sec.43Manner of proceedings under Act

### sec.43 Manner of proceedings under Act A prosecution in respect of an offence against this Act that consists in a contravention or failure to comply with a term of an industrial commission order by way of injunction is to be taken in the industrial court. A person aggrieved by a decision of the industrial court upon such a prosecution may appeal against the decision to the Court of Appeal. Except as prescribed by subsection (1) , a prosecution in respect of an offence against this Act is to be taken in a summary way in a court constituted by an industrial magistrate. The provisions of the Industrial Relations Act 2016 , and of the rules of court having force and effect under that Act, that govern— proceedings in the industrial court, the industrial commission or an Industrial Magistrates Court; representation of parties in such proceedings; the powers of the industrial court, industrial commission or an Industrial Magistrates Court in relation to such proceedings; appeals from decisions of the industrial commission or an Industrial Magistrates Court; entitlement of the Crown and the Minister to intervene in proceedings before the industrial court, the industrial commission, an Industrial Magistrates Court or the industrial registrar; apply, as far as may be (with any necessary adaptations), and subject to the provisions of this Act, in relation to the exercise of jurisdiction under this Act, and proceedings taken for that purpose, and decisions made therein. Jurisdiction is conferred on the industrial court, the industrial commission, and every industrial magistrate to hear and determine all proceedings duly brought before the court, commission or magistrate under this Act. s 43 amd 1994 No. 23 s 3 sch ; 1999 No. 33 s 747 sch 3 ; 2016 No. 63 s 1157 sch 6 (sec.43-ssec.1) A prosecution in respect of an offence against this Act that consists in a contravention or failure to comply with a term of an industrial commission order by way of injunction is to be taken in the industrial court. (sec.43-ssec.2) A person aggrieved by a decision of the industrial court upon such a prosecution may appeal against the decision to the Court of Appeal. (sec.43-ssec.3) Except as prescribed by subsection (1) , a prosecution in respect of an offence against this Act is to be taken in a summary way in a court constituted by an industrial magistrate. (sec.43-ssec.4) The provisions of the Industrial Relations Act 2016 , and of the rules of court having force and effect under that Act, that govern— proceedings in the industrial court, the industrial commission or an Industrial Magistrates Court; representation of parties in such proceedings; the powers of the industrial court, industrial commission or an Industrial Magistrates Court in relation to such proceedings; appeals from decisions of the industrial commission or an Industrial Magistrates Court; entitlement of the Crown and the Minister to intervene in proceedings before the industrial court, the industrial commission, an Industrial Magistrates Court or the industrial registrar; apply, as far as may be (with any necessary adaptations), and subject to the provisions of this Act, in relation to the exercise of jurisdiction under this Act, and proceedings taken for that purpose, and decisions made therein. (sec.43-ssec.5) Jurisdiction is conferred on the industrial court, the industrial commission, and every industrial magistrate to hear and determine all proceedings duly brought before the court, commission or magistrate under this Act. - (a) proceedings in the industrial court, the industrial commission or an Industrial Magistrates Court; - (b) representation of parties in such proceedings; - (c) the powers of the industrial court, industrial commission or an Industrial Magistrates Court in relation to such proceedings; - (d) appeals from decisions of the industrial commission or an Industrial Magistrates Court; - (e) entitlement of the Crown and the Minister to intervene in proceedings before the industrial court, the industrial commission, an Industrial Magistrates Court or the industrial registrar;