JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19, 1979
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - TABLE OF PROVISIONS
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979
No. 19 of 1979
TABLE OF PARTS AND SCHEDULE PART I-PRELIMINARY (Sections 1 and 2) PART II-AMENDMENTS OF THE COPYRIGHT ACT 1968 AND CONSEQUENTIAL AMENDMENT OF THE ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 (Sections 3-10) PART III-AMENDMENTS OF THE DESIGNS ACT 1906 (Sections 11-16) PART IV-AMENDMENTS OF THE ESTATE DUTY ASSESSMENT ACT 1914 (Sections 17-27) PART V-AMENDMENTS OF THE EXPORT INCENTIVE GRANTS ACT 1971 (Sections 28-32) PART VI-AMENDMENTS OF THE GIFT DUTY ASSESSMENT ACT 1941 (Sections 33-42) PART VII-AMENDMENT OF THE INCOME TAX ASSESSMENT ACT 1936 (Sections 43-44) PART VIII-AMENDMENTS OF THE LANDS ACQUISITION ACT 1955 (Sections 45-58)
PART IX-AMENDMENTS OF THE LOAN (DROUGHT BONDS) ACT 1969 (Sections 59-64) PART X-AMENDMENTS OF THE PATENTS ACT 1952 (Sections 65-74) PART XI-AMENDMENTS OF THE PAY-ROLL TAX (TERRITORIES) ASSESSMENT ACT 1971 (Sections 75-83) PART XII-AMENDMENTS OF THE SALES TAX ASSESSMENT ACT (No. 1) 1930 (Sections 84-93) PART XIII-AMENDMENTS OF THE STATES RECEIPTS DUTIES (ADMINISTRATION) ACT 1970 (Sections 94-102) PART XIV-AMENDMENTS OF THE STEVEDORING INDUSTRY CHARGE ASSESSMENT ACT 1947 (Sections 103-107) PART XV-AMENDMENTS OF THE TAXATION ADMINISTRATION ACT 1953 (Sections 108-113) PART XVI-AMENDMENTS OF THE WOOL TAX (ADMINISTRATION) ACT 1964 (Sections 114-122) PART XVII-AMENDMENTS OF OTHER ACTS (Section 123) PART XVIII-SAVINGS (Section 124) PART XIX-REMITTAL TO SUPREME COURT OF CERTAIN PROCEEDINGS PENDING IN HIGH COURT (Sections 125-128) SCHEDULE-AMENDMENTS OF ACTS
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 1. Short title.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979
No. 19 of 1979 An Act to amend the provisions of certain Acts relating to the jurisdiction of courts and of the Administrative Appeals Tribunal.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
PART I-PRELIMINARY Short title
PART II-AMENDMENTS OF THE COPYRIGHT ACT 1968 AND CONSEQUENTIAL AMENDMENT OF THE ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 3. Principal Act
3. The Copyright Act 1968 is in this Part referred to as the Principal Act.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 4.
4. After Division 4 of Part V of the Principal Act the following Division is inserted:
''Division 4A-Exercise of Jurisdiction and Appeals Exercise of jurisdiction
''131A. The jurisdiction of the Supreme Court of a State or Territory in an action under this Part shall be exercised by a single Judge of the Court. Appeals
''131B. (1) Subject to sub-section (2), a decision of a court (however constituted) under this Part is final and conclusive.
''(2) An appeal lies from a decision of a court under this Part-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 5. Restriction of importation of printed copies of works
5. Section 135 of the Principal Act is amended by adding at the end thereof the following sub-sections:
''(10) Where no appeal has been made to the Minister for Business and Consumer Affairs against a decision of the Comptroller-General made on or after 1 July 1976 not to grant permission under sub-section (6), an application may be made to the Administrative Appeals Tribunal for a review of the decision.
''(11) Where an application has been made to the Administrative Appeals Tribunal for a review of a decision referred to in sub-section (10), a person is not entitled to appeal to the Minister for Business and Consumer Affairs under sub-section (6) against that decision.''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 6. Reference of questions of law to Federal Court of Australia
6. Section 161 of the Principal Act is amended by omitting from sub-sections (1), (2), (3), (4), (5), (6) and (7) ''High Court'' (wherever occurring) and substituting ''Federal Court of Australia''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 7. Regulations as to procedure
7. Section 166 of the Principal Act is amended by omitting from paragraphs
(b) and (c) of sub-section (2) ''High Court'' and substituting ''Federal Court of Australia''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 8. Use of copyright material for services of the Crown
8. Section 183 of the Principal Act is amended-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 9. Savings
9. Where, before the commencement of this Part, a question of law was referred to the High Court under section 161 of the Principal Act, the provisions of section 161 of the Principal Act as in force immediately before the commencement of this Part apply in relation to that reference and to matters arising out of that reference.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 – SECT. 10. Amendment of Administrative Appeals Tribunal Act
10. The Schedule to the Administrative Appeals Tribunal Act 1975 is amended by omitting Part XI.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 11. Principal Act
PART III-AMENDMENTS OF THE DESIGNS ACT 1906
11. The Designs Act 1906 is in this Part referred to as the Principal Act.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 12. Interpretation
''4A. The Supreme Court of a Territory does not have jurisdiction in a proceeding, being-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 14. Design to be used in manufacture in Australia
14. Section 28 of the Principal Act is amended by omitting ''High Court'' and substituting ''Supreme Court''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 15. Rectification of register by Court
15. Section 39 of the Principal Act is amended by omitting sub-section (3).
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 16.
16. After Part VI of the Principal Act the following Part is inserted:
''PART VIA-EXERCISE OF JURISDICTION AND APPEALS Exercise of jurisdiction
''40A. Proceedings (other than criminal proceedings) under this Act in a Supreme Court shall be heard by a single Judge of the Court. Appeals
''40B. (1) Subject to sub-sections (2) and (3), a decision of a court (however constituted) under this Act is final and conclusive.
''(2) An appeal lies from a decision of a court under this Act-
''(3) This section does not apply in relation to criminal proceedings under this Act (other than proceedings for offences against section 32).''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 17. Principal Act
PART IV-AMENDMENTS OF THE ESTATE DUTY ASSESSMENT ACT 1914
17. The Estate Duty Assessment Act 1914 is in this Part referred to as the Principal Act.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 18. Objections, reviews and appeals
18. Section 24 of the Principal Act is amended-
''(4A) A request referred to in paragraph (a) of sub-section (4) shall be accompanied by a deposit of $2.''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 19. References to Valuation Board and appeals and references to courts
19. Section 25 of the Principal Act is amended-
''(7) The Commissioner or the objector may, within 30 days after the date of the decision, appeal to a Supreme Court from any decision of the Valuation Board under this section which involves a question of law.
''(8) The Valuation Board shall, upon the request of the Commissioner or the objector, refer any question of law arising before the Valuation Board to such Supreme Court as is agreed upon by the parties, or in the absence of agreement, to such Supreme Court as the Valuation Board considers appropriate.
''(9) An appeal or reference to a Supreme Court under this section shall be heard by a single Judge of the Court.
''(10) Except as provided in sub-section (11), an appeal does not lie from the decision of a Supreme Court constituted by a single Judge on an appeal or reference under this section.
''(11) The Commissioner or the objector may appeal against the decision of a Supreme Court on an appeal or reference under this section-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 20. References to Board of Review and appeals and references to courts
20. Section 26 of the Principal Act is amended-
''(9) The Commissioner or the objector may, within 30 days after the date of the decision, appeal to a Supreme Court from any decision of a Board of Review under this section which involves a question of law.
''(10) The Board of Review shall, upon the request of the Commissioner or the objector, refer any question of law arising before the Board of Review to such Supreme Court as is agreed upon by the parties or, in the absence of agreement, to such Supreme Court as the Board of Review considers appropriate.
''(11) An appeal or reference to a Supreme Court under this section shall be heard by a single Judge of the Court.
''(12) Except as provided in sub-section (13), an appeal does not lie from the decision of a Supreme Court constituted by a single Judge on an appeal or reference under this section.
