Australian Capital Territory
Jurisdiction of Courts Legislation Amendment Act 2001
No 71 of 2001
Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Acts amended	2
Schedule 1	Acts amended	3
Part 1	Competition Policy Reform Act 1996	3
Part 2	Gas Pipelines Access Act 1998	6
Part 3	Jurisdiction of Courts (Cross-vesting) Act 1993	9
Part 4	National Crime Authority (Territory Provisions) Act 1991	13

Australian Capital Territory
Jurisdiction of Courts Legislation Amendment Act 2001
No 71 of 2001

An Act to amend the law relating to the jurisdiction of courts and for other purposes

    
    
Notified under the Legislation Act 2001 on 14 September 2001
(see www.legislation.act.gov.au)
The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Jurisdiction of Courts Legislation Amendment Act 2001.
2	Commencement
This Act commences on the day it is notified in the Gazette.
3	Acts amended
This Act amends the Acts mentioned in Schedule 1.

Schedule 1	Acts amended
(see s 3)
Part 1	Competition Policy Reform Act 1996
[1.1]	Sections 1 and 2
substitute
1	Name of Act
This Act is the Competition Policy Reform Act 1996.
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or in other legislation.
	For example, the signpost definition ‘officer, for the Commonwealth—see the Trade Practices Act, section 150A.’ means that the expression ‘officer’ is defined in that section and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Interpretation Act 1967, s 11F and s 11G).
[1.2]	Section 3 (1), definitions of modifications and officer
omit
[1.3]	Section 3 (1)
relocate the remaining definitions to the dictionary
[1.4]	Section 3
omit the remainder, substitute
3	Words and expressions defined in Trade Practices Act
A word or expression defined in the Trade Practices Act has the same meaning in this Act.
[1.5]	Section 29, definition of Commonwealth administrative laws, paragraph (a) (i) to (v)
substitute
	(i)	the Administrative Appeals Tribunal Act 1975 (Cwlth), other than part IVA (Appeals and references of questions of law to the Federal Court of Australia);
	(ii)	the Freedom of Information Act 1982 (Cwlth);
	(iii)	the Ombudsman Act 1976 (Cwlth);
	(iv)	the Privacy Act 1988 (Cwlth); and
[1.6]	New section 33A
insert
33A	Construction of references to Part IVA of Administrative Appeals Tribunal Act (Cwlth)
For sections 30 and 31, a reference in a provision of the Administrative Appeals Tribunal Act 1975 (Cwlth) (as that provision applies as a law of this jurisdiction) to part IVA (Appeals and references of questions of law to the Federal Court of Australia) of that Act, or any provision of that part, is a reference to the part or provision of that part as it has effect as a law of the Commonwealth.
[1.7]	Sections 42 to 45
omit

[1.8]	New dictionary
insert
Dictionary
(See s 2)
officer, of the Commonwealth—see the Trade Practices Act, section 150A.

Part 2	Gas Pipelines Access Act 1998
[1.9]	Sections 1 and 2
substitute
1	Name of Act
This Act is the Gas Pipelines Access Act 1998.
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 	The dictionary at the end of this Act defines certain words and expressions used in this Act.
Note 2	A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Interpretation Act 1967, s 11F and s 11G).
[1.10]	Section 3 (1)
relocate the definitions to the dictionary
[1.11]	Section 3
omit the remainder, substitute
3	Words and expressions used in Gas Pipelines Access (A.C.T.) Law
A word or expression used in the Gas Pipelines Access (A.C.T.) Law has the same meaning in this Act.
[1.12]	Section 15
substitute
15	Jurisdiction of Federal Court
Jurisdiction is conferred on the Federal Court with respect to civil and criminal matters arising under the Gas Pipelines Access (A.C.T.) Law.
[1.13]	Part 3, division 3
omit
[1.14]	Section 20 (1) (c)
omit
by the Federal Court, or
[1.15]	Section 20 (1) (e)
insert at the end
or
[1.16]	Section 20 (1) (f)
omit
[1.17]	Section 20 (1) (g)
renumber as section 20 (1) (f)
[1.18]	Section 20 (2) and (3)
renumber as section 20 (3) and (4)
[1.19]	New section 20 (2)
insert
	(2)	However, 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 relation to a cross-boundary pipeline that is a distribution pipeline unless the Territory has been determined to be the scheme participant most closely connected to the pipeline.
[1.20]	New dictionary
insert
Dictionary
(See s 2)

