- JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No.19, 1979
- JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979No. 19 of 1979 - TABLE OF PROVISIONS
- TABLE OF PARTS AND SCHEDULE
- PART I-PRELIMINARY
- PART II-AMENDMENTS OF THE COPYRIGHT ACT 1968 AND CONSEQUENTIAL AMENDMENT OF THE ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975
- SECT. 3. Principal Act
- SECT. 4.
- SECT. 5. Restriction of importation of printed copies of works
- SECT. 6. Reference of questions of law to Federal Court of Australia
- SECT. 7. Regulations as to procedure
- SECT. 8.Use of copyright material for services of the Crown
- SECT. 9. Savings
- SECT. 10. Amendment of Administrative Appeals Tribunal Act
- PART III-AMENDMENTS OF THE DESIGNS ACT 1906
- SECT. 12.Interpretation
- SECT. 13.
- SECT. 14.Design to be used in manufacture in Australia
- SECT. 15.Rectification of register by Court
- SECT. 16.
- SECT. 17. Principal Act
- SECT. 18. Objections, reviews and appeals
- SECT. 19.References to Valuation Board and appeals and references to courts
- SECT. 20.References to Board of Review and appeals and references to courts
- SECT. 21.Appeals
- SECT. 22.
- SECT. 23.
- SECT. 24.Duty-how payable
- SECT. 25.Commissioner may apply for order to sell
- SECT. 26.Regulations
- SECT. 27. Saving
- SECT. 28.Principal Act
- PART V-AMENDMENTS OF THE EXPORT INCENTIVE GRANTS ACT1971
- PART VI-AMENDMENTS OF THE GIFT DUTY ASSESSMENT ACT 1941
- PART VII-AMENDMENT OF THE INCOME TAX ASSESSMENT ACT1936
- PART VIII-AMENDMENTS OF THE LANDS ACQUISITION ACT 1955
- SECT. 46.Supreme Court may adjust rights and determine basis of compensation
- SECT. 47.Compensation for damage to land
- SECT. 48.Proceedings where claim rejected
- SECT. 49.Proceedings for determination of compensation
- SECT. 50.Determination of compensation on application of the Commonwealth
- SECT. 51.Court to ensure that acquisition is made on just terms
- SECT. 52.Order that claimant is entitled to compensation
- SECT. 53.Extent of powers under section 37
- SECT. 54.Application of purchase money
- SECT. 55.Court may order stay of proceedings under mortgage
- SECT. 56.Vesting of lands in Commonwealth authorities
- SECT. 57.Jurisdiction of courts
- SECT. 58.Formal amendments
- SECT. 59. Principal Act
- PART IX-AMENDMENTS OF THE LOAN (DROUGHT BONDS) ACT 1969
- PART X-AMENDMENTS OF THE PATENTS ACT 1952
- SECT. 66. Trusts not recognized
- SECT. 67. Sections 47, 47A, 47B and 47C
- SECT. 68. Time for acceptance
- SECT. 69. Time for sealing
- SECT. 70.Duration of patent of addition
- SECT. 71.Jurisdiction of prescribed courts
- SECT. 72.Appeals
- SECT. 73. Constitution of Tribunal
- SECT. 74.Applications for licences
- SECT. 75. Principal Act
- SECT. 76.
- SECT. 77.References to Board of Review and appeals and references to courts
- SECT. 78.
- SECT. 79.
- SECT. 80.
- SECT. 81.
- SECT. 82.Prosecution in accordance with practice rules
- SECT. 83.Regulations
- SECT. 84. Principal Act
- PART XII-AMENDMENTS OF THE SALES TAXASSESSMENT ACT (No. 1) 1930
- SECT. 85.
- SECT. 86.References to Board of Review and appeals and references to courts
- SECT. 87.Adjustment of tax consequent upon objections
- SECT. 88.
- SECT. 89.
- SECT. 90.
