Document ID: chunk:federal_register_of_legislation:C2004A01041:clause:1b_338
Version: federal_register_of_legislation:C2004A01041
Segment Type: clause
Provision Reference: sch 1B cl 338
Character Range: 417961–419156

338  Jurisdiction of Federal Court

 (1) The Federal Court has jurisdiction with respect to matters arising under this Schedule in relation to which:
 (a) applications may be made to it under this Schedule; or
 (b) actions may be brought in it under this Schedule; or
 (c) questions may be referred to it under this Schedule or the Workplace Relations Act; or
 (d) penalties may be sued for and recovered under this Schedule; or
 (e) prosecutions may be instituted for offences against this Schedule.

 (2) For the purposes of section 44 of the Judiciary Act 1903, the Federal Court is taken to have jurisdiction with respect to any matter in which a writ of mandamus or prohibition or an injunction is sought against an officer or officers of the Commonwealth holding office under the Workplace Relations Act and exercising powers or functions in relation to matters arising under this Schedule.

Note: Section 44 of the Judiciary Act 1903 gives the High Court of Australia power to remit a matter to a federal court that has jurisdiction with respect to that matter.

 (3) The Federal Court has jurisdiction with respect to matters remitted to it under section 44 of the Judiciary Act 1903.