ORGANISATION MONDIALE 
DU COMMERCE 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce I:P~/l/AlJS/1/5 
4 octobre 1996 
(96-4025) 
Original: anglais 
PRINCIP ALES LOIS ET REGLEMENTA TI ONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Australie 
Le présent document contient le texte1 des lois et réglementations ci-après, notifiées par 
l'Australie au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/AUS/l/Rev.1): 
Loi de 1984 sur la protection du logo "Advance Australia" 2 
Loi (n • 1) de 1986 sur la législation (dispositions diverses) 11 
Loi de 1987 sur la compétence des tribunaux (modifications diverses) 13 
1Anglais seulement. IP/N/1/AUS/I/5 
Page 2 
~ AUSTRALIA Ji: 
~~, '''' .o-4·• / / ~ (!11d-.-// // :;:;.~:-:: '" ' ....... 
Advance Australia Logo Protection Act 
1984 
No. 20 of 1984 
An Act to make provision for the protection of the Advance 
Australia logo, and for related purposes 
[Assented to 26 April 1984] 
BE IT ENACTED by the Queen, and the Senate and the House of 
Representatives of the Commonwealth of Australia, as follows: 
Short title 
1. This Act may be cited as the Advance Australia Logo Protection Act 
1984. 
Commencement 
2. ( 1) Sections 1, 2 and 3 and Schedule 1 shall corne into operation on the 
day on which this Act receives the Royal Assent. 
(2) The remaining provisions ·of this· Act shall came into operation on a day 
to be fixed by Proclamation, being a day not earlier than the day on which the 
Company delivers to the Governor-General an instrument in writing under its 
common seal in the form set out in· Schedufe 1, but upon those provisions so 
coming into operation, those provisions- and section 3 shall be deemed to have 
had effeèt on and from 13 October 1983. IP/N/1/ AUS/I/5 
Page 3 
Advance A ustralia Logo Protection No. 20, 1984 
Interpretation 
3. ( 1) In this Act, unless the contrary intention appears-
.. Australia", when used in a geographical sense, includes the extemal 
Terri tories; 
"Company" means Advance Australia, being a company incorporated on 
29 June 1981 under the law in force in the Australian Capital 
Territory; 
'"charge" means a charge created in any way and includes a mortgage and 
an agreement to give or execute a charge or mortgage, whether upon 
demand or otherwise; 
'"logo" means the logo an outline of which is set out in Schedule 2; 
.. monopoly", in relation to the design of the logo, means the exclusive right 
to apply the design to any article to which the design is capable of being 
applied; 
"'owner", in relation to the design of the logo, means the persan who, under 
this Act, or by virtue of a disposition not in contravention of this Act, is 
the owner of the design of the logo; 
"'prescribed period" means the period of 16 years that commenced on 13 
October 1983. 
(2) Where, by virtue of regulations in force for the purposes of sub-section 
17 (2) of the Designs Act 1906, a design is not capable of being registered under 
that Act for an article specified in those regulations, a reference in this Act to an 
article does not include a reference to an article so specified. 
(3) A reference in this Act to the design of the logo is a reference ta the 
design that, when applied to an article, results in a reproduction of the·logo. 
( 4) U nless the contrary intention appears, an expression used in thi~ Act 
and the Designs Act 1906 has the same meaning in this Act as in the Designs 
Act 1906. 
Act to bind Crown 
4. Subject to Part VII of the Copyright Act 1968, this Act binds the Crown 
in right of the Commonwealth, of each of the States, of the Northern Territory 
and of Norfolk Island. 
Extension of Act to external Territories 
5. This Act extends to the external Territories. 
Ownership, &c., of copyright in the logo 
6. For the purposes of the Copyright Act 1968-
(a) the logo shall be taken to be, and to have been from the timc; whert it 
was created, an original artistic work; 
(b) the Commonwealth shall be taken to have been the owner of the 
copyright in the logo from the time it was-created until and including 
28 June 1981; and IP/N/1/ AUS/I/5 
Page4 
Advance Australia Logo Protection No. 20. 1984 
( c) subject to section l 0, the Company shall be taken to be, and to have 
been, on and from 29 June 1981, the owner of the copyright in the logo. 
Ownership of design of the logo 
7. Subject to section 10, the Company shall be taken to be, and to have 
been, with eff ect from 13 October 1983, the owner of the design of the logo. 
Monopoly of design in the logo, &c. 
8. ( 1) The owner of the design of the logo has, and shall be taken at all 
material times to have had, a monopoly in that design. 
(2) The rights of an owner with respect to the design of the logo are 
personal property and, subject to this Act, the laws applicable to ownership of 
personal property apply in relation to the monopoly in the design of the logo as 
they apply in relation to other choses in action. 
Certain purported dispositions or charges relating to copyright in, or design 
of, the logo to be void 
9. ( 1) A disposition, by assignment, declaration of trust or by any other 
means, purporting to be made by the Company of the whole or any part of its 
interest in the copyright in the logo or of its interest in the design of the logo to a 
persan other than the Commonwealth is void. 
(2) A charge purporting to be given by the Company with respect to an 
asset of the Company that consists of, or includes, the whole or any part of its 
interest in the copyright in the logo or the whole or any part of its interest in the 
design of the logo is void. 
Ownership of copyright in, and design of, the logo to vest in Commonwealth in 
certain circumstances 
10. (I) If-
(a) the Company passes a reso!ution for its winding up; 
(b) an order is made for the winding up of the Company; or 
( c) the Minister, by notice published in the Gazette, declares that he is 
satisfied that it is no longer in the public interest for the Company to 
own any interest in the copyright in the logo or any interest in the 
design of the logo by reason that-
( i) the Company has refused or failed to comply with a direction 
un der section 17; 
(ii) the Company has donc, or is doing, an act or thing that the 
Company was or is without the capacity or power to do; or 
(iii) there has been a· change in the abjects, powers, constitution, 
management, membership, beneficial ownership or control of 
the Company, 
then, by force of this sub-section-
( d) the interest of the Company in-
(i) the copyright in the logo; and Advance Australia Logo Protection No. 20, 1984 
(ii) the design of the logo, 
is assigned ta the Commonwealth; and IP/N/l/AUS/1/5 
Page 5 
( e) the interest, rights and benefits of the Company under any licence 
granted by the Company in respect of the copyright in, and the design 
of, the logo are assigned to the Commonwealth. 
(2) Where, whether by force of sub-section ( 1) or otherwise, the 
Commonwealth acquires an interest in the copyright in the logo or an interest 
in the design of the logo, a purported assignment by the Commonwealth of the 
whole or any part of that interest to a persan (in this section referred to as the 
Hassignee ") is void unless-
( a) the assignee is an incorporated company; and 
(b) the assignee agrees that, as a .condition of the assignment, it is not 
entitled to compensation from the Commonwealth by reason of the 
operation of any provision of this Act. 
(3) Where the Commonwealth assigns the whole or any part of its interest 
in the copyright in, or the design of, the logo to a company, section 9, 
sub-section ( 1) of this section and sections 17 and 18 have eff ect as if a 
~eference in th ose provisions ta the Company were a ref erence to the assignee. 
( 4) A persan is not entitled to compensation from the Commonwealth by 
reason of the operation of sub-section ( 1) or (3). 