''(13) The Commissioner or the objector may appeal against the decision of a Supreme Court on an appeal or reference under this section-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 21. Appeals
21. Section 27 of the Principal Act is amended-
''(6) An appeal does not lie from an order under this section except as provided in section 28.''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 22.
22. Sections 28 and 28A of the Principal Act are repealed and the following
sections are substituted: Appeals from orders under section 27
''28. The Commissioner or the objector may appeal against an order of a Supreme Court under section 27 made in proceedings instituted on or after the date of commencement of this section-
''28A. (1) The Supreme Court in which an appeal is instituted in accordance with section 27, may, if it thinks fit, state a case in writing for the opinion of the Federal Court of Australia upon a question of law arising on the appeal.
''(2) A Full Court of the Federal Court of Australia shall hear and, by order, determine the question, and remit the case with its opinion to the Supreme Court and may make such order as to the costs of the case stated as it thinks fit. Appeals to High Court
''28AA. An appeal does not lie from a decision of the Federal Court of Australia in a matter under this Part unless the High Court gives special leave to appeal. Transfer of proceedings
''28AB. (1) A Supreme Court in which proceedings under this Part have been instituted may, if the Court thinks fit, upon the application of a party made at any stage in the proceedings, by order, transfer the proceedings to another Supreme Court.
''(2) Where proceedings are transferred from a Court in pursuance of this section-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 23.
23. After section 28C of the Principal Act the following section is inserted in Part V: Practice and procedure of Supreme Courts
''28D. (1) Until regulations have been made under this Act for or in relation to the practice and procedure of a Supreme Court in proceedings to which this section applies, and so far as regulations so made do not make adequate provision, the High Court Rules as in force under the Judiciary Act 1903 immediately before the date of commencement of this section apply, so far as practicable, to and in relation to proceedings to which this section applies in like manner as they applied immediately before that date to and in relation to the like proceeding in the High Court.
''(2) This section applies to a proceeding in a Supreme Court, being-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 24. Duty-how payable
24. Section 38 of the Principal Act is amended by omitting from sub-section
(2) ''the High Court or''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 25. Commissioner may apply for order to sell
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 28. Principal Act
PART V-AMENDMENTS OF THE EXPORT INCENTIVE GRANTS ACT 1971
''28A. In this Part, unless the contrary intention appears, 'Supreme Court' means-
jurisdiction in the proceedings concerned. Jurisdiction of Supreme Courts of Territories
''28B. (1) Jurisdiction under this Part is conferred on the Supreme Court of the Australian Capital Territory or the Supreme Court of the Northern Territory of Australia only in a proceeding arising out of a determination made in relation to a person who, at the time of the institution of the proceeding-
''(2) In this section, 'the Australian Capital Territory' includes the Jervis Bay Territory. Transfer of proceedings
''28C. (1) A Supreme Court in which proceedings under this Part have been instituted (whether it has jurisdiction in the proceedings or not) may, if the Court thinks fit, upon the application of a party made at any stage in the proceedings, by order, transfer the proceedings to another Supreme Court having jurisdiction under this Part.
''(2) Where proceedings are transferred from a Court in pursuance of this section-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 30. References to Board of Review and appeals and references to courts
30. (1) Section 30 of the Principal Act is amended by omitting sub-sections
(5) and (6) and substituting the following sub-sections:
''(5) The Commissioner or the person who requested a review by a Board of Review may, within 30 days after the date of the decision, appeal to a Supreme Court from any decision of the Board under this section which involves a question of law.
''(6) The Board of Review shall, upon the request of the Commissioner or the person who requested a review by the Board, refer any question of law arising before the Board of Review to such Supreme Court as is agreed upon by the parties or, in the absence of agreement, to such Supreme Court as the Board of Review considers appropriate.
''(7) An appeal or reference to a Supreme Court under this section shall be heard by a single Judge of the Court.
''(8) Except as provided in sub-section (9), an appeal does not lie from the decision of a Supreme Court constituted by a single Judge on an appeal or reference under this section.
''(9) The Commissioner or the person who requested a review by the Board of Review may appeal against the decision of a Supreme Court on an appeal or reference under this section-
''(10) If the determination is varied in a manner favourable to the person who requested the review, either by an amendment or as a result of the decision of the Board of Review or of a court, the fee paid in accordance with sub-section (1) shall be refunded to him.
''(11) An appeal does not lie from a decision of the Federal Court of Australia in an appeal under this section unless the High Court gives special leave to appeal.''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 31.
31. After section 31 of the Principal Act the following section is inserted in Part IV: Practice and procedure of Supreme Court
''31A. (1) Until regulations have been made under this Act for or in relation to the practice and procedure of a Supreme Court in proceedings to which this section applies, and so far as regulations so made do not make adequate provision, the High Court Rules as in force under the Judiciary Act 1903 immediately before the date of commencement of this section apply, so far as practicable, to and in relation to a proceeding to which this section applies in like manner as they applied immediately before that date to and in relation to the like proceeding in the High Court.
''(2) This section applies to a proceeding in a Supreme Court, being-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 32. Regulations
32. Section 36 of the Principal Act is amended-
''(aa) the practice and procedure of a Supreme Court in proceedings under this Act; and''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 33. Principal Act
PART VI-AMENDMENTS OF THE GIFT DUTY ASSESSMENT ACT 1941
'' 'Supreme Court' means the Supreme Court of a State or Territory;''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 35. Objections and appeals
35. Section 31 of the Principal Act is amended-
''(4A) A request referred to in paragraph (a) of sub-section (4) shall be accompanied by a deposit of $2.''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 36. References to Valuation Board and appeals and references to courts
36. Section 32 of the Principal Act is amended-
''(7) The Commissioner or the objector may, within 30 days after the date of the decision, appeal to a Supreme Court from any decision of the Valuation Board under this section which involves a question of law.
''(8) The Valuation Board shall, upon the request of the Commissioner or the objector, refer any question of law arising before the Valuation Board to such Supreme Court as is agreed upon by the parties, or in the absence of agreement, to such Supreme Court as the Valuation Board considers appropriate.
''(9) An appeal or reference to a Supreme Court under this section shall be heard by a single Judge of the Court.
''(10) Except as provided in sub-section (11), an appeal does not lie from the decision of a Supreme Court constituted by a single Judge on an appeal or reference under this section.
''(11) The Commissioner or the objector may appeal against the decision of a Supreme Court on an appeal or reference under this section-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 37. References to Board of Review and appeals and references to courts
37. Section 33 of the Principal Act is amended-
(a) by omitting sub-section (1) and substituting the following sub-section:
''(1) Where the objector has, in accordance with section 31 or sub-section (6) of section 32, requested the Commissioner to refer a decision to a Board of Review, the Commissioner shall refer the decision to a Board of Review not later than 60 days after receipt of the request.''; and
(b) by omitting sub-section (9) and substituting the following sub-sections:
''(9) The Commissioner or the objector may, within 30 days after the date of the decision, appeal to a Supreme Court from any decision of a Board of Review under this section which involves a question of law.
''(10) The Board of Review shall, upon the request of the Commissioner or the objector, refer any question of law arising before the Board of Review to such Supreme Court as is agreed upon by the parties or, in the absence of agreement, to such Supreme Court as the Board of Review considers appropriate.
''(11) An appeal or reference to a Supreme Court under this section shall be heard by a single Judge of the Court.
''(12) Except as provided in sub-section (13), an appeal does not lie from the decision of a Supreme Court constituted by a single Judge on an appeal or reference under this section.
''(13) The Commissioner or the objector may appeal against the decision of a Supreme Court on an appeal or reference under this section-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 38. Appeals
38. Section 34 of the Principal Act is amended-
''(6) An appeal does not lie from an order under this section except as provided in section 35.''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 39.
39. Sections 35 and 36 of the Principal Act are repealed and the following sections substituted: Appeals from orders under section 34
''35. The Commissioner or the objector may appeal against an order of a Supreme Court under section 34 made in proceedings instituted on or after the date of commencement of this section-
''36. (1) The Supreme Court in which an appeal is instituted in accordance with section 34, may, if it thinks fit, state a case in writing for the opinion of the Federal Court of Australia upon a question of law arising on the appeal.
