TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 169
Temporary exercise of jurisdiction by Australian Industrial Court.
TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 169
Temporary exercise of jurisdiction by Australian Industrial Court.
169. (1) Jurisdiction expressed to be conferred on the Superior Court of
Australia by this Act shall not be deemed to be so conferred before a court of
that name is authorized under another Act to exercise jurisdiction.
(2) If, at the commencing date, jurisdiction under this Act cannot be
exercised by the Superior Court of Australia, then-
(a) until jurisdiction can be so exercised, any action, prosecution or
other proceeding under this Act may be instituted in the Australian
Industrial Court as if references in this Act to the proceedings Court
of Australia were references to the Australian Industrial Court;
(b) jurisdiction is conferred on the Australian Industrial Court to hear
and determine a proceeding so instituted in that Court and, except in
the case of a proceeding referred to in sub-section 137 (4),
section 143 or sub-section 163 (3), that jurisdiction may be exercised
by a single Judge; and
(c) this Act has effect in relation to a proceeding instituted in the
Australian Industrial Court in accordance with this section, or in
relation to a finding or order made in such a proceeding, as if
references in this Act to the Court were, except where the context
otherwise requires, references to the Australian Industrial Court.
(3) The jurisdiction of the Australian Industrial Court by virtue of this
section is exclusive of the jurisdiction of other courts to the extent to
which the jurisdiction of the Superior Court of Australia under this Act is
expressed to be so exclusive.