Document ID: chunk:federal_register_of_legislation:C2012C00794:clause:5_85
Version: federal_register_of_legislation:C2012C00794
Segment Type: clause
Provision Reference: sch 5 cl 85
Character Range: 104005–104971

85  Application of item 38

(1) The amendment made by item 38 of this Schedule applies in relation to any matter in which a writ of mandamus or prohibition or an injunction is sought, on or after the WR Act repeal day, against an officer or officers of the Commonwealth in relation to a decision made (whether before or after that day) by the officer or officers in the capacity of a person who holds office under the Fair Work Act 2009.

(2) Despite the amendment made by item 38 of this Schedule, subsection 39B(2) of the Judiciary Act 1903, as in force immediately before the WR Act repeal day, continues to apply in relation to any matter in which a writ of mandamus or prohibition or an injunction is sought, on or after that day, against an officer or officers of the Commonwealth in relation to a decision made (whether before or after that day) by the officer or officers in the capacity of a person who holds office under the Workplace Relations Act 1996.