Infringement of monopoly in the design of the logo 
11. ( 1) A persan shall be deemed to infringe the monopoly in the design of 
the logo if, during the prescribed period, the persan-
( a) without the licence of the owner of the design, applies the design or 
any fraudulent or obvious imitation of it to any article; 
(b) without the licence of the owner of the design, sells, or off ers or keeps 
for sale, or hires, or off ers or keeps for hire, any article to which the 
design or any fraudulent or obvious imitation of it has been applied in 
infringement of the monopoly in _the design; 
( c) imports into Australia for sale, or for use for the purposes of any trade 
or business, any article in respect of which the design or any fraudulent 
or obvious imitation of it has been applied outside Australia; or 
( d) sells, or off ers or keeps for sale, or hires, or off ers or keeps for hire, any 
article that has been imported into Australia and to which the design or 
any fraudulent or obvious imitation of it has been applied, whether in 
or outside Australia. 
(2) Subject to sub-section (3), if a persan· infringes the monopoly in the 
design of the logo-
( a) the owner of the design; or 
{ b) a holder of a licence in relation to the design whose interests have been, 
are or would be aff ected by the inf ringement, 
may bring an action or proceeding against the persoh in the Supreme Court of a 
State or a Territory for infringement of the monopoly in the design. IP/N/1/AUS/I/5 
Page 6 
Advance Australia Logo Protection No. 20, 1984 
(3) An action or proceeding for infringemenf of the monopoly in the design 
of the logo shall not be instituted by the holder of a licence in relation ta the 
design without the consent of the owner of the design. 
(4) Where-
( a) a persan, being the holder of a licence in relation to the design of the 
logo, applies, by notice in writing served on the owner of the design, for 
the consent of the owner under sub-section (3) to the institution by the 
persan of an action or proceeding for infringement of the monopoly in 
the design of the logo; and 
(b) the owner of the design does not grant or refuse that consent before the 
expiration of the period of 7 days after the day on which the notice was 
served, 
the owner of the design shall, upon the expiration of that period, be deemed to 
have granted that consent undersub-section (3). 
( 5) Consent un der sub-section ( 3) to the institution of an action or 
proceeding shall not be unreasonably refused. 
(6) Sub-section (3) does not affect the granting of an interlocutory 
injunction on the application of a holder of a licence in relation ta the design of 
the logo. 
Remedies for infringement of monopoly in the design of the logo 
12. The relief that a court may grant in an action or proceeding for the 
infringement of the monopoly in the design of the logo includes an injunction 
(subject ta such terrns, if any, as the court thinks fit) and, at the option of the 
plaintiff, either <lainages or an account of profits. 
J urisdiction of courts 
13. ( 1) The Supreme Court of each State is invested with federal 
jurisdiction, and to the extent that the Constitution permits, jurisdiction · is 
conferred on the Supreme Court of each Territory, with respect to ail matters 
arising under section 11 or 16. · 
(2) The jurisdiction of a Supreme Court of a State or Territory under this 
section shall be exercised by a single J udge. 
(3) The inferior courts of each State are invested with federal jurisdiction, 
and jurisdiction is conferred on the inferior courts of each Territory, within the 
limits, other than limits as to subject-matter, of their several jurisdictions, with 
respect to matters arising under section 16. 
(4) An appeal lies to the Federal Court; of Australia from a judgment or 
order of a court of a State or Territory exercisirigjurisdiction under this Act. 
(5) An appeal lies to the High Court, with special leave of the High Court, 
from a j udgmen t or order ref erred to in sub-section ( 4). 
(6) Except as provided in sub-section (4) or (5), no appeal lies from a 
judgment or order ref erred to in sub-section ( 4). Advance Ausrraiia Logo Protection No. 20, 1984 IP/N/1/ AUS/1/5 
Page 7 
(7) A reference in sub-section ( 3) to an inferior courtisa ref erence to­
( a) a County Court, District Court or Local Court; or 
(b) a court of summary jurisdiction exercising civil jurisdiction, 
being a court having jurisdiction in actions for the recovery of debts up to an 
amount not less than the amount of compensation claimed. · 
Validation of certain licences 
14. Where, before 13 October 1983, the Company purported to grant a 
licence for a particular period expiring after that date in respect of the design of 
the logo, the licence is as valid and eff ectual as it would have been if it had been 
granted on that date for the part of that period that commenced on that date. 
Immunity from suit 
15. ( 1) No action or proceeding, whether civil or criminal, lies against the 
Commonwealth or the Company for or in relation to any matter or thing arising 
out of or incidental to the grant bef ore 13 October 1983 of any purported 
licence in respect of the design of the logo. 
(2) No action or proceeding, whether civil or criminal, lies against the 
Commonwealth, the Company or a persan acting in accordance with any 
purported licence in respect of the design of the logo for or in relation to the use 
of the logo before 13 October 1983. 
(3) Nothing in this section shall be taken to affect a right to compensation 
conf erred upon a persan by section 16. 
Compensation for acquisition of property 
16. (1) Where, but for this sub-section, the operation of a provision of this 
Act would result in the acquisition of property from a person by another person 
otherwise than on just terms, there is payable to the first-mentioned persan by 
that other person such amount of compensation as is agreed upon between 
those persans, or, failing agreement, as is determined by a court of competent 
jurisdiction. · 
(2) Any compensation recovered in proceedings that are instituted under 
this section shall be taken into account in assessing damages or compensation or 
giving any other remedy in proceedings that are instituted otherwise than by 
virtue of this Act and that arise out of the same event or transaction. 
(3) Any damages or compensation recovered or other remedy given in 
proceedings that are instituted otherwise than by virtue of this Act shall be 
taken into account in assessing compensation payable in proceedings that are 
instituted under this section and that arise out of the same event or transactism. 
( 4) In this section, ~l,acquisition of property" and "just terms" have the 
same respective meanings as in paragraph 51. (xxxi) of the Cônstitution. 
Directions by Minister 
17. (1) The Minister may, by instrument in wntmg served on the 
Company, give directions to the Company in connecüon with the exercise of its IP/N/1/AUS/I/5 
Page 8 
Advance Australia Logo Protection No. 20. 1984 
powers in relation to the copyright in, and the design of, the logo and the 
Company shall comply with any directions so given. 
(2) The Minister shall cause a copy of a direction given under sub-section 
( l) to be laid before each House of the Parliament within 15 sitting days of that 
House after the day on which the direction is given. 
(3) Without limiting the generality of sub-section ( l ), a direction under 
that sub-section may require the Company-
(a) to furnish to the Minister, by writing signed by a competent officer of 
the Company, within the time and in the manner specified in the 
direction, such information relating to-
(i) licences granted by the Company in respect of copyright in, or 
the design of, the logo; 
(ii) amounts received by the Company by way. of consideration for 
any such licences; or 
(iii) the application by the Company of any such amounts, 
as is specified in the direction; 
(b) to produce to the Minister or a persan specified in the direction acting 
on his behalf, in accordance with the direction, such documents 
relating to a matter referred to in sub-paragraph (a) (i), (ii) or (iii) as 
are specified in the direction; 
( c) to keep a separate account of the receipt and application of amounts 
referred to in sub-paragraph (a) (ii); or 
( d) to permit a persan specified in the direction to audit any such account. 
( 4) A persan is not entitled to compensation from the Commonwealth by 
reason of the operation of sub-section ( 1). 
