WORLD TRADE 
ORGANIZATION 
Council for Trade-Related Aspects 
of Intellectual Property Rights IPINIll AUSII/5 
4 October 1996 
(96-4025) 
Original: English 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Australia 
The present document reproduces the text of the following laws and regulations 1, as notified 
by Australia under Article 63.2 of the Agreement (see document IP/NllIAUS/IlRev.I): 
Advance Australia Logo Protection Act 1984 2 
Statute Law (Miscellaneous Provisions) Act (No. 1) 1986 11 
Jurisdiction of Courts (Miscellaneous Amendments) Act 1987 13 
1 English only IP/N/1/AUS/I/5 
Page 2 
Advance Australia Logo Protection Act 
1984 
No. 20 of 1984 
An Act to make provision for the protection of the Advance 
Australia logo, and for related purposes 
[Assented to 26 April 1984] 
BE IT ENACTED by the Queen, and the Senate and the House of 
Representatives of the Commonwealth of Australia, as follows: 
Short title 
1. This Act may be cited as the Advance Australia Logo Protection Act 
1984. 
Commencement 
2. (1) Sections 1, 2 and 3 and Schedule 1 shall come into operation on the 
day on which this Act receives the Royal Assent. 
(2) The remaining provisions ·of this· Act shall come into operation on a day 
to be fixed by Proclamation, being a day not earlier than the day on which the 
Company delivers to the Governor-General an instrument in writing under its 
common seal in the form set out in-Schedufe 1, but upon those provisions so 
coming into operation, those provisions- and section 3 shall be deemed to have 
had effeCt on and from 13 October 1983. lP/N/l! AUS/If5 
Page 3 
Advance A ustralia Logo Protection No. 20, 1984 
Interpretation 
3. (1) In this Act, unless the contrary intention appears-
HAustralia", when used in a geographical sense, includes the external 
Territories; 
"Company" means Advance Australia, being a company incorporated on 
29 June 1981 under the law in force in the Australian Capital 
Territory; 
"charge" means a charge created in any way and includes a mortgage and 
an agreement to give or execute a charge or mortgage, whether upon 
demand or otherwise; 
"logo" means the logo an outline of which is set out in Schedule 2; 
"monopoly", in relation to the design of the logo, means the exclusive right 
to apply the design to any article to which the design is capable of being 
applied; 
"owner", in relation to the design of the logo, means the person who, under 
this Act, or by virtue of a disposition not in contravention of this Act, is 
the owner of the design of the logo; 
"prescribed period" means the period of 16 years that commenced on 13 
October 1983. 
(2) Where, by virtue of regulations in force for the purposes of sub-section 
17 (2) of the Designs Act 1906, a design is not capable of being registered under 
that Act for an article specified in those regulations, a reference in this Act to an 
article does not include a reference to an article so specified. 
(3) A reference in this Act to the design of the logo is a reference to the 
design that, when applied to an article, results in a reproduction of the·logo. 
(4) Unless the con·trary intention appears, an expression used in thi~ Act 
and the Designs Act 1906 has the same meaning in this Act as in the Designs 
Act 1906. 
Act to bind Crown 
4. Subject to Part VII of the Copyright Act 1968, this Act binds the Crown 
in right of the Commonwealth, of each of the States, of the Northern Territory 
and of Norfolk Island. 
Extension of Act to external Territories 
5. This Act extends to the external Territories. 
Ownership, &c., of copyright in the logo 
6. For the purposes of the Copyright Act 1968-
(a) the logo shall be taken to be, and to have been from the time; when it 
was created, an original artistic work; 
(b) the Commonwealth shall be taken to have been the owner of the 
copyright in the logo from the time it was· created until and including 
28 June 1981; and IP/NllI ADS/I/5 
Page 4 
Advance Australia Logo Protection ,Vo. 20. 1984 
(c) subject to section 10, the Company shall be taken to be, and to have 
been, on and from 29 June 1981, the owner of the copyright in the logo. 
Ownership of design of the logo 
7. Subject to section 10, the Company shall be taken to be, and to have 
been, with effect from 13 October 1983, the owner of the design of the logo. 
I\10nopoly of design in the logo, &c. 
8. (1) The owner of the design of the logo has, and shall be taken at all 
material times to have had, a monopoly in that design. 
(2) The rights of an owner with respect to the design of the logo are 
personal property and, subject to this Act, the laws applicable to ownership of 
personal property apply in relation to the monopoly in the design of the logo as 
they apply in relation to other choses in action. 
Certain purported dispositions or charges relating to copyright in, or design 
of, the logo to be void 
9. (1) A disposition, by assignment, declaration of trust or by any other 
means, purporting to be made by the Company of the whole or any part of its 
interest in the copyright in the logo or of its interest in the design of the logo to a 
person other than the Commonwealth is void. 
(2) A charge purporting to be given by the Company with respect to an 
asset of the Company that consists of, or includes, the whole or any part of its 
interest in the copyright in the logo or the whole or any part of its interest in the 
design of the logo is void. 
Ownership of copyright in, and design of, the logo to vest in Commonwealth in 
certain circumstances 
10. (1) If-
(a) the Company passes a reso~ution for its winding up; 
(b) an order is made for the winding up of the Company; or 
(c) the Minister, by notice published in the Gazette, declares that he is 
satisfied that it is no longer in the public interest for the Company to 
own any interest in the copyright in the logo or any interest in the 
design of the logo by reason that-
(i) the Company has refused or failed to comply with a direction 
under section 17; 
(ii) the Company has done, or is doing, an act or thing that the 
Company was or is without the capacity or power to do; or 
(iii) there has been a· change in the objects, powers, constitution, 
management, membership, beneficial ownership or control of 
the Company, 
then, by force of this sub-section-
(d) the interest of the Company in-
(i) the copyright in the logo; and Advance Australia Logo Protection No. 20, 1984 
(ii) the design of the logo, 
is assigned to the Commonwealth; and IP/N/lIAUS/I/5 
Page 5 
(e) the interest, rights and benefits of the Company under any licence 
granted by the Company in respect of the copyright in, and the design 
of, the logo are assigned to the Commonwealth. 
(2) Where, whether by force of sub-section (1) or otherwise, the 
Commonwealth acquires an interest in the copyright in the logo or an interest 
in the design of the logo, a purported assignment by the Commonwealth of the 
whole or any part of that interest to a person (in this section referred to as the 
Hassignee ") is void unless-
(a) the assignee is an incorporated company; and 
(b) the assignee agrees that, as a -condition of the assignment, it is not 
entitled to compensation from the Commonwealth by reason of the 
operation of any provision of this Act. 
(3) Where the Commonwealth assigns the whole or any part of its interest 
in the copyright in, or the design of, the logo to a company, section 9, 
sub-section (1) of this section and sections 17 and 18 have effect as if a 
~eference in those provisions to the Company were a reference to the assignee. 
(4) A person is not entitled to compensation from the Commonwealth by 
reason of the operation of sub-section (1) or (3). 
