Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT 30

References to Board of Review and appeals and references to courts
30. (1) Section 30 of the Principal Act is amended by omitting sub-sections
(5) and (6) and substituting the following sub-sections:

''(5) The Commissioner or the person who requested a review by a Board of
Review may, within 30 days after the date of the decision, appeal to a Supreme
Court from any decision of the Board under this section which involves a
question of law.

''(6) The Board of Review shall, upon the request of the Commissioner or the
person who requested a review by the Board, refer any question of law arising
before the Board of Review to such Supreme Court as is agreed upon by the
parties or, in the absence of agreement, to such Supreme Court as the Board of
Review considers appropriate.

''(7) An appeal or reference to a Supreme Court under this section shall be
heard by a single Judge of the Court.

''(8) Except as provided in sub-section (9), an appeal does not lie from the
decision of a Supreme Court constituted by a single Judge on an appeal or
reference under this section.

''(9) The Commissioner or the person who requested a review by the Board of
Review may appeal against the decision of a Supreme Court on an appeal or
reference under this section-

   (a)  by leave of the Federal Court of Australia, to that Court; or

   (b)  by special leave of the High Court, to that Court.

''(10) If the determination is varied in a manner favourable to the person who
requested the review, either by an amendment or as a result of the decision of
the Board of Review or of a court, the fee paid in accordance with sub-section
(1) shall be refunded to him.

''(11) An appeal does not lie from a decision of the Federal Court of
Australia in an appeal under this section unless the High Court gives special
leave to appeal.''.

(2) Notwithstanding the amendment made by this section but subject to Part
XIX-

   (a)  an appeal to the High Court in accordance with section 30 of the
        Principal Act against a decision of a Board of Review given before the
        date of commencement of this Part may be instituted, heard and
        determined; and

   (b)  an appeal to the High Court instituted before that date, or a
        reference of a question of law to the High Court made before that
        date, under section 30 of the Principal Act may be heard and
        determined, as if that amendment had not been made, and the provisions
        of the Principal Act continue to apply in relation to such an appeal
        or reference and to matters arising out of such an appeal or
        reference. 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback