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COAL MINING INDUSTRY (LONG SERVICE LEAVE) ADMINISTRATION ACT 1992 - SECT 52C

Conferral of jurisdiction on the Federal Court and the Federal Circuit and Family Court of Australia (Division 2)

  (1)   Jurisdiction is conferred on the Federal Court and the Federal Circuit and Family Court of Australia (Division   2) in relation to any civil matter arising under this Act or the Payroll Levy Collection Act.

  (2)   The jurisdiction conferred on the Federal Court under subsection   (1) is to be exercised in the Fair Work Division   of the Federal Court if:

  (a)   an application is made to the Federal Court under this Act or the Payroll Levy Collection Act; or

  (b)   a writ of mandamus or prohibition or an injunction is sought in the Federal Court against a person holding office under this Act; or

  (c)   a declaration is sought under section   21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act or the Payroll Levy Collection Act; or

  (d)   an injunction is sought under section   23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act or the Payroll Levy Collection Act; or

  (e)   an appeal is instituted in the Federal Court from a judgement of the Federal Circuit and Family Court of Australia (Division   2) in a matter arising under this Act or the Payroll Levy Collection Act; or

  (f)   proceedings in relation to a matter arising under this Act or the Payroll Levy Collection Act are transferred to the Federal Court from the Federal Circuit and Family Court of Australia (Division   2); or

  (g)   the Federal Circuit and Family Court of Australia (Division   2) states a case or reserves a question for the consideration of the Federal Court in a matter arising under this Act or the Payroll Levy Collection Act; or

  (h)   the President of the FWC refers, under section   608 of the Fair Work Act 2009 , a question of law arising from an LSL dispute to the Federal Court; or

  (i)   the High Court remits a matter arising under this Act or the Payroll Levy Collection Act to the Federal Court.

  (3)   Jurisdiction conferred on the Federal Circuit and Family Court of Australia (Division   2) under subsection   (1) is to be exercised in the Fair Work Division of the Court if:

  (a)   an application is made to the Court under this Act or the Payroll Levy Collection Act; or

  (b)   an injunction is sought under section   140 of the Federal Circuit and Family Court of Australia Act 2021 in relation to a matter arising under this Act or the Payroll Levy Collection Act; or

  (c)   a declaration is sought under section   141 of the Federal Circuit and Family Court of Australia Act 2021 in relation to a matter arising under this Act or the Payroll Levy Collection Act; or

  (d)   proceedings in relation to a matter arising under this Act or the Payroll Levy Collection Act are transferred to the Federal Circuit and Family Court of Australia (Division   2) from the Federal Court; or

  (e)   the High Court remits a matter arising under this Act or the Payroll Levy Collection Act to the Federal Circuit and Family Court of Australia (Division   2).



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