Jurisdiction of Courts (Miscellaneous Amendments) Act 1987 (Cth)

Jurisdiction of Courts (Miscellaneous Amendments) Act 1987

No. 23 of 1987

An Act to amend provisions of certain Acts relating to jurisdiction of courts, and for related purposes

[Assented to 26 May 1987]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the Jurisdiction of Courts (Miscellaneous Amendments) Act 1987.

Commencement

2. (1) Section 1, this section and sections 3, 4 and 5 shall come into operation on the day on which this Act receives the Royal Assent.

(2) The amendments made by this Act to an Act specified in the Schedule shall come into operation on such day as is fixed by Proclamation in relation to those amendments.

 

Amendments of Acts

3. The Acts specified in the Schedule are amended as set out in the Schedule.

Transitional provisions relating to taxation laws

4. (1) In this section—

“commencement day” means the day on which the amendments made by this Act to the Income Tax Assessment Act 1936 come into operation;

“objection” means an objection under a relevant tax law, being an objection—

(a) as defined by section 3 of the Taxation (Interest on Overpayments) Act 1983; or

(b) under sub-section 40 (2) or (4) of the Sales Tax Assessment Act (No. 1) 1930 or either of those sub-sections as applied for the purposes of any other Act providing for the assessment of sales tax;

“relevant tax law” means—

(a) the Bank Account Debits Tax Administration Act 1982;

(b) the Estate Duty Assessment Act 1914;

(c) the Fringe Benefits Tax Assessment Act 1986;

(d) the Gift Duty Assessment Act 1941;

(e) the Income Tax Assessment Act 1936;

(f) an Act providing for the assessment of sales tax;

(g) the Taxation (Unpaid Company Tax) Assessment Act 1982; or

(h) the Trust Recoupment Tax Assessment Act 1985;

“Supreme Court” means the Supreme Court of a State or of the Northern Territory or the Australian Capital Territory.

(2) Where, under a provision of a relevant tax law as in force before the commencement day—

(a) the Commissioner of Taxation had received a request to refer a decision on an objection to a Supreme Court; or

(b) the Commissioner of Taxation had received a request to treat an objection as an appeal to a Supreme Court and the request was, under section 226 of the Taxation Boards of Review (Transfer of Jurisdiction) Act 1986, treated as a request to refer the decision on the objection to a Supreme Court,

and the request had not been forwarded to a Supreme Court before the commencement day, the request shall, on and after the commencement day, be treated as a request to refer the decision on the objection to the Federal Court of Australia.

 

(3) Where, under a provision of a relevant tax law as in force before the commencement day, a decision on an objection, or an objection, had been forwarded to a Supreme Court but the hearing, other than an interlocutory hearing, of proceedings in respect of the decision or objection had not begun before the commencement day—

(a) the proceedings are, by force of this Act, transferred to the Federal Court of Australia on the commencement day;

(b) the proceedings shall continue in the Federal Court of Australia as if the decision or objection had been forwarded to the Federal Court of Australia under a provision of a relevant tax law as amended by this Act;

(c) the Federal Court of Australia has jurisdiction to hear and determine the proceedings;

(d) all documents filed of record in the Supreme Court in the proceedings, or lodged with that Court in connection with the proceedings, shall be transmitted to the Registrar of the Federal Court of Australia;

(e) any moneys lodged with the Supreme Court in relation to the proceedings shall be transferred to the Federal Court of Australia and dealt with as if they had been lodged with that Court; and

(f) all things done in or in relation to the proceedings in the Supreme Court shall be deemed to have been done in or in relation to the proceedings in the Federal Court of Australia.

(4) The Federal Court of Australia has the same powers (including powers in respect of contempt of court and enforcing of orders) in respect of an order of a Supreme Court made in or in relation to proceedings referred to in sub-section (3) as if it were an order of the Federal Court of Australia.

