Australian Capital Territory Current Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 78

    (1)     This section applies if—

        (a)     an application (the original application ) is made to the ACAT under—

              (i)     this Act; or

              (ii)     the standard residential tenancy terms; or

              (iii)     the occupancy principles; and

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act

, s 104).

        (b)     the parties to the proceeding agree to the ACAT exercising extended jurisdiction under this section.

    (2)     The ACAT has jurisdiction ( extended jurisdiction ) to hear and decide any matter that—

        (a)     arises out of, or is ancillary to, the dispute that gave rise to the original application; and

        (b)     the Magistrates Court has jurisdiction to hear and decide under the Magistrates Court Act 1930

, part 4.2 (Civil jurisdiction).

    (3)     If the ACAT is exercising extended jurisdiction, the ACAT has the same jurisdiction and powers as the Magistrates Court has under the Magistrates Court Act 1930

, part 4.2 (Civil jurisdiction).

Note     The Magistrates Court has jurisdiction to hear and decide any personal action at law if the amount claimed is not more than $250 000 (see Magistrates Court Act 1930

, s 257).

    (4)     However, a provision of the Magistrates Court Act 1930

, part 4.2 prescribed by a rule under the ACT Civil and Administrative Tribunal Act 2008

, section 22 (2) does not apply in relation to the ACAT when exercising extended jurisdiction.