131Transfer to Magistrates Court of applications involving federal jurisdiction

131 Transfer to Magistrates Court of applications involving federal jurisdiction

[Section 131 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]

(1)  If a person has standing to make an application to the Tribunal in the exercise of its original jurisdiction under section 72 or its review jurisdiction under section 74 , the application may, if the Tribunal orders under subsection (2) that proceedings on the application are to be transferred to the Magistrates Court, be determined by the Magistrates Court in accordance with this Part instead of the Tribunal.

(2)  If, following an application made to the Tribunal in the manner and form required under this Act for the kind of application concerned, the Tribunal considers that –

(a) it does not have, or there is some doubt as to whether it has, jurisdiction to determine the application because its determination may involve the exercise of federal jurisdiction; and

(b) the Tribunal would otherwise have had jurisdiction enabling it to determine the application –

the Tribunal may order that proceedings on the application be transferred to the Magistrates Court.

(3)  Proceedings transferred to the Magistrates Court under subsection (2) are transferred proceedings.

(4)  If proceedings are transferred to the Magistrates Court under this Part –

(a) the application made to the Tribunal will be taken to be duly made as an application to the Court; and

(b) the proceedings may be continued and completed as if steps taken in the proceedings prior to the transfer had been taken in the Court.

(5)  The fee payable in respect of the application is the prescribed fee (if any) payable to the Tribunal under this Act.

(6)  A party to the transferred proceedings is not required to pay any fees in relation to the transfer of the proceedings to the Magistrates Court unless the Court determines that additional fees are payable under the Magistrates Court (Civil Division) Act 1992 because of a substantial alteration in the nature of the claims in the proceedings.