16Operation of this Subdivision

16 Operation of this Subdivision

(1) This Subdivision makes provision in relation to the following matters in respect of a Commonwealth tenancy dispute involving land in the Jervis Bay Territory: (a) the rights of the parties to the dispute; (b) the law to be applied in determining the dispute; (c) the powers that the Federal Circuit and Family Court of Australia (Division 2) may exercise under that law; (d) the powers that may be exercised when executing an order made by the Court. (2) This Subdivision does not apply in relation to a Commonwealth tenancy dispute involving land in the Jervis Bay Territory unless: (a) disregarding the effect of this instrument, the ACT Residential Tenancies Act does not apply in relation to the relevant lease, licence or other arrangement; but (b) if that Act did apply, the lease, licence or other arrangement would involve a residential tenancy agreement within the meaning of that Act. (3) Nothing in this Subdivision has effect so as to confer non‑judicial power on the Federal Circuit and Family Court of Australia (Division 2), unless the non‑judicial power is incidental to the exercise of judicial power by the Court.