Commonwealth Numbered Acts

WORK HEALTH AND SAFETY ACT 2011 (NO. 137, 2011) - SECT 273A

             (1)  Jurisdiction is conferred on the following courts in relation to any civil matter arising under this Act:

                     (a)  the Federal Court of Australia (the Federal Court );

                     (b)  the Federal Magistrates Court;

                     (c)  the Supreme Court of a State or of the Australian Capital Territory or the Northern Territory;

                     (d)  a court of a State or Territory prescribed by the regulations for the purposes of this section.

             (2)  The jurisdiction conferred on the Federal Court in subsection (1) is to be exercised in the Fair Work Division of the Federal Court if:

                     (a)  an application is made to the Federal Court under this Act; or

                     (b)  a writ of mandamus or prohibition or an injunction is sought in the Federal Court against the regulator, the authorising authority or an inspector; or

                     (c)  a declaration is sought under section 21 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or

                     (d)  an injunction is sought under section 23 of the Federal Court of Australia Act 1976 in relation to a matter arising under this Act; or

                     (e)  an appeal is instituted in the Federal Court from a judgment of the Federal Magistrates Court or a court of a State in a matter arising under this Act; or

                      (f)  proceedings in relation to a matter arising under this Act are transferred to the Federal Court from the Federal Magistrates Court; or

                     (g)  the Federal Magistrates Court or a court of a State states a case or reserves a question for the consideration of the Federal Court in a matter arising under this Act; or

                     (h)  the High Court remits a matter arising under this Act to the Federal Court.

             (3)  The jurisdiction conferred on the Federal Magistrates Court in subsection (1) is to be exercised in the Fair Work Division of the Federal Magistrates Court if:

                     (a)  an application is made to the Federal Magistrates Court under this Act; or

                     (b)  an injunction is sought under section 15 of the Federal Magistrates Act 1999 in relation to a matter arising under this Act; or

                     (c)  a declaration is sought under section 16 of the Federal Magistrates Act 1999 in relation to a matter arising under this Act; or

                     (d)  proceedings in relation to a matter arising under this Act are transferred to the Federal Magistrates Court from the Federal Court; or

                     (e)  the High Court remits a matter arising under this Act to the Federal Magistrates Court.