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Queensland
FEDERAL COURTS
(CONSEQUENTIAL
AMENDMENTS) BILL 2001
Queensland
FEDERAL COURTS (CONSEQUENTIAL
AMENDMENTS) BILL 2001
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF AGRICULTURAL AND
VETERINARY CHEMICALS (QUEENSLAND) ACT 1994
2 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 8 (Ancillary offences (aiding, abetting, accessories,
attempts, incitement or conspiracy)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5 Amendment of s 16 (Application of Commonwealth administrative laws
in relation to applicable provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Insertion of new s 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
19 Construction of references to pt IVA of AAT Act (Cwlth) . . . . . . . . 7
7 Omission of pt 6 (Jurisdiction of courts). . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 3--AMENDMENT OF COMPETITION POLICY REFORM
(QUEENSLAND) ACT 1996
8 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Omission of pt 5, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Amendment of s 29 (Definition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
11 Insertion of new s 33A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
33A Construction of references to part IVA of AAT Act (Cwlth) . . . . . . . 8
PART 4--AMENDMENT OF CORPORATIONS (QUEENSLAND)
ACT 1990
12 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
13 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
14 Insertion of new s 36A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2
Federal Courts (Consequential Amendments) Bill 2001
36A Construction of references to part IVA of Commonwealth AAT Act 9
15 Amendment of s 40 (Operation of division) . . . . . . . . . . . . . . . . . . . . . . . . . 10
16 Amendment of s 41 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
17 Amendment of s 42 (Jurisdiction of Federal Court and State and Territory
Supreme Courts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
18 Amendment of s 42A (Jurisdiction of Family Court and State Family Courts) 11
19 Insertion of new s 42AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
42AA Jurisdiction of Supreme Court in relation to certain decisions
made by Commonwealth officers . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
20 Amendment of s 42B (Jurisdiction of lower courts) . . . . . . . . . . . . . . . . . . . 13
21 Amendment of s 43 (Appeals). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
22 Amendment of s 44 (Transfer of proceedings by the Federal Court and
State and Territory Supreme Courts). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
23 Amendment of s 44A (Transfer of proceedings by Family Court and
State Family Courts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
24 Amendment of s 44AA (Transfer of proceedings in lower courts) . . . . . . . . 16
25 Amendment of s 45 (Conduct of proceedings) . . . . . . . . . . . . . . . . . . . . . . . 16
26 Amendment of s 46 (Courts to act in aid of each other) . . . . . . . . . . . . . . . . 17
27 Amendment of s 50 (Enforcement of judgments etc.) . . . . . . . . . . . . . . . . . 17
28 Omission of s 52 (Rules of the Federal Court) . . . . . . . . . . . . . . . . . . . . . . . 17
29 Amendment of s 52A (Rules of the Family Court or State Family Court) . . 17
30 Amendment of s 54 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
31 Insertion of new s 96E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
96E Application of section 42AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
PART 5--AMENDMENT OF GAS PIPELINES ACCESS
(QUEENSLAND) ACT 1998
32 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
33 Amendment of s 11 (Interpretation of some expressions in the Gas
Pipelines Access (Queensland) Law and the Gas Pipelines Access
(Queensland) Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
34 Omission of pt 3, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
35 Omission of pt 3, divs 2 and 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
36 Amendment of s 55 (Actions in relation to cross-boundary pipelines). . . . . 19
3
Federal Courts (Consequential Amendments) Bill 2001
PART 6--AMENDMENT OF JURISDICTION OF COURTS
(CROSS-VESTING) ACT 1987
37 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
38 Amendment of s 3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
39 Amendment of s 4 (Vesting of additional jurisdiction in certain courts) . . . 20
40 Amendment of s 5 (Transfer of proceedings) . . . . . . . . . . . . . . . . . . . . . . . . 21
41 Amendment of s 6 (Special federal matters) . . . . . . . . . . . . . . . . . . . . . . . . . 22
42 Insertion of new s 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