(5) Subject to sub-section (3), the provisions of the relevant tax laws that are amended or repealed by this Act continue to apply to—

(a) a decision on an objection, or an objection, that was forwarded to a Supreme Court before the commencement day; and

(b) an order made by the Supreme Court in relation to the decision or objection,

as if those amendments and repeals had not been made.

(6) Sub-section (5) has effect notwithstanding the operation of subsection 7 (3) of the Jurisdiction of Courts (Cross-vesting) Act 1987 on its commencement.

Transitional provisions relating to intellectual property laws

5. (1) The amendments made by this Act to the Advance Australia Logo Protection Act 1984, the Copyright Act 1968, the Designs Act 1906, the Patents Act 1952 and the Trade Marks Act 1955 apply only in relation

 

to actions or proceedings commenced after the commencement of those amendments.

(2) The provisions of the Acts referred to in sub-section (1) as in force immediately before the commencement of the amendments made by this Act to those Acts continue to apply in relation to actions or proceedings commenced under those Acts before that commencement.

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SCHEDULE Section 3

AMENDMENTS OF ACTS

Advance Australia Logo Protection Act 1984

Sub-section 11 (2)—

Insert “Federal Court of Australia or the” before “Supreme Court”.

After sub-section 13 (1)—

Insert the following sub-section:

“(1a) The Federal Court of Australia has jurisdiction with respect to all matters arising under section 11 or 16.”.

Bank Account Debits Tax Administration Act 1982

Section 20—

Before the definition of “objector”, insert the following definition:

“Federal Court’ means the Federal Court of Australia;”.

Section 20 (definition of “Supreme Court”)—

Omit the definition.

Paragraph 23 (b)—

Omit “a specified Supreme Court”, substitute “the Federal Court”.

Paragraph 25a (1) (b)—

Omit the paragraph, substitute the following paragraph:

“(b) if the application relates to a request to refer a decision to the Federal Court—send the application to that Court.”.

Sub-section 25a (3)—

(a) Omit “a Supreme Court”, substitute “the Federal Court”.

(b) Omit all the words after “Commissioner”.

Sub-section 25a (4)—

Omit “Supreme Court”, substitute “Federal Court”.

Sub-section 25b (3)—

(a) Omit “a Supreme Court”, substitute “the Federal Court”.

(b) Omit all the words after “the decision”.

Sub-section 26 (1)—

Omit “A Supreme Court hearing an appeal under this Part”, substitute “Where the Federal Court hears an appeal under this Part, the Court”.

Sub-sections 26 (3), (4) and (5)—

Omit the sub-sections.

Sections 28 and 29—

Repeal the sections.

Sub-section 29a (2)—

Omit the sub-section, substitute the following sub-section:

 

SCHEDULE— continued

“(2) For the purposes of determining when a decision of the Tribunal or of the Federal Court becomes final—

(a) if that decision is a decision of the Tribunal, or of the Federal Court constituted by a single Judge, and no appeal is lodged within the period for lodging an appeal—that decision becomes final at the end of that period; or

(b) if that decision is a decision of the Full Court of the Federal Court and an application is not made for special leave to appeal to the High Court within the period of 30 days after the making of the decision—that decision becomes final at the end of that period.”.

Section 62—

Omit the word and paragraphs after “may make” (second occurring), substitute the following:

“regulations prescribing penalties not exceeding a fine of $500 for offences against the regulations.”.

Copyright Act 1968

Heading to Division 4A of Part V—

Omit the heading, substitute the following heading:

“Division 4a—Jurisdiction and Appeals”.

Sub-sections 131b(1) and (2)—

Insert “of a State or Territory” after “a court”.

After section 131b—

Insert the following section:

Jurisdiction of Federal Court of Australia

“131c. Jurisdiction is conferred on the Federal Court of Australia with respect to actions under this Part.”.

Designs Act 1906

Sub-section 4 (1)—

After the definition of “design”, insert the following definition:

“Federal Court’ means the Federal Court of Australia;”.

Sub-section 4 (1) (definition of “prescribed court”)—

Insert “the Federal Court,” after “means”.

