Federal Courts (Consequential Amendments) Act 2001 (Qld)

Federal Courts (Consequential Amendments) Act 2001—Act No. 27 of 2001

Queensland FEDERAL COURTS (CONSEQUENTIAL AMENDMENTS) ACT 2001 Act No. 27 of 2001

Queensland FEDERAL COURTS (CONSEQUENTIAL AMENDMENTS) ACT 2001 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART 2—AMENDMENT OF AGRICULTURAL AND VETERINARY CHEMICALS (QUEENSLAND) ACT 1994 2 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Amendment of s 3 (Deﬁnitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Amendment of s 8 (Ancillary offences (aiding, abetting, accessories, attempts, incitement or conspiracy)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5 Amendment of s 16 (Application of Commonwealth administrative laws in relation to applicable provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 Insertion of new s 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 19 Construction of references to pt IVA of AAT Act (Cwlth) . . . . . . . . 7 7 Omission of pt 6 (Jurisdiction of courts). . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PART 3—AMENDMENT OF COMPETITION POLICY REFORM (QUEENSLAND) ACT 1996 8 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Omission of pt 5, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 Amendment of s 29 (Deﬁnition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 11 Insertion of new s 33A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 33A Construction of references to part IVA of AAT Act (Cwlth) . . . . . . . 8 PART 4—AMENDMENT OF CORPORATIONS (QUEENSLAND) ACT 1990 12 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 13 Amendment of s 3 (Deﬁnitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 14 Insertion of new s 36A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2 Federal Courts (Consequential Amendments) Act 2001 36A Construction of references to part IVA of Commonwealth AAT Act 9 15 Amendment of s 40 (Operation of division) . . . . . . . . . . . . . . . . . . . . . . . . . 10 16 Amendment of s 41 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 17 Amendment of s 42 (Jurisdiction of Federal Court and State and Territory Supreme Courts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 18 Amendment of s 42A (Jurisdiction of Family Court and State Family Courts) 11 19 Insertion of new s 42AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 42AA Jurisdiction of Supreme Court in relation to certain decisions made by Commonwealth ofﬁcers . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 20 Amendment of s 42B (Jurisdiction of lower courts) . . . . . . . . . . . . . . . . . . . 13 21 Amendment of s 43 (Appeals). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 22 Amendment of s 44 (Transfer of proceedings by the Federal Court and State and Territory Supreme Courts). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 23 Amendment of s 44A (Transfer of proceedings by Family Court and State Family Courts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 24 Amendment of s 44AA (Transfer of proceedings in lower courts) . . . . . . . . 16 25 Amendment of s 45 (Conduct of proceedings) . . . . . . . . . . . . . . . . . . . . . . . 16 26 Amendment of s 46 (Courts to act in aid of each other) . . . . . . . . . . . . . . . . 17 27 Amendment of s 50 (Enforcement of judgments etc.) . . . . . . . . . . . . . . . . . 17 28 Omission of s 52 (Rules of the Federal Court) . . . . . . . . . . . . . . . . . . . . . . . 17 29 Amendment of s 52A (Rules of the Family Court or State Family Court) . . 17 30 Amendment of s 54 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 31 Insertion of new s 96E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 96E Application of section 42AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 PART 5—AMENDMENT OF GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 32 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 33 Amendment of s 11 (Interpretation of some expressions in the Gas Pipelines Access (Queensland) Law and the Gas Pipelines Access (Queensland) Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 34 Omission of pt 3, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 35 Omission of pt 3, divs 2 and 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 36 Amendment of s 55 (Actions in relation to cross-boundary pipelines). . . . . 19