6A Special federal matters--Commonwealth authorities or officers
acting under the laws of States. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
43 Amendment of s 10 (Transfer of matters arising under Part V, Division 1
or 1A of the Trade Practices Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
44 Amendment of s 11 (Conduct of proceedings) . . . . . . . . . . . . . . . . . . . . . . . 25
45 Amendment of s 14 (Enforcement and effect of judgments) . . . . . . . . . . . . 25
PART 7--AMENDMENT OF NATIONAL CRIME AUTHORITY
(STATE PROVISIONS) ACT 1985
46 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
47 Amendment of s 12 (Search warrants) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
48 Amendment of s 20 (Warrant for arrest of witness) . . . . . . . . . . . . . . . . . . . 26
49 Amendment of s 21 (Applications to Federal Court of Australia) . . . . . . . . 26
50 Omission of s 22 (Applications to Supreme Court of Queensland) . . . . . . . 27
PART 8--AMENDMENT OF NEW TAX SYSTEM PRICE
EXPLOITATION CODE (QUEENSLAND) ACT 1999
51 Act amended in pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
52 Amendment of s 26 (Definition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
53 Amendment of s 27 (Application of Commonwealth administrative laws
to New Tax System Price Exploitation Code of this jurisdiction). . . . . . . . . 28
54 Amendment of s 28 (Application of Commonwealth administrative laws
to New Tax System Price Exploitation Codes of other jurisdictions) . . . . . . 28
55 Insertion of new s 30A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
30A Construction of references to part IVA of AAT Act (Cwlth) . . . . . . . 28
2001
A BILL
FOR
An Act to make further amendments consequential on the matters
dealt with by the Federal Courts (State Jurisdiction) Act 1999 or by
Commonwealth legislation relating to federal courts and tribunals
s1 6 s3
Federal Courts (Consequential Amendments)
Bill 2001
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Federal Courts (Consequential 4
Amendments) Act 2001. 5
PART 2--AMENDMENT OF AGRICULTURAL AND 6
VETERINARY CHEMICALS (QUEENSLAND) ACT 1994 7
2 Act amended in pt 2
Clause 8
This part amends the Agricultural and Veterinary Chemicals 9
(Queensland) Act 1994. 10
3 Amendment of s 3 (Definitions)
Clause 11
(1) Section 3, definition "Commonwealth administrative laws", 12
paragraph (a)(i), after `1975'-- 13
insert-- 14
`, excluding part IVA'. 15
(2) Section 3, definition "Commonwealth administrative laws", 16
paragraph (a)(ii)-- 17
omit. 18
(3) Section 3, definition "Commonwealth administrative laws", 19
paragraphs (a)(iii) to (v)-- 20
renumber as paragraphs (a)(ii) to (iv). 21
s4 7 s8
Federal Courts (Consequential Amendments)
Bill 2001
4 Amendment of s 8 (Ancillary offences (aiding, abetting,
Clause 1
accessories, attempts, incitement or conspiracy)) 2
Section 8(1), definition "Commonwealth ancillary criminal laws", 3
paragraph (b), from `because'-- 4
omit. 5
5 Amendment of s 16 (Application of Commonwealth
Clause 6
administrative laws in relation to applicable provisions) 7
Section 16(2), from `or the' to `section 13,'-- 8
omit. 9
6 Insertion of new s 19
Clause 10
Part 5-- 11
insert-- 12
`19 Construction of references to pt IVA of AAT Act (Cwlth) 13
`For the purposes of section 16, a reference in a provision of the 14
Administrative Appeals Tribunal Act 1975 (Cwlth), as the provision applies 15
as a law of this jurisdiction, to the whole or any part of part IVA of that Act 16
is taken to be a reference to the whole or any part of that part as it has effect 17
as a law of the Commonwealth.'. 18
7 Omission of pt 6 (Jurisdiction of courts)
Clause 19
Part 6-- 20
omit. 21
PART 3--AMENDMENT OF COMPETITION POLICY 22
REFORM (QUEENSLAND) ACT 1996 23
8 Act amended in pt 3
Clause 24
This part amends the Competition Policy Reform (Queensland) Act 25
1996. 26
s9 8 s 11
Federal Courts (Consequential Amendments)
Bill 2001
9 Omission of pt 5, div 3
Clause 1
Part 5, division 3-- 2
omit. 3
10 Amendment of s 29 (Definition)
Clause 4
(1) Section 29, definition "Commonwealth administrative laws", 5
paragraph (a)(i), after `(Cwlth)'-- 6
insert-- 7
`, excluding part IVA'. 8
(2) Section 29, definition "Commonwealth administrative laws", 9
paragraph (a)(ii)-- 10
omit. 11
(3) Section 29, definition "Commonwealth administrative laws", 12
paragraph (a)(iii) to (v)-- 13
renumber as paragraph (a)(ii) to (iv). 14
11 Insertion of new s 33A
Clause 15
Part 5-- 16
insert-- 17
`33A Construction of references to part IVA of AAT Act (Cwlth) 18
`For the purposes of sections 30 and 31, a reference in a provision of the 19
Administrative Appeals Tribunal Act 1975 (Cwlth), as that provision 20