- SECT. 91.Prosecution in accordance with practice rules
- SECT. 92.Practice in, and appeals from, courts of summary jurisdiction
- SECT. 93. Regulations
- SECT. 94. Principal Act
- PART XIII-AMENDMENTS OF THE STATES RECEIPTS DUTIES (ADMINISTRATION) ACT 1970
- PART XIV-AMENDMENTS OF THE STEVEDORING INDUSTRY CHARGE ASSESSMENT ACT1947
- PART XV-AMENDMENTS OF THE TAXATION ADMINISTRATION ACT1953
- PART XV-AMENDMENTS OF THE TAXATION ADMINISTRATION ACT1953
- PART XVI-AMENDMENTS OF THE WOOL TAX (ADMINISTRATION)ACT 1964
- PART XVII-AMENDMENTS OF OTHER ACTS
- PART XVIII-SAVINGS
- PART XIX-REMITTAL TO SUPREME COURT OF CERTAIN PROCEEDING SPENDING IN HIGH COURT
- SCHEDULE
- AMENDMENTS OF ACTS
- Air Navigation Act 1920
- Stock Act 1911
- Courts-Martial Appeals Act 1955
- Crimes Act 1914
- Customs Act 1901
- Defence Act 1903
- Australia Act 1976
- Foreign Takeovers Act 1975
- Historic Shipwrecks Act 1976
- Insurance (Deposits) Act 1932
- Judiciary Act 1903
- Overseas Telecommunications Act 1946
- Parliamentary Contributory Superannuation Act 1948
- Patents Amendment Act 1976
- Royal Commissions Act 1902
- Service and Execution of Process Act 1901
- Trade Marks Act 1955
- Treasury Bills Act 1914
- AMENDMENTS OF ACTS
- NOTE
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19, 1979
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - TABLE OF PROVISIONS
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979
No. 19 of 1979
TABLE OF PARTS AND SCHEDULE PART I-PRELIMINARY (Sections 1 and 2) PART II-AMENDMENTS OF THE COPYRIGHT ACT 1968 AND CONSEQUENTIAL AMENDMENT OF THE ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 (Sections 3-10) PART III-AMENDMENTS OF THE DESIGNS ACT 1906 (Sections 11-16) PART IV-AMENDMENTS OF THE ESTATE DUTY ASSESSMENT ACT 1914 (Sections 17-27) PART V-AMENDMENTS OF THE EXPORT INCENTIVE GRANTS ACT 1971 (Sections 28-32) PART VI-AMENDMENTS OF THE GIFT DUTY ASSESSMENT ACT 1941 (Sections 33-42) PART VII-AMENDMENT OF THE INCOME TAX ASSESSMENT ACT 1936 (Sections 43-44) PART VIII-AMENDMENTS OF THE LANDS ACQUISITION ACT 1955 (Sections 45-58)
PART IX-AMENDMENTS OF THE LOAN (DROUGHT BONDS) ACT 1969 (Sections 59-64) PART X-AMENDMENTS OF THE PATENTS ACT 1952 (Sections 65-74) PART XI-AMENDMENTS OF THE PAY-ROLL TAX (TERRITORIES) ASSESSMENT ACT 1971 (Sections 75-83) PART XII-AMENDMENTS OF THE SALES TAX ASSESSMENT ACT (No. 1) 1930 (Sections 84-93) PART XIII-AMENDMENTS OF THE STATES RECEIPTS DUTIES (ADMINISTRATION) ACT 1970 (Sections 94-102) PART XIV-AMENDMENTS OF THE STEVEDORING INDUSTRY CHARGE ASSESSMENT ACT 1947 (Sections 103-107) PART XV-AMENDMENTS OF THE TAXATION ADMINISTRATION ACT 1953 (Sections 108-113) PART XVI-AMENDMENTS OF THE WOOL TAX (ADMINISTRATION) ACT 1964 (Sections 114-122) PART XVII-AMENDMENTS OF OTHER ACTS (Section 123) PART XVIII-SAVINGS (Section 124) PART XIX-REMITTAL TO SUPREME COURT OF CERTAIN PROCEEDINGS PENDING IN HIGH COURT (Sections 125-128) SCHEDULE-AMENDMENTS OF ACTS
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 1. Short title.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979
No. 19 of 1979 An Act to amend the provisions of certain Acts relating to the jurisdiction of courts and of the Administrative Appeals Tribunal.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
PART I-PRELIMINARY Short title PART II-AMENDMENTS OF THE COPYRIGHT ACT 1968 AND CONSEQUENTIAL AMENDMENT OF THE ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 3. Principal Act
3. The Copyright Act 1968 is in this Part referred to as the Principal Act.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 4.
