Part 1 — Amendments

Federal Court of Australia Act 1976

1  Paragraph 24(1)(b)

After “Territory”, insert “(other than the Australian Capital Territory or the Northern Territory)”.

2  Paragraph 24(1)(c)

Omit “of a State, other than a Full Court of the Supreme Court of a State”, substitute “(other than a Full Court of the Supreme Court) of a State, the Australian Capital Territory or the Northern Territory”.

3  Subsections 24(1AA), (2), (2A), (3) and (4)

Repeal the subsections.

4  Subsection 24(5)

After “State” (wherever occurring), insert “or Territory”.

5  Subsection 24(6)

Repeal the subsection.

6  Section 30A

Repeal the section.

7  Subsection 32A(1)

After “conferred”, insert “on the Supreme Court of the Australian Capital Territory and”.

8  Paragraph 59(2)(ca)

Repeal the paragraph.

Judiciary Act 1903

9  Subsection 35AA(1)

Omit “the Northern Territory”, substitute “a Territory”.

Note:       The heading to section 35AA is altered by omitting “ the Northern Territory ” and substituting “ a Territory ”.

10  After subsection 35AA(2)

Insert:

          (2A)  An appeal may not be brought to the High Court from a judgment of the Supreme Court of the Australian Capital Territory given after the commencement of this subsection when that Court is known as the Court of Disputed Elections under subsection 252(1) of the Electoral Act 1992 of that Territory.

11  Subsection 35AA(3)

Omit “the Northern Territory”, substitute “a Territory”.

Part 2 — Application and transitional provisions

12  Definitions

In this Part:

ACT Supreme Court means the Supreme Court of the Australian Capital Territory.

Federal Court means the Federal Court of Australia.

13  Application of amendments

(1)       The amendment made by item 1 applies in relation to:

                     (a)  appeals instituted on or after the commencement of that item; and

                     (b)  appeals instituted before the commencement of that item but in respect of which the Federal Court has not begun a substantive hearing before that commencement; and

                     (c)  cases stated or questions reserved under section 26 of the Federal Court of Australia Act 1976 on or after the commencement of that item.

(2)       The amendment made by item 2 applies in relation to:

                     (a)  appeals from judgments of a court given on or after the commencement of that item; and

                     (b)  cases stated or questions reserved under section 26 of the Federal Court of Australia Act 1976 on or after the commencement of that item.

(3)       The amendment made by item 7 applies in relation to matters pending in the Federal Court on or after the commencement of that item.

14  Transfer of certain matters to the ACT Supreme Court

(1)       If an appeal was instituted in the Federal Court and the Federal Court had not begun the substantive hearing of the appeal before the day on which item 1 commences, then the appeal is transferred to the ACT Supreme Court on that day.

(2)       If a case was stated or a question was reserved for the consideration of the Federal Court under section 26 of the Federal Court of Australia Act 1976 and the Federal Court had not begun the substantive hearing of the case or question before the day on which item 1 commences, then the case or question is transferred to the ACT Supreme Court on that day.

(3)       If a question was submitted for determination of a Full Court of the Federal Court under section 30A of the Federal Court of Australia Act 1976 and the Federal Court had not begun the substantive hearing of the question before the day on which item 6 commences, then the question is transferred to the ACT Supreme Court on that day.

(4)       If an appeal, case or question is transferred to the ACT Supreme Court under this item, then:

                     (a)  all documents filed in the Federal Court in relation to the appeal, case or question are to be transferred to the ACT Supreme Court; and

                     (b)  any money lodged with the Federal Court in relation to the appeal, case or question is to be transferred to the ACT Supreme Court and is taken to be money lodged with the ACT Supreme Court in relation to the appeal, case or question; and

                     (c)  everything done in or in relation to the appeal, case or question in the Federal Court is taken to have been done in the ACT Supreme Court.

15  Regulations

(1)       The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Schedule to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Schedule.

(2)       In particular, regulations may be made for matters of a transitional or saving nature arising from the amendments made by this Schedule.