Document ID: chunk:federal_register_of_legislation:C2004A00583:clause:11_33c
Version: federal_register_of_legislation:C2004A00583
Segment Type: clause
Provision Reference: sch 11 cl 33C
Character Range: 47157–48754

33C  Mandatory transfer of proceedings to the Federal Magistrates Court

 (1) If a proceeding of a kind specified in regulations made for the purposes of this subsection is pending in the Family Court, the Family Court must, before going on to hear and determine the proceeding, transfer the proceeding to the Federal Magistrates Court.

 (2) If a proceeding is transferred under subsection (1), the Family Court may make such orders as it considers necessary pending the disposal of the proceedings by the Federal Magistrates Court.

 (3) An appeal does not lie from a decision of the Family Court in relation to the transfer of a proceeding under subsection (1).

 (4) The reference in subsection (1) to a proceeding pending in the Family Court includes a reference to a proceeding that was instituted in contravention of section 33A.

 (5) The Minister must cause a copy of regulations (transfer regulations) made for the purposes of subsection (1) to be tabled in each House of the Parliament.

 (6) Either House may, following a motion upon notice, pass a resolution disallowing the transfer regulations. To be effective, the resolution must be passed within 15 sittings days of the House after the copy of the transfer regulations was tabled in the House.

 (7) If neither House passes such a resolution, the transfer regulations take effect on the day immediately after the last day upon which such a resolution could have been passed.

 (8) Subsections (5), (6) and (7) have effect despite anything in:
 (a) the Acts Interpretation Act 1901; or
 (b) the Legislative Instruments Act 1999.