3 Federal Courts (Consequential Amendments) Act 2001 PART 6—AMENDMENT OF JURISDICTION OF COURTS (CROSS-VESTING) ACT 1987 37 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 38 Amendment of s 3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 39 Amendment of s 4 (Vesting of additional jurisdiction in certain courts) . . . 20 40 Amendment of s 5 (Transfer of proceedings) . . . . . . . . . . . . . . . . . . . . . . . . 21 41 Amendment of s 6 (Special federal matters) . . . . . . . . . . . . . . . . . . . . . . . . . 22 42 Insertion of new s 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 6A Special federal matters—Commonwealth authorities or ofﬁcers acting under the laws of States. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 43 Amendment of s 10 (Transfer of matters arising under Part V, Division 1 or 1A of the Trade Practices Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 44 Amendment of s 11 (Conduct of proceedings) . . . . . . . . . . . . . . . . . . . . . . . 25 45 Amendment of s 14 (Enforcement and effect of judgments) . . . . . . . . . . . . 25 PART 7—AMENDMENT OF NATIONAL CRIME AUTHORITY (STATE PROVISIONS) ACT 1985 46 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 47 Amendment of s 12 (Search warrants) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 48 Amendment of s 20 (Warrant for arrest of witness) . . . . . . . . . . . . . . . . . . . 26 49 Amendment of s 21 (Applications to Federal Court of Australia) . . . . . . . . 26 50 Omission of s 22 (Applications to Supreme Court of Queensland) . . . . . . . 27 PART 8—AMENDMENT OF NEW TAX SYSTEM PRICE EXPLOITATION CODE (QUEENSLAND) ACT 1999 51 Act amended in pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 52 Amendment of s 26 (Deﬁnition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 53 Amendment of s 27 (Application of Commonwealth administrative laws to New Tax System Price Exploitation Code of this jurisdiction). . . . . . . . . 28 54 Amendment of s 28 (Application of Commonwealth administrative laws to New Tax System Price Exploitation Codes of other jurisdictions) . . . . . . 28 55 Insertion of new s 30A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 30A Construction of references to part IVA of AAT Act (Cwlth) . . . . . . . 28

Queensland Federal Courts (Consequential Amendments) Act 2001 Act No. 27 of 2001 An Act to make further amendments consequential on the matters dealt with by the Federal Courts (State Jurisdiction) Act 1999 or by Commonwealth legislation relating to federal courts and tribunals [Assented to 25 May 2001]

s1 6 s3 Federal Courts (Consequential Amendments) Act 2001 No. 27, 2001 The Parliament of Queensland enacts— PART 1—PRELIMINARY 1 Short title This Act may be cited as the Federal Courts (Consequential Amendments) Act 2001 . PART 2—AMENDMENT OF AGRICULTURAL AND VETERINARY CHEMICALS (QUEENSLAND) ACT 1994 2 Act amended in pt 2 This part amends the AgriculturalandVeterinaryChemicals(Queensland) Act 1994 . 3 Amendment of s 3 (Deﬁnitions) (1) Section 3, definition “Commonwealth administrative laws” , paragraph (a)(i), after ‘ 1975 ’— insert — ‘, excluding part IVA’. (2) Section 3, definition “Commonwealth administrative laws” , paragraph (a)(ii)— omit . (3) Section 3, definition “Commonwealth administrative laws” , paragraphs (a)(iii) to (v)— renumber as paragraphs (a)(ii) to (iv).

s4 7 s8 Federal Courts (Consequential Amendments) Act 2001 No. 27, 2001 4 Amendment of s 8 (Ancillary offences (aiding, abetting, accessories, attempts, incitement or conspiracy)) Section 8(1), deﬁnition “Commonwealth ancillary criminal laws” , paragraph (b), from ‘because’— omit . 5 Amendment of s 16 (Application of Commonwealth administrative laws in relation to applicable provisions) Section 16(2), from ‘or the’ to ‘section 13,’— omit . 6 Insertion of new s 19 Part 5— insert — ‘19 Construction of references to pt IVA of AAT Act (Cwlth) ‘For the purposes of section 16, a reference in a provision of the Administrative Appeals Tribunal Act 1975 (Cwlth), as the provision applies as a law of this jurisdiction, to the whole or any part of part IVA of that Act is taken to be a reference to the whole or any part of that part as it has effect as a law of the Commonwealth.’. 7 Omission of pt 6 (Jurisdiction of courts) Part 6— omit . PART 3—AMENDMENT OF COMPETITION POLICY REFORM (QUEENSLAND) ACT 1996 8 Act amended in pt 3 This part amends the CompetitionPolicyReform(Queensland)Act1996 .

s 9 8 s 11 Federal Courts (Consequential Amendments) Act 2001 No. 27, 2001 9 Omission of pt 5, div 3 Part 5, division 3— omit . 10 Amendment of s 29 (Deﬁnition) (1) Section 29, definition “Commonwealth administrative laws” , paragraph (a)(i), after ‘(Cwlth)’— insert — ‘, excluding part IVA’. (2) Section 29, definition “Commonwealth administrative laws” , paragraph (a)(ii)— omit . (3) Section 29, definition “Commonwealth administrative laws” , paragraph (a)(iii) to (v)— renumber as paragraph (a)(ii) to (iv). 11 Insertion of new s 33A Part 5— insert — ‘33A Construction of references to part IVA of AAT Act (Cwlth) ‘For the purposes of sections 30 and 31, a reference in a provision of the Administrative Appeals Tribunal Act 1975 (Cwlth), as that provision applies as a law of this jurisdiction, to the whole or any part of part IVA of that Act is taken to be a reference to the whole or any part of that part as it has effect as a law of the Commonwealth.’.

