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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Acts Amendment (Federal Courts and
Tribunals) Bill 2001
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Competition Policy Reform
(Western Australia) Act 1996
amended
3. The Act amended 3
4. Part 5 Division 3 repealed 3
5. Section 29 amended 3
Part 3 -- Corporations (Western
Australia) Act 1990 amended
6. The Act amended 4
7. Section 3 amended 4
8. Section 40 amended 4
9. Section 41 amended 5
10 . Section 42 amended 5
11 . Section 42A amended 6
12 . Section 42B amended 6
13 . Section 43 amended 7
14 . Section 44 amended 7
15 . Section 44A amended 8
16 . Section 44AA amended 9
17 . Section 45 amended 9
18 . Section 46 amended 10
19 . Section 50 amended 10
page i
32--1
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Contents
20 . Section 52 repealed 10
21 . Section 52A amended 11
22 . Section 54 amended 11
Part 4 -- Federal Courts (State
Jurisdiction) Act 1999 amended
23 . The Act amended 12
24 . Section 2 amended 12
25 . Part 2A inserted 12
26 . Part 4 Division 2 repealed 14
Part 5 -- Gas Pipelines Access (Western
Australia) Act 1998 amended
27 . The Act amended 15
28 . Part 4 Divisions 2 and 3 repealed 15
29 . Section 24 amended 15
30 . Schedule 1 section 2 amended 15
31 . Schedule 1 section 32 amended 16
Part 6 -- Jurisdiction of Courts
(Cross-vesting) Act 1987 amended
32 . The Act amended 17
33 . Section 4 amended 17
34 . Section 5 amended 17
35 . Section 6 amended 20
36 . Section 6A inserted 20
37 . Section 10 amended 23
38 . Section 11 amended 23
39 . Section 14 amended 23
Part 7 -- National Crime Authority
(State Provisions) Act 1985
amended
40 . The Act amended 24
41 . Section 12 amended 24
42 . Section 15 repealed 24
43 . Section 20 amended 24
44 . Section 21 amended 24
45 . Section 22 repealed 26
page ii
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Contents
Part 8 -- New Tax System Price
Exploitation Code (Western
Australia) Act 1999 amended
46 . New Tax System Price Exploitation Code (Western
Australia) Act 1999 amended 27
Part 9 -- Amendments relating to the
Administrative Review Tribunal
47 . Agricultural and Veterinary Chemicals (Western
Australia) Act 1995 amended 28
48 . Biological Control Act 1986 amended 29
49 . Competition Policy Reform (Western Australia)
Act 1996 amended 29
50 . Corporations (Western Australia) Act 1990 amended 30
51 . New Tax System Price Exploitation Code (Western
Australia) Act 1999 amended 30
page iii
Western Australia
LEGISLATIVE ASSEMBLY
Acts Amendment (Federal Courts and
Tribunals) Bill 2001
A Bill for
An Act to make amendments to a number of Acts relating to the
jurisdiction of federal courts and the establishment of the
Administrative Review Tribunal of the Commonwealth.
The Parliament of Western Australia enacts as follows:
page 1
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Acts Amendment (Federal Courts
and Tribunals) Act 2001.
5 2. Commencement
(1) This Act, other than Parts 3 and 9, comes into operation on the
day on which it receives the Royal Assent.
(2) Sections 6 to 12 of Part 3 are deemed to have come into
operation on 1 July 2000.
10 (3) Sections 13 to 22 of Part 3 do not come into operation unless
this Act receives the Royal Assent before the Corporations
Act 2001 of the Commonwealth comes into operation, in which
case they come into operation on the day on which this Act
receives the Royal Assent.
15 (4) Part 9 (other than section 50) comes into operation, or is
deemed to have come into operation, at the same time that
Parts 4 to 10 of the Administrative Review Tribunal Act 2001 of
the Commonwealth come into operation.