Part 3	Jurisdiction of Courts (Cross-vesting) Act 1993
[1.21]	Sections 1 and 2
substitute
1	Name of Act
This Act is the Jurisdiction of Courts (Cross-vesting) Act 1993.
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act or in other legislation.
	For example, the signpost definition ‘special federal matter—see the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cwlth), section 3 (1).’ means that the expression ‘special federal matter’ is defined in that subsection and the definition applies to this Act.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Interpretation Act 1967, s 11F and s 11G).
[1.22]	Section 3 (1), definition of special federal matter
omit
[1.23]	Section 3 (1)
relocate the remaining definitions to the dictionary
[1.24]	Section 3
omit
[1.25]	New section 3
insert
3	Reference to Supreme Court of State
A reference in this Act, other than a reference in section 4 (3), to the Supreme Court of a State includes, if there is a State Family Court of that State, a reference to that State Family Court.
[1.26]	Section 6, heading
	substitute
6	Special federal matters—general rules
[1.27]	New section 6A
insert
6A	Special federal matters—Commonwealth authorities or officers acting under Territory laws
	(1)	This section applies to a proceeding (the federal matter proceeding) if—
	(a)	a matter for determination in the proceeding is covered by the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cwlth), section 3 (1), definition of special federal matter, paragraph (c) or (e); and
Note 	Paragraph (c) of that definition is about matters arising under the Administrative Decisions (Judicial Review) Act 1977 (Cwlth), and paragraph (e) of that definition is about matters that are within the original jurisdiction of the Federal Court under the Judiciary Act 1903 (Cwlth), s 39B.
	(b)	the matter for determination in the proceeding involves or relates to the exercise, or purported or proposed exercise, of functions or powers given to a Commonwealth authority, or officer of the Commonwealth, by an enactment (the ACT enactment) mentioned in the Administrative Decisions (Judicial Review) Act 1977 (Cwlth), section 3 (1), definition of enactment, paragraph (ca) or (cb); and
	(c)	the matter for determination in the proceeding arises out of, or relates to, another proceeding (the ACT matter proceeding) pending in any ACT court, if the ACT matter proceeding—
	(i)	arises, or a substantial part of it arises, under the ACT enactment or a corresponding enactment of another State; and
	(ii)	does not involve a matter for determination covered by the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cwlth), section 3 (1), definition of special federal matter, paragraph (c) or (e);
regardless of which proceeding was begun first.
	(2)	If—
	(a)	the federal matter proceeding is pending in the Federal Court or 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 Family Court considers it appropriate to transfer the proceeding to the Supreme Court;
the Federal Court or Family Court may transfer the proceeding to the Supreme Court.
	(3)	Section 5 (4) does not apply to a federal matter proceeding mentioned in subsection (2).
	(4)	If—
	(a)	the federal matter proceeding is pending in the Supreme Court; and
	(b)	the ACT matter proceeding is pending in any ACT court;
section 5 (1) and section 6 do not require the Supreme Court to transfer the federal matter proceeding to the Federal Court or Family Court. 
	(5)	However, the Supreme Court may transfer the federal matter proceeding mentioned in subsection (4) if it considers it appropriate, having regard to the interests of justice, including the desirability of related proceedings being heard in the same jurisdiction.
	(6)	This section does not give a court jurisdiction that it would not otherwise have.
	(7)	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 elsewhere in this Act do not include that matter.
	(8)	In this section:
Commonwealth authority means an authority or other body (whether incorporated or not) that is established under a Commonwealth Act.
officer of the Commonwealth—see the Commonwealth Constitution, section 75 (v).
[1.28]	New dictionary
insert
Dictionary
(See s 2)
special federal matter—see the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cwlth), section 3 (1).