s 12 9 s 14 Federal Courts (Consequential Amendments) Act 2001 No. 27, 2001 PART 4—AMENDMENT OF CORPORATIONS (QUEENSLAND) ACT 1990 12 Act amended in pt 4 This part amends the Corporations (Queensland) Act 1990 . 13 Amendment of s 3 (Deﬁnitions) (1) Section 3(1), definition “Family Court” — omit . (2) Section 3(1)— insert — ‘ “Commonwealth authority” means an authority or body (whether incorporated or not) that is established or continued in existence by or under an Act of the Commonwealth. “ofﬁcer of the Commonwealth” has the same meaning as in section 75(v) of the Constitution of the Commonwealth.’. (3) Section 3(1), definition “Commonwealth administrative laws” , paragraphs (a) and (b)— omit, insert — ‘(a) the Administrative Appeals Tribunal Act 1975 (Cwlth), excluding part IVA;’. (4) Section 3(1), definition “Commonwealth administrative laws” , paragraphs (c) to (e)— renumber as paragraphs (b) to (d). 14 Insertion of new s 36A After section 36— insert — ‘36A Construction of references to part IVA of Commonwealth AAT Act ‘For the purposes of sections 35 and 36, a reference in a provision of the Administrative Appeals Tribunal Act 1975 (Cwlth) (as that provision

s 15 10 s 17 Federal Courts (Consequential Amendments) Act 2001 No. 27, 2001 applies as a law of this jurisdiction) to the whole or any part of part IVA of that Act is taken to be a reference to the whole or any part of that part as it has effect as a law of the Commonwealth.’. 15 Amendment of s 40 (Operation of division) Section 40(1)— insert — ‘(c) the jurisdiction of courts in respect of matters arising under the Administrative Decisions (Judicial Review) Act 1977 (Cwlth) involving or related to decisions made under the CorporationsLaw of a State or the Capital Territory by Commonwealth authorities and ofﬁcers of the Commonwealth; and (d) the jurisdiction of courts in civil matters in respect of decisions made by ofﬁcers of the Commonwealth to prosecute persons for offences against the Corporations Law of a State or the Capital Territory and related criminal justice process decisions;’. 16 Amendment of s 41 (Interpretation) (1) Section 41(1), definition “superior court” — omit . (2) Section 41(1)— insert — ‘ “superior court” means the Supreme Court of a State or Territory or a State Family Court.’. (3) Section 41(2)(a)(viii)— omit . (4) Section 41(2)(a)(ix)— renumber as section 41(2)(a)(viii). 17 Amendment of s 42 (Jurisdiction of Federal Court and State and Territory Supreme Courts) (1) Section 42, heading, ‘ Federal Court and ’— omit .

s 18 11 s 18 Federal Courts (Consequential Amendments) Act 2001 No. 27, 2001 (2) Section 42(1), ‘as it applies as a law of Queensland,’— omit . (3) Section 42— insert — ‘ (1A) Despite section 9 of the Administrative Decisions (Judicial Review) Act 1977 (Cwlth), jurisdiction is conferred on the Supreme Court of Queensland and of each other State and the Capital Territory with respect to matters arising under that Act involving or related to decisions made, or proposed to be made, under the Corporations Law of a State or the Capital Territory by a Commonwealth authority or an ofﬁcer of the Commonwealth. ‘ (1B) Subsection (1A) applies to a decision made, or proposed or required to be made— (a) whether or not in the exercise of a discretion; and (b) whether before or after the commencement of this subsection.’. (4) Section 42(2), after ‘subsection (1)’— insert — ‘or (1A)’. (5) Section 42(3)— omit, insert — ‘ (3) This section has effect subject to section 42AA.’. 18 Amendment of s 42A (Jurisdiction of Family Court and State Family Courts) (1) Section 42A, heading, ‘ Family Court and ’— omit . (2) Section 42A(1)— omit . (3) Section 42A(2), ‘as it applies as a law of Queensland,’— omit . (4) Section 42A—

