Untitled document

Federal Courts (Consequential Amendments) Act

2000

Act No. 22/2000

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2

PART 2—AGRICULTURAL AND VETERINARY CHEMICALS

(VICTORIA) ACT 1994 3

3.	Agricultural and Veterinary Chemicals (Victoria) Act 1994	3
4.	New section 18A inserted	3

18A.	Construction of references to Part IVA of
Commonwealth AAT Act 3

5.	Part 6 repealed	4
6.	Statute law revision	4

PART 3—COMPETITION POLICY REFORM (VICTORIA) ACT

1995   5

7.	Competition Policy Reform (Victoria) Act 1995	5
8.	Amendment of section 29	5
9.	New section 33A inserted	5

33A.	Construction of references to Part IVA of
Commonwealth AAT Act 5

PART 4—CORPORATIONS (VICTORIA) ACT 1990 6

10.	Corporations (Victoria) Act 1990	6
11.	New section 36A inserted	6

36A.	Construction of references to Part IVA of
Commonwealth AAT Act 6

12.	Amendment of section 40	7
13.	Amendment of section 41	7
14.	Amendment of sections 42 and 42A	7
15.	New section 42AA inserted	9

i

Section Page

42AA. Jurisdiction of Supreme Court in relation to certain

decisions made by Commonwealth officers 9

16.	Amendment of sections 42B and 43	11
17.	Amendment of sections 44, 44A and 44AA	11
18.	Amendment of sections 45 to 54	15
19.	Transitional provision	16

96D. Application of section 42AA 16

PART 5—GAS PIPELINES ACCESS (VICTORIA) ACT 1998 18

20.	Gas Pipelines Access (Victoria) Act 1998	18
21.	Amendment of section 20	18
22.	Cross-boundary distribution pipelines	18
23.	Supreme Court—limitation of jurisdiction	18

PART 6—JURISDICTION OF COURTS (CROSS-VESTING) ACT

1987   20

24.	Jurisdiction of Courts (Cross-vesting) Act 1987	20
25.	New section 6A inserted	22

6A.	Special federal matters: Commonwealth authorities or
officers acting under the laws of States 22

26.	Amendment of sections 10 to 14	25
27.	Amendment of section 17	25

PART 7—NATIONAL CRIME AUTHORITY (STATE

PROVISIONS) ACT 1984 26

28.	National Crime Authority (State Provisions) Act 1984	26
29.	Amendment of section 21 and repeal of section 22	26

PART 8—NEW TAX SYSTEM PRICE EXPLOITATION CODE

(VICTORIA) ACT 1999 28

30.      New Tax System Price Exploitation Code (Victoria) Act 1999 28

31.	Amendment of section 29 28
32.	New section 33A inserted 28
33A. Construction of references to Part IVA of

Commonwealth AAT Act 28

═══════════════

NOTES 29

ii

Victoria

No. 22 of 2000

Federal Courts (Consequential

Amendments) Act 2000†

[Assented to 16 May 2000]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is 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.

Federal Courts (Consequential Amendments) Act 2000

Act No. 22/2000 s. 2

2. Commencement

(1) This Part and section 6 come into operation on the

day after the day on which this Act receives the
Royal Assent.

(2) The remaining provisions of this Act come into

operation on a day or days to be proclaimed.

_______________
Federal Courts (Consequential Amendments) Act 2000

s. 3 Act No. 22/2000

PART 2—AGRICULTURAL AND VETERINARY

CHEMICALS (VICTORIA) ACT 1994

No. 73/1994.	3. Agricultural and Veterinary Chemicals (Victoria) Act
Reprint
No. 1 as at	1994
11 March
1999.	(1) In section 3(1) of the Agricultural and

Veterinary Chemicals (Victoria) Act 1994, in paragraph (a) of the definition of "Commonwealth administrative laws"—

(a) in sub-paragraph (i), after "Commonwealth" insert "(excluding Part IVA)";

(b) sub-paragraph (ii) is repealed.

