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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Acts Amendment (Federal Courts and Tribunals) Bill 2001 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Competition Policy Reform (Western Australia) Act 1996 amended 3. The Act amended 3 4. Part 5 Division 3 repealed 3 5. Section 29 amended 3 Part 3 -- Corporations (Western Australia) Act 1990 amended 6. The Act amended 4 7. Section 3 amended 4 8. Section 40 amended 4 9. Section 41 amended 5 10 . Section 42 amended 5 11 . Section 42A amended 6 12 . Section 42B amended 6 13 . Section 43 amended 7 14 . Section 44 amended 7 15 . Section 44A amended 8 16 . Section 44AA amended 9 17 . Section 45 amended 9 18 . Section 46 amended 10 19 . Section 50 amended 10 page i 32--1 Acts Amendment (Federal Courts and Tribunals) Bill 2001 Contents 20 . Section 52 repealed 10 21 . Section 52A amended 11 22 . Section 54 amended 11 Part 4 -- Federal Courts (State Jurisdiction) Act 1999 amended 23 . The Act amended 12 24 . Section 2 amended 12 25 . Part 2A inserted 12 26 . Part 4 Division 2 repealed 14 Part 5 -- Gas Pipelines Access (Western Australia) Act 1998 amended 27 . The Act amended 15 28 . Part 4 Divisions 2 and 3 repealed 15 29 . Section 24 amended 15 30 . Schedule 1 section 2 amended 15 31 . Schedule 1 section 32 amended 16 Part 6 -- Jurisdiction of Courts (Cross-vesting) Act 1987 amended 32 . The Act amended 17 33 . Section 4 amended 17 34 . Section 5 amended 17 35 . Section 6 amended 20 36 . Section 6A inserted 20 37 . Section 10 amended 23 38 . Section 11 amended 23 39 . Section 14 amended 23 Part 7 -- National Crime Authority (State Provisions) Act 1985 amended 40 . The Act amended 24 41 . Section 12 amended 24 42 . Section 15 repealed 24 43 . Section 20 amended 24 44 . Section 21 amended 24 45 . Section 22 repealed 26 page ii Acts Amendment (Federal Courts and Tribunals) Bill 2001 Contents Part 8 -- New Tax System Price Exploitation Code (Western Australia) Act 1999 amended 46 . New Tax System Price Exploitation Code (Western Australia) Act 1999 amended 27 Part 9 -- Amendments relating to the Administrative Review Tribunal 47 . Agricultural and Veterinary Chemicals (Western Australia) Act 1995 amended 28 48 . Biological Control Act 1986 amended 29 49 . Competition Policy Reform (Western Australia) Act 1996 amended 29 50 . Corporations (Western Australia) Act 1990 amended 30 51 . New Tax System Price Exploitation Code (Western Australia) Act 1999 amended 30 page iii Western Australia LEGISLATIVE ASSEMBLY Acts Amendment (Federal Courts and Tribunals) Bill 2001 A Bill for An Act to make amendments to a number of Acts relating to the jurisdiction of federal courts and the establishment of the Administrative Review Tribunal of the Commonwealth. The Parliament of Western Australia enacts as follows: page 1 Acts Amendment (Federal Courts and Tribunals) Bill 2001 Part 1 Preliminary s. 1 Part 1 -- Preliminary 1. Short title This Act may be cited as the Acts Amendment (Federal Courts and Tribunals) Act 2001. 5 2. Commencement (1) This Act, other than Parts 3 and 9, comes into operation on the day on which it receives the Royal Assent. (2) Sections 6 to 12 of Part 3 are deemed to have come into operation on 1 July 2000. 10 (3) Sections 13 to 22 of Part 3 do not come into operation unless this Act receives the Royal Assent before the Corporations Act 2001 of the Commonwealth comes into operation, in which case they come into operation on the day on which this Act receives the Royal Assent. 15 (4) Part 9 (other than section 50) comes into operation, or is deemed to have come into operation, at the same time that Parts 4 to 10 of the Administrative Review Tribunal Act 2001 of the Commonwealth come into operation. (5) Section 50 does not come into operation unless this Act receives 20 the Royal Assent, and Parts 4 to 10 of the Administrative Review Tribunal Act 2001 of the Commonwealth come into operation, before the Corporations Act 2001 of the Commonwealth comes into operation, in which case section 50 comes into operation, or is deemed to have come into operation, 25 at the same time that Parts 4 to 10 of the Administrative Review Tribunal Act 2001 of the Commonwealth come into operation. page 2 Acts Amendment (Federal Courts and Tribunals) Bill 2001 Competition Policy Reform (Western Australia) Act 1996 Part 2 amended s. 3 Part 2 -- Competition Policy Reform (Western Australia) Act 1996 amended 3. The Act amended The amendments in this Part are to the Competition Policy 5 Reform (Western Australia) Act 1996*. [* Act No. 52 of 1996. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 73.] 4. Part 5 Division 3 repealed 10 Part 5 Division 3 is repealed. 5. Section 29 amended Section 29 is amended in the definition of "Commonwealth administrative laws" by deleting subparagraph (a)(ii). page 3 Acts Amendment (Federal Courts and Tribunals) Bill 2001 Part 3 Corporations (Western Australia) Act 1990 amended s. 6 Part 3 -- Corporations (Western Australia) Act 1990 amended 6. The Act amended The amendments in this Part are to the Corporations (Western 5 Australia) Act 1990*. [* Act No. 105 of 1990. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 93, and Acts No. 26 of 1999 and No. 43 of 2000.] 10 7. Section 3 amended (1) Section 3(1) is amended in the definition of "Commonwealth administrative laws" by deleting paragraph (b). (2) Section 3(1) is amended by deleting the definition of "Family Court". 15 8. Section 40 amended Section 40(1) is amended as follows: (a) in paragraph (b), by deleting "Territory --" and inserting instead -- " Territory; and "; 20 (b) by inserting after paragraph (b) -- " (c) the jurisdiction of courts in respect of matters arising under the Administrative Decisions (Judicial Review) Act 1977 of the 25 Commonwealth involving or related to decisions made under the Corporations Law of a State or the Capital Territory by Commonwealth authorities and officers of the Commonwealth; and page 4 Acts Amendment (Federal Courts and Tribunals) Bill 2001 Corporations (Western Australia) Act 1990 amended Part 3 s. 9 (d) the jurisdiction of courts in civil matters in respect of decisions made by officers of the Commonwealth to prosecute persons for offences against the Corporations Law of a 5 State or the Capital Territory and related criminal justice process decisions, ". 9. Section 41 amended (1) Section 41(1) is amended as follows: 10 (a) by inserting in the appropriate alphabetical positions -- " "Commonwealth authority" means an authority or body (whether incorporated or not) that is established or continued in existence by or under 15 an Act of the Commonwealth; "officer of the Commonwealth" has the same meaning as in section 75(v) of the Constitution of the Commonwealth; "; 20 (b) by deleting the definition of "superior court" and inserting instead -- " "superior court" means the Supreme Court of a State or Territory or a State Family Court; 25 ". (2) Section 41(2)(a) is amended by deleting subparagraph (viii) and "and" after it. 10. Section 42 amended (1) Section 42(1) is amended by deleting "as it applies as a law of 30 Western Australia,". page 5 Acts Amendment (Federal Courts and Tribunals) Bill 2001 Part 3 Corporations (Western Australia) Act 1990 amended s. 11 (2) After section 42(1) the following subsections are inserted -- " (1a) With respect to matters involving or related to decisions made, or proposed to be made, under the 5 Corporations Law of a State or the Capital Territory by a Commonwealth authority or an officer of the Commonwealth, jurisdiction is conferred on the Supreme Court of Western Australia and of each other State and the Capital Territory in accordance with the 10 Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth as if that Act conferred jurisdiction in matters arising under it on those Supreme Courts. (1b) Subsection (1a) applies to a decision made, or proposed or required to be made -- 15 (a) whether or not in the exercise of a discretion; and (b) whether before or after the commencement of section 10(2) of the Acts Amendment (Federal Courts and Tribunals) Act 2001. 20 ". (3) Section 42(2) is amended by inserting after "subsection (1)" -- " or (1a) ". (4) Section 42(3) is repealed. 