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Senate

Jurisdiction of Courts (Miscellaneous Amendments) Bill 1978

Jurisdiction of Courts (Miscellaneous Amendments) Act 1979

Explanatory Memorandum

(Circulated by authority of the Attorney-General, Senator the Hon. P.D. Durack, QC)

INTRODUCTORY NOTE

The purposes of this Bill are:

(a): to divest the High Court of original jurisdiction vested in it by statute, other than original jurisdiction as a Court of Disputed Returns under the Commonwealth Electoral Act;
(b): to confer taxation and industrial property jurisdiction on State and Territory Supreme Courts in those tax and industrial property matters in which these Courts do not now have jurisdiction, and to provide for appeals in these matters to lie to the Full Court of the Federal Court of Australia;
(c): to confer jurisdiction on Territory Supreme Courts, within appropriate limitations, in matters in which jurisdiction is now vested in State Supreme Courts, but not Territory Supreme Courts; and
(d): to make amendments consequential upon the enactment of the Judiciary Amendment Act 1976 and the Federal Court of Australia Act 1976.

NOTES ON CLAUSES

Part I - Preliminary

Clause 1:

1. This clause provides for the short title of the Bill.

Clause 2:

2. This clause makes provision for the amendments made by various Parts of the Bill to come into force, as follows:

(a): this Part, Part XVIII (savings provision with respect to the jurisdiction of courts in relation to existing proceedings) and Part XIX (the power of the High Court to remit certain proceedings to a Supreme Court) are to come into force on assent;
(b): Parts II to XVI (inclusive) of the Bill are to come into operation on such date or dates as are fixed by Proclamation;
(c): the amendments made to an Act by Part XVII and the Schedule are to come into force on such date as is fixed by Proclamation as the commencement date in relation to that Act.

Part II - Amendments of the Copyright Act 1968 and Consequential Amendment of the Administrative Appeals Tribunal Act 1975

Clause 3:

3. This clause provides for the citation of the Copyright Act 1968 as the Principal Act in this Part of the Jurisdiction of Courts (Miscellaneous Amendments) Bill.

Clause 4:

4. This clause inserts new Division 4A - Exercise of Jurisdiction and Appeals - in Part V of the Principal Act.

5. New section 131A provides that the jurisdiction of a Supreme Court of a State or Territory in an action for infringement of copyright is to be exercised by a single Judge of the Court.

6. Under new section 131B, a decision of a court under Part V is to be final except insofar as an appeal lies under new sub-section 131B(2).

7. An appeal is to lie from the decision of a court under Part V of the Principal Act to the Federal Court of Australia, or, by special leave of the High Court, to the High Court. The new appeal arrangements include an appeal from a decision of a court of summary jurisdiction under section 132 on a prosecution for an offence related to the infringing of copyright.

8. These provisions give effect to the policy that the Federal Court of Australia is to be the appellate court in copyright matters, subject only to an appeal being taken directly to the High Court in any case where the High Court grants special leave. Like provision has previously been made in respect of appeals in patent and trade mark matters - see Patents Amendment Act 1976 and Trade Marks Amendment Act 1976.

Clause 5:

9. This amendment reproduces a provision previously made in the Schedule of the Administrative Appeals Tribunal Act 1975 for the review of a decision of the Minister for Business and Consumer Affairs under sub-section 135(6) of the Principal Act. A consequential amendment to the Administrative Appeals Tribunal Act is made by clause 10.

Clause 6:

10. This clause amends section 161 of the Principal Act to provide for reference of questions of law from the Copyright Tribunal to be made to the Federal Court of Australia instead of the High Court.

Clause 7:

11. Consequential to the amendment made by the previous clause, section 166 of the Principal Act is to be amended to enable regulations to be made prescribing the procedure for reference of questions of law to the Federal Court of Australia from the Copyright Tribunal.

Clause 8:

12. This clause amends section 183 of the Principal Act to provide that where copyright material is used for the services of the Crown, the power to fix terms for the use of the copyright material is to be vested in the Copyright Tribunal instead of the High Court.

Clause 9:

13. Having regard to the amendment made to section 161 of the Principal Act by clause 6, this clause makes a savings provision with respect to matters referred to the High Court under section 161 before the commencement of this Part of the Jurisdiction of Courts (Miscellaneous Amendments) Bill.

Clause 10:

14. Consequential to the amendment made by clause 5, this clause amends the Schedule to the Administrative Appeals Tribunal Act 1975.

Part III - Amendment of the Designs Act 1906

Clause 11:

15. This clause provides for the citation of the Designs Act 1906 as the Principal Act in this Part of the Jurisdiction of Courts (Miscellaneous Amendments) Bill.

Clause 12:

16. The Designs Act vests jurisdiction in certain matters in State Supreme Courts, but not in Territory Supreme Courts. The effect of this clause will be to vest that jurisdiction in Territory Supreme Courts as well.

Clause 13:

17. Section 4A of the Principal Act, which extended the application of the Principal Act to the Territory of Papua, is repealed by this clause. The section had been rendered inoperative by the Papua New Guinea Independence Act 1975.

18. Clause 13 substitutes a new section 4A which provides for certain limitations on the jurisdiction of a Territory Supreme Court under the Act. A Territory Supreme Court will not have jurisdiction -

(i): in an appeal under sub-section 25(3) (appeal from the decision of the Law Officer refusing an application for registration of a design);
(ii): an application under section 28 (for the cancellation of the registration of a design and the grant of a compulsory licence); or
(iii): an application under sub-section 39(1) for the rectification of the register made otherwise than in the course of an infringement action,

unless the person bringing the proceedings, being an individual, is resident in the Territory or, being a company, has its principal place of business in the Territory.

19. Like limitations were placed on analogous jurisdiction of Territory Supreme Courts under the Patents Act and the Trade Marks Act by the Patents Amendment Act 1976 and the Trade Marks Amendment Act 1976 respectively.

Clause 14:

20. The clause amends section 28 of the Principal Act so as to transfer from the High Court to State and Territory Supreme Courts jurisdiction to cancel the registration of a design or to grant a compulsory licence for the manufacture of articles to which the design is applied.

Clause 15:

21. The clause amends section 39 of the Principal Act by omitting 39(3). That sub-section had provided for an appeal from an order of a Supreme Court, on an application for the rectification of the designs register, to the High Court. An appeal from an order of a Supreme Court will now lie to the Federal Court of Australia in accordance with provision made by clause 16.

Clause 16:

22. This clause inserts a new Part VIA in the Principal Act.

23. New section 40A provides for the Supreme Court jurisdiction in civil proceedings under the Act to be exercised by a single Judge. This provision does not extend to criminal proceedings (the Constitution requires that the trial for an indictable offence be by a jury).

24. New section 40B provides that a decision of a court under the Act other than criminal proceedings not involving questions of infringement of a registered design is final except insofar as sub-section 40B(2) makes provision for appeals. An appeal is to lie either to the Federal Court of Australia or, by special leave of the High Court, to that Court. This is consistent with provision previously made for appeals in patent and trade mark proceedings - see paragraph 8 above.

Part IV - Amendments of the Estate Duty Assessment Act 1914

Clause 17:

25. This clause provides for the citation of the Estate Duty Assessment Act 1914 as the Principal Act in this Part of the Jurisdiction of Courts (Miscellaneous Amendments) Bill.

Clause 18:

26. Where an objector is dissatisfied with the Commissioner's decision on his objection to an estate duty assessment, he is entitled to have that objection determined by a Valuation Board (on valuation matters) or a Board of Review. Alternatively, he may request that the objection be treated as an appeal and forwarded to the High Court or a State or Territory Supreme Court.

27. Clause 18 amends paragraph 24(4)(b) of the Estate Duty Assessment Act to remove the right of the objector to have his objection treated as an appeal to the High Court. Where an objector requests that his objection be treated as an appeal, it is to be forwarded to a Supreme Court of a State or Territory specified by the objector in his request.

28. Paragraph (b) of clause 18 amends section 24 of the Principal Act by inserting new sub-section (4A). That sub-section provides for an objector to pay a deposit of $2 where he requests that his objection should be dealt with by a Board of Review or a Valuation Board. This amendment is of a textual nature in that the Principal Act already requires a $2 deposit - the present provision is omitted by amendments made by clauses 19 and 20.

