(1)

This section does not apply to family law or child support proceedings.

Note: See section 97 of the Family Law Act 1975 .

Open court

(2)

The jurisdiction of the Federal Magistrates Court must be exercised in open court. However, this rule does not apply where, as authorised by this Act or another law of the Commonwealth, the jurisdiction of the Federal Magistrates Court is exercised by a Federal Magistrate sitting in Chambers.

Federal Magistrate sitting in Chambers

(3)

The jurisdiction of the Federal Magistrates Court may be exercised by a Federal Magistrate sitting in Chambers in:

(a)

a proceeding on an application relating to the conduct of a proceeding; and

(b)

a proceeding on an application for orders or directions as to any matter which, by this Act or any other law of the Commonwealth, is made subject to the direction of a Federal Magistrate sitting in Chambers; and

(c)

a proceeding on any other application authorised by the Rules of Court to be made to a Federal Magistrate sitting in Chambers.

(4)

The jurisdiction of the Federal Magistrates Court is to be exercised by a Federal Magistrate sitting in Chambers in a proceeding where:

(a)

under the Rules of Court, the Federal Magistrates Court is authorised to make a decision relating to the proceeding without an oral hearing; and

(b)

the parties to the proceeding have consented to the Federal Magistrates Court making a decision in relation to the proceeding without an oral hearing.

Proceeding in Chambers may be adjourned into court

(5)

A Federal Magistrate may order a proceeding in Chambers to be adjourned into court.

Proceeding in open court may be adjourned into Chambers

(6)

The Federal Magistrates Court may order a proceeding in open court to be adjourned into Chambers if, apart from this subsection, the jurisdiction of the Federal Magistrates Court may be exercised by a Federal Magistrate sitting in Chambers in that proceeding.

Closed court etc.

(7)

The Federal Magistrates Court may order the exclusion of the public or of persons specified by the Federal Magistrates Court from a sitting of the Federal Magistrates Court if the Federal Magistrates Court is satisfied that the presence of the public or of those persons, as the case may be, would be:

(a)

contrary to the interests of justice; or

(b)

prejudicial to the security of the Commonwealth.