11. Section 42A amended 25 (1) Section 42A(1) is repealed. (2) Section 42A(2) is amended by deleting "as it applies as a law of Western Australia,". 12. Section 42B amended Section 42B(1) is amended by deleting "as it applies as a law of 30 Western Australia,". page 6 Acts Amendment (Federal Courts and Tribunals) Bill 2001 Corporations (Western Australia) Act 1990 amended Part 3 s. 13 13. Section 43 amended (1) Section 43(1) is amended by deleting "or to the Federal Court or (except in the case of an appeal from the Family Court of Western Australia) to the Family Court". 5 (2) Section 43(2) and section 43(3) are repealed. (3) Section 43(4) is amended by deleting "to the Federal Court, to the Family Court,". (4) Section 43(5) is amended by deleting "or to the Family Court". (5) Section 43(6) is amended by deleting "to the Federal Court,". 10 14. Section 44 amended (1) Section 44(1) is repealed and the following subsection is inserted instead -- " (1) This section applies to the following -- 15 (a) a proceeding with respect to a civil matter arising under the Corporations Law of Western Australia that is in a court having jurisdiction under section 42(1); (b) a proceeding with respect to a matter referred to 20 in section 42(1a) that is in a court having jurisdiction under that subsection or in the Federal Court. ". (2) Section 44(2) is amended by deleting "Where" and inserting 25 instead -- "Subject to subsections (3), (4) and (5), if ". (3) After section 44(2) the following subsections are inserted -- " (3) If a proceeding with respect to a matter referred to in 30 section 42(1a) is pending in the Supreme Court of page 7 Acts Amendment (Federal Courts and Tribunals) Bill 2001 Part 3 Corporations (Western Australia) Act 1990 amended s. 15 Western Australia, the court is required to transfer the proceeding to the Federal Court unless the matter for determination in it arises out of, or relates to, another proceeding pending in any court of Western 5 Australia -- (a) that arises, or a substantial part of which arises, under the Corporations Law of a State or the Capital Territory; and (b) that is not with respect to a matter referred to in 10 section 42(1a), regardless of which proceeding was commenced first. (4) Even if the Supreme Court of Western Australia is not required by subsection (3) to transfer a proceeding with respect to a matter referred to in section 42(1a) to the 15 Federal Court, it may nevertheless 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. (5) Nothing in this section confers on a court jurisdiction 20 that the court would not otherwise have. (6) The fact that some references in this section to the interests of justice include the desirability of related proceedings being heard in the same jurisdiction does not of itself mean that other references to the interests 25 of justice, in this section or elsewhere in this Act, do not include that matter. ". 15. Section 44A amended (1) Section 44A(1) is amended by deleting "a court" and inserting 30 instead -- " a State Family Court ". page 8 Acts Amendment (Federal Courts and Tribunals) Bill 2001 Corporations (Western Australia) Act 1990 amended Part 3 s. 16 (2) Section 44A(2) is amended as follows: (a) in paragraph (a), by deleting "in the Federal Court, or"; (b) in paragraph (b), by deleting "the Federal Court, or"; (c) in paragraph (c), by deleting "the Federal Court, or"; 5 (d) by deleting "to the Federal Court, or to that other court, as the case may be" and inserting instead -- " to that other court ". (3) Section 44A(3)(a) and section 44A(3)(b) are amended by deleting "another court" and inserting instead -- 10 " another State Family Court ". (4) After section 44A(4) the following subsection is inserted -- " (5) Nothing in this section confers on a court jurisdiction that the court would not otherwise have. 15 ". 16. Section 44AA amended After section 44AA(6) the following subsection is inserted -- " (6a) Nothing in this section confers on a court jurisdiction 20 that the court would not otherwise have. ". 