Clause 19:

29. Clause 19 amends section 25 of the Principal Act, which provides for reference of an objection to a Valuation Board, as follows:-

(a): new sub-section 25(1) requires the Commissioner to act on an objector's request, made under the Act, that his objection be forwarded to a Valuation Board. The new sub-section makes it clear that a request made under sub-section 26(7), for so much of an objection as relates to a valuation to be referred to a Valuation Board, is to be dealt with in accordance with section 25 (the Principal Act is not clear on this point);
(b): where the Valuation Board has given its decision, the right of an objector to have his objection referred under sub-section 25(6) to the High Court for consideration on grounds not dealt with by the Board, is to be removed. The objector will be entitled to have the objection forwarded only to a Supreme Court of a State or Territory specified by him;
(c): an appeal or reference on a question of law from a decision of a Valuation Board is now to lie to a single Judge of a Supreme Court of a State or Territory instead of the High Court. The decision of the Supreme Court is to be final, subject to an appeal to the Full Court of the Federal Court of Australia by leave of that Court, or to the High Court, by special leave of that Court. See also new section 28AA inserted by clause 22.

Clause 20:

30. Clause 20 amends section 26 of the Principal Act, which provides for references of an objection to a Board of Review, as follows:-

(a): new sub-section 26(1) requires the Commissioner to act on an objector's request made under the Act that his objection be forwarded to a Board of Review. The new sub-section makes it clear that a request under sub-section 25(6) of the Principal Act is to be dealt with in accordance with section 26 - this is not clear as the Principal Act now stands;
(b): an appeal or reference on a question of law from a Valuation Board is now to lie to a single Judge of a Supreme Court of a State or Territory instead of to the High Court. The decision of the Supreme Court is final subject only to an appeal, by leave of the Federal Court of Australia, to the Full Court of that Court, or, by special leave of the High Court, to the High Court. See also new section 28AA inserted by clause 22.

Clause 21:

31. Section 27 of the Principal Act provides for the hearing of the appeal where an objector has requested that his objection be treated as an appeal and forwarded to the High Court or a State or Territory Supreme Court. The amendments made by this clause to section 27 are consequential on the removal of the objector's right to have his objection forwarded to the High Court in the first instance - see clause 18.

Clause 22:

32. This clause repeals section 28 (case stated to the High Court) and section 28A (appeal to the High Court) and substitutes new sections 28, 28A, 28AA and 28AB as follows.

33. New section 28 provides for appeals from an order of a Supreme Court under section 27. An appeal is to lie to the Federal Court of Australia as of right or, by special leave of the High Court, to that Court. See also new section 28AA.

34. New section 28A empowers a Supreme Court hearing an appeal in accordance with section 27 to state a case to the Federal Court of Australia on a question of law.

35. New section 28AA provides that no appeal lies to the High Court from a decision of the Federal Court of Australia under the Principal Act unless the High Court gives special leave to appeal. This section makes it clear that any appeal that might otherwise lie to the High Court as of right from the Federal Court of Australia by virtue of section 33 of the Federal Court of Australia Act 1976 does not lie.

36. New section 28AB provides for the transfer of proceedings from one Supreme Court to another and for consequential machinery matters.

Clause 23:

37. Clause 23 inserts a new section 28D in the Principal Act. That section provides for the practice and procedure of a Supreme Court in proceedings under Part V of the Principal Act to continue to be governed by the High Court Rules until regulations are made under the Act. New section 28D is analogous to the provision made by section 196A of the Income Tax Assessment Act 1936.

Clause 24:

38. This clause removes the jurisdiction of the High Court under section 38 of the Principal Act. Under that section the administrator of an estate may apply to the High Court or a State or Territory Supreme Court for an order to sell property to enable duty to be paid.

Clause 25:

39. This clause removes the jurisdiction of the High Court under section 39 of the Principal Act. Under that section the Commissioner may apply to the High Court or a State or Territory Supreme Court for an order to sell property if duty has not been paid.

Clause 26:

40. Consequential on the provision made in clause 23 which inserts new section 28D, this clause amends section 50 of the Principal Act to enable regulations to be made prescribing the practice and procedure of a Supreme Court in proceedings to which new section 28D applies.

Clause 27:

41. Clause 27 preserves the right to appeal to the High Court in cases where a right to appeal or to have an objection treated as an appeal exists at the date the amendments to the Principal Act come into force. It also preserves the jurisdiction of the High Court in respect of proceedings already instituted in the High Court at that date. This clause is subject to the remittal powers vested in the High Court under Part XIX of the Bill.

Part V - Amendments of the Export Incentive Grants Act 1971

Clause 28:

42. This clause provides for the citation of the Export Incentive Grants Act 1971 as the Principal Act in this Part of the Jurisdiction of Courts (Miscellaneous Amendments) Bill.

Clause 29:

43. This clause inserts new sections 28A, 28B and 28C in the Principal Act.

44. New section 28A defines 'Supreme Court' as being a State Supreme Court or the A.C.T. or N.T. Supreme Court. The inclusion of this definition is necessary in view of the amendment, made to section 30 of the Principal Act by clause 30 so as to provide for appeals under the Principal Act to lie to a Supreme Court instead of to the High Court.

45. New section 28B confines the jurisdiction of the A.C.T. and N.T. Supreme Courts to proceedings where the person taking the proceedings, in the case of the individual, is ordinarily resident in the Territory concerned or, in the case of a company, has its principal place of business in that Territory.

46. New section 28C provides for the transfer of proceedings taken under section 30 of the Principal Act from one Supreme Court to another and for consequential machinery matters.

Clause 30:

47. A Board of Review is empowered by section 29 of the Principal Act to review a determination made by the Commissioner under section 16 of the Act. Clause 30 amends section 30 of the Principal Act to make new provision for appeals or reference from a Board of Review. Section 30 now provides for such an appeal or reference to lie to the High Court.

48. Such an appeal or reference is now to lie to a single Judge of a Supreme Court and not to the High Court. Any further appeal is only to lie, by leave of the Federal Court of Australia, to that Court or, by special leave of the High Court, to that Court.

49. New sub-section 30(10) reproduces the now repealed sub-section 30(6) of the Principal Act.

50. An appeal from a decision of the Federal Court is only to lie by special leave of the High Court to that Court. New sub-section 30(11) thus overrides any appeal that might lie as of right to the High Court by virtue of section 33 of the Federal Court of Australia Act 1976.

51. Sub-clause 30(2) makes saving provision with respect to the High Court's jurisdiction in relation to rights of appeal to the High Court that exist or an appeal or reference already instituted or made in the High Court under section 30 at the date the amendments to the Principal Act made by this Part of the Jurisdiction of Courts (Miscellaneous Amendments) Bill come into force. The sub-clause is subject to the remittal powers vested in the High Court under Part XIX of the Bill.

Clause 31:

52. Provision is to be made by new section 31A, which is inserted in the Principal Act by this clause, for the practice and procedure of a Supreme Court on an appeal or reference made to it under section 30 as amended. That practice and procedure is to continue to be governed by the High Court Rules until regulations are made under the Principal Act.

53. New section 31A is analogous to provision made by section 196A of the Income Tax Assessment Act 1936.

Clause 32:

54. Clause 32 amends section 36 of the Principal Act to enable regulations to be made prescribing the practice and procedure of Supreme Courts in proceedings under the Act.

Part VI - Amendments of the Gift Duty Assessment Act 1941

Clause 33:

55. This clause provides for the citation of the Estate Duty Assessment Act 1914 as the Principal Act in this Part of the Jurisdiction of Courts (Miscellaneous Amendments) Bill.

Clause 34:

56. The amendment made by this clause inserts a new definition of a 'Supreme Court', in the Principal Act. A Supreme Court is defined to mean the Supreme Court of a State or Territory. The amendment is a drafting one only - State and Territory Supreme Courts already have jurisdiction under the Principal Act.

Clause 35:

57. Where an objector is dissatisfied with the Commissioner's decision on his objection to a gift duty assessment, he is entitled to have that objection determined by a Valuation Board (on valuation matters) or a Board of Review. Alternatively, he may request that the objection be treated as an appeal and forwarded to a court specified in paragraph 31(4)(b) of the Principal Act, i.e., the High Court or a State or Territory Supreme Court.

58. Clause 35 amends paragraph 31(4)(b) to remove the right of the objector to have his objection treated as an appeal to the High Court. Where an objector requests that his objection be treated as an appeal, it is to be forwarded to a Supreme Court of a State or Territory specified by the objector in his request.

59. Paragraph (b) of clause 35 amends section 31 of the Principal Act by inserting new sub-section 31(4A). That sub-section provides for the objector to pay a deposit of $2 where he requests that his objection should be dealt with by a Board of Review or a Valuation Board. This amendment is of a textual nature in that the Principal Act already requires a $2 deposit - the present provision is omitted by amendments made by clauses 36 and 37.