(2) In section 16(2) of the Agricultural and

Veterinary Chemicals (Victoria) Act 1994, for ", or section 13 of the Administrative Decisions (Judicial Review) Act 1977, of the

Commonwealth as those sections apply as laws" substitute "of the Commonwealth as that section applies as a law".

4. New section 18A inserted

After section 18 of the Agricultural and
Veterinary Chemicals (Victoria) Act 1994
insert—

"18A. Construction of references to Part IVA of Commonwealth AAT Act

For the purposes of section 16, a reference in
a provision of the Administrative Appeals
Tribunal Act 1975 of the Commonwealth (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.".

Federal Courts (Consequential Amendments) Act 2000

Act No. 22/2000 s. 5

5. Part 6 repealed

Part 6 of the Agricultural and Veterinary

Chemicals (Victoria) Act 1994 is repealed.

6. Statute law revision

In section 8(1)(b) of the Agricultural and
Veterinary Chemicals (Victoria) Act 1994, omit

"because of paragraph (a) of that sub-section".

_______________
Federal Courts (Consequential Amendments) Act 2000

s. 7 Act No. 22/2000

PART 3—COMPETITION POLICY REFORM (VICTORIA)

ACT 1995

No. 74/1995.

As amended	7. Competition Policy Reform (Victoria) Act 1995
by Nos
43/1999 and	Division 3 of Part 5 of the Competition Policy
54/1999.	Reform (Victoria) Act 1995 is repealed.

8. Amendment of section 29

In section 29 of the Competition Policy Reform (Victoria) Act 1995, in paragraph (a) of the definition of "Commonwealth administrative laws"—

(a) in sub-paragraph (i), after "Commonwealth" insert "(excluding Part IVA)";

(b) sub-paragraph (ii) is repealed.

9. New section 33A inserted

After section 33 of the Competition Policy
Reform (Victoria) Act 1995 insert—

"33A. Construction of references to Part IVA of Commonwealth AAT Act

For the purposes of sections 30 and 31, a reference in a provision of the Administrative Appeals Tribunal Act 1975 of the Commonwealth (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.".

—————————
Federal Courts (Consequential Amendments) Act 2000

Act No. 22/2000 s. 10

PART 4—CORPORATIONS (VICTORIA) ACT 1990

10. Corporations (Victoria) Act 1990 No. 80/1990. Reprint No. 1

In section 3(1) of the Corporations (Victoria)	as at 1 May
1996.
Act 1990—	Subsequently amended by
(a) in paragraph (a) of the definition of "Commonwealth administrative laws", after	Nos 46/1998
and 37/1999.

"Commonwealth" insert "(excluding

Part IVA)";

(b)

paragraph (b) of the definition of repealed;

(c) insert the following definitions—
' "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;';

(d) the definition of "Family Court" is repealed.

11. New section 36A inserted

After section 36 of the Corporations (Victoria)
Act 1990 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 of the Commonwealth (as that provision applies as a law of this jurisdiction) to the whole or any part of Part IVA of that Act is

Federal Courts (Consequential Amendments) Act 2000

s. 12 Act No. 22/2000

taken to be a reference to the whole or any part of that Part as it has effect as a law of the Commonwealth.".

12. Amendment of section 40

After section 40(1)(b) of the Corporations

(Victoria) Act 1990 insert—

"; and

(c)	the jurisdiction of courts in respect of matters arising under the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth involving or related to decisions made under the Corporations Law 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 criminal justice process decisions—".

13. Amendment of section 41

In the Corporations (Victoria) Act 1990—

(a)

in section 41(1), for the definition of ' "superior court" means the Supreme

Court of a State or Territory or a State

Family Court;';

(b) in section 41(2)(a), omit sub-paragraph (viii).

14. Amendment of sections 42 and 42A

Federal Courts (Consequential Amendments) Act 2000

Act No. 22/2000 s. 14

(1) In section 42(1) of the Corporations (Victoria)

Act 1990, omit "as it applies as a law of

Victoria,".