''(2) A Full Court of the Federal Court of Australia shall hear and, by order, determine the question, and remit the case with its opinion to the Supreme Court and may make such order as to the costs of the case stated as it thinks fit. Appeals to High Court
''36A. An appeal does not lie from a decision of the Federal Court of Australia in a matter under this Part unless the High Court gives special leave to appeal. Transfer of proceedings
''36B. (1) A Supreme Court in which proceedings under this Part have been instituted, may, if the Court thinks fit, upon the application of a party made at any stage in the proceedings, by order, transfer the proceedings to another Supreme Court.
''(2) Where proceedings are transferred from a Court in pursuance of this section-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 40.
40. After section 38 of the Principal Act the following section is inserted in Part VI: Practice and procedure of Supreme Courts
''38A. (1) Until regulations have been made under this Act for or in relation to the practice and procedure of a Supreme Court in proceedings to which this section applies, and so far as regulations so made do not make adequate provision, the High Court Rules as in force under the Judiciary Act 1903 immediately before the date of commencement of this section apply, so far as practicable, to and in relation to proceedings to which this section applies in like manner as they applied immediately before that date to and in relation to the like proceeding in the High Court.
''(2) This section applies to a proceeding in a Supreme Court, being-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 41. Regulations
41. Section 47 of the Principal Act is amended by omitting ''and for prescribing penalties not less than Two dollars or more than Forty dollars for any breach of the regulations'' and substituting:
''and, in particular-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 42. Saving
42. (1) Notwithstanding the amendments made by this Part but subject to Part XIX, an appeal to the High Court-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 43.
PART VII-AMENDMENT OF THE INCOME TAX ASSESSMENT ACT
43. After section 200 of the Income Tax Assessment Act 1936 the following
section is inserted: Appeals to High Court from Federal Court
''200A. An appeal does not lie from a decision of the Federal Court of Australia in a matter under this Part unless the High Court gives special leave to appeal.''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 44. Saving
44. The amendment made by this Part-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 45. Principal Act
PART VIII-AMENDMENTS OF THE LANDS ACQUISITION ACT 1955
45. The Lands Acquisition Act 1955 is in this Part referred to as the Principal Act.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 46. Supreme Court may adjust rights and determine basis of compensation
46. Section 13 of the Principal Act is amended by omitting from sub-sections
(1) and (3) ''the High Court or''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 47. Compensation for damage to land
47. Section 19 of the Principal Act is amended-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 48. Proceedings where claim rejected
48. Section 21 of the Principal Act is amended by omitting from sub-section
(1) ''the High Court or''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 49. Proceedings for determination of compensation
49. Section 28 of the Principal Act is amended-
Court, Local Court or other court of a State or Territory presided over by a
Judge or Magistrate''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 50. Determination of compensation on application of the Commonwealth
50. Section 29 of the Principal Act is amended by omitting paragraph (a) of sub-section (5) and substituting the following paragraph:
''(a) in relation to an application arising out of paragraph (a) of sub-section (1)-the Supreme Court or, where the Commonwealth does not make a request under sub-section (3), the Supreme Court or a court of a State or Territory, being a County Court, District Court, Local Court or other court presided over by a Judge or Magistrate; and''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 51. Court to ensure that acquisition is made on just terms
51. Section 31 of the Principal Act is amended by omitting from paragraph
(b) of sub-section (2) ''or the High Court''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 52. Order that claimant is entitled to compensation
52. Section 35 of the Principal Act is amended by omitting from sub-section
(1) ''the High Court or''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 53. Extent of powers under section 37
53. Section 38 of the Principal Act is amended by omitting from sub-section (3) ''the High Court or''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 54. Application of purchase money
54. Section 39 of the Principal Act is amended-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 55. Court may order stay of proceedings under mortgage
55. Section 44 of the Principal Act is amended by omitting from sub-section
(1) ''the High Court or''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 56. Vesting of lands in Commonwealth authorities
56. Section 52 of the Principal Act is amended by omitting ''Australia'' and substituting ''the Commonwealth''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 57. Jurisdiction of courts
57. Section 62 of the Principal Act is amended-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 58. Formal amendments
58. (1) Section 67 of the Principal Act and Schedule 1 and Schedule 2 to that Act are repealed.
(2) The repeal effected by this section does not affect the operation of the amendments effected by section 67 of the Principal Act.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 59. Principal Act
PART IX-AMENDMENTS OF THE LOAN (DROUGHT BONDS) ACT 1969
''15A. In this Part, unless the contrary intention appears, 'Supreme Court' means-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 61.
61. After section 25 of the Principal Act the following sections are
inserted: Jurisdiction of Supreme Courts of Territories
''25A. (1) Jurisdiction under this Part is conferred on the Supreme Court of the Australian Capital Territory or the Supreme Court of the Northern Territory of Australia only in a proceeding arising out of a request for a declaration made by a person who, at the time of the institution of the proceeding-
''(2) In this section, 'the Australian Capital Territory' includes the Jervis Bay Territory. Transfer of proceedings
''25B. (1) A Supreme Court in which proceedings under this Part have been instituted (whether it has jurisdiction in the proceedings or not) may, if the Court thinks fit, upon the application of a party made at any stage in the proceedings, by order, transfer the proceedings to another Supreme Court having jurisdiction under this Part.
''(2) Where proceedings are transferred from a Court in pursuance of this section-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 62. References to Board of Review and appeals to courts
62. (1) Section 26 of the Principal Act is amended by omitting sub-sections
(7) and (8) and substituting the following sub-sections:
''(7) The person or persons who directed the authorized person to refer the request to a Board of Review may, within 30 days after the date of the decision, appeal to a Supreme Court from any decision of the Board of Review that involves a question of law.
''(8) An appeal to a Supreme Court under this section shall be heard by a single Judge of the Court.
''(8A) On an appeal under this section a Supreme Court may make such order as it thinks fit, including an order directing the Board of Review to make a declaration in accordance with the request.
''(8B) Except as provided in sub-section (8C), an appeal does not lie from the decision of a Supreme Court constituted by a single Judge on an appeal under this section.
''(8C) The person or persons who directed the authorized person to refer the request to a Board of Review may appeal against the decision of a Supreme Court on an appeal under this section-
''(8D) An appeal does not lie from a decision of the Federal Court of Australia in a matter under this section unless the High Court gives special leave to appeal.''.
(2) Notwithstanding the amendment made by this section but subject to Part XIX, an appeal to the High Court in accordance with the provisions of section 26 of the Principal Act against a decision of a Board of Review given before the date of commencement of this Part may be instituted, heard and determined, and an appeal to the High Court instituted under that section before that date may be heard and determined, as if that amendment had not been made, and the provisions of the Principal Act apply in relation to such an appeal and to matters arising out of such an appeal.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 63.