Part 4	National Crime Authority (Territory Provisions) Act 1991
[1.29]	Section 1
substitute
1	Name of Act
This Act is the National Crime Authority (Territory Provisions) Act 1991.
[1.30]	Section 3 (1), definition of special investigation
omit
[1.31]	Section 3 (1)
relocate the remaining definitions to the dictionary
[1.32]	Section 3
omit the remainder, substitute
3	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act.
Note 2	A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Interpretation Act 1967, s 11F and s 11G).
[1.33]	New sections 4 and 4A
insert
4	Words and expressions used in Commonwealth Act
A word or expression used in the Commonwealth Act has the same meaning in this Act.
4A	Meaning of relevant offence
	(1)	An offence that is not a relevant offence as defined in the Commonwealth Act, section 4 (1) is taken to be a relevant offence for this Act if the authority suspects that the offence may be connected with activity involving the commission of a relevant offence (whether or not the authority has identified the nature of the relevant offence).
	(2)	An offence mentioned in subsection (1) is taken to be a relevant offence only for as long as the authority holds the suspicion.
[1.34]	Section 6, heading
omit
	Performance
substitute
	Exercise
[1.35]	Section 6 (3)
omit 
performing
substitute
exercising
[1.36]	Section 6 (4) and (5)
omit
performance
substitute
exercise
[1.37]	Section 6 (7)
omit 
performing
substitute
exercising
[1.38]	Section 6 (7)
omit
performance
substitute
exercise
[1.39]	Section (7) (b)
omit
performed or
[1.40]	Section (7) (b)
omit
performance or
[1.41]	Section 7
omit
shall perform the function
substitute
must exercise the function
[1.42]	Section 7
omit
performance or
[1.43]	Section 7
omit
performance of the function or exercise of the power
substitute
exercise of the function or power
[1.44]	Section 9 (1) and (2)
omit
performing
substitute
exercising
[1.45]	Section 10
omit
[1.46]	Section 15 (19)
substitute
	(19)	A person must not be present at a hearing in contravention of subsection (12).
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(20)	A person must not make a publication in contravention of a direction given under subsection (14).
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
[1.47]	Section 17 (3)
substitute
	(3)	A person must not, without reasonable excuse, fail to comply with a notice served under this section on the person.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
[1.48]	Section 17 (4)
omit
, inclusive,
[1.49]	Section 17B (1) and (3), penalty
substitute
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
[1.50]	Section 18 (2) (a), (b) and (c), (4) (a) and (b), (5) (a) and (b), (7) (a) and (b), (9) (a) and (b) and (11) (a) and (b)
omit
refuse or
[1.51]	Section 18 (13)
substitute
	(13)	A person who contravenes subsection (1), (2) or (3) commits an offence.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
[1.52]	Section 20
substitute
20	Claim of entitlement to refuse to answer question or produce document
	(1)	If a person claims—
	(a)	to be entitled to refuse to answer a question put to the person, or to produce a document that the person was required to produce, at a hearing before the authority; or
	(b)	to be entitled to refuse to produce a document that the person is required to produce by a notice under section 17;
the authority must decide, as soon as practicable, whether in its opinion the claim is justified and tell the person of its decision.
Note 	See the Commonwealth Act, s 32 (as modified by s 32B) and s 32A (as modified by s 32C), which provide for applications to the Federal Court in relation to requirements to answer questions and produce documents.
	(2)	A prosecution for an offence against section 17 (3) or 18 (13) must not be begun for a failure by a person to answer a question until—
	(a)	if the person has claimed to be entitled to refuse to answer the question, and the authority decides under subsection (1) that, in its opinion, the claim is not justified—the end of 5 days (excluding days when the registry of the Federal Court is closed) immediately after the relevant day for the decision; or
