Commonwealth Numbered Acts

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MARRIAGE LAW SURVEY (ADDITIONAL SAFEGUARDS) ACT 2017 (NO. 96, 2017) - SECT 22

Notice to Attorney-General in relation to injunction proceedings

             (1)  If an application is made under section 21 by a notifying entity, or a member, agent or officer of a notifying entity, it is the duty of the Federal Court not to continue the proceedings unless and until the Federal Court is satisfied that:

                     (a)  notice of the proceedings has been given to the Attorney-General, specifying the nature of the proceedings; and

                     (b)  a reasonable time has elapsed since the notice was given to the Attorney-General of the question of intervening in the proceedings.

             (2)  The Federal Court:

                     (a)  may adjourn any proceedings under section 21 for any time as it thinks necessary and may make any order as to costs in relation to such an adjournment as it thinks fit; and

                     (b)  may direct a party to give notice in accordance with subsection (1) of this section; and

                     (c)  may continue to hear evidence and argument concerning matters severable from the application under section 21.

             (3)  A notice in relation to proceedings:

                     (a)  is taken to have been given to the Attorney-General if steps have been taken that, in the opinion of the Federal Court, could reasonably be expected to cause the matters to be notified to be brought to the attention of the Attorney-General; and

                     (b)  is not required to be given to the Attorney-General if he or she or the Electoral Commissioner is a party to the proceedings.

             (4)  The Attorney-General may authorise the payment by the Commonwealth to a party of an amount in respect of costs arising out of the adjournment of proceedings because of this section.

             (5)  Nothing in subsection (1) prevents the Federal Court from proceeding without delay to hear and determine proceedings, so far as they relate to the grant of urgent relief of an interlocutory nature, if the Federal Court thinks it necessary in the interests of justice to do so.



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