Document ID: chunk:federal_register_of_legislation:C2004A03029:body:0:p39
Version: federal_register_of_legislation:C2004A03029
Segment Type: other
Provision Reference: 
Character Range: 94797–97353

have effect in relation to the application;
     (b) the Federal Court may hear and determine the application as if the application had been duly made to the Federal Court under section 32; and
     (c) if a document has been placed in the custody of the Registrar of the Supreme Court for the purposes of the application—
         (i) the Registrar of the Supreme Court shall send the document to the Registrar of the Federal Court; and
         (ii) paragraph 32 (5) (c) or sub-section 32 (10), as the case requires, applies in relation to the application as if the reference in that paragraph or sub-section to the placing of the document in the custody of the Registrar of

SCHEDULE 1—continued
         the Federal Court were a reference to the placing of the document in the custody of the Registrar of the Supreme Court.
"(6) The Supreme Court of a State has jurisdiction with respect to matters arising under section 32 in respect of which an application has been duly made to that Court under that section as it has effect by virtue of sub-section (4) of this section.
"(7) The Federal Court has jurisdiction with respect to matters arising under section 32 in respect of which an application has been duly transferred to that Court under this section.
"(8) In this section, unless the contrary intention appears, 'document' includes any thing.".

After section 35—
Insert the following section:

Double jeopardy
"35a. Where an act or omission by a person is an offence against this Act and is also an offence against a law of a State, the person may be prosecuted and convicted under this Act or under that law of that State in respect of that act or omission, but nothing in this Act renders a person liable to be punished twice in respect of the same act or omission.".

Before section 56—
Insert the following section in Part IV:

Operation of State laws
"55a. (1) It is hereby declared to be the intention of the Parliament that the operation of a provision of a law of a State that—
     (a) confers a power or function, or imposes a duty, on the Authority or on a Judge of the Federal Court, being a power, function or duty that is also conferred or imposed by this Act; or
     (b) vests jurisdiction in the Federal Court in a matter in which jurisdiction is also vested in that Court by this Act,
is not prevented or limited by reason of the provisions made by this Act.
"(2) It is also declared to be the intention of the Parliament that, except as otherwise declared by the regulations, the Authority and the Judges of the Federal Court