Annual report by Company 
18. ( 1) The Company shall, as soon as practicable after each 30 June, 
prepare and furnish ta the Minister a report re:ating to the exercise of its 
powers during the year that ended on that 30 June with respect to the copyright 
in, and the design of, the logo. 
(2) · The Minister shall cause a copy of a _report furnished to }Jim un der 
sub-section ( 1) to be laid before eacli. House of the Parliament within 15 sitting 
days of that House after the day on V(hich he r_eceives the report. 
(3) A report under sub-section (1) in respect of a.year. shall set out details 
of:-.. 
(a) licences granted · by the· Company during · that yèar in respect· of 
copyright in, or the design of, the logo~ . 
(b) any amounts received by the Company during that year by way of 
consideration for any licences in.respect of copyright in, or the design 
of, the logo; · .: · · · · 
( c) the application by the Company during that year of any such amounts; Advance Australia Logo Protection No. 20, 1984 
( d) such other matters (if any) as are prescribed. IP/N/1/AUS/1/5 
Page 9 
( 4) A report under sub-section ( 1) in respect of a year ending on a 30 June 
before the expiration of the prescribed period shall include a statement-
( a) setting out the views of the Company-
(i) with respect to the question whether or not this Act should be 
amended so as to shorten the duration of the prescribed period; 
and 
(ii) if-
(A) the views of the Company with respect to the question 
referred to in sub-paragraph (i) are that the Act should 
not be amended as mentioned in that sub-paragraph; 
and 
(B) that 30 June is within the period commencing 5. years 
before the expiration of the prescribed period, 
with respect to the question whether ot not this Act should be 
amended so as to · lengthen the duration of the prescribed 
period;and 
(b) giving reasons for those views. 
( 5) The first report un der sub~section ( 1) shall relate to the period 
commencing on 13 October 1983 and ending on 30 June 1984. 
Application of Copyright Act and Designs Act 
19. (1) Division 8 of Part Ill of the Copyright Act 1968 does not apply in 
relation to the copyright in the logo. 
(2) During the prescribed period, it is not an infringement of the copyright 
in the logo to do any act or thing that, at the time when it is done, is an act or 
thing that, by virtue of this Act, the owner of the design of the logo has the 
;xclusive right to do. · · 
(3) After the expiration of the prescribed period,.it is not an infringement 
of the copyright in the logo to do any act or thing that, had it been done 
immediately before the expiration of the prescribed period, would have been ari 
act or thing that, by virtue of this Act, the owner of the design of the logo would 
have had the exclusive right ta do if a reference'in thisAct to the design of the 
logo had, immediately before the expiration of the prescribed period, included a 
reference to another design that when applied to an article differs frorii the 
design of the logo only in immaterial details or in features çommonly-used in a 
relevant trade. 
(4) Any registration of the design of the logo that was purpori:ed to be 
made under the Designs Act 1906, whether before or after this sub-section 
commenced to have eff ect, is void and shall be deemed never to have·· been 
made. IP/N/1/ AUS/1/5 
Page 10 
Advance AustraliaLogo Protection No. 20, 1984 
Severability of certain provisions 
20. If, but for this section, the enactment of sub-section 10 ( 4) or of 
sub-section 17 ( 4) would result in the invalidity, in whole or in part, of any 
other provision of this Act, this Act has eff ect as if that sub-section had not been 
enacted. 
Regulations 
21. The Governor-General may make regulations, not inconsistent with 
this Act, prescribing matters-
( a) required or permitted by this Act to be prescribed; or 
(b) necessary or convenient to be prescribed for carrying out or giving 
eff ect to this Act. 
SCHEDULE 1 Sub-section 2 (2) 
ADYANCE AUSTRAUA LOGO PROTECTION ACT 1984 
Sub-section 2 (2) 
The Company agrees that. as a condition of the confcrral on it of bcncfits by or undcr the Advance 
Australia Logo Protection Act /984, it will not be entitlcd to any compensation from the 
Commonwealth by rcason of the opcration of any provision ofthat Act. 
SCHEDULE 2 Sub-scction 3 ( 1) 
OUTLINE OF THE ADVANCE AUSTRALIA LOGO l6f,r . ~ . 
" -= , 
1 IP/N/1/ AUS/1/5 
Page 11 
Statute Law (Miscellaneous Provisions) Act 
(No. 1) 1986 
No. 76 of 1986 
An Act to make various amendments of the statute law of 
the Commonwealth, an~ for related purposes 
[Assented to 24 June J 986] 
BE IT ENACTED by the Queen, and the Senate and the House of 
Representatives of the Commonwealth of Australia, as follows: 
Short title 
· 1. This Act may be cited as the Statute Law (Misce/laneous Provisions) 
Act (No. 1) 1986. 
Commencement 
2. (1) Subject to this section, this Act shall corne into operation on the 
day on which it receives the Royal Assent. 
(2) The amendment of the Air Navigation (Charges) Act 1952 made 
by this Act sh~ll corne into operation, or shall be deemed to have corne 
13549/86 Cat. No. 86 4801 6 IP/N/l/AUS/1/5 
Page 12 
Statwe Law (Miscellaneous Provisions) (No. 1) No. 76, 1986 
SCHEDULE 1 Section 3 
AMENDMENTS OF ACTS 
Administrative Decisions (Judicial Review) Act J977 
Schedule 1-
0mit paragraph (k). 
Ad·rnnce Australia Logo Protection Act 1984 
Paragraph 18 (3) (b)-· 
Omit "any amounts", substitute .. the total of the amounts". 
Air Narigation (Charges) Act 1952 
Sub-section 5 ( 1 )-
Omit ··services maintained, operated or provided by the Commonwealth.", substitute­
'"services-
(a) that are maintained, operated or provided by the Commonwealth; or 
(b) in respect of the maintenance or operation of which financial assistance 
is provided by the Commonwealth.". 
Antarctic Treaty (Enrironmcnt Protection) Act 1980 
Paragraph 19 (1) (e)-
Omit the paragraph, substitute the following paragraphs: 
·· ( e) drive a vehicle in a specially protected area; 
.. (ea) land or drive an aircraft in a specially.protected area;". 
Archives Act 1983 
Sub-section 26 ( 1 )-
Omit "without the approval of the Archives" 
Sub-section 56 (2)-
0rnit the sub-section, substitute the following sub-section: 
.. (2) The Minister or a person authorised by the Minister may, in accordance-. with 
arrangements approved by the Prime Minister, cause Commonwealth records to be made. 
available to a person in such circumstances as are specified in the regulations 
notwithstanding that the Commonwealth records concerned are not otherwise available 
for public access under this Act.". 
Audit Act 1901 
After section 631\1-
Insert the _following Division: Nt,r 
~ AUSTRALIA & .J,~~'':Y ... //~(!Zf.J::. -~ 77 ... :,:::::v~ , ....... IP/N/1/ AUS/1/5 
Page 13 
Jurisdiction of Courts (Miscellaneous 
Amendments) Act 1987 
No. 23 of 1987 
An Act to amend provisions of certain Acts relating to 
jurisdiction of courts, and for related purposes 
[Assenred to 26 May -1987] 
BE IT ENACTED by the Queen, and the Senate and the House of 
Representatives of the Commonwealth of Australia, as follows: 
Short title 
1. This Act may be cited as the Jurisdiction of Courts (Miscel/aneous 
Amendments) Act 1987. 
