Registrars to act independently
- (1)
- Despite any other provision of this Act
and any provision of the Public Service Act 1922 or of any other law, a
Registrar is not subject to the direction or control of any person or body in
relation to the way in which he or she exercises powers under subsection
102(2) or under a delegation under subsection 103(1).
Review of the exercise of Registrars' powers
- (2)
- A party to proceedings in
which a Registrar has exercised any of the powers of the Federal Magistrates
Court under subsection 102(2) or under a delegation under subsection 103(1)
may:
- (a)
- within the time prescribed by the Rules of Court; or
- (b)
- within any further time allowed in accordance with the Rules of Court;
apply to the Federal Magistrates Court for review of that exercise of power.
- (3)
- The Federal Magistrates Court may, on application under subsection (2) or
on its own initiative, review an exercise of power by a Registrar under
subsection 102(2) or under a delegation under subsection 103(1), and may make
any order or orders it thinks fit in relation to the matter in respect of
which the power was exercised.
Referral to Court by Registrars
- (4)
- If an application for the exercise of a
power referred to in subsection 102(2) or under a delegation under
subsection 103(1) is to be, or is being, heard by a Registrar, and:
- (a)
- the Registrar considers that it is not appropriate for the application to
be determined by a Registrar acting under section 102 or under a delegation
under subsection 103(1); or
- (b)
- an application is made to the Registrar to arrange for the first-mentioned
application to be determined by a Federal Magistrate;
he or she must not hear, or continue to hear, the application and must make
appropriate arrangements for the application to be heard by a
Federal Magistrate.
Commonwealth Numbered Acts