Industrial Relations Act 1996

In this Division—

were commenced before the abolition day, and

have not been finally determined before that day by the court in which the proceedings were commenced.

if an amendment made by the amending Act has resulted in the function being conferred or imposed on the Supreme Court—the Supreme Court, or

if an amendment made by the amending Act has resulted in the function being conferred or imposed on the District Court—the District Court.

was available to be exercised immediately before the abolition day, and

had not yet been exercised before that day.

For the purposes of this Division, proceedings are not finally determined if—

any period for bringing an appeal as of right in respect of the proceedings has not expired (ignoring any period that may be available by way of extension of time to appeal), or

any appeal in respect of the proceedings is pending (whether or not it is an appeal brought as of right).

To avoid doubt, this Division extends to proceedings before the President or a judicial member in exercise of any functions conferred or imposed on them by the Criminal Procedure Act 1986 in the same way as it applies to proceedings before the Industrial Court.