Document ID: chunk:federal_register_of_legislation:C2023C00038:section:6:p2
Version: federal_register_of_legislation:C2023C00038
Segment Type: section
Provision Reference: s 6 (pt 2/2)
Character Range: 21530–23302

it thinks fit; and
 (b) may direct a party to the proceeding to give a notice in accordance with that subsection.
 (6) In considering whether there are special reasons for the purposes of subsection (3), the court must:
 (a) have regard to the general rule that special federal matters should be heard by the Federal Court or a court mentioned in paragraph (2)(b), whichever is appropriate in the particular case; and
 (b) take into account any submission made in relation to the proceeding by an Attorney‑General mentioned in subsection (4).
 (7) The Attorney‑General may authorise the payment by the Commonwealth to a party of an amount in respect of costs arising out of the adjournment of a proceeding under this section, under a corresponding provision of a law of a State or under this section and under such a provision.
 (8) Nothing in this section prevents the court granting urgent relief of an interlocutory nature if it is in the interests of justice to do so.
 (9) Where, through inadvertence, the Supreme Court of a State or Territory determines a proceeding of the kind mentioned in subsection (1) without:
 (a) the court making an order under subsection (3) that the proceeding be determined by that court; or
 (b) a notice mentioned in subsection (4) being given;
nothing in this section invalidates the decision of that court.
 (10) This section does not apply to an appeal that is instituted in the Full Court of the Supreme Court of a State or Territory if the court whose decision is the subject of the appeal had made an order under subsection (3), or under subsection 6(1) as in force before the commencement of the amendments of this Act made by the Law and Justice Legislation Amendment Act (No. 3) 1992, in relation to the special federal matter.