Federal Courts (Consequential Amendments) Act
2000
Act No. 22/2000
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1.
2.
1
Purpose
Commencement
1
2
PART 2—AGRICULTURAL AND VETERINARY CHEMICALS
(VICTORIA) ACT 1994
3.
4.
5.
6.
Agricultural and Veterinary Chemicals (Victoria) Act 1994
New section 18A inserted
18A. Construction of references to Part IVA of
Commonwealth AAT Act
Part 6 repealed
Statute law revision
PART 3—COMPETITION POLICY REFORM (VICTORIA) ACT
1995
7.
8.
9.
3
3
3
3
4
4
5
Competition Policy Reform (Victoria) Act 1995
Amendment of section 29
New section 33A inserted
33A. Construction of references to Part IVA of
Commonwealth AAT Act
5
5
5
PART 4—CORPORATIONS (VICTORIA) ACT 1990
6
10.
11.
5
6
6
12.
13.
14.
Corporations (Victoria) Act 1990
New section 36A inserted
36A. Construction of references to Part IVA of
Commonwealth AAT Act
Amendment of section 40
Amendment of section 41
Amendment of sections 42 and 42A
15.
New section 42AA inserted
9
i
6
7
7
7
Section
Page
42AA. Jurisdiction of Supreme Court in relation to certain
decisions made by Commonwealth officers
Amendment of sections 42B and 43
Amendment of sections 44, 44A and 44AA
Amendment of sections 45 to 54
Transitional provision
96D. Application of section 42AA
9
11
11
15
16
16
PART 5—GAS PIPELINES ACCESS (VICTORIA) ACT 1998
18
16.
17.
18.
19.
20.
21.
22.
23.
Gas Pipelines Access (Victoria) Act 1998
Amendment of section 20
Cross-boundary distribution pipelines
Supreme Court—limitation of jurisdiction
18
18
18
18
PART 6—JURISDICTION OF COURTS (CROSS-VESTING) ACT
1987
20
24.
25.
26.
27.
Jurisdiction of Courts (Cross-vesting) Act 1987
New section 6A inserted
6A.
Special federal matters: Commonwealth authorities or
officers acting under the laws of States
Amendment of sections 10 to 14
Amendment of section 17
PART 7—NATIONAL CRIME AUTHORITY (STATE
PROVISIONS) ACT 1984
28.
29.
National Crime Authority (State Provisions) Act 1984
Amendment of section 21 and repeal of section 22
PART 8—NEW TAX SYSTEM PRICE EXPLOITATION CODE
(VICTORIA) ACT 1999
30.
31.
32.
New Tax System Price Exploitation Code (Victoria) Act 1999
Amendment of section 29
New section 33A inserted
33A. Construction of references to Part IVA of
Commonwealth AAT Act
═══════════════
NOTES
20
22
22
25
25
26
26
26
28
28
28
28
28
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.
1
Federal Courts (Consequential Amendments) Act 2000
Act No. 22/2000
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.
_______________
2
s. 2
s. 3
Federal Courts (Consequential Amendments) Act 2000
Act No. 22/2000
PART 2—AGRICULTURAL AND VETERINARY
CHEMICALS (VICTORIA) ACT 1994
No. 73/1994.
Reprint
No. 1 as at
11 March
1999.
3. Agricultural and Veterinary Chemicals (Victoria) Act
1994
(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.".
3
Federal Courts (Consequential Amendments) Act 2000
Act No. 22/2000
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".
_______________
4
s. 5
s. 7
Federal Courts (Consequential Amendments) Act 2000
Act No. 22/2000
PART 3—COMPETITION POLICY REFORM (VICTORIA)
ACT 1995
No. 74/1995.
As amended
by Nos
43/1999 and
54/1999.
7. Competition Policy Reform (Victoria) Act 1995
Division 3 of Part 5 of the Competition Policy
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.".
—————————
5
Federal Courts (Consequential Amendments) Act 2000
Act No. 22/2000
s. 10
PART 4—CORPORATIONS (VICTORIA) ACT 1990
10. Corporations (Victoria) Act 1990
In section 3(1) of the Corporations (Victoria)
Act 1990—
(a) in paragraph (a) of the definition of
"Commonwealth administrative laws", after
"Commonwealth" insert "(excluding
Part IVA)";
(b) paragraph (b) of the definition of
"Commonwealth administrative laws" is
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
6
No. 80/1990.