Infringement of monopoly in the design of the logo 
11. (1) A person shall be deemed to infringe the monopoly in the design of 
the logo if, during the prescribed period, the person-
(a) without the licence of the owner of the design, applies the design or 
any fraudulent or obvious imitation of it to any article; 
(b) without the licence of the owner of the design, sells, or offers or keeps 
for sale, or hires, or offers or keeps for hire, any article to which the 
design or any fraudulent or obvious imitation of it has been applied in 
infringement of the monopoly in .the design; 
(c) imports into Australia for sale, or for use for the purposes of any trade 
or business, any article in respect of which the design or any fraudulent 
or obvious imitation of it has been applied outside Australia; or 
(d) sells, or offers or keeps for sale, or hires, or offers or keeps for hire, any 
article that has been imported into Australia and to which the design or 
any fraudulent or obvious imitation of it has been applied, whether in 
or outside Australia. 
(2) Subject to sub-section (3), if a person-infringes the monopoly in the 
design of the logo-
(a) the owner of the design; or 
{b) a holder of a licence in relation to the design whose interests have been, 
are or would be affected by the infringement, 
may bring an action or proceeding against the person in the Supreme Court of a 
State or a Territory for infringement of the monopoly in the design. IP/N/1/AUS/I/5 
Page 6 
Advance Australia Logo Protection No. 20, 1984 
(3) An action or proceeding for infringemenfofthe monopoly in the design 
of the logo shall not be instituted by the holder of a licence in relation to the 
design without the consent of the owner of the design. 
(4) Where-
(a) a person, being the holder of a licence in relation to the design of the 
logo, applies, by notice in writing served on the owner of the design, for 
the consent of the owner under sub-section (3) to the institution by the 
person of an action or proceeding for infringement of the monopoly in 
the design of the logo; and 
(b) the owner of the design does not grant or refuse that consent before the 
expiration of the period of 7 days after the day on which the notice was 
served, 
the owner of the design shall, upon the expiration of that period, be deemed to 
have granted that consent under sub-section (3). 
(5) Consent under sub-section (3) to the institution of an action or 
proceeding shall not be unreasonably refused. 
(6) Sub-section (3) does not affect the granting of an interlocutory 
injunction on the application of a holder of a licence in relation to the design of 
the logo. 
Remedies for infringement of monopoly in the design of the logo 
12. The relief that a court may grant in an action or proceeding for the 
infringement of the monopoly in the design of the logo includes an injunction 
(subject to such terms, if any, as the court thinks fit) and, at the option of the 
plaintiff, either dainages or an account of profits. 
Jurisdiction of courts 
13. (1) The Supreme Court of each State is invested with federal 
jurisdiction, and to the extent that the Constitution permits, jurisdiction" is 
conferred on the Supreme Court of each Territory, with respect to all matters 
arising under section 11 or 16. " 
(2) The jurisdiction of a Supreme Court of a State or Territory under this 
section shall be exercised by a single Judge. 
(3) The inferior courts of each State are invested with federal jurisdiction, 
and jurisdiction is conferred on the inferior courts of each Territory, within the 
limits, other than limits as to subject-matter, of their several jurisdictions, with 
respect to matters arising under section 16. 
(4) An appeal lies to the Federal Court; of Australia from a judgment or 
order of a court of a State or Territory exercisiflgjurlsdiction under this "Act. 
(5) An appeal lies to the High Court, with special leave of the High Court, 
from a j udgmen t or order referred to in sub-section (4). 
(6) Except as provided in sub-section (4) or (5), no appeal lies from a 
judgment or order referred to in sub-section (4). Advance Australia Logo Protection No. 20, 1984 IP/N/1/ ADS/1I5 
Page 7 
(7) A reference in sub-section (3) to an inferior court is a reference to­
(a) a County Court, District Court or Local Court; or 
(b) a court of summary jurisdiction exercising civil jurisdiction, 
being a court having jurisdiction in actions for the recovery of debts up to an 
amount not less than the amount of compensation claimed. . 
Validation of certain licences 
14. Where, before 13 October 1983, the Company purported to grant a 
licence for a particular period expiring after that date in respect of the design of 
the logo, the licence is as valid and effectual as it would have been if it had been 
granted on that date for the part of that period that commenced on that date. 
Immunity from sui t 
15. (1) No action or proceeding, whether civil or criminal, lies against the 
Commonwealth or the Company for or in relation to any matter or thing arising 
out of or incidental to the grant before 13 October 1983 of any purported 
licence in respect of the design of the logo. 
(2) No action or proceeding, whether civil or criminal, lies against the 
Commonwealth, the Company or a person acting in accordance with any 
purported licence in respect of the design of the logo for or in relation to the use 
of the logo before 13 October 1983. 
(3) Nothing in this section shall be taken to affect a right to compensation 
conferred upon a person by section 16. 
Compensation for acquisition of property 
16. (1) Where, but for this sub-section, the operation of a provision of this 
Act would result in the acquisition of property from a person by another person 
otherwise than on just terms, there is payable to the first-mentioned person by 
that other person such amount of compensation as is agreed upon between 
those persons, or, failing agreement, as is determined by a court of competent 
jurisdiction. . 
(2) Any compensation recovered in proceedings that are instituted under 
this section shall be taken into account in assessing damages or compensation or 
giving any other remedy in proceedings that are instituted otherwise than by 
virtue of this Act and that arise out of the same event or transaction. 
(3) Any damages or compensation recovered or other remedy given in 
proceedings that are instituted otherwise than by virtue of this Act shall be 
taken into account in assessing compensation payable in proceedings that are 
instituted under this section and that arise out of the same event or transactiSln. 
(4) In this section, ~lOacquisition of property" and "just terms" have the 
same respective meanings as in paragraph 51. (xxxi) of the Constitution. 
Directions by Minister 
17. (1) The Minister may, by instrument in wntlng served on the 
Company, give directions to the Company in connec·tion with the exerCise of its IP/N/lIAUS/I/5 
Page 8 
Advance Australia Logo Protection No. 20. 1984 
powers in relation to the copyright in, and the design of, the logo and the 
Company shall comply with any directions so given. 
(2) The Minister shall cause a copy of a direction given under sub-section 
(1) to be laid before each House of the Parliament within 15 sitting days of that 
House after the day on which the direction is given. 
(3) Without limiting the generality of sub-section (1), a direction under 
that sub-section may require the Company-
(a) to furnish to the Minister, by writing signed by a competent officer of 
the Company, within the time and in the manner specified in the 
direction, such information relating to-
(i) licences granted by the Company in respect of copyright in, or 
the design of, the logo; 
(ii) amounts received by the Company by way, of consideration for 
any such licences; or 
(iii) the application by the Company of any such amounts, 
as is specified in the direction; 
(b) to produce to the Minister or a person specified in the direction acting 
on his behalf, in accordance with the direction, such documents 
relating to a matter referred to in sub-paragraph (a) (i), (ii) or (iii) as 
are specified in the direction; 
(c) to keep a separate account of the receipt and application of amounts 
referred to in sub-paragraph (a) (ii); or 
(d) to permit a person specified in the direction to audit any such account. 
(4) A person is not entitled to compensation 'from the Commonwealth by 
reason of the operation of sub-section (1). 
