IP/N/1/ AUS/1/5 ORGANIZACIÓN MUNDIAL 
DEL COMERCIO 4 de octubre de 1996 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio (96-4025) 
Original: inglés 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
Australia 
En el presente documento se reproducen el texto de las siguientes leyes y reglamentos 1, que 
Australia ha notificado en virtud del párrafo 2 del artículo 63 del Acuerdo (véase el documento 
IP/N/1/ AUS/1/Rev .1). 
Ley de Protección del Logotipo "Advance Australia", de 1984 
Ley Estatutaria (Nº 1) (Disposiciones Diversas), de 1986 
Ley sobre la Jurisdicción de los Tribunales (Modificaciones 
Diversas), de 1987 
1Inglés solamente. Página 
2 
11 
13 IP/N/1/AUS/I/5 
Page 2 
~ AUSTRALIA Ji: 
~~, '''' .o-4·• / / ~ (!1id-.-// // :;:;.~:-:: '" ' ....... 
Advance Australia Logo Protection Act 
1984 
No. 20 of 1984 
An Act to make provision for the protection of the Ad vanee 
Australia logo, and f or 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 
l. 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 upan those provisions so 
coming into operation, those provisions- and section 3 shall be deemed to have 
had effect on and from 13 October 1983. IP/N/1/ AUS/I/5 
Page 3 
Advance Australia Logo Protection No. 20, 1984 
Interpretation 
3. ( 1) In this Act, unless the contrary intention appears-
.. Australia", when used in a geographical sense, includes the extemal 
Territories; 
"Company" means Advance Australia, being a company incorporated on 
29 June 1981 under the law in force in the Australian Capital 
Territory; 
'"charge" mea ns a charge created in any way and includes a martgage and 
an agreement to give ar execute a charge ar martgage, whether upon 
demand or otherwise; 
'"lago" means the logo an outline of which is set out in Schedule 2; 
.. monopoly", in relation to the design of the lago, 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 lago, means the persan who, under 
this Act, or by virtue of a disposition not in contravention of this Act, is 
the owner of the design of the lago; 
"'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 toan 
article does not include a reference toan article so specified. 
(3) A reference in this Act to the design of the logo is a reference to the 
design that, when applied toan article, results in a reproduction of the·logo. 
( 4) U nless the confrary 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 oí Act to external Territories 
5. This Act extends to the external Territories. 
Ownership, &c., of copyright in the logo 
6. Far the purposes of the Copyright Act 1968-
(a) the lago shall be taken to be, and to have been from the time; whert 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/N/1/ AUS/I/5 
Page4 
Advance Australia Logo Prorection No. 20. 1984 
(e) subject to section l O, the Company shall be taken to be, and to have 
been, on and from 29 J une 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 eff ect from 13 October 1983, the owner of the design of the lago. 
Monopoly of design in the logo, &c. 
8. ( 1) The owner of the design of the logo has, and shall be taken at ali 
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 lago 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 lago 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 lago is void. 
Ownership of copyright in, and design of, the logo to vest in Commonwealth in 
certain circumstances 
10. (I) If-
(a) the Company passes a reso!ution for its winding up; 
(b) an arder is made far the winding up of the Company; or 
(e) 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, beneficia! ownership or control of 
the Company, 
then, by force of this sub-section-
( d) the interest ofthe Company in-
(i) the copyright in the logo; and Advance Australia Lago Protection No. 20, 1984 
(ii) the design of the lago, 
is assigned to the Commonwealth; and IP/N/l/AUS/1/5 
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 lago, 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 Cornmonwealth 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 eff ect as if a 
~eference in those provisions to the Company were a ref eren ce 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 oí mono poi y in the design of the logo 
11. ( 1) A person shall be deemed to infringe the monopoly in the design of 
the lago 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 off ers or keeps 
for sale, or hires, or off ers or keeps for hire, any article to which the 
design ar any fraudulent or obvious iniitation of it has been applied in 
infringement of the monopoly in _the design; 
(e) 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 off ers 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 ar obvious imitation of it has been applied, whether in 
or outside Australia. 
(2) Subject to sub-section (3), if a person· infringes the monopoly iñ the 
design of the lago-
( 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 aff ected by the inf ringement, 
may bring an action or proceeding against the persoh in the Supreme Court of a 
State ora 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 far infringemenf ofthe monopoly in the design 
of the lago 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 
lago, applies, by notice in writing served on the owner of the design, far 
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 befare 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 undersub-section (3). 
( 5) Cansen t 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 lago includes an injunction 
(subject to such terrns, if any, as the court thinks fit) and, at the option of the 
plaintiff, either dainages oran account of profits. 
J urisdiction 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 CouÍt of each Territory, with respect to ali 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 J udge. 
(3) Toe 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 severa! 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 exercisirigjurisdiction under this Act. 
(5) An appeal lies to the High Court, with special lea ve of the High Court, 
from aj udgmen t or order ref erred to in sub-section ( 4). 
(6) Except as provided in sub-section (4) or (5), no appeal líes from a 
judgment or order ref erred to in sub-section ( 4). Advance Australia Logo Protection No. 20, 1984 IP/N/1/ AUS/1/5 
Page 7 
(7) A reference in sub-section ( 3) toan inferior court is a ref eren ce 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 far 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 lago, the licence is as valid and eff ectual as it would have been if it had been 
granted on that date far 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 far 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 befare 13 October 1983. 
(3) Nothing in this section shall be taken to affect a right to compensation 
conf erred u pon 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 upan 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 transactism. 
( 4) In this section, ~l,acquisition of property" and "just terms" have the 
same respective meanings as in paragraph 51. (xxxi) of the Cónstitution. 