(2) After section 42(1) of the Corporations

(Victoria) Act 1990 insert—

"(1A) Despite section 9 of the Administrative

Decisions (Judicial Review) Act 1977 of the Commonwealth, jurisdiction is conferred on the Supreme Court of Victoria 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) Sub-section (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)	commencement of section 14(2) of the

whether before or after the Amendments) Act 2000.".

(3) In section 42(2) of the Corporations (Victoria)
Act 1990, after "sub-section (1)" insert "or (1A)".
(4) In section 42 of the Corporations (Victoria) Act

1990, for sub-section (3) substitute— "(3) This section has effect subject to

section 42AA.".

(5) In section 42A of the Corporations (Victoria)

Act 1990—

(a) sub-section (1) is repealed;
Federal Courts (Consequential Amendments) Act 2000

s. 15 Act No. 22/2000

(b) in sub-section (2), omit "as it applies as a law of Victoria,".

(6) After section 42A(3) of the Corporations

(Victoria) Act 1990 insert—

"(4) This section has effect subject to

section 42AA.".

15. New section 42AA inserted

After section 42A of the Corporations (Victoria)
Act 1990 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 Victoria has been made by an officer or officers of the Commonwealth and the

prosecution is proposed to be commenced in a court of Victoria, jurisdiction is conferred on the Supreme Court with respect to any
matter in which a person seeks a writ of
mandamus or prohibition 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 Corporations Law of Victoria is before a court of Victoria; or
(b)	an appeal arising out of such a prosecution is before a court of Victoria—

jurisdiction is conferred on the Supreme person who is or was the defendant in the prosecution seeks a writ of mandamus or

Federal Courts (Consequential Amendments) Act 2000

Act No. 22/2000 s. 15

prohibition or an injunction against an
officer or officers of the Commonwealth in
relation to a related criminal justice process
decision.

(3) Sub-sections (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;

"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—

(a)	a decision in connection with the investigation, committal for trial or prosecution of the defendant; and
(b)	appointment of investigators or

a decision in connection with the an investigation; and

(c) issue of a warrant, including a

a decision in connection with the warrant; and

(d) a decision requiring the
production of documents, the
giving of information or the
summoning of persons as
witnesses; and

Federal Courts (Consequential Amendments) Act 2000

s. 16 Act No. 22/2000

(e)

a decision in connection with an prosecution.'.

16. Amendment of sections 42B and 43

(1) In section 42B(1) of the Corporations (Victoria)

Act 1990, omit "as it applies as a law of
Victoria,".

(2) In section 43 of the Corporations (Victoria) Act

1990—

(a) in sub-section (1), omit "or to the Federal Court or to the Family Court";

(b) sub-sections (2) and (3) are repealed;

(c)	in sub-section (4), omit "to the Federal Court or to the Family Court or";
(d)	in sub-section (5), omit "or to the Family Court";
(e)	in sub-section (6), omit "to the Federal Court,";
(f)	in sub-section (7), omit "to the Federal Court, to the Family Court,".

17. Amendment of sections 44, 44A and 44AA

(1) In section 44 of the Corporations (Victoria) Act

1990, for sub-section (1) substitute—
"(1) This section applies to the following—

(a)	a proceeding with respect to a civil matter arising under the Corporations Law of Victoria 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

Federal Courts (Consequential Amendments) Act 2000

Act No. 22/2000	s. 17
court having jurisdiction under that sub-section or in the Federal Court.".

(2) In section 44(2) of the Corporations (Victoria)

Act 1990, for "Where", substitute "Subject to sub-sections (3), (4) and (5), if".

(3) After section 44(2) of the Corporations

(Victoria) Act 1990 insert—
'(3) If a proceeding with respect to a 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 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 sub- section (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

Federal Courts (Consequential Amendments) Act 2000

s. 17 Act No. 22/2000

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—

(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) to be appropriate, having regard to the
interests of justice, including the

the Federal Court considers the transfer 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

Federal Courts (Consequential Amendments) Act 2000

Act No. 22/2000

elsewhere in this Act, do not include that

matter.'.