(5) Section 50 does not come into operation unless this Act receives
20 the Royal Assent, and Parts 4 to 10 of the Administrative
Review Tribunal Act 2001 of the Commonwealth come into
operation, before the Corporations Act 2001 of the
Commonwealth comes into operation, in which case section 50
comes into operation, or is deemed to have come into operation,
25 at the same time that Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 of the Commonwealth come into operation.
page 2
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Competition Policy Reform (Western Australia) Act 1996 Part 2
amended
s. 3
Part 2 -- Competition Policy Reform (Western
Australia) Act 1996 amended
3. The Act amended
The amendments in this Part are to the Competition Policy
5 Reform (Western Australia) Act 1996*.
[* Act No. 52 of 1996.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 73.]
4. Part 5 Division 3 repealed
10 Part 5 Division 3 is repealed.
5. Section 29 amended
Section 29 is amended in the definition of "Commonwealth
administrative laws" by deleting subparagraph (a)(ii).
page 3
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Part 3 Corporations (Western Australia) Act 1990 amended
s. 6
Part 3 -- Corporations (Western Australia) Act 1990
amended
6. The Act amended
The amendments in this Part are to the Corporations (Western
5 Australia) Act 1990*.
[* Act No. 105 of 1990.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 93, and Acts No. 26 of 1999
and No. 43 of 2000.]
10 7. Section 3 amended
(1) Section 3(1) is amended in the definition of "Commonwealth
administrative laws" by deleting paragraph (b).
(2) Section 3(1) is amended by deleting the definition of "Family
Court".
15 8. Section 40 amended
Section 40(1) is amended as follows:
(a) in paragraph (b), by deleting "Territory --" and
inserting instead --
" Territory; and ";
20 (b) by inserting after paragraph (b) --
"
(c) the jurisdiction of courts in respect of matters
arising under the Administrative Decisions
(Judicial Review) Act 1977 of the
25 Commonwealth involving or related to
decisions made under the Corporations Law of
a State or the Capital Territory by
Commonwealth authorities and officers of the
Commonwealth; and
page 4
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Corporations (Western Australia) Act 1990 amended Part 3
s. 9
(d) the jurisdiction of courts in civil matters in
respect of decisions made by officers of the
Commonwealth to prosecute persons for
offences against the Corporations Law of a
5 State or the Capital Territory and related
criminal justice process decisions,
".
9. Section 41 amended
(1) Section 41(1) is amended as follows:
10 (a) by inserting in the appropriate alphabetical positions --
"
"Commonwealth authority" means an authority or
body (whether incorporated or not) that is
established or continued in existence by or under
15 an Act of the Commonwealth;
"officer of the Commonwealth" has the same
meaning as in section 75(v) of the Constitution of
the Commonwealth;
";
20 (b) by deleting the definition of "superior court" and
inserting instead --
"
"superior court" means the Supreme Court of a State
or Territory or a State Family Court;
25 ".
(2) Section 41(2)(a) is amended by deleting subparagraph (viii) and
"and" after it.
10. Section 42 amended
(1) Section 42(1) is amended by deleting "as it applies as a law of
30 Western Australia,".
page 5
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Part 3 Corporations (Western Australia) Act 1990 amended
s. 11
(2) After section 42(1) the following subsections are inserted --
"
(1a) With respect to matters involving or related to
decisions made, or proposed to be made, under the
5 Corporations Law of a State or the Capital Territory by
a Commonwealth authority or an officer of the
Commonwealth, jurisdiction is conferred on the
Supreme Court of Western Australia and of each other
State and the Capital Territory in accordance with the
10 Administrative Decisions (Judicial Review) Act 1977 of
the Commonwealth as if that Act conferred jurisdiction
in matters arising under it on those Supreme Courts.
(1b) Subsection (1a) applies to a decision made, or proposed
or required to be made --
15 (a) whether or not in the exercise of a discretion;
and
(b) whether before or after the commencement of
section 10(2) of the Acts Amendment (Federal
Courts and Tribunals) Act 2001.
20 ".
(3) Section 42(2) is amended by inserting after "subsection (1)" --
" or (1a) ".
