Commonwealth Numbered Acts

CONCILIATION AND ARBITRATION AMENDMENT ACT (No. 3) 1976 No. 160 of 1976 - SECT 5

5. (1) In this section-

''former court'' means the Australian Industrial Court;

''order'' includes an authorization;

''proclaimed day'' means the day on which the Australian Industrial Court is
abolished under section 4.

(2) If, immediately before the proclaimed day, any proceedings in the former
court, whether in a matter arising under this Act or not, were uncompleted-

   (a)  the proceedings are, by force of this Act, transferred to the Federal
        Court of Australia on the proclaimed day;

   (b)  the Federal Court of Australia may hear, or further hear, the
        proceedings, if the hearing was not completed before the
        proclaimed day, and may determine the proceedings and, for those
        purposes, a Judge or Judges exercising the jurisdiction of the Federal
        Court of Australia may have regard to any evidence or argument in the
        proceedings as proceedings in the former court;

   (c)  all documents filed of record in the Australian Industrial Court in
        the proceedings shall be transmitted to the Registrar of the Federal
        Court of Australia;

   (d)  any moneys lodged with the former court in relation to the proceedings
        shall be transferred to the Federal Court of Australia and dealt with
        as if they have been lodged with that Court; and

   (e)  all things done in or in relation to the proceedings as proceedings in
        the former court shall be deemed to have been done in or in relation
        to the proceedings as proceedings in the Federal Court of Australia.

(3) Proceedings transferred to the Federal Court of Australia under
sub-section (2) shall be dealt with-

   (a)  in the case of proceedings arising under the Conciliation and
        Arbitration Act 1904 or under an Act relating to the stevedoring
        industry- in the Industrial Division of that Court; and

   (b)  in the case of any other proceedings-in the General Division of that
        Court.

(4) The jurisdiction of the Federal Court of Australia under sub- section (2)
shall be exercised-

   (a)  where the proceedings in the former court would have been determined
        by a single Judge of the former court-by a single Judge;

   (b)  where the proceedings in the former court would have been determined
        by 2 or more Judges of the former court-by a Full Court.

(5) An order, direction or warrant made, given or issued by the former court
or a Judge of the former court and in force immediately before the proclaimed
day continues in force, and may be enforced, rescinded, varied or suspended,
and proceedings for contempt of court may be had in relation to such an order
or direction, as if the order, direction or warrant had been made, given or
issued by the Federal Court of Australia or a Judge of that Court.

(6) Where an order or a notice, summons or other document made or issued by or
in relation to the former court before the proclaimed day refers to the
former court, the reference shall, for the purposes of the operation of the
order or document on or after that day, and for the purposes of proceedings to
which this section applies, be deemed to be a reference to the Federal Court
of Australia.
------------------------------------------------------------------------------
--