Document ID: chunk:federal_register_of_legislation:F2023C00085:reg:119:p1
Version: federal_register_of_legislation:F2023C00085
Segment Type: reg
Provision Reference: reg 119 (pt 1/23)
Character Range: 168245–170962

119                                                                                          Subsection 179R(3)                                                                                                            To determine the amount of enforcement expenses that may be recovered by a lessor

 (2) The powers of the Court mentioned in items 14 and 17 of Table 21.1 may only be exercised by an approved Registrar only when dealing with a claim mentioned in section 548 of the Fair Work Act 2009.
 (3) The powers of the Court mentioned in items 91 and 94 to 119 of Table 21.1 may only be exercised by an approved Registrar only when dealing with an application for an order mentioned in subsection 199(2) of the National Consumer Credit Protection Act 2009.
Note: If a power of the Court is delegated to a Registrar under this rule:
(a) the Registrar has, in exercising the power, the same protection and immunity as a Judge has in performing the functions of a Judge (see section 257 of the Act); and
(b) a party, legal practitioner or witness appearing before a Registrar on the hearing of any application or matter, or on the conducting of any conference or enquiry, has the same protection and immunity as if appearing in a proceeding in the Court (see subsection 254(4) of the Act).

Division 21.2—Review of exercise of Registrars' powers

21.02  Time for application for review
 (1) For the purposes of subsection 256(1) of the Act, an application for review of the exercise of a power by a Registrar must be made within 7 days.
 (2) The time prescribed by subrule (1) may be extended in a proceeding:
 (a) by the Court or a Registrar on any terms that the Court or Registrar thinks fit; or
 (b) with the consent of the parties to the proceeding.

21.03  Application for review
 (1) An application for review of an exercise of power by a Registrar must be in accordance with the approved form.
 (2) An application must be listed for a hearing as soon as possible and, unless it is impractical to do so, within 14 days after the date of filing.
 (3) The applicant must serve a sealed copy of the application on each other party to the proceeding within 7 days after it is filed.
 (4) Unless the Court or a Registrar otherwise orders, the application does not operate as a stay of the exercise of the power under review.

21.04  Procedure for review
 (1) The review of an exercise of power by a Registrar must proceed by way of a hearing de novo.
 (2) In the review, the Court:
 (a) may receive as evidence any affidavit or exhibit tendered before the Registrar; and
 (b) may with leave receive further evidence; and
 (c) may receive as evidence:
 (i) any transcript of the proceeding before the Registrar;