162A

Transfer of certain proceedings to Industrial Local Court Judges

Current

(1)

This section applies to the following proceedings—

(a)

proceedings for a civil penalty under Part 1 of Chapter 7,

(b)

proceedings for the recovery of money under Part 2 of Chapter 7.

(2)

If proceedings to which this section applies have been instituted in or before the Commission in Court Session but the hearing of the matter has not commenced, the President of the Commission, or a judicial member of the Commission authorised by the President for this section, may order the transfer of the proceedings to the Local Court to be dealt with by the Local Court.

(3)

The President or judicial member must not make an order under this section unless—

(a)

the President or judicial member is satisfied the proceedings should have been instituted in the Local Court because of the nature of the proceedings, and

(b)

the Local Court has jurisdiction to deal with the proceedings.

(4)

Any proceedings to which this section applies that are transferred to the Local Court under this section are to continue before the Local Court as if they had been instituted there.

(5)

In this section—

Local Court means the Local Court constituted by an Industrial Local Court Judge sitting alone.

This Act’s bill:Explanatory memorandum Second reading speech

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