Clause 36:

60. Clause 36 amends section 32 of the Principal Act, which provides for references of an objection to a Valuation Board, as follows:-

(a): New sub-section 32(1) requires the Commissioner to act on an objector's request, made under the Act, that his objection be forwarded to a Valuation Board. The amendment makes it clear that a request under sub-section 33(7) of the Principal Act is to be dealt with in accordance with section 32 - the Principal Act is not clear on this point.
(b): Where the Valuation Board has given its decision, the right of an objector to have his objection referred under sub-section 32(6) to the High Court for consideration on grounds not dealt with by the Board, is to be removed. The objector will be entitled to have the objection forwarded only to a Supreme Court of a State or Territory specified by him.
(c): An appeal from a Board's decision that involves a question of law or a reference of a question of law from a decision of a Valuation Board is now to lie to a single Judge of a Supreme Court of a State or Territory instead of the High Court. The decision of the Supreme Court is to be final subject to an appeal, by leave of the Federal Court of Australia, to that Court or, by special leave of the High Court, to the High Court. See also new section 36A inserted by clause 39.

Clause 37:

61. Clause 37 amends section 33 of the Principal Act, which provides for references of an objection to a Board of Review, as follows:-

(a): New sub-section 33(1) requires the Commissioner to act on an objector's request made under the Act that his objection be forwarded to a Board of Review. The amendment makes it clear that a request under sub-section 32(6) of the Principal Act is to be dealt with in accordance with section 33 - this is not clear as the Principal Act now stands.
(b): An appeal from a Board's decision that involves a question of law or a reference of a question of law from a Valuation Board is now to lie to a single Judge of a Supreme Court of a State or Territory instead of to the High Court. The decision of the Supreme Court is to be final, subject to an appeal, by leave of the Federal Court of Australia, to that Court or, by special leave of the High Court, to the High Court. See also new section 36A inserted by clause 39.

Clause 38:

62. Section 34 of the Principal Act provides for the hearing of the appeal where an objector has requested that his objection be treated as an appeal and forwarded to the High Court or a Supreme Court. The amendments made by this clause to section 34 are consequential on the removal of the jurisdiction of the High Court - see clause 35.

Clause 39:

63. This clause repeals section 35 (case stated to the High Court) and section 36 (appeal to the High Court) of the Principal Act and substitutes new sections 35, 36, 36A and 36B.

64. New section 35 provides for appeals from an order of a Supreme Court under section 34. An appeal is to lie to the Federal Court of Australia as of right and, by special leave of the High Court, to that Court. See also new section 36A.

65. New section 36 empowers a Supreme Court hearing an appeal in accordance with section 34 to state a case to the Federal Court of Australia on a question of law. Sub-section 36(2) empowers the Federal Court to hear and determine a case stated.

66. New section 36A provides that no appeal lies to the High Court from a decision of the Federal Court of Australia under the Principal Act unless the High Court gives special leave to appeal. This overrides any right of appeal to the High Court that might exist by virtue of section 33 of the Federal Court of Australia Act 1976.

67. New section 36B provides for the transfer of proceedings from one Supreme Court to another and for consequential machinery matters.

Clause 40:

68. Clause 40 inserts a new section 38A in the Principal Act. That section provides for the practice and procedure of a Supreme Court in proceedings under Part V of the Principal Act to continue to be governed by the High Court Rules until regulations are made under the Act. New section 38A is analogous to the provision made by section 196A of the Income Tax Assessment Act 1936.

Clause 41:

69. Consequential on the provision made by the previous clause which inserts new section 38A, this clause amends section 47 of the Principal Act to enable regulations to be made prescribing the practice and procedure of a Supreme Court in proceedings under Part VI of the Principal Act.

Clause 42:

70. Clause 42 preserves the right to appeal to the High Court in cases where a right to appeal or to have an objection treated as an appeal exists at the date the amendments to the Principal Act come into force. It also preserves the jurisdiction of the High Court in respect of proceedings already instituted in the High Court at that date.

Part VII - Amendment of the Income Tax Assessment Act 1936

Clause 43:

71. New section 200A, which is inserted in the Income Tax Assessment Act by this clause, prevents any appeal to the High Court from the Federal Court of Australia in an income tax matter except by special leave of the High Court. The effect of this clause is to take away any appeal that may lie to the High Court as of right from the Federal Court of Australia by virtue of section 33 of the Federal Court of Australia Act 1976.

Clause 44:

72. This clause makes transitional arrangements consequential on the amendment made by the previous clause. It preserves rights of appeal to the High Court from the Federal Court of Australia existing at the date of commencement of Part VII.

Part VIII - Amendments of the Lands Acquisition Act 1955

Clause 45:

73. This clause provides for the citation of the Lands Acquisition Act 1955 as the Principal Act in this Part of the Jurisdiction of Courts (Miscellaneous Amendments) Bill.

Clause 46:

74. The amendment made by clause 46 to section 13 of the Principal Act removes the right to apply under that section to the High Court, where property is acquired under Division 3 of Part II of the Principal Act (acquisition by compulsory process). Such an application under section 13 will now only be able to be made to the State or Territory Supreme Court in which the land is situated. Section 13 provides for the making of orders declaring or adjusting rights and liabilities in connection with land the subject of compulsory acquisition or with transactions in relation to that land or otherwise affected by the acquisition.

Clause 47:

75. Clause 47 amends section 19 of the Principal Act. Section 19 provides for an action against the Commonwealth for compensation to be brought in a court of competent jurisdiction in respect of loss or damage occasioned to land by reason of the exercise of the powers conferred by Part III of the Principal Act.

76. The effect of paragraph (a) of clause 47 is to amend the definition of 'court of competent jurisdiction' to delete the reference therein to the High Court. As so amended the definition will include only State and Territory courts.

77. The amendment made by paragraph (b) of clause 47 is of a drafting nature consequential upon amendments to the Acts Interpretation Act defining the term 'Magistrate'.

Clause 48:

78. Section 21 of the Principal Act provides for a claimant to bring an action against the Commonwealth claiming a declaration as to his interest in land where his claim for compensation has been rejected by the Minister. The section provides that such an action may be brought in the High Court or the Supreme Court of the State or Territory in which the land is situated. The effect of the amendment is to remove the reference to the High Court.

Clause 49:

79. Section 28 of the Principal Act makes provision for the determination by a court of competent jurisdiction of the amount of compensation payable to a claimant.

80. Clause 49 amends section 28 as follows:

(a): sub-section 28(9) requires the Commonwealth, where proceedings in an inferior court are beyond that court's jurisdiction, to apply for those proceedings to be removed into the High Court or a Supreme Court. Paragraph (a) of clause 49 amends sub-section 28(9) so as to remove the power to have those proceedings transferred to the High Court (the power to have the proceedings removed into a Supreme Court is not affected);
(b): sub-sections 28(10), (11) and (12), which provide for the removal of proceedings into the High Court and related machinery matters, are to be repealed;
(c): paragraph (c) of clause 49 amends sub-section 28(14) of the Principal Act to remove the reference to the High Court from the definition of 'court of competent jurisdiction', being those courts having jurisdiction under section 28 to determine the amount of compensation payable to a claimant;
(d): paragraph (d) of clause 49 makes an amendment of a drafting nature to the definition of a 'court of competent jurisdiction' in sub-section 28(14) of the Principal Act consequential upon amendment of the Acts Interpretation Act defining the term 'Magistrate'.

Clause 50:

81. Section 29 of the Principal Act provides for the determination, on the application of the Commonwealth, of the amount of compensation payable in respect of an interest in land acquired under the Act. The section provides that such an application may be made to a court of competent jurisdiction. The effect of the amendment made by clause 50 is, first, to exclude the High Court from the definition of court of competent jurisdiction and, secondly, to make an amendment of a drafting nature in that definition consequential upon amendment of the Acts Interpretation Act defining the term 'Magistrate'.

Clause 51:

82. Section 31 of the Act empowers a court having jurisdiction for the purposes of the section, in a case where the court is of the opinion that the application of any of the provisions of the Act would result in an acquisition having been made otherwise than on just terms, to determine such compensation or to make such order as is necessary to ensure that the acquisition has been made on just terms. The effect of the amendment made by clause 51 is to remove the reference in the section to the High Court, leaving the jurisdiction under the section to be exercised by State or Territory courts.

Clause 52:

83. Section 35 of the Principal Act provides for a person who claims he is entitled to an amount of compensation which has been determined under the Principal Act - either by agreement, by arbitration or by a court - to make application to the High Court or a Supreme Court for a declaration as to his entitlement to that compensation. Clause 52 amends section 35 of the Principal Act so as to delete the reference to the High Court.

Clause 53:

84. Sections 37 to 39 of the Act provide for sale or lease to the Commonwealth by a person holding land but with only limited powers to dispose of the land such as a life tenant, or by a person possessed of land on behalf of another person under a legal disability, such as the guardian of a minor. Sub-section 38(3) provides that an agreement for sale or lease of land by a person who is not the beneficial owner, or an agreement by such a person to accept compensation, must be approved by the High Court or the relevant Supreme Court. Clause 53 amends sub-section 38(3) of the Principal Act so as to delete the reference to the High Court in that sub-section.

