Document ID: chunk:federal_register_of_legislation:C2004A00583:clause:3_44aa:p1
Version: federal_register_of_legislation:C2004A00583
Segment Type: clause
Provision Reference: sch 3 cl 44AA (pt 1/2)
Character Range: 6074–8756

44AA  Transfer of appeals from Federal Court to Federal Magistrates Court

 (1) If an appeal under subsection 44(1) or (2) is pending in the Federal Court of Australia, the Federal Court of Australia may, by order, transfer the appeal from the Federal Court of Australia to the Federal Magistrates Court.

 (2) However, the Federal Court of Australia must not transfer an appeal to the Federal Magistrates Court if the appeal:
 (a) relates to a decision given by the Tribunal constituted by a member who was, or by members at least one of whom was, a presidential member; or
 (b) relates to a decision given by the Tribunal on application for review of a decision under:
 (i) the Australian Citizenship Act 1948; or
 (ii) the Immigration (Guardianship of Children) Act 1946; or
 (iii) the Migration Act 1958; or
 (iv) regulations under an Act referred to in subparagraph (i), (ii) or (iii); or
 (c) is of a kind specified in the regulations.

 (3) The Federal Court of Australia may transfer an appeal under subsection (1):
 (a) on the application of a party to the appeal; or
 (b) on its own initiative.

 (4) Rules of Court made under the Federal Court of Australia Act 1976 may make provision in relation to transfers of appeals to the Federal Magistrates Court under subsection (1).

 (5) In particular, Rules of Court made under the Federal Court of Australia Act 1976 may set out factors that are to be taken into account by the Federal Court of Australia in deciding whether to transfer appeals to the Federal Magistrates Court under subsection (1).

 (6) Before Rules of Court are made for the purposes of subsection (4) or (5), the Federal Court of Australia must consult the Federal Magistrates Court.

 (7) In deciding whether to transfer an appeal to the Federal Magistrates Court under subsection (1), the Federal Court of Australia must have regard to:
 (a) any Rules of Court made for the purposes of subsection (5); and
 (b) whether proceedings in respect of an associated matter are pending in the Federal Magistrates Court; and
 (c) whether the resources of the Federal Magistrates Court are sufficient to hear and determine the appeal; and
 (d) the interests of the administration of justice.

 (8) The Federal Magistrates Court has jurisdiction to hear and determine appeals transferred to it under subsection (1).

 (9) Subsections 44(4), (5) and (6) apply in relation to the hearing and determination of an appeal transferred to the Federal Magistrates Court under subsection (1) of this section in a corresponding way to the way in which they apply to the hearing and determination of an appeal by the Federal Court of Australia.

 (10) An appeal does not lie