17. Section 45 amended Section 45(3) is amended in the definition of "relevant jurisdiction" as follows: 25 (a) by deleting paragraphs (a) and (b) and "or" after each of them; page 9 Acts Amendment (Federal Courts and Tribunals) Bill 2001 Part 3 Corporations (Western Australia) Act 1990 amended s. 18 (b) after paragraph (d) by deleting the full stop and inserting -- " ; or 5 (e) jurisdiction conferred on a court of a State or the Capital Territory with respect to matters referred to in section 42(1a). ". 18. Section 46 amended 10 Section 46 is amended by inserting after "Western Australia" -- " , or in matters referred to in section 42(1a), ". 19. Section 50 amended (1) Section 50(1) is repealed and the following subsection is inserted instead -- 15 " (1) A judgment of a court of Western Australia that is entirely or partly given in the exercise of jurisdiction conferred by this Division, or by a law of another State or the Capital Territory that corresponds to this 20 Division, is enforceable in Western Australia as if the judgment had been given by that court entirely in the exercise of the jurisdiction of that court apart from this Division or any such law. ". 25 (2) Section 50(2) is amended by deleting "the Federal Court, the Family Court," in both places. 20. Section 52 repealed Section 52 is repealed. page 10 Acts Amendment (Federal Courts and Tribunals) Bill 2001 Corporations (Western Australia) Act 1990 amended Part 3 s. 21 21. Section 52A amended Section 52A(1) is repealed. 22. Section 54 amended Section 54(2)(a)(vii) is amended by deleting ", and rules of 5 court applied by the Federal Court because of a provision of this Act,". page 11 Acts Amendment (Federal Courts and Tribunals) Bill 2001 Part 4 Federal Courts (State Jurisdiction) Act 1999 amended s. 23 Part 4 -- Federal Courts (State Jurisdiction) Act 1999 amended 23. The Act amended The amendments in this Part are to the Federal Courts (State 5 Jurisdiction) Act 1999*. [* Act No. 32 of 1999.] 24. Section 2 amended (1) Section 2(1) is amended by deleting "Subject to subsection (2), this" and inserting instead -- 10 " This ". (2) Section 2(2) and section 2(3) are repealed. 25. Part 2A inserted After Part 2 the following Part is inserted -- " 15 Part 2A -- Jurisdiction of courts 12A. Jurisdiction not conferred on federal courts (1) Despite anything in any written law, a law of this State is not to be regarded as conferring jurisdiction on a federal court, either directly or indirectly. 20 (2) Without limiting the generality of subsection (1), a written law of this State that applies a law of the Commonwealth, does so except to the extent that the applied law confers jurisdiction on a federal court. (3) Nothing in subsections (1) and (2) is intended to affect 25 the exercise by a federal court of jurisdiction (such as accrued jurisdiction) that it has in connection with the law of this State or the applied law. page 12 Acts Amendment (Federal Courts and Tribunals) Bill 2001 Federal Courts (State Jurisdiction) Act 1999 amended Part 4 s. 25 (4) A reference in a provision of the applied law (as that provision applies as a law of this State) to a provision of that law that is not applied as a law of this State (the "unapplied provision"), is taken to be a reference to 5 the unapplied provision as it has effect as a law of the Commonwealth. (5) In this section -- "federal court" means the Federal Court of Australia, the Family Court of Australia or the Federal 10 Magistrates Court. 12B. Jurisdiction of State courts (1) An applied law that would exclude the jurisdiction of any or all State courts is to be regarded as being modified so as not to have that effect. 15 (2) Despite anything in any Act, the regulations may make provision for or with respect to enabling jurisdiction that would be conferred under an applied law (but for that provision not being applied to some extent) to be exercised by courts of this jurisdiction and, for that 20 purpose, may -- (a) provide that an applied law does not have effect, or has effect with the modifications specified in the regulations; (b) confer jurisdiction on courts of this jurisdiction; 25 and (c) provide for associated, procedural and consequential matters. (3) To the extent that, because of this Part, the laws of the Commonwealth do not apply to an offence against an 30 applied law, the offence is to be regarded as a crime under the laws of this jurisdiction, but it may be dealt page 13 Acts Amendment (Federal Courts and Tribunals) Bill 2001 Part 4 Federal Courts (State Jurisdiction) Act 1999 amended s. 26 with summarily if the prosecutor and the defendant both agree. ". 