Clause 54:

85. Section 39 of the Act provides for the application of moneys deriving from a sale, lease or agreement to which section 38 of the Act refers - see paragraph 84 above. The moneys may be paid into the High Court or a Supreme Court, and the Court has power to make orders in respect of the application of those moneys.

86. Clause 54 amends section 39 to delete reference to the High Court and officers of that Court.

Clause 55:

87. Section 44 of the Principal Act empowers the High Court or a Supreme Court to order a stay of proceedings under a mortgage over land acquired under the Act. Clause 55 omits the reference to the High Court in that section.

Clause 56:

88. This clause makes a drafting amendment to section 52 of the Principal Act, consequent upon the policy of referring to laws of the Commonwealth instead of laws of Australia.

Clause 57:

89. Section 62 of the Principal Act invests jurisdiction in courts with respect to matters arising under the Principal Act. Clause 57(a) omits the reference in the section to the High Court.

90. The repeal by paragraph 57(b) of sub-section 62(2) is consequent upon amendments made to the Judiciary Act by the Judiciary Amendment Act 1976.

Clause 58:

91. The amendments made by clause 58 to section 67 and Schedules 1 and 2 of the Principal Act are of a drafting nature only. Section 57 and the Schedules provided for certain amendments to be made to other Acts specified in those Schedules consequent upon certain amendments to the Lands Acquisition Act.

Part IX - Amendments of the Loan (Drought Bonds) Act 1969

Clause 59:

92. This clause provides for the citation of the Loan (Drought Bonds) Act 1969 as the Principal Act in this Part of the Jurisdiction of Courts (Miscellaneous Amendments) Bill.

Clause 60:

93. Clause 60 inserts new section 15A in the Principal Act. Section 15A defines 'Supreme Court' to mean a State Supreme Court or the A.C.T. or N.T. Supreme Court. (Amendments made by clause 62 vest jurisdiction in Supreme Courts under the Principal Act.).

Clause 61:

94. This clause inserts new sections 25A and 25B in the Principal Act. The need for these sections arises out of the amendment of section 26 by clause 62. Section 25A limits the jurisdiction of the A.C.T. Supreme Court and N.T. Supreme Court in proceedings taken under section 26 of the Principal Act. That jurisdiction is to be limited to proceedings where a person, in the case of an individual, is ordinarily resident in the Territory, or, in the case of a company, has its principal place of business in the Territory.

95. Section 25B makes provision for the transfer of proceedings instituted in a Supreme Court under section 26 of the Principal Act to another Supreme Court. New sub-section 25B(2) makes provision for consequential machinery matters.

Clause 62:

96. Section 26 of the Principal Act provides for an appeal to a Taxation Board of Review from a refusal of the Commissioner of Taxation to make certain declarations under the Principal Act. An appeal lies to the High Court from a decision of the Board of Review that involves a question of law.

97. Clause 62 amends section 26 so as to provide that an appeal from a decision of a Board of Review that involves a question of law lies to a single Judge of a Supreme Court instead of to the High Court. Any further appeal is only to lie, by leave of the Federal Court of Australia, to the Full Court of that Court, or, by special leave of the High Court, to that Court.

98. An appeal to the High Court from a decision of the Federal Court of Australia under this Act is only to be by special leave of the High Court - new sub-section 26(8D). This overrides any right to appeal to the High Court that might otherwise arise under section 33 of the Federal Court of Australia Act 1976.

99. Sub-clause 64(2) makes saving provision with respect to existing rights of appeal or proceedings already instituted in the High Court at the time the amendments made by this Part of the Jurisdiction of Courts (Miscellaneous Amendments) Bill commences. This sub-clause is subject to the remittal powers vested in the High Court under Part XIX of the Bill.

Clause 63:

100. This clause inserts new section 30A of the Principal Act providing for the practice and procedure of a Supreme Court on an appeal under section 26. That practice and procedure is to be governed by the High Court Rules until regulations are made under the Principal Act.

101. New section 30A is analogous to provision made by section 196A of the Income Tax Assessment Act 1936.

Clause 64:

102. Clause 64 consequentially amends section 31 of the Principal Act so as to enable regulations to be made for the practice and procedure of Supreme Courts in relation to proceedings to which new section 30A applies - see clause 63.

Part X - Amendments of the Patents Act 1952

Clause 65:

103. This clause provides for the citation of the Patents Act 1952 as the Principal Act in this Part of the Jurisdiction of Courts (Miscellaneous Amendments) Bill.

Clause 66:

104. This is a drafting amendment only. The reference to section 129 is to be omitted as no trust is in fact created by that section.

Clause 67:

105. This is a drafting amendment only.

Clause 68:

106. Sub-section 54(2) of the Principal Act is substituted so as to vary the existing provision made for the extension of time for acceptance of an application to take account of the possibility of an application to the Administrative Appeals Tribunal for the review of a decision of the Commissioner or an appeal from a decision of the Tribunal. Where an appeal has been made to a court or an application has been made to the Administrative Appeals Tribunal, the time for acceptance is to be automatically extended until 3 months after the determination of the appeal or application. This automatic extension is now also to be given where the application for review or appeal is withdrawn before a decision is given by the Tribunal or court. However, the court or Tribunal is given power under new sub-section 54(2) to allow a longer extension of time.

Clause 69:

107. Sub-section 66(1) was amended in 1976 to provide that the Commissioner, instead of the High Court, may further extend the time for sealing of a patent. (See Patents Amendment Act 1976.) A further amendment is however now necessary to clarify that the Commissioner's discretion is to be exercised in accordance with section 160. Section 160 sets out the circumstances in which an extension of time for doing an act or thing can be made.

108. Sub-section 66(3) is amended to cover the possibility of a delay in sealing a patent due to an application to the Administrative Appeals Tribunal or an appeal from a decision of the Tribunal. The sub-section also makes provision to allow the Commissioner of Patents to extend the time for sealing where the appeal to a court or the application to the Tribunal is discontinued before determination.

Clause 70:

109. This amendment makes an amendment to section 75 of the Principal Act, consequential on amendments made by the Patents Amendment Act 1976.

Clause 71:

110. This clause inserts a new sub-section 146(4) which empowers the making of regulations prescribing the practice and procedure of prescribed courts in proceedings under the Act. In particular, it will be possible to make regulations prescribing time limits for appeal to prescribed courts.

Clause 72:

111. Section 148 of the Principal Act provides for appeals from prescribed courts (which are State and Territory Supreme Courts) exercising jurisdiction under the Act. The amendment to sub-section (1) ensures that this appeal provision applies also to a judgment or order of any other court in a patent infringement action.

Clause 73:

112. This clause omits section 151A of the Principal Act. That section provided specially for the constitution of the Administrative Appeals Tribunal in hearing an application made under the Act. If section 151A is omitted, the ordinary provisions of the Administrative Appeals Tribunal Act 1975 concerning the constitution of the Tribunal will apply, thus giving the President greater flexibility in constituting the Tribunal to hear a particular matter.

Clause 74:

113. This is a drafting amendment, amending section 159C of the Principal Act consequent upon amendments made by the Patents Amendment Act 1976.

Part XI - Amendments of the Pay-roll Tax (Territories) Assessment Act 1971

Clause 75:

114. This clause provides for the citation of the Pay-roll Tax (Territories) Assessment Act 1971 as the Principal Act in this Part of the Jurisdiction of Courts (Miscellaneous Amendments) Bill.

Clause 76:

115. This clause inserts a new section 37A in the Principal Act which defines 'Supreme Court' to mean the A.C.T. or the N.T. Supreme Court. This definition is necessary in view of the jurisdiction vested in Supreme Courts by the amendment to the Principal Act made by clause 77 - see paragraph 116 below. Jurisdiction is vested in both the A.C.T. and N.T. Supreme Courts notwithstanding that the Principal Act has been amended to allow the Northern Territory to levy its own pay-roll tax. It is expected that cases may continue to arise under the Act in respect of post assessments of pay-roll tax which would give rise to appeals for some time to come.

Clause 77:

116. Section 40 of the Principal Act provides for an appeal or reference on a question of law to the High Court from a decision of a Taxation Board of Review. Clause 77 amends section 40 of the Principal Act to provide instead for an appeal or reference to a Territory Supreme Court.

117. The amendments made by clause 77 also provide that the decision of a Supreme Court is final (new sub-section (8)), except insofar as

(a): the Federal Court of Australia gives leave to appeal to the Full Court of that Court; or
(b): the High Court gives special leave to appeal to that Court (new sub-section (9)).