Annual report by Company 
18. (1) The Company shall, as soon as practicable after each 30 June, 
prepare and furnish to the Minister a report re:ating to the exercise of its 
powers during the year that ended on that 30 June with respect to the copyright 
in, and the design of, the logo. 
(2) . The Minister shall cauSe a copy of a .report furnished to Qim under 
sub-section (1) to be laid before each House bf the Parliament within 15 sitting 
days of that House after the day on "'(hich he r.eceives the report. 
(3) A report under sub-section (1) in respect of a.year. shall set out details 
of:--· . 
(a) licences granted· by the· Company during· that year in respect· of 
copyright in, or the design of, the logo;. . 
(b) any amounts received by the Company during that year by way of 
consideration for any licences in.respect of copyright in, or the design 
of, the logo; . ~ . '. . 
(c) the application by the Company during that year of any such amounts; Advance Australia Logo Protection No. 20. 1984 
(d) such other matters (if any) as are prescribed. IP/N/1/AUS/I/5 
Page 9 
(4) A report under sub-section (1) in respect of a year ending on a 30 June 
before the expiration of the prescribed period shall include a statement-
(a) setting out the views of the Company-
(i) with respect to the question whether or not this Act should be 
amended so as to shorten the duration of the prescribed period; 
and 
(ii) if-
(A) the views of the Company with respect to the question 
referred to in sub-paragraph (i) are that the Act should 
not be amended as mentioned in that sub-paragraph; 
and 
CB) that 30 June is within the period commencing 5. years 
before the expiration of the prescribed period, 
with respect to the question whether ot not this Act should be 
amended so as to' lengthen the duration of the prescribed 
period; and 
(b) giving reasons for those views. 
(5) The first report under sub~section ( 1 ) shall relate to the period 
commencing on 13 October 1983 and ending on 30 June 1984. 
Application of Copyright Act and Designs Act 
19. (1) Division 8 of Part ITI of the Copyright Act 1968 does not apply in 
relation to the copyright in the logo. 
(2) During the prescribed period, it is not an infringement of the copyright 
in the logo to do any act or thing that, at the time when it is done, is an act or 
thing that, by virtue of this Act, the owner of the design of the logo has the 
;xclusive right to do.' . 
(3) After the expiration of the prescribed period,.it is not an infringement 
of the copyright in the logo to do any act or thing that, had it been done 
immediately before the expiration of the prescribed period, would have been ari 
act or thing that, by virtue of this Act, the owner of the design of the logo would 
have had the exclusive right to do if a reference"in this Act to the design of the 
logo had, immediately before the expiration of the prescribed period, included a 
reference to another design that when applied to an article differs from the 
design of the logo only in immaterial details or in features ~ommonly·used in a 
relevant trade. 
(4) Any registration of the design of the logo that was purported to be 
made under the Designs Act 1906, whether before or after this sub-section 
commenced to have effect, is void and shall be deemed never to have" been 
made. IP/N/l! ADS/liS 
Page 10 
Advance Australia1~go Protection No. 20,1984 
Severability of certain provisions 
20. If, but for this section, the enactment of sub-section 10 (4) or of 
sub-section 17 (4) would result in the invalidity, in whole or in part, of any 
other provision of this Act, this Act has effect as if that sub-section had not been 
enacted. 
Regulations 
21. The Governor-General may make regulations, not inconsistent with 
this Act, prescribing matters-
(a) required or permitted by this Act to be prescribed; or 
(b) necessary or convenient to be prescribed for carrying out or giving 
effect to this Act. 
SCHEDULE 1 Sub-section 2 (2) 
ADVANCE AUSTRALIA LOGO PROTECTION ACT 1984 
Sub-section 2 (2) 
The Company agrees that. as a condition of the conferral on it of benefits by or under the Advance 
Australia Logo Protection Act 1984, it will not be entitled to any compensation from the 
Commonwealth by reason of the operation of any provision of that Act. 
SCHEDULE 2 Sub-section 3 (I) 
OUTLINE OF THE ADVANCE AUSTRALIA LOGO 1ft . ~ . 
" -= ' 
I IP/~/I/}\{JS/I/5 
Page 11 
Statute Law (Miscellaneous Provisions) Act 
(No. 1) 1986 
No. 76 of 1986 
An Act to make various amendments of the statute law of 
the Commonwealth, an~ for related purposes 
[Assented to 24 June 1986] 
BE IT ENACTED by the Queen, and the Senate and the House of 
Representatives of the Commonwealth of Australia, as follows: 
Short title 
. 1. This Act may be cited as the Statute Law (Miscellaneous Provisions) 
Act (No. 1) 1986. 
Commencement 
2. (1) Subject to this section, this Act shall come into operation on the 
day on which it receives the Royal Assent. 
(2) The amendment of the Air Navigation (Charges) Act 1952 made 
by this Act sh~ll come into operation, or shall be deemed to have come 
13549/86 Cat. No. 864801 6 IP/N/lIAUSII/5 
Page 12 
Statule Law (Miscellaneous Provisions) (No. 1) No. 76, 1986 
SCHEDULE 1 Section 3 
AMENDMENTS OF ACTS 
Administrative Decisions (Judicial Review) Act "1977 
Schedule 1-
Omit paragraph (k). 
Adt'ance Australia Logo Protection Act 1984 
Paragraph 18 (3) (b)-" 
Omit "any amounts", substitute "the total of the amounts". 
Air Navigation (Charges) Act 1952 
Sub-section 5 (1)-
Omit "services maintained, operated or provided by the Commonwealth.", substitute­
"services-
(a) that are maintained, operated or provided by the Commonwealth; or 
(b) in respect of the maintenance or operation of which financial assistance 
is provided by the Commonwealth.". 
Antarctic Treaty (Environment Protection) Act 1980 
Paragraph 19 (1) (e)-
Omit the paragraph, substitute the following paragraphs: 
.. (e) drive a vehicle in a specially protected area; 
.. (ea) land or drive an aircraft in a specially. protected area;". 
Archives Act 1983 
Sub-section 26 (1)-
Omit "without the approval of the Archives" 
Sub-section 56 (2)-
Omit the sub-section, substitute the following sub-section: 
"(2) The Minister or a person authorised by the Minister may, in accordance". with 
arrangements approved by the Prime Minister, cause Commonwealth records to be made. 
available to a person in such circumstances as are specified in the regulations 
notwithstanding that the Commonwealth records concerned are not otherwise available 
for public access under this Act.". 
Audit Act 1901 
After section 631\1-
Insert the .following Division: IP/N/lI AUS/I/5 
Page 13 
Jurisdiction of Courts (Miscellaneous 
Amendments) Act 1987 
No. 23 of 1987 
An Act to amend provisions of certain Acts relating to 
jurisdiction of courts, and for related purposes 
(Assented to 26 May.1987] 
BE IT ENACTED by the Queen, and the Senate and the House of 
Representatives of the Commonwealth of Australia, as follows: 
Short title 
1. This Act may be cited as the Jurisdiction of Courts (Miscellaneous 
Amendments) Act 1987. 
Commencement 
2. (1) Section 1, this section and sections 3, 4 "and 5 shall come into 
operation on the day on which this Act receives the Royal Assent. 
