Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 138B

Conferring jurisdiction on State and Territory Courts

             (1)  Jurisdiction is conferred on the several courts of the States and Territories in relation to any matter arising under this Part or the Australian Consumer Law in respect of which a civil proceeding is instituted by a person other than the Commonwealth Minister or the Commission.

             (2)  However, subsection (1) does not apply in relation to a matter arising under:

                     (a)  Division 3 of Part 3-1 of the Australian Consumer Law; or

                     (b)  Part 3-5 of the Australian Consumer Law.

             (3)  The jurisdiction conferred by subsection (1) on the several courts of the States is conferred within the limits of their several jurisdictions, whether those limits are as to locality, subject matter or otherwise.

             (4)  The jurisdiction conferred by subsection (1) on the several courts of the Territories is conferred to the extent that the Constitution permits.

             (5)  This section is not to be taken to enable an inferior court of a State or a Territory to grant a remedy other than a remedy of a kind that the court is able to grant under the law of that State or Territory.



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