Commencement 
2. ( 1) Section l, this section and sections 3, 4 ·and 5 shall corne into 
opcration on the day on which this Act receives the Royal Assent. 
(2) The amcndments made by this Act to an Act specified· in the 
Schedule shaH corne into operation on such day as is fixed by Proclamation 
in relation to those amendments. IJ>/1'1"/1/J\.tJS/1/5 
Page 14 
Jurisdiction of Courts (Miscellaneous Amendments} 
No. 23, 1987 
Amendments of Acts 
3. The Acts specified m the Schedule are amended as set out m the 
Schedule. 
Transitional provisions relating to taxation laws 
4. ( 1) In this section-
ucommencement day" means the day on which the amendments made 
by this Act to the Income Tax Assessment Act 1936 corne into 
operation; 
Hobjection,, means an objection under a relevant tax law, being an 
objection-
(a) as defined by section 3 of the Taxation (lnterest on 
Overpayments) Act 1983; or 
(b) under sub-section 40 (2) or (4) of the Sales Tax Assessment 
Act (No. 1) 19 30 or· either of those sub-sections às applied 
for the purposes of any other Act providing for the a.s.sessment 
of sales tax; 
"relevant tax law" means-
(a) the Bank Account Debits Tax Administration Act 1982; 
(b) the Esrate Dury Assessment Act 1914; 
(c) the Fringe Benefzts Tax Assessmenr Act 1986; 
(d) the Gifr Dury Assessment Act 1941; 
(e) the Incarne Tax Assessment Act 1936; 
(f) an Act providing for the asscssment of sales tax; 
(g) the Taxation (Unpaid Company Tax) Assessmenr Act 1982; 
or 
(h) the Trust Recoupment ·Tax Assessment Act 1985; 
'4Supreme Court" means the Supreme Çourt of a State or of the 
Nort.hem T~rritory o~ the Aus_tralian Capital Territory. 
(2) Where, under· a provision of a relevant tax law as in force before 
the commencement day-
( a) the Commissioner of Taxation had rcceived a request to refcr a 
decision on an objection to a Suprcme Court; or 
(b) the Commissioner of Taxation had rcceived a rcqucst to trcat an 
objection as an appeal to a Supreme Court and the request was, 
under section 226 of the~ Taxation: Boards of Reviel't!., (Transfer of 
Jurisdiction) Act 1986, treated. as. a. request to rcfcr the· dccision on 
the objection to a Supreme Court, 
and the request had net been forwardcd. ta a Supremc Court before the 
commencement day, the request shall, on and after the commencement day, 
be-trcated as a request to ref er the decision on the objection to· the Federal 
Court of Australia. IP/N/1/ AUS/1/5 
Page 15 
Jurisdiction of Courts (Misceilaneous Amendments) 
No. 23, 1987 
(3) Where, under a provision of a relevant tax Iaw as in force before _ 
the commencement day, a decision on an objection, or ~-n objection, _had 
been forwarded to a Supreme Court but the hearing, other than an 
interlocutory hearing, of proceedings in respect of the decision or objection 
had not begun before the commencement day-
( a) the proceedings are, by force of this Act, transferred to the Federal 
Court of Australia on the commencement day; 
(b) the proceedings shall continue in the Ferlerai Court of Australia as 
if the decision or objection had been forwarded to the Federal 
Court of Australia under a provision of a relevant tax law as 
amended by this Act; 
( c) the F ederal Court of Australia has jurisdiction to hear and de termine 
the proceedings; 
(d) all documents filed of record in the Supreme Court in the 
proceedings, or lodged with that Court in connection with the 
proceedings, shall be transmitted to the Registrar of the Federal 
Court of A ustralia; 
( e) any moneys lodged with the Supremc Court in relation to the 
proceedings shall be transferred to the Federal Court of Australia 
and dealt with as if they had been lodged with that Court; and 
( f) all things done in or in relation to the proceedings in the Supreme 
Court shall be deemed to have becn done in or in relation to the 
proceedings in the Federal Court of Australia. 
(4) The Federal Court of Australia has the same powers (including 
powers in respect of contempt of court and enforcing of orders) in respect 
of an order of a Supreme Court made· in or in relation to proceedings 
referred to in sub-section (3) as if it were an order of the Federal Court of 
Australia. 
(5) Subject to sub-section (3), the provisions of the relevant tax laws 
that are amended or repealed by this Act continue to apply to-
( a) a decision on an objection, or an objection, that was forwarded to 
a Supreme Court before the commencement day; and 
(b) an order made by the Supreme Court in relation to the decision or 
objection, 
as if those amendments â.nd repeals had net becn. made. 
( 6) Sub-section ( 5) has eff ect notwithstanding the operation ot sub­
section 7.(3) of the Jurisdiction of Courts (Cross-vesting) Act 1987 on its 
commencement . 
.Transitional provisions relating to intellectual p~operty laws 
5. ( 1) The amcndments made by this Act ta the Advance A ustralia 
Logo Protection Act 1984, the Copyright Act I 968, the Designs Act 1906, 
the Patents Act 1952 and the Trade Marks Act 1955 apply only in relation IP/N/1/ AUS/I/5 
Page 16 
Jurisdiction of Courts (Miscellaneous Amendments) 
No. 23. 1987 
to actions or procecdings commenced after the commencement of thosc 
amendmcnts. 
(2) The provisions of the Acts ref errcd to in sub~scction ( 1) as in force 
immcdiately before the commencement of the amcndments made by this 
Act to those Acts continue to apply in relation to actions or procccdings 
commenced undcr thosc Acts before that commencement. IP/N/1/ AUS/1/5 
Page 17 
Jurisdiction of Courts ( Miscellaneous Amendments) 
No. 23, 1987 . 
SCHEDULE 
AMENDMENTS OF ACTS 
Adrsnce Australia Logo Protection Act 1984 
Sub-section 11 (2)-
lnsert .. Fedcral Court of Australia or the'9 before ··supreme Court99
• 
After sub-section 13 (1 )-
lnsert the following sub-section: Section 3 
.. ( lA) The Federal Court of Australia has jurisdiction with respect to all mattcrs 
arising under section 11 or 16. ''. 
Bank Account Debits Tax Administration Act 1982 
Section 20-
Before the de finition of .. objecter", insert the following definition: 
.. 'Federal Court' means the Federal Court of Australia;". 
~ction 20 (definition of ''Supreme Court")-
Omit the dcfinition. 
Paragraph 23 (b )-
Omit .. a specified Supremc Court", substitute "'the Fcderal Court". 
Paragn.ph 25A ( 1) (b )-
Omit the paragraph, substitute the following paragraph: 
.. (b) if the application relates to a rcquest to refcr a dccision to the Fcdcral Court­
send the application to that Court.". 
Sub-sectioo 25A (3)-
(a) Omit .. a Supreme Court", substitut; 0the Fcdcral Court". 
(b) Omit ail the words after ··commissioncr". 
Sub-sectioo 25A (4)-
0mit .. Suprernc Court", substitute '4Fcdcral Court". 
Sub-section 25B (3)-
(a) Omit "a Suprcme Court", substitutc u.the Federal Court". 
(b) Omit all the words aftcr "the dccision". 
