Document ID: chunk:federal_register_of_legislation:C2022C00331:clause:17_13
Version: federal_register_of_legislation:C2022C00331
Segment Type: clause
Provision Reference: sch 17 cl 13
Character Range: 567145–568589

13  After subsection 12(3)
Insert:

Exercise of powers of General and Fair Work Divisions of the Federal Magistrates Court
 (3A) A Federal Magistrate who is assigned to a Division of the Federal Magistrates Court must exercise, or participate in exercising, the powers of the Federal Magistrates Court only in that Division, except as set out in subsection (3B).
 (3B) The Chief Federal Magistrate may arrange for a Federal Magistrate who is assigned to a particular Division of the Federal Magistrates Court to exercise, or participate in exercising, the powers of the Federal Magistrates Court in the other Division if the Chief Federal Magistrate considers that circumstances make it desirable to do so.
 (3C) To avoid doubt, a Federal Magistrate who is not assigned to either Division of the Federal Magistrates Court may exercise, or participate in exercising, the powers of the Federal Magistrates Court in either Division.
 (3D) Subsection (3A) does not affect the validity of any exercise of powers by the Federal Magistrates Court otherwise than in accordance with that subsection.
Note 1: The following heading to subsection 12(1) is inserted "Responsibility of Chief Federal Magistrate".
Note 2: The following heading to subsection 12(4) is inserted "Assignment of Federal Magistrates to locations or registries".
Note 3: The following heading to subsection 12(7) is inserted "Functions and powers of the Chief Federal Magistrate".