applies as a law of this jurisdiction, to the whole or any part of part IVA of 21
that Act is taken to be a reference to the whole or any part of that part as it 22
has effect as a law of the Commonwealth.'. 23
s 12 9 s 14
Federal Courts (Consequential Amendments)
Bill 2001
PART 4--AMENDMENT OF CORPORATIONS 1
(QUEENSLAND) ACT 1990 2
12 Act amended in pt 4
Clause 3
This part amends the Corporations (Queensland) Act 1990. 4
13 Amendment of s 3 (Definitions)
Clause 5
(1) Section 3(1), definition "Family Court"-- 6
omit. 7
(2) Section 3(1)-- 8
insert-- 9
` "Commonwealth authority" means an authority or body (whether 10
incorporated or not) that is established or continued in existence by or 11
under an Act of the Commonwealth. 12
"officer of the Commonwealth" has the same meaning as in section 75(v) 13
of the Constitution of the Commonwealth.'. 14
(3) Section 3(1), definition "Commonwealth administrative laws", 15
paragraphs (a) and (b)-- 16
omit, insert-- 17
`(a) the Administrative Appeals Tribunal Act 1975 (Cwlth), excluding 18
part IVA;'. 19
(4) Section 3(1), definition "Commonwealth administrative laws", 20
paragraphs (c) to (e)-- 21
renumber as paragraphs (b) to (d). 22
14 Insertion of new s 36A
Clause 23
After section 36-- 24
insert-- 25
`36A Construction of references to part IVA of Commonwealth AAT 26
Act 27
`For the purposes of sections 35 and 36, a reference in a provision of the 28
Administrative Appeals Tribunal Act 1975 (Cwlth) (as that provision 29
s 15 10 s 17
Federal Courts (Consequential Amendments)
Bill 2001
applies as a law of this jurisdiction) to the whole or any part of part IVA of 1
that Act is taken to be a reference to the whole or any part of that part as it 2
has effect as a law of the Commonwealth.'. 3
15 Amendment of s 40 (Operation of division)
Clause 4
Section 40(1)-- 5
insert-- 6
`(c) the jurisdiction of courts in respect of matters arising under the 7
Administrative Decisions (Judicial Review) Act 1977 (Cwlth) 8
involving or related to decisions made under the Corporations 9
Law of a State or the Capital Territory by Commonwealth 10
authorities and officers of the Commonwealth; and 11
(d) the jurisdiction of courts in civil matters in respect of decisions 12
made by officers of the Commonwealth to prosecute persons for 13
offences against the Corporations Law of a State or the Capital 14
Territory and related criminal justice process decisions;'. 15
16 Amendment of s 41 (Interpretation)
Clause 16
(1) Section 41(1), definition "superior court"-- 17
omit. 18
(2) Section 41(1)-- 19
insert-- 20
` "superior court" means the Supreme Court of a State or Territory or a 21
State Family Court.'. 22
(3) Section 41(2)(a)(viii)-- 23
omit. 24
(4) Section 41(2)(a)(ix)-- 25
renumber as section 41(2)(a)(viii). 26
17 Amendment of s 42 (Jurisdiction of Federal Court and State and
Clause 27
Territory Supreme Courts) 28
(1) Section 42, heading, `Federal Court and'-- 29
omit. 30
s 18 11 s 18
Federal Courts (Consequential Amendments)
Bill 2001
(2) Section 42(1), `as it applies as a law of Queensland,'-- 1
omit. 2
(3) Section 42-- 3
insert-- 4
`(1A) Despite section 9 of the Administrative Decisions (Judicial 5
Review) Act 1977 (Cwlth), jurisdiction is conferred on the Supreme Court 6
of Queensland and of each other State and the Capital Territory with 7
respect to matters arising under that Act involving or related to decisions 8
made, or proposed to be made, under the Corporations Law of a State or 9
the Capital Territory by a Commonwealth authority or an officer of the 10
Commonwealth. 11
`(1B) Subsection (1A) applies to a decision made, or proposed or 12
required to be made-- 13
(a) whether or not in the exercise of a discretion; and 14
(b) whether before or after the commencement of this subsection.'. 15
(4) Section 42(2), after `subsection (1)'-- 16
insert-- 17
`or (1A)'. 18
(5) Section 42(3)-- 19
omit, insert-- 20
`(3) This section has effect subject to section 42AA.'. 21
18 Amendment of s 42A (Jurisdiction of Family Court and State
Clause 22
Family Courts) 23
(1) Section 42A, heading, `Family Court and'-- 24
omit. 25
(2) Section 42A(1)-- 26
omit. 27
(3) Section 42A(2), `as it applies as a law of Queensland,'-- 28
omit. 29
(4) Section 42A-- 30
s 19 12 s 19
Federal Courts (Consequential Amendments)
Bill 2001
insert-- 1
`(4) This section has effect subject to section 42AA.'. 2
19 Insertion of new s 42AA
Clause 3
After section 42A-- 4
insert-- 5
`42AA Jurisdiction of Supreme Court in relation to certain decisions 6
made by Commonwealth officers 7
`(1) If a decision to prosecute a person for an offence against the 8
Corporations Law of Queensland has been made by an officer or officers of 9
the Commonwealth and the prosecution is proposed to be commenced in a 10
