Federal Register of Legislation - Australian Government

Primary content

Act No. 157 of 1976 as made
An Act to amend certain Acts so as to make Provision for the Transfer of Jurisdiction of the Australian Industrial Court to the Federal Court of Australia
Date of Assent 09 Dec 1976
Date of repeal 25 Mar 2015
Repealed by Amending Acts 1970 to 1979 Repeal Act 2015
 

FEDERAL COURT OF AUSTRALIA (CONSEQUENTIAL PROVISIONS) ACT 1976 No. 157, 1976

FEDERAL COURT OF AUSTRALIA (CONSEQUENTIAL PROVISIONS) ACT 1976 No. 157 of 1976 - SECT. 1.
Short title.

FEDERAL COURT OF AUSTRALIA (CONSEQUENTIAL PROVISIONS) ACT 1976

No. 157 of 1976
An Act to amend certain Acts so as to make Provision for the Transfer of Jurisdiction of the Australian Industrial Court to the Federal Court of Australia.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:-
1. This Act may be cited as the Federal Court of Australia (Consequential Provisions) Act 1976.*1*

FEDERAL COURT OF AUSTRALIA (CONSEQUENTIAL PROVISIONS) ACT 1976 No. 157 of 1976 - SECT. 2.
Commencement.

2. This Act shall come into operation on a date to be fixed by Proclamation, not being earlier than the day that is the commencing day for the purposes of the Federal Court of Australia Act 1976.

FEDERAL COURT OF AUSTRALIA (CONSEQUENTIAL PROVISIONS) ACT 1976 No. 157 of 1976 - SECT. 3.
Amendment of Acts.

3. The Acts specified in the Schedule are amended as set out in the Schedule.

FEDERAL COURT OF AUSTRALIA (CONSEQUENTIAL PROVISIONS) ACT 1976 No. 157 of 1976 - SECT. 4.
Transfer of certain proceedings.

4. (1) The amendments made by this Act do not affect the jurisdiction of the Australian Industrial Court in any proceedings the hearing of which had commenced before the date of commencement of this Act.

(2) Where, immediately before the date of commencement of this Act, proceedings in a matter arising under an Act specified in the Schedule were pending in the Australian Industrial Court but the hearing of the proceedings had not commenced-

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

(b) the Federal Court of Australia may hear and determine the proceedings;

(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; and

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

(e) all things done in and in relation to the proceedings in the Australian Industrial Court shall be deemed to have been done in and in relation to the proceedings in the Federal Court of Australia.

(3) The Federal Court of Australia has the same powers (including powers in respect of contempt of court and enforcing of orders) in respect of an order of the Australian Industrial Court made, whether before or after the commencement of this Act, under an Act referred to in the Schedule as if it were an order of the Federal Court of Australia.

----------

FEDERAL COURT OF AUSTRALIA (CONSEQUENTIAL PROVISIONS) ACT 1976 No. 157 of 1976 - SCHEDULE


SCHEDULE
Section 3
------------------------------------------------------------------------------ --
Act Provision Amendment ------------------------------------------------------------------------------ --
Administrative Appeals
Tribunal Act 1975 Section 43 (6) . . Omit ''to the Australian
Industrial Court'', substitute
''in accordance with section
44''.
Sections 44, 45 and
46 Omit ''Australian Industrial

Back to Top

Court'' (wherever occurring),
substitute ''Federal Court of
Australia''.
Broadcasting and Television Act 1942 Sections 90R and
92KA Omit ''Australian Industrial
Court'' (wherever occurring),
substitute ''Federal Court of
Australia''.
Compensation (Commonwealth Government Employees) Act 1971 Section 94 . . . . (a) Omit ''to the
Commonwealth Industrial
Court''.
(b) Omit ''of the
Commonwealth Industrial
Court''.
Section 95 . . . . Omit ''Commonwealth Industrial
Court'' (wherever occurring),
substitute ''Federal Court of
Australia''.
Section 96 . . . . Repeal the section.
Financial Corporations Act 1974 Section 23 . . . . Omit ''Australian Industrial
Court'' (wherever occurring),
substitute ''Federal Court of
Australia''.
Health Insurance Act 1973 Section 119 (3) . . Omit the sub-section,
substitute the following
sub-section:-
''(3) Subject to the
Constitution, the decision of
a Tribunal on a review is
final except in so far as an
appeal may be brought to the
Federal Court of Australia in
accordance with section 122 or
any further appeal may be
brought in accordance with
section 24 or 33 of the
Federal Court of Australia Act
1976.''.
Section 122 . . . . Omit ''Australian Industrial
Court'' (wherever occurring),
substitute ''Federal Court of
Australia''.
Section 123 . . . . Repeal the section.
Insurance Act 1973 . . . . Section 3 (1)
(definition of
''Court'') Omit ''Commonwealth Industrial
Court'', substitute ''Federal
Court of Australia''.
Section 89 Repeal the section.
National Health Act 1953 . Section 82Q (1)
(definition of
''Court'') Omit ''Australian Industrial
Court'', substitute ''Federal
Court of Australia''.
Section 82ZM . . . Omit sub-sections (2) and (3).
Navigation Act 1912 . . . Section 375B . . . Omit ''Commonwealth Industrial
Court'' (wherever occurring),
substitute ''Federal Court of
Australia''.
Omit ''not less than two
Judges'', substitute ''a Full
Court''.
Prices Justification Act 1973 Section 31 . . . . Omit ''Australian Industrial
Court'' (wherever occurring),
substitute ''Federal Court of
Australia''.
Section 32 (2) . . After ''Australian Industrial
Court'' (twice occurring),
insert ''or of the Federal
Court of Australia''. Stevedoring Industry Act 1956 Section 7 (1)
(definition of
''the Court'') Omit ''Commonwealth Industrial
Court'', substitute ''Federal
Court of Australia''.
Sections 34 (3) and
45M (3) After ''exercised'' insert
''in the Industrial
Division''.
Trade Practices Act 1974 . Section 4
(definition of
''Court'') Omit ''Australian Industrial
Court'', substitute ''Federal
Court of Australia''. ------------------------------------------------------------------------------ --
------------------------------------------------------------------------------ --

FEDERAL COURT OF AUSTRALIA (CONSEQUENTIAL PROVISIONS) ACT 1976 No. 157 of 1976 - NOTE


NOTE
1. Act No. 157, 1976; assented to 9 December 1976.