Directions by Minister 
17. (1) The Minister may, by instrument in wntmg served on the 
Company, give directions to the Company in connecúon with the exercise of its IP/N/1/AUS/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 
( l) to be laid befare 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 ( l ), 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; 
(e) 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 J une, 
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 }Jim under 
sub-section ( 1) to be laid befare eacñ House of the Parliament within 15 sitting 
days of that House after the day on V(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 lago; · .; · · · · 
( 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/1/5 
Page 9 
( 4) A report under sub-section ( 1) in respect of ayear ending on a 30 June 
befare 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 
(B) that 30 June is within the period commencing 5. years 
befare 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 lego. 
(2) During the prescribed period, it is not an infringement of the copyright 
in the lago 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 notan infringement 
of the copyright in the logo to do any act or thing that, had it been done 
immediately befare 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 thisAct to the design of the 
logo had, immediately befare the expiration of the prescribed period, included a 
reference to another design that when applied to an article differs frorii the 
design of the logo only in immaterial details or in features ~ommonly-used in a 
relevant trade. 
(4) Añy registration of the design of the logo that was purpori:ed to be 
made under the Designs Act 1906, whether before or after this sub-section 
commenced to have eff ect, is void and shall be deemed never to have·· been 
made. IP/N/1/ AUS/1/5 
Page 10 
Advance AustraliaLogo Protection No. 20, 1984 
Severability of certain provisions 
20. If, but for this section, the enactment of sub-section 1 O ( 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 eff ect 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 
eff ect to this Act. 
SCHEDULE 1 Sub-section 2 (2) 
ADYANCE AUSTRALIA LOGO PROTECTION ACT 1984 
Sub-section 2 (2) 
Thc Company agrees that. as a condition of thc confcrral on it of bcncfits by or undcr thc Advance 
Australia Logo Protection Act /984, it will not be cntitlcd to any compcnsation from thc 
Commonwcalth by rcason of the opcration of any provision ofthat Act. 
SCHEDULE 2 Sub-scction 3 ( 1) 
OUTLINE OF THE ADVANCE AUSTRALIA LOGO l6f,r . ~ . 
" -= , 
1 IP/N/1/ AUS/1/5 
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 J 986] 
BE IT ENACTED by the Queen, and the Senate and the House of 
Representatives of the Commonwealth of Australia, as follows: 
Short title 
· l. This Act may be cited as the Statute Law (Misce/laneous 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. 86 4801 6 IP/N/l/AUS/1/5 
Page 12 
Statwe Law (Miscellaneous Provisions) (No. 1) No. 76, 1986 
SCHEDULE 1 Section 3 
AMENDMENTS OF ACTS 
Administrative Decisions (Judicial Review) Act J977 
Schedule 1-
0mit paragraph (k). 
Ad·rnnce Australia Logo Protection Act 1984 
Paragraph 18 (3) (b)-· 
Omit "any amounts", substitute .. the total of the amounts". 
Air Narigation (Charges) Act 1952 
Sub-section 5 ( 1 )-
Ornit ··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 (Enrironmcnt Protection) Act 1980 
Paragraph 19 (1) (e)-
Omit the paragraph, substitute the following paragraphs: 
·· (e) drive a ve hiele in a specially protected area; 
.. (ea) land or drive an aircraft in a specially.protected area;". 
Archfres Act 1983 
Sub-section 26 ( 1 )-
Omit "without the approval of the Archives" 
Sub-section 56 (2)-
0rnit 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/1/ AUS/1/5 
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 f or related purposes 
[Assenred 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 
l. This Act may be cited as the Jurisdiction of Courts (Miscel/aneous 
Amendments) Act 1987. 
Commencement 
2. ( 1) Section l, this section and sections 3, 4 ·and 5 shall come into 
opcration on the day on which this Act receives the Royal Assent. 
(2) The amcndments 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. IJ>/1'1"/1/J\.tJS/1/5 
Page 14 
Jurisdiction of Courts (Miscellaneous Amendments} 
No. 23, 1987 
Amendments of Acts 
3. Toe Acts specified m the Schedule are amended as set out m the 
Schedule. 
Transitional provisions relating to taxation laws 
4. ( 1) In this section-
ªcommencement day" means the day on which the amendments made 
by this Act to the Income Tax Assessment Act 1936 come into 
operation; 
Hobjection,, means an objection under a relevant tax law, being an 
objection-
(a) as defined by section 3 of the Taxation (lnterest on 
Overpayments) Act 1983; or 
(b) under sub-section 40 (2) or (4) of the Sales Tax Assessment 
Acr (No. 1) 19 30 or· either of those sub-sections as applied 
for the purposes of any other Act providing for the a.s.sessment 
of sales tax; 
"relevant tax law" means-
(a) the Bank Account Debits Tax Administration Act 1982; 
(b) the Estate Duty Assessment Act 1914; 
(e) the Fringe Benefits Tax Assessmenr Acr 1986; 
(d) the Gift Duty Assessment Act 1941; 
(e) the Income Tax Assessment Act 1936; 
(f) an Act providing for the asscssment of sales tax; 
(g) the Taxation (Unpaid Company Tax) Assessmenr Act 1982; 
or 
(h) the Trust Recoupment ·Tax Assessment Act 1985; 
'4Supreme Court" means the Supreme ~ourt oí a State or of thc 
Nort.hern T~rritory o~ the Aus_tralian Capital Territory. 
(2) Where, under· a provision of a relevant tax law as in force befare 
the commencement day-
( a) the Commissioner of Taxation had rcceived a request to refcr a 
decision on an objection to a Suprcme Court; or 
(b) the Commissioner of T axation had rcceived a rcqucst to trcat an 
objcction 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 rcfcr thc· dccision on 
the objcction to a Supreme Court, 
and thc request had not been forwardcd. to a Supremc Court befare thc 
commenccmcnt day, the request shall, ori and after the commcncement day, 
be-trcated as a request to ref er the decision on the objection to· the Federal 
Court of Australia. IP/N/1/ AUS/1/5 
Page 15 
Jurisdiction of Courts (Misceilaneous Amendments) 
No. 23, 1987 
(3) Where, under a provision of a relevant tax Iaw as in force befare_ 
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 befare 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 oí a relevant tax law as 
amended by this Act; 
(e) the Federal Court of Australia has jurisdiction to hear and determine 
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 Supremc Caurt in relation to the 
proceedings shall be transferred to the Federal Caurt af Australia 
and dealt with as if they had been lodged with that Caurt; and 
( f) all things done in ar in relation to the proceedings in the Supreme 
Court shall be deemed to have becn 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 af court and enforcing of arders) in respect 
of an order of a Supreme Court made· in ar in relation to proceedings 
referred to in sub-section (3) as if it were an arder of the Federal Court af 
Australia. 
