Commonwealth Consolidated Acts

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WORK HEALTH AND SAFETY ACT 2011 - SECT 273A

Conferral of jurisdiction

  (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 Circuit and Family Court of Australia (Division   2);

  (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 Circuit and Family Court of Australia (Division   2) 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 Circuit and Family Court of Australia (Division   2); or

  (g)   the Federal Circuit and Family Court of Australia (Division   2) 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 Circuit and Family Court of Australia (Division   2) in subsection   (1) is to be exercised in the Fair Work Division of the Court if:

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

  (b)   an injunction is sought under section   140 of the Federal Circuit and Family Court of Australia Act 2021 in relation to a matter arising under this Act; or

  (c)   a declaration is sought under section   141 of the Federal Circuit and Family Court of Australia Act 2021 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 Circuit and Family Court of Australia (Division   2) from the Federal Court; or

  (e)   the High Court remits a matter arising under this Act to the Federal Circuit and Family Court of Australia (Division   2).


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