26. Part 4 Division 2 repealed 5 Part 4 Division 2 is repealed. page 14 Acts Amendment (Federal Courts and Tribunals) Bill 2001 Gas Pipelines Access (Western Australia) Act 1998 amended Part 5 s. 27 Part 5 -- Gas Pipelines Access (Western Australia) Act 1998 amended 27. The Act amended The amendments in this Part are to the Gas Pipelines Access 5 (Western Australia) Act 1998*. [* Reprinted as at 11 August 2000.] 28. Part 4 Divisions 2 and 3 repealed Part 4 Divisions 2 and 3 are repealed. 29. Section 24 amended 10 (1) Section 24(c) and section 24(f) are amended by deleting "by the Federal Court, or by the Supreme Court," and inserting instead -- " by the Supreme Court ". (2) After section 24(1) the following subsection is inserted -- 15 " (1a) Despite subsection (1), the Supreme Court does not have jurisdiction to make a declaration or order about the validity, or affecting the operation, of a decision of a relevant Minister, relevant Regulator or arbitrator in 20 relation to a cross-boundary distribution pipeline unless this State has been determined to be the scheme participant most closely connected to the pipeline. ". 30. Schedule 1 section 2 amended 25 Schedule 1 section 2 is amended by deleting the definition of "Federal Court". page 15 Acts Amendment (Federal Courts and Tribunals) Bill 2001 Part 5 Gas Pipelines Access (Western Australia) Act 1998 amended s. 31 31. Schedule 1 section 32 amended Schedule 1 section 32(4) is amended as follows: (a) in paragraph (b) by deleting "as applying as a law of this scheme participant." and inserting instead -- 5 " of the Commonwealth; or "; (b) by inserting after paragraph (b) -- " (c) to bring proceedings for judicial review of a decision under this Law of the local appeals body, 10 local Minister, local Regulator or an arbitrator appointed under Part 4. ". page 16 Acts Amendment (Federal Courts and Tribunals) Bill 2001 Jurisdiction of Courts (Cross-vesting) Act 1987 amended Part 6 s. 32 Part 6 -- Jurisdiction of Courts (Cross-vesting) Act 1987 amended 32. The Act amended The amendments in this Part are to the Jurisdiction of Courts 5 (Cross-vesting) Act 1987*. [* Act No. 68 of 1997.] 33. Section 4 amended (1) Section 4(1) and section 4(2) are repealed. (2) Section 4(5) is repealed and the following subsection is inserted 10 instead -- " (5) Subsection (3) or (4) does not -- (a) invest a Supreme Court with; or (b) confer on any such court, 15 jurisdiction with respect to criminal matters. ". 34. Section 5 amended (1) Section 5(1)(b) is deleted and the following paragraph is inserted instead -- 20 " (b) it appears to the Supreme Court that, having regard to -- (i) whether, in the opinion of the Supreme Court, apart from any law of the 25 Commonwealth or another State relating to cross-vesting of jurisdiction and apart from any accrued jurisdiction of the Federal Court or the Family Court, the page 17 Acts Amendment (Federal Courts and Tribunals) Bill 2001 Part 6 Jurisdiction of Courts (Cross-vesting) Act 1987 amended s. 34 relevant proceeding or a substantial part of the relevant proceeding would have been incapable of being instituted in the Supreme Court and capable of being 5 instituted in the Federal Court or the Family Court; (ii) the extent to which, in the opinion of the Supreme Court, the matters for determination in the relevant proceeding 10 are matters arising under or involving questions as to the application, interpretation or validity of a law of the Commonwealth and not within the jurisdiction of the Supreme Court apart 15 from this Act and any law of the Commonwealth or another State relating to cross-vesting of jurisdiction; and (iii) the interests of justice, it is more appropriate that the relevant 20 proceeding be determined by the Federal Court or the Family Court, as the case may be, ". (2) Section 5(5)(b) is amended by deleting subparagraph (ii) and "or" after it and inserting instead -- 25 " (ii) having regard to -- (A) whether, in the opinion of the first court, the relevant proceeding or a substantial part 30 of it would have been incapable of being instituted in that court, apart from any law of the Commonwealth or another page 18 Acts Amendment (Federal Courts and Tribunals) Bill 2001 Jurisdiction of Courts (Cross-vesting) Act 1987 amended Part 6 s. 34 State relating to cross-vesting of jurisdiction; (B) whether, in the opinion of the first court, the relevant 5 proceeding or a substantial part of it would have been capable of being instituted in the Supreme Court, apart from any law of the Commonwealth or 10 another State relating to cross-vesting of jurisdiction; (C) the extent to which, in the opinion of the first court, the matters for determination in the 15 relevant proceeding are matters arising under or involving questions as to the application, interpretation or validity of a law of the State and not within 20 the jurisdiction of the first court apart from any law of the Commonwealth or another State relating to cross-vesting of jurisdiction; and 25 (D) the interests of justice, it is more appropriate that the relevant proceeding be determined by the Supreme Court; or ". 30 (3) Section 5(6) is repealed. page 19 Acts Amendment (Federal Courts and Tribunals) Bill 2001 Part 6 Jurisdiction of Courts (Cross-vesting) Act 1987 amended s. 35 (4) After section 5(9) the following subsection is inserted -- " (10) Nothing in this section confers on a court jurisdiction that the court would not otherwise have. 5 ". 35. Section 6 amended (1) After section 6(1) the following subsection is inserted -- " (1a) However, the court is only required to transfer so much 10 of the proceeding as is, in the opinion of the court, within the jurisdiction (including the accrued jurisdiction) of the Federal Court, or the court mentioned in subsection (2)(b), as the case may be. ". 15 (2) Section 6(2) is amended by inserting before "is to be transferred" -- " or part of a proceeding ". 36. Section 6A inserted After section 6 the following section is inserted -- 20 " 6A. Special federal matters: Commonwealth authorities or officers acting under the laws of States (1) This section applies to a proceeding (in this section referred to as the "federal matter proceeding") if -- 25 (a) a matter for determination in the proceeding is covered by paragraph (c) or (e) of the definition of "special federal matter" in section 3(1) of the Jurisdiction of Courts (Cross-vesting) Act 1987 of the Commonwealth; page 20 Acts Amendment (Federal Courts and Tribunals) Bill 2001 Jurisdiction of Courts (Cross-vesting) Act 1987 amended Part 6 s. 36 (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 5 officer of the Commonwealth, by an enactment (in this subsection referred to as "the State enactment") referred to in paragraph (ca) or (cb) of the definition of "enactment" in section 3(1) of the Administrative Decisions 10 (Judicial Review) Act 1977 of the Commonwealth; and (c) the matter for determination in the proceeding arises out of, or relates to, another proceeding (in this section referred to as the "State matter 15 proceeding") pending in any court of this State -- (i) that arises, or a substantial part of which arises, under the State enactment or a corresponding enactment of another 20 State; and (ii) none of the matters for determination which are covered by paragraph (c) or (e) of the definition of "special federal matter" in section 3(1) of the 25 Jurisdiction of Courts (Cross-vesting) Act 1987 of the Commonwealth, regardless of which proceeding was commenced first. (2) If -- 30 (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 page 21 Acts Amendment (Federal Courts and Tribunals) Bill 2001 Part 6 Jurisdiction of Courts (Cross-vesting) Act 1987 amended s. 36 Federal Court or the Family Court considers