Document ID: chunk:federal_register_of_legislation:C2024C00723:section:39
Version: federal_register_of_legislation:C2024C00723
Segment Type: section
Provision Reference: s 39
Character Range: 74006–75556

39  Appeals relating to court security orders
 (1) This section deals with the application of this Subdivision in relation to the making, variation or revocation of a court security order under Part 4 of the Court Security Act 2013 by a member (as defined in that Act) of:
 (a) the Federal Circuit and Family Court of Australia; or
 (b) the Family Court of Western Australia.
 (2) This Subdivision applies as if the making, variation or revocation were a judgment of the member's court in the exercise of original jurisdiction under the Family Law Act 1975.
Note: As a result, an appeal from the making, variation or revocation lies under subsection 26(1).
 (3) However, if the member is a member of the Family Court of Western Australia because the member is a Family Law Magistrate of Western Australia, this Subdivision applies as if:
 (a) the making, variation or revocation were a judgment of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia exercising original jurisdiction under the Family Law Act 1975; and
 (b) proceedings for the making, variation or revocation were proceedings in the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.
Note: As a result, an appeal from the making, variation or revocation by the member lies under subsection 26(1) and, generally, the jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) in relation to the appeal is to be exercised by a single Judge: see paragraph 32(1)(a).