	(b)	if the person has made an application under the Commonwealth Act, section 32 (2) (as it has effect because of section 32B of that Act) to the Federal Court for an order of review for a decision by the authority that, in its opinion, a claim by the person to be entitled to refuse to answer the question is not justified—the application, and any appeal from an order made by the Federal Court on the application, have been decided or otherwise disposed of.
	(3)	A prosecution for an offence against section 17 (3) or 18 (13) must not be begun for a failure by a person to produce a document until—
	(a)	if the person has claimed to be entitled to refuse to produce the document, and the authority decides under subsection (1) that, in its opinion, the claim is not justified—the end of 5 days (excluding days when the registry of the Federal Court is closed) immediately after the relevant day for the decision; or
	(b)	if the person has made an application under the Commonwealth Act, section 32 (2) (as it has effect because of section 32B of that Act) to the Federal Court for an order of review for a decision by the authority that, in its opinion, a claim by the person to be entitled to refuse to produce the document is not justified—the application and any appeal from an order made by the Federal Court on the application, have been decided or otherwise disposed of; or
	(c)	if the person has given the authority a notice about the document in accordance with the Commonwealth Act, section 32 (8A) (as it has effect because of section 32B of that Act)—the end of 5 days (excluding days when the registry of the Federal Court is closed) immediately after the relevant day for the notice; or
	(d)	if the person has made an application about the document under the Commonwealth Act, section 32 (8) (as it has effect because of section 32B of that Act)—the application, and any appeal from an order made by the Federal Court on the application, have been decided or otherwise disposed of.
	(4)	In this section:
document includes a thing.
prescribed notice means a notice stating as mentioned in the Commonwealth Act, section 32A (2) (c) (as it has effect because of section 32C of that Act).
relevant day means—
	(a)	for a decision of the authority under subsection (1)—the day when the authority gives to the person to whom the decision relates a prescribed notice about the decision; and
	(b)	for a notice given by a person under the Commonwealth Act, section 32 (8A) (as it has effect because of section 32B of that Act)—the day when the authority gives to the person a prescribed notice about the notice given by the person.
[1.53]	Section 21
omit
[1.54]	Section 22, penalty
substitute
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
[1.55]	Section 24
substitute
24	Contempt of authority
	(1)	A person must not obstruct or hinder the authority or a member in the exercise of the special functions of the authority.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
	(2)	A person must not disrupt a hearing before the authority.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
[1.56]	Section 28 (1)
omit
performance of functions, or the exercise of powers
substitute
exercise of functions or powers
[1.57]	Section 29 (2)
substitute
	(2)	A person to whom this section applies must not, except for a relevant Act—
	(a)	make a record of information; or
	(b)	divulge or communicate information to anyone;
if the information was acquired by the person in the exercise of the person’s duties under this Act.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
[1.58]	Section 29 (3)
omit
performance
substitute
exercise
[1.59]	Section 29 (4), definition of member of the staff of the Authority
omit
performs
substitute
exercises
[1.60]	Section 29 (4), definition of member of the staff of the Authority
omit
performance
substitute
exercise
[1.61]	Section 29 (4), definition of produce
substitute
produce includes permit access to.
[1.62]	New dictionary
insert
Dictionary
(See s 2)
special investigation means an investigation that the authority is conducting in the exercise of its special functions.

Endnote
Penalty units
	The Interpretation Act 1967, s 33AA deals with the meaning of offence penalties that are expressed in penalty units.

[Presentation speech made in Assembly on 8 March 2001]

I certify that the above is a true copy of the Jurisdiction of Courts Legislation Amendment Bill 2001 which was passed by the Legislative Assembly on 21 August 2001.

M J McRae
Clerk of the Legislative Assembly

© Australian Capital Territory 2001