court of Queensland, jurisdiction is conferred on the Supreme Court with 11
respect to any matter in which a person seeks a prerogative order or an 12
injunction against the officer or officers in relation to that decision. 13
`(2) At any time when-- 14
(a) a prosecution for an offence against the Corporations Law of 15
Queensland is before a court of Queensland; or 16
(b) an appeal arising out of such a prosecution is before a court of 17
Queensland; 18
jurisdiction is conferred on the Supreme Court with respect to any matter in 19
which the person who is or was the defendant in the prosecution seeks a 20
prerogative order or an injunction against an officer or officers of the 21
Commonwealth in relation to a related criminal justice process decision. 22
`(3) Subsections (1) and (2) have effect despite anything in this Act or in 23
any other law. 24
`(4) In this section-- 25
"appeal" includes an application for a new trial and a proceeding to review 26
or call in question the proceedings, decision or jurisdiction of a court 27
or judge. 28
"prerogative order" means an order the relief or remedy under which is in 29
the nature of, and to the same effect as, a writ of mandamus or 30
prohibition. 31
"related criminal justice process decision", in relation to an offence, 32
means a decision, other than a decision to prosecute, made in the 33
criminal justice process in relation to the offence, including-- 34
s 20 13 s 22
Federal Courts (Consequential Amendments)
Bill 2001
(a) a decision in connection with the investigation, committal for 1
trial or prosecution of the defendant; and 2
(b) a decision in connection with the appointment of investigators or 3
inspectors for the purposes of such an investigation; and 4
(c) a decision in connection with the issue of a warrant, including a 5
search warrant or a seizure warrant; and 6
(d) a decision requiring the production of documents, the giving of 7
information or the summoning of persons as witnesses; and 8
(e) a decision in connection with an appeal arising out of the 9
prosecution.'. 10
20 Amendment of s 42B (Jurisdiction of lower courts)
Clause 11
Section 42B(1), `as it applies as a law of Queensland'-- 12
omit. 13
21 Amendment of s 43 (Appeals)
Clause 14
(1) Section 43(1), `or to the Federal Court or to the Family Court'-- 15
omit. 16
(2) Section 43(2) and (3)-- 17
omit. 18
(3) Section 43(4), `to the Federal Court, to the Family Court,'-- 19
omit. 20
(4) Section 43(5), `or to the Family Court'-- 21
omit. 22
(5) Section 43(6), `to the Federal Court,'-- 23
omit. 24
22 Amendment of s 44 (Transfer of proceedings by the Federal Court
Clause 25
and State and Territory Supreme Courts) 26
(1) Section 44, heading-- 27
omit, insert-- 28
s `44 14 s `44
Federal Courts (Consequential Amendments)
Bill 2001
`44 Transfer of proceedings'. 1
(2) Section 44(1)-- 2
omit, insert-- 3
`(1) This section applies to the following-- 4
(a) a proceeding with respect to a civil matter arising under the 5
Corporations Law of Queensland that is in a court having 6
jurisdiction under section 42(1) or (2); 7
(b) a proceeding with respect to a matter referred to in 8
section 42(1A) that is in a court having jurisdiction under that 9
subsection or in the Federal Court.'. 10
(3) Section 44(2), `Where'-- 11
omit, insert-- 12
`Subject to subsections (3), (4) and (5), if'. 13
(4) Section 44-- 14
insert-- 15
`(3) If a proceeding with respect to matter referred to in section 42(1A) 16
is pending in the Supreme Court of a State or the Capital Territory 17
(the "relevant jurisdiction"), the court must transfer the proceeding to the 18
Federal Court unless the matter for determination in it arises out of, or 19
relates to, another proceeding pending in any court of the relevant 20
jurisdiction-- 21
(a) that arises, or a substantial part of which arises, under the 22
Corporations Law of a State or the Capital Territory; and 23
(b) that is not with respect to a matter referred to in section 42(1A); 24
regardless of which proceeding was commenced first. 25
`(4) Even if the Supreme Court of a State or the Capital Territory is not 26
required by subsection (3) to transfer a proceeding with respect to a matter 27
referred to in section 42(1A) to the Federal Court, it may nevertheless do so 28
if it considers that to be appropriate, having regard to the interests of 29
justice, including the desirability of related proceedings being heard in the 30
same jurisdiction. 31
`(5) If a proceeding with respect to a matter referred to in section 42(1A) 32
is pending in the Federal Court, the Federal Court may only transfer the 33
proceeding, or an application in the proceeding, to the Supreme Court of a 34
State or the Capital Territory (the "relevant jurisdiction") if-- 35
