Section 40
Reference to Judge of High Court on question of law
Before the Tribunal makes an award under section 42, the Tribunal may, in its discretion, refer to a Judge of the High
Court a question of law—
(a)
which arose in the course of the proceedings;
(b)
which, in the opinion of the Tribunal, is of sufficient importance to merit such reference; and
(c)
the determination of which by the Tribunal raises, in the opinion of the Tribunal, sufficient doubt to merit such reference.
(2)
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.
(3)
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.