(2) The amendments made by this Act to an Act specified· in the 
Schedule shaH come into operation on such day as is fixed by Proclamation 
in relation to those amendments. IP/~/1/}\tJS/I/5 
Page 14 
Jurisdiction of Courts (Miscellaneous Amendments) 
No. 23, 1987 
Amendments of Acts 
3. The Acts specified In the Schedule are amended as set out In the 
Schedule. 
Transitional provisions relating to taxation laws 
4. (1) In this section-
ucommencement day" means the day on which the amendments made 
by this Act to the Income Tax Assessment Act 1936 come into 
operation; 
Hobjectien" means an objection under a relevant tax law, being an 
ebjection-
(a) as defined by section 3 of the Taxation (Interest on 
Overpayments) Act 1983; or 
(b) under sub-section 40 (2) or (4) of the Sales Tax Assessment 
Act (No. 1) 1930 or' either of those sub-sections as applied 
for the purposes of any other Act providing for the assessment 
of sales tax; 
"relevant tax law" means-
(a) the Bank Account Debits Tax Administration Act 1982; 
(b) the Estate Duty Assessment Act 1914; 
(c) the Fringe Benefits Tax Assessment Act 1986; 
(d) the Gift Duty Assessment Act 1941; 
(e) the Income Tax Assessment Act 1936; 
(t) an Act providing for the assessment of sales tax; 
(g) the Taxation (Unpaid Company Tax) Assessment Act 1982; 
or 
(h) the Trust Recoupment . Tax Assessment Act 1985; 
'~upreme Court" means the Supreme ~ourt of a State or of the 
Nert.hem T~rritory o~ the Aus.tralian Capital Territory. 
(2) Where, under-a provision of a relevant tax law as in force before 
the commencement day-
(a) the Commissioner of Taxation had received a request to refer a 
decision on an objection to a Supreme Court; or 
(b) the Commissioner of Taxation had received a request to treat an 
objection as an appeal to a Supreme Court and the request was, 
under section 226 of the~ Taxation: Boards of Reviel't!., (Transfer of 
Jurisdiction) Act 1986, treated. as· a. request to refer the-decision on 
the objection to a Supreme Court, 
and the request had not been forwarded. to a Supreme Court before the 
commencement day, the request shall, on and after the commencement day, 
be-treated as a request to refer the decision on the objection to· the Federal 
Court of Australia. IPINIl! AUS/I/S 
Page 15 
Jurisdiction of Courts (Miscellaneous Amendments) 
No. 23. 1987 
(3) Where, under a provision of a relevant tax law as in force before_ 
the commencement day, a decision on an objection, or ~_n objection, .had 
been forwarded to a Supreme Court but the hearing, other than an 
interlocutory hearing, of proceedings in respect of the decision or objection 
had not begun before the commencement day-
(a) the proceedings are, by force of this Act, transferred to the Federal 
Court of Australia on the commencement day; 
(b) the proceedings shall continue in the Federal Court of Australia as 
if the decision or objection had been forwarded to the Federal 
Court of Australia under a provision of a relevant tax law as 
amended by this Act; 
( c) the Federal Court of Australia has jurisdiction to hear and detennine 
the proceedings; 
(d) all documents filed of record in the Supreme Court in the 
proceedings, or lodged with that Court in connection with the 
proceedings, shall be transmitted to the Registrar of the Federal 
Court of Australia; 
( e) any moneys lodged with the Supreme Court in relation to the 
proceedings shall be transferred to the Federal Court of Australia 
and dealt with as if they had been lodged with that Court; and 
(f) all things done in or in relation to the proceedings in the Supreme 
Court shall be deemed to have been done in or in relation to the 
proceedings in the Federal Court of Australia. 
(4) The Federal Court of Australia has the same powers (including 
powers in respect of contempt of court and enforcing of orders) in respect 
of an order of a Supreme Court made' in or in relation to proceedings 
referred to in sub-section (3) as if it were an order of the Federal Court of 
Australia. 
(5) Subject to sub-section (3), the provisions of the relevant tax laws 
that are amended or repealed by this Act continue to apply to-
(a) a decision on an objection, or an objection, that was forwarded to 
a Supreme Court before the commencement day; and 
(b) an order made by the Supreme Court in relation to the decision or 
objection, 
as if those amendments and repeals had not been. made. 
(6) Sub-section (5) has effect notwithstanding the operation ot sub­
section 7.(3) of the Jurisdiction of Courts (Cross-vesting) Act 1987 on its 
commencemen t. 
-Transitional provisions relating to intellectual p~operty laws 
5. (1) The amendments made by this Act to the Advance Australia 
Logo Protection Act 1984, the Copyright Act 1968, the Designs Act 1906, 
the Patents Act 1952 and the Trade Marks Act 1955 apply only in relation IPINIl! AUS/I/5 
Page 16 
Jurisdiction of Courts (Miscellaneous Amendments) 
No. 23. 1987 
to actions or proceedings commenced after the commencement of those 
amendments. 
(2) The provisions of the Acts referred to in sub~section (1) as in force 
immediately before the commencement of the amendments made by this 
Act to those Acts continue to apply in relation to actions or proceedings 
commenced under those Acts before that commencement. IP/N/V AUS/IIS 
Page 17 
Jurisdiction of Courts (Miscellaneous Amendments) 
No. 23. 1987 . 
SCHEDULE 
AMENDMENTS OF ACTS 
AdYsDce Australia Logo Protection Act 1984 
Sub-section 11 (2)-
Insert "Federal Court of Australia or the'9 before '·Supreme Courtn. 
After sub-section 13 (1)-
Insert the following sub-section: Section 3 
.. ( lA) The Federal Court of Australia has jurisdiction with respect to all matters 
arising under section 11 or 16.". 
Bank Account Debits Tax Administration Act 1982 
Section 20-
Before the definition of "objector", insert the following definition: 
.. 'Federal Court' means the Federal Court of Australia;". 
~ction 20 (definition of "Supreme Court")-
Omit the definition. 
Paragraph 23 (b)-
Omit "a specified Supreme Court", substitute "'the Federal Court". 
Paragl1lph 25A (1) (b)-
Omit the paragraph, substitute the following paragraph: 
"(b) if the application relates to a request to refer a decision to the Federal Court­
send the application to that Court .... 
Sub-section 25A (3)-
(a) Omit "a Supreme Court", substitut~ &·the Federal Court". 
Cb) Omit all the words after ··Commissioner". 
Sub-section 25A (4)-
Omit "Supreme Court", substitute '4Federal Court". 
Sub-sKtion 2SB (3)-
(a) Omit "a Supreme Court", substitute "'the Federal Court'". 
(b) Omit all the words after ··the decision", 
Sub-section 26 (1)-
Omit ··A Supreme Court hearing an appeal under this Part'", substitute "Where the 
Federal Court hears an appeal under this Part., the Court". 
Sub-sections 26 (3), (4) and (5)-
Omit the sub-sections. 
Sections 28 and 29-
Repeal the sections. 