Sub-section 22b (2)—

Omit “a prescribed court”, substitute “the Federal Court”.

Sub-section 24 (3)—

Omit “a prescribed court”, substitute “the Federal Court”.

Sub-section 27a (11)—

Omit “a prescribed court”, substitute “the Federal Court”.

Sub-section 40g (1)—

Omit the sub-section, substitute the following sub-sections:

SCHEDULE—continued

“(1) The Federal Court has jurisdiction with respect to matters arising under this Act.

“(1a) The jurisdiction of the Federal Court to hear and determine appeals from decisions of the Registrar is exclusive of the jurisdiction of any other court, other than the jurisdiction of the High Court under section 75 of the Constitution.

“(1b) Subject to sub-section (2), each prescribed court (other than the Federal Court) has jurisdiction with respect to matters arising under this Act in respect of which actions or proceedings may, under a provision of this Act, be instituted in a prescribed court.

“(1c) A prosecution for an offence against this Act shall not be instituted in the Federal Court.”.

Sub-section 40g (2)—

Omit “sub-section (1)”, substitute “sub-section (1b)”.

Sub-sections 40i (1) and (2)—

Omit the sub-sections, substitute the following sub-sections:

“(1) An appeal lies to the Federal Court from a judgment or order of:

(a) another prescribed court exercising jurisdiction under this Act; or

(b) any other court in an action or proceeding referred to in section 31.

“(2) Except with the leave of the Federal Court, an appeal does not lie to the Full Court of the Federal Court from a judgment or order of a single judge of the Federal Court in the exercise of its jurisdiction to hear and determine appeals from decisions of the Registrar.”.

Section 40j—

Omit “prescribed court”, substitute “Federal Court”.

Sub-section 46b (1)—

Omit “a prescribed court”, substitute “the Federal Court”.

Sub-section 46b (2)—

Omit “prescribed court”, substitute “Federal Court”.

Estate Duty Assessment Act 1914

Sub-section 3 (1)—

After the definition of “estate”, insert the following definition:

“Federal Court’ means the Federal Court of Australia;”.

Paragraph 25 (1) (b)—

Omit “a specified Supreme Court”, substitute “the Federal Court”.

Paragraph 27a (1) (b)—

Omit the paragraph, substitute the following paragraph:

“(b) if the application relates to a request to refer a decision to the Federal Court— send the application to that Court.”.

Sub-section 27a (3)—

(a) Omit “a Supreme Court”, substitute “the Federal Court”.

(b) Omit all the words after “Commissioner”.

 

SCHEDULE— continued

Sub-section 27a (4)—

Omit “Supreme Court”, substitute “Federal Court”.

Sub-section 27b (3)—

(a) Omit “a Supreme Court”, substitute “the Federal Court”.

(b) Omit all the words after “the decision”.

Section 27e—

Repeal the section, substitute the following section:

Powers of Federal Court on appeal

“27e. Where the Federal Court hears an appeal under this Part, the Court may make such order in relation to the decision to which the appeal relates as it thinks fit, including an order confirming or varying the decision.”.

Sections 28, 28a, 28aa and 28ab—

Repeal the sections.

Sub-section 28ac (2)—

Omit the sub-section, substitute the following sub-section:

“(2) For the purposes of determining when a decision of the Tribunal or of the Federal Court becomes final—

(a) if that decision is a decision of the Tribunal, or of the Federal Court constituted by a single Judge, and no appeal is lodged within the period for lodging an appeal—that decision becomes final at the end of that period; or

(b) if that decision is a decision of the Full Court of the Federal Court and an application is not made for special leave to appeal to the High Court within the period of 30 days after the making of the decision—that decision becomes final at the end of that period.”.

Section 28d—

Repeal the section.

Section 50—

Omit the word and paragraphs after “may make” (second occurring), substitute the following:

“regulations prescribing penalties not exceeding a fine of $500 for offences against the regulations.”.

