DEFENCE FORCE DISCIPLINE APPEALS ACT 1955 - SECT 51 Reference of questions of law to Federal Court of Australia

DEFENCE FORCE DISCIPLINE APPEALS ACT 1955 - SECT 51

  (1)   The Tribunal may, of its own motion or at the request of appellant or Chief of the Defence Force or a service chief, refer a question of law arising in a proceeding before the Tribunal, not being a proceeding before a single member exercising the powers of the Tribunal, to the Federal Court of Australia for decision.

  (2)   The Federal Court of Australia has jurisdiction to hear and determine a question of law referred to it under this section, and that jurisdiction shall be exercised by that Court constituted as a Full Court.

  (3)   Where a question of law involved in a decision in respect of a proceeding before the Tribunal has been referred to the Federal Court of Australia under this section, the Tribunal shall not, in that proceeding:

  (a)   give a decision to which the question is relevant while the reference is pending; 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.