(4) Section 42(3) is repealed.
11. Section 42A amended
25 (1) Section 42A(1) is repealed.
(2) Section 42A(2) is amended by deleting "as it applies as a law of
Western Australia,".
12. Section 42B amended
Section 42B(1) is amended by deleting "as it applies as a law of
30 Western Australia,".
page 6
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Corporations (Western Australia) Act 1990 amended Part 3
s. 13
13. Section 43 amended
(1) Section 43(1) is amended by deleting "or to the Federal Court or
(except in the case of an appeal from the Family Court of
Western Australia) to the Family Court".
5 (2) Section 43(2) and section 43(3) are repealed.
(3) Section 43(4) is amended by deleting "to the Federal Court, to
the Family Court,".
(4) Section 43(5) is amended by deleting "or to the Family Court".
(5) Section 43(6) is amended by deleting "to the Federal Court,".
10 14. Section 44 amended
(1) Section 44(1) is repealed and the following subsection is
inserted instead --
"
(1) This section applies to the following --
15 (a) a proceeding with respect to a civil matter
arising under the Corporations Law of Western
Australia that is in a court having jurisdiction
under section 42(1);
(b) a proceeding with respect to a matter referred to
20 in section 42(1a) that is in a court having
jurisdiction under that subsection or in the
Federal Court.
".
(2) Section 44(2) is amended by deleting "Where" and inserting
25 instead --
"Subject to subsections (3), (4) and (5), if ".
(3) After section 44(2) the following subsections are inserted --
"
(3) If a proceeding with respect to a matter referred to in
30 section 42(1a) is pending in the Supreme Court of
page 7
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Part 3 Corporations (Western Australia) Act 1990 amended
s. 15
Western Australia, the court is required to transfer the
proceeding to the Federal Court unless the matter for
determination in it arises out of, or relates to, another
proceeding pending in any court of Western
5 Australia --
(a) that arises, or a substantial part of which arises,
under the Corporations Law of a State or the
Capital Territory; and
(b) that is not with respect to a matter referred to in
10 section 42(1a),
regardless of which proceeding was commenced first.
(4) Even if the Supreme Court of Western Australia is not
required by subsection (3) to transfer a proceeding with
respect to a matter referred to in section 42(1a) to the
15 Federal Court, it may nevertheless do so if it considers
that to be appropriate, having regard to the interests of
justice, including the desirability of related proceedings
being heard in the same jurisdiction.
(5) Nothing in this section confers on a court jurisdiction
20 that the court would not otherwise have.
(6) The fact that some references in this section to the
interests of justice include the desirability of related
proceedings being heard in the same jurisdiction does
not of itself mean that other references to the interests
25 of justice, in this section or elsewhere in this Act, do
not include that matter.
".
15. Section 44A amended
(1) Section 44A(1) is amended by deleting "a court" and inserting
30 instead --
" a State Family Court ".
page 8
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Corporations (Western Australia) Act 1990 amended Part 3
s. 16
(2) Section 44A(2) is amended as follows:
(a) in paragraph (a), by deleting "in the Federal Court, or";
(b) in paragraph (b), by deleting "the Federal Court, or";
(c) in paragraph (c), by deleting "the Federal Court, or";
5 (d) by deleting "to the Federal Court, or to that other court,
as the case may be" and inserting instead --
" to that other court ".
(3) Section 44A(3)(a) and section 44A(3)(b) are amended by
deleting "another court" and inserting instead --
10 " another State Family Court ".
(4) After section 44A(4) the following subsection is inserted --
"
(5) Nothing in this section confers on a court jurisdiction
that the court would not otherwise have.
15 ".
16. Section 44AA amended
After section 44AA(6) the following subsection is inserted --
"
(6a) Nothing in this section confers on a court jurisdiction
20 that the court would not otherwise have.
".