-" Sub-section 29A (2)-
Omit the sub-section 9 substitute the following sub-section: IP/N/lIAUS/I/5 
Page 18 
Jurisdiction of Courts (Miscellaneous Amendments) 
No. 23, 1987 
SCHEDULE-continued 
"(2) For the purposes of determining when a decision of the Tribunal or of the 
Federal Court becomes final-
(a) if that decision is a decision of the Tribunal, or of the Federal Court constituted 
by a single Judge, and no appeal is lodged within the period for lodging an 
appeal-that decision becomes final at the end of that period; or 
(b) if that decision is a decision of the Full Court of the Federal Court and an 
application is not made for special leave to appeal to the High Court within the 
period of 30 days after the making of the decision-that decision becomes final 
at the end of that period.". 
Section 62-
Omit the word and paragraphs after "may make~' (second occurring). substitute the 
following: 
"regulations prescribing penalties not exceeding a fine of 5500 for offences against the 
regulations." . 
Copyright Act 1968 
Heading to DiYision 4A of Part v-
Omit the heading, substitute the following heading: 
"Division 4A-Jurisdiction and Appeals". 
Sub-sectiODS 131B (1) and (2)-
Insert "of a State or Territory" after Ha court". 
Mter SectiOD 131B-
Insert the following section: 
JurisdictioD of Federal Court of Australia 
·'131C. Jurisdiction is conferred on the Federal Court of Australia with respect to 
actions under this Part.". 
DesigllS Act 1906 
Sub-sei:tion 4 (1)-
After the definition of "design", insert the following definition: 
66 'Federal Court' means the Federal Court of Australia;'·. 
Sub-sectioD 4 (1) (definition of "prescribed court")­
Insert &4the Federal Court," after "means". 
SUb-sectiOD 21B (2)-
Omit u.a prescribed court", substitute "the-Federal Court". 
Sub-section 24 (3)-
Omit "a prescribed court", substitute "the Federal Court'·. 
Sub-seetiOD 27A (11)-
Omit 66a prescribed court", substitute "the Federal Court". 
Sub-sectioD 40G (1)-
Omit the sub-section, substitute the following sub-sections: IP/NIlIAUS/I/5 
Page 19 
Jurisdiction of Courts (Miscellaneous Amendments) 
No. 23, 1987 
SCHEDULE-continued 
•• ( 1) The Federal Court has jurisdiction with respect to matters arising under this 
Act. 
U ( 1 A) The jurisdiction of the Federal Court to hear and determine appeals from 
decisions of the Registrar is exciusive of the jurisdiction of any other court, other than 
the jurisdiction of the High Court under section 75 of the Constitution. 
U( 1 B) Subject to sub-section (2), each prescribed court (other than the Federal 
Court) has jurisdiction with respect to matters arising under this Act in respect of which 
actions or proceedings may, under a provision of this Act, be instituted in a prescribed 
court. 
U( le) A prosecution for an offence against this Act shall not be instituted in the 
Federal Court.". 
SU~CtiOD 40G (2)-
Omit "sub-section (1)", substitute "sub-section (1 B) ft. 
Sub-sections 401 (1) and (2)-
Omit the sub-sections. substitute the following sub-sections: 
"(1) An appeal lies to the Federal Court from a judgment or order of: 
(a) another prescribed court exercising jurisdiction under this Act; or 
(b) any other court in an action or proceeding referred to in section 31. 
'·(2) Except with the leave of the Federal Court, an appeal does not lie to the Full 
Court of the Federal Court from a judgment or order of a single judge of the Federal 
Court in the exercise of its jurisdiction to hear and detennine appeals from decisions of 
the Registrar.". 
Section 40J-
Omit "prescribed court", substitute "Federal Court". 
Sub-section 46B (1}-
Omit "a prescribed court", substitute "the Federal Court". 
Sub-section 46B (2)-
Omit ··prescribed court", substitute "Federal Court". 
Esute Duty AssessmelJt Act 1914 
Sub-section 3 (1)-
After the definition of "estate", insert the following definition: 
•• 'Federal Court' means the Federal Court of Australia;". 
Paragraph 2S (1) (b}-
Omit ua specified Supreme Court", substitute "the Federal Court". 
Paragraph 27 A (1) (b)-
-Omit the paragraph, substitute the following paragraph: 
"(b) if the application relates to a request to refer a decision to the Federal Court­
send the application to that Court. ". 
Sub-section 27 A (3)-
(a) Omit Ua Supreme Court", substitute "the Federal Court". 
(b) Omit all the words after "Commissioner". IP/N/l! ADS/liS 
Page 20 
Jurisdiction of Courts (Miscellaneous Amendments) 
No. 23, 1987 . 
SCHEDULE-continued 
Sub-section 27 A (4)-
Omit "Supreme Court", substitute uFederal Court". 
Sub-section 27B (3)-
(a) Omit"a Supreme Court", substitute Hthe Federal Court". 
(b) Omit all the words after "the decision". 
Section 17E-
Repeal the section, substitute the following section: 
Powers of Federal Court on appeal 
·"27E. Where the Federal Court hears an appeal under this Part, the Court may 
make such order in relation to the decision to which the appeal relates as it thinks fit, 
including an order confirming or varying the decision.". 
Sections 28, 28A, 28AA and 28AB­
Repeal the sections. 
Sub-section 28AC (2)-
Omit the sub-section, substitute the following sub-section: 
"(2) For the purposes of determining when a decision of the Tribunal or of the 
Federal Court becomes final-
(a) if that decision is a decision of the Tribunal, or of the Federal Court constituted 
by a single Judge, and no appeal is lodged within the period for lodging an 
appeal-that decision becomes final at the end of that period; or 
(b) if that decision is a decision of the Full Court of the Federal Court and an 
application is not made for special leave to appeal to the High Court within the 
period of 30 days after the making of the decision-that decision becomes final 
at the end of that period. H. 
Section 18D-
Repeal the section. 
Section 50-
Omit the word and paragraphs after "'may make" (second occurring), substitute the 
following: 
<4regulations prescribing penalties not exceeding a fine-of S500 for offences against the 
regulations. ". 
Fringe ·Benefits Tax Assessment Act 1986 
Sections 79 and 79 A-
Repeal the sections, substitute the following section: 
Interpretation 
"79. In this Part, 'Federal Court' means the Federal Court of Australia. ". 
Paragnpb 81 (b)-
Omit "a specified Supreme Court'\ substitute <4the Federal Courtn
• IPINIl! AUS/I/S 
Page 21 
Jurisdiction of Courts (Miscellaneous A~endments) 
No. 23, 1987 
SCHEDULE-rontinued 
Paragraph 84 (I) (b)-
Omit the paragraph, substitute the following paragraph: 
"(b) if the application relates to a request to refer a decision to the Federal Court­
send the application to that Court. n. 
Sub-section 84 (3)-
(a) Omit Ha Supreme Court", substitute "the Federal Court". 
(b) Omit all the words after ·~Commissioner". 
Sub-section 84 (4)-
Omit "Supreme Court", substitute "Federal Court". 
Sub-section 85 (3)-
(a) Omit Ha Supreme Court", substitute "the Federal Court". 
(b) Omit all the words after "the decision". 
Sectio n 86 B-
Repeal the section. 