(5) Subject to sub-section (3), the provisions af the relevant tax laws 
that are amended ar repealed by this Act continue to apply to-
( a) a decision an an objection, ar 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 ar 
abjection, 
as if those amendments ánd repeals had not becn. made. 
( 6) Sub-section ( 5) has eff ect notwithstanding thc operatian 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 amcndments made by this Act to the Ad vanee Australia 
Lago Protecrion Act 1984, the Copyright Act I 968, the Designs Act 1906, 
the Patents Act 1952 and the Trade Marks Act 1955 apply only in relation IP/N/1/ AUS/I/5 
Page 16 
Jurisdiction of Courts (Miscellaneous Amendments) 
No. 23. 1987 
to actions or procecdings commcnccd after thc commenccmcnt of thosc 
amendmcnts. 
(2) The provisions of the Acts rcf errcd to in sub~scction ( 1) as in force 
immcdiately befare thc commenccment of thc amcndmcnts madc by this 
Act to those Acts continuc to apply in rclation to actions or procccdings 
commenced undcr thosc Acts befare that commcnccmcnt. IP/N/1/ AUS/1/5 
Page 17 
Jurisdiction of Courts ( Miscellaneous Amendments) 
No. 23, 1987 . 
SCHEDULE 
AMENDMENTS OF ACTS 
Adrsnce Australia Logo Protection Act 1984 
Sub-section 11 (2)-
lnsert .. Federal Court of Australia or the'9 befare ··supreme Court99
• 
After sub-section 13 (1 )-
lnsert the following sub-section: Section 3 
.. ( lA) The Federal Court of Australia has jurisdiction with rcspcct to all mattcrs 
arising under scction 11 or 16. ''. 
Bank Account Debits Tax Administration Act 1982 
Section 20-
Before the definition of .. objcctor", insert the following definition: 
.. 'Federal Court' means the Federal Court of Australia;". 
~ction 20 (definition of ''Supreme Court")-
Omit the dcfinition. 
Paragraph 23 (b )-
Omit .. a specified Supremc Court", substitute "'the Federal Court". 
Paragn.ph 25A ( 1) (b )-
Omit the paragraph, substitute the following paragraph: 
.. (b) if thc application relates to a rcquest to refcr a dccision to thc Federal Court­
send thc application to that Court.". 
Sub-sectioo 25A (3)-
(a) Omit .. a Supreme Court", substitut; ºthe Federal Court". 
(b) Omit ali thc words after ··commissioncr". 
Sub-sectioo 25A (4)-
0mit .. Suprernc Court", substitute '4Fcdcral Court". 
Sub-section 25B (3)-
(a) Omit "a Suprcme Court", substitutc u.thc Federal Court". 
(b) Omit all the words aftcr "the dccision". 
Sub-sectioo 26 ( 1 )-
Omit ·~A Supreme Court hearing an appcal under this Part", substitute "Whcrc thc 
Federal Court hcars an appeal undcr this Part., thc Court". 
Sub-sectioos 26 (3), (4) aod (S)-
Omit the sub-scctions. 
Sectioos 28 and 29-
Rcpeal thc scctions. 
·· Sub-sectioo 29A (l)-
Omit thc sub-scction9 substitutc thc following sub-scction: IP/N/l/AUS/1/5 
Page 18 
Jurisdiction of Courts ( Miscellaneous Amendments) 
No. 23, 1987 
SCHEDULE-continucd 
.. (2) For the purposes of determining when a dccision of the Tribunal or of the 
Federal Court becomes final-
(a) if that dccision is a decision of the Tribunal, or of the Federal Court constituted 
by a single Judgc, and no appeal is lodged within thc pcriod for lodging an 
appeal-that decision bccomcs final at the end of that period; or 
(b) if that dccision is a decision of the Full Court of thc Federal Court and an 
application is not madc for special leavc to appeal to thc High Court within thc 
pcriod of 30 days aftcr thc making of thc dccision-that dccision bccomcs final 
at thc cnd oí that pcriod. ". 
Section 62-
0mit the word and paragraphs aftcr .. may makc'' (second occurring), substitutc the 
following: 
ºregulations prcscribing pcnalties not exceeding a fine of S500 for offences against the 
rcgulations. ". 
Copyright Act 1968 
Heading to DiYision 4A oí Part V-
Omit the hcading, substitute thc following hcading: 
HDivision 4A-Jurisdiction and Appcals". 
Sub-sections 131B (1) and (2)-
Inscrt Hof a State or Territory" after .. a court'\ 
Mter section 13 lB-
Insert the following scction: 
Jurisdiction oí Federal Court o( Australia 
.. 13IC. Jurisdiction is confcrrcd on thc Federal Court oí Australia with respcct to 
actions undcr this Part. ". 
DesigIJS Act 1906 
Sub-sectioo 4 ( 1 )-
Aftcr thc dcfinition of .. dcsign", insert the following definition: 
.. 'Federal Court' mcans the Federal Court of Australia; ... 
Sub-section 4 ( 1) ( definition of "prescribed court")­
lnscrt '·the F cdcral Court," aftcr '·mcans ". 
Sub-section 22B (l)-
Omit ua prescribcd court", substitute "the· Federal Court". 
Sub-section 24 (3)-
0mit ua prcscribcd court", substitutc .. 'the Federal Coun'·. 