An appeal from the Federal Court of Australia to the High Court lies only by special leave of the High Court (new sub-section (11)). This overrides any right of appeal to the High Court that might exist by virtue of section 33 of the Federal Court of Australia Act 1976.

118. The provision made by new sub-section 28(10) for refund of the fee deposited on making application to the Board of Review repeats the existing provision made by sub-section 28(6), which has been repealed.

119. Sub-clause 77(2) preserves the right to appeal to the High Court in cases where a right to appeal exists at the date the amendments to the Principal Act come into force. It also preserves the jurisdiction of the High Court in respect of proceedings already instituted in the High Court at that date. The sub-clause is subject to the remittal powers vested in the High Court under Part XIX of the Bill.

Clause 78:

120. This clause inserts new section 40A, providing for the transfer of proceedings from one Supreme Court to another and for consequential machinery matters.

Clause 79:

121. This clause inserts a new section 41A in the Principal Act. That section provides for the practice and procedure of a Supreme Court on an appeal or reference made to it from a Board of Review under the Principal Act. That practice and procedure is to be governed by the High Court Rules until regulations are made under the Principal Act.

122. New section 41A is analogous to provision made by section 196A of the Income Tax Assessment Act 1936.

Clause 80:

123. This clause substitutes a new section 50 of the Principal Act relating to taxation prosecutions. New section 50 differs from the previous provision in that it does not provide for taxation prosecutions under the Principal Act to be brought in the High Court. Provision is made by sub-clause 80(2) to preserve the jurisdiction of the High Court with respect to prosecutions instituted in the High Court before the amendments made to this Part of the Jurisdiction of Courts (Miscellaneous Amendments) Bill come into force.

Clause 81:

124. This clause substitutes a new section 52 in the Principal Act, to enable a defendant in a taxation prosecution brought in a court of summary jurisdiction to elect to have his case tried in a Supreme Court.

125. New section 52 differs from the present section 52 in that the defendant is no longer able to elect to have his case tried in the High Court. In addition, that right of election will only arise where the penalty is over $500 and not $200 as at present.

Clause 82:

126. This clause is consequential on clauses 80 and 81.

Clause 83:

127. Clause 83 amends section 70 of the Principal Act to empower the making of regulations for the practice and procedure of Supreme Courts under the Principal Act - see new section 41A (paragraph 121 above).

Part XII - Amendments of the Sales Tax Assessment Act (No. 1) 1930

Clause 84:

128. This clause provides for the citation of the Sales Tax Assessment Act (No. 1) 1930 as the Principal Act in this Part of the Sales Tax Assessment Act (No. 1) 1930.

Clause 85:

129. Clause 85 inserts new sections 39A, 39B and 39C in the Principal Act.

130. New section 39A defines 'Supreme Court' to mean a State Supreme Court or the A.C.T. or N.T. Supreme Court. The insertion of this section is consequential on amendments made to section 42 of the Principal Act, which vest jurisdiction in Supreme Courts under the Principal Act.

131. New section 39B limits the jurisdiction of the A.C.T. Supreme Court and N.T. Supreme Court in proceedings taken under section 42 of the Principal Act as amended. That jurisdiction is limited to proceedings where a taxpayer, in the case of an individual, is ordinarily resident in the Territory, or, in the case of a company, has its principal place of business in the Territory.

132. New section 39C makes provision for the transfer of proceedings instituted in one Supreme Court under section 42 of the Principal Act as amended to another Supreme Court. New sub-section 39C(2) makes provision for consequential machinery matters.

Clause 86:

133. Sections 40 and 41 of the Principal Act empower a Board of Review to review objections to decisions of the Commissioner of Taxation, a Second Commissioner or a Deputy Commissioner under the Principal Act. Section 42 provides for an appeal or reference of questions of law to the High Court from a Board of Review.

134. Clause 86 amends section 42 so as to provide that an appeal or reference on a question of law from a Board of Review lies to a single Judge of a Supreme Court instead of to the High Court. Any further appeal is only to lie by leave of the Federal Court of Australia, to that Court, or, by special leave of the High Court, to that Court - new sub-sections (9) and (10).

135. Furthermore, new sub-section 42(11) provides that no appeal is to lie to the High Court from a decision of the Federal Court of Australia under this Act except by special leave of the High Court. This overrides any right of appeal to the High Court that might exist by virtue of section 33 of the Federal Court of Australia Act.

136. Sub-clause 86(2) preserves the right to appeal to the High Court in cases where a right to appeal exists at the date the amendments to the Principal Act come into force. It also preserves the jurisdiction of the High Court in respect of proceedings already instituted in the High Court at that date. The sub-clause is subject to the remittal powers vested in the High Court under Part XIX of the Bill.

Clause 87:

137. Clause 87 makes consequential amendment to section 44 of the Principal Act, which provides for adjustment of sales taxes consequential upon a decision of a court.

Clause 88:

138. This clause inserts a new section 44A of the Principal Act, providing for the practice and procedure of a Supreme Court on an appeal or reference made under section 42 as amended. That practice and procedure is to be governed by the High Court Rules until regulations are made under the Principal Act.

139. New section 44A is analogous to provision made by section 196A of the Income Tax Assessment Act 1936.

Clause 89:

140. Section 54 of the Principal Act provides for taxation prosecutions to be instituted in the High Court or a State Supreme Court, County or District Court or a court of summary jurisdiction, depending on the amount of penalty involved.

141. Clause 89 substitutes a new section 54, omitting reference to the High Court. New section 54 also confers jurisdiction on Territory courts in tax prosecutions under the Principal Act.

142. New sub-clause 89(2) makes savings provision with respect to prosecutions instituted in the High Court before the amendment made by this Part of the Bill comes into force.

Clause 90:

143. Section 56 of the Principal Act enables a defendant in a taxation prosecution in a County or District Court or a court of summary jurisdiction to elect to have his case removed to the High Court or a Supreme Court. Clause 90 re-enacts section 56 with the following changes:

(a): it is provided that prosecutions may be removed to both State and Territory Supreme Courts;
(b): a prosecution will not be removable to the High Court;
(c): a right of election will exist where the penalty exceeds $500 and, not as previously, $200.

Clause 91:

144. This clause amends section 57 of the Principal Act consequentially on the amendments made by clause 89 - see paragraph 140 above.

Clause 92:

145. Clause 92 amends the provision made in section 58 of the Principal Act for the practice of, and appeals from, courts of summary jurisdiction in consequence of the conferring on courts of summary jurisdiction in a Territory of jurisdiction in a prosecution under the Principal Act - see clause 89.

Clause 93:

146. Clause 93 amends section 73 of the Principal Act so as to enable regulations to be made for the practice and procedure of Supreme Courts in relation to proceedings to which new section 44A applies. This is consequential on the amendment made by clause 88.

Part XIII - Amendments of the States Receipts Duties (Administration) Act 1970

Clause 94:

147. This clause provides for the citation as the Principal Act of the States Receipts Duties (Administration) Act 1970 in this Part of the Jurisdiction of Courts (Miscellaneous Amendments) Bill.

Clause 95:

148. Sections 56 and 57 of the Principal Act provide for a reference to a Board of Review of an objection to the Commissioner's decision on an assessment. Section 58 provides for an appeal or reference from a Board of Review to the High Court.

149. Clause 95 inserts new sections 58 and 58A in the Principal Act.

150. New section 58 provides for an appeal or reference from a Board of Review to lie to a single Judge of a Supreme Court in place of to the High Court. Any further appeal is only to lie by leave of the Federal Court of Australia to that Court, or, by special leave of the High Court, to that Court.

151. New sub-section 58(6) provides that no appeal is to lie to the High Court from a decision of the Federal Court of Australia except by special leave of the High Court. This overrides any right of appeal to the High Court that might exist by virtue of section 33 of the Federal Court of Australia Act 1976.

152. New section 58A provides for the transfer of proceedings instituted in a Supreme Court to another Supreme Court. Provision is also made for consequential machinery matters.

153. Sub-clause 95(2) preserves the right to appeal to the High Court in cases where a right of appeal exists at the date the amendments to the Principal Act come into force. It also preserves the jurisdiction of the High Court in respect of proceedings already instituted in the High Court at that date. The sub-clause is subject to the remittal powers vested in the High Court under Part XIX of the Bill.

Clause 96:

154. This clause inserts new section 59A which makes provision for the practice and procedure of a Supreme Court in proceedings on an appeal or reference under new section 58 inserted by clause 95. Until regulations are made under the Principal Act, the High Court Rules are to apply.