s 19 12 s 19 Federal Courts (Consequential Amendments) Act 2001 No. 27, 2001 insert — ‘ (4) This section has effect subject to section 42AA.’. 19 Insertion of new s 42AA After section 42A— insert — ‘42AA Jurisdiction of Supreme Court in relation to certain decisions made by Commonwealth ofﬁcers ‘ (1) If a decision to prosecute a person for an offence against the Corporations Law of Queensland has been made by an ofﬁcer or ofﬁcers of the Commonwealth and the prosecution is proposed to be commenced in a court of Queensland, jurisdiction is conferred on the Supreme Court with respect to any matter in which a person seeks a prerogative order or an injunction against the ofﬁcer or ofﬁcers in relation to that decision. ‘ (2) At any time when— (a) a prosecution for an offence against the CorporationsLaw of Queensland is before a court of Queensland; or (b) an appeal arising out of such a prosecution is before a court of Queensland; jurisdiction is conferred on the Supreme Court with respect to any matter in which the person who is or was the defendant in the prosecution seeks a prerogative order or an injunction against an ofﬁcer or ofﬁcers of the Commonwealth in relation to a related criminal justice process decision. ‘ (3) Subsections (1) and (2) have effect despite anything in this Act or in any other law. ‘ (4) In this section— “appeal” includes an application for a new trial and a proceeding to review or call in question the proceedings, decision or jurisdiction of a court or judge. “prerogative order” means an order the relief or remedy under which is in the nature of, and to the same effect as, a writ of mandamus or prohibition. “related criminal justice process decision” , in relation to an offence, means a decision, other than a decision to prosecute, made in the criminal justice process in relation to the offence, including—

s 20 13 s 22 Federal Courts (Consequential Amendments) Act 2001 No. 27, 2001 (a) a decision in connection with the investigation, committal for trial or prosecution of the defendant; and (b) a decision in connection with the appointment of investigators or inspectors for the purposes of such an investigation; and (c) a decision in connection with the issue of a warrant, including a search warrant or a seizure warrant; and (d) a decision requiring the production of documents, the giving of information or the summoning of persons as witnesses; and (e) a decision in connection with an appeal arising out of the prosecution.’. 20 Amendment of s 42B (Jurisdiction of lower courts) Section 42B(1), ‘as it applies as a law of Queensland’— omit . 21 Amendment of s 43 (Appeals) (1) Section 43(1), ‘or to the Federal Court or to the Family Court’— omit . (2) Section 43(2) and (3)— omit . (3) Section 43(4), ‘to the Federal Court, to the Family Court,’— omit . (4) Section 43(5), ‘or to the Family Court’— omit . (5) Section 43(6), ‘to the Federal Court,’— omit . 22 Amendment of s 44 (Transfer of proceedings by the Federal Court and State and Territory Supreme Courts) (1) Section 44, heading— omit, insert —

s ‘44 14 s ‘44 Federal Courts (Consequential Amendments) Act 2001 No. 27, 2001 ‘44 Transfer of proceedings’ . (2) Section 44(1)— omit, insert — ‘ (1) This section applies to the following— (a) a proceeding with respect to a civil matter arising under the CorporationsLaw of Queensland that is in a court having jurisdiction under section 42(1) or (2); (b) a proceeding with respect to a matter referred to in section 42(1A) that is in a court having jurisdiction under that subsection or in the Federal Court.’. (3) Section 44(2), ‘Where’— omit, insert — ‘Subject to subsections (3), (4) and (5), if’. (4) Section 44— insert — ‘ (3) If a proceeding with respect to matter referred to in section 42(1A) is pending in the Supreme Court of a State or the Capital Territory (the “relevant jurisdiction” ), the court must transfer the proceeding to the Federal Court unless the matter for determination in it arises out of, or relates to, another proceeding pending in any court of the relevant jurisdiction— (a) that arises, or a substantial part of which arises, under the Corporations Law of a State or the Capital Territory; and (b) that is not with respect to a matter referred to in section 42(1A); regardless of which proceeding was commenced ﬁrst. ‘ (4) Even if the Supreme Court of a State or the Capital Territory is not required by subsection (3) to transfer a proceeding with respect to a matter referred to in section 42(1A) to the Federal Court, it may nevertheless do so if it considers that to be appropriate, having regard to the interests of justice, including the desirability of related proceedings being heard in the same jurisdiction. ‘ (5) If a proceeding with respect to a matter referred to in section 42(1A) is pending in the Federal Court, the Federal Court may only transfer the proceeding, or an application in the proceeding, to the Supreme Court of a State or the Capital Territory (the “relevant jurisdiction” ) if—