Sub-section 27A (11)-
0mit .. a prescribcd court", substitute .. the Federal Court". 
Sub-section 40G ( 1 )-
Omit thc sub-scction, substitutc the following sub-sections: IP/N/l/AUS/1/5 
Page 19 
Jurisdiction of Courts ( Misceilaneous Amendments) 
No. 23, 1987 
SCHEDULE-continued 
•• ( 1) Toe Federal Court has jurisdiction with rcspect to mattcrs arising under this 
Act. 
.. ( 1 A) The jurisdiction of thc Federal Court to hear and determine appcals from 
dccisions of the Registrar is exclusive of thc jurisdiction of any othcr court, other than 
thc jurisdiction of thc High Court under section 75 of the Constitution . 
.. ( 1 B) Subject to sub-section (2), each prcscribcd court (othcr than thc Federal 
Court) has jurisdiction with respect to mattcrs arising undcr this Act in rcspcct of which 
actions or proceedings may, under a provision of this Act, be instituted in a prcscribcd 
court . 
.. ( lC) A prosccution for an offencc against this Act shall not be institutcd in the 
Federal Court. ". 
Su~ctioo 40G (2)-
0mit .. sub-scction ( l )'', substitutc .. sub-section ( l B) ". 
Sub-sections 401 (1) and (2)-
0mit thc sub-sections. substitute the following sub-scctions: 
º(l) An appcal lies to the Federal Court from a judgment or arder of: 
(a) anothcr prcscribed court exercising jurisdiction undcr this Act; or 
(b) any other court in an action or procccding rcf errcd to in scction 31. 
••(2) Except with the le.ave of thc Federal Court, an appcal docs not lic to thc Full 
Court of thc Federal Court from a judgmcnt or arder oí a single judgc of thc Federal 
Court in the exercisc of its jurisdiction to he.ar and determine appcals from dccisions of 
thc Registrar.". 
Section 40J-
Omit ··prescribcd court", substitute ··Federal Court". 
Sub-section 46B ( 1 }-
Omi t .. a prescribcd court", substitute .. thc Federal Court". 
Sub-section 46B (2)-
0mit ··prcscribed court", substitutc .. Federal Court". 
Estate Duty Assessmeat Act 1914 
Sub-section 3 ( 1 )-
After thc definition of .. estate", insert thc following definition: 
•• ·Federal Court' mcans thc Federal Court of Australia;". 
Paragraph 25 (1) (b}-
Omit .. a spccificd Suprcmc Court", substitutc ··thc Federal Court". 
Paragraph 27 A ( 1) (b )-
-Omit the paragraph, substitutc thc following paragraph: 
.. (b) if thc application relates to a rcqucst to refer a dccision to thc Federal Court­
send the application to that Court. ". 
Sub-section 27 A ( 3 )-
(a) Omit ua Suprcme Court", substitute .. thc Federal Court". 
(b) Omit all the words aftcr .. Commissioncr". IP/N/1/ AUS/I/5 
Page 20 
Jurisdiction of Courts (Misce/laneous Amendments) 
No. 23, 1987 · 
SCHEDULE-continued 
Sub-section 27 A ( 4 )-
Omit .. Supremc Court", substitute 04fedcral Court',. 
Sub-section 27B (3)-
(a) Omit .. a Supremc Court", substitute ºthe Federal Court". 
(b) Omit all thc words after .. thc dccision". 
Section l7E-
Rcpcal thc scction, substitute thc following section: 
Powers of Federal Court on appeal 
''27E. Whcrc thc Federal Court hears an appeal under this Part, the Court may 
make such arder in relation to thc dccision to which thc appeal relates as it thinks fit, 
inciuding an arder confirming or varying the decision. ". 
Sectioos 28, 28A, 28AA and 28AB-
Rcpcal thc scctions. 
Sub-section 28AC (2)-
0mit the sub-scction, substitute the following sub-scction: 
H(2) Far the purposcs of dctcrmining whcn a decision of the Tribunal or of the 
Federal Court bccomes final-
( a) if that decision is a decision of the Tribunal, or of thc Federal Court constituted 
by a single Judgc, and no appeal is lodgcd within thc period for lodging an 
appcal-that dccision becomes final at the cnd of that period; or 
(b) if that dccision is a dccision of thc Full Court of the Federal Court and an 
application is not made for spccial lcave to appcal to the High Court within the 
period of 30 days aftcr thc making of the dccision-that dccision becomes final 
at the cnd of that pcriod. ". 
Section l8D-
Repcal thc secticn. 
Section 50-
0mit thc word and paragraphs aftcr "'may makc" (sccond occurring), substitute the 
following: 
04rcgulations prcscribing penaltics not excecding a fine-of S500 for off cnces against thc 
rcgulations. ". 
Friage ·Beaeñts Tax Assessmeat Act 1986 
Sections 79 and 79 A-
Repcal the scctions, substitutc thc following section: 
Iaterpretation 
º79. In this Part, 'F cdcral Court' means thc F edcral Court of Australia.,.. 
Paragnpb 81 (b)-
Omit "a spccificd Supremc Court'\ substitutc 04thc Federal Court'\ IP/N/1/ AUS/1/5 
Page 21 
Jurisdiction of Courts (Miscellaneous A~endments) 
No. 23, 1987 
SCHEDULE--continucd 
Paragraph 84 (1) (b)-
Omit the paragraph. substitute thc following paragraph: 
.. (b) if the application relates to a rcquest to rcfcr a dccision to thc Federal Court­
send the application to that Court. ". 
Sub-section 84 (3)-
(a) Omit .. a Supreme Court", substitutc "thc Federal Court". 
(b) Omit all thc words after ·~commissioncr". 
Sub-section 84 ( 4 )-
Omit "Supreme Court", substitute .. Federal Court". 
Sub-section 85 (3)-
(a) Omit .. a Supremc Court", substitutc "the Federal Court". 
(b) Omit all thc words after .. the decision". 
Sectio n 86 B-
Repeal the section. 
