FREEDOM OF INFORMATION ACT 1982

PART VII - REVIEW BY INFORMATION COMMISSIONER  

Division 6 - Procedure in IC review  

SECTION 55H   Procedure in IC review - reference of questions of law to Federal Court of Australia  

55H(1)  
The Information Commissioner may, at any time during an IC review, refer a question of law arising in an IC review to the Federal Court of Australia for decision.

55H(2)  
The Information Commissioner may refer the question of law:


(a) on the application of a review party; or


(b) on the Information Commissioner's initiative.

55H(3)  
The Federal Court of Australia has jurisdiction to hear and determine a question of law referred to it.

55H(4)  
The jurisdiction of the Federal Court of Australia may be exercised by a single judge of the Court.

55H(5)  
If a question of law is referred, the Information Commissioner must not, for the purposes of the IC review:


(a) give a decision to which the question is relevant before the Federal Court of Australia makes a decision in relation to the reference; or


(b) proceed in a manner, or make a decision, that is inconsistent with the opinion of the Federal Court of Australia on the question.




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