Sub-sectioo 26 ( 1 )-
Omit ·~A Suprcme Court hearing an appeal under this Part", substitute "Whcre the 
Fedcral Court hcars an appeal undcr this Part., the Court". 
Sub-sectioos 26 (3), (4) and (S)-
Omit the sub-scctions. 
Sections 28 and 29-
Rcpeal the sections. 
·· Sub-sectioo 29A (l)-
Omit the sub-scction9 substitutc the following sub-scction: IP/N/l/AUS/1/5 
Page 18 
Jurisdiction of Courts ( Miscellaneous Amendments) 
No. 23, 1987 
SCHEDULE-continucd 
.. (2) For the purposes of determining when a dccision of the Tribunal or of the 
Fedcral Court becomes final-
(a) if that dccision is a decision of the Tribunal, or of the Federal Court constituted 
by a single Judge, and no appeal is lodged within the pcriod for lodging an 
appeal-that decision bccomcs final at the end of that period; or 
(b) if that dccision is a decision of the Full Court of the Federal Court and an 
application is not made for special leave to appeal to the High Court within the 
pcriod of 30 days aftcr the making of the decision-that decision bccomcs final 
at the end of that pcriod. ". 
Section 62-
0mit the word and paragraphs aftcr .. may make'' (second occurring), substitutc the 
following: 
0regulations prcscribing penalties not exceeding a fine of S500 for offences against the 
rcgulations. ". 
Copyright Act 1968 
Reading to DiYision 4A of Part V-
Omit the hcading, substitute the following hcading: 
HDivision 4A-Jurisdiction and Appeals". 
Sub-sections 131B (1) and (2)-
Inscrt Hof a State or Territory" after .. a court'\ 
Mter section 13 lB-
Insert the following section: 
Jurisdiction of Federal Court of Australia 
.. 13IC. Jurisdiction is confcrrcd on the Fedcral Court of Australia with respect to 
actions undcr this Part.". 
DesigIJS Act 1906 
Sub-sectioo 4 ( 1 )-
After the dcfinition of .. design", insert the following definition: 
.. 'Fcderal Court' mcans the Federal Court of Australia; ... 
Sub-section 4 ( 1) ( definition of "prescribed court")­
lnscrt '·the F cdcral Court," aftcr '·mcans ". 
Sub-section 22B (l)-
Omit ua prescribcd court", substitute "the· Fcderal Court". 
Sub-section 24 (3)-
0mit ua prcscribcd court", substitutc .. 'the Fcdcral Court'·. 
Sub-section 27A (11)-
0mit .. a prescribcd court", substitute .. the Fcdcral Court". 
Sub-section 40G ( 1 )-
Omit the sub-scction, substitutc the following sub-sections: IP/N/l/AUS/1/5 
Page 19 
Jurisdêction of Courts ( Misceilaneous Amendments) 
No. 23, 1987 
SCHEDULE-continued 
•• ( 1) The F ederal Court has jurisdiction with respect to mattcrs arising un der this 
Act. 
.. ( 1 A) The jurisdiction of the Fcderal Court to hear and detcrminc appeals from 
decisions of the Registrar is exclusive of the jurisdiction of any othcr court, other than 
the jurisdiction of the High Court under section 75 of the Constitution . 
.. ( 1 B) Subject to sub-section (2), each prcscribcd court (othcr than the Fcderal 
Court) ha.s jurisdiction with respect to mattcrs arising under this Act in respect of which 
actions or proceedings may, under a provision of this Act, be instituted in a prcscribcd 
court . 
.. ( lC) A prosccution for an offence against this Act shall not be instituted in the 
Fcdcral Court.". 
Su~ctioo 40G (2)-
0mit .. sub-scction ( l )'', substitute .. sub-section ( l B) ". 
Sub-sections 401 (1) and (2)-
0mit the sub-sections. substitute the following sub-scctions: 
0(1) An appeal lies to the Federal Court from a judgment or order of: 
(a) another prcscribed court exercising jurisdiction under this Act; or 
(b) any other court in an action or procccding rcf errcd to in section 31. 
••(2) Except with the lcavc of the Federal Court, an appeal docs not lie to the Full 
Court of the Fcderal Court from a judgmcnt or ordcr of a single judge of the Fedcral 
Court in the cxercisc of its jurisdiction to hcar and dctenninc appeals from dccisions of 
the Registrar. ". 
Section 40J-
Omit ··prescribcd court", substitute ··Fcderal Court". 
Sub-section 46B ( 1 }-
Omit .. a prescribcd court", substitute .. the Fcderal Court". 
Sub-section 46B (2)-
0mit ··prcscribed court", substitute .. Fcderal Court". 
Estate Duty Assessmeat Act 1914 
Sub-section 3 ( 1 )-
After the definition of .. cstatc", insert the following definition: 
•• ·Federal Court' me.ans the Fcderal Court of Australia;". 
Paragraph 25 (1) (b}-
Omit .. a spccificd Supremc Court", substitutc ··the Fcdcral Court". 
Paragraph 27 A ( 1) (b )-
-Omit the paragraph, substitutc the following paragraph: 
.. (b) if the application relates to a rcqucst to refer a dccision to the Fcdcral Court­
scnd the application to that Court.". 
Sub-section 27 A ( 3 )-
(a) Omit ua Supreme Court", substitute .. the Fcdcral Court". 
(b) Omit all the words aftcr .. Commissioncr". IP/N/1/ AUS/I/5 
Page 20 
Jurisdiction of Courts (Misce/laneous Amendments) 
No. 23, 1987 · 
SCHEDULE-continued 
Sub-section 27 A ( 4 )-
Omit .. Supreme Court", substitute 04federal Court',. 
Sub-section 27B (3)-
(a) Omit .. a Supreme Court", substitute 0the Fedcral Court". 
(b) Omit all the words after .. the dccision". 
Section l7E-
Rcpcal the section, substitute the following section: 
Power.; of Federal Court on appeal 
''27E. Wherc the Fedcral Court hears an appeal under this Part, the Court may 
make such ordcr in relation to the dccision to which the appeal relates as it thinks fit, 
inciuding an order confirming or varying the decision. ". 
Sections 28, 28A, 28AA and 28AB-
Rcpcal the sections. 
Sub-section 28AC (2)-
0mit the sub-scction, substitute the following sub-scction: 
H(2) For the purposcs of dctcrmining whcn a decision of the Tribunal or of the 
Federal Court bccomes final-
( a) if that decision is a decision of the Tribunal, or of the Federal Court constituted 
by a single Judge, and no appeal is lodgcd within the period for lodging an 
appcal-that dccision becomes final at the end of that period; or 
(b) if that dccision is a dccision of the Full Court of the Fedcral Court and an 
application is not made for spccial lcave ta appeal to the High Court within the 
period of 30 days aftcr the making of the decision-that dccision becomes final 
at the end of that pcriod. ". 
Section l8D-
Repcal the section. 
Section 50-
0mit the word and paragraphs aftcr "'may makc" (second occurring), substitute the 
following: 
04rcgulations prcscribing penalties not excecding a fine-of S500 for off cnces against the 
rcgulations. ". 
