Section 55H — Freedom of Information Act 1982: Procedure in IC review—reference of questions of law to Federal Court of Australia

(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. (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. (3) The Federal Court of Australia has jurisdiction to hear and determine a question of law referred to it. (4) The jurisdiction of the Federal Court of Australia may be exercised by a single judge of the Court. (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.