Document ID: chunk:federal_register_of_legislation:C2016C00956:section:8
Version: federal_register_of_legislation:C2016C00956
Segment Type: section
Provision Reference: s 8
Character Range: 14908–16604

8  Conditions subject to which State courts are invested with federal jurisdiction
 (1) The jurisdiction with which courts are invested by the last preceding section or by regulations made for the purpose of subsection (6) of section 4 of this Act is invested subject to the following conditions and restrictions and no others:
 (a) a decision of such a court, whether in original or appellate jurisdiction, is not subject to appeal to Her Majesty in Council, whether by special leave or otherwise; and
 (b) where the law of a State prohibits any appeal from such a court, an appeal does not lie to the High Court from a decision of that court unless the High Court grants special leave to appeal.
 (2) Sections 39 and 68 of the Judiciary Act 1903‑1969, and any other law of the Commonwealth that was passed or made before the commencement of this Act, do not, and, unless the contrary intention appears, any law of the Commonwealth that is passed or made after the commencement of this Act does not, operate so as to invest a court of a State with federal jurisdiction in a matter arising under the applied provisions.
 (3) Nothing in this Act affects the operation of section 38 of the Judiciary Act 1903‑1969.
 (4) Sections 38A and 40A of the Judiciary Act 1903‑1969 do not apply in relation to a matter arising under the applied provisions or under a law of a State by reason only that it involves the application or interpretation of section 52 of the Constitution in relation to Commonwealth places.
 (6) Sections 72 to 76 (inclusive) of the Judiciary Act 1903‑1969 do not apply to or in relation to a trial in a court of a State for an offence against any part of the applied provisions.