Document ID: chunk:federal_register_of_legislation:C2006A00151:clause:1_8
Version: federal_register_of_legislation:C2006A00151
Segment Type: clause
Provision Reference: sch 1 cl 8
Character Range: 3218–4334

8  Meaning of ineffective order

(1) A reference in this Part to an ineffective order is a reference to a purported order described in subitem (2). This subitem has effect subject to subitem (3) as it affects the meaning of a reference to an ineffective order in the context of a particular case.

(2) An order that a non‑judicial officer of a court of summary jurisdiction of a State has purported to make is an ineffective order if:
 (a) the officer purported to make the order before the commencement of this Part; and
 (b) the order was made in the purported exercise of the court's federal jurisdiction; and
 (c) paragraph 39(2)(d) of the Judiciary Act 1903 prohibited the exercise by the officer of the court's federal jurisdiction.

(3) If a court, or a non‑judicial officer of a court of summary jurisdiction of a State, has purported to affirm, vary, revoke, set aside, reverse, revive or suspend an ineffective order, a reference in this Part to the ineffective order is a reference to the order in the form in which, and to the extent to which, it purports or purported to have effect from time to time.