s 23 15 s 23 Federal Courts (Consequential Amendments) Act 2001 No. 27, 2001 (a) the matter arises out of, or relates to, another proceeding pending in any court of the relevant jurisdiction— (i) that arises, or a substantial part of which arises, under the Corporations Law of a State or the Capital Territory; and (ii) that is not a proceeding with respect to a matter referred to in section 42(1A); regardless of which proceeding was commenced ﬁrst; and (b) the Federal Court considers the transfer to be appropriate, having regard to the interests of justice, including the desirability of related proceedings being heard in the same jurisdiction. ‘ (6) Nothing in this section confers on a court jurisdiction that the court would not otherwise have. ‘ (7) The fact that some references in this section to the interests of justice include the desirability of related proceedings being heard in the same jurisdiction does not of itself mean that other references to the interests of justice, in this section or elsewhere in this Act, do not include that matter.’. 23 Amendment of s 44A (Transfer of proceedings by Family Court and State Family Courts) (1) Section 44A, heading, ‘ Family Court and ’— omit . (2) Section 44A(1), ‘a court’— omit, insert — ‘a State Family Court’. (3) Section 44A(2)(a), ‘in the Federal Court, or’— omit . (4) Section 44A(2)(b), ‘the Federal Court, or’— omit . (5) Section 44A(2)(c), ‘the Federal Court, or’— omit . (6) Section 44A(2), ‘to the Federal Court, or’—

s 24 16 s 25 Federal Courts (Consequential Amendments) Act 2001 No. 27, 2001 omit . (7) Section 44A(2), ‘, as the case may be’— omit . (8) Section 44A(3), ‘another court’— omit, insert — ‘another State Family Court’. (9) Section 44A— insert — ‘ (5) Nothing in this section confers on a court jurisdiction that the court would not otherwise have.’. 24 Amendment of s 44AA (Transfer of proceedings in lower courts) Section 44AA— insert — ‘ (6A) Nothing in this section confers on a court jurisdiction that the court would not otherwise have.’. 25 Amendment of s 45 (Conduct of proceedings) (1) Section 45(1), ‘51 to 52A’— omit, insert — ‘51 and 52A’. (2) Section 45(3), definition “relevant jurisdiction” , paragraphs (a) and (b)— omit . (3) Section 45(3), definition “relevant jurisdiction” , paragraphs (c) and (d)— renumber as paragraphs (a) and (b). (4) Section 45(3), definition “relevant jurisdiction” — insert — ‘(c) jurisdiction conferred on a court of a State or the Capital Territory with respect to matters referred to in section 42(1A).’.

s 26 17 s 29 Federal Courts (Consequential Amendments) Act 2001 No. 27, 2001 26 Amendment of s 46 (Courts to act in aid of each other) Section 46, after ‘Queensland’— insert — ‘ , or in matters referred to in section 42(1A),’. 27 Amendment of s 50 (Enforcement of judgments etc.) (1) Section 50(1)— omit, insert — ‘ (1) A judgment of a court of Queensland that is entirely or partly given in the exercise of jurisdiction conferred by this division, or by a law of another State that corresponds to this division, is enforceable in Queensland as if the judgment had been given by that court entirely in the exercise of the jurisdiction of that court apart from this division or any such law.’. (2) Section 50(2), ‘the Federal Court, the Family Court,’— omit . 28 Omission of s 52 (Rules of the Federal Court) Section 52— omit . 29 Amendment of s 52A (Rules of the Family Court or State Family Court) (1) Section 52A, heading, ‘ the Family Court or ’— omit, insert — ‘ a ’. (2) Section 52A(1)— omit . (3) Section 52A(2) and (3)— renumber as subsections (1) and (2).