17. Section 45 amended
Section 45(3) is amended in the definition of "relevant
jurisdiction" as follows:
25 (a) by deleting paragraphs (a) and (b) and "or" after each of
them;
page 9
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Part 3 Corporations (Western Australia) Act 1990 amended
s. 18
(b) after paragraph (d) by deleting the full stop and
inserting --
"
; or
5 (e) jurisdiction conferred on a court of a State or
the Capital Territory with respect to matters
referred to in section 42(1a).
".
18. Section 46 amended
10 Section 46 is amended by inserting after "Western Australia" --
" , or in matters referred to in section 42(1a), ".
19. Section 50 amended
(1) Section 50(1) is repealed and the following subsection is
inserted instead --
15 "
(1) A judgment of a court of Western Australia that is
entirely or partly given in the exercise of jurisdiction
conferred by this Division, or by a law of another State
or the Capital Territory that corresponds to this
20 Division, is enforceable in Western Australia as if the
judgment had been given by that court entirely in the
exercise of the jurisdiction of that court apart from this
Division or any such law.
".
25 (2) Section 50(2) is amended by deleting "the Federal Court, the
Family Court," in both places.
20. Section 52 repealed
Section 52 is repealed.
page 10
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Corporations (Western Australia) Act 1990 amended Part 3
s. 21
21. Section 52A amended
Section 52A(1) is repealed.
22. Section 54 amended
Section 54(2)(a)(vii) is amended by deleting ", and rules of
5 court applied by the Federal Court because of a provision of this
Act,".
page 11
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Part 4 Federal Courts (State Jurisdiction) Act 1999 amended
s. 23
Part 4 -- Federal Courts (State Jurisdiction) Act 1999
amended
23. The Act amended
The amendments in this Part are to the Federal Courts (State
5 Jurisdiction) Act 1999*.
[* Act No. 32 of 1999.]
24. Section 2 amended
(1) Section 2(1) is amended by deleting "Subject to subsection (2),
this" and inserting instead --
10 " This ".
(2) Section 2(2) and section 2(3) are repealed.
25. Part 2A inserted
After Part 2 the following Part is inserted --
"
15 Part 2A -- Jurisdiction of courts
12A. Jurisdiction not conferred on federal courts
(1) Despite anything in any written law, a law of this State
is not to be regarded as conferring jurisdiction on a
federal court, either directly or indirectly.
20 (2) Without limiting the generality of subsection (1), a
written law of this State that applies a law of the
Commonwealth, does so except to the extent that the
applied law confers jurisdiction on a federal court.
(3) Nothing in subsections (1) and (2) is intended to affect
25 the exercise by a federal court of jurisdiction (such as
accrued jurisdiction) that it has in connection with the
law of this State or the applied law.
page 12
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Federal Courts (State Jurisdiction) Act 1999 amended Part 4
s. 25
(4) A reference in a provision of the applied law (as that
provision applies as a law of this State) to a provision
of that law that is not applied as a law of this State (the
"unapplied provision"), is taken to be a reference to
5 the unapplied provision as it has effect as a law of the
Commonwealth.
(5) In this section --
"federal court" means the Federal Court of Australia,
the Family Court of Australia or the Federal
10 Magistrates Court.
12B. Jurisdiction of State courts
(1) An applied law that would exclude the jurisdiction of
any or all State courts is to be regarded as being
modified so as not to have that effect.
15 (2) Despite anything in any Act, the regulations may make
provision for or with respect to enabling jurisdiction
that would be conferred under an applied law (but for
that provision not being applied to some extent) to be
exercised by courts of this jurisdiction and, for that
20 purpose, may --
(a) provide that an applied law does not have
effect, or has effect with the modifications
specified in the regulations;
(b) confer jurisdiction on courts of this jurisdiction;
25 and
(c) provide for associated, procedural and
consequential matters.
(3) To the extent that, because of this Part, the laws of the
Commonwealth do not apply to an offence against an
30 applied law, the offence is to be regarded as a crime
under the laws of this jurisdiction, but it may be dealt
page 13
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Part 4 Federal Courts (State Jurisdiction) Act 1999 amended
s. 26
with summarily if the prosecutor and the defendant
both agree.
".