(4) In section 44A of the Corporations (Victoria)

Act 1990—

(a) in sub-section (1), for "a court" substitute "a State Family Court";

(b) in sub-section (2)—

(i)  in paragraph (a), omit "in the Federal Court, or";

(ii)  in paragraph (b), omit "the Federal Court, or";

(iii)  in paragraph (c), omit "the Federal Court, or";

(iv) omit "to the Federal Court, or";

(v) omit ", as the case may be";

(c) in sub-section (3), for "another court" (where twice occurring) substitute "another State Family Court".

(5) After section 44A(4) of the Corporations

(Victoria) Act 1990 insert—

"(5) Nothing in this section confers on a court

jurisdiction that the court would not

otherwise have.".

(6) After section 44AA(6) of the Corporations

(Victoria) Act 1990 insert—

"(6A) Nothing in this section confers on a court

jurisdiction that the court would not
otherwise have.".

Federal Courts (Consequential Amendments) Act 2000

s. 18 Act No. 22/2000

18. Amendment of sections 45 to 54

(1) In the Corporations (Victoria) Act 1990—

(a) in section 45(3), in the definition of "relevant jurisdiction", paragraphs (a) and (b) are repealed;

(b) after section 45(3)(d) insert—

"; or

(e) jurisdiction conferred on a court of a State or the Capital Territory with respect to matters referred to in section 42(1A).";

(c) in section 46, after "Victoria", insert ", or in matters referred to in section 42(1A),".

(2) In section 50 of the Corporations (Victoria) Act

1990, for sub-section (1) substitute—
"(1) A judgment of a court of Victoria 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 Victoria 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.".

(3) In the Corporations (Victoria) Act 1990—

(a) in section 50(2), omit "the Federal Court, the Family Court," (where twice occurring);

(b) section 52 is repealed;

(c) in section 52A, sub-section (1) is repealed;

(d) in section 54(2)(a)(vii) omit ", and rules of court applied by the Federal Court because of a provision of this Act,".

Federal Courts (Consequential Amendments) Act 2000

s. 19
s. 19

Act No. 22/2000

19. Transitional provision

After section 96C of the Corporations (Victoria)

Act 1990 insert—

'96D. Application of section 42AA

(1) In this section—

"commencement" means the

commencement of section 15 of the
Federal Courts (Consequential

Amendments) Act 2000;

"related criminal justice process

decision", in relation to an offence, has

the same meaning as in section 42AA.

(2) The amendments made by section 15 of the

Federal Courts (Consequential 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

Federal Courts (Consequential Amendments) Act 2000

s. 19 Act No. 22/2000

prosecution, was commenced

before the commencement.

(3) The amendments made by section 15 of the

Federal Courts (Consequential 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—

(i)  the decision is the subject of an application that is before a court at the commencement; or

(ii) an appeal arising out of that

the prosecution of the offence, or before the commencement.'.

—————————
Federal Courts (Consequential Amendments) Act 2000

s. 20
s. 23

Act No. 22/2000

PART 5—GAS PIPELINES ACCESS (VICTORIA) ACT 1998

20. Gas Pipelines Access (Victoria) Act 1998 No. 31/1998.

(1) In section 9(1) of the Gas Pipelines Access

(Victoria) Act 1998, in the definition of "the

Court", omit "or the Federal Court".

(2) Divisions 2 and 3 of Part 3 of the Gas Pipelines

Access (Victoria) Act 1998 are repealed.

21. Amendment of section 20

(1) In section 20(1)(c) of the Gas Pipelines Access

(Victoria) Act 1998, omit "the Federal Court,

or by".

(2) In section 20(1)(f) of the Gas Pipelines Access

(Victoria) Act 1998, omit "the Federal Court, or

by".

22. Cross-boundary distribution pipelines

After section 20(1) of the Gas Pipelines Access
(Victoria) Act 1998, insert—

"(1A) Despite sub-section (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
distribution pipeline unless this State has
been determined to be the scheme participant
most closely connected to the pipeline.".

23. Supreme Court—limitation of jurisdiction

At the end of section 23 of the Gas Pipelines
Access (Victoria) Act 1998, insert—

"(2) It is the intention of section 20(1A) to alter

or vary section 85 of the Constitution Act
1975.".

