Section 40

which arose in the course of the proceedings;

which, in the opinion of the Tribunal, is of sufficient importance to merit such reference; and

the determination of which by the Tribunal raises, in the opinion of the Tribunal, sufficient doubt to merit such reference.

If the Tribunal refers any question of law under subsection (1)

for the decision of a Judge of the High Court, the Tribunal shall make its award in conformity with such decision.

For the purposes of reference to the High Court on any question of law, a Federal Counsel authorized by the

Attorney General may appear on behalf of the Tribunal in any proceedings before a Judge of the High Court.

Procedure where no provision is made