s 30 18 s 31 Federal Courts (Consequential Amendments) Act 2001 No. 27, 2001 30 Amendment of s 54 (Interpretation) Section 54(2)(a)(vii), ‘, and rules of court applied by the Federal Court because of a provision of this Act,’— omit . 31 Insertion of new s 96E In part 13, division 6, after section 96D— insert — ‘96E Application of section 42AA ‘ (1) In this section— “commencement” means the commencement of section 42AA. “related criminal justice process decision” , in relation to an offence, has the same meaning as in section 42AA. ‘ (2) Section 42AA applies in relation to— (a) a decision made on or after the commencement to prosecute a person for an offence, even if the conduct alleged to give rise to the offence occurred before that commencement; or (b) a related criminal justice process decision made on or after the commencement in relation to an offence, even if either or both of the following apply— (i) the conduct alleged to give rise to the offence occurred before the commencement; (ii) the prosecution of the offence, or an appeal arising out of the prosecution, was commenced before the commencement. ‘ (3) Section 42AA also applies in relation to— (a) a decision made before the commencement to prosecute a person for an offence, even if that decision is the subject of an application that is before a court at the commencement; or (b) a related criminal process decision made before the commencement in relation to an offence, even if either or both of the following apply—

s 32 19 s 36 Federal Courts (Consequential Amendments) Act 2001 No. 27, 2001 (i) the decision is the subject of an application that is before a court at the commencement; (ii) the prosecution of the offence, or an appeal arising out of that prosecution, was commenced before the commencement.’. PART 5—AMENDMENT OF GAS PIPELINES ACCESS (QUEENSLAND) ACT 1998 32 Act amended in pt 5 This part amends the Gas Pipelines Access (Queensland) Act 1998 . 33 Amendment of s 11 (Interpretation of some expressions in the Gas Pipelines Access (Queensland) Law and the Gas Pipelines Access (Queensland) Regulations) Section 11(1), deﬁnition “court” , ‘or the Federal Court’— omit . 34 Omission of pt 3, div 1 hdg Part 3, division 1 heading— omit . 35 Omission of pt 3, divs 2 and 3 Part 3, divisions 2 and 3— omit . 36 Amendment of s 55 (Actions in relation to cross-boundary pipelines) (1) Section 55(1)(c) and (f), ‘by the Federal Court, or by the Supreme Court,’—

s 37 20 s 39 Federal Courts (Consequential Amendments) Act 2001 No. 27, 2001 omit, insert — ‘by the Supreme Court’. (2) Section 55— insert — ‘ (1A) Despite subsection (1), the Supreme Court does not have jurisdiction to make a declaration or order about the validity, or affecting the operation, of a decision of a relevant Minister, relevant regulator or arbitrator in relation to a cross-boundary pipeline unless the State has been determined to be the scheme participant with which the pipeline is most closely connected. 1 ’. PART 6—AMENDMENT OF JURISDICTION OF COURTS (CROSS-VESTING) ACT 1987 37 Act amended in pt 6 This part amends the Jurisdiction of Courts (Cross-vesting) Act 1987 . 38 Amendment of s 3 (Interpretation) Section 3(2), ‘section 4(3)’— omit, insert — ‘section 4(1)’. 39 Amendment of s 4 (Vesting of additional jurisdiction in certain courts) (1) Section 4(1) and (2)— omit . (2) Section 4(3) and (4)— 1 For provisions about determination of scheme participant with which a pipeline is most closely connected, see the South Australian Act, appendix to schedule 1, part 3 (Terms and references).

s 40 21 s 40 Federal Courts (Consequential Amendments) Act 2001 No. 27, 2001 renumber as section 4(1) and (2). (3) Section 4(5)— omit, insert — ‘ (3) Subsection (1) or (2) does not— (a) invest a Supreme Court or a State Family Court with; or (b) confer on any such court; jurisdiction with respect to criminal matters.’. 40 Amendment of s 5 (Transfer of proceedings) (1) Section 5(1)— omit, insert — ‘ (1) If— (a) a proceeding (the “relevant proceeding” ) is pending in the Supreme Court; and (b) it appears to the Supreme Court that, having regard to— (i) whether, in the opinion of the Supreme Court, apart from any law of the Commonwealth or another State relating to cross-vesting of jurisdiction and apart from any accrued jurisdiction of the Federal Court or the Family Court, the relevant proceeding or a substantial part of the relevant proceeding would have been incapable of being instituted in the Supreme Court and capable of being instituted in the Federal Court or the Family Court; and (ii) the extent to which, in the opinion of the Supreme Court, the matters for determination in the relevant proceeding are matters arising under or involving questions as to the application, interpretation or validity of a law of the Commonwealth and not within the jurisdiction of the Supreme Court apart from this Act and any law of the Commonwealth or another State relating to cross-vesting of jurisdiction; and (iii) the interests of justice; it is more appropriate that the relevant proceeding be determined by the Federal Court or the Family Court, as the case may be;