Friage ·Beaefits Tax Assessmeat Act 1986 
Sections 79 and 79 A-
Repcal the sections, substitutc the following section: 
Iaterpretation 
079. In this Part, 'F cdcral Court' means the F edcral Court of Australia.,.. 
Paragnpb 81 (b)-
Omit "a spccificd Supremc Court'\ substitutc 04thc Fcdcral Court'\ IP/N/1/ AUS/1/5 
Page 21 
Jurisdiction of Courts (Miscellaneous A~endments) 
No. 23, 1987 
SCHEDULE--continucd 
Paragraph 84 (1) (b)-
Omit the paragraph. substitute the following paragraph: 
.. (b) if the application relates to a rcquest to rcfcr a dccision to the Federal Court­
send the application te that Court.". 
Sub-section 84 (3)-
(a) Omit .. a Supreme Court", substitutc "the Fcdcral Court". 
(b) Omit all the words after ·~commissioncr". 
Sub-section 84 ( 4 )-
Omit "Supreme Court", substitute .. Fcderal Court". 
Sub-section 85 (3)-
(a) Omit .. a Supreme Court", substitutc "the Fcdcral Court". 
(b) Omit all the words after .. the decision". 
Section 86 B-
Repeal the section. 
Sub-section 86C ( I )-
Omit "A Supreme Court hearing an appeal under this Part", substitutc .. Where the 
Federal Court hcars an appeal undcr this Part, the Court'\ 
Sub-section 86C (2)-
0mit the sub-section. 
Section 86D--
Rcpcal the section. 
Sub-sectioo 86E (2)-
0mit the sub-scction, substitute the following sub-scction: 
.. (2) For the purposes of dctermining· when a decision of the Tribunal or of the 
Federal Court bccomes final-
(a) if that dccision is a decision of the Tribunal, or of the Fcdcral Court constitutcd 
by a single Judge, and no appeal is lodgcd within the pcriod for lodging an 
appcal-that decision bccomes final at the end of that period; or 
(b) if that dccision is a decision of the Full Court of the Fedcral Court and an 
application is not made for spccial '!cave to appeal to the High Court within 
the pcriod of 30 days after the. making. of the. decision-that decision becomes 
final at the end of that pcriod.'·. 
Section 87-
Repeal the section. 
Gift Duty Assessmeat Act 1941 
Sub-sectioo 4 ( I )-
After the dcfinition of udonor··, inscrt the following dcfinition: 
•• 'Fcderal Court' means the Fedcral Court of Australia; ... 
Sub-section 4 ( I) ( de finition of "Supreme Court")­
Omit the dcfinition. IP/N/1/AUS/1/5 
Page 22 
Jurisdiction of Courts ( Misce/laneous Amendments) 
No. 23, 1987 
SCHEDULE-continued 
Paragraph 32 (b )-
Omit "a specified Supremc Court", substitutc "the Fcdcral Court". 
Paragraph 34A (1) (b)-
Omit the paragraph, substitute the following paragraph: 
.. ( b) if the application relates to a request to rcfer a dccision to the Fcdcral Court­
send the application ta that Court.". 
Sub-section 34A (3)-
(a) Omit .. a Supreme Court", substitutc .. the Fcderal Court". 
( b) Omit all the words after "Commissioner". 
· Sub-section 34A ( 4 )-
Omit "Supreme Cour(, substitute .. Fedcral Court". 
Sub-section 348 (3)-
(a) Omit .. a Supreme Court", substitutc .. the Fcderal Court". 
(b) Omit all the words after .. the dccision". 
Sub-section 34E ( 1 )-
Omit .. A Supreme Court hearing an appeal under this Part", substitute .. Whcrc the 
Federal Court hears an appeal under this Pan, the Court". 
Sub-section 34E (2)-
0mit the sub-section. 
Sections 35, 36~ 36A and 36B­
Repeal the sections. 
Sub-sectioa 36C (2)-
0mit the sub-scction, substitutc the following sub-scction: 
.. (2) For the purposes of dctermining whcn a decision of the Triburial or of the 
Federal Court becomes final-
(a) if that decision is a dccision of the. Tribunal, or of the Federal Court constitutcd 
by a single Judgc, and no appeal is lodged within the period for lodging an 
appcal-that dccision bccomcs final at the end of that pcriod; or 
(b) if that dccision is a dccision of the Full Court of the Fcdcral Court and an 
application is not made for special leavc to appeal to the High Court within the 
period of 30 days aftcr the making of the dccision-that dccision becomcs final 
at the end of that pcriod.". 
Section 38A-
Repcal the section. 
Section 47-
0mit all the words and paragraphs after "Act" (last occurring), ·substitute. the 
following: 
• ., and, in particular, for prescribing penalties not cxcecding a fine of $500 for offcnccs 
against the rcgulations.... · Jurisdiction of Courts (Misce/laneous Amendment$) 
No. 23, 1987 
SCHEDULE-continued 
Income Tax Assessment Act 1936 
Sub-section 177 ( 1 )-IP/N/1/ AUS/1/5 
Page 23 
Omit ·• ( except in proceedings on appeal against the assessment) n, substitutc 
'4, except in proceedings under Part V on a review or appeal relating to the assessmcnt,n. 
Sections 184A and 184C-
Rcpcal the sections, substitute the following section: 
Interpretation 
.. 184. In this Division. ·Federal Court· means the Fcderal Court of Australia.". 
Puagraph 187 (b )-
Omit .. a specificd Supremc Court'\ substitute "the Federal Court". 
Paragraph l88B (1) (b )-
Omit the paragraph, substitutc the following paragraph: 
"(b) if the application relates to a rcqucst to rcfer a decision to the Fcderal Court­
send the application to that Court .... 
Sub-section I88B (3)-
(a) Omit "a Suprcme Court", substitute ··the Federal Court". 
(b) Omit all the words after .. Commissioner". 
Sub-section 188B ( 4 )-
Omit .. Supreme Court", substitute .. Federal Court". 
Sub-section 189 (3)-
(a) Omit .. a Suprcme Court", substitute "the Fcderal Court". 
(b) Omit all the words after "the decision". 
Sections 196A and 198-
Rcpeal the sections. 
Sub-section 199 ( 1 )-
Omit "A Suprcmc Court hearing an appeal undcr this Part", substitute .. Whcrc the 
Fedcral Court hcars an appeal undcr this Part, the Court". 
Sub-section 199 (2)-
0mit the sub-section. 
Sections 200 and 200A­
Repeal the sections. 
Sub-section 200B ( 2 )-
Omit the sub-section, substitute the following sub-scction: 
.. (2) For the purposcs of detcrmining whcn a decision of the Tribunal or of the 
Federal Court bccomcs final-
( a) if that decision is a dccision of the Tribunal, or of the Federal Court constituted 
by a single J udge, and no appeal is lodgcd within the pcriod for lodging an 
appeal-that dccision bccomcs final at the end of that pcriod; or IP/N/1/ AUS/1/5 
Page 24 
Jurisdiction of Courts ( Miscellaneous Amendments) 
No. 23, 1987 
SCHEDULE-continued 
(b) if that dccision is a dccision of the Full Court of the Federal Court and an 
application is not made for special leave to appeal to the High Court within the 
period of 30 days after the making of the decision-that decision bccomes final 
at the end of that period. ". 
Sub-sectioo 266 (2)-
0mit the sub-section. 
Patents Act 1952 
Section 6-
Aftcr the definition of .. exclusive liccnscc", inscrt the following dcfinition: 
·"'Federal Court' means the Fcdcral Court of Australia;". 
