Commonwealth Consolidated Acts

FEDERAL MAGISTRATES ACT 1999 - SECT 10A

             (1)  For the purpose of the organisation and conduct of the business of the Federal Magistrates Court, the Federal Magistrates Court comprises 2 Divisions:

                     (a)  the General Division; and

                     (b)  the Fair Work Division.

             (2)  Every proceeding in the Federal Magistrates Court must be instituted, heard and determined in a Division.

Fair Work Division

             (3)  The following jurisdiction of the Federal Magistrates Court is to be exercised in the Fair Work Division:

                     (a)  jurisdiction that is required by any other Act to be exercised in the Fair Work Division;

                     (b)  jurisdiction that is incidental to such jurisdiction.

Note:          Under section 566 of the Fair Work Act 2009 , jurisdiction is required to be exercised in the Fair Work Division of the Federal Magistrates Court in relation to matters arising under that Act.

General Division

             (4)  The following jurisdiction of the Federal Magistrates Court is to be exercised in the General Division:

                     (a)  jurisdiction that is not required by any other Act to be exercised in the Fair Work Division;

                     (b)  jurisdiction that is incidental to such jurisdiction (including jurisdiction that is required by any other Act to be exercised in the Fair Work Division).

Jurisdiction that is required to be exercised in both Divisions

             (5)  If the Court's jurisdiction is required to be exercised in both Divisions in relation to particular proceedings or proceedings of a particular kind, the Chief Federal Magistrate may, at any time (whether before or after the proceedings are instituted), give a direction about the allocation to one or other Division of those proceedings or proceedings of that kind.