Sub-section 86C (1)-
Omit "A Supreme Court hearing an appeal under this Part", substitute ··Where the 
Federal Court hears an appeal under this Part, the Court". 
Sub-section 86C (2)-
Omit the sub-section. 
Section 860.-
Repeal the section. 
Sub-section 86£ (2)-
Omit the sub-section, substitute the following sub-section: 
"(2) For the purposes of determining- when a decision of the Tribunal or of the 
Federal Court becomes final-
(a) if that decision is a decision of the Tribunal, or of the Federal Court constituted 
by a single Judge, and no appeal is lodged within the period for lodging an 
appeal-that decision becomes final at the end of that period; or 
(b) if that decision is a decision of the Full Court of the Federal Court and an 
application is not made for special1eave to appeal to the High Court within 
the period of 30 days after the. making. of the. decision-that decision becomes 
final at the end of that period.'·. 
Section 87-
Repeal the section. 
Gift Duty AssessmeDt Act 1941 
Sub-section 4 (1)-
After the definition of udonor'·, insert the following definition: 
" 6Federal Court' means the Federal Court· of Australia;". 
Sub-section 4 (I) (definition or "Supreme Court")­
Omit the definition. IP/N/1/AUS/I/S 
Page 22 
Jurisdiction of Courts (Miscellaneous Amendments) 
No. 23, 1987 
SCHEDULE-continued 
Paragraph 32 (b)-
Omit "a specified Supreme Court", substitute "the Federal Court". 
Paragraph 34A (1) (b)-
Omit the paragraph, substitute the following paragraph: 
.. (b) if the application relates to a request to refer a decision to the Federal Court­
send the application to that Court.". 
Sub-section 34A (3)-
(a) Omit"a Supreme Court", substitute "the Federal Court". 
(b) Omit all the words after "Commissioner" . 
. Sub-section 34A (4)-
Omit "Supreme Cour(, substitute "Federal Court". 
Sub-section 348 (3)-
(a) Omit Ha Supreme Court", substitute "the Federal Court". 
(b) Omit all the words after "the decision". 
Sub-section 34E (1)-
Omit "A Supreme Court hearing an appeal under this Part", substitute "Where the 
Federal Court hears an appeal under this Pan, the Court". 
Sub-section 34E (2)­
Omit the sub-section. 
Sections 35, 36~ 36A and 36B­
Repeal the sections. 
Sub-section 36C (2)-
Omit the sub-section, substitute (he following sub-section: 
"(2) For the purposes of detennining when a decision of the Triburial or of the 
Federal Court becomes final-
(a) if that decision is a decision of the. Tribunal, or of the Federal Court constituted 
by a single Judge, and no appeal is lodged within the period for lodging an 
appeal-that decision becomes final at the end of that period; or 
(b) if that decision is a decision of the Full Court of the Federal Court and an 
application is not made for special leave to appeal to the High Court within the 
period of 30 days after the making of the decision-that decision becomes final 
at the end of that period.". 
Section 38A-
Repeal the section. 
Section 47-
Omit all the words and paragraphs after "Act" (last occurring), . substitute. the 
following: 
... and. in particular, for prescribing penalties not exceeding a fine of $500 for offences 
against the regulations.... . Jurisdiction of Courts (Miscellaneous Amendment$) 
No. 23, 1987 
Sub-section 177 (1)-SCHEDULE-continued 
Income Tax Assessment Act 1936 IP/N/V AUS/I/S 
Page 23 
Omit ,. (except in proceedings on appeal against the assessment)'~, substitute 
u, except in proceedings under Part V on a review or appeal relating to the assessment,". 
Sections 184A and 184C-
Repeal the sections, substitute the following section: 
Interpretation 
"184. In this Division. 'Federal Court' means the Federal Court of Australia .... 
Paragraph 187 (b)-
Omit "a specified Supreme Court"~ substitute Ut he Federal Court". 
Paragraph 188B (1) (b)-
Omit the paragraph, substitute the following paragraph: 
U(b) if the application relates to a request to refer a decision to the Federal Court­
send the application to that Court. n. 
Sub-section 188B (3)-
(a) Omit Ua Supreme Court", substitute "the Federal Court". 
(b) Omit all the words after "Commissioner", 
Sub-section 188B (4)-
Omit "Supreme Court", substitute "Federal Court". 
Sub-section 189 (3)-
(a) Omit Ha Supreme Court", substitute "the Federal Court". 
(b) Omit all the words after "the decision", 
Sections 196A aod 198-
Repeal the sections. 
Sub-section 199 (1)-
Omit HA Supreme Court hearing an appeal under this Part", substitute uWhere the 
Federal Court hears an appeal under this Part, the Court". 
Sub-section 199 (2)-
Omit the sub-section. 
Sections 200 and 200A­
Repeal the sections. 
Sub-sKtion 200B (2)-
Omit the sub-section. substitute the following sub-section: 
"(2) For the purposes of determining when a decision of the Tribunal or of the 
Federal Court becomes final-
(a) if that decision is a decision of the Tribunal, or of the Federal Court constituted 
by a single Judge, and no appeal is lodged within the period for lodging an 
appeal-that decision becomes final at the end of that period; or IP/N/l! AUS/I/5 
Page 24 
Jurisdiction of Courts (Miscellaneous Amendments) 
No. 23, 1987 
SCHEDULE-continued 
(b) if that decision is a decision of the Full Court of the Federal Court and an 
application is not made for special leave to appeal to the High Court within the 
period of 30 days after the making of the decision-that decision becomes final 
at the end of that period.". 
Sub-section 266 (2)­
Omit the sub-section. 
Sei:tiOD 6-Patents Act 1952 
After the definition of "exclusive licensee", insert the following definition: 
'''Federal Court' means the Federal Court of Australia;". 
Section 6 (definition of .."rescribe1i court'~}­
Insert "the Federal Court," after "means". 
Su~ctiOD 49 (8)-
Omit "a prescribed court", substitute "the Federal Court". 
Sub-sectioD 49A (JO)-
Omit "a prescribed court", substitute "the Federal Court". 
SUb-sectiOD 50 (6)-
Omit "a prescribed court", substitute "the Federal Court". 
SUb-sectiOD 52 (8)-
Omit "a prescribed court", substitute "the Federal Court". 
SUb-sectiOD 5ln (9)-
Omit "a prescribed court", substitute "the Federal Court". 
Sub-sectiOD 60 (5)-
(a) Omit "the prescribed court", substitute "the Federal Court'·. 
(b) Omit "a prescribed court", substitute "the Federal Courtn
• 
Sub-section 63 (4)-
Omit ··a prescribed court", substitute "the Federal Court". 
Paragraph 66 (3) (c)-
Omit the paragraph, substitute the following paragraph: 
"(c) proceedings in a court; or", 
Paragntph 66 (3) (£)-
Omit the paragraph, substitute the following paragraph: 
U(f) in a case to which paragraph (c) applies-the court or, if the proceedings are 
discontinued, the Commissioner directs; or". 