Sub-section 86C ( I )-
Omit "A Supreme Court hearing an appeal undcr this Part", substitutc .. Where the 
Federal Court hcars an appcal undcr this Pan, thc Court'\ 
Sub-section 86C (2)-
0mit the sub-section. 
Section 86D--
Rcpcal the scction. 
Sub-sectioo 86E (2)-
0mit thc sub-scction, substitutc thc following sub-scction: 
.. (2) For the purposes of dctermining· whcn a decision of thc Tribunal or of thc 
Federal Court bccomes final-
(a) if that dccision is a dccision of thc Tribunal, or of the Federal Court constitutcd 
by a single Judge, and no appcal is lodgcd within thc pcriod for lodging an 
appcal-that decision bccomes final at the end of that period; or 
(b) if that dccision is a decision of the Full Court of the Federal Court and an 
application is not made for spccial '!cave to appeal to the High Court within 
the pcriod of 30 days after thc. making. of the. decision-that decision becomes 
final at thc cnd of that pcriod.'·. 
Sectioo 87-
Repeal thc scction. 
Gift Duty Assessmeat Act 1941 
Sub-sectioo 4 ( I )-
After the dcfinition of udonor··, inscrt the following dcfinition: 
•• 'Federal Court' mea.ns the Federal Court of Australia; ... 
Sub-section 4 ( I) ( definition oí "Supreme Court")­
Omit the dcfinition. IP/N/1/AUS/1/5 
Page 22 
Jurisdiction of Courts ( Misce/laneous Amendments) 
No. 23, 1987 
SCHEDULE-continued 
Paragraph 32 (b )-
Omit "a specified Supremc Court", substitutc "thc Federal Court". 
Paragraph 34A (1) (b)-
Omit the paragraph, substitute the following paragraph: 
.. ( b) if the application relates to a rcqucst to re fer a decision to the Federal Court­
send the application to that Court. ". 
Sub-section 34A (3)-
(a) Omit .. a Supreme Court", substitutc .. thc 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 .. a Supreme Court", substitutc .. the Federal Court". 
(b) Omit all thc words after .. the dccision". 
Sub-section 34E ( 1 )-
Omit .. A Supreme Court hcaring an appeal undcr this Part", substitute .. Whcrc the 
Federal Court hears an appeal under this Pan, the Court". 
Sub-section 34E (2)-
0mit the sub-section. 
Sections 35, 36~ 36A and 36B­
Repeal thc sections. 
Sub-sectioa 36C (2)-
0mit thc sub-scction, substitutc fhe following sub-scction: 
.. (2) For thc purposcs of dctermining whcn a decision of the Triburial or of the 
Federal Court becomes final-
(a) if that dccision is a dccision of thc. Tribunal, or of thc Federal Court constitutcd 
by a single Judgc, and no appeal is lodged within thc period for lodging an 
appcal-that dccision bccomcs final at the end of that pcriod; or 
(b) if that dccision is a dccision of the Full Court of thc Federal Court and an 
application is not madc for special leavc to appcal to thc High Court within thc 
period of 30 days aftcr thc making of thc dccision-that dccision becomcs final 
at thc end of that pcriod.". 
Section 38A-
Repcal the scction. 
Section 47-
0mit all thc words and paragraphs after "Act" (last occurring), ·substitutc. thc 
following: 
• ., and, in particular, for prescribing pcnaltics not cxcecding a fine of $500 for offcnccs 
against thc rcgulations.... · Jurisdiction of Courts (Misce/laneous Amendment$) 
No. 23, 1987 
SCHEDULE-continued 
Income Tax Assessment Act 1936 
Sub-section 177 ( 1 )-IP/N/1/ AUS/1/5 
Page 23 
Omit ·• ( except in proceedings on appeal against the assessment) n, substitutc 
'4, except in proceedings under Part V on a review or appeal relating to thc assessmcnt,n. 
Sections 184A and 184C-
Rcpcal the sections, substitute the following scction: 
Interpretation 
.. 184. In this Di vis ion. ·Federal Court · means the Federal Court of Australia.". 
Puagraph 187 (b )-
Omit .. a specificd Supremc Court'\ substitute "the Federal Court". 
Paragraph l88B (1) (b )-
Omit the paragraph, substitutc the following paragraph: 
"(b) if the application relates to a rcqucst to rcfer a decision to thc Federal Court­
send the application to that Court .... 
Sub-section I88B (3)-
(a) Omit "a Suprcme 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 .. a Suprcme Court ", substitute "the Federal Court ". 
(b) Omit all thc words after "the decision". 
S«tions 196A and 198-
Rcpeal the sections. 
Sub-section 199 ( 1 )-
Omit "A Suprcmc Court hearing an appcal undcr this Part", substitute .. Whcrc the 
Federal Court hcars an appeal undcr this Part, the Court". 
Sub-section 199 (2)-
0mit thc sub-section. 
Sections 200 and 200A­
Repeal thc scctions. 
Sub-section 200B ( 2 )-
Omit the sub-section, substitute the following sub-scction: 
.. (2) For the purposcs of detcrmining whcn a decision of the Tribunal or of thc 
Federal Court bccomcs final-
( a) if that dccision is a dccision of thc Tribunal, or of thc Federal Court constituted 
by a single J udge, and no appeal is lodgcd within the pcriod for lodging an 
appeal-that dccision bccomcs final at thc end of that pcriod; or IP/N/1/ AUS/1/5 
Page 24 
Jurisdiction of Courts ( Miscellaneous Amendments) 
No. 23, 1987 
SCHEDULE-continued 
(b) if that dccision is a dccision of thc Full Court of thc Federal Court and an 
application is not madc for special leave to appeal to the High Court within the 
period of 30 days after the making of the decision-that decision bccomes final 
at the end of that period. ". 
Sub-sectioo 266 (2)-
0mit the sub-section. 
