Document ID: chunk:federal_register_of_legislation:C2004A03232:body:0:p26
Version: federal_register_of_legislation:C2004A03232
Segment Type: other
Provision Reference: 
Character Range: 61411–63965

proceedings appears at the hearing of the application; or
    (b) the Registrar is satisfied that notice of the intention of the first-mentioned party to make the application has been served on the other party.
"(6) If the power referred to in paragraph (1) (j) is delegated under sub-section (1), a Registrar shall not exercise the power except in relation to costs of or in connection with an application heard by a Registrar.
"(7) The provisions of this Act, the regulations and the Rules of Court that relate to the exercise by the Court of a power that is, by virtue of a delegation under sub-section (1), exercisable by a Registrar apply in relation to an exercise of the power by a Registrar under the delegation as if references in those provisions to the Court or to a court exercising jurisdiction under this Act were references to a Registrar.
"(8) Notwithstanding any other provision of this Act and any provision of the Public Service Act 1922 or of any other law, a Registrar is not subject to the direction or control of any person or body in relation to the manner in which he or she exercises powers pursuant to a delegation under sub-section (1).
"(9) A party to proceedings in which a Registrar has exercised any of the powers of the Court pursuant to a delegation under sub-section (1) may, within the time prescribed by, or within such further time as is allowed in accordance with, Rules of Court made by the Judges or a majority of them for the purposes of this sub-section, apply to the Court to review that exercise of power.
"(10) The Court may, on application under sub-section (9) or of its own motion, review an exercise of power by a Registrar pursuant to a delegation under this section and may make such order or orders as it thinks fit with respect to the matter with respect to which the power was exercised.
"(11) Where—
    (a) an application for the exercise of a power delegated under sub-section (1) is to be, or is being, heard by a Registrar; and
    (b) the Registrar considers that it is not appropriate for the application to be determined by a Registrar acting under the delegation,
the Registrar shall not hear, or continue to hear, the application and shall make appropriate arrangements for the application to be heard by the Court.
"(12) Where—
    (a) a power delegated under sub-section (1) is proposed to be exercised in a particular case by a Registrar; but
    (b) the Registrar has not commenced to exercise the power in that case,
a Judge may, on application by a person who would be a party to the