Fringe Benefits Tax Assessment Act 1986

Sections 79 and 79a—

Repeal the sections, substitute the following section:

Interpretation

“79. In this Part, ‘Federal Court’ means the Federal Court of Australia.”.

Paragraph 81 (b)—

Omit “a specified Supreme Court”, substitute “the Federal Court”.

 

SCHEDULE— continued

Paragraph 84 (1) (b)—

Omit the paragraph, substitute the following paragraph:

“(b) if the application relates to a request to refer a decision to the Federal Court—send the application to that Court.”.

Sub-section 84 (3)—

(a) Omit “a Supreme Court”, substitute “the Federal Court”.

(b) Omit all the words after “Commissioner”.

Sub-section 84 (4)—

Omit “Supreme Court”, substitute “Federal Court”.

Sub-section 85 (3)—

(a) Omit “a Supreme Court”, substitute “the Federal Court”.

(b) Omit all the words after “the decision”.

Section 86b—

Repeal the section.

Sub-section 86c (1)—

Omit “A Supreme Court hearing an appeal under this Part”, substitute “Where the Federal Court hears an appeal under this Part, the Court”.

Sub-section 86c (2)—

Omit the sub-section.

Section 86d—

Repeal the section.

Sub-section 86e (2)—

Omit the sub-section, substitute the following sub-section:

“(2) For the purposes of determining when a decision of the Tribunal or of the Federal Court becomes final—

(a) if that decision is a decision of the Tribunal, or of the Federal Court constituted by a single Judge, and no appeal is lodged within the period for lodging an appeal—that decision becomes final at the end of that period; or

(b) if that decision is a decision of the Full Court of the Federal Court and an application is not made for special leave to appeal to the High Court within the period of 30 days after the making of the decision—that decision becomes final at the end of that period.”.

Section 87—

Repeal the section.

Gift Duty Assessment Act 1941

Sub-section 4 (1)—

After the definition of “donor”, insert the following definition:

‘“Federal Court’ means the Federal Court of Australia;”.

Sub-section 4 (1) (definition of “Supreme Court”)—

Omit the definition.

SCHEDULE—continued

Paragraph 32 (b)—

Omit “a specified Supreme Court”, substitute “the Federal Court”.

Paragraph 34a (1) (b)—

Omit the paragraph, substitute the following paragraph:

“(b) if the application relates to a request to refer a decision to the Federal Court— send the application to that Court.”.

Sub-section 34a (3)—

(a) Omit “a Supreme Court”, substitute “the Federal Court”.

(b) Omit all the words after “Commissioner”.

Sub-section 34a (4)—

Omit “Supreme Court”, substitute “Federal Court”.

Sub-section 34b(3)—

(a) Omit “a Supreme Court”, substitute “the Federal Court”.

(b) Omit all the words after “the decision”.

Sub-section 34e (1)—

Omit “A Supreme Court hearing an appeal under this Part”, substitute “Where the Federal Court hears an appeal under this Part, the Court”.

Sub-section 34e (2)—

Omit the sub-section.

Sections 35, 36, 36a and 36b—

Repeal the sections.

Sub-section 36c (2)—

Omit the sub-section, substitute the following sub-section:

“(2) For the purposes of determining when a decision of the Tribunal or of the Federal Court becomes final—

(a) if that decision is a decision of the Tribunal, or of the Federal Court constituted by a single Judge, and no appeal is lodged within the period for lodging an appeal—that decision becomes final at the end of that period; or

(b) if that decision is a decision of the Full Court of the Federal Court and an application is not made for special leave to appeal to the High Court within the period of 30 days after the making of the decision—that decision becomes final at the end of that period.”.

Section 38a—

Repeal the section.

Section 47—

Omit all the words and paragraphs after “Act” (last occurring), substitute the

following:

“, and, in particular, for prescribing penalties not exceeding a fine of $500 for offences against the regulations.”.

 

SCHEDULE—continued

Income Tax Assessment Act 1936

Sub-section 177 (1)—

Omit “(except in proceedings on appeal against the assessment)”, substitute “, except in proceedings under Part V on a review or appeal relating to the assessment,”.