s 23 15 s 23
Federal Courts (Consequential Amendments)
Bill 2001
(a) the matter arises out of, or relates to, another proceeding pending 1
in any court of the relevant jurisdiction-- 2
(i) that arises, or a substantial part of which arises, under the 3
Corporations Law of a State or the Capital Territory; and 4
(ii) that is not a proceeding with respect to a matter referred to 5
in section 42(1A); 6
regardless of which proceeding was commenced first; and 7
(b) the Federal Court considers the transfer to be appropriate, having 8
regard to the interests of justice, including the desirability of 9
related proceedings being heard in the same jurisdiction. 10
`(6) Nothing in this section confers on a court jurisdiction that the court 11
would not otherwise have. 12
`(7) The fact that some references in this section to the interests of 13
justice include the desirability of related proceedings being heard in the 14
same jurisdiction does not of itself mean that other references to the 15
interests of justice, in this section or elsewhere in this Act, do not include 16
that matter.'. 17
23 Amendment of s 44A (Transfer of proceedings by Family Court
Clause 18
and State Family Courts) 19
(1) Section 44A, heading, `Family Court and'-- 20
omit. 21
(2) Section 44A(1), `a court'-- 22
omit, insert-- 23
`a State Family Court'. 24
(3) Section 44A(2)(a), `in the Federal Court, or'-- 25
omit. 26
(4) Section 44A(2)(b), `the Federal Court, or'-- 27
omit. 28
(5) Section 44A(2)(c), `the Federal Court, or'-- 29
omit. 30
(6) Section 44A(2), `to the Federal Court, or'-- 31
s 24 16 s 25
Federal Courts (Consequential Amendments)
Bill 2001
omit. 1
(7) Section 44A(2), `, as the case may be'-- 2
omit. 3
(8) Section 44A(3), `another court'-- 4
omit, insert-- 5
`another State Family Court'. 6
(9) Section 44A-- 7
insert-- 8
`(5) Nothing in this section confers on a court jurisdiction that the court 9
would not otherwise have.'. 10
24 Amendment of s 44AA (Transfer of proceedings in lower courts)
Clause 11
Section 44AA-- 12
insert-- 13
`(6A) Nothing in this section confers on a court jurisdiction that the 14
court would not otherwise have.'. 15
25 Amendment of s 45 (Conduct of proceedings)
Clause 16
(1) Section 45(1), `51 to 52A'-- 17
omit, insert-- 18
`51 and 52A'. 19
(2) Section 45(3), definition "relevant jurisdiction", paragraphs (a) and 20
(b)-- 21
omit. 22
(3) Section 45(3), definition "relevant jurisdiction", paragraphs (c) and 23
(d)-- 24
renumber as paragraphs (a) and (b). 25
(4) Section 45(3), definition "relevant jurisdiction"-- 26
insert-- 27
`(c) jurisdiction conferred on a court of a State or the Capital 28
Territory with respect to matters referred to in section 42(1A).'. 29
s 26 17 s 29
Federal Courts (Consequential Amendments)
Bill 2001
26 Amendment of s 46 (Courts to act in aid of each other)
Clause 1
Section 46, after `Queensland'-- 2
insert-- 3
`, or in matters referred to in section 42(1A),'. 4
27 Amendment of s 50 (Enforcement of judgments etc.)
Clause 5
(1) Section 50(1)-- 6
omit, insert-- 7
`(1) A judgment of a court of Queensland that is entirely or partly given 8
in the exercise of jurisdiction conferred by this division, or by a law of 9
another State that corresponds to this division, is enforceable in 10
Queensland as if the judgment had been given by that court entirely in the 11
exercise of the jurisdiction of that court apart from this division or any such 12
law.'. 13
(2) Section 50(2), `the Federal Court, the Family Court,'-- 14
omit. 15
28 Omission of s 52 (Rules of the Federal Court)
Clause 16
Section 52-- 17
omit. 18
29 Amendment of s 52A (Rules of the Family Court or State Family
Clause 19
Court) 20
(1) Section 52A, heading, `the Family Court or'-- 21
omit, insert-- 22
`a'. 23
(2) Section 52A(1)-- 24
omit. 25
(3) Section 52A(2) and (3)-- 26
renumber as subsections (1) and (2). 27
s 30 18 s 31
Federal Courts (Consequential Amendments)
Bill 2001
30 Amendment of s 54 (Interpretation)
Clause 1
Section 54(2)(a)(vii), `, and rules of court applied by the Federal Court 2
because of a provision of this Act,'-- 3
omit. 4
31 Insertion of new s 96E
Clause 5
In part 13, division 6, after section 96D-- 6
insert-- 7
`96E Application of section 42AA 8
`(1) In this section-- 9
"commencement" means the commencement of section 42AA. 10
"related criminal justice process decision", in relation to an offence, has 11
the same meaning as in section 42AA. 12
`(2) Section 42AA applies in relation to-- 13
(a) a decision made on or after the commencement to prosecute a 14
person for an offence, even if the conduct alleged to give rise to 15
the offence occurred before that commencement; or 16
(b) a related criminal justice process decision made on or after the 17