63. After section 30 of the Principal Act the following section is inserted in Part III: Practice and procedure of Supreme Courts
''30A. Until regulations have been made under this Act for or in relation to the practice and procedure of a Supreme Court in an appeal under this Part, and so far as regulations so made do not make adequate provision, the High Court Rules as in force under the Judiciary Act 1903 immediately before the date of commencement of this section apply, so far as practicable, to and in relation to such an appeal in like manner as they applied immediately before that date to and in relation to the like proceeding in the High Court.''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 64. Regulations
64. Section 31 of the Principal Act is amended-
''(aa) for and in relation to the practice and procedure of a Supreme Court in respect of appeals under Part III; and''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 65. Principal Act
PART X-AMENDMENTS OF THE PATENTS ACT 1952
65. The Patents Act 1952 is in this Part referred to as the Principal Act.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 66. Trusts not recognized
''(2) Where-
that application or the application for the original patent, the time within which the application and complete specification may be accepted is extended until the expiration of 3 months after the determination or other disposal of the appeal or application for review or until the expiration of such further time as the court to which the appeal, or any further appeal, is brought, or the Administrative Appeals Tribunal, or the court to which any appeal arising out of the decision of the Administrative Appeals Tribunal is brought, as the case may be, allows.''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 69. Time for sealing
69. Section 66 of the Principal Act is amended-
''(3) Where the sealing of a patent is delayed by-
(a) opposition to the grant of the patent;
(b) the taking of proceedings for obtaining the decision of the Commissioner under section 63;
that patent, and any patent of addition the sealing of which is delayed in consequence of the delay in the sealing of the first-mentioned patent, may be sealed at such time as-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 70. Duration of patent of addition
70. Section 75 of the Principal Act is amended by omitting from sub-section
(3) ''the High Court'' and substituting ''a prescribed court''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 71. Jurisdiction of prescribed courts
71. Section 146 of the Principal Act is amended by adding at the end thereof the following sub-section:
''(4) The regulations may make provision for and in relation to the practice and procedure of prescribed courts in proceedings under this Act, including provision prescribing the time within which any proceeding may be instituted or any other act or thing may be done, and providing for the extension of any such time.''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 72. Appeals
72. Section 148 of the Principal Act is amended by adding at the end of sub-section (1) ''or a judgment or order of any other court in an action or proceeding referred to in section 113''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 73. Constitution of Tribunal
73. Section 151A of the Principal Act is repealed.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 74.Applications for licences
74. Section 159C of the Principal Act is amended by omitting from sub-section (2) ''a prescribed court'' and substituting ''the Administrative Appeals Tribunal''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 75. Principal Act
PART XI-AMENDMENTS OF THE PAY-ROLL TAX (TERRITORIES) ASSESSMENT ACT 1971
''37A. In this Part, 'Supreme Court' means the Supreme Court of the Australian Capital Territory or the Supreme Court of the Northern Territory of Australia.''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 77. References to Board of Review and appeals and references to courts
77. (1) Section 40 of the Principal Act is amended by omitting sub-sections
(5) and (6) and substituting the following sub-sections:
''(5) The Commissioner or an employer may, within 30 days after the date of the decision, appeal to a Supreme Court from any decision of the Board under this section which involves a question of law.
''(6) The Board of Review shall, upon the request of the Commissioner or an employer, refer any question of law arising before the Board of Review to such Supreme Court as is agreed upon by the parties or, in the absence of agreement, to such Supreme Court as the Board of Review considers appropriate.
''(7) An appeal or reference to a Supreme Court under this section shall be heard by a single Judge of the Court.
''(8) Except as provided in sub-section (9), an appeal does not lie from the decision of a Supreme Court constituted by a single Judge on an appeal or reference under this section.
''(9) The Commissioner or an employer may appeal against the decision of a Supreme Court on an appeal or reference under this section-
''(10) If the employer's liability or assessment is reduced, or the determination is varied in a manner favourable to the employer, either by an amendment or as a result of the decision of a Board of Review or of a court, the fee paid in accordance with sub-section (1) shall be refunded to him.
''(11) An appeal does not lie from a decision of the Federal Court of Australia in a matter under this section unless the High Court gives special leave to appeal.''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 78.
78. After section 40 of the Principal Act the following section is inserted: Transfer of proceedings
''40A. (1) A Supreme Court in which proceedings under this Part have been instituted may, if the Court thinks fit, upon the application of a party made at any stage in the proceedings, by order, transfer the proceedings to the other Supreme Court.
''(2) Where proceedings are transferred from a Court in pursuance of this section-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 79.
79. After section 41 of the Principal Act the following section is inserted in Part VI: Practice and procedure of Supreme Courts
''41A. (1) Until regulations have been made under this Act for or in relation to the practice and procedure of a Supreme Court in proceedings to which this section applies, and so far as regulations so made do not make adequate provision, the High Court Rules as in force under the Judiciary Act 1903 immediately before the date of commencement of this section apply, so far as practicable, to and in relation to a proceeding to which this section applies in like manner as they applied immediately before that date to and in relation to the like proceeding in the High Court.
''(2) This section applies to a proceeding in a Supreme Court, being-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 80.
80. (1) Section 50 of the Principal Act is repealed and the following section is substituted: Manner of institution of prosecutions
''50. A taxation prosecution may be instituted in the name of the Commissioner by action, information or other appropriate proceeding in the Supreme Court of a State or Territory and, when the prosecution is for a pecuniary penalty not exceeding $1,000 or the excess is abandoned, the taxation prosecution may be instituted in the name of the Commissioner or a Deputy Commissioner in a court of summary jurisdiction.''.
(2) The amendment made by this section does not affect the hearing and determination of a taxation prosecution instituted in the High Court before the date of commencement of this Part.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 81.
81. Section 52 of the Principal Act is repealed and the following section is substituted: Defendant to have right of trial in Supreme Court
''52. In a taxation prosecution where the penalty exceeds $500 and the excess is not abandoned, the defendant, within seven days after service of process, may elect in the prescribed manner to have the case tried in the Supreme Court of the State or Territory in which the prosecution has been instituted and thereupon the prosecution shall stand removed to that Supreme Court and shall be conducted as if it had been originally instituted in that Supreme Court.''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 82. Prosecution in accordance with practice rules
82. Section 53 of the Principal Act is amended by omitting ''the High Court or''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 83. Regulations
83. Section 70 of the Principal Act is amended by omitting from sub-section
(1) '', prescribing penalties not exceeding a fine of $40 for offences against the regulations.'' and substituting
''(a) for and in relation to the practice and procedure of a Supreme Court in proceedings to which section 41A applies; and
(b) prescribing penalties not exceeding a fine of $40 for offences against the regulations.''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 84. Principal Act
PART XII-AMENDMENTS OF THE SALES TAX ASSESSMENT ACT (No. 1) 1930
''39A. In this Part, 'Supreme Court' means-
''(2) In this section, 'the Australian Capital Territory' includes the Jervis Bay Territory. Transfer of proceedings
''39C. (1) A Supreme Court in which proceedings under this Part have been instituted (whether it has jurisdiction in the proceedings or not) may, if the Court thinks fit, upon the application of a party made at any stage in the proceedings, by order, transfer the proceedings to another Supreme Court having jurisdiction under this Part.
''(2) Where proceedings are transferred from a Court in pursuance of this section-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 86. References to Board of Review and appeals and references to courts
86. (1) Section 42 of the Principal Act is amended by omitting sub-section
(6) and substituting the following sub-sections:
''(6) The Commissioner or the taxpayer may, within 30 days after the date of the decision, appeal to a Supreme Court from any decision of the Board under this section which involves a question of law.
''(7) The Board shall, upon the request of the Commissioner or the taxpayer, refer a question of law arising before the Board to such Supreme Court as is agreed upon by the parties or, in the absence of agreement, to such Supreme Court as the Board considers appropriate.
''(8) An appeal or reference to a Supreme Court under this section shall be heard by a single Judge of the Court.
''(9) Except as provided in sub-section (10), an appeal does not lie from the decision of a Supreme Court constituted by a single Judge on an appeal or reference under this section.
''(10) The Commissioner or the taxpayer may appeal against the decision of a Supreme Court on an appeal or reference under this section-
''(11) An appeal does not lie from a decision of the Federal Court of Australia in a matter under this section unless the High Court gives special leave to appeal.''.
Act apply in relation to such an appeal or reference and to matters arising out of such an appeal or reference.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 87. Adjustment of tax consequent upon objections
''44A. (1) Until regulations have been made under this Act for or in relation to the practice and procedure of a Supreme Court in proceedings to which this section applies, and so far as regulations so made do not make adequate provision, the High Court Rules as in force under the Judiciary Act 1903 immediately before the date of commencement of this section apply, so far as practicable, to and in relation to a proceeding to which this section applies in like manner as they applied immediately before that date to and in relation to the like proceeding in the High Court.
''(2) This section applies to a proceeding in a Supreme Court, being-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 89.
89. (1) Section 54 of the Principal Act is repealed and the following section is substituted: Manner of institution of prosecutions
''54. Taxation prosecutions may be instituted in the name of the Commissioner by action, information or other appropriate proceeding in the Supreme Court of a State or Territory and, when the prosecution is for a pecuniary penalty not exceeding $1,000 or the excess is abandoned, the taxation prosecution may be instituted in the name of the Commissioner or a Deputy Commissioner in a County Court, District Court, Local Court or court of summary jurisdiction.''.