155. New section 59A is analogous to provision made by section 196A of the Income Tax Assessment Act 1936.

Clause 97:

156. The amendments made by this clause to section 68 of the Principal Act remove the jurisdiction of the High Court and Territory Supreme Courts in prosecutions for the recovery of a penalty.

157. Sub-clause 97(2) preserves the jurisdiction of the High Court or a Territory Supreme Court in relation to prosecutions instituted before this Part of the Bill comes into operation.

Clause 98:

158. This clause substitutes a new section 71 in the Principal Act. That section repeats the existing provision 71, which enables a defendant to a prosecution in a court of summary jurisdiction to elect to have his case removed into a Supreme Court, but with the following changes:

(a): prosecutions will no longer be removable into a Territory Supreme Court;
(b): a prosecution will not be removable into the High Court; and
(c): a right of election will only arise where the prosecution is for a penalty over $500 and not, as previously, $200.

Clause 99:

159. The amendment to section 72 of the Principal Act is consequential on the amendments made by clause 97.

Clause 100:

160. The amendment to section 73 of the Principal Act is likewise consequential on the amendment made by clause 97.

Clause 101:

161. The amendment to section 85 of the Principal Act is consequential on the amendments made by clauses 95 and 97.

Clause 102:

162. Clause 102 amends section 89 of the Principal Act to enable regulations to be made under the Principal Act prescribing the practice and procedure of Supreme Courts in proceedings to which new section 59A applies - see clause 96.

Part XIV - Amendments of the Stevedoring Industry Charge Assessment Act 1947

Clause 103:

163. This clause provides for the citation of the Stevedoring Industry Charge Assessment Act 1947 as the Principal Act in this Part of the Jurisdiction of Courts (Miscellaneous Amendments) Bill.

Clause 104:

164. Clause 104 substitutes a new section 42 in the Principal Act. The original jurisdiction of the High Court in a prosecution for a penalty under the Act is removed. Henceforth, a prosecution is to be instituted in a State or Territory Supreme Court or a County Court, District Court, Local Court or a court of summary jurisdiction depending on the amount of penalty involved.

165. Sub-clause 104(2) preserves the jurisdiction of the High Court in relation to a prosecution instituted in that Court before this Part of the Bill commences.

Clause 105:

166. This clause substitutes a new section 45 in the Principal Act. That section repeats the provision made by the present section 45 which enables a defendant to a prosecution in a court other than a Supreme Court to elect to have his case removed into a Supreme Court, but with the following changes:

(a): the prosecution will be removable into a State or a Territory Supreme Court;
(b): a prosecution will not be removable to the High Court; and
(c): a right of election will only arise where the prosecution is for a penalty over $500 and not, as previously, $200.

Clause 106:

167. The amendment made by clause 106 is consequential on the amendment made by clause 104.

Clause 107:

168. The amendment made by clause 107 is likewise consequential on the amendment made by clause 104.

Part XV - Amendments of the Taxation Administration Act 1953

Clause 108:

169. This clause provides for the citation of the Taxation Administration Act 1953 as the Principal Act in this Part of the Jurisdiction of Courts (Miscellaneous Amendments) Bill.

Clause 109:

170. This clause inserts a definition of 'Supreme Court' in section 14A of the Principal Act. This has the effect, in conjunction with the amendment made by clause 110, of conferring jurisdiction to hear appeals from a Board of Review under the Act on the State Supreme Courts and the A.C.T. or N.T. Supreme Courts.

Clause 110:

171. Clause 110 amends section 14H of the Principal Act so as to provide that an appeal or reference on a question of law from a Board of Review lies to a single Judge of a State Supreme Court instead of to the High Court. Any further appeal is only to lie, by leave of the Federal Court of Australia, to that Court, or, by special leave of the High Court, to that Court - new sub-sections (6B) and (6C).

172. Furthermore, new sub-section (6D) provides that no appeal is to lie to the High Court from a decision of the Federal Court of Australia under the Act except by special leave of the High Court. This overrides any right of appeal to the High Court that might exist by virtue of section 33 of the Federal Court of Australia Act.

173. Sub-clause 110(2) preserves the right to appeal to the High Court in cases where a right to appeal exists at the date the amendments to the Principal Act come into force. It also preserves the jurisdiction of the High Court in respect of proceedings already instituted in the High Court at that date. The sub-clause is subject to the remittal powers of the High Court under Part XIX of the Bill.

Clause 111:

174. Clause 111 inserts new sections 14HA and 14HB in the Principal Act.

175. New section 14HA limits the Jurisdiction of the A.C.T. and N.T. Supreme Court under section 14H of the Principal Act to proceedings where the person concerned, in the case of an individual, was ordinarily resident in the Territory, or, in the case of a company, had its principal place of business in the Territory.

176. New section 14HB provides for the transfer of proceedings before a Supreme Court to another Supreme Court and for consequential machinery matters.

Clause 112:

177. This clause inserts a new section 14P, which provides for the practice and procedure of Supreme Courts in proceedings under new section 14H of the Principal Act. Until regulations are made under the Principal Act, the High Court Rules are to apply to those proceedings.

178. New section 14P is analogous to provision made by section 196A of the Income Tax Assessment Act 1936.

Clause 113:

179. Clause 113 amends section 18 of the Principal Act to enable regulations to be made under the Principal Act prescribing the practice and procedure of Supreme Courts in proceedings to which new section 14P of the Principal Act applies - see clause 112.

Part XVI - Amendments of the Wool Tax (Administration) Act 1964

Clause 114:

180. This clause provides for the citation of the Wool Tax (Administration) Act 1964 as the Principal Act in this Part of the Jurisdiction of Courts (Miscellaneous Amendments) Bill.

Clause 115:

181. Clause 115 amends sub-section 4(5) of the Principal Act. This sub-section provides that, for the purposes of the Act, the A.C.T. is to be treated as part of New South Wales and that the N.T. is to be treated as a State.

182. The amendment made by clause 115 is consequential upon the amendments made by clauses 116-118. The effect is that the deeming provisions of sub-section 4(5) are not to apply to the exercise of jurisdiction to be conferred on State and Territory Supreme Courts.

Clause 116:

183. Clause 116 inserts new sections 55A, 55B and 55C in the Principal Act.

184. New section 55A provides for the definition of 'Supreme Court' as a State Supreme Court or the A.C.T. or N.T. Supreme Court. This definition is necessary in view of the jurisdiction now to be vested in Supreme Courts under new section 59 - see clause 117.

185. New section 55B limits the jurisdiction of the A.C.T. and N.T. Supreme Court under the Act to proceedings where the person, in the case of an individual, is ordinarily resident in the Territory concerned, or, in the case of a company, has its principal place of business in that Territory.

186. New section 55C provides for the transfer of proceedings in a Supreme Court to another Supreme Court and for consequential machinery matters.

Clause 117:

187. Section 59 of the Principal Act provides for appeals from a Taxation Board of Review, or references on a question of law to be made from a Board of Review to the High Court. The amendment made by this clause removes the jurisdiction of the High Court and provides instead for the Supreme Court as defined to have jurisdiction.

188. New section 59 provides for an appeal or reference from a Board of Review to lie to a single Judge of a Supreme Court. Any further appeal is only to lie, by leave of the Federal Court of Australia, to that Court, or, by special leave of the High Court, to that Court. Sub-section 59(6) provides that no appeal is to lie to the High Court from a decision of the Federal Court of Australia under the Act except by special leave of the High Court. This overrides any right of appeal to the High Court that might exist by virtue of section 33 of the Federal Court of Australia Act.

189. Sub-clause 117(2) preserves the right to appeal to the High Court in cases where a right to appeal exists at the date the amendments to the Principal Act come into force. It also preserves the jurisdiction of the High Court in respect of proceedings already instituted in the High Court at that date. The sub-clause is subject to the remittal powers of the High Court under Part XIX of the Bill.

Clause 118:

190. This clause inserts new section 60A in the Principal Act. The new section makes provision for the practice and procedure of Supreme Courts in proceedings in a Supreme Court under new section 59 of the Principal Act. Until regulations are made under the Principal Act, the High Court Rules are to apply to such proceedings.

191. New section 60A is analogous to provision made by section 196A of the Income Tax Assessment Act 1936.

Clause 119:

192. The amendment made by this clause to section 71 of the Principal Act removes the jurisdiction of the High Court in prosecutions for the recovery of a pecuniary penalty under the Act.

193. Sub-clause 119(2) saves the jurisdiction of the High Court in relation to a prosecution instituted in the High Court before this Part of the Jurisdiction of Courts (Miscellaneous Amendments) Bill commences.