commencement in relation to an offence, even if either or both of 18
the following apply-- 19
(i) the conduct alleged to give rise to the offence occurred 20
before the commencement; 21
(ii) the prosecution of the offence, or an appeal arising out of 22
the prosecution, was commenced before the 23
commencement. 24
`(3) Section 42AA also applies in relation to-- 25
(a) a decision made before the commencement to prosecute a person 26
for an offence, even if that decision is the subject of an 27
application that is before a court at the commencement; or 28
(b) a related criminal process decision made before the 29
commencement in relation to an offence, even if either or both of 30
the following apply-- 31
s 32 19 s 36
Federal Courts (Consequential Amendments)
Bill 2001
(i) the decision is the subject of an application that is before a 1
court at the commencement; 2
(ii) the prosecution of the offence, or an appeal arising out of 3
that prosecution, was commenced before the 4
commencement.'. 5
PART 5--AMENDMENT OF GAS PIPELINES ACCESS 6
(QUEENSLAND) ACT 1998 7
32 Act amended in pt 5
Clause 8
This part amends the Gas Pipelines Access (Queensland) Act 1998. 9
33 Amendment of s 11 (Interpretation of some expressions in the Gas
Clause 10
Pipelines Access (Queensland) Law and the Gas Pipelines Access 11
(Queensland) Regulations) 12
Section 11(1), definition "court", `or the Federal Court'-- 13
omit. 14
34 Omission of pt 3, div 1 hdg
Clause 15
Part 3, division 1 heading-- 16
omit. 17
35 Omission of pt 3, divs 2 and 3
Clause 18
Part 3, divisions 2 and 3-- 19
omit. 20
36 Amendment of s 55 (Actions in relation to cross-boundary
Clause 21
pipelines) 22
(1) Section 55(1)(c) and (f), `by the Federal Court, or by the Supreme 23
Court,'-- 24
s 37 20 s 39
Federal Courts (Consequential Amendments)
Bill 2001
omit, insert-- 1
`by the Supreme Court'. 2
(2) Section 55-- 3
insert-- 4
`(1A) Despite subsection (1), the Supreme Court does not have 5
jurisdiction to make a declaration or order about the validity, or affecting 6
the operation, of a decision of a relevant Minister, relevant regulator or 7
arbitrator in relation to a cross-boundary pipeline unless the State has been 8
determined to be the scheme participant with which the pipeline is most 9
closely connected.1'. 10
PART 6--AMENDMENT OF JURISDICTION OF 11
COURTS (CROSS-VESTING) ACT 1987 12
37 Act amended in pt 6
Clause 13
This part amends the Jurisdiction of Courts (Cross-vesting) Act 1987. 14
38 Amendment of s 3 (Interpretation)
Clause 15
Section 3(2), `section 4(3)'-- 16
omit, insert-- 17
`section 4(1)'. 18
39 Amendment of s 4 (Vesting of additional jurisdiction in certain
Clause 19
courts) 20
(1) Section 4(1) and (2)-- 21
omit. 22
(2) Section 4(3) and (4)-- 23
1 For provisions about determination of scheme participant with which a pipeline is
most closely connected, see the South Australian Act, appendix to schedule 1, part 3
(Terms and references).
s 40 21 s 40
Federal Courts (Consequential Amendments)
Bill 2001
renumber as section 4(1) and (2). 1
(3) Section 4(5)-- 2
omit, insert-- 3
`(3) Subsection (1) or (2) does not-- 4
(a) invest a Supreme Court or a State Family Court with; or 5
(b) confer on any such court; 6
jurisdiction with respect to criminal matters.'. 7
40 Amendment of s 5 (Transfer of proceedings)
Clause 8
(1) Section 5(1)-- 9
omit, insert-- 10
`(1) If-- 11
(a) a proceeding (the "relevant proceeding") is pending in the 12
Supreme Court; and 13
(b) it appears to the Supreme Court that, having regard to-- 14
(i) whether, in the opinion of the Supreme Court, apart from 15
any law of the Commonwealth or another State relating to 16
cross-vesting of jurisdiction and apart from any accrued 17
jurisdiction of the Federal Court or the Family Court, the 18
relevant proceeding or a substantial part of the relevant 19
proceeding would have been incapable of being instituted in 20
the Supreme Court and capable of being instituted in the 21
Federal Court or the Family Court; and 22
(ii) the extent to which, in the opinion of the Supreme Court, 23
the matters for determination in the relevant proceeding are 24
matters arising under or involving questions as to the 25
application, interpretation or validity of a law of the 26
Commonwealth and not within the jurisdiction of the 27
Supreme Court apart from this Act and any law of the 28
Commonwealth or another State relating to cross-vesting of 29
jurisdiction; and 30
(iii) the interests of justice; 31
it is more appropriate that the relevant proceeding be determined 32
by the Federal Court or the Family Court, as the case may be; 33
s 41 22 s 41
Federal Courts (Consequential Amendments)
Bill 2001
the Supreme Court must transfer the relevant proceeding to the Federal 1