Sub-sections 68B (11) and (12)-
Omit "a prescribed court'" substitute "the Federal Court", 
Sub-section 73 (4)-
Omit "a prescribed court'\ substitute "the Federal Court n. IP /N /1/ A US/1I5 
Page 25 
Jurisdiction of Courts (Miscellaneous Amendments) 
No. 23, 1987 
SCHEDULE-continued 
Sub-section 81 (2)-
Omit "a prescribed court", substitute "the Federal Court". 
Sub-S«tiOD 81 (3)-
Omit "prescribed court", substitute "Federal Court". 
~ction 84-
(a) Omit "prescribed court" (first occurring), substitute "Federal Court". 
(b) Omit"a prescribed court", substitute "the Federal Court". 
Sub-section 146 (1)-
Omit the sub-section, substitute the following sub-sections: 
U( I) The Federal Court has jurisdiction with respect to matters arising under this 
Act. 
.. ( 1 A) The jurisdiction of the Federal Court to hear and determine appeals from 
decisions or directions of the Comissioner is exclusive of the jurisdiction of any other 
court, other than the jurisdiction of the High Court under section 75 of the Constitution. 
"( 1 B) Subject to sub-section (2), each prescribed court (other than the Federal 
Court) has jurisdiction with respect to matters arising under this Act in respect of which 
actions or proceedings may, under a provision of this Act., be instituted in a prescribed 
court. 
··CIC) A prosecution for an offence against this Act shall not be instituted in the 
Federal Court. tt. 
SUb-sectiOD 146 (2)-
Omit '·sub-section (1)", substitute "sub-section (1 B ) It. 
SUb-sectiODS 148 (1) aod (2)-
Omit the sub-sections, substitute the following sub-sections: 
.. (1) An appeal lies to the Federal Court from a judgment or order of: 
(a) another prescribed court exercising jurisdiction under this Act; or 
(b) any other court in an action or proceeding referred to in section 113 or 121. 
··(2) Except with the leave of the Federal Court, an appeal does not lie to the Full 
Court of the Federal Court from a judgment or order of a single judge of the Federal 
Court in the exercise of its jurisdiction to hear and dctennine appeals from decisions or 
directions of the Commissioner .... 
S«tiOD 149-
(a) Omit hA prescribed court", substitute 'lhe Federal Courtn
• 
(b) Insert "from a decision or direction of the Commissioner'" after ··court" (second 
occurring) . 
~ctiOD 150--
Omit "prescribed court", substitute ··Federal Court". 
Sub-section lS4A (6)-
Omit ··a prescribed court", substitute ··the Federal Court". 
Sub-sectioD 155 (2)-
Omit "a prescribed court", substitute ··thc Federal Court", IP/N/lI AUS/I/5 
Page 26 
Jurisdiction of Courts (Miscellaneous Amendments) 
No. 23, 1987 
SCHEDULE-continued 
Sub-section 163 (2)-
Omit "a prescribed court", substitute ··the Federal Court". 
Section 170--
(a) Omit"a prescribed court''. substitute "the Federal Court". 
(b) Omit "the prescribed court" (wherever occurring), substitute '·the Federal 
Court". 
Sales Tax Assessment Act (No. 1) 1930 
Section 39A-
Before the definition of "objector", insert the following definition: 
.. 'Federal Court' means the Federal Court of Australia;". 
Section 39A (definition of "Supreme Court")­
Omit the definition. 
Section 39C-
Repeal the section. 
Paragraph 41 (b)-
Omit Ha specified Supreme Court", substitute ··the Federal Court"'. 
Pl.ragraph 42B (1) (b)-
Omit the paragraph, substitute the following paragraph: 
"Cb) if the application relates to a request to refer a decision to the Federal Coun­
send the application to that Court.". 
Sub-section 42B (3)-
Ca) Omit ··a Supreme Court", substitute '·the Federal Court". 
(b) Omit all the words after "Commissioner". 
Sub-section 42B (4)-
Omit "Supreme Court", substitute ··Federal Court't. 
Sub-section 42C (3)-
(a) Omit 04a Supreme Court", substitute "the Federal Court". 
(b) Omit all the words after ··the decision". 
Sub-sections 42G (1), (2), (4) and (S)­
Omit the sub-sections. 
Sub-section 42G (3)-
Omit "A Supreme Court hearing an appeal under this Part", subsutute 'Where the 
Federal Court hears an appeal under this Part, the Co~rt". 
Sub-section 42H (2)-
Omit the sub-section, substitute the following sub-section: 
"(2) For the purposes of determining when a decision of the Tribunal or of tbe 
Federal Court becomes final-Jurisdiction of Courts (Miscellaneous Amendments) 
No. 23, 1987 
SCHEDULE-continued IP/N/lIAUS/I/5 
Page 27 
(a) if that decision is a decision of the Tribunal, or of the Federal Court constituted 
by a single Judge, and no appeal is lodged within the period for lodging an 
appeal-that decision becomes final at the end of that period; or 
(b) if that decision is a decision of a Full Court of the Federal Court and an 
application is not made for special leave to appeal to the High Court within the 
period of 30 days after the making of the decision-that decision becomes final 
at the end of that period .... 
Paragraph 73 (aa)-
Add at the end "and". 
Paragraph 73 (ab)­
Omit the paragraph. 
TBxation (Unpaid Company Tax) Assessment Act 1982 
Sub·section 4 (7)­
Omit the sub-section. 
Sub-section 6 (1)-Trade Marks Act 1955 
After the definition of "Convention countryn, insert the following definition: 
.• 'Federal Court' means the Federal Court of Australia~". 
Sub-section 6 (l) (definition of "prescribed court")­
Insert "the Federal Court," after "means". 
Sub-section 19 (3)-
Omit "a prescribed court", substitute ··the Federal Court". 
Sub-section 20 (2)-
Omit '''a prescribed court", substitute '4the Federal Court". 
Sub-section 21 (5)-
Omit "a prescribed court", substitute '''the Federal Court". 
Sub-section 23 (7)-
Omit '''a prescribed court'" substitute "the Federal Court". 
Sub-section 26 (4)-
Omit Ha prescribed court", substitute "the Federal Court". 
Sub-section 30 (3)-
Omit "a prescribed court", substitute "the Federal Court". 
Sub-section 36 (3)-
. Omit "a prescribed court", substitu~e '''the Federal Court". 
Sub-section 42 (4)-
Omit ua prescribed court", substitute '·the Federal Court", IP/N/lIAUS/I/5 
Page 28 
Jurisdiction of Courts (Miscellaneous Amendments) 
No. 23, 1987 
SCHEDULE-continued 
Sub-section 43 (4)-
Omit Ha prescribed court", substitute "the Federal Court", 
Sub-section 46 ( 1)-
Omit "a prescribed court", substitute "the Federal Court". 
Sub-section 46 (2)-
Omit "prescribed court", substitute "Federal Court", 
Section 51-
Omit Ha prescribed court". substitute "the Federal Court". 
Paragraph 54 (3) (b)-
Omit the paragraph. substitute the following paragraph: 
"(b) proceedings in a court; or", 
Paragraph S4 (3) (e)-
Omit the paragraph. substitute the following paragraph: 
"(e) in a case to which paragraph (b) applies-the court or. if the proceedings are 
discontinued, the Registrar directs; or". 