Pateats Act 1952 
Section 6-
Aftcr thc definition of .. exclusive liccnscc", inscrt thc following dcfinition: 
·"'Federal Court' means the Federal Court of Australia;". 
Sectioo 6 (definitioo of ',>rescribed court,~}­
lnscrt .. the Federal Court," aftcr ··means". 
Su~ction 49 (8)-
0mit .. a prcscribcd court'\ substitutc .. lhe Federal Court". 
Sub-section 49A (10}-
0mit ··a prescribcd court", substitutc .. thc Federal Court". 
Sub-stttion 50 (6}-
0rnit .. a prescribed court", substitute "thc Federal Court". 
Sub-section 52 (8}-
0mit .. a prcscribed court", substitute .. thc Federal Court ... 
Sub-sectioa 52D (9)-
0mit ··a prescribcd court'9, substitutc ··the Federal Court". 
Sub-section 60 ( 5}-
(a) Omit ºthe prescribed court", substitute ··thc Federal Court··. 
(b) Omit .. a prcscribed court", substitute ··thc Federal Courtn. 
Sub-section 63 (4)-
0mit .. a prescribed court", substitutc .. the Federal Court". 
Paragraph 66 (3) (c)-
Omit the paragraph, substitute the following paragraph: 
.. (e) procccdings in a coun; or". 
Paragntph 66 (3) (f)-
Omit the paragraph, substitutc the following paragraph: 
.. (f) in a case to which paragraph (e) applies-the court or, if the proccedings are 
discontinued, the Commissioncr directs; or". 
Sub-sections 68B ( 11) and ( 12)-
0mit .. a prescribcd court'\ substitute ºthc Federal Court". 
Sub-section 73 (4)-
0m1t ºa prcscribed court '\ substitute ··the Federal Court ". IP /N / 1/ A US/1/ 5 
Page 25 
Jurisdiction of Courts ( Miscel/aneous Amendments) 
No. 23, 1987 
SCHEDULE-continucd 
Sub-section 81 (2)-
0mit ··a prescribed court", substitutc .. the Federal Court". 
Sub-sectioo 81 (3)-
0mit '"prescribed court", substitutc .. Federal Court". 
~ction 84--
(a) Omit .. prescribed court" (first occurring), substitutc .. Federal Court". 
(b) Omit .. a prescribed court", substitutc "thc Federal Court". 
Sub-section 146 ( 1 )-
Omit the sub-scction, substitute the following sub-scctions: 
.. ( 1) The Federal Court has jurisdiction with respect to matters arising undcr this 
Act . 
.. ( lA) Toe jurisdiction of thc Federal Court to hcar and determine appcals from 
dccisions or dircctions of the Comissioner is exclusive of thc jurisdiction of any othcr 
court. other than the jurisdiction of the High Court undcr scction 75 of thc Constitution . 
.. ( 1 B) Subject to sub-section (2), cach prescribcd court (other than thc Federal 
Court) has jurisdiction with respcct to mattcrs arising undcr this Act in respcct of which 
actions or procccdings may, under a provision of this Act., be institutcd in a prescribcd 
court. 
··etc) A prosccution far an offence against this Act shall not be instituted in thc 
Federal Court. ". 
Sub-section 146 (2)-
0mit .. sub-scction ( 1) ". substitutc .. sub-section ( 1 B) ". 
Sub-sections 148 ( 1) aod (2)-
0mit thc sub-scctions, substitutc the following sub-sections: 
.. ( 1) An appcal lies to thc Federal Court from a judgmcnt or arder of: 
(a) anothcr prescribed court cxcrcising jurisdiction under this Act; or 
(b) any othcr court in an action or procceding rcfcrred to in scction 113 or 121. 
.. (2) Except with thc lcavc of thc Federal Court, an appcal does not lic to thc Full 
Court of the Federal Court from a judgmcnt or ordcr of a single judgc of thc Federal 
Court in the excrcisc of its jurisdiction to hcar and determine appcals from decisions or 
directions of thc Commissioner. ". 
Stttion 149-
(a) Omit .. A prescribcd court", substitutc '1he Federal Courtn. 
(b) lnscrt .. from a decision or direction of thc Commissioncr'" after '4court" (sccond 
occurring). 
~ction 150-
0mit .. prescribcd court", substitutc ··Federal Court ... 
Sub-section 154A ( 6)-
0mit ··a prcscribcd court ", substitutc ··thc Federal Court '\ 
Sub-section 155 (2)-
0mit ··a prescribcd court", substitutc ··thc Federal Court". IP/N/1/ AUS/1/5 
Page 26 
Jurisdiction of Courts (Miscellaneous Amendments) 
No. 23, 1987 
SCHEDULE-continucd 
Sub-section 163 (2)-
0mit .. a prcscribed court,,, substitute ··the Federal Court". 
Section 170-
(a) Omit ··a prescribed court''. substitute ''the Federal Court". 
(b) Omit "the prcscribed court" (wherevcr occurring). substitutc .. thc Federal 
Court". 
Sales Tax Assessment Act (No. 1) 1930 
Section 39A-
Bcfore the definition of ··objcctor", insert the following definition: 
·· 'Federal Court' mcans the Federal Court of Australia;". 
Section 39A ( definitioo of "Supreme Court")­
Omit the definition. 
Section 39C-
Repcal thc section. 
Paragraph 41 (b)-
Omit .. a specified Supreme Court", substitute .. thc Federal Court"'. 
Puagraph 42B (1) (b)-
Omit the paragraph, substitutc the following paragraph: 
"(b) if the application relates to a rcquest to refer a decision to thc Federal Coun­
scnd thc application to that Court. ". 
Sub-section 42B ( 3 )-
(a) Omit .. a Supremc Court", substitute ··the Federal Court". 
(b) Omit all the words aftcr .. Commissioncr". 
Sub-sectioo 42B ( 4 )-
Omit .. Suprcmc Court'9, substitutc .. Federal Court'~. 
Sub-sectioo 42C (3)-
(a) Omit ºa Suprcme Court''. substitutc ºthe Federal Court". 