Court or the Family Court, as the case may be.'. 2
(2) Section 5(4)(b)(ii)-- 3
omit, insert-- 4
`(ii) having regard to-- 5
(A) whether, in the opinion of the first court, the relevant 6
proceeding or a substantial part of it would have been 7
incapable of being instituted in that court, apart from 8
any law of the Commonwealth or another State relating 9
to cross-vesting of jurisdiction; and 10
(B) whether, in the opinion of the first court, the relevant 11
proceeding or a substantial part of it would have been 12
capable of being instituted in the Supreme Court, apart 13
from any law of the Commonwealth or another State 14
relating to cross-vesting of jurisdiction; and 15
(C) the extent to which, in the opinion of the first court, the 16
matters for determination in the relevant proceeding 17
are matters arising under or involving questions as to 18
the application, interpretation or validity of a law of the 19
State and not within the jurisdiction of the first court 20
apart from any law of the Commonwealth or another 21
State relating to cross-vesting of jurisdiction; and 22
(D) the interests of justice; 23
it is more appropriate that the relevant proceeding be 24
determined by the Supreme Court; or'. 25
(3) Section 5(5)-- 26
omit. 27
(4) Section 5-- 28
insert-- 29
`(9) Nothing in this section confers on a court jurisdiction that the court 30
would not otherwise have.'. 31
41 Amendment of s 6 (Special federal matters)
Clause 32
(1) Section 6-- 33
s 42 23 s 42
Federal Courts (Consequential Amendments)
Bill 2001
insert-- 1
`(1A) However, the court must only transfer so much of the proceeding 2
as is, in the opinion of the court, within the jurisdiction (including the 3
accrued jurisdiction) of the Federal Court, or the court mentioned in 4
subsection (2)(b), as the case may be.'. 5
(2) Section 6(2), `be transferred, the proceeding'-- 6
omit, insert-- 7
`or part of a proceeding be transferred, the proceeding or part of the 8
proceeding'. 9
42 Insertion of new s 6A
Clause 10
After section 6-- 11
insert-- 12
`6A Special federal matters--Commonwealth authorities or officers 13
acting under the laws of States 14
`(1) This section applies to a proceeding (the "federal matter 15
proceeding") if-- 16
(a) a matter for determination in the proceeding is covered by 17
paragraph (c) or (e) of the definition "special federal matter" in 18
section 3(1) of the Jurisdiction of Courts (Cross-vesting) Act 19
1987 (Cwlth); and 20
(b) the matter for determination in the proceeding involves or relates 21
to the exercise, or purported or proposed exercise, of functions or 22
powers conferred on a Commonwealth authority, or officer of the 23
Commonwealth, by an enactment (the "State enactment") 24
referred to in paragraph (ca) or (cb) of the definition "enactment" 25
in section 3(1) of the Administrative Decisions (Judicial Review) 26
Act 1977 (Cwlth); and 27
(c) the matter for determination in the proceeding arises out of, or 28
relates to, another proceeding (the "State matter proceeding") 29
pending in any court of this State-- 30
(i) that arises, or a substantial part of which arises, under the 31
State enactment or a corresponding enactment of another 32
State; and 33
s 42 24 s 42
Federal Courts (Consequential Amendments)
Bill 2001
(ii) none of the matters for determination in which are covered 1
by paragraph (c) or (e) of the definition "special federal 2
matter" in section 3(1) of the Jurisdiction of Courts (Cross- 3
vesting) Act 1987 (Cwlth); 4
regardless of which proceeding was commenced first. 5
`(2) If-- 6
(a) the federal matter proceeding is pending in the Federal Court or 7
the Family Court; and 8
(b) having regard to the interests of justice, including the desirability 9
of related proceedings being heard in the same jurisdiction, the 10
Federal Court or the Family Court considers it appropriate to 11
transfer the proceeding to the Supreme Court; 12
the Federal Court or the Family Court may transfer the proceeding to the 13
Supreme Court, and section 5(4) does not apply to the proceeding. 14
`(3) If-- 15
(a) the federal matter proceeding is pending in the Supreme Court; 16
and 17
(b) the State matter proceeding is pending in any court of this State; 18
neither section 5(1) nor section 6 applies to require the Supreme Court to 19
transfer the federal matter proceeding to the Federal Court or the Family 20
Court, but the Supreme Court may do so if it considers that to be 21
appropriate, having regard to the interests of justice, including the 22
desirability of related proceedings being heard in the same jurisdiction. 23
`(4) Nothing in this section confers on a court jurisdiction that the court 24
would not otherwise have. 25
