Industrial Relations Act 1996 No 17
Current version for 3 November 2009 to date (accessed 26 November 2009 at 01:56)
Chapter 4Part 3Section 153

153   Jurisdiction of Commission in Court Session

(1)  The following functions of the Commission are to be exercised only by the Commission in Court Session:
(a)  proceedings for an offence taken before the Commission (including proceedings for contempt),
(b)  proceedings for declarations of right under section 154,
(c)  proceedings under Part 9 of Chapter 2 (Unfair contracts),
(d)  proceedings under section 139 (Contravention of dispute order),
(e)  proceedings under Parts 3, 4 and 5 of Chapter 5 (Registration and regulation of industrial organisations), other than Division 3 of Part 4 (Election of officers),
(f)  proceedings under Part 1 of Chapter 7 (Breach of industrial instruments),
(g)  proceedings for the recovery of money under Part 2 of Chapter 7 (other than small claims under section 380),
(h)  proceedings on a superannuation appeal under section 40 or 88 of the Superannuation Administration Act 1996,
(i)  proceedings on an appeal from a member of the Commission exercising the functions of the Commission in Court Session,
(j)  proceedings on an appeal or case stated from an Industrial Magistrate or any other court,
(k)  any other proceedings that are, by this Act or any other Act, required to be taken before the Commission in Court Session.
(2)  The functions referred to in subsection (1) (i) and (j) and functions relating to proceedings for the cancellation of the registration of industrial organisations, may be exercised only by a Full Bench of the Commission in Court Session.
(3)  Subject to subsection (4), the functions of the Commission relating to proceedings for contempt of the Commission may be exercised only by a Full Bench of the Commission in Court Session.
(4)  The functions of the Commission relating to the commencement of proceedings for contempt of the Commission may also be exercised by a judicial member.
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