Tribunal guidance decisions
109 Tribunal guidance decisions
General rule
A decision of the Tribunal is a Tribunal guidance decision if:
the decision is made by the Tribunal constituted for the purposes of a proceeding in accordance with:
section 40 (exception—President refers application for review that raises issue of significance); or
section 41 (exception—President, on appeal, refers Tribunal decision that raises issue of significance); and
the decision is:
made under section 105 (Tribunal decision on review of reviewable decision); and
not made in accordance with subsection 103(2) (decision agreed by parties); and
the decision is not declared under subsection (2) of this section to be an excluded decision.
Exception—declared by President
The President may, in writing, declare that a decision made under section 105 by the Tribunal constituted for the purposes of a proceeding in accordance with section 40 or 41 is an excluded decision.
A declaration made under subsection (2) is not a legislative instrument.
The President must publish declarations made under subsection (2).
This Act’s bill:Explanatory memorandumSecond reading speech
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