(b) Ornit ali thc words aftcr ··thc dccision,.. 
Sub-sections 42G ( 1 ), (l ), ( 4) aod ( 5)-
0mit the sub-scctions. 
Sub-section 42G ( 3 )-
Omit •• A Suprcmc Court hearing an appcal undcr this Part,., subsutute 'Whcre the 
F cdcral Court hears an appcal undcr this Part. thc Co~rt '9. 
Sub-section 42H (2)-
0mit thc sub-scction, substitutc the following sub-scction: 
.. (2) For the purposes of dctermining whcn a dccision of thc Tribunal or of the 
Federal Court bccomcs final-Jurisdiction of Courts ( Misce/laneous Amendments) 
No. 23, 1987 
SCHEDULE-continued IP/N/l/AUS/1/5 
Page 27 
(a) íf that decision is a decision of the Tribunal, or of the Federal Court constituted 
by a single J udgc, and no appeal is lodged within the pcriod for lodging an 
appeal-that decision becornes 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 rnade far special leavc to appeal to the High Court within the 
period of 30 days after the making of the decision-that decision becomcs final 
at the end of that period. ". 
Paragraph 73 (aa)-
Add at the end .. and". 
Paragraph 73 (ab )­
Omit the paragraph. 
Taxation (Unpaid Company Tax) Assessment Act 1982 
Sub-section 4 (7)-
0mit the sub-section. 
Trade Marks Act 1955 
Sub-section 6 ( 1 )-
Aftcr the definition of .. Convention countryn, inscrt the foilowing dcfinition: 
·• ·Federal Court' means the Federal Court of Australia~". 
Sub-section 6 (1) (definition of "prescribed court")-
1 nscrt ··the Federal Court," after .. mea ns". 
Sub-section 19 (3)-
0mit .. a prcscribcd court", substitutc ··the Federal Court". 
Sub-section 20 (2)-
0mit ··a prescribcd court", substitutc 04the Federal Court ... 
Sub-section 21 (5)-
0mit .. a prescribed court'', substitute '"the Federal Court". 
Sub-sectioo 23 (7)-
0mit '"a prcscribed court''. substitute .. thc Federal Court". 
Sub-section 26 (4)-
0mit .. a prcscribcd court", substitutc .. the Federal Court". 
Sub-section 30 (3)-
0mit "a prescribed court", substitute .. the Federal Court". 
Sub-section 36 (3)-
. Omit .. a prescribcd court'\ substitu~e '"the Federal Court". 
Sub-section 42 ( 4 )-
Omit .. a prcscribcd court", substitutc .. the Federal Court". IP/N/l/AUS/1/5 
Page 28 
Jurisdiction of Courts (Miscellaneous Amendments} 
No. 23, 1987 
SCHEDULE-continued 
Sub-section 43 ( 4 )-
Omit .. a prescribed court", substitutc .. thc Federal Court". 
Sub-section 46 ( 1 )-
Omit .. a prescribed court", substitute ''thc Federal Court". 
Sub-section 46 (2)-
0mit "prcscribcd court", substitute .. Federal Court". 
Section 51-
0mit .. a prescribed court", substitute .. thc Federal Court". 
Paragraph 54 (3) (b)-
Omit the paragraph, substitute the following paragraph: 
"'(b) procccdings in a court; or". 
Paragraph 54 (3) (e)-
Omit thc paragraph. substitute the following paragraph: 
.. (e) in a case to which paragraph (b) applics-the court or, if thc procccdings are 
discontinucd, the Registrar dirccts; or". 
Section 81-
0mit .. a prcscribcd court", substitute ''the Federal Court". 
Sub-section 86 (3)-
0mit "a prescribed court", substitute "the Federal Court''. 
Sub-section 112 ( 1 )-
Omit thc sub.section, substitute the following sub-sections: 
.. ( 1) The F cderal Court has jurisdiction with respcct to mattcrs arising under this 
Act. 
•• ( 1 A) The jurisdiction of the Federal Court to hcar and determine appcals from 
dccisions, dircctions or orders of thc Registrar is exclusive of thc jurisdiction of any 
other court, othcr than th~ jurisdiction of thc High Court · under section 75 of thc 
Constitution. · 
'·(la) Subjcct to sub-section (2), cae~ prcscribed court (othcr than thc Federal 
Court) has jurisdiction with respcct to mattcrs arising undcr this Act in rcspect of which 
actions or procecdings may, undcr a provision of this Act, be institutcd in a prescribcd 
court. 
"(1 C) A prosecution for an off cnce against this Act shall not be institutcd in thc 
Federal Court. ". 
Sub-section 112 (l)-
Omit ·~sub-section ( 1) ", substitutc "sub-scction (l sr·. 
Sub-sections 114 ( 1) and (l)-
Omit the sub·sections. substitute the following sub-sections: 
" ( 1) An appcal líes to thc Federal Court from: a judgment or order of: 
(a) anothcr prcscribcd court cxcrcisin~ iurisdiction undcr thi~ Act· n;· IP/N/1/ AUS/1/5 
Page 29 
J urisdiction of Courts ( Miscellaneous Amendments) 
No. 23. 1987 
SCHEDULE-continucd 
(b) any other court in an action ar procecding rcfcrred to in section 67 or 124 . 
.. (2) Exccpt with thc l~vc of thc Federal Court, an appcal docs not lic to the Full 
Court of the Federal Court from a judgment or arder of a single judgc of the Federal 
Court in the excrcise of its jurisdiction to hcar and determine appcals from dccisions~ 
directions or orders of the Registrar.". 
Section 115-
(a) Omit .. A prescribed court", substitute uThc Federal Court". 
(b) Inscrt ··rrom a decision, direction or arder of the Registrar" aftcr ºcourt" 
(second occurring). 
~tion 115A-
Omit ··prescribcd court", substitute .. Federal Court". 
