Commonwealth Numbered Acts

CONCILIATION AND ARBITRATION AMENDMENT (FEDERAL COURT OF AUSTRALIA) ACT 1978 No. 53 of 1978 - SECT 4

4. (1) Section 118B of the Principal Act is repealed and the following
sections are substituted: Limitation on appeals
''118B. (1) Notwithstanding anything contained in the Federal Court of 
Australia Act 1976 -

   (a)  an appeal does not lie to a Full Court of the Federal Court of
        Australia from a judgment or order of that Court, constituted by a
        single Judge, in proceedings under section 158P or under Part IX; and

   (b)  subject to sub-section (2), an appeal lies to the High Court from a
        judgment, order or sentence under this Act of a Full Court of the
        Federal Court of Australia if the High Court grants leave to appeal,
        but not otherwise.

''(2) No appeal lies to the High Court from a judgment, order or sentence of a
Full Court of the Federal Court of Australia-

   (a)  in a matter arising under section 107, 109, 110, 112 or 158P or under
        Part VIII or IX (including a prosecution for an offence against
        regulations made for the purposes of section 158P or against Part VIII
        or Part IX); or

   (b)  in respect of a contempt of that Court in relation to proceedings
        under this Act. Reference of proceedings to Full Court
''118C. (1) A single Judge of the Federal Court of Australia exercising
jurisdiction in any proceedings under this Act-

   (a)  may, at any stage of the proceedings and either on the application of
        a party or of his own motion; and

   (b)  shall, upon application by the Minister at any stage of the
        proceedings, order that the proceedings be heard and determined by a
        Full Court.

''(2) Where such an order is made, a Full Court of the Federal Court of
Australia has jurisdiction to hear and determine the proceedings and may have
regard to any evidence given, or arguments adduced, in the proceedings before
the single Judge. Prosecutions for offences
''118D. For the purposes of this Part, the proceedings in a prosecution before
the Court for an offence against this Act or the regulations shall be deemed
to be proceedings under section 191 and not to be proceedings under any other
provision of this Act.''.

(2) Notwithstanding the amendment made by this section-

   (a)  an appeal does not lie to a Full Court of the Federal Court of
        Australia from a judgment, order or sentence of that Court constituted
        by a single Judge pronounced or made before the date of commencement
        of this Act in proceedings under the Principal Act; and

   (b)  the provisions of sub-section (2) of section 118B of the Principal Act
        continue to apply in relation to a judgment, order or sentence of the
        Federal Court of Australia pronounced or made before the date of
        commencement of this Act in proceedings under the Principal Act.
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