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FEDERAL SAFETY COMMISSIONER ACT 2022 - SECT 114

Exercising jurisdiction in the Fair Work Division of the Federal Court

  (1)   This section applies if:

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

  (b)   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

  (c)   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

  (d)   a prosecution is instituted in the Federal Court under this 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) or a court of a State or Territory in a matter arising under this Act; or

  (f)   proceedings in relation to a matter arising under this 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) or a court of a State or Territory states a case or reserves a question for the consideration of the Federal Court in a matter arising under this Act; or

  (h)   the High Court remits a matter arising under this Act to the Federal Court.

  (2)   The jurisdiction of the Federal Court is to be exercised in the Fair Work Division of the Federal Court.



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