Sub-sectioo 139 (5)-
0mit ... a prescribcd court", substitutc .. the Federal Court". 
Stttion 142-
(a) Omit ··a prcscribed court", substitute ºthc Federal Court". 
(b) Omit .. thc prescribed court" (whcrcvcr occurring), substitutc "'thc Federal 
Court". · 
Trade Practices Act 1974 
Stttion 75B-
Add at the cnd thc following sub-scction: 
.. (2) In this Part, unlcss thc contrary intention appcars-
( a) a referencc to thc Court in rclation to a matter is a rcf eren ce to any court 
having jurisdiction in thc mattcr; 
(b) a rcfcrencc to thc Federal Court is. a. rcfcrcncc to thc Federal Court of 
Australia; and 
(e) a rcfcrcncé to a judgmcnt is a rcfcrcnce to a judgmcnt, dccrcc or ordcr, whethcr 
final or interlocutory.''. 
Section 86-
Rcpcal the scction, substitutc the following scctions: 
J urisdiction. of courts· 
.. 86. ( 1) Jurisdiction is conferrcd on the Federal Court in· any matter arising undcr 
this Act in respcct of which a civil procceding has, whcthcr bcfore or aftcr thc 
commcnccmcnt oí this scction, been instituted un~cr this Part . 
.. (2) Thc severa! courts of the States are invested with federal jurisdiction within 
thc limits of thcir severa! jurisdictions, whether those limits are as to locality, subjcct­
mattcr or othcrwisc, and, subjcct to the Constitution, jurisdiction is confcrrcd on thc 
sevcral courts of the T crritories, with rcspect: to any matter arising undcr Division 1 or 
1 A of Part V in respcct of which a civil procceding is institutcd by a person othcr than 
_...:thc Ministcr or thc Commission. ·· 
º(3) Nothing in sub-scction (2) shall be-takcn tÓ enablc an inferior court of a Statc 
or Tcrritory to grant a. rcmcdy othcr than a remcdy of a kind that thc· court is ablc to 
grant undcr the law of that State or Tcrritory. IP/N/1/ AUS/1/5 
Page 30 
J urisdiction of Courts ( Miscellaneous Amendments) 
No. 23, 1987 
SCHEDULE-continucd· 
""(4) Thc jurisdiction confcrrcd by sub-scction (1) on the Federal Court is exclusive 
of thc jurisdiction of any othcr court othcr than thc jurisdiction of thc sevcral courts of 
the States and Territorics under sub-scction (2) and thc jurisdiction of the High Court 
under section 7 5 of thc Constitution. 
Transf er oí matters 
.. 86A. ( 1) Whcrc-
( a) a civil proceeding institutcd ( whcthcr bcfore or aftcr thc commencement of this 
section) by a person othcr than thc Minister or thc Commission is pcnding in 
the F cderal Court; and 
(b) a matter far detcrmination in thc procccding arosc undcr Division 1 or lA of 
Part V, 
the Federal Court rnay, subjcct to sub-scction (2), upan thc application of a party or 
of the Federal Court's own motio~ transfcr to a. court of á Statc or Tcrritory thc 
matter rcferred to in paragraph (b) and may also transfcr to that court any other matter 
far determination in thc procceding . 
.. (2) The Federal Court shall not transfcr a matter to anothcr court undcr sub­
section ( 1) unless thc othcr court has power to grant the remedies sought befare thc 
Federal Court in the matter and it appcars to the Federal Court that-
( a) the matter ariscs out of or is relatcd to a procccding that is pcnding in the 
other court; or 
(b) it is othcrwise in thc intcrcsts of justicc that thc matter be dctcrmincd by thc 
other court . 
... (3) Whcre thc Federal Court transfcrs a mattcr to anothcr court under sub-scction 
(1)-
(a) further proccedings in thc mattcr shall be as directed by thc othcr court; and 
(b) the judgmcnt of thc other court in the mattcr is cnforccable throughout 
Australia and .thc externa! Territorics as if it wcrc a judgmcnt of thc Federal 
Court. 
""(4) Where-
(a) a procccding is pending in a court (other than the Supreme Court) of a Statc 
or T crritory; and . 
(b) a mattcr for dctennination in the procceding arosc undcr Division 1 or lA of 
Part V, 
the court shall, if directed to do so by the Federal Court, transfer to thc Federal Court 
the mattcr rcf erred to in paragraph (b) and, such othcr matters far determination in the 
procccding thc detcrmination of which would, apart from any law oí a State or of thc 
Northern Tcrritory relating to cnm-vcsting of jurisdiction, be within the jurisdiction of 
the Federal Court as the Federal Court determines. 
••(5) Whcre-
(a) a procccding is pcnding in a court {othcr than thc Suprcmc Coun) of a Statc 
or Tcrritory; and 
(b) a mattcr for dctermination in thc procceding arase under Division l or lA oí 
Part V, 
the court may, subject to sub-scction (6), upon the application of a party or of the 
court's own motion, transfer to a court (othcr than thé Suprcmc Court) -af a State or· 
Territory other than thc State or Territory rcferrcd to in paragraph (a) the matter 
referrcd to in paragraph (b). 
""(6) A court shall not transfer a mattcr to anothcr court under sub-scction (5) 
unless thc othcr court has powcr to grant the remedies sought bcforc the first-mentioncd 
court in thc matter and it appears to thc first-mentioned court that-IP/N/1/ AUS/1/5 
Page 31 
Jurisdiction of Courts (Miscellaneous Amendments) 
No. 23, 1987 
SCHEDULE-continued 
(a) the matter arises out of or is related to a procccding that is pending in the 
other court; or 
(b) it is otherwise in the intcrests of justice that thc matter be deterrnincd by the 
othcr court. 
··(7) Where a court transfers a matter to another court under sub-section (5), 
f unher proceedings in the matter shall be as directcd by thc other court .... 
[Minister's second reading speech made in-
House of Representatives on 22 October 1986 
Senate on 1 April 1987]