Federal Courts (Consequential Amendments) Act 2000

Act No. 22/2000

—————————
Federal Courts (Consequential Amendments) Act 2000

Act No. 22/2000 s. 24

PART 6—JURISDICTION OF COURTS (CROSS-VESTING)

ACT 1987

24. Jurisdiction of Courts (Cross-vesting) Act 1987 No. 29/1987. Reprint No. 1

(1) In section 4 of the Jurisdiction of Courts (Cross-

vesting) Act 1987, sub-sections (1) and (2) are
repealed.

as at 9 May

1996.

(2) In section 4 of the Jurisdiction of Courts (Cross-

vesting) Act 1987, for sub-section (5)
substitute—
"(5) Sub-section (3) or (4) 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.".

(3) In section 5(1)(b) of the Jurisdiction of Courts

(Cross-vesting) Act 1987—

(a) sub-paragraph (i) is repealed;
(b) omit "or" at the end of sub-paragraph (ii);

(c) sub-paragraph (iii) is repealed.

(4) In section 5(1)(b)(ii)(A) of the Jurisdiction of

Courts (Cross-vesting) Act 1987, omit "this Act and";

(5) In section 5(4)(b) of the Jurisdiction of Courts (Cross-vesting) Act 1987, for sub-paragraph (ii) substitute—

"(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

Federal Courts (Consequential Amendments) Act 2000

s. 24	Act No. 22/2000
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".

(6) In section 5 of the Jurisdiction of Courts (Cross-
vesting) Act 1987, sub-section (5) is repealed.

(7) After section 5(8) of the Jurisdiction of Courts

(Cross-vesting) Act 1987, insert—

"(9) Nothing in this section confers on a court

jurisdiction that the court would not
otherwise have.".

Federal Courts (Consequential Amendments) Act 2000

Act No. 22/2000 s. 25

(8) After section 6(1) of the Jurisdiction of Courts

(Cross-vesting) Act 1987, insert—

"(1A) However, the court must only transfer so

of the court, within the jurisdiction
(including the accrued jurisdiction) of the

much of the proceeding as is, in the opinion section (2)(b), as the case may be.".

(9) In section 6(2) of the Jurisdiction of Courts

(Cross-vesting) Act 1987, for "be transferred, the proceeding" substitute "or part of a proceeding be transferred, the proceeding or part of the

proceeding".

25. New section 6A inserted

After section 6 of the Jurisdiction of Courts
(Cross-vesting) Act 1987 insert—

'6A. Special federal matters: Commonwealth

authorities or officers acting under the laws
of States

(1) This section applies to a proceeding (in this

section referred to as the "federal matter
proceeding") if—

(a)	a matter for determination in the proceeding is covered by paragraph (c) or (e) of the definition of "special federal matter" in section 3(1) of the Jurisdiction of Courts (Cross-vesting) Act 1987 of the Commonwealth; and
(b)	proceeding involves or relates to the exercise, or purported or proposed exercise, of functions or powers conferred on a Commonwealth

the matter for determination in the Commonwealth, by an enactment (in

Federal Courts (Consequential Amendments) Act 2000

s. 25	Act No. 22/2000
this sub-section referred to as "the State enactment") referred to in paragraph (ca) or (cb) of the definition of "enactment" in section 3(1) of the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth; and

(c)	the matter for determination in the proceeding arises out of, or relates to, another proceeding (in this section referred to as the "State matter proceeding") pending in any court of this State—
(i)	which arises, under the State

that arises, or a substantial part of enactment of another State; and

(ii) determination in which are
covered by paragraph (c) or (e) of
the definition of "special federal
matter" in section 3(1) of the
Jurisdiction of Courts (Cross-

none of the matters for Commonwealth—

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

Federal Courts (Consequential Amendments) Act 2000

Act No. 22/2000	s. 25
Family Court considers it appropriate to transfer the proceeding to the Supreme Court—

the Federal Court or the Family Court may federal matter proceeding.

transfer the proceeding to the Supreme

(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 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.

require the Supreme Court to transfer the
federal matter proceeding to the Federal

(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—

Federal Courts (Consequential Amendments) Act 2000

s. 26 Act No. 22/2000

"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.'.