Section 81-
Omit Ua prescribed court", substitute "the Federal Court". 
Sub-section 86 (3)-
Omit Ua prescribed court", substitute "the Federal Court". 
Sub-section 112 (1)-
Omit the sub·section, substitute the following sub-sections: 
.. ( 1) The Federal Court has jurisdiction with respect to matters arising under this 
Act . 
•• ( 1 A) The jurisdiction of the Federal Court to hear and determine appeals from 
decisions, directions or orders of the Registrar is exclusive of the jurisdiction of any 
other court, other than th~ jurisdiction of the High Court' under section 7S of the 
Constitution. . 
~·(lB) Subject to sub-section (2), eac~ prescribed court (other than the Federal 
Court) has jurisdiction with respect to matters arising under this Act in respect of which 
actions or proceedings may, under a provision of this Act, be instituted in a prescribed 
court . 
•• (1 C) A prosecution for an offence against this Act shall not be instituted in the 
Federal Court .... 
Sub-section 112 (2)-
Omit '~sub-section (1) tt, substitute "sub-section (l Brt. 
Sub ... sections 114 (1) and (2)-
Omit the sub·sections. substitute the following sub-sections: 
•• ( 1) An appeal lies to the Federal Court from: a judgment or order of: 
(a) another prescribed court exercisin~ iurisdiction under thi~ Act- n~' IPINIl! AUS/I/S 
Page 29 
Jurisdiction of Courts (Miscellaneous Amendments) 
No. 23. 1987 
SCHEDULE-continued 
(b) any other court in an action or proceeding referred to in section 67 or 124. 
"(2) Except with the l~ve of the Federal Court, an appeal does not lie to the Full 
Court of the Federal Court from a judgment or order of a single judge of the Federal 
Court in the exercise of its jurisdiction to hear and determine appeals from decisions~ 
directions or orders of the Registrar. tt, 
Section 115-
(a) Omit"A prescribed court", substitute uThe Federal Court". 
(b) Insert "from a decision, direction or order of the Registrar" after ucourt" 
(second occurring). 
Sei:tion 115A-
Omit "prescribed court", substitute "Federal Court". 
Sub-section 139 (S)-
Omit "'a prescribed court", substitute "the Federal Court". 
Section 142-
(a) Omit "a prescribed court", substitute "the Federal Court", 
(b) Omit "the prescribed court" (wherever occurring), substitute "'the Federal 
Court", . 
Trade Practices Act 1974 
Section 7SB-
Add at the end the following sub-section: 
U(2) In this Part, unless the contrary intention appears-
(a) a reference to the Court in relation to a matter is a reference to any court 
having jurisdiction in the matter; 
(b) a reference to the Federal Court is. a. reference to the Federal Court of 
Australia; and 
(c) a reference to a judgment is a reference to a judgment, decree or order, whether 
final or interlocutory.'~. 
Section 8'-
Repeal the section, substitute the following sections: 
Jurisdiction· of courts· 
'·86. (1) Jurisdiction is conferred on the Federal Court in' any matter arising under 
this Act in respect of which a civil proceeding has, whether before 01' after the 
commencement of this section, been instituted un~er this Part. 
'·(2) The several courts of the States are invested with federal jurisdiction within 
the limits of their several jurisdictions, whether those limits are as to locality, subject­
matter or otherwise, and, subject to the Constitution, jurisdiction is conferred on the 
several courts of the Territories, with respect: to any matter arising under Division 1 or 
1 A of Part V in respect of which a civil proceeding is instituted by a person other than 
. ...:the Minister or the Commission. .. 
U(3) Nothing in sub-section (2) shall be-taken to enable an inferior court of a State 
or Territory to grant a. remedy other than a remedy of a kind that the' court is able to 
grant under the law of that State or Territory. IP/NIV AUS/IIS 
Page 30 
Jurisdiction of Courts (Miscellaneous Amendments) 
No. 23, 1987 
SCHEDULE-continued-
'''(4) The jurisdiction conferred by sub-section (1) on the Federal Court is exclusive 
of the jurisdiction of any other court other than the jurisdiction of the several courts of 
the States and Territories under sub-section (2) and the jurisdiction of the High Court 
under section 75 of the Constitution. 
Transfer of matters 
"S6A. (1) Where-
(a) a civil proceeding instituted (whether before or after the commencement of this 
section) by a person other than the Minister or the Commission is pending in 
the Federal Court; and 
(b) a matter for determination in the proceeding arose under Division I or lA of 
Part V, 
the Federal Court may, subject to sub-section (2), upon the application of a party or 
of the Federal Court's own motio~ transfer to a_ court of a State or Territory the 
matter referred to in paragraph (b) and may also transfer to that court any other matter 
for determination in the proceeding. 
0.(2) The Federal Court shall not transfer a matter to another court under sub­
section (1) unless the other court has power to grant the remedies sought before the 
Federal Court in the matter and it appears to the Federal Court that-
ea) the matter arises out of or is related to a proceeding that is pending in the 
other court; or 
Cb) it is otherwise in the interests of justice that the matter be determined by the 
other court. 
'''(3) Where the Federal Court transfers a matter to another court under sub-section 
(1)-
(a) further proceedings in the matter shall be as directed by the other court; and 
(b) the judgment of the other court in the matter is enforceable throughout 
Australia and the external Territories as if it were a judgment of the Federal 
Court. 
'''(4) Where-
Ca) a proceeding is pending in a court (other than the Supreme Court) of a State 
or Territory; and . 
(b) a matter for detennination in the proceeding arose under Division 1 or lA of 
Part V, 
the court shall, if directed to do so by the Federal Court, transfer to the Federal Court 
the matter referred to in paragraph (b) and, such other matters for determination in the 
proceeding the determination of which would, apart from any law of a State or of the 
Northern Territory relating to cross-vesting of jurisdiction, be within the jurisdiction of 
the Federal Court as the Federal Court detennines. 
'·(5) Where-
(a) a proceeding is pending in a court (other than the Supreme Court) of a State 
or Territory; and 
(b) a matter for detennination in the proceeding arose under Division 1 or lA of 
Part V, 
the court may, subject to sub-section (6), upon the application of a party or of the 
court's own motion, transfer to a court (other than the Supreme Court) oaf a State or­
Territory other than the State or Territory referred to in paragraph (a) the matter 
referred to in paragraph (b). 
'·(6) A court shall not transfer a matter to another court under sub-section (5) 
unless the other court has power to grant the remedies sought before the first-mentioned 
court in the matter and it appears to the first-mentioned court that-lPINIl! AUS/I/S 
Page 31 
Jurisdiction of Courts (Miscellaneous Amendments) 
No. 23, 1987 
SCHEDULE-continued 
(a) the matter arises out of or is related to a proceeding that is pending in the 
other court; or 
(b) it is otherwise in the interests of justice that the matter be determined by the 
other court. 
'·(7) Where a court transfers a matter to another court under sub-section (5), 
further proceedings in the matter shall be as directed by the other court. no 
[Minister's second reading speech made in-
House of Representatives on 22 October 1986 
Senate on 1 April 1987]