Sections 184a and 184c—

Repeal the sections, substitute the following section:

Interpretation

“184. In this Division, ‘Federal Court’ means the Federal Court of Australia.”.

Paragraph 187 (b)—

Omit “a specified Supreme Court”, substitute “the Federal Court”.

Paragraph 188b (1) (b)—

Omit the paragraph, substitute the following paragraph:

“(b) if the application relates to a request to refer a decision to the Federal Court— send the application to that Court.”.

Sub-section 188b (3)—

(a) Omit “a Supreme Court”, substitute “the Federal Court”.

(b) Omit all the words after “Commissioner”.

Sub-section 188b (4)—

Omit “Supreme Court”, substitute “Federal Court”.

Sub-section 189 (3)—

(a) Omit “a Supreme Court”, substitute “the Federal Court”.

(b) Omit all the words after “the decision”.

Sections 196a and 198—

Repeal the sections.

Sub-section 199 (1)—

Omit “A Supreme Court hearing an appeal under this Part”, substitute “Where the Federal Court hears an appeal under this Part, the Court”.

Sub-section 199 (2)—

Omit the sub-section.

Sections 200 and 200a—

Repeal the sections.

Sub-section 200b (2)—

Omit the sub-section, substitute the following sub-section:

“(2) For the purposes of determining when a decision of the Tribunal or of the Federal Court becomes final—

(a) if that decision is a decision of the Tribunal, or of the Federal Court constituted by a single Judge, and no appeal is lodged within the period for lodging an appeal—that decision becomes final at the end of that period; or

SCHEDULE—continued

(b) if that decision is a decision of the Full Court of the Federal Court and an application is not made for special leave to appeal to the High Court within the period of 30 days after the making of the decision—that decision becomes final at the end of that period.”.

Sub-section 266 (2)—

Omit the sub-section.

Patents Act 1952

Section 6—

After the definition of “exclusive licensee”, insert the following definition:

“Federal Court’ means the Federal Court of Australia;”.

Section 6 (definition of “prescribed court”)—

Insert “the Federal Court,” after “means”.

Sub-section 49 (8)—

Omit “a prescribed court”, substitute “the Federal Court”.

Sub-section 49a (10)—

Omit “a prescribed court”, substitute “the Federal Court”.

Sub-section 50 (6)—

Omit “a prescribed court”, substitute “the Federal Court”.

Sub-section 52 (8)—

Omit “a prescribed court”, substitute “the Federal Court”.

Sub-section 52d (9)—

Omit “a prescribed court”, substitute “the Federal Court”.

Sub-section 60 (5)—

(a) Omit “the prescribed court”, substitute “the Federal Court”.

(b) Omit “a prescribed court”, substitute “the Federal Court”.

Sub-section 63 (4)—

Omit “a prescribed court”, substitute “the Federal Court”.

Paragraph 66 (3) (c)—

Omit the paragraph, substitute the following paragraph:

“(c) proceedings in a court; or”.

Paragraph 66 (3) (f)—

Omit the paragraph, substitute the following paragraph:

“(f) in a case to which paragraph (c) applies—the court or, if the proceedings are discontinued, the Commissioner directs; or”.

Sub-sections 68b (11) and (12)—

Omit “a prescribed court”, substitute “the Federal Court”.

Sub-section 73 (4)—

Omit “a prescribed court”, substitute “the Federal Court”.

SCHEDULE— continued

Sub-section 81 (2)—

Omit “a prescribed court”, substitute “the Federal Court”.

Sub-section 81 (3)—

Omit “prescribed court”, substitute “Federal Court”.

Section 84—

(a) Omit “prescribed court” (first occurring), substitute “Federal Court”.

(b) Omit “a prescribed court”, substitute “the Federal Court”.

Sub-section 146 (1)—

Omit the sub-section, substitute the following sub-sections:

“(1) The Federal Court has jurisdiction with respect to matters arising under this Act.

