Commonwealth Consolidated Acts

FEDERAL MAGISTRATES ACT 1999 - SECT 41

             (1)  If a proceeding of a kind specified in regulations made for the purposes of this subsection is pending in the Federal Magistrates Court, the Federal Magistrates Court must, before going on to hear and determine the proceeding, transfer the proceeding to the Federal Court.

             (2)  If a proceeding of a kind specified in regulations made for the purposes of this subsection is pending in the Federal Magistrates Court, the Federal Magistrates Court must, before going on to hear and determine the proceeding, transfer the proceeding to the Family Court.

             (3)  If a proceeding is transferred under subsection (1), the Federal Magistrates Court may make such orders as it considers necessary pending the disposal of the proceeding by the Federal Court.

             (4)  If a proceeding is transferred under subsection (2), the Federal Magistrates Court may make such orders as it considers necessary pending the disposal of the proceeding by the Family Court.

             (5)  An appeal does not lie from a decision of the Federal Magistrates Court in relation to the transfer of a proceeding under subsection (1) or (2).

             (6)  A reference in subsections (1) and (2) to a proceeding pending in the Federal Magistrates Court includes a reference to a proceeding that was instituted in contravention of subsection 19(1).

             (7)  The Minister must cause a copy of regulations ( transfer regulations ) made for the purposes of subsection (1) or (2) to be tabled in each House of the Parliament.

             (8)  Either House may, following a motion upon notice, pass a resolution disallowing the transfer regulations. To be effective, the resolution must be passed within 15 sittings days of the House after the copy of the transfer regulations was tabled in the House.

             (9)  If neither House passes such a resolution, the transfer regulations take effect on the day immediately after the last day upon which such a resolution could have been passed.

           (10)  Subsections (7), (8) and (9) have effect despite anything in:

                     (a)  the Acts Interpretation Act 1901 ; or

                     (b)  the Legislative Instruments Act 1999 .