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Jurisdiction of Courts Legislation Amendment Bill 2000

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1998-1999-2000

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

Jurisdiction of Courts Legislation Amendment Bill 2000

 

 

(Amendments to be moved on behalf of the Government)

 

(1)     Clause 2, page 2 (after line 4), at the end of the clause, add:

             (4)  Schedule 3 is taken to have commenced immediately after the commencement of the items in Schedule 4 to the Corporate Law Economic Reform Program Act 1999 .

[commencement of Schedule 3]

(2)     Clause 2, page 2, at the end of the clause (after proposed subclause (4)), add:

             (5)  Schedule 4 commences on a day to be fixed by Proclamation.

             (6)  If Schedule 4 does not commence under subsection (5) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

[commencement of Schedule 4]

(3)     Schedule 1, item 26, page 10 (before line 11), before paragraph (a), insert:

                    (aa)  an Act of a State, the Australian Capital Territory or the Northern Territory that applies, as a law of the State or Territory, the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 of the Commonwealth;

[Schedule 3, coverage of AGVET scheme]

(4)     Schedule 1, page 12 (after line 36), after item 27, insert:

Agricultural and Veterinary Chemicals Act 1994

27A  Section 4 (paragraph (b) of the definition of authority )

Omit “cour t,” .

[Amendment of AGVET Act]

(5)     Schedule 1, page 12, after proposed item 27A, insert:

27B  Subsection 20(4)

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

27C  Subsection 20(4)

Omit “that State”, substitute “the Northern Territory”.

[Amendment of AGVET Act]

(6)     Page 40 (after line 8), at the end of the Bill, add:

Schedule 3 Amendments relating to dealings in securities

   

Australian Securities and Investments Commission Act 1989

1  At the end of Division 2 of Part 2

Add:

Subdivision J Dealings in securities

12JA   Operation of this Subdivision

                   In applying this Subdivision, the other Subdivisions of this Division are to be disregarded.

12JB   Definitions

                   In this Subdivision, unless the contrary intention appears:

applied law means the securities provisions, as they have effect in accordance with this Subdivision.

constitutional corporation means any of the following:

                     (a)  a body corporate to which paragraph 51(xx) of the Constitution applies;

                     (b)  a body corporate that is incorporated in the Australian Capital Territory or the Northern Territory;

                     (c)  a body corporate that carries on, as its sole or principal business, the business of:

                              (i)  banking (other than State banking not extending beyond the limits of the State concerned); or

                             (ii)  insurance (other than State insurance not extending beyond the limits of the State concerned);

                     (d)  a body corporate that is a holding company of a body corporate covered by any of the above paragraphs.

securities provisions means the following provisions, so far as they relate to dealings in securities by a constitutional corporation:

                     (a)  sections 670A, 726, 727, 728 and 995 of the Corporations Law (the primary provisions );

                     (b)  the other provisions of the Corporations Law, the Corporations Regulations, the ASC Law or the ASC Regulations, so far as those provisions are incidental to the operation of the primary provisions;

                     (c)  the provisions of any Act (including this Act), or of a law of a State or Territory that corresponds to the Corporations Act 1989 , so far as those provisions are incidental to the operation of the primary provisions.

12JC   Application of securities provisions as Commonwealth law

             (1)  The securities provisions apply as a law of the Commonwealth by force of this section.

Note:          The Corporations Law consists of separate laws for the various Australian jurisdictions. Subsection (1) will therefore have the effect of applying the securities provisions with their separate operations in the various Australian jurisdictions.

             (2)  The application of the securities provisions in accordance with this Subdivision is in addition to the application that they have apart from this Subdivision.

             (3)  The securities provisions, as they have effect in accordance with this Subdivision, are referred to in this Subdivision as the applied law .

             (4)  A person is not liable to be prosecuted for an offence under the applied law.

12JD   Federal Court has jurisdiction under the applied law

             (1)  Jurisdiction is conferred on the Federal Court with respect to civil matters arising under the applied law.

             (2)  The jurisdiction conferred by subsection (1) is exclusive of the jurisdiction of any other court (other than the High Court).

             (3)  This section has effect despite anything to the contrary in the applied law.

12JE   Concurrent operation of securities provisions

             (1)  Subject to this section, this Subdivision is not intended to exclude the concurrent operation of the securities provisions.

             (2)  A person is not entitled to institute a proceeding under the applied law in respect of loss or damage arising out of a contravention of the applied law if:

                     (a)  the person has recovered in respect of the loss or damage in an action brought under the securities provisions; or

                     (b)  the person has brought proceedings under the securities provisions to recover in respect of the loss or damage, but judgment has been entered for the defendant in those proceedings.

