Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 14 - COURTS AND PROCEEDINGS  

PART 14-3 - JURISDICTION AND PROCEDURE OF COURTS  

Division 586 - Civil jurisdiction  

Subdivision 586-B - Conferral of jurisdiction  

SECTION 586-5   JURISDICTION OF FEDERAL COURT AND STATE AND TERRITORY SUPREME COURTS  

586-5(1)    
Jurisdiction is conferred on the Federal Court of Australia with respect to civil matters arising under the Aboriginal and Torres Strait Islander Corporations legislation.

586-5(2)    
Subject to section 9 of the Administrative Decisions (Judicial Review) Act 1977 , jurisdiction is conferred on the Supreme Court of:

(a)    each State; and

(b)    the Australian Capital Territory; and

(c)    the Northern Territory;

with respect to civil matters arising under the Aboriginal and Torres Strait Islander Corporations legislation.

586-5(3)    
Despite section 9 of the Administrative Decisions (Judicial Review) Act 1977 , jurisdiction is conferred on the Supreme Court of:

(a)    each State; and

(b)    the Australian Capital Territory; and

(c)    the Northern Territory;

with respect to matters arising under that Act involving or related to decisions made, or proposed or required to be made, under the Aboriginal and Torres Strait Islander Corporations legislation by a Commonwealth authority or an officer of the Commonwealth.

Note 1:

The Federal Court also has jurisdiction with respect to these matters under that Act.

Note 2:

A Supreme Court may be required to transfer a proceeding with respect to such a matter to the Federal Court (see subsection 586-35(3) ).

586-5(4)    
Subsection (3) applies to a decision made, or proposed or required to be made:

(a)    whether or not in the exercise of a discretion; and

(b)    whether before or after that subsection commences.

586-5(5)    
The jurisdiction conferred on a Supreme Court by subsection (2) or (3) is not limited by any limits to which any other jurisdiction of that Supreme Court may be subject.

586-5(6)    
This section has effect subject to section 586-15 .