4. After Division 4 of Part V of the Principal Act the following Division is inserted:
''Division 4A-Exercise of Jurisdiction and Appeals Exercise of jurisdiction
''131A. The jurisdiction of the Supreme Court of a State or Territory in an action under this Part shall be exercised by a single Judge of the Court. Appeals
''131B. (1) Subject to sub-section (2), a decision of a court (however constituted) under this Part is final and conclusive.
''(2) An appeal lies from a decision of a court under this Part- JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 5. Restriction of importation of printed copies of works
5. Section 135 of the Principal Act is amended by adding at the end thereof the following sub-sections:
''(10) Where no appeal has been made to the Minister for Business and Consumer Affairs against a decision of the Comptroller-General made on or after 1 July 1976 not to grant permission under sub-section (6), an application may be made to the Administrative Appeals Tribunal for a review of the decision.
''(11) Where an application has been made to the Administrative Appeals Tribunal for a review of a decision referred to in sub-section (10), a person is not entitled to appeal to the Minister for Business and Consumer Affairs under sub-section (6) against that decision.''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 6. Reference of questions of law to Federal Court of Australia
6. Section 161 of the Principal Act is amended by omitting from sub-sections (1), (2), (3), (4), (5), (6) and (7) ''High Court'' (wherever occurring) and substituting ''Federal Court of Australia''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 7. Regulations as to procedure
7. Section 166 of the Principal Act is amended by omitting from paragraphs
(b) and (c) of sub-section (2) ''High Court'' and substituting ''Federal Court of Australia''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 8. Use of copyright material for services of the Crown
8. Section 183 of the Principal Act is amended- JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 9. Savings
9. Where, before the commencement of this Part, a question of law was referred to the High Court under section 161 of the Principal Act, the provisions of section 161 of the Principal Act as in force immediately before the commencement of this Part apply in relation to that reference and to matters arising out of that reference.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 – SECT. 10. Amendment of Administrative Appeals Tribunal Act
10. The Schedule to the Administrative Appeals Tribunal Act 1975 is amended by omitting Part XI.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 11. Principal Act
PART III-AMENDMENTS OF THE DESIGNS ACT 1906
11. The Designs Act 1906 is in this Part referred to as the Principal Act.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 12. Interpretation ''4A. The Supreme Court of a Territory does not have jurisdiction in a proceeding, being- JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 14. Design to be used in manufacture in Australia
14. Section 28 of the Principal Act is amended by omitting ''High Court'' and substituting ''Supreme Court''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 15. Rectification of register by Court
15. Section 39 of the Principal Act is amended by omitting sub-section (3).
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 16.
16. After Part VI of the Principal Act the following Part is inserted:
''PART VIA-EXERCISE OF JURISDICTION AND APPEALS Exercise of jurisdiction
''40A. Proceedings (other than criminal proceedings) under this Act in a Supreme Court shall be heard by a single Judge of the Court. Appeals
''40B. (1) Subject to sub-sections (2) and (3), a decision of a court (however constituted) under this Act is final and conclusive.