“(1a) The jurisdiction of the Federal Court to hear and determine appeals from decisions or directions of the Comissioner is exclusive of the jurisdiction of any other court, other than the jurisdiction of the High Court under section 75 of the Constitution.

“(1b) Subject to sub-section (2), each prescribed court (other than the Federal Court) has jurisdiction with respect to matters arising under this Act in respect of which actions or proceedings may, under a provision of this Act, be instituted in a prescribed court.

“(1c) A prosecution for an offence against this Act shall not be instituted in the Federal Court.”.

Sub-section 146 (2)—

Omit “sub-section (1)”, substitute “sub-section (1b)”.

Sub-sections 148 (1) and (2)—

Omit the sub-sections, substitute the following sub-sections:

“(1) An appeal lies to the Federal Court from a judgment or order of:

(a) another prescribed court exercising jurisdiction under this Act; or

(b) any other court in an action or proceeding referred to in section 113 or 121.

“(2) Except with the leave of the Federal Court, an appeal does not lie to the Full Court of the Federal Court from a judgment or order of a single judge of the Federal Court in the exercise of its jurisdiction to hear and determine appeals from decisions or directions of the Commissioner.”.

Section 149—

(a) Omit “A prescribed court”, substitute “The Federal Court”.

(b) Insert “from a decision or direction of the Commissioner” after “court” (second occurring).

Section 150—

Omit “prescribed court”, substitute “Federal Court”.

Sub-section 154a (6)—

Omit “a prescribed court”, substitute “the Federal Court”.

Sub-section 155 (2)—

Omit “a prescribed court”, substitute “the Federal Court”.

 

SCHEDULE—continued

Sub-section 163 (2)—

Omit “a prescribed court”, substitute “the Federal Court”.

Section 170—

(a) Omit “a prescribed court”, substitute “the Federal Court”.

(b) Omit “the prescribed court” (wherever occurring), substitute “the Federal Court”.

Sales Tax Assessment Act (No. 1) 1930

Section 39a—

Before the definition of “objector”, insert the following definition:

“Federal Court’ means the Federal Court of Australia;”.

Section 39a (definition of “Supreme Court”)—

Omit the definition.

Section 39c—

Repeal the section.

Paragraph 41 (b)—

Omit “a specified Supreme Court”, substitute “the Federal Court”.

Paragraph 42b (1) (b)—

Omit the paragraph, substitute the following paragraph:

“(b) if the application relates to a request to refer a decision to the Federal Court-send the application to that Court.”.

Sub-section 42b (3)—

(a) Omit “a Supreme Court”, substitute “the Federal Court”.

(b) Omit all the words after “Commissioner”.

Sub-section 42b (4)—

Omit “Supreme Court”, substitute “Federal Court”.

Sub-section 42c (3)—

(a) Omit “a Supreme Court”, substitute “the Federal Court”.

(b) Omit all the words after “the decision”.

Sub-sections 42g (1), (2), (4) and (5)—

Omit the sub-sections.

Sub-section 42g (3)—

Omit “A Supreme Court hearing an appeal under this Part”, substitute ‘Where the Federal Court hears an appeal under this Part, the Court”.

Sub-section 42h (2)—

Omit the sub-section, substitute the following sub-section:

“(2) For the purposes of determining when a decision of the Tribunal or of the Federal Court becomes final—

 

SCHEDULE—continued

(a) if that decision is a decision of the Tribunal, or of the Federal Court constituted by a single Judge, and no appeal is lodged within the period for lodging an appeal—that decision becomes final at the end of that period; or

(b) if that decision is a decision of a Full Court of the Federal Court and an application is not made for special leave to appeal to the High Court within the period of 30 days after the making of the decision—that decision becomes final at the end of that period.”.

Paragraph 73 (aa)—

Add at the end “and”.

Paragraph 73 (ab)—

Omit the paragraph.

Taxation (Unpaid Company Tax) Assessment Act 1982

Sub-section 4 (7)—

Omit the sub-section.

