Document ID: chunk:federal_register_of_legislation:C2005A00098:clause:1_29
Version: federal_register_of_legislation:C2005A00098
Segment Type: clause
Provision Reference: sch 1 cl 29
Character Range: 13357–14012

29  Subsection 46(1B)
Repeal the subsection, substitute:

 (1B) Subject to subsection (1C), if:
 (a) proceedings referred to in subsection (1) are instituted in a court of summary jurisdiction; and
 (b) the parties consent to the proceedings being heard and determined by that court;
a party is not entitled subsequently to object to the proceedings being so heard and determined.

 (1C) If the court subsequently gives leave to a party to object to the proceedings being so heard and determined, the court must transfer the proceedings to:
 (a) the Family Court; or
 (b) the Supreme Court of a State or Territory; or
 (c) the Federal Magistrates Court.