26. Part 4 Division 2 repealed
5 Part 4 Division 2 is repealed.
page 14
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Gas Pipelines Access (Western Australia) Act 1998 amended Part 5
s. 27
Part 5 -- Gas Pipelines Access (Western Australia)
Act 1998 amended
27. The Act amended
The amendments in this Part are to the Gas Pipelines Access
5 (Western Australia) Act 1998*.
[* Reprinted as at 11 August 2000.]
28. Part 4 Divisions 2 and 3 repealed
Part 4 Divisions 2 and 3 are repealed.
29. Section 24 amended
10 (1) Section 24(c) and section 24(f) are amended by deleting "by the
Federal Court, or by the Supreme Court," and inserting
instead --
" by the Supreme Court ".
(2) After section 24(1) the following subsection is inserted --
15 "
(1a) Despite subsection (1), the Supreme Court does not
have jurisdiction to make a declaration or order about
the validity, or affecting the operation, of a decision of
a relevant Minister, relevant Regulator or arbitrator in
20 relation to a cross-boundary distribution pipeline unless
this State has been determined to be the scheme
participant most closely connected to the pipeline.
".
30. Schedule 1 section 2 amended
25 Schedule 1 section 2 is amended by deleting the definition of
"Federal Court".
page 15
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Part 5 Gas Pipelines Access (Western Australia) Act 1998 amended
s. 31
31. Schedule 1 section 32 amended
Schedule 1 section 32(4) is amended as follows:
(a) in paragraph (b) by deleting "as applying as a law of this
scheme participant." and inserting instead --
5 " of the Commonwealth; or ";
(b) by inserting after paragraph (b) --
"
(c) to bring proceedings for judicial review of a
decision under this Law of the local appeals body,
10 local Minister, local Regulator or an arbitrator
appointed under Part 4.
".
page 16
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Jurisdiction of Courts (Cross-vesting) Act 1987 amended Part 6
s. 32
Part 6 -- Jurisdiction of Courts (Cross-vesting)
Act 1987 amended
32. The Act amended
The amendments in this Part are to the Jurisdiction of Courts
5 (Cross-vesting) Act 1987*.
[* Act No. 68 of 1997.]
33. Section 4 amended
(1) Section 4(1) and section 4(2) are repealed.
(2) Section 4(5) is repealed and the following subsection is inserted
10 instead --
"
(5) Subsection (3) or (4) does not --
(a) invest a Supreme Court with; or
(b) confer on any such court,
15 jurisdiction with respect to criminal matters.
".
34. Section 5 amended
(1) Section 5(1)(b) is deleted and the following paragraph is
inserted instead --
20 "
(b) it appears to the Supreme Court that, having
regard to --
(i) whether, in the opinion of the Supreme
Court, apart from any law of the
25 Commonwealth or another State relating
to cross-vesting of jurisdiction and apart
from any accrued jurisdiction of the
Federal Court or the Family Court, the
page 17
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Part 6 Jurisdiction of Courts (Cross-vesting) Act 1987 amended
s. 34
relevant proceeding or a substantial part
of the relevant proceeding would have
been incapable of being instituted in the
Supreme Court and capable of being
5 instituted in the Federal Court or the
Family Court;
(ii) the extent to which, in the opinion of the
Supreme Court, the matters for
determination in the relevant proceeding
10 are matters arising under or involving
questions as to the application,
interpretation or validity of a law of the
Commonwealth and not within the
jurisdiction of the Supreme Court apart
15 from this Act and any law of the
Commonwealth or another State relating
to cross-vesting of jurisdiction; and
(iii) the interests of justice,
it is more appropriate that the relevant
20 proceeding be determined by the Federal Court
or the Family Court, as the case may be,
".