(2) The amendment made by this section does not affect the hearing and determination of a taxation prosecution instituted in the High Court before the date of commencement of this Part.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 90.
90. Section 56 of the Principal Act is repealed and the following section is substituted: Defendant to have right of trial in Supreme Court
''56. In a taxation prosecution instituted in a court other than a Supreme Court where the penalty exceeds $500 and the excess is not abandoned, the defendant, within 7 days after service of process, may elect in the prescribed manner to have the case tried in the Supreme Court of the State or Territory in which the prosecution has been instituted and thereupon the prosecution shall stand removed to that Supreme Court and shall be conducted as if it had been originally instituted in that Supreme Court.''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 91. Prosecution in accordance with practice rules
91. Section 57 of the Principal Act is amended by omitting ''the High Court or the Supreme Court of any State'' and substituting ''the Supreme Court of a State or Territory''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 92. Practice in, and appeals from, courts of summary jurisdiction
92. Section 58 of the Principal Act is amended-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 93. Regulations
93. Section 73 of the Principal Act is amended-
''(ab) for and in relation to the practice and procedure of a Supreme Court in proceedings to which section 44A applies; and''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 94. Principal Act
PART XIII-AMENDMENTS OF THE STATES RECEIPTS DUTIES (ADMINISTRATION) ACT 1970
''58. (1) The Commissioner or the person who requested the review by a Board of Review may, within 30 days after the date of the decision, appeal to the Supreme Court of a State from any decision of the Board under section 57 which
involves a question of law.
''(2) The Board of Review shall, upon the application of the Commissioner or the person who requested a review by a Board, refer any question of law arising before the Board to such Supreme Court of a State as is agreed upon by the parties, or in the absence of agreement, to such Supreme Court of a State as the Board of Review considers appropriate.
''(3) An appeal or reference to a Supreme Court under this section shall be heard by a single Judge of the Court.
''(4) Except as provided in sub-section (5), an appeal does not lie from the decision of a Supreme Court constituted by a single Judge on an appeal or reference under this section.
''(5) The Commissioner or the person who requested a review by a Board of Review may appeal against the decision of a Supreme Court on an appeal or reference under this section-
''(6) An appeal does not lie from a decision of the Federal Court of Australia in a matter under this section unless the High Court gives special leave to appeal. Transfer of proceedings
''58A. (1) A Supreme Court in which proceedings under this Part have been instituted may, if the Court thinks fit, upon the application of a party made at any stage in the proceedings, by order, transfer the proceedings to another Supreme Court having jurisdiction under this Part.
''(2) Where proceedings are transferred from a Court in pursuance of this section-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 96.
96. After section 59 of the Principal Act the following section is inserted in Part VI: Practice and procedure of Supreme Courts
''59A. (1) Until regulations have been made under this Act for or in relation to the practice and procedure of a Supreme Court in proceedings to which this section applies, and so far as regulations so made do not make adequate provision, the High Court Rules as in force under the Judiciary Act 1903 immediately before the date of commencement of this section apply, so far as practicable, to and in relation to a proceeding to which this section applies in like manner as they applied immediately before that date to and in relation to the like proceeding in the High Court.
''(2) This section applies to a proceeding in a Supreme Court, being-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 97. How prosecution instituted
97. (1) Section 68 of the Principal Act is amended-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 98.
98. Section 71 of the Principal Act is repealed and the following section is substituted: Defendant to have right of trial in Supreme Court
''71. In a prosecution instituted in a court of summary jurisdiction, where the penalty exceeds $500 and the excess is not abandoned, the defendant, within 7 days after service of process, may elect in the prescribed manner to have the case tried in the Supreme Court of the State in which the prosecution has been instituted, and thereupon the prosecution shall stand removed to that Supreme Court and shall be conducted as if it had been originally instituted in that Supreme Court.''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 99. Prosecution in accordance with practice rules
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 101. Appearance by Commissioner, &c.
101. Section 85 of the Principal Act is amended by omitting from sub-section
(1) '' or the Supreme Court of a State or Territory'' and substituting '', the Federal Court of Australia or the Supreme Court of a State''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 102. Regulations
102. Section 89 of the Principal Act is amended by omitting from sub-section
(1) ''prescribing penalties not exceeding a fine of One hundred dollars for offences against the regulations.'' and substituting:
''(a) for and in relation to the practice and procedure of a Supreme Court in respect of proceedings to which section 59A applies; and
(b) prescribing penalties not exceeding a fine of $100 for offences against the regulations.''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 103. Principal Act
PART XIV-AMENDMENTS OF THE STEVEDORING INDUSTRY CHARGE ASSESSMENT ACT 1947
''42. Prosecutions may be instituted in the name of the Commissioner by action, information or other appropriate proceeding in the Supreme Court of a State or Territory and, when the prosecution is for a pecuniary penalty not exceeding $1,000 or the excess is abandoned, the prosecution may be instituted in the name of the Commissioner or a Deputy Commissioner in a County Court, District Court, Local Court or court of summary jurisdiction.''.
(2) The amendment made by this section does not affect the hearing and determination of a prosecution instituted in the High Court before the date of commencement of this Part.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 105.
105. Section 45 of the Principal Act is repealed and the following section is substituted: Defendant to have right of trial in Supreme Court
''45. In a prosecution instituted in a court other than a Supreme Court, where the penalty exceeds $500 and the excess is not abandoned, the defendant, within 7 days after service of process, may elect in the prescribed manner to have the case tried in the Supreme Court of the State or Territory in which
the prosecution has been instituted, and thereupon the prosecution shall stand removed to that Supreme Court and shall be conducted as if it had been originally instituted in that Supreme Court.''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 106. Prosecution in accordance with practice rules
106. Section 46 of the Principal Act is amended by omitting ''in the High Court or the Supreme Court of any State'' and substituting ''in a Supreme Court''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 107. Practice in, and appeals from, courts of summary jurisdiction
107. Section 47 of the Principal Act is amended-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 108. Principal Act
PART XV-AMENDMENTS OF THE TAXATION ADMINISTRATION ACT
'' 'Supreme Court' means-
(a) the Supreme Court of a State; or
(b) the Supreme Court of the Australian Capital Territory or the Supreme Court of the Northern Territory of Australia, being a Court having jurisdiction in the proceedings concerned;''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 110. References to Board of Review and appeals and references to courts
110. (1) Section 14H of the Principal Act is amended-
(a) by omitting sub-sections (5) and (6) and substituting the following sub-sections:
''(5) The Commissioner or the person who requested a review by a Board of Review may, within 30 days after the date of the decision, appeal to a Supreme Court from any decision of the Board under this section which involves a question of law.
''(6) The Board of Review shall, upon the request of the Commissioner or the person who requested a review by the Board, refer any question of law arising before the Board of Review to such Supreme Court as is agreed upon by the parties or, in the absence of agreement, to such Supreme Court as the Board of Review considers appropriate.
''(6A) An appeal or reference to a Supreme Court under this section shall be heard by a single Judge of the Court.
''(6B) Except as provided in sub-section (6C), an appeal does not lie from the decision of a Supreme Court constituted by a single Judge on an appeal or reference under this section.
''(6C) The Commissioner or the person who requested a review by the Board of Review may appeal against the decision of a Supreme Court on an appeal or reference under this section-
''(6D) An appeal does not lie from a decision of the Federal Court of Australia in a matter under this section unless the High Court gives special leave to appeal.''; and
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 111.
111. After section 14H of the Principal Act the following sections are inserted: Jurisdiction of Supreme Courts of Territories
''14HA. (1) Jurisdiction under section 14H is conferred on the Supreme Court of the Australian Capital Territory or the Supreme Court of the Northern Territory of Australia only in a proceeding arising out of an application made under section 14B by a person who, at the time of the institution of the proceeding-
''(2) In this section, 'the Australian Capital Territory' includes the Jervis Bay Territory. Transfer of proceedings
''14HB. (1) A Supreme Court in which proceedings under section 14H have been instituted (whether it has jurisdiction in the proceedings or not) may, if the Court thinks fit, upon the application of a party made at any stage in the proceedings, by order, transfer the proceedings to another Supreme Court having jurisdiciton under that section.