Section 6 (definitioo of ',>rescribed court,~}­
lnscrt .. the Fcderal Court," aftcr ··means". 
Su~ction 49 (8)-
0mit .. a prcscribcd court'\ substitutc .. the Fedcral Court". 
Sub-section 49A (10}-
0mit ··a prescribcd court", substitutc .. the Fcderal Court". 
Sub-stttion 50 (6}-
0rnit .. a prescribed court", substitute "the Fcderal Court". 
Sub-section 52 (8}-
0mit .. a prcscribed court", substitute .. the Fcdcral Court ... 
Sub-sectioa 52D (9)-
0mit ··a prescribcd court'\ substitutc .. the Fedcral Court". 
Sub-section 60 ( 5}-
(a) Omit ''the prescribed court", substitute ··the Fcderal Court··. 
(b) Omit .. a prcscribed court", substitute ··the Ferlerai Courtn. 
Sub-section 63 (4)-
0mit .. a prescribed court", substitutc .. the Fcdcral Court". 
Paragraph 66 (3) (c)-
Omit the paragraph, substitute the following paragraph: 
··(c) procccdings in a court; or". 
Paragntph 66 (3) (f)-
Omit the paragraph, substitutc the following paragraph: 
.. (f) in a case to which paragraph (c) applies-the court or, if the procccdings arc 
discontinued, the Commissioncr directs; or". 
Sub-sections 68B ( 11) and ( 12)-
0mit ··a prescribcd court'\ substitute "the Fedcral Court". 
Sub-section 73 (4)-
0m1t 0a prcscribed court'\ substitute ··the Fcderal Court". IP /N / 1/ A US/1/ 5 
Page 25 
Jurisdiction of Courts ( Miscel/aneous Amendments) 
No. 23, 1987 
SCHEDULE-continucd 
Sub-section 81 (2)-
0mit ··a prescribed court", substitutc .. the Federal Court". 
Sub-sectioo 81 (3)-
0mit '"prescribed court", substitutc .. Fedcral Court". 
~ction 84--
(a) Omit .. prescribed court" (first occurring), substitute .. Fedcral Court". 
(b) Omit .. a prescribed court", substitutc "the Fcdcral Court". 
Sub-section 146 ( 1 )-
Omit the sub-scction, substitute the following sub-scctions: 
.. ( 1) The Federal Court has jurisdiction with respect to matters arising undcr this 
Act . 
.. ( lA) The jurisdiction of the Federal Court to hcar and dctcrminc appeals from 
dccisions or directions of the Comissioner is exclusive of the jurisdiction of any othcr 
court. other than the jurisdiction of the High Court undcr section 75 of the Constitution . 
.. ( 1 B) Subject to sub-section (2), cach prescribcd court (other than the Fcdcral 
Court) has jurisdiction with respect to matters arising undcr this Act in respect of which 
actions or procccdings may, under a provision of this Act., be institutcd in a prescribcd 
court. 
··etc) A prosccution for an offence against this Act shall not be instituted in the 
Fcderal Court.". 
Sub-section 146 (2)-
0mit .. sub-scction ( 1) ". substitute .. sub-section ( 1 B) ". 
Sub-sections 148 ( 1) and (2)-
0mit the sub-scctions, substitute the following sub-sections: 
.. ( 1) An appeal lies to the Ferlerai Court from a judgmcnt or ordcr of: 
(a) anothcr prescribed court excrcising jurisdiction under this Act; or 
(b) any othcr court in an action or procceding rcfcrred to in section 113 or 121. 
.. (2) Except with the lcavc of the Fcdcral Court, an appeal does not lie to the Full 
Court of the Ferlerai Court from a jurlgment or ordcr of a single judgc of the Federal 
Court in the excrcisc of its jurisdiction to hcar and dctcnninc appeals from decisions or 
directions of the Commission cr.". 
Stttion 149-
(a) Omit .. A prescribcd court", substitutc '1hc Fedcral Courtn. 
(b) lnscrt .. from a dccision or direction of the Commissioncr'" after '4court" (second 
occurring). 
~ction 150-
0mit .. prescribcd court", substitutc ··Fcderal Court ... 
Sub-section 154A ( 6)-
0mit ··a prcscribcd court", substitutc ··the Fcdcral Court'\ 
Sub-section 155 (2)-
0mit ··a prescribcd court", substitutc ··the Fcdcral Court". IP/N/1/ AUS/1/5 
Page 26 
Jurisdiction of Courts (Miscellaneous Amendments) 
No. 23, 1987 
SCHEDULE-continucd 
Sub-section 163 (2)-
0mit .. a prcscribed court,,, substitute ··the Ferlerai Court". 
Section 170-
(a) Omit ··a prescribed court''. substitute ''the Fedcral Court". 
(b) Omit "the prcscribed court" (wherevcr occurring). substitutc .. the Fcderal 
Court". 
Sales Tax Assessment Act (No. 1) 1930 
Section 39A-
Bcfore the definition of ··objecter", insert the following definition: 
·· 'Federal Court' mcans the Fedcral Court of Australia;". 
Section 39A ( definitioo of "Supreme Court")­
Omit the definition. 
Section 39C-
Repcal the section. 
Paragraph 41 (b)-
Omit .. a specified Supreme Court", substitute .. the Fcderal Court"'. 
Puagraph 42B (1) (b)-
Omit the paragraph, substitutc the following paragraph: 
"(b) if the application relates ta a rcquest ta refera decision ta the Fcderal Coun­
scnd the application ta that Court.". 
Sub-section 42B ( 3 )-
(a) Omit .. a Supremc Court", substitutc ··the Fcdcral Court". 
(b) Omit all the words aftcr .. Commissioncr". 
Sub-sectioo 42B ( 4 )-
Omit .. Suprcmc Court'\ substitutc .. Fcdcral Court'~. 
Sub-sectioo 42C (3)-
(a) Omit 0a Supremc Court''. substitutc 0the Fcderal Court". 
(b) Omit all the words aftcr ··the dccision,.. 
Sub-sections 42G ( 1 ), (l ), ( 4) and ( 5)-
0mit the sub-scctions. 
Sub-section 42G ( 3 )-
Omit •• A Suprcmc Court hearing an appcàl undcr this Part,., subsutute 'Whcre the 
F cdcral Court hears an appeal un der this Part. the Co~Irt '9. 
Sub-section 42H (2)-
0mit the sub-scction, substitutc the following sub-scction: 
.. (2) For the purposes of dctermining whcn a dccision of the Tribunal or of the 
Fcdcral Court bccomcs final-Jurisdiction of Courts ( Misce/laneous Amendments) 
No. 23, 1987 
SCHEDULE-continued IP/N/l/AUS/1/5 
Page 27 
(a) if that decision is a decision of the Tribunal, or of the Ferlerai Court constituted 
by a single J udgc, and no appeal is lodged within the pcriod for lodging an 
appeal-that decision becornes final at the end of that period; or 
( b) if that decision is a decision of a Full Court of the Federal Court and an 
application is not made for special leavc to appeal to the High Court within the 
period of 30 days after the making of the decision-that decision becomcs final 
at the end of that period. ". 
Paragraph 73 (aa)-
Add at the end .. and". 
Paragraph 73 (ab)­
Omit the paragraph. 