Trade Marks Act 1955

Sub-section 6 (1)—

After the definition of “Convention country”, insert the following definition:

“Federal Court’ means the Federal Court of Australia;”.

Sub-section 6 (1) (definition of “prescribed court”)—

Insert “the Federal Court,” after “means”.

Sub-section 19 (3)—

Omit “a prescribed court”, substitute “the Federal Court”.

Sub-section 20 (2)—

Omit “a prescribed court”, substitute “the Federal Court”.

Sub-section 21 (5)—

Omit “a prescribed court”, substitute “the Federal Court”.

Sub-section 23 (7)—

Omit “a prescribed court”, substitute “the Federal Court”.

Sub-section 26 (4)—

Omit “a prescribed court”, substitute “the Federal Court”.

Sub-section 30 (3)—

Omit “a prescribed court”, substitute “the Federal Court”.

Sub-section 36 (3)—

Omit “a prescribed court”, substitute “the Federal Court”.

Sub-section 42 (4)—

Omit “a prescribed court”, substitute “the Federal Court”.

 

SCHEDULE— continued

Sub-section 43 (4)—

Omit “a prescribed court”, substitute “the Federal Court”.

Sub-section 46 (1)—

Omit “a prescribed court”, substitute “the Federal Court”.

Sub-section 46 (2)—

Omit “prescribed court”, substitute “Federal Court”.

Section 51—

Omit “a prescribed court”, substitute “the Federal Court”.

Paragraph 54 (3) (b)—

Omit the paragraph, substitute the following paragraph:

“(b) proceedings in a court; or”.

Paragraph 54 (3) (e)—

Omit the paragraph, substitute the following paragraph:

“(e) in a case to which paragraph (b) applies—the court or, if the proceedings are discontinued, the Registrar directs; or”.

Section 81—

Omit “a prescribed court”, substitute “the Federal Court”.

Sub-section 86 (3)—

Omit “a prescribed court”, substitute “the Federal Court”.

Sub-section 112 (1)—

Omit the sub-section, substitute the following sub-sections:

“(1) The Federal Court has jurisdiction with respect to matters arising under this Act.

“(1a) The jurisdiction of the Federal Court to hear and determine appeals from decisions, directions or orders of the Registrar is exclusive of the jurisdiction of any other court, other than the jurisdiction of the High Court under section 75 of the Constitution.

“(1b) Subject to sub-section (2), each prescribed court (other than the Federal Court) has jurisdiction with respect to matters arising under this Act in respect of which actions or proceedings may, under a provision of this Act, be instituted in a prescribed court.

“(1c) A prosecution for an offence against this Act shall not be instituted in the Federal Court.”.

Sub-section 112 (2)—

Omit “sub-section (1)”, substitute “sub-section (1b)”.

Sub-sections 114 (1) and (2)—

Omit the sub-sections, substitute the following sub-sections:

“(1) An appeal lies to the Federal Court from a judgment or order of:

(a) another prescribed court exercising jurisdiction under this Act: or

 

SCHEDULE— continued

(b) any other court in an action or proceeding referred to in section 67 or 124.

“(2) Except with the leave of the Federal Court, an appeal does not lie to the Full Court of the Federal Court from a judgment or order of a single judge of the Federal Court in the exercise of its jurisdiction to hear and determine appeals from decisions, directions or orders of the Registrar.”.

Section 115—

(a) Omit “A prescribed court”, substitute “The Federal Court”.

(b) Insert “from a decision, direction or order of the Registrar” after “court” (second occurring).

Section 115a—

Omit “prescribed court”, substitute “Federal Court”.

Sub-section 139 (5)—

Omit “a prescribed court”, substitute “the Federal Court”.

Section 142—

(a) Omit “a prescribed court”, substitute “the Federal Court”.

(b) Omit “the prescribed court” (wherever occurring), substitute “the Federal Court”.