(2) Section 5(5)(b) is amended by deleting subparagraph (ii) and
"or" after it and inserting instead --
25 "
(ii) having regard to --
(A) whether, in the opinion of the
first court, the relevant
proceeding or a substantial part
30 of it would have been incapable
of being instituted in that court,
apart from any law of the
Commonwealth or another
page 18
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Jurisdiction of Courts (Cross-vesting) Act 1987 amended Part 6
s. 34
State relating to cross-vesting
of jurisdiction;
(B) whether, in the opinion of the
first court, the relevant
5 proceeding or a substantial part
of it would have been capable
of being instituted in the
Supreme Court, apart from any
law of the Commonwealth or
10 another State relating to
cross-vesting of jurisdiction;
(C) the extent to which, in the
opinion of the first court, the
matters for determination in the
15 relevant proceeding are matters
arising under or involving
questions as to the application,
interpretation or validity of a
law of the State and not within
20 the jurisdiction of the first court
apart from any law of the
Commonwealth or another
State relating to cross-vesting
of jurisdiction; and
25 (D) the interests of justice,
it is more appropriate that the relevant
proceeding be determined by the
Supreme Court; or
".
30 (3) Section 5(6) is repealed.
page 19
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Part 6 Jurisdiction of Courts (Cross-vesting) Act 1987 amended
s. 35
(4) After section 5(9) the following subsection is inserted --
"
(10) Nothing in this section confers on a court jurisdiction
that the court would not otherwise have.
5 ".
35. Section 6 amended
(1) After section 6(1) the following subsection is inserted --
"
(1a) However, the court is only required to transfer so much
10 of the proceeding as is, in the opinion of the court,
within the jurisdiction (including the accrued
jurisdiction) of the Federal Court, or the court
mentioned in subsection (2)(b), as the case may be.
".
15 (2) Section 6(2) is amended by inserting before "is to be
transferred" --
" or part of a proceeding ".
36. Section 6A inserted
After section 6 the following section is inserted --
20 "
6A. Special federal matters: Commonwealth authorities
or officers acting under the laws of States
(1) This section applies to a proceeding (in this section
referred to as the "federal matter proceeding") if --
25 (a) a matter for determination in the proceeding is
covered by paragraph (c) or (e) of the definition
of "special federal matter" in section 3(1) of the
Jurisdiction of Courts (Cross-vesting) Act 1987
of the Commonwealth;
page 20
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Jurisdiction of Courts (Cross-vesting) Act 1987 amended Part 6
s. 36
(b) the matter for determination in the proceeding
involves or relates to the exercise, or purported
or proposed exercise, of functions or powers
conferred on a Commonwealth authority, or
5 officer of the Commonwealth, by an enactment
(in this subsection referred to as "the State
enactment") referred to in paragraph (ca) or
(cb) of the definition of "enactment" in
section 3(1) of the Administrative Decisions
10 (Judicial Review) Act 1977 of the
Commonwealth; and
(c) the matter for determination in the proceeding
arises out of, or relates to, another proceeding
(in this section referred to as the "State matter
15 proceeding") pending in any court of this
State --
(i) that arises, or a substantial part of which
arises, under the State enactment or a
corresponding enactment of another
20 State; and
(ii) none of the matters for determination
which are covered by paragraph (c) or
(e) of the definition of "special federal
matter" in section 3(1) of the
25 Jurisdiction of Courts (Cross-vesting)
Act 1987 of the Commonwealth,
regardless of which proceeding was
commenced first.
(2) If --
30 (a) the federal matter proceeding is pending in the
Federal Court or the Family Court; and
(b) having regard to the interests of justice,
including the desirability of related proceedings
being heard in the same jurisdiction, the
page 21
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Part 6 Jurisdiction of Courts (Cross-vesting) Act 1987 amended
s. 36
Federal Court or the Family Court considers it
appropriate to transfer the proceeding to the
Supreme Court,
the Federal Court or the Family Court may transfer the
5 proceeding to the Supreme Court, and section 5(5) does
not apply to the federal matter proceeding.
(3) If --
(a) the federal matter proceeding is pending in the
Supreme Court; and
10 (b) the State matter proceeding is pending in any
court of this State,
neither section 5(1) nor section 6 applies to require the
Supreme Court to transfer the federal matter
proceeding to the Federal Court or the Family Court,
15 but the Supreme Court may do so if it considers that to
be appropriate, having regard to the interests of justice,
including the desirability of related proceedings being
heard in the same jurisdiction.
