Conciliation and Arbitration Amendment Act (No. 3) 1976 (Cth)

CONCILIATION AND ARBITRATION AMENDMENT ACT (No. 3) 1976

No. 160 of 1976

An Act to make Provision for the Transfer of Jurisdiction under the Conciliation and Arbitration Act 1904 from the Australian Industrial Court to the Federal Court of Australia and for the Abolition of the first-mentioned Court.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Conciliation and Arbitration Amendment Act (No. 3) 1976.

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.

3. The Conciliation and Arbitration Act 1904 is amended by inserting after Part V the following Part:—

“PART Va—TRANSFER OF CERTAIN JURISDICTION OF AUSTRALIAN INDUSTRIAL COURT TO FEDERAL COURT OF AUSTRALIA

Transfer of jurisdiction.

“118a. (1) On and after the date of commencement of this Part—

(a) the jurisdiction and powers expressed by this Act to be vested in or exercisable by the Court or a Judge of the Court are, except in relation to matters in respect of which the hearing of proceedings in the Australian Industrial Court had commenced or been completed before that date, vested in and exercisable by the Federal Court of Australia or a Judge of that Court and, subject to this section, are exercisable in accordance with the Federal Court of Australia Act 1976; and

(b) a reference in this Act to the Court (other than in sub-sections (1), (3), (4) and (5) of section 104 and sections 105, 114, 115, 116, 117 and 118) shall, in relation to, and to matters arising out of, that jurisdiction or those powers as so vested or exercisable, be read as references to the Federal Court of Australia in its Industrial Division.

“(2) The Industrial Registrar may, on or after the date of commencement of this Part, refer a matter to the Federal Court of Australia in pursuance of an application under section 159 for an inquiry by the Australian Industrial Court made before that date.

“(3) Where, immediately before the date of commencement of this Part, proceedings in a matter arising under this Act 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 Part;

(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.

 

“(4) 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 under this Act, whether before or after the commencement of this Part, as if it were an order of the Federal Court of Australia.

“(5) In this section, a reference to this Act shall be read as including a reference to this Act as amended after the commencement of this Part.

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, decree, order or sentence under this Act of that Court constituted by a single Judge; and

(b) except as provided by sub-section (2), an appeal does not lie to the High Court from a judgment, decree, order or sentence under this Act of the Federal Court of Australia however constituted.

“(2) An appeal lies to the High Court from a judgment, decree, order or sentence of the Federal Court of Australia under this Act (other than a judgment, decree, order or sentence under section 107, 109, 110, 111 or 112 or under Part VIII or IX) if the High Court grants leave to appeal.”.

Abolition of Australian Industrial Court.

4. Upon a day to be fixed by Proclamation, being a day on which no person holds office as a Judge of the Australian Industrial Court, the Australian Industrial Court is, by force of this Act, abolished.

Transitional provisions.

5. (1) In this section—

“former court” means the Australian Industrial Court;

“order” includes an authorization;

“proclaimed day” means the day on which the Australian Industrial Court is abolished under section 4.

(2) If, immediately before the proclaimed day, any proceedings in the former court, whether in a matter arising under this Act or not, were uncompleted—

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

(b) the Federal Court of Australia may hear, or further hear, the proceedings, if the hearing was not completed before the proclaimed day, and may determine the proceedings and, for those purposes, a Judge or Judges exercising the jurisdiction of the Federal Court of Australia may have regard to any evidence or argument in the proceedings as proceedings in the former court;

(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;

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

(e) all things done in or in relation to the proceedings as proceedings in the former court shall be deemed to have been done in or in relation to the proceedings as proceedings in the Federal Court of Australia.

(3) Proceedings transferred to the Federal Court of Australia under sub-section (2) shall be dealt with—

(a) in the case of proceedings arising under the Conciliation and Arbitration Act 1904 or under an Act relating to the stevedoring industry— in the Industrial Division of that Court; and

(b) in the case of any other proceedings—in the General Division of that Court.

(4) The jurisdiction of the Federal Court of Australia under sub-section (2) shall be exercised—

(a) where the proceedings in the former court would have been determined by a single Judge of the former court—by a single Judge;

(b) where the proceedings in the former court would have been determined by 2 or more Judges of the former court—by a Full Court.

(5) An order, direction or warrant made, given or issued by the former court or a Judge of the former court and in force immediately before the proclaimed day continues in force, and may be enforced, rescinded, varied or suspended, and proceedings for contempt of court may be had in relation to such an order or direction, as if the order, direction or warrant had been made, given or issued by the Federal Court of Australia or a Judge of that Court.

(6) Where an order or a notice, summons or other document made or issued by or in relation to the former court before the proclaimed day refers to the former court, the reference shall, for the purposes of the operation of the order or document on or after that day, and for the purposes of proceedings to which this section applies, be deemed to be a reference to the Federal Court of Australia.