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TRADING (ALLOWABLE HOURS) ACT 1990 - SECT 43
Manner of proceedings under Act
43 Manner of proceedings under Act
(1) A prosecution in respect of an offence against this Act that consists in a
contravention or failure to comply with a term of an industrial commission
order by way of injunction is to be taken in the industrial court.
(2) A
person aggrieved by a decision of the industrial court upon such a prosecution
may appeal against the decision to the Court of Appeal.
(3) Except as
prescribed by subsection (1) , a prosecution in respect of an offence against
this Act is to be taken in a summary way in a court constituted by an
industrial magistrate.
(4) The provisions of the
Industrial Relations Act 2016 , and of the rules of court having force and
effect under that Act, that govern— (a) proceedings in the industrial court,
the industrial commission or an Industrial Magistrates Court;
(b)
representation of parties in such proceedings;
(c) the powers of the
industrial court, industrial commission or an Industrial Magistrates Court in
relation to such proceedings;
(d) appeals from decisions of the industrial
commission or an Industrial Magistrates Court;
(e) entitlement of the Crown
and the Minister to intervene in proceedings before the industrial court, the
industrial commission, an Industrial Magistrates Court or the industrial
registrar;
apply, as far as may be (with any necessary adaptations), and
subject to the provisions of this Act, in relation to the exercise of
jurisdiction under this Act, and proceedings taken for that purpose, and
decisions made therein.
(5) Jurisdiction is conferred on the industrial
court, the industrial commission, and every industrial magistrate to hear and
determine all proceedings duly brought before the court, commission or
magistrate under this Act.
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