Document ID: chunk:federal_register_of_legislation:C2005C00504:clause:3_6a:p1
Version: federal_register_of_legislation:C2005C00504
Segment Type: clause
Provision Reference: sch 3 cl 6A (pt 1/2)
Character Range: 31421–34214

6A  Special federal matters: Commonwealth authorities or officers acting under the laws of States

 (1) This section applies to a proceeding (the federal matter proceeding) if:
 (a) a matter for determination in the proceeding is covered by paragraph (c) or (e) of the definition of special federal matter in subsection 3(1); and
 (b) the matter for determination in the proceeding involves or relates to the exercise, or purported or proposed exercise, of functions or powers conferred on a Commonwealth authority, or officer of the Commonwealth, by an enactment (the State enactment) referred to in paragraph (ca) or (cb) of the definition of enactment in subsection 3(1) of the Administrative Decisions (Judicial Review) Act 1977; and
 (c) the matter for determination in the proceeding arises out of, or relates to, another proceeding (the State matter proceeding) pending in any court of any State:
 (i) that arises, or a substantial part of which arises, under the State enactment or a corresponding enactment of another State; and
 (ii) none of the matters for determination in which are covered by paragraph (c) or (e) of the definition of special federal matter in subsection 3(1);
  regardless of which proceeding was commenced first.

Note: Paragraph (c) of the definition of special federal matter in subsection 3(1) refers to matters arising under the Administrative Decisions (Judicial Review) Act 1977, and paragraph (e) of that definition refers to matters that are within the original jurisdiction of the Federal Court by virtue of section 39B of the Judiciary Act 1903.

 (2) If:
 (a) the federal matter proceeding is pending in the Federal Court or the Family Court; and
 (b) having regard to the interests of justice, including the desirability of related proceedings being heard in the same jurisdiction, the Federal Court or the Family Court considers it appropriate to transfer the proceeding to the Supreme Court of the State in which the State matter proceeding is pending;
the Federal Court or the Family Court may transfer the proceeding to that Supreme Court. Subsection 5(4) does not apply to the federal matter proceeding.

 (3) If:
 (a) the federal matter proceeding is pending in the Supreme Court of a State; and
 (b) the State matter proceeding is pending in any court of that State;
neither subsection 5(1) nor section 6 applies to require the Supreme Court to transfer the federal matter proceeding to the Federal Court or the Family Court. However, the Supreme Court may do so if it considers that to be appropriate, having regard to the interests of justice, including the desirability of related proceedings being heard in the same jurisdiction.

 (4) Nothing in this section confers on a court jurisdiction that the court would not otherwise have.

 (5)