Commonwealth Numbered Acts

CONCILIATION AND ARBITRATION AMENDMENT ACT (No. 3) 1976 No. 160 of 1976 - SECT 3

3. The Conciliation and Arbitration Act 1904*2* 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.''.