''(2) Where proceedings are transferred from a Court in pursuance of this section-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 112.
112. After section 14O of the Principal Act the following section is inserted in Part IV: Practice and procedure of Supreme Courts
''14P. (1) Until regulations have been made under this Act for or in relation to the practice and procedure of a Supreme Court in proceedings to which this section applies, and so far as regulations so made do not make adequate provision, the High Court Rules as in force under the Judiciary Act 1903 immediately before the date of commencement of this section apply, so far as practicable, to and in relation to a proceeding to which this section applies in like manner as they applied immediately before that date to and in relation to the like proceeding in the High Court.
''(2) This section applies to a proceeding in a Supreme Court, being-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 113. Regulations
113. Section 18 of the Principal Act is amended by omitting '', prescribing penalties, by way of fines not exceeding $250, for offences against the regulations.'' and substituting:
''(a) for and in relation to the practice and procedure of a Supreme Court in proceedings to which section 14P applies; and
(b) prescribing penalties, by way of fines not exceeding $250, for offences against the regulations.''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 114. Principal Act
PART XVI-AMENDMENTS OF THE WOOL TAX (ADMINISTRATION) ACT 1964
114. The Wool Tax (Administration) Act 1964 is in this Part referred to as the Principal Act.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 115. Interpretation
115. Section 4 of the Principal Act is amended by inserting in sub-section
(5) ''(other than Part IX)'' after ''Act''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 116.
116. Before section 56 of the Principal Act the following sections are inserted in Part IX: Interpretation
''55A. In this Part, unless the contrary intention appears, 'Supreme Court' means-
''(2) In this section, 'the Australian Capital Territory' includes the Jervis Bay Territory. Transfer of proceedings
''55C. (1) A Supreme Court in which proceedings under this Part have been instituted (whether it has jurisdiction in the proceedings or not) may, if the Court thinks fit, upon the application of a party made at any stage in the proceedings, by order, transfer the proceedings to another Supreme Court having jurisdiction under this Part.
''(2) Where proceedings are transferred from a Court in pursuance of this section-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 117.
117. (1) Section 59 of the Principal Act is repealed and the following section is substituted: Appeals and references
''59. (1) The Commissioner or the person who requested the review by a Board of Review may, within 30 days after the date of the decision, appeal to a Supreme Court from any decision of the Board under section 58 which involves a question of law.
''(2) The Board of Review shall, upon the request of the Commissioner or the person who requested a review by a Board, refer any question of law arising before the Board to such Supreme Court as is agreed upon by the parties or, in the absence of agreement, to such Supreme Court as the Board considers appropriate.
''(3) An appeal or reference to a Supreme Court under this section shall be heard by a single Judge of the Court.
''(4) Except as provided in sub-section (5), an appeal does not lie from the decision of a Supreme Court constituted by a single Judge on an appeal or reference under this section.
''(5) The Commissioner or the person who requested a review by a Board of Review may appeal against the decision of a Supreme Court on an appeal or reference under this section-
''(6) An appeal does not lie from a decision of the Federal Court of Australia in a matter under this section unless the High Court gives special leave to appeal.''.
out of such an appeal or reference.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 118.
118. After section 60 of the Principal Act the following section is inserted in Part IX: Practice and procedure of Supreme Courts
''60A. (1) Until regulations have been made under this Act for or in relation to the practice and procedure of a Supreme Court in proceedings to which this section applies, and so far as regulations so made do not make adequate provision, the High Court Rules as in force under the Judiciary Act 1903 immediately before the date of commencement of this section apply, so far as practicable, to and in relation to a proceedings to which this section applies in like manner as they applied immediately before that date to and in relation to the like proceeding in the High Court.
''(2) This section applies to a proceeding in a Supreme Court, being-
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 119. How prosecution instituted
119. (1) Section 71 of the Principal Act is amended by omitting from sub-section (1) ''the High Court or in''.
(2) The amendment made by this section does not affect the hearing and determination of a proceeding instituted in the High Court before the date of commencement of this Part.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 120.
120. Section 74 of the Principal Act is repealed and the following section is substituted: Defendant to have right of trial in Supreme Court
''74. In a prosecution instituted in a court of summary jurisdiction, where the penalty exceeds $500 and the excess is not abandoned, the defendant, within 7 days after service of process, may elect in the prescribed manner to have the case tried in the Supreme Court of the State or Territory in which the prosecution has been instituted, and thereupon the prosecution shall stand removed to that Supreme Court and shall be conducted as if it had been originally instituted in that Supreme Court.''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 121. Prosecution in accordance with practice rules
121. Section 75 of the Principal Act is amended by omitting ''the High Court or''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 122. Regulations
122. Section 93 of the Principal Act is amended by omitting from sub-section
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 123.
Schedule
PART XVII-AMENDMENTS OF OTHER ACTS
123. The Acts specified in the Schedule are amended as set out in that Schedule.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 124. Savings
PART XVIII-SAVINGS
124. (1) The amendments to an Act made by Part II, III, VIII or XVII do not affect the hearing and determination of a proceeding instituted in, or removed into, a court under that Act before the date on which those amendments take effect.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 125. Remittal of certain proceedings PART XIX-REMITTAL TO SUPREME COURT OF CERTAIN PROCEEDINGS PENDING IN HIGH COURT
whose decision in the proceeding shall, subject to section 127, be final and conclusive.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 127. Appeals
(2) Where a person has, before the commencement of Part VI, requested the Commissioner of Taxation, in accordance with the Gift Duty Assessment Act 1941, to treat an objection as an appeal and forward it to the High Court, that person may, at any time before the objection is forwarded to the High Court, by an amendment of the request, request the Commissioner to forward the objection to the Supreme Court of a State or Territory and thereupon the provisions of Part VI of the Gift Duty Assessment Act 1941, as amended by this Act, apply as if the person had originally requested the Commissioner to forward the objection to that Supreme Court.
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JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SCHEDULE
SCHEDULE Section
AMENDMENTS OF ACTS
Acts Provisions Amendments
Air Navigation Act 1920 Section 25 . . . . Repeal. Arbitration (Foreign Awards and Agreements) Act 1974 Section
8 . . . . . (a) Omit sub-section (3).
(b) Omit from sub-section (4) ''sub-sections (1), (2) and (3)'', substitute
''sub-sections
(1) and (2)''. Banking Act 1959 . . . Section 14 (6) . . (a) Omit ''a Full Court of the
High Court constituted by not less than three Justices'', substitute ''a Full Court of
the Federal Court of Australia''.
(b) Omit ''High Court'' (second
occurring), substitute ''Court''. Section 65 . . . . (a) Omit from sub-section (1) ''a Full Court of the High
Court constituted by not less than three Justices'', substitute
''a Full Court of the Federal Court of Australia''.
''Federal Court of Australia''.
(d) Omit from sub-section (4) ''High Court'', substitute ''Federal Court of
Australia''. Section 69 (11) . . Omit ''High Court'' (wherever occurring), substitute ''Federal
Court of Australia''. Civil Aviation (Damage by Aircraft) Act 1958 Section 15 (2) (b) Omit sub-paragraph (i). Commonwealth Electoral
Act 1918 Section 164BB (2) . Omit ''any Federal court or''. Commonwealth Inscribed
Stock Act 1911 Section 21 . . . . Omit ''the High Court or''. Section 43 . . . . Omit ''the High Court, or''. Courts-Martial Appeals Act 1955 Section 50 . . . . (a)
Omit paragraphs (a) and (b) substitute:
Supreme Territory;
Territory-to or
(9)
invested
the
instituted of sub-section (2),
''(a) in the case of a contempt of the Tribunal committed in a State or an internal Territory-to the
Court of that State or
or
''(b) in the case of a contempt of the Tribunal committed elsewhere than in a State or an internal
the Supreme Court of any State
Territory,''.
and (10), substitute: ''(8) The several Supreme Courts of the States are
with federal jurisdiction, and jurisdiction is conferred on
several Supreme Courts of the Territories, to hear and determine proceedings,
in accordance with sub-
section | ||
---|---|---|
(2), in respect of a contempt | ||
of | ||
the Tribunal.''. | ||
Heading to Part V . | Omit ''HIGH COURT'', | |
substitute | ||
''FEDERAL COURT OF |
AUSTRALIA''. Sections 51, 52, 53, 54, 55 and 56 Omit ''High Court'' (wherever
occurring), substitute ''Federal
Court of Australia''. Sections 52 (2) (a) and 53 Omit ''Principal'' (wherever
occurring).
