Document ID: chunk:federal_register_of_legislation:C2004A03029:body:0:p38
Version: federal_register_of_legislation:C2004A03029
Segment Type: other
Provision Reference: 
Character Range: 92442–95029

applying is that the Federal Court has jurisdiction; or
         (ii) in a case where sub-paragraph (c) (ii) applies—that the effect of prescribed circumstances so applying in relation to that State is that the Supreme Court of that State has jurisdiction,
      with respect to—
         (iii) an application under sub-section 32 (2) for an order of review in respect of the decision of the Authority; or
         (iv) an application under sub-section 32 (8) in relation to the claim to which the notice given by the person in accordance with sub-section 32 (8a) relates,
      as the case may be,
but failure of a notice to state as mentioned in paragraph (d) does not affect the validity of the notice.
"(3) A notice that is given by the Authority to a person and that states as mentioned in paragraph (2) (c) is prima facie evidence of the matter so stated.
"(4) Subject to sub-section (5), where prescribed circumstances apply, in relation to a particular State, in relation to—
     (a) a decision of the Authority under sub-section 32 (1); or
     (b) a notice given in accordance with sub-section 32 (8a),
section 32 has effect in relation to the decision, or in relation to the claim to which the notice relates, as the case may be, subject to the following modifications:
     (c) a reference in section 32 to the Federal Court shall be taken to be a reference to the Supreme Court of that State;
     (d) a reference in section 32 to the Registrar of the Federal Court shall be taken to be a reference to the proper officer of the Supreme Court of that State;
     (e) a reference in section 32 to a Registry of the Federal Court shall be taken to be a reference to a Registry of the Supreme Court of that State; and
     (f) the words 'made under the Federal Court of Australia Act 1976' shall be deemed to be omitted from paragraph 32 (12) (a).
"(5) Where an application is made to the Supreme Court of a State under section 32 as that section has effect by virtue of sub-section (4) of this section and it appears to that Court that it would be more appropriate for the application to be heard and determined by the Federal Court, the Supreme Court may transfer the application to the Federal Court and, upon an application being so transferred—
     (a) the modifications of section 32 mentioned in sub-section (4) of this section cease to have effect in relation to the application;
     (b) the Federal Court may hear and determine the application as if the application had been duly made to the Federal Court under section 32; and
     (c) if a document has been placed