(4) Nothing in this section confers on a court jurisdiction
20 that the court would not otherwise have.
(5) The fact that references in this section to the interests
of justice include the desirability of related proceedings
being heard in the same jurisdiction does not of itself
mean that references to the interests of justice
25 elsewhere in this Act do not include that matter.
(6) In this section --
"Commonwealth authority" means an authority or
other body (whether incorporated or not) that is
established or continued in existence by or under
30 an Act of the Commonwealth;
page 22
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Jurisdiction of Courts (Cross-vesting) Act 1987 amended Part 6
s. 37
"officer of the Commonwealth" has the same
meaning as in section 75(v) of the Constitution of
the Commonwealth.
".
5 37. Section 10 amended
Section 10(a) is amended by deleting "the Federal Court, the
Family Court,".
38. Section 11 amended
Section 11(2) is repealed.
10 39. Section 14 amended
Section 14(1) is repealed.
page 23
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Part 7 National Crime Authority (State Provisions) Act 1985 amended
s. 40
Part 7 -- National Crime Authority (State Provisions)
Act 1985 amended
40. The Act amended
The amendments in this Part are to the National Crime
5 Authority (State Provisions) Act 1985*.
[* Act No. 4 of 1985.]
41. Section 12 amended
Section 12(11) is repealed and the following subsection is
inserted instead --
10 "
(11) A reference in this section to a Judge of a prescribed
court shall be construed as a reference to a Judge of a
court of the State.
".
15 42. Section 15 repealed
Section 15 is repealed.
43. Section 20 amended
(1) Section 20(1) is amended as follows:
(a) by deleting "of the Federal Court or";
20 (b) in paragraph (a) by deleting "section 15" and inserting
instead --
" section 24 of the Commonwealth Act ".
(2) Section 20(3) and section 20(4) are amended by deleting "of the
Federal Court or".
25 44. Section 21 amended
(1) Section 21(2) to section 21(5) are repealed.
page 24
Acts Amendment (Federal Courts and Tribunals) Bill 2001
National Crime Authority (State Provisions) Act 1985 amended Part 7
s. 44
(2) Section 21(6)(b) is amended by deleting "subsection (2)" and
inserting instead --
"
section 32(2) of the Commonwealth Act (as it
5 has effect because of section 32B of that Act)
".
(3) Section 21(7) to section 21(11) are repealed.
(4) Section 21(12) is amended as follows:
(a) in paragraph (a) by deleting "subsection (9)" and
10 inserting instead --
"
section 32(8A) of the Commonwealth Act (as it
has effect because of section 32B of that Act)
";
15 (b) in paragraph (b) by deleting "subsection (8)" and
inserting instead --
"
section 32(8) of the Commonwealth Act (as it
has effect because of section 32B of that Act)
20 ".
(5) Section 21(13) and section 21(14) are repealed.
(6) Section 21(15) is amended by deleting the definition of
"relevant day" and inserting instead --
"
25 "relevant day", in relation to a decision of the
Authority under subsection (1), means the day on
which the Authority gives to the person to whom
the decision relates a prescribed notice relating to
the decision.
30 ".
page 25
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Part 7 National Crime Authority (State Provisions) Act 1985 amended
s. 45
(7) Section 21(16) and section 21(17) are repealed.
[Note: The heading to section 21 will be altered to read "Refusing to
produce documents or answer questions".]
45. Section 22 repealed
5 Section 22 is repealed.
page 26
Acts Amendment (Federal Courts and Tribunals) Bill 2001
New Tax System Price Exploitation Code (Western Australia) Part 8
Act 1999 amended
s. 46
Part 8 -- New Tax System Price Exploitation Code
(Western Australia) Act 1999 amended
46. New Tax System Price Exploitation Code (Western Australia)
Act 1999 amended
5 Section 26 of the New Tax System Price Exploitation Code
(Western Australia) Act 1999* is amended in the definition of
"Commonwealth administrative laws" by deleting
paragraph (a)(ii).