Section 59 . . . . Repeal. Crimes Act 1914 . . . Section 30A (1A) . Omit ''High Court or the Supreme
Court of a State'', substitute ''Federal Court of Australia''.
Section 30AA . . . (a) Omit from sub-section (1) ''High Court or to the Supreme Court of a State'', substitute ''Federal Court of
Australia''.
Australia''.
(d) omit from sub-section (9) ''Full Court of the High Court consisting of not less than
three Justices'', substitute ''Full Court of the Federal Court of Australia''.
Section 30FD . . . Omit ''the High Court or the Supreme Court of a State'',
substitute ''a court''. Customs Act 1901 . . . Section 198 . . . . Omit ''High Court or the''.
Section 221 . . . . Omit ''High Court or the | |
Supreme | |
Court of a State'', substitute | |
''Supreme Court of a State, | |
the | |
Supreme Court of the | |
Australian | |
Capital Territory or the | |
Supreme | |
Court of the Northern | |
Territory | |
of Australia''. | |
Section 227 . . . . Omit ''High Court or the | |
Supreme | |
Court of any State'', | |
substitute | |
''Supreme Court of a State, | |
the | |
Supreme Court of the | |
Australian | |
Capital Territory or the | |
Supreme | |
Court of the Northern | |
Territory | |
of Australia''. |
Section 245 . . . . (a) Omit paragraphs (a) and (b), substitute: ''(a) in the Supreme Court of a State;
(b) in the Supreme Court of the Australian Capital
Territory; or
(c) in the Supreme Court
of the Northern Territory of Australia,''.
(b) Omit paragraph (c), substitute:
''(d) any County Court, District Court, Local Court or court of summary jurisdiction
of a State or of the Australian Capital Territory or the
Northern Territory of Australia.''. Section 246 . . . . (a) Omit ''in the option of
the prosecutor either in the High Court or''.
(b) After ''State'' insert ''or Territory''.
Section 247 . . . . Omit ''the High Court or the Supreme Court of any State'', substitute ''a Supreme
Court''.
(b) Omit ''such State'', substitute ''a State or | |
---|---|
''or | Territory''. (c) After ''the State'' (wherever occurring) insert |
Defence Act 1903 . . . | Territory''. Section 91 (b) . . Omit ''the High Court or a Supreme Court or a Judge thereof'', substitute ''the |
this | Supreme Court of a State or an internal Territory or of an external Territory to which |
Act extends''. |
Defence (Special Undertakings) Act 1952 Section 30 . . .
. Repeal. Excise Act 1901 . . . Section 109 . . . . Omit ''High Court or
the Supreme Court of a State'', substitute ''Supreme Court of a State or Territory''.
Section 115 . . . . Omit ''High Court or the Supreme Court of any State'',
substitute ''Supreme Court of a State or Territory''.
Section 134 . . . . Omit paragraphs (a) and (b), substitute ''in the Supreme Court of a State or Territory''. Section 135 . . . . (a) Omit ''in the option of
the prosecutor either in the High Court or''.
(b) After ''State'' insert ''or Territory''.
Section 136 . . . . Omit ''the High Court or the Supreme Court of any State'', substitute ''a Supreme
Court''. Section 137 . . . . (a) Omit ''before Justices''.
(b) Omit ''such State'', | ||
---|---|---|
substitute ''a State or | ||
Territory''. | ||
(c) After ''the State'' | ||
(wherever occurring) insert | ||
''or | ||
Territory''. Federal Court of | ||
Australia Act 1976 | Section 20 (1) . . | Omit the sub-section, |
substitute: | ||
''(1) Except as otherwise | ||
provided by this Act or any | ||
other | ||
Act, the original jurisdiction | ||
of | ||
the Court in either Division | ||
shall be exercised by a single | ||
Judge.''. |
Division 3 of Part
III Insert the following section:
State Supreme
Courts invested
with
jurisdiction in
Chambers ''32A. (1) In
any matter
Division
of
to
that a first-mentioned in
of Court
pending in the General
of the Federal Court of Australia, the Supreme Court
a State is invested with federal jurisdiction
hear and determine any application
may be made to
Judge of the
court sitting
Chambers.
''(2) The jurisdiction under this section may be
exercised by a single Judge
the Supreme
sitting in Chambers, and
the | |
order of the | |
have | Judge shall |
the effect of | |
an | |
order of a | |
Judge | of the Federal |
Court of | |
Australia | |
sitting | in Chambers |
and | |
for | any appeal against the order, or proceedings |
enforcement of | |
the order or | |
for | |
contempt of | |
court | |
in relation to | |
shall | the order, |
be brought and dealt with as | |
if | |
the order were | |
an | |
order of a | |
Judge | of the Federal |
Court of |
Australia. | ||
---|---|---|
''(3) The | ||
power | ||
of the Judges | ||
of | ||
the Federal | ||
Court | ||
of Australia or | ||
a | ||
majority of | ||
them | ||
under section | ||
59 | ||
to make Rules | ||
of | ||
Court shall be | ||
deemed to | ||
extend | ||
to Rules of | ||
Court | ||
relating to | ||
the | ||
practice and | ||
procedure to | ||
be | ||
followed in | ||
applications | ||
in | ||
accordance | ||
with | ||
this | ||
section.''. | ||
Section 37 . . . . . | Repeal the section, | |
substitute: |
Writs, &c. ''37. All
writs, commissions
and process issued from the Court shall be-
(a) under
the seal of the Court; and
(b) signed by the Registrar,
a District Registrar or
an officer acting with the authority of
the Registrar or a District Registrar.''.
Section 47 (3) . . Omit the sub-section, substitute: ''(3) The Court or a Judge
may at any time, for sufficient reason and on such conditions
(if any) as the Court or Judge thinks necessary in the interests of
justice, direct or allow proof by affidavit at the trial of a
cause to such extent as the Court or Judge thinks fit.''.
Section 49 . . . . Omit ''read'' (wherever occurring), substitute ''made public''. Financial Agreements
(Commonwealth Liability) Act 1932 Section 4 (2) . . . Omit ''High
Court'', substitute
Foreign Takeovers Act 1975 sub-section (4) insert:
the
sub-section,
the Act
as Court
''Supreme Court of a State or Territory''.
Section 3 . . . . . After
''(4A) For the purposes of institution, after the commencement of this
of proceedings for an offence referred to in section 21 of
Companies (Foreign Takeovers) 1972, the reference in that section to the Commonwealth Industrial Court shall be read
a reference to the Federal of Australia.''.
Historic Shipwrecks Act 1976 Section 21 . . . . (a) Omit from sub-section (1)
''the High Court or''.
(b) Omit from sub-section (3)
''High Court and the''. Insurance (Deposits) Act 1932 Section 3 (1) . . . Omit the definition of ''The
Court''.