Reprint No. 1
as at 1 May
1996.
Subsequently
amended by
Nos 46/1998
and 37/1999.
s. 12
Federal Courts (Consequential Amendments) Act 2000
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
State or the Capital Territory and related
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" substitute—
' "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
7
Federal Courts (Consequential Amendments) Act 2000
Act No. 22/2000
(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) whether before or after the
commencement of section 14(2) of the
Federal Courts (Consequential
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;
8
s. 14
s. 15
Federal Courts (Consequential Amendments) Act 2000
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
Court with respect to any matter in which the
person who is or was the defendant in the
prosecution seeks a writ of mandamus or
9
Federal Courts (Consequential Amendments) Act 2000
Act No. 22/2000
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) 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
10
s. 15
s. 16
Federal Courts (Consequential Amendments) Act 2000
Act No. 22/2000
(e) a decision in connection with an
appeal arising out of the
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
11
Federal Courts (Consequential Amendments) Act 2000
Act No. 22/2000
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
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
12
s. 17
s. 17
Federal Courts (Consequential Amendments) Act 2000
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) 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
13
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.".
14
s. 18
Federal Courts (Consequential Amendments) Act 2000
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,".
15
Federal Courts (Consequential Amendments) Act 2000
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
Amendments) Act 2000 apply 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
16
s. 19
s. 19
Federal Courts (Consequential Amendments) Act 2000
Act No. 22/2000
prosecution, was commenced
before the commencement.
(3) The amendments made by section 15 of the
Federal Courts (Consequential
Amendments) Act 2000 also apply 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—
(i) the decision is the subject of an
application that is before a court at
the commencement; or
(ii) the prosecution of the offence, or
an appeal arising out of that
prosecution, was commenced
before the commencement.'.
—————————
17
Federal Courts (Consequential Amendments) Act 2000
Act No. 22/2000
s. 23
20
PART 5—GAS PIPELINES ACCESS (VICTORIA) ACT 1998
20. Gas Pipelines Access (Victoria) Act 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.".
18
No. 31/1998.
Federal Courts (Consequential Amendments) Act 2000
Act No. 22/2000
—————————
19
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
(1) In section 4 of the Jurisdiction of Courts (Crossvesting) Act 1987, sub-sections (1) and (2) are
repealed.
(2) In section 4 of the Jurisdiction of Courts (Crossvesting) 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
20
No. 29/1987.
Reprint No. 1
as at 9 May
1996.
s. 24
Federal Courts (Consequential Amendments) Act 2000
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 (Crossvesting) 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.".
21
Federal Courts (Consequential Amendments) Act 2000
Act No. 22/2000
(8) After section 6(1) of the Jurisdiction of Courts
(Cross-vesting) Act 1987, 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.".
(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) 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 (in
22
s. 25
s. 25
Federal Courts (Consequential Amendments) Act 2000
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) that arises, or a substantial part of
which arises, under the State
enactment or a corresponding
enactment of another State; and
(ii) none of the matters for
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 (Crossvesting) Act 1987 of the
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
23
Federal Courts (Consequential Amendments) Act 2000
Act No. 22/2000
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. Section 5(4) does not apply to the
federal matter 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. However, 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—
24
s. 25
s. 26
Federal Courts (Consequential Amendments) Act 2000
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
Amendments) Act 2000 to alter or vary
section 85 of the Constitution Act 1975.".
_______________
25
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
In the National Crime Authority (State
Provisions) Act 1984—
(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"
substitute "section 24 of the
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)";
26
No. 10157.
Reprint No. 2
as at
20 August
1998.
s. 29
Federal Courts (Consequential Amendments) Act 2000
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.
—————————
27
Federal Courts (Consequential Amendments) Act 2000
Act No. 22/2000
s. 30
PART 8—NEW TAX SYSTEM PRICE EXPLOITATION CODE
(VICTORIA) ACT 1999
30. New Tax System Price Exploitation Code (Victoria)
Act 1999
Division 3 of Part 5 of the New Tax System Price
Exploitation Code (Victoria) Act 1999 is
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.".
═══════════════
28
No. 43/1999.
Federal Courts (Consequential Amendments) Act 2000
Act No. 22/2000
Notes
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
29