s 41 22 s 41 Federal Courts (Consequential Amendments) Act 2001 No. 27, 2001 the Supreme Court must transfer the relevant proceeding to the Federal Court or the Family Court, as the case may be.’. (2) Section 5(4)(b)(ii)— omit, insert — ‘(ii) having regard to— (A) whether, in the opinion of the ﬁrst court, the relevant proceeding or a substantial part of it would have been incapable of being instituted in that court, apart from any law of the Commonwealth or another State relating to cross-vesting of jurisdiction; and (B) whether, in the opinion of the ﬁrst court, the relevant proceeding or a substantial part of it would have been capable of being instituted in the Supreme Court, apart from any law of the Commonwealth or another State relating to cross-vesting of jurisdiction; and (C) the extent to which, in the opinion of the ﬁrst court, the matters for determination in the relevant proceeding are matters arising under or involving questions as to the application, interpretation or validity of a law of the State and not within the jurisdiction of the ﬁrst court apart from any law of the Commonwealth or another State relating to cross-vesting of jurisdiction; and (D) the interests of justice; it is more appropriate that the relevant proceeding be determined by the Supreme Court; or’. (3) Section 5(5)— omit . (4) Section 5— insert — ‘ (9) Nothing in this section confers on a court jurisdiction that the court would not otherwise have.’. 41 Amendment of s 6 (Special federal matters) (1) Section 6—

s 42 23 s 42 Federal Courts (Consequential Amendments) Act 2001 No. 27, 2001 insert — ‘ (1A) However, the court must only transfer so much of the proceeding as is, in the opinion of the court, within the jurisdiction (including the accrued jurisdiction) of the Federal Court, or the court mentioned in subsection (2)(b), as the case may be.’. (2) Section 6(2), ‘be transferred, the proceeding’— omit, insert — ‘or part of a proceeding be transferred, the proceeding or part of the proceeding’. 42 Insertion of new s 6A After section 6— insert — ‘6A Special federal matters—Commonwealth authorities or ofﬁcers acting under the laws of States ‘ (1) This section applies to a proceeding (the “federal matter proceeding” ) if— (a) a matter for determination in the proceeding is covered by paragraph (c) or (e) of the deﬁnition “special federal matter” in section 3(1) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cwlth); and (b) the matter for determination in the proceeding involves or relates to the exercise, or purported or proposed exercise, of functions or powers conferred on a Commonwealth authority, or ofﬁcer of the Commonwealth, by an enactment (the “State enactment” ) referred to in paragraph (ca) or (cb) of the deﬁnition “enactment” in section 3(1) of the Administrative Decisions (Judicial Review) Act 1977 (Cwlth); and (c) the matter for determination in the proceeding arises out of, or relates to, another proceeding (the “State matter proceeding” ) pending in any court of this State— (i) that arises, or a substantial part of which arises, under the State enactment or a corresponding enactment of another State; and

s 42 24 s 42 Federal Courts (Consequential Amendments) Act 2001 No. 27, 2001 (ii) none of the matters for determination in which are covered by paragraph (c) or (e) of the deﬁnition “special federal matter” in section 3(1) of the Jurisdiction of Courts (Cross- vesting) Act 1987 (Cwlth); regardless of which proceeding was commenced ﬁrst. ‘ (2) If— (a) the federal matter proceeding is pending in the Federal Court or the Family Court; and (b) having regard to the interests of justice, including the desirability of related proceedings being heard in the same jurisdiction, the Federal Court or the Family Court considers it appropriate to transfer the proceeding to the Supreme Court; the Federal Court or the Family Court may transfer the proceeding to the Supreme Court, and section 5(4) does not apply to the proceeding. ‘ (3) If— (a) the federal matter proceeding is pending in the Supreme Court; and (b) the State matter proceeding is pending in any court of this State; neither section 5(1) nor section 6 applies to require the Supreme Court to transfer the federal matter proceeding to the Federal Court or the Family Court, but the Supreme Court may do so if it considers that to be appropriate, having regard to the interests of justice, including the desirability of related proceedings being heard in the same jurisdiction. ‘ (4) Nothing in this section confers on a court jurisdiction that the court would not otherwise have. ‘ (5) The fact that references in this section to the interests of justice include the desirability of related proceedings being heard in the same jurisdiction does not of itself mean that references to the interests of justice elsewhere in this Act do not include that matter. ‘ (6) In this section— “Commonwealth authority” means an authority or other body (whether incorporated or not) that is established or continued in existence by or under an Act of the Commonwealth. “ofﬁcer of the Commonwealth” has the same meaning as in section 75(v) of the Constitution of the Commonwealth.’.

