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WORKPLACE RELATIONS ACT 1996 - SECT 847 Jurisdiction of Court

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 847

Jurisdiction of Court

             (1)  The Court has jurisdiction with respect to matters arising under this Act in relation to which:

                     (a)  applications may be made to it under this Act; or

                     (b)  actions may be brought in it under this Act; or

                     (c)  questions may be referred to it under this Act; or

                     (d)  appeals lie to it under section 853; or

                     (e)  penalties may be sued for and recovered under this Act; or

                      (f)  prosecutions may be instituted for offences against this Act.

             (2)  For the purposes of section 44 of the Judiciary Act 1903 , the Court is taken to have jurisdiction with respect to any matter in which a writ of mandamus or prohibition or an injunction is sought against an officer or officers of the Commonwealth holding office under this Act or the Coal Industry Act 1946 .

Note:          Section 44 of the Judiciary Act 1903 gives the High Court of Australia power to remit a matter to a federal court that has jurisdiction with respect to that matter.

             (3)  The Court has jurisdiction with respect to matters remitted to it under section 44 of the Judiciary Act 1903 .

             (4)  The Federal Magistrates Court has jurisdiction with respect to matters arising under this Act in relation to which:

                     (a)  applications may be made to it under this Act; or

                     (b)  actions may be brought in it under this Act; or

                     (c)  questions may be referred to it under this Act; or

                     (d)  penalties may be sued for and recovered under this Act; or

                     (e)  prosecutions may be instituted for offences against this Act.

Note:          A proceeding pending in the Federal Magistrates Court may be transferred to the Federal Court: see Part 5 of the Federal Magistrates Act 1999 .