Trade Practices Act 1974

Section 75b—

Add at the end the following sub-section:

“(2) In this Part, unless the contrary intention appears—

(a) a reference to the Court in relation to a matter is a reference to any court having jurisdiction in the matter;

(b) a reference to the Federal Court is a reference to the Federal Court of Australia; and

(c) a reference to a judgment is a reference to a judgment, decree or order, whether final or interlocutory.”.

Section 86—

Repeal the section, substitute the following sections:

Jurisdiction of courts

“86. (1) Jurisdiction is conferred on the Federal Court in any matter arising under this Act in respect of which a civil proceeding has, whether before or after the commencement of this section, been instituted under this Part.

“(2) The several courts of the States are invested with federal jurisdiction within the limits of their several jurisdictions, whether those limits are as to locality, subject-matter or otherwise, and, subject to the Constitution, jurisdiction is conferred on the several courts of the Territories, with respect to any matter arising under Division 1 or 1a of Part V in respect of which a civil proceeding is instituted by a person other than the Minister or the Commission.

“(3) Nothing in sub-section (2) shall be taken to enable an inferior court of a State or Territory to grant a remedy other than a remedy of a kind that the court is able to grant under the law of that State or Territory.

 

SCHEDULE— continued

“(4) The jurisdiction conferred by sub-section (1) on the Federal Court is exclusive of the jurisdiction of any other court other than the jurisdiction of the several courts of the States and Territories under sub-section (2) and the jurisdiction of the High Court under section 75 of the Constitution.

Transfer of matters

“86a. (1) Where—

(a) a civil proceeding instituted (whether before or after the commencement of this section) by a person other than the Minister or the Commission is pending in the Federal Court; and

(b) a matter for determination in the proceeding arose under Division 1 or 1a of Part V,

the Federal Court may, subject to sub-section (2), upon the application of a party or of the Federal Court’s own motion, transfer to a court of a State or Territory the matter referred to in paragraph (b) and may also transfer to that court any other matter for determination in the proceeding.

“(2) The Federal Court shall not transfer a matter to another court under sub-section (1) unless the other court has power to grant the remedies sought before the Federal Court in the matter and it appears to the Federal Court that—

(a) the matter arises out of or is related to a proceeding that is pending in the other court; or

(b) it is otherwise in the interests of justice that the matter be determined by the other court.

“(3) Where the Federal Court transfers a matter to another court under sub-section (1)—

(a) further proceedings in the matter shall be as directed by the other court; and

(b) the judgment of the other court in the matter is enforceable throughout Australia and the external Territories as if it were a judgment of the Federal Court.

“(4) Where—

(a) a proceeding is pending in a court (other than the Supreme Court) of a State or Territory; and

(b) a matter for determination in the proceeding arose under Division 1 or 1a of Part V,

the court shall, if directed to do so by the Federal Court, transfer to the Federal Court the matter referred to in paragraph (b) and such other matters for determination in the proceeding the determination of which would, apart from any law of a State or of the Northern Territory relating to cross-vesting of jurisdiction, be within the jurisdiction of the Federal Court as the Federal Court determines.

“(5) Where—

(a) a proceeding is pending in a court (other than the Supreme Court) of a State or Territory; and

(b) a matter for determination in the proceeding arose under Division 1 or 1a of Part V,

the court may, subject to sub-section (6), upon the application of a party or of the court’s own motion, transfer to a court (other than the Supreme Court) of a State or Territory other than the State or Territory referred to in paragraph (a) the matter referred to in paragraph (b).

“(6) A court shall not transfer a matter to another court under sub-section (5) unless the other court has power to grant the remedies sought before the first-mentioned court in the matter and it appears to the first-mentioned court that—

SCHEDULE—continued

(a) the matter arises out of or is related to a proceeding that is pending in the other court; or

(b) it is otherwise in the interests of justice that the matter be determined by the other court.

“(7) Where a court transfers a matter to another court under sub-section (5), further proceedings in the matter shall be as directed by the other court.”.

 

[Minister’s second reading speech made in—

House of Representatives on 22 October 1986

Senate on 1 April 1987