Clause 120:

194. This clause substitutes a new section 74. That section repeats the provision made by the present section 74 which entitles a defendant to a taxation prosecution in a court of summary jurisdiction to elect to have his case removed into the High Court or a Supreme Court, but with the following changes:

(a): a prosecution will not be removable into the High Court; and
(b): a right of election will only arise where the prosecution is for a penalty over $500 and not, as previously, $200.

Clause 121:

195. This clause makes a consequential amendment to section 75 of the Principal Act, which provides for the procedures to be applied in a prosecution under the Act.

Clause 122:

196. Clause 122 amends section 93 of the Principal Act to enable regulations to be made under the Principal Act prescribing the practice and procedure of Supreme Courts in proceedings to which new section 59 applies - see clause 118.

Part XVII - Amendments of other Acts

Clause 123:

197. Clause 123 provides for the amendment of the Acts specified in the Schedule to the Bill.

Part XVIII - Savings

Clause 124:

198. Sub-clause (1) provides that the amendments made by the Bill to the Copyright Act 1968, the Designs Act 1906, the Lands Acquisition Act 1955 and to the Acts specified in the Schedule are not to affect proceedings pending in a court at the time the amendments take effect.

199. Sub-clauses (2), (3) and (4) make specific savings provisions with respect to amendments made in the Schedule to the Courts-Martial Appeals Act 1955, the Crimes Act 1914 and the Service and Execution of Process Act 1901, to preserve the effect of certain things done under those Acts before the amendments come into operation.

Part XIX - Remittal to Supreme Court of Certain Proceedings Pending in High Court

Clause 125:

200. Other provisions made by this Bill preserve the High Court's jurisdiction with respect to certain taxation proceedings pending in the High Court at the time the amendments made by this Bill to the Estate Duty Assessment Act 1914, the Export Incentives Grants Act 1971, the Gift Duty Assessment Act 1941, the Loan (Drought Bonds) Act 1969, Pay-Roll Tax (Territories) Assessment Act 1971, the Sales Tax Assessment Act (No. 1) 1930, the States Receipts Duties (Administration) Act 1970, the Taxation Administration Act 1953 and the Wool Tax (Administration) Act 1964 come into force.

201. Where such a saving provision has been made, clause 125 provides that the High Court may remit the proceedings to the Supreme Court of a State or Territory having jurisdiction in that proceeding under the relevant statute as amended.

Clause 126:

202. This clause makes provision in respect of a case where the High Court remits a matter to the Supreme Court of a State or Territory pursuant to clause 125 of the Bill, for certain machinery matters relating to remittal and the proceedings of a Supreme Court on such a case.

Clause 127:

203. Where a proceeding is remitted to a Supreme Court under clause 125 the same right of appeal from the decision of the Supreme Court in that proceeding is to exist as if the proceedings had been instituted in the Supreme Court under the relevant Act as amended by the Bill. That is, no appeal lies to the State Full Court or Court of Appeal, an appeal lies to the Full Court of the Federal Court of Australia by leave of that Court, and an appeal lies to the High Court from the Supreme Court by special leave of the High Court.

Clause 128:

204. Where notice of the decision of the Commissioner of Taxation on an objection under the Estate Duty Assessment Act or the Gift Duty Assessment Act has been served on the taxpayer before the commencement of Parts IV or VI of the Bill respectively, the right of the taxpayer to request the Commissioner to treat his objection as an appeal and to forward it to the High Court is preserved - see clauses 27 and 42.

205. Clause 128 provides that where a taxpayer has made such a request before the commencement of the relevant part of the Bill, asking that his objection be treated as an appeal to the High Court, he may amend the request and ask that it be forwarded to the Supreme Court of a State or Territory.

SCHEDULE

Air Navigation Act 1920

206. Section 25 of the Air Navigation Act 1920 conferred jurisdiction on State and Territory courts with respect to offences against the Act. This provision is no longer required having regard to sections 39A and 68 of the Judiciary Act 1903 as amended by the Judiciary Amendment Act 1976.

Arbitration (Foreign Awards and Agreements) Act 1974

207. Sub-section 8(3) of this Act provides for enforcement of foreign arbitral awards in the Superior Court of Australia if a Court by that name 'is established'. No such court has been established and sub-section 8(3) is to be omitted. The amendment does not affect the jurisdiction conferred on State and Territory courts to enforce foreign arbitral awards.

Banking Act 1959

208. Certain jurisdiction under the Banking Act 1959 is vested in the High Court by that Act -

(a): The Full Court of the High Court is empowered to order that the Reserve Bank cease to control the business of a bank, in a case where the Reserve Bank has assumed control of that bank and the High Court is satisfied this is no longer needed to protect the depositors of that bank - sub-section 14(6).
(b): The Full Court of the High Court is empowered, upon the application of the Attorney-General, to direct a bank to comply with the provisions of the Banking Act and, in default of compliance with the direction, to authorize the Reserve Bank to assume control of that bank - section 65.
(c): The High Court is empowered, upon application made by the Treasurer, to declare moneys to be unclaimed moneys - sub-section 69(11).

This jurisdiction is to be vested in the Federal Court of Australia, to be exercised by the Full Court of that Court or a single Judge, as the case may be.

Civil Aviation (Damage by Aircraft) Act 1958

209. Sub-section 15(2) of this Act confers power to make regulations vesting jurisdiction in the High Court and in State and Territory Courts. The amendment removes the power to vest jurisdiction in the High Court.

Commonwealth Electoral Act 1918

210. Section 164BB of this Act is amended to remove the jurisdiction given to 'any Federal Court' to grant an injunction for the purpose of ensuring compliance with section 164B of the Act. (Section 164B prohibits the display of certain electoral posters.) Jurisdiction vested in State and Territory Supreme Courts to grant an injunction under section 164B is not affected.

Commonwealth Inscribed Stock Act 1911

211. Section 21 of this Act vests jurisdiction in the High Court and State and Territory Supreme Courts to make an order for the transfer of stock inscribed in the joint names of an infant and one or more adult persons notwithstanding the fact that the infant is a minor. The section is amended to remove the jurisdiction of the High Court.

212. Section 43 of the Act is amended consequentially.

Courts-Martial Appeals Act 1955

213. Sub-section 50(2) of this Act vests jurisdiction in the High Court and the State and Territory Supreme Courts to punish contempt of the Courts-Martial Appeal Tribunal as if the contempt were a contempt of the Court concerned. In the case of a contempt of the Tribunal committed in Australia, the jurisdiction is vested in the High Court or the Supreme Court of the State or Territory in which the contempt was committed. In the case of a contempt committed outside Australia, jurisdiction is vested in the High Court.

214. Sub-section 50(2) is amended to remove the jurisdiction of the High Court and to provide that, in the case of a contempt of the Tribunal committed elsewhere than in a State or an internal Territory, jurisdiction is vested in the Supreme Court of any State or Territory.

215. A consequential amendment is made to sub-section (4).

216. Sub-sections (5), (8), (9) and (10) of section 50 are omitted as a consequence of the amendment to sub-section (2) and a new sub-section (8) is substituted investing the State and Territory Supreme Courts with jurisdiction to hear and determine proceedings in respect of a contempt of the Tribunal.

217. Part V of the Act provides for reference to the High Court from the Courts-Martial Appeal Tribunal of questions of law. The jurisdiction now vested in the High Court is to be vested in the Federal Court of Australia.

Crimes Act 1914

218. The amendments to sections 30A and 30FD of the Crimes Act 1914 are consequential on the amendments made to section 30AA of that Act.

219. The jurisdiction of the High Court or a State Supreme Court under section 30AA of the Crimes Act 1914 to make an order declaring a body of persons to be an unlawful association is to be vested instead in the Federal Court of Australia.

220. Likewise the jurisdiction conferred on the Full Court of the High Court under sub-section 30AA(9) of the Crimes Act to set aside such an order is to be vested instead in the Full Court of the Federal Court of Australia.

Customs Act 1901

221. Section 198 of the Customs Act empowers the High Court or a State or Territory Supreme Court to grant a Writ of Assistance. The amendment to that section removes this jurisdiction from the High Court.

222. Section 221 of the Customs Act 1901 provides that no proceedings are to be commenced against any Customs officer for anything done in execution of his office unless certain notice is given to him. The High Court or a State Supreme Court may grant leave to proceed without notice. The amendment made to section 221 confers this jurisdiction on the Supreme Court of the States and the A.C.T. and the Northern Territory. Section 227 is amended to remove from the High Court the power to order that security be given before certain proceedings are commenced. This power is to be exercised by a State Supreme Court or the A.C.T. or Northern Territory Supreme Court.

223. The amendments to sections 245 to 248 deal with jurisdiction in Customs prosecutions. Jurisdiction is now vested in the High Court and in State Courts. The purpose of the amendments is to remove the jurisdiction of the High Court in these matters, and to confer jurisdiction on courts in the A.C.T. and the Northern Territory in addition to the State courts.