Section 17 . . . . Repeal the section, substitute:
Question to
be decided
by Treasurer ''17. (1) Where any
question arises under
this Act as to the net
liability or premium
income of any person
carrying on insurance
business, as to the
value of securities
deposited under this
Act or otherwise as to
the amount of a
deposit required by
this Act, the question
shall, for the
purposes of this Judiciary Act 1903 . . Section 21 . . . . After sub-section (2) insert-
Act, | ||||
---|---|---|---|---|
be decided by the | ||||
Treasurer, whose | ||||
decision is, | ||||
subject | ||||
to sub-section (2), | ||||
binding and | ||||
conclusive. | ||||
''(2) Applications | ||||
may | ||||
be made to the | ||||
Administrative | ||||
Appeals | ||||
Tribunal for review | ||||
of | ||||
decisions of the | ||||
Treasurer under | ||||
sub-section (1).''. | ||||
Section 18 (3) . . | Omit ''Court'' (first | |||
occurring), | ||||
substitute ''Federal Court of | ||||
Australia''. | ||||
Section 20 . . . . | (a) Omit sub-section (3). | |||
(b) Omit from sub-section (4) | ||||
''or as decided by the Court | ||||
on | ||||
appeal''. | ||||
Sections 24 and 25 | Repeal. |
''(3) The reference in sub-section (2) to the Supreme Court of a State sitting as a Full Court shall be read as a
reference to the Supreme Court of
a State when constituted by 2 or
more Judges, and includes the Supreme Court of a State when
so constituted for the purpose of sitting as the Court of Appeal
of the State.''. Section 35 . . . . (a) After sub-section (6) insert- ''(6A) An Act passed after the commencement of sub-section
(6) shall not be construed as intended to exclude the
operation of that sub-section unless
that Act expressly excludes the operation of that
sub-section.''.
Section 56 (2) . . Omit ''paragraph (c)'', substitute ''paragraphs (b) and (c)''. Overseas Telecommunications Act 1946 Section 66 . . . .
(a) Omit from sub-section (6) ''High Court'', substitute ''Supreme Court of a State or Territory (being, where the
claim arises from an acquisition of property, the Supreme Court of
the State or Territory in which the property was situated at the time of the acquisition)''.
(b) Omit from sub-section (8) ''Justice'', substitute ''Judge''.
Section 69 . . . . (a) Omit from sub-section (1) ''High Court'', substitute ''Supreme Court of a State or Territory (being, where the
claim arises from an acquisition of property, the Supreme Court of the State or Territory in
which the property was situated at the time of the acquisition)''.
(b) Omit from sub-section (2) ''Principal Registrar or a
Deputy Registrar'', substitute ''Registrar or other proper officer''.
(c) Omit from sub-section (3) ''Principal Registrar or the Deputy Registrar'', substitute ''Registrar or other proper officer''.
Section 70 . . . . Omit ''High Court'', substitute ''Supreme Court''. Parliamentary Contributory Superannuation Act 1948 Section
25 . . . . Repeal the section, substitute:
Review of | |
decisions ''25. (1) In this section- | |
'decision' has the | |
the | same meaning as in |
Administrative | |
Appeals but | Tribunal Act 1975, |
does not include a | |
of | decision in respect |
which an appeal has been made to the | |
High | Court before the |
commencement of | |
this | |
section; 'reviewable | |
decision' | |
means a decision of | |
the Trust or a | |
Trust, Act | delegate of the given under this |
or under the | |
regulations, and includes a decision | |
of |
the Trust, or a delegate of the
Trust,
that
this
may, writing
of day decision
person, further
given under the Parliamentary Contributory Superannuation Act 1948, or under the regulations under
Act, before the commencement of
section.
''(2) A person affected by a reviewable decision who is dissatisfied with the decision
by notice in
given to the Trust within the period
30 days after the
on which the
first comes to the notice of the
or within such
period as the Trust allows, request the Trust to reconsider the decision.
''(3) There shall | |
be | |
set out in the | |
request | |
the reasons for | |
making | |
the request. | |
''(4) Upon receipt | |
of | |
the request, the | |
Trust | |
shall reconsider | |
the | |
decision and may | |
confirm or revoke | |
the | |
decision or vary | |
the | |
decision in such | |
manner as it thinks | |
fit. | |
''(5) Where the | |
Trust | |
confirms, revokes | |
or | |
varies a decision, | |
the | |
Trust shall, by | |
notice | |
in writing served | |
either personally | |
or | |
by post on the | |
person | |
who made the | |
request, |
of | inform the person |
the result of the | |
Trust's | |
reconsideration of | |
the | |
decision and its | |
reasons for | |
revoking | confirming, or varying the decision, as the |
case | |
may be. ''(6) Applications may be made to the Administrative | |
Appeals | Tribunal for review |
of | |
reviewable | |
decisions | |
that have been | |
confirmed or varied | |
under sub-section | |
(4) | of this section and |
for review of | |
decisions of the | |
Trust | |
made under section | |
25 | |
of the |
Parliamentary Contributory Superannuation Act 1948 as amended and
in force before the commencement of
this
section.''. Patents Amendment Act 1976 Schedule . . . . . (a) Omit from paragraph 1 ''98
(6) (second occurring)''. Royal Commissions Act 1902 Section 60 (2) . . After ''Judge'' insert ''of any
other Federal Court, of the Supreme Court of a Territory or''.
Section 10 (1) . . Omit ''High Court'', substitute ''Federal Court of
Australia''. Section 10 (2) . . Omit. Section 11 . . . . Omit.
Seamen's Compensation Act 1911 Section 13 . . . . (a) Omit
from sub-section (1) ''a Justice of the High Court or''.
(b) After ''State'' insert in
sub-section (1) ''or Territory''.
(c) Omit from sub-sections
(1) and (3) ''Justice or''.
Service and Execution of Process Act 1901 Section 19C . . . . (a) Omit
from paragraph (a) of sub-section (1) ''a Justice of the High Court'', substitute
''a Judge of the Federal Court of Australia''.
of the High Court'', substitute
''the Sheriff of the Federal Court of Australia''. Trade Marks Act 1955 Section 48 . . . . Omit sub-sections (2) and (3), substitute: ''(2) Where, in respect of an application, an appeal under
any provision of this Act has been instituted or an application
has been made to the Administrative Appeals Tribunal for a review of a decision, the Registrar shall not give notice of the
until after
review such
further
Tribunal, appeal
case
the Tribunal, may
non-acceptance of the first-mentioned application
the expiration of 3 months
the determination or other disposal of the appeal or
or until the expiration of
further time as the court to which the appeal, or any
appeal, is brought, or the Administrative Appeals
or the court to which any
arising out of the decision of the Administrative Appeals Tribunal, is brought, as the
may be, allows. ''(3) Where-
(a) the time within which an appeal, or an application to
Administrative Appeals
mentioned in sub-section (2)
be instituted or made has not expired; or
(b) the applicant has died, the Registrar shall not give notice of the non-acceptance
of | ||
---|---|---|
the application for the registration of a trade mark until such time as he | ||
determines.''. | ||
substitute: | Section 54 . . . . | Omit sub-section (3), |
of | ''(3) Where the registration | |
mark; | a trade mark is delayed by- (a) opposition to the registration of the trade | |
prescribed | (b) an appeal to a | |
court; or | ||
Tribunal, | (c) an application to the Administrative Appeals | |
registered | that trade mark may be within such time as- | |
(d) in a case to which paragraph (a) applies-the Registrar directs; (e) in a case to which paragraph (b) applies-the prescribed court, or any court | ||
to | ||
appeal | which a further appeal is brought, directs, or, if the appeal or any such further is discontinued, the Registrar directs; or | |
(f) in a case to which |
paragraph (c) applies-the Tribunal, or a court to which
an appeal arising out of the decision of the Tribunal is brought, directs, or, if the proceedings before the
Tribunal are, or any such appeal is, discontinued, as the Registrar directs.''.
Section 111 (b) and
(c) Omit ''46'', substitute ''44''. Section 112 . . . . Add the following sub-section: ''(4) The regulations may make provision for and in relation
to the practice and procedure of prescribed courts in
proceedings under this Act, including provision prescribing the time within which any proceeding
may be instituted or any other act or thing may be done, and
providing for the extension of any such time.''.
Section 114 (1) . . At the end of the sub-section add ''or a judgment or order of any
other court in an action or proceeding referred to in
section | ||
---|---|---|
67''. | ||
Section 116A . . . | Repeal. | |
Treasury Bills Act 1914 | Section 10 (1) . . | Omit ''High |
Court'', substitute |
''Federal Court of Australia''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - NOTE
NOTE
1. Act No. 19, 1979; assented to 28 March 1979.