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COMMONWEALTHAct
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s 11

Uncompleted proceedings before former Commission etc.

In force
Part IISavings and transitional provisions
Division 3Proceedings to be dealt with by new Commission

11 Uncompleted proceedings before former Commission etc.

(1)

Where, immediately before the commencement, a proceeding before the former Commission or the Tribunal has not been completed, the proceeding shall be dealt with after the commencement by the new Commission.

(2)

Where the new Commission is dealing with a proceeding under subsection (1):

(a)

all documents filed or lodged in the proceeding with a former Registrar shall be transmitted to the Industrial Registrar;

(b)

any money lodged in relation to the proceeding with a former Registrar shall be transferred to the Industrial Registrar and dealt with as if it had been lodged with the Industrial Registrar;

(c)

all things done in relation to the proceeding in the former Commission or the Tribunal shall be taken to have been done in relation to the proceeding in the new Commission; and

(d)

the new Commission shall have regard to the evidence given, the arguments adduced and any award, order or determination made in the proceeding before the commencement, to the extent that such evidence, argument, award, order or determination is relevant to the provisions under which the new Commission is dealing with the proceeding.

(3)

In this section:

proceeding includes a matter, or a question arising in a matter, referred to the former Commission under section 88E of the previous Act.

Tribunal means the Flight Crew Officers Industrial Tribunal.

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