Document ID: chunk:federal_register_of_legislation:C2024C00859:section:69ga
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 69GA
Character Range: 396007–398609

69GA  Jurisdiction of prescribed courts etc.
 (1) This section applies if, for the purposes of this section, the regulations prescribe one or more courts (whether in relation to proceedings generally or specified classes of proceedings).

Application of Subdivision
 (2) If a court of a State or Territory is prescribed for the purposes of this section, this Subdivision applies in relation to the following proceedings of the court (the section 69GA proceedings) as if they were proceedings of a court of summary jurisdiction of the State or Territory:
 (a) if the regulations specify classes of proceedings for the court for the purposes of this section—those classes of proceedings;
 (b) otherwise—proceedings generally.

Jurisdiction of prescribed State courts
 (2A) Subject to subsection (2), a court of a State prescribed for the purposes of this section is invested with federal jurisdiction in relation to matters arising under this Part (other than section 60G) in respect of section 69GA proceedings.

Jurisdiction of prescribed Territory courts
 (2B) Subject to section 69K and subsection (2) of this section, jurisdiction is conferred on a court of a Territory prescribed for the purposes of this section in relation to matters arising under this Part (other than section 60G) in respect of section 69GA proceedings.

Applicable rules of court
 (3) The regulations may prescribe the Rules of Court, as in force from time to time, that are to apply in relation to section 69GA proceedings. Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, the rules of court prescribed may relate to a particular court or courts generally.
 (4) The Rules of Court made under section 123, as in force from time to time, apply in relation to section 69GA proceedings of a particular court if:
 (a) the regulations do not prescribe rules of court in relation to that court; or
 (b) both of the following apply:
 (i) the rules of court prescribed by the regulations in relation to that court do not deal with a matter arising in the proceedings;
 (ii) the Rules of Court made under section 123 deal with that matter.

Consultation with State and Territories
 (5) Before the Governor‑General makes regulations for the purposes of subsection (1) or (3) in relation to a particular court or courts in a State or Territory, the Minister must be satisfied that the Minister with responsibility for courts in that State or Territory has been consulted.
 (6) Subsection (5) does not limit section 17 of the Legislation Act 2003 (rule‑makers should consult before making legislative instrument).