COMPETITION AND CONSUMER ACT 2010 - SECT 86 Jurisdiction of courts

COMPETITION AND CONSUMER ACT 2010 - SECT 86

  (1AA)   A reference in this section to this Act, or to a Part, Division or section of this Act, is a reference to this Act, or to that Part, Division or section, as it has effect as a law of the Commonwealth.

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

  (1A)   Jurisdiction is conferred on the Federal Circuit and Family Court of Australia (Division   2) in any matter arising under section   46, Part   IVB or IVBB, section   55B, subsection   56BO(1) or 56BU(1), section   56CD, Part   IVE, a civil penalty provision of a gas market instrument or a civil penalty provision of the consumer data rules in respect of which a civil proceeding is instituted by a person other than the Minister.

  (2)   The several courts of the States are invested with federal jurisdiction within the limits of their several jurisdictions, whether those limits are as to locality, subject - matter or otherwise, and, subject to the Constitution, jurisdiction is conferred on the several courts of the Territories, with respect to any matter arising under Part   IVB or IVBB, section   55B, subsection   56BO(1) or 56BU(1), section   56CD, Part   IVE, a civil penalty provision of a gas market instrument or a civil penalty provision of the consumer data rules in respect of which a civil proceeding is instituted by a person other than the Minister or the Commission.

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

  (3A)   The Supreme Court of a State is invested with federal jurisdiction with respect to any matter in respect of which a civil proceeding covered by section   45AI is instituted in that Court.

  (3B)   Subject to the Constitution, the Supreme Court of a Territory is conferred with jurisdiction with respect to any matter in respect of which a civil proceeding covered by section   45AI is instituted in that Court.

  (4)   The jurisdiction conferred by subsection   (1) on the Federal Court is exclusive of the jurisdiction of any other court other than:

  (a)   the jurisdiction of the Federal Circuit and Family Court of Australia (Division   2) under subsection   (1A); and

  (b)   the jurisdiction of the several courts of the States and Territories under subsection   (2); and

  (ba)   the jurisdiction of the Supreme Courts of the States under subsection   (3A); and

  (bb)   the jurisdiction of the Supreme Courts of the Territories under subsection   (3B); and

  (c)   the jurisdiction of the High Court under section   75 of the Constitution.