sec.288Additional jurisdiction for existing motor vehicle matters if proceeding not started

sec.288 Additional jurisdiction for existing motor vehicle matters if proceeding not started

This section applies to a motor vehicle matter arising before the commencement if— the tribunal did not have jurisdiction to hear and decide the matter immediately before the commencement; and the tribunal would have jurisdiction to hear and decide the matter if the matter had arisen after the commencement; and immediately before the commencement, a person could have started a proceeding before a court for the matter within a particular period (the prescribed period ); and on the commencement, the person has not started the proceeding. The tribunal has jurisdiction to deal with the matter under this Act. A proceeding for the matter may be started under this Act— within the prescribed period; and in the way the proceeding could be started if the matter had arisen after the commencement. If a proceeding for the matter is started under this Act, the tribunal must deal with the matter under this Act and has, and only has, functions under this Act or the relevant Act in relation to the matter. This section applies despite the Acts Interpretation Act 1954 , section 20 . s 288 ins 2019 No. 12 s 43 (sec.288-ssec.1) This section applies to a motor vehicle matter arising before the commencement if— the tribunal did not have jurisdiction to hear and decide the matter immediately before the commencement; and the tribunal would have jurisdiction to hear and decide the matter if the matter had arisen after the commencement; and immediately before the commencement, a person could have started a proceeding before a court for the matter within a particular period (the prescribed period ); and on the commencement, the person has not started the proceeding. (sec.288-ssec.2) The tribunal has jurisdiction to deal with the matter under this Act. (sec.288-ssec.3) A proceeding for the matter may be started under this Act— within the prescribed period; and in the way the proceeding could be started if the matter had arisen after the commencement. (sec.288-ssec.4) If a proceeding for the matter is started under this Act, the tribunal must deal with the matter under this Act and has, and only has, functions under this Act or the relevant Act in relation to the matter. (sec.288-ssec.5) This section applies despite the Acts Interpretation Act 1954 , section 20 .

• (a) the tribunal did not have jurisdiction to hear and decide the matter immediately before the commencement; and
• (b) the tribunal would have jurisdiction to hear and decide the matter if the matter had arisen after the commencement; and
• (c) immediately before the commencement, a person could have started a proceeding before a court for the matter within a particular period (the prescribed period ); and
• (d) on the commencement, the person has not started the proceeding.