Commonwealth Numbered Acts

JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SCHEDULE

SCHEDULE
Section 123

AMENDMENTS OF ACTS
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Acts                     Provisions            Amendments

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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''.

   (b)  Omit from sub-section (2)
''by the High Court''.

   (c)  Omit from sub-section (2)
''High Court'' (second
occurring), substitute ''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)
of sub-section (2), substitute:
''(a) in the case of a
contempt of the Tribunal
committed in a State or an
internal Territory-to the Supreme
Court of that State or Territory;
or
''(b) in the case of a
contempt of the Tribunal
committed elsewhere than in a
State or an internal Territory-to
the Supreme Court of any State or
Territory,''.

   (b)  Omit from sub-section (4)
''Justice or''.

   (c)  Omit sub-section (5).

   (d)  Omit sub-sections (8), (9)
and (10), substitute:
''(8) The several Supreme
Courts of the States are invested
with federal jurisdiction, and
jurisdiction is conferred on the
several Supreme Courts of the
Territories, to hear and
determine proceedings, instituted
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''.

   (b)  omit sub-section (6).

   (c)  omit from sub-section (8)
''High Court'', substitute
''Federal Court of 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''.
                         Section 248 . . . .   (a)  Omit ''before Justices''.


   (b)  Omit ''such State'',
substitute ''a State or
Territory''.

   (c)  After ''the State''
(wherever occurring) insert ''or
Territory''.
Defence Act 1903 . . .   Section 91 (b)  . .   Omit ''the High Court or a

Supreme Court or a Judge
thereof'', substitute ''the
Supreme Court of a State or an
internal Territory or of an
external Territory to which this
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
pending in the
General Division
of the Federal
Court of
Australia, the
Supreme Court of
a State is
invested with
federal
jurisdiction to
hear and
determine any
application that
may be made to a
Judge of the first-mentioned
court sitting in
Chambers.
''(2) The
jurisdiction
under this
section may be
exercised by a
single Judge of
the Supreme Court
sitting in
Chambers, and the
order of the
Judge shall have
the effect of an
order of a Judge
of the Federal
Court of
Australia sitting
in Chambers and
any appeal
against the
order, or
proceedings for
enforcement of
the order or for
contempt of court
in relation to
the order, shall
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
''Supreme Court of a State or
Territory''.
Foreign Takeovers Act 1975                     Section 3 . . . . .   After
sub-section (4) insert:
''(4A) For the purposes of the
institution, after the
commencement of this sub-section,
of proceedings for an offence
referred to in section 21 of the
Companies (Foreign Takeovers) Act
1972, the reference in that
section to the Commonwealth
Industrial Court shall be read as
a reference to the Federal Court
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 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.

Judiciary Act 1903 . .   Section 21  . . . .   After sub-section (2) insert-

''(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
same meaning as in the
Administrative  Appeals
Tribunal Act 1975 , but
does not include a
decision in respect of
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
delegate of the Trust,
given under this Act
or under the
regulations, and
includes a decision of
the Trust, or a
delegate of the Trust,
given under the
Parliamentary 
Contributory
Superannuation Act
1948 , or under the
regulations under that
Act, before the
commencement of this
section.
''(2) A person
affected by a
reviewable decision
who is dissatisfied
with the decision may,
by notice in writing
given to the Trust
within the period of
30 days after the day
on which the decision
first comes to the
notice of the person,
or within such further
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,
inform the person of
the result of the
Trust's
reconsideration of the
decision and its
reasons for
confirming, revoking
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) (first occurring),''.

   (b)  Omit from paragraph 2 '', 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''.

   (b)  Omit from paragraph (a) of
sub-section (1) ''the Justice'',
substitute ''the Judge''.

   (c)  Omit from paragraph (b) of
sub-section (2) ''the Marshall 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
non-acceptance of the
first-mentioned application until
the expiration of 3 months after
the determination or other
disposal of the appeal or 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.
''(3) Where-

   (a)  the time within which an
appeal, or an application to the
Administrative Appeals Tribunal,
mentioned in sub-section (2) may
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.''.
                         Section 54  . . . .   Omit sub-section (3),
substitute:
''(3) Where the registration of
a trade mark is delayed by-

   (a)  opposition to the
registration of the trade mark;

   (b)  an appeal to a prescribed
court; or

   (c)  an application to the
Administrative Appeals Tribunal,
that trade mark may be registered
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
which a further appeal is
brought, directs, or, if the
appeal or any such further appeal
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''.
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