132Magistrates Court proceedings, jurisdiction, powers and functions, &c.

132 Magistrates Court proceedings, jurisdiction, powers and functions, &c.

[Section 132 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]

(1)  Transferred proceedings are taken to have been commenced in the Magistrates Court on the day on which the application to which the proceedings relate was first made to the Tribunal.

(2)  Subsection (1) applies despite any limitation period under the Limitation Act 1974 or any relevant Act that applies to the application concerned, if the application was made to the Tribunal before the expiry of the period.

(3)  The Magistrates Court has, and may exercise, all of the jurisdiction, powers and functions in relation to the transferred proceedings that the Tribunal would have if it could exercise federal jurisdiction, including jurisdiction, powers and functions conferred or imposed on the Tribunal by or under this Act or a relevant Act.

(4)  The practices and procedures that apply to the Tribunal under this Act (including the Tribunal rules) or a relevant Act will apply to the Magistrates Court in respect of the transferred proceedings unless, and to such extent as, the Court determines otherwise.

(5)  The Magistrates Court may make the orders, including in relation to the Tribunal, that it considers appropriate to facilitate its determination of the transferred proceedings.