Tasmanian Civil and Administrative Tribunal Act 2020
153Pending court proceedings in relation to relevant Board or Tribunal may be completed
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153 Pending court proceedings in relation to relevant Board or Tribunal may be completed
[Section 153 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]
(1) This section applies in relation to proceedings, in a court, on an appeal against, or for the review of, a decision of a relevant Board or Tribunal, if the proceedings –
(a) were instituted or commenced before the commencement day; and
(b) have not been finally determined before that day by the court.
(2) A court, in proceedings to which this section applies, may, on and from the commencement day, continue to deal with the proceedings until they are concluded.
(3) For the purposes of proceedings, in a court, referred to in subsection (2) –
(a) the court continues to have, and may perform and exercise, all the functions and powers that the court had in relation to the proceedings immediately before the commencement day; and
(b) the provisions of any Act or instrument of a legislative character that would have applied to or in respect of the proceedings, had this Act not commenced on the commencement day, continue to apply.
(4) Without limiting subsection (3) , if the powers of the court immediately before the commencement day included the power to remit the proceedings to be heard and determined again by a Board or Tribunal in existence immediately before the commencement day, the court may, in determining the proceedings –
(a) remit the proceedings to the Tribunal established by this Act; and
(b) make the other orders that it considers appropriate to facilitate the remitting of the proceedings to the Tribunal established by this Act.