             (3)  A person is not entitled to institute a proceeding under the securities provisions in respect of loss or damage arising out of a contravention of the securities provisions if:

                     (a)  the person has recovered in respect of the loss or damage in an action brought under the applied law; or

                     (b)  the person has brought proceedings under the applied law to recover in respect of the loss or damage, but judgment has been entered for the defendant in those proceedings.

2  After section 243C

Insert:

243CA   Recognition of things done under Commonwealth law relating to dealings in securities

                   Anything done under, or for the purposes of, the applied law referred to in Subdivision J of Division 2 of Part 2 of the ASC Act is taken, for the purposes of a national scheme law of this jurisdiction, to have been done under, or for the purposes of, the corresponding provision of the relevant national scheme law of this jurisdiction.

[addition of Schedule 3]

(7)     Page 40, at the end of the Bill (after proposed Schedule 3), add:

Schedule 4 Amendments relating to takeover bids

   

Corporations Act 1989

1  After section 59

Insert:

59A   Court proceedings before end of bid period for takeover bid etc.

             (1)  The object of this section is to ensure that section 659B of the Corporations Law has the same effect in relation to proceedings in courts exercising federal jurisdiction as that section has in relation to proceedings in other courts exercising jurisdiction under the Corporations Law.

             (2)  Section 659B of the Corporations Law applies as a law of the Commonwealth, by force of this section, as if a reference in the relevant definition to proceedings were a reference to the following proceedings before the Federal Court or before another court exercising federal jurisdiction:

                     (a)  proceedings under the Administrative Decisions (Judicial Review) Act 1977 ;

                     (b)  proceedings in which a writ of mandamus or prohibition or an injunction is sought against an officer or officers of the Commonwealth.

For the purposes of this subsection, relevant definition means the definition of court proceedings in relation to a takeover bid or proposed takeover bid in subsection 659B(4) of the Corporations Law.

             (3)  The application of section 659B of the Corporations Law in accordance with this section is in addition to the application that it has apart from this section.

             (4)  Nothing in this section is intended to affect the jurisdiction of the High Court under section 75 of the Constitution.

[addition of Schedule 4]

(8)     Page 40, at the end of the Bill (after proposed Schedule 4), add:

Schedule 5 Amendments relating to the appeal powers of the DPP and DPP staff

   

Director of Public Prosecutions Act 1983

1  Subsection 3(1)

Insert:

appeal includes:

                     (a)  a proceeding of the same nature as an appeal; and

                     (b)  a review or rehearing, or a proceeding of the same nature as a review or rehearing.

2  At the end of paragraphs 6(1)(a) to (k)

Add “and”.

3  After paragraph 6(1)(m)

Insert:

                  (ma)  if the Director is authorised by or under a law of a State to institute and carry on appeals arising out of prosecutions of offences against the laws of the State, being prosecutions by the Director as mentioned in paragraph (m) or by members of the staff of the Office as mentioned in subsection 17(1)—to institute and carry on such appeals in accordance with requirements of or under that law; and

4  Paragraph 6(1)(n)

Omit “(m)”, substitute “(ma)”.

5  Subsection 9(8A)

Repeal the subsection, substitute:

          (8A)  If:

                     (a)  proceedings for the summary conviction of a person in respect of an offence against a law of the Commonwealth were instituted by a person (the relevant person ) other than the Director; and

                     (b)  the Director subsequently carried on the proceedings;

then:

                     (c)  in addition to any other rights of appeal the Director has, the Director may exercise, in respect of the proceedings, such rights of appeal as (disregarding the effect of paragraph (d)) are exercisable by the relevant person; and

                     (d)  except where the Attorney-General is the relevant person—the relevant person cannot exercise those rights of appeal.

          (8B)  If:

                     (a)  proceedings for the summary conviction of a person in respect of an offence against a law of the Commonwealth were instituted by a person (the relevant person ) other than the Director; and

                     (b)  the proceedings were not carried on by the Director;

then:

                     (c)  if the relevant person institutes an appeal in respect of the proceedings, the Director may carry on that appeal on behalf of the relevant person; and

                     (d)  if the defendant in the proceedings institutes an appeal in respect of the proceedings, the Director may act on behalf of the respondent in the appeal.

6  At the end of section 17

Add:

             (2)  If a member of the staff of the Office is authorised by or under a law of a State to institute and carry on appeals arising out of prosecutions of offences against the laws of the State, being prosecutions by the Director as mentioned in paragraph 6(1)(m) or by members of the staff of the Office as mentioned in subsection (1) of this section, the first-mentioned staff member may institute and carry on such appeals in accordance with requirements of or under that law.

Note:       The heading to section 17 is replaced by the heading “ States may give members of staff of Office prosecution and appeal functions relating to State offences

7  Application of amendments

The amendments made by items 3, 5 and 6 apply in relation to prosecutions, and proceedings for summary conviction, whether instituted before, on or after the commencement of those items.

[addition of Schedule 5]