Senate

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.