it appropriate to transfer the proceeding to the Supreme Court, the Federal Court or the Family Court may transfer the 5 proceeding to the Supreme Court, and section 5(5) does not apply to the federal matter proceeding. (3) If -- (a) the federal matter proceeding is pending in the Supreme Court; and 10 (b) the State matter proceeding is pending in any court of this State, neither section 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, 15 but 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 20 that the court would not otherwise have. (5) The fact that references in this section to the interests of justice include the desirability of related proceedings being heard in the same jurisdiction does not of itself mean that references to the interests of justice 25 elsewhere in this Act do not include that matter. (6) In this section -- "Commonwealth authority" means an authority or other body (whether incorporated or not) that is established or continued in existence by or under 30 an Act of the Commonwealth; page 22 Acts Amendment (Federal Courts and Tribunals) Bill 2001 Jurisdiction of Courts (Cross-vesting) Act 1987 amended Part 6 s. 37 "officer of the Commonwealth" has the same meaning as in section 75(v) of the Constitution of the Commonwealth. ". 5 37. Section 10 amended Section 10(a) is amended by deleting "the Federal Court, the Family Court,". 38. Section 11 amended Section 11(2) is repealed. 10 39. Section 14 amended Section 14(1) is repealed. page 23 Acts Amendment (Federal Courts and Tribunals) Bill 2001 Part 7 National Crime Authority (State Provisions) Act 1985 amended s. 40 Part 7 -- National Crime Authority (State Provisions) Act 1985 amended 40. The Act amended The amendments in this Part are to the National Crime 5 Authority (State Provisions) Act 1985*. [* Act No. 4 of 1985.] 41. Section 12 amended Section 12(11) is repealed and the following subsection is inserted instead -- 10 " (11) A reference in this section to a Judge of a prescribed court shall be construed as a reference to a Judge of a court of the State. ". 15 42. Section 15 repealed Section 15 is repealed. 43. Section 20 amended (1) Section 20(1) is amended as follows: (a) by deleting "of the Federal Court or"; 20 (b) in paragraph (a) by deleting "section 15" and inserting instead -- " section 24 of the Commonwealth Act ". (2) Section 20(3) and section 20(4) are amended by deleting "of the Federal Court or". 25 44. Section 21 amended (1) Section 21(2) to section 21(5) are repealed. page 24 Acts Amendment (Federal Courts and Tribunals) Bill 2001 National Crime Authority (State Provisions) Act 1985 amended Part 7 s. 44 (2) Section 21(6)(b) is amended by deleting "subsection (2)" and inserting instead -- " section 32(2) of the Commonwealth Act (as it 5 has effect because of section 32B of that Act) ". (3) Section 21(7) to section 21(11) are repealed. (4) Section 21(12) is amended as follows: (a) in paragraph (a) by deleting "subsection (9)" and 10 inserting instead -- " section 32(8A) of the Commonwealth Act (as it has effect because of section 32B of that Act) "; 15 (b) in paragraph (b) by deleting "subsection (8)" and inserting instead -- " section 32(8) of the Commonwealth Act (as it has effect because of section 32B of that Act) 20 ". (5) Section 21(13) and section 21(14) are repealed. (6) Section 21(15) is amended by deleting the definition of "relevant day" and inserting instead -- " 25 "relevant day", in relation to a decision of the Authority under subsection (1), means the day on which the Authority gives to the person to whom the decision relates a prescribed notice relating to the decision. 30 ". page 25 Acts Amendment (Federal Courts and Tribunals) Bill 2001 Part 7 National Crime Authority (State Provisions) Act 1985 amended s. 45 (7) Section 21(16) and section 21(17) are repealed. [Note: The heading to section 21 will be altered to read "Refusing to produce documents or answer questions".] 