''(2) An appeal lies from a decision of a court under this Act- ''(3) This section does not apply in relation to criminal proceedings under this Act (other than proceedings for offences against section 32).''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 17. Principal Act
PART IV-AMENDMENTS OF THE ESTATE DUTY ASSESSMENT ACT 1914
17. The Estate Duty Assessment Act 1914 is in this Part referred to as the Principal Act.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 18. Objections, reviews and appeals
18. Section 24 of the Principal Act is amended- ''(4A) A request referred to in paragraph (a) of sub-section (4) shall be accompanied by a deposit of $2.''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 19. References to Valuation Board and appeals and references to courts
19. Section 25 of the Principal Act is amended- ''(7) The Commissioner or the objector may, within 30 days after the date of the decision, appeal to a Supreme Court from any decision of the Valuation Board under this section which involves a question of law.
''(8) The Valuation Board shall, upon the request of the Commissioner or the objector, refer any question of law arising before the Valuation Board to such Supreme Court as is agreed upon by the parties, or in the absence of agreement, to such Supreme Court as the Valuation Board considers appropriate.
''(9) An appeal or reference to a Supreme Court under this section shall be heard by a single Judge of the Court.
''(10) Except as provided in sub-section (11), an appeal does not lie from the decision of a Supreme Court constituted by a single Judge on an appeal or reference under this section.
''(11) The Commissioner or the objector may appeal against the decision of a Supreme Court on an appeal or reference under this section- JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 20. References to Board of Review and appeals and references to courts
20. Section 26 of the Principal Act is amended- ''(9) The Commissioner or the objector may, within 30 days after the date of the decision, appeal to a Supreme Court from any decision of a Board of Review under this section which involves a question of law.
''(10) The Board of Review shall, upon the request of the Commissioner or the objector, refer any question of law arising before the Board of Review to such Supreme Court as is agreed upon by the parties or, in the absence of agreement, to such Supreme Court as the Board of Review considers appropriate.
''(11) An appeal or reference to a Supreme Court under this section shall be heard by a single Judge of the Court.
''(12) Except as provided in sub-section (13), an appeal does not lie from the decision of a Supreme Court constituted by a single Judge on an appeal or reference under this section.
''(13) The Commissioner or the objector may appeal against the decision of a Supreme Court on an appeal or reference under this section- JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 21. Appeals
21. Section 27 of the Principal Act is amended- ''(6) An appeal does not lie from an order under this section except as provided in section 28.''.
JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 22.
22. Sections 28 and 28A of the Principal Act are repealed and the following
sections are substituted: Appeals from orders under section 27
''28. The Commissioner or the objector may appeal against an order of a Supreme Court under section 27 made in proceedings instituted on or after the date of commencement of this section- ''28A. (1) The Supreme Court in which an appeal is instituted in accordance with section 27, may, if it thinks fit, state a case in writing for the opinion of the Federal Court of Australia upon a question of law arising on the appeal.
''(2) A Full Court of the Federal Court of Australia shall hear and, by order, determine the question, and remit the case with its opinion to the Supreme Court and may make such order as to the costs of the case stated as it thinks fit. Appeals to High Court
''28AA. An appeal does not lie from a decision of the Federal Court of Australia in a matter under this Part unless the High Court gives special leave to appeal. Transfer of proceedings
''28AB. (1) A Supreme Court in which proceedings under this Part have been instituted may, if the Court thinks fit, upon the application of a party made at any stage in the proceedings, by order, transfer the proceedings to another Supreme Court.
''(2) Where proceedings are transferred from a Court in pursuance of this section- JURISDICTION OF COURTS (MISCELLANEOUS AMENDMENTS) ACT 1979 No. 19 of 1979 - SECT. 23.
23. After section 28C of the Principal Act the following section is inserted in Part V: Practice and procedure of Supreme Courts
''28D. (1) Until regulations have been made under this Act for or in relation to the practice and procedure of a Supreme Court in proceedings to which this section applies, and so far as regulations so made do not make adequate provision, the High Court Rules as in force under the Judiciary Act 1903 immediately before the date of commencement of this section apply, so far as practicable, to and in relation to proceedings to which this section applies in like manner as they applied immediately before that date to and in relation to the like proceeding in the High Court.