s 43 25 s 47 Federal Courts (Consequential Amendments) Act 2001 No. 27, 2001 43 Amendment of s 10 (Transfer of matters arising under Part V, Division 1 or 1A of the Trade Practices Act) Section 10(a), ‘the Federal Court, the Family Court,’— omit . 44 Amendment of s 11 (Conduct of proceedings) Section 11(2)— omit . 45 Amendment of s 14 (Enforcement and effect of judgments) (1) Section 14(1)— omit . (2) Section 14(2) and (3)— renumber as section 14(1) and (2). PART 7—AMENDMENT OF NATIONAL CRIME AUTHORITY (STATE PROVISIONS) ACT 1985 46 Act amended in pt 7 This part amends the NationalCrimeAuthority(StateProvisions)Act1985 . 47 Amendment of s 12 (Search warrants) Section 12(11), from ‘a reference to’— omit, insert — ‘a reference to a judge of the Supreme Court.’.

s 48 26 s 49 Federal Courts (Consequential Amendments) Act 2001 No. 27, 2001 48 Amendment of s 20 (Warrant for arrest of witness) Section 20(1), (3) and (4), ‘Federal Court or’— omit . 49 Amendment of s 21 (Applications to Federal Court of Australia) (1) Section 21(2) to (5)— omit . (2) Section 21(6)(b), ‘subsection (2)’— omit, insert — ‘section 32(2) of the Commonwealth Act (as it has effect because of section 32B of that Act)’. (3) Section 21(6)— renumber as section 21(2). (4) Section 21(7) to (11)— omit . (5) Section 21(12)(a), ‘subsection (9)’— omit, insert — ‘section 32(8A) of the Commonwealth Act (as it has effect because of section 32B of that Act)’. (6) Section 21(12)(b), ‘subsection (8)’— omit, insert — ‘section 32(8) of the Commonwealth Act (as it has effect because of section 32B of that Act)’. (7) Section 21(12)— renumber as section 21(3). (8) Section 21(13) and (14)— omit . (9) Section 21(15), definition “prescribed notice” — omit, insert —

s 50 27 s 52 Federal Courts (Consequential Amendments) Act 2001 No. 27, 2001 ‘ “prescribed notice” means a notice stating as mentioned in section 32A(2)(c) of the Commonwealth Act (as it has effect because of section 32C of that Act).’. (10) Section 21(15), definition “relevant day” , paragraph (b)— omit, insert — ‘(b) in relation to a notice given by a person in accordance with section 32(8A) of the Commonwealth Act (as it has effect because of section 32B of that Act)—the day on which the Authority gives to the person a prescribed notice relating to the notice so given by the person.’. (11) Section 21(15)— renumber as section 21(4). (12) Section 21(16) and (17)— omit . 50 Omission of s 22 (Applications to Supreme Court of Queensland) Section 22— omit . PART 8—AMENDMENT OF NEW TAX SYSTEM PRICE EXPLOITATION CODE (QUEENSLAND) ACT 1999 51 Act amended in pt 8 This part amends the NewTaxSystemPriceExploitationCode(Queensland) Act 1999 . 52 Amendment of s 26 (Deﬁnition) Section 26, deﬁnition “Commonwealth administrative laws” , paragraph (a)(i), after ‘(Cwlth)’— insert — ‘, excluding part IVA’.

s 53 28 s 55 Federal Courts (Consequential Amendments) Act 2001 No. 27, 2001 53 Amendment of s 27 (Application of Commonwealth administrative laws to New Tax System Price Exploitation Code of this jurisdiction) Section 27(4)— omit . 54 Amendment of s 28 (Application of Commonwealth administrative laws to New Tax System Price Exploitation Codes of other jurisdictions) (1) Section 28(4)— omit . (2) Section 28(5)— renumber as section 28(4). 55 Insertion of new s 30A Part 5— insert — ‘30A Construction of references to part IVA of AAT Act (Cwlth) ‘For the purposes of sections 27 and 28, a reference in a provision of the Administrative Appeals Tribunal Act 1975 (Cwlth), as that provision applies as a law of this jurisdiction, to the whole or any part of part IVA of that Act is taken to be a reference to the whole or any part of that part as it has effect as a law of the Commonwealth.’. © State of Queensland 2001