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FEDERAL CIRCUIT COURT OF AUSTRALIA ACT 1999 - SECT 104 Registrars--additional provisions

This legislation has been repealed.

FEDERAL CIRCUIT COURT OF AUSTRALIA ACT 1999 - SECT 104

Registrars--additional provisions

Registrars to act independently

             (1)  Despite any other provision of this Act and any provision of the Public Service Act 1999 or of any other law, a Registrar is not subject to the direction or control of any person or body in relation to the way in which he or she exercises powers under subsection 102(2) or under a delegation under subsection 103(1).

Review of the exercise of Registrars' powers

             (2)  A party to proceedings in which a Registrar has exercised any of the powers of the Federal Circuit Court of Australia under subsection 102(2) or under a delegation under subsection 103(1) may:

                     (a)  within the time prescribed by the Rules of Court; or

                     (b)  within any further time allowed in accordance with the Rules of Court;

apply to the Federal Circuit Court of Australia for review of that exercise of power.

             (3)  The Federal Circuit Court of Australia may, on application under subsection (2) or on its own initiative, review an exercise of power by a Registrar under subsection 102(2) or under a delegation under subsection 103(1), and may make any order or orders it thinks fit in relation to the matter in respect of which the power was exercised.

Referral to Court by Registrars

             (4)  If an application for the exercise of a power referred to in subsection 102(2) or under a delegation under subsection 103(1) is to be, or is being, heard by a Registrar, and:

                     (a)  the Registrar considers that it is not appropriate for the application to be determined by a Registrar acting under section 102 or under a delegation under subsection 103(1); or

                     (b)  an application is made to the Registrar to arrange for the first-mentioned application to be determined by a Judge;

he or she must not hear, or continue to hear, the application and must make appropriate arrangements for the application to be heard by a Judge.