`(5) The fact that references in this section to the interests of justice 26
include the desirability of related proceedings being heard in the same 27
jurisdiction does not of itself mean that references to the interests of justice 28
elsewhere in this Act do not include that matter. 29
`(6) In this section-- 30
"Commonwealth authority" means an authority or other body (whether 31
incorporated or not) that is established or continued in existence by or 32
under an Act of the Commonwealth. 33
"officer of the Commonwealth" has the same meaning as in section 75(v) 34
of the Constitution of the Commonwealth.'. 35
s 43 25 s 47
Federal Courts (Consequential Amendments)
Bill 2001
43 Amendment of s 10 (Transfer of matters arising under Part V,
Clause 1
Division 1 or 1A of the Trade Practices Act) 2
Section 10(a), `the Federal Court, the Family Court,'-- 3
omit. 4
44 Amendment of s 11 (Conduct of proceedings)
Clause 5
Section 11(2)-- 6
omit. 7
45 Amendment of s 14 (Enforcement and effect of judgments)
Clause 8
(1) Section 14(1)-- 9
omit. 10
(2) Section 14(2) and (3)-- 11
renumber as section 14(1) and (2). 12
PART 7--AMENDMENT OF NATIONAL CRIME 13
AUTHORITY (STATE PROVISIONS) ACT 1985 14
46 Act amended in pt 7
Clause 15
This part amends the National Crime Authority (State Provisions) Act 16
1985. 17
47 Amendment of s 12 (Search warrants)
Clause 18
Section 12(11), from `a reference to'-- 19
omit, insert-- 20
`a reference to a judge of the Supreme Court.'. 21
s 48 26 s 49
Federal Courts (Consequential Amendments)
Bill 2001
48 Amendment of s 20 (Warrant for arrest of witness)
Clause 1
Section 20(1), (3) and (4), `Federal Court or'-- 2
omit. 3
49 Amendment of s 21 (Applications to Federal Court of Australia)
Clause 4
(1) Section 21(2) to (5)-- 5
omit. 6
(2) Section 21(6)(b), `subsection (2)'-- 7
omit, insert-- 8
`section 32(2) of the Commonwealth Act (as it has effect because of 9
section 32B of that Act)'. 10
(3) Section 21(6)-- 11
renumber as section 21(2). 12
(4) Section 21(7) to (11)-- 13
omit. 14
(5) Section 21(12)(a), `subsection (9)'-- 15
omit, insert-- 16
`section 32(8A) of the Commonwealth Act (as it has effect because of 17
section 32B of that Act)'. 18
(6) Section 21(12)(b), `subsection (8)'-- 19
omit, insert-- 20
`section 32(8) of the Commonwealth Act (as it has effect because of 21
section 32B of that Act)'. 22
(7) Section 21(12)-- 23
renumber as section 21(3). 24
(8) Section 21(13) and (14)-- 25
omit. 26
(9) Section 21(15), definition "prescribed notice"-- 27
omit, insert-- 28
s 50 27 s 52
Federal Courts (Consequential Amendments)
Bill 2001
` "prescribed notice" means a notice stating as mentioned in 1
section 32A(2)(c) of the Commonwealth Act (as it has effect because 2
of section 32C of that Act).'. 3
(10) Section 21(15), definition "relevant day", paragraph (b)-- 4
omit, insert-- 5
`(b) in relation to a notice given by a person in accordance with 6
section 32(8A) of the Commonwealth Act (as it has effect 7
because of section 32B of that Act)--the day on which the 8
Authority gives to the person a prescribed notice relating to the 9
notice so given by the person.'. 10
(11) Section 21(15)-- 11
renumber as section 21(4). 12
(12) Section 21(16) and (17)-- 13
omit. 14
50 Omission of s 22 (Applications to Supreme Court of Queensland)
Clause 15
Section 22-- 16
omit. 17
PART 8--AMENDMENT OF NEW TAX SYSTEM PRICE 18
EXPLOITATION CODE (QUEENSLAND) ACT 1999 19
51 Act amended in pt 8
Clause 20
This part amends the New Tax System Price Exploitation Code 21
(Queensland) Act 1999. 22
52 Amendment of s 26 (Definition)
Clause 23
Section 26, definition "Commonwealth administrative laws", 24
paragraph (a)(i), after `(Cwlth)'-- 25
insert-- 26
`, excluding part IVA'. 27
s 53 28 s 55
Federal Courts (Consequential Amendments)
Bill 2001
53 Amendment of s 27 (Application of Commonwealth
Clause 1
administrative laws to New Tax System Price Exploitation Code 2
of this jurisdiction) 3
Section 27(4)-- 4
omit. 5
54 Amendment of s 28 (Application of Commonwealth
Clause 6
administrative laws to New Tax System Price Exploitation Codes 7
of other jurisdictions) 8
(1) Section 28(4)-- 9
omit. 10
(2) Section 28(5)-- 11
renumber as section 28(4). 12
55 Insertion of new s 30A
Clause 13
Part 5-- 14
insert-- 15
`30A Construction of references to part IVA of AAT Act (Cwlth) 16
`For the purposes of sections 27 and 28, a reference in a provision of the 17
Administrative Appeals Tribunal Act 1975 (Cwlth), as that provision 18
applies as a law of this jurisdiction, to the whole or any part of part IVA of 19
that Act is taken to be a reference to the whole or any part of that part as it 20
has effect as a law of the Commonwealth.'. 21
22
© State of Queensland 2001
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