[* Act No. 51 of 1999.]
page 27
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Part 9 Amendments relating to the Administrative Review Tribunal
s. 47
Part 9 -- Amendments relating to the Administrative
Review Tribunal
47. Agricultural and Veterinary Chemicals (Western Australia)
Act 1995 amended
5 (1) Section 3 of the Agricultural and Veterinary Chemicals
(Western Australia) Act 1995* is amended in the definition of
"Commonwealth administrative laws" by deleting
subparagraph (a)(i) and inserting instead --
"
10 (i) the Administrative Review Tribunal
Act 2001 of the Commonwealth and
Parts 1, 3 and 5 to 8 of Schedule 2 of the
Administrative Review Tribunal
(Consequential and Transitional
15 Provisions) Act 2001 of the
Commonwealth (to the extent to which
those Parts are relevant);
".
[* Act No. 3 of 1995.
20 For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 9.]
(2) Section 16(2) is amended by deleting "the obligations of the
NRA under section 28 of the Administrative Appeals Tribunal
Act 1975" and inserting instead --
25 "
the obligation of the NRA to provide statements of
reasons under the Administrative Review Tribunal
Act 2001
".
30 (3) Section 18A is repealed.
page 28
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Amendments relating to the Administrative Review Tribunal Part 9
s. 48
48. Biological Control Act 1986 amended
Section 54(2) of the Biological Control Act 1986* is amended
by deleting "Administrative Appeals Tribunal Act 1975" and
inserting instead --
5 " Administrative Review Tribunal Act 2001 ".
[* Act No. 106 of 1986.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 39.]
49. Competition Policy Reform (Western Australia) Act 1996
10 amended
Section 29 of the Competition Policy Reform (Western
Australia) Act 1996* is amended in the definition of
"Commonwealth administrative laws" by deleting
subparagraph (a)(i) and inserting instead --
15 "
(i) the Administrative Review Tribunal
Act 2001 of the Commonwealth and
Parts 1, 3 and 5 to 8 of Schedule 2 of the
Administrative Review Tribunal
20 (Consequential and Transitional
Provisions) Act 2001 of the
Commonwealth (to the extent to which
those Parts are relevant);
".
25 [* Act No. 52 of 1996.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 73.]
page 29
Acts Amendment (Federal Courts and Tribunals) Bill 2001
Part 9 Amendments relating to the Administrative Review Tribunal
s. 50
50. Corporations (Western Australia) Act 1990 amended
Section 3(1) of the Corporations (Western Australia) Act 1990*
is amended in the definition of "Commonwealth administrative
laws" by deleting paragraph (a) and inserting instead --
5 "
(a) the Administrative Review Tribunal Act 2001 of
the Commonwealth and Parts 1, 3 and 5 to 8 of
Schedule 2 of the Administrative Review
Tribunal (Consequential and Transitional
10 Provisions) Act 2001 of the Commonwealth (to
the extent to which those Parts are relevant);
".
[* Act No. 105 of 1990.
For subsequent amendments see 2000 Index to Legislation of
15 Western Australia, Table 1, p. 93, and Acts No. 26 of 1999
and No. 43 of 2000.]
51. New Tax System Price Exploitation Code (Western Australia)
Act 1999 amended
Section 26 of the New Tax System Price Exploitation Code
20 (Western Australia) Act 1999* is amended in the definition of
"Commonwealth administrative laws" by deleting
subparagraph (a)(i) and inserting instead --
"
(i) the Administrative Review Tribunal
25 Act 2001 of the Commonwealth and
Parts 1, 3 and 5 to 8 of Schedule 2 of the
Administrative Review Tribunal
(Consequential and Transitional
Provisions) Act 2001 of the
30 Commonwealth (to the extent to which
those Parts are relevant);
".
[* Act No. 51 of 1999.]
page 30
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