26. Amendment of sections 10 to 17

In the Jurisdiction of Courts (Cross-vesting)

Act 1987—

(a) in section 10(a), omit "the Federal Court, the Family Court,";

(b) in section 11, sub-section (2) is repealed; (c) in section 14, sub-section (1) is repealed.

27. Supreme Court—limitation of jurisdiction

At the end of section 17 of the Jurisdiction of
Courts (Cross-vesting) Act 1987 insert—

"(2) It is the intention of section 6 as amended by

the Federal Courts (Consequential section 85 of the Constitution Act 1975.".

_______________
Federal Courts (Consequential Amendments) Act 2000

Act No. 22/2000 s. 28

PART 7—NATIONAL CRIME AUTHORITY (STATE

PROVISIONS) ACT 1984

28. National Crime Authority (State Provisions) Act 1984 No. 10157.
Reprint No. 2

In the National Crime Authority (State	as at
20 August
Provisions) Act 1984—	1998.
(a) in section 12(11), paragraph (a) is repealed; (b) section 15 is repealed; (c) in section 20—

(i)  in sub-section (1), omit "of the Federal Court or";

(ii)

in sub-section (1)(a), for "section 15" Commonwealth Act";

(iii)  in sub-sections (3) and (4), omit "of the Federal Court or".

29. Amendment of section 21 and repeal of section 22

(1) In section 21 of the National Crime Authority

(State Provisions) Act 1984—

(a)	sub-sections (2), (3), (4) and (5) are repealed;
(b)	in sub-section (6)(b), for "sub-section (2)" substitute "section 32(2) of the Commonwealth Act (as it has effect because of section 32B of that Act)";
(c)	sub-sections (7), (8), (9), (10) and (11) are repealed;
(d)	in sub-section (12)(a), for "sub-section (9)" substitute "section 32(8A) of the Commonwealth Act (as it has effect because of section 32B of that Act)";

Federal Courts (Consequential Amendments) Act 2000

s. 29 Act No. 22/2000

(e) in sub-section (12)(b) for "sub-section (8)" substitute "section 32(8) of the Commonwealth Act (as it has effect because of section 32B of that Act)";

(f) sub-sections (13) and (14) are repealed;

(g) in sub-section (15), paragraph (b) of the definition of "relevant day" is repealed;

(h) sub-sections (16) and (17) are repealed.

(2) Section 22 of the National Crime Authority

(State Provisions) Act 1984 is repealed.

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Federal Courts (Consequential Amendments) Act 2000

Act No. 22/2000 s. 30

PART 8—NEW TAX SYSTEM PRICE EXPLOITATION CODE

(VICTORIA) ACT 1999

No. 43/1999.

30. New Tax System Price Exploitation Code (Victoria) Act 1999

Division 3 of Part 5 of the New Tax System Price repealed.

31. Amendment of section 29

In section 29 of the New Tax System Price Exploitation Code (Victoria) Act 1999, in paragraph (a) of the definition of "Commonwealth

administrative laws"—

(a) in sub-paragraph (i), after "Commonwealth" insert "(excluding Part IVA)";

(b) sub-paragraph (ii) is repealed.

32. New section 33A inserted

After section 33 of the New Tax System Price
Exploitation Code (Victoria) Act 1999 insert—

"33A. Construction of references to Part IVA of Commonwealth AAT Act

For the purposes of sections 30 and 31, a reference in a provision of the Administrative Appeals Tribunal Act 1975 of the Commonwealth (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.".

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Federal Courts (Consequential Amendments) Act 2000

Notes Act No. 22/2000

NOTES

†

Minister's second reading speech—

Legislative Council: 12 April 2000

Legislative Assembly: 3 May 2000

The long title for the Bill for this Act was "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 and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Council: 12 April 2000

Legislative Assembly: 3 May 2000

Absolute majorities:

Legislative Council: 2 May 2000

Legislative Assembly: 11 May 2000