Defence Act 1903

224. Section 91 of the Defence Act confers jurisdiction on the High Court and Supreme Courts in prosecutions for contempt of a court-martial. The amendment to this section removes the jurisdiction from the High Court, and makes clear that the jurisdiction is also vested in Territory Supreme Courts.

Defence (Special Undertakings) Act 1952

225. Section 30 of this Act had conferred jurisdiction on State and Territory courts with respect to offences against the Act. This provision is no longer required, having regard to sections 39A and 68 of the Judiciary Act 1903 as amended by the Judiciary Amendment Act 1976.

Excise Act 1901

226. Section 109 of the Excise Act 1901 provides that no proceedings are to be commenced against any Excise officer for anything done in the execution of his office unless certain notice is given to him. The High Court or a State Supreme Court may grant leave to proceed without notice. The amendment made to section 109 confers this jurisdiction on the Supreme Courts of the States and the A.C.T. and the Northern Territory.

227. A consequential amendment is made to section 115 of the Excise Act.

228. The amendments to sections 134 to 137 deal with jurisdiction in Excise prosecutions. Jurisdiction is now vested in the High Court and in State courts. The purpose of the amendments is to remove the jurisdiction of the High Court in these matters, and to confer jurisdiction on the Territory courts in addition to the State courts.

Federal Court of Australia Act 1976

229. Sub-section 20(1) of the Federal Court of Australia Act provides for the exercise of the original jurisdiction of the Court. Unless another Act otherwise provides, original jurisdiction in the Industrial Division of the Court is to be exercised by a Full Court.

230. The Conciliation and Arbitration Act 1904 has now been amended to provide that original jurisdiction under that Act may be exercised by the Court constituted by a single Judge except in specified cases. Sub-section 20(1) of the Federal Court of Australia Act is amended consequential on that change.

Financial Agreements (Commonwealth Liability) Act 1932

231. The jurisdiction now vested in the High Court in suits by a bondholder against the Commonwealth, under sub-section 4(2) of the Financial Agreements (Commonwealth Liability) Act 1932, is to be vested in State and Territory Supreme Courts.

Foreign Takeovers Act 1975

232. This amendment transfers jurisdiction from the Australian Industrial Court to the Federal Court of Australia. This provision was apparently overlooked when the Federal Court of Australia (Consequential Provisions) Act 1976 was being prepared.

Historic Shipwrecks Act 1976

233. Section 21 of the Historic Shipwrecks Act 1976 provides that action may be brought against the Commonwealth to determine compensation, resulting from an acquisition of property under the Act, in the High Court or the Supreme Court of a State or Territory. The amendment made to section 21 removes the reference to the High Court.

Insurance (Deposits) Act 1932

234. Sections 17, 20 and 24 of this Act provide for an appeal to the High Court or a State or Territory Supreme Court from a decision of the Treasurer as to the net liability or premium income of any person carrying on insurance business, the value of securities deposited under the Act or otherwise as to the amount of deposit required by this Act. Jurisdiction is now to be vested in the Administrative Appeals Tribunal to review decisions of the Treasurer in these matters. The Tribunal already has jurisdiction to review administrative decisions of a like nature under the Insurance Act and the Life Insurance Act.

235. Sub-section 18(3) provides for the case where insurance business is carried on outside Australia and the company is being wound up or, in the case of an individual, his estate has been sequestrated. The sub-section empowers 'the Court' to order that the deposit or a part of the deposit lodged with the Treasurer under the Act be transferred to a liquidator of the company or the trustee in bankruptcy, as the case may be, outside the Commonwealth. Section 3 of the Act defines 'the Court' as meaning the High Court or the Supreme Court of the State or Territory in which the subject matter in question arises. It is not clear that a Supreme Court would have jurisdiction under sub-section 18(3). Consequently the amendment to this sub-section vests the jurisdiction in the Federal Court of Australia.

Judiciary Act 1903

236. The amendment to section 21 of the Judiciary Act makes it clear that the reference in sub-section (2) of that section to the Full Court of a State Supreme Court includes a reference to the Court of Appeal in the State where, as in New South Wales, there is a Court of Appeal constituted as a part of the Supreme Court.

237. The amendment to section 35 is an interpretation provision intended to make it clear that the provision in sub-section 35(6), providing for a right of appeal to the High Court from a decision of a State Full Court involving the interpretation of the Constitution, should only be overridden by express provisions in a later Act.

238. The amendment to sub-section 56(2) is a drafting amendment consequential upon an amendment made to section 56(1) by the Judiciary Amendment Act 1976.

Overseas Telecommunications Act 1946

239. Sub-section 66(6) of the Overseas Telecommunications Act 1946 provides that a person may apply to the High Court for leave to make a claim for compensation, notwithstanding the expiration of the period for making that claim. The amendments to section 66 confer this jurisdiction instead on State and Territory Supreme Courts.

240. Section 69 of the Act is amended to transfer the jurisdiction of the High Court to review an assessment made by the Compensation Board under the Act to the relevant State or Territory Supreme Court.

241. Consequential changes are made to sub-sections 69(2) and (3) and section 70.

Parliamentary Contributory Superannuation Act 1948

242. Section 25 of this Act provides for a dispute under the Act to be determined by the Trust and for an appeal to lie to a single Judge of the High Court.

243. Section 25 is repealed and a new section 25 substituted to provide for an appeal to the Administrative Appeals Tribunal. An application may be made to the Trust to reconsider a decision. If the Trust confirms or varies the decision, then application may be made to the Tribunal for a review of the decision to confirm or vary the earlier decision.

Patents Amendment Act 1976

244. These are drafting amendments only.

Royal Commissions Act 1902

245. Sub-section 60(2). of this Act empowers a High Court Judge or a State Judge who is Chairman of a Royal Commission or who is the sole Commissioner to punish contempts committed in the face of the Commission. The amendment to this sub-section extends these powers to Judges of federal courts and Judges of Territory Supreme Courts.

246. Section 10 of the Act confers jurisdiction on the High Court in summary prosecutions for offences against the Royal Commissions Act. The amendments to sections 10 and 11 of the Act have the effect of vesting this jurisdiction instead in the Federal Court of Australia.

Seamen's Compensation Act 1911

247. The jurisdiction of the High Court to make an order for the detention of a ship under sub-section 13(1) of the Seamen's Compensation Act 1911 is removed by the amendment and jurisdiction conferred on Territory Supreme Courts in addition to State Supreme Courts.

Service and Execution of Process Act 1901

248. Under the amendments to sub-section 19C(1) of the Service and Execution of Process Act 1901, the jurisdiction previously vested in a Justice of the High Court to grant leave for the execution of a writ of attachment issued by a court in any State or internal Territory in any other State or part of the Commonwealth is to be exercised by a Judge of the Federal Court of Australia. The existing jurisdiction conferred on a Judge of a State or internal Territory Supreme Court to give leave to execute such a writ in that State or Territory remains unaffected. Other consequential amendments to section 19C are also made.

Trade Marks Act 1955

249. The amendments to sections 48 and 54 of the Trade Marks Act are consequential upon the provision made by the Administrative Appeals Tribunal Act 1975 and the Trade Marks Amendment Act 1976 for appeals to the Administrative Appeals Tribunal against certain decisions of the Registrar. Sections 48 and 54 provide for certain extensions of time where an appeal has been lodged to a court against decisions of the Registrar. The amendments now being made extend the operations of sub-sections 48(2) and (3) and sub-section 54(3) to cases where an appeal has been lodged to the Administrative Appeals Tribunal.

250. The amendments to section 111 are of a drafting nature only.

251. Section 112 of the Trade Marks Act 1955 is amended to enable regulations to be made prescribing the practice and procedure of prescribed courts in proceedings under the Act.

252. Section 114 of the Act is amended to provide that appeals from any State Court in proceedings for infringement of a trade mark lie to the Federal Court of Australia. The Trade Marks Amendment Act 1976 provided for appeals from State Supreme Courts in infringement proceedings to lie to the Federal Court of Australia.

253. Section 116A of the Trade Marks Act 1955, which provides for the Administrative Appeals Tribunal to be constituted by a presidential member sitting alone in hearing certain appeals under the Act, is to be repealed. The ordinary provisions for the constitution of the Tribunal under the Administrative Appeals Tribunal Act 1975 will apply, thus giving the President of the Tribunal some flexibility as to how the Tribunal is constituted in a particular case.

Treasury Bills Act 1914

254. Section 10 of this Act vests in the High Court jurisdiction to give a certificate that it is satisfied that a Treasury Bill is lost or destroyed before it has been paid off. This jurisdiction is transferred to the Federal Court of Australia.

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