New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 96A)
Corporations (New South Wales) Amendment Act 19951 Interpretation In this Part:
"Court" means the Federal Court of Australia or the Supreme Court of a State or Territory.
"jurisdiction amendments" means the amendments made by Schedule 1 (1)-(23) to the Corporations (New South Wales) Amendment Act 1995 .
"jurisdiction commencement" means the commencement of the jurisdiction amendments.2 Application of jurisdiction amendments-general The jurisdiction amendments apply to proceedings commenced, or recommenced, after the jurisdiction commencement, whether the cause of action arose before or after that commencement.3 Effect of decision that court did not have jurisdiction(1) This clause applies if:(a) before the jurisdiction commencement, proceedings in respect of a civil matter under the Corporations Law of New South Wales were commenced in a court (the "first court") other than the Court, and(b) the first court, or another court on appeal from a decision of the first court, decided before the jurisdiction commencement that the first court did not have jurisdiction in respect of the matter, and(c) the decision that the first court did not have jurisdiction still stands at the jurisdiction commencement, and(d) the first court would have had jurisdiction in respect of the matter if the jurisdiction amendments had commenced before the cause of action arose.(2) The validity of the decision that the first court did not have jurisdiction is not affected by the jurisdiction amendments.(3) That decision does not affect a recommencement of the proceedings after the jurisdiction commencement.4 Effect of absence of decision that court did not have jurisdiction(1) This clause applies if:(a) before the jurisdiction commencement, proceedings in respect of a civil matter under the Corporations Law of New South Wales were commenced in a court (the "first court") other than the Court, and(b) either:(i) no court expressly decided, before the jurisdiction commencement, whether the first court had jurisdiction in respect of the matter, or(ii) a decision of the first court, or of another court on appeal from a decision of the first court, that the first court did have jurisdiction in respect of the matter still stands at the jurisdiction commencement.(2) For the purposes of any consideration by a court, after the jurisdiction commencement, of whether the first court had jurisdiction in respect of the matter, the first court is taken to have had jurisdiction in respect of the matter if it would have had that jurisdiction if the jurisdiction amendments had commenced before the cause of action arose.
Federal Courts (Consequential Provisions) Act 20005 Application of section 42AA(1) Section 42AA applies in relation to:(a) a decision made on or after the commencement of that section to prosecute a person for an offence, even if the conduct alleged to give rise to the offence occurred before that commencement, or(b) a related criminal justice process decision made on or after the commencement of that section in relation to an offence, even if either or both of the following apply:(i) the conduct alleged to give rise to the offence occurred before that commencement,(ii) the prosecution of the offence, or an appeal arising out of the prosecution, was commenced before that commencement.(2) Section 42AA also applies in relation to:(a) a decision made before the commencement of that section to prosecute a person for an offence, even if that decision is the subject of an application that is before a court at that commencement, or(b) a related criminal process decision made before the commencement of that section in relation to an offence, even if either or both of the following apply:(i) the decision is the subject of an application that is before a court at that commencement,(ii) the prosecution of the offence, or an appeal arising out of that prosecution, was commenced before that commencement.