Commonwealth Numbered Acts

PERSONAL PROPERTY SECURITIES ACT 2009 (NO. 130, 2009) - SECT 210

Scope

             (1)  This Division applies if all the following conditions are satisfied:

                     (a)  a proceeding with respect to a PPS matter is pending, or has come, before a court (the transferring court ) on which jurisdiction is conferred under this Part in relation to the matter;

                     (b)  jurisdiction is also conferred on another court (the receiving court ) under this Part with respect to either of the following (the transfer matter ):

                              (i)  the entire proceeding;

                             (ii)  an application in the proceeding;

                     (c)  the receiving court has the power to grant the remedies sought before the transferring court in relation to the transfer matter.

Transfers to which other legislation applies

             (2)  This Division does not apply to a transfer between the courts mentioned in an item in the following table, except as provided by paragraph 211(2)(b):

Note 1:       Paragraph 211(2)(b) gives the Federal Magistrates Court the power to transfer a matter to the Federal Court with a recommendation that the Federal Court transfer the matter to a superior court other than the Federal Court.

Note 2:       Transfers mentioned in the table are covered by other legislation as follows:

(a)    for a transfer mentioned in item 1--section 32AB of the Federal Court of Australia Act 1976 ;

(b)    for a transfer mentioned in item 2--sections 33A to 33C of the Family Law Act 1975 ;

(c)    for a transfer mentioned in item 3--section 39 of the Federal Magistrates Act 1999 .