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Thursday, 15 August 1974
Page: 1006

Senator MURPHY (New South WalesAttorneyGeneral) - Clause 168 deals with the jurisdiction of the court and we thought that it could be expressed in somewhat clearer terms. It is a technical way of conferring the jurisdiction that is intended under the legislation to be conferred on the Superior Court of Australia. The Superior Court of Australia Bill still has to be dealt with. We cannot be entirely certain of the fate of it. I thought it preferable to put beyond any question how the matter would flow; otherwise some ingenious lawyer might suggest that because the clause was predicated upon the Superior Court it cannot operate in respect of the Industrial Court at all, not merely until such time as the Superior Court is established. So it is a simple technical amendment to make that very clear. I move:

Leave out sub-clauses (1 ) and (2), substitute: 1 68.( 1 ) Jurisdiction expressed to be conferred on the Superior Court of Australia by this Act shall not be deemed to be so conferred before a court of that name is authorised under another Act to exercise jurisdiction.

(   2 ) If, at the commencing date, jurisdiction under this Act cannot be exercised by the Superior Court of Australia, then-

(a)   until jurisdiction can be so exercised, any action, prosecution or other proceeding under this Act may be instituted in the Australian Industrial Court as if references in this Act to the Superior Court of Australia were references to the Australian Industrial Court,'

There is no change in substance; it is merely a change in the expression of what is in the legislation already.

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