Conciliation and Arbitration Amendment (Federal Court of Australia) Act 1978 (Cth)

CONCILIATION AND ARBITRATION AMENDMENT (FEDERAL COURT OF AUSTRALIA) ACT 1978

No. 53 of 1978

An Act to amend the Conciliation and Arbitration Act 1904 in respect of the jurisdiction of 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:

Short title, &c.

1. (1) This Act may be cited as the Conciliation and Arbitration Amendment (Federal Court of Australia) Act 1978.

(2) The Conciliation and Arbitration Act 1904 is in this Act referred to as the Principal Act.

Commencement

2. This Act will come into operation on a date to be fixed by Proclamation.

Transfer of jurisdiction

3. (1) Section 118a of the Principal Act is amended—

(a) by omitting from paragraph (b) of sub-section (1) “subsections (1), (3), (4) and (5) of section 104 and sections 105, 114, 115, 116, 117 and 118” and substituting “sections 104, 105, sub-sections (1) and (2) of section 111 and sections 114, 115, 116, 117, 118 and 184”; and

(b) by inserting after sub-section (4) the following sub-sections:

“(4a) Subject to sub-section (4b), the original jurisdiction of the Federal Court of Australia under this Act (including, subject to sub-section (4c), its jurisdiction to punish contempts of its power and authority in relation to that jurisdiction) shall be exercised in the Industrial Division by a single Judge.

“(4b) The original jurisdiction of the Federal Court of Australia under section 107, 108, 112 or 143, and the appellate jurisdiction of that Court under section 113, shall be exercised in the Industrial Division by a Full Court.

“(4c) Nothing in this section affects the operation of section 31 of the Federal Court of Australia Act 1976 in relation to contempt of the Federal Court of Australia committed in the face or hearing of the Court.”.

(2) The amendments made by this section do not affect the exercise of the jurisdiction of the Federal Court of Australia in a matter the hearing of which commenced before the date of commencement of this Act.

4. (1) Section 118b of the Principal Act is repealed and the following sections are substituted:

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 or order of that Court, constituted by a single Judge, in proceedings under section 158p or under Part IX; and

(b) subject to sub-section (2), an appeal lies to the High Court from a judgment, order or sentence under this Act of a Full Court of the Federal Court of Australia if the High Court grants leave to appeal, but not otherwise.

“(2) No appeal lies to the High Court from a judgment, order or sentence of a Full Court of the Federal Court of Australia—

(a) in a matter arising under section 107, 109, 110, 112 or 158p or under Part VIII or IX (including a prosecution for an offence against regulations made for the purposes of section 158p or against Part VIII or Part IX); or

(b) in respect of a contempt of that Court in relation to proceedings under this Act.

Reference of proceedings to Full Court

“118c. (1) A single Judge of the Federal Court of Australia exercising jurisdiction in any proceedings under this Act—

(a) may, at any stage of the proceedings and either on the application of a party or of his own motion; and

(b) shall, upon application by the Minister at any stage of the proceedings,

order that the proceedings be heard and determined by a Full Court.

“(2) Where such an order is made, a Full Court of the Federal Court of Australia has jurisdiction to hear and determine the proceedings and may have regard to any evidence given, or arguments adduced, in the proceedings before the single Judge.

Prosecutions for offences

“118d. For the purposes of this Part, the proceedings in a prosecution before the Court for an offence against this Act or the regulations shall be deemed to be proceedings under section 191 and not to be proceedings under any other provision of this Act.”.

 

(2) Notwithstanding the amendment made by this section—

(a) an appeal does not lie to a Full Court of the Federal Court of Australia from a judgment, order or sentence of that Court constituted by a single Judge pronounced or made before the date of commencement of this Act in proceedings under the Principal Act; and

(b) the provisions of sub-section (2) of section 118b of the Principal Act continue to apply in relation to a judgment, order or sentence of the Federal Court of Australia pronounced or made before the date of commencement of this Act in proceedings under the Principal Act.