45. Section 22 repealed 5 Section 22 is repealed. page 26 Acts Amendment (Federal Courts and Tribunals) Bill 2001 New Tax System Price Exploitation Code (Western Australia) Part 8 Act 1999 amended s. 46 Part 8 -- New Tax System Price Exploitation Code (Western Australia) Act 1999 amended 46. New Tax System Price Exploitation Code (Western Australia) Act 1999 amended 5 Section 26 of the New Tax System Price Exploitation Code (Western Australia) Act 1999* is amended in the definition of "Commonwealth administrative laws" by deleting paragraph (a)(ii). [* Act No. 51 of 1999.] page 27 Acts Amendment (Federal Courts and Tribunals) Bill 2001 Part 9 Amendments relating to the Administrative Review Tribunal s. 47 Part 9 -- Amendments relating to the Administrative Review Tribunal 47. Agricultural and Veterinary Chemicals (Western Australia) Act 1995 amended 5 (1) Section 3 of the Agricultural and Veterinary Chemicals (Western Australia) Act 1995* is amended in the definition of "Commonwealth administrative laws" by deleting subparagraph (a)(i) and inserting instead -- " 10 (i) the Administrative Review Tribunal Act 2001 of the Commonwealth and Parts 1, 3 and 5 to 8 of Schedule 2 of the Administrative Review Tribunal (Consequential and Transitional 15 Provisions) Act 2001 of the Commonwealth (to the extent to which those Parts are relevant); ". [* Act No. 3 of 1995. 20 For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 9.] (2) Section 16(2) is amended by deleting "the obligations of the NRA under section 28 of the Administrative Appeals Tribunal Act 1975" and inserting instead -- 25 " the obligation of the NRA to provide statements of reasons under the Administrative Review Tribunal Act 2001 ". 30 (3) Section 18A is repealed. page 28 Acts Amendment (Federal Courts and Tribunals) Bill 2001 Amendments relating to the Administrative Review Tribunal Part 9 s. 48 48. Biological Control Act 1986 amended Section 54(2) of the Biological Control Act 1986* is amended by deleting "Administrative Appeals Tribunal Act 1975" and inserting instead -- 5 " Administrative Review Tribunal Act 2001 ". [* Act No. 106 of 1986. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 39.] 49. Competition Policy Reform (Western Australia) Act 1996 10 amended Section 29 of the Competition Policy Reform (Western Australia) Act 1996* is amended in the definition of "Commonwealth administrative laws" by deleting subparagraph (a)(i) and inserting instead -- 15 " (i) the Administrative Review Tribunal Act 2001 of the Commonwealth and Parts 1, 3 and 5 to 8 of Schedule 2 of the Administrative Review Tribunal 20 (Consequential and Transitional Provisions) Act 2001 of the Commonwealth (to the extent to which those Parts are relevant); ". 25 [* Act No. 52 of 1996. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 73.] page 29 Acts Amendment (Federal Courts and Tribunals) Bill 2001 Part 9 Amendments relating to the Administrative Review Tribunal s. 50 50. Corporations (Western Australia) Act 1990 amended Section 3(1) of the Corporations (Western Australia) Act 1990* is amended in the definition of "Commonwealth administrative laws" by deleting paragraph (a) and inserting instead -- 5 " (a) the Administrative Review Tribunal Act 2001 of the Commonwealth and Parts 1, 3 and 5 to 8 of Schedule 2 of the Administrative Review Tribunal (Consequential and Transitional 10 Provisions) Act 2001 of the Commonwealth (to the extent to which those Parts are relevant); ". [* Act No. 105 of 1990. For subsequent amendments see 2000 Index to Legislation of 15 Western Australia, Table 1, p. 93, and Acts No. 26 of 1999 and No. 43 of 2000.] 51. New Tax System Price Exploitation Code (Western Australia) Act 1999 amended Section 26 of the New Tax System Price Exploitation Code 20 (Western Australia) Act 1999* is amended in the definition of "Commonwealth administrative laws" by deleting subparagraph (a)(i) and inserting instead -- " (i) the Administrative Review Tribunal 25 Act 2001 of the Commonwealth and Parts 1, 3 and 5 to 8 of Schedule 2 of the Administrative Review Tribunal (Consequential and Transitional Provisions) Act 2001 of the 30 Commonwealth (to the extent to which those Parts are relevant); ". [* Act No. 51 of 1999.]
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