Taxation (Unpaid Company Tax) Assessment Act 1982 
Sub-section 4 (7)-
0mit the sub-section. 
Trade Marks Act 1955 
Sub-section 6 ( 1 )-
Aftcr the definition of .. Convention countryn, inscrt the foilowing dcfinition: 
·• ·Federal Court' means the Fcdcral Court of Australia~". 
Sub-section 6 (1) (definition of "prescribed court")-
1 nscrt ··the F cderal Court," after .. mcans ". 
Sub-section 19 (3)-
0mit .. a prcscribcd court", substitutc ··the Fedcral Court". 
Sub-section 20 (2)-
0mit ··a prescribcd court", substitutc 04the Fedcral Court ... 
Sub-section 21 (5)-
0mit .. a prescribed court'', substitute '"the Fcderal Court". 
Sub-sectioo 23 (7)-
0mit '"a prcscribed court''. substitute .. the Fedcral Court". 
Sub-section 26 (4)-
0mit .. a prcscribcd court", substitutc .. the Fcderal Court". 
Sub-section 30 (3)-
0mit "a prescribed court", substitute .. the Fedcral Court". 
Sub-section 36 (3)-
. Omit .. a prescribcd court'\ substitu~e '"the Fedcral Court". 
Sub-section 42 ( 4 )-
Omit .. a prcscribcd court", substitutc .. the Fedcral Court". IP/N/l/AUS/1/5 
Page 28 
Jurisdiction of Courts (Miscellaneous Amendments} 
No. 23, 1987 
SCHEDULE-continued 
Sub-section 43 ( 4 )-
Omit .. a prescribed court", substitutc .. the Fcderal Court". 
Sub-section 46 ( 1 )-
Omit .. a prcscribed court", substitute ''the Fcdcral Court". 
Sub-section 46 (2)-
0mit "prcscribcd court", substitute .. Fedcral Court". 
Section 51-
0mit .. a prcscribed court", substitute .. the Fcderal Court". 
Paragraph 54 (3) (b)-
Omit the paragraph, substitute the following paragraph: 
"'(b) procccdings in a court; or". 
Paragraph 54 (3) (e)-
Omit the paragraph. substitute the following paragraph: 
.. (e) in a case to which paragraph (b) applics-thc court or, if the procccdings arc 
discontinucd, the Registrar directs; or". 
Section 81-
0mit .. a prcscribcd court", substitute ''the Fcderal Court". 
Sub-section 86 (3)-
0mit "a prescribed court", substitute "the Fcderal Court''. 
Sub-section 112 ( 1 )-
Omit the sub.section, substitute the following sub-sections: 
.. ( 1) The F cderal Court has jurisdiction with respect to mattcrs arising under this 
Act. 
•• ( 1 A) The jurisdiction of the Fcdcral Court to hcar and dctcrminc appeals from 
dccisions, directions or orders of the Registrar is exclusive of the jurisdiction of any 
other court, othcr than th~ jurisdiction of the High Court· under section 75 of the 
Constitution. · 
'·(la) Subjcct to sub-section (2), cac~ prcscribed court (othcr than the Fcderal 
Court) has jurisdiction with respect to mattcrs arising undcr this Act in respect of which 
actions or procecdings may, undcr a provision of this Act, be institutcd in a prescribcd 
court. 
"(1 C) A prosccution for an off cnce against this Act shall not be institutcd in the 
F ederal Court.". 
Sub-section 112 (l)-
Omit ·~sub-section ( 1) ", substitutc "sub-scction (l sr·. 
Sub-sections 114 ( 1) and (l)-
Omit the sub·scctions. substitute the following sub-sections: 
" ( 1) Ân appeal lies to the Fcdcral Court from: a judgment or order of: 
(a) anothcr prcscribcd court cxcrcisin~ iurisdiction undcr thi~ Act· n;· IP/N/1/ AUS/1/5 
Page 29 
J urisdiction of Courts ( Miscellaneous Amendments) 
No. 23. 1987 
SCHEDULE-continucd 
(b) any other court in an action or procecding rcfcrred to in sèètion 67 or 124 . 
.. (2) Exccpt with the l~vc of the Federal Court, an appeal docs not lie to the Full 
Court of the Federal Court from a judgment or order of a single judge of the Fedcral 
Court in the excrcise of its jurisdiction ta hcar and detcrminc appeals from decisions~ 
directions or orders of the Rcgistrar. ". 
Section 115-
(a) Omit .. A prescribed court", substitute uThc Fcderal Court". 
(b) Inscrt ··rrom a decision, direction or ordcr of the Registrar" aftcr 0court" 
(second occurring). 
~tian 115A-
Omit ··prescribcd court", substitute .. Federal Court". 
Sub-sectioo 139 (5)-
0mit ... a prescribcd court", substitutc .. the Fcdcral Court". 
Section 142-
(a) Omit ··a prcscribed court", substitute 0thc Fcderal Court". 
(b) Omit .. the prescribed court" (whcrcver occurring), substitutc "'the Federal 
Court". · 
Trade Practices Act 1974 
Section 75B-
Add at the end the following sub-scction: 
.. (2) In this Part, unlcss the contrary intention appcars-
( a) a referencc to the Court in relation to a matter is a ref crcncc to any court 
having jurisdiction in the mattcr; 
(b) a rcfcrcncc to the Fcderal Court is. a. rcfcrcncc to the Fcderal Court of 
Australia; and 
(c) a rcfcrcncé to a judgmcnt is a rcfcrcnce to a judgmcnt, dccrcc or ordcr, whethcr 
final or interlocutory.''. 
Section 86-
Rcpcal the section, substitutc the following sections: 
J urisdiction. of courts· 
.. 86. ( 1) Jurisdiction is conferrcd on the Ferlerai Court in· any matter arising undcr 
this Act in respect of which a civil procceding has, whcthcr bcfore or aftcr the 
commencement of this section, been instituted un~cr this Part . 
.. (2) The sevcral courts of the States are invested with fedcral jurisdiction within 
the limits of thcir scvcral jurisdictions, whether those limits arc as to locality, subjcct­
mattcr or othcrwisc, and, subjcct to the Constitution, jurisdiction is confcrrcd on the 
sevcral courts of the T crritories, with respect: to any matter arising undcr Division 1 or 
1 A of Part V in respect of which a civil procceding is institutcd by a person othcr than 
_...:thë Ministcr or the Commission. ·· 
0(3) Nothing in sub-scction (2) shall be-takcn to enablc an infcrior court of a Statc 
or Tcrritory to grant a. rcmcdy other than a remcdy of a kind that the· court is able to 
grant undcr the law of that State or Tcrritory. IP/N/1/ AUS/1/5 
Page 30 
J urisdiction of Courts ( Miscellaneous Amendments) 
No. 23, 1987 
SCHEDULE-continucd· 
""(4) The jurisdiction confcrrcd by sub-scction (1) on the Fcderal Courtis exclusive 
of the jurisdiction of any othcr court other than the jurisdiction of the sevcral courts of 
the States and Territorics under sub-scction (2) and the jurisdiction of the High Court 
under section 7 5 of the Constitution. 
Transf er of matters 
.. 86A. ( 1) Where-
( a) a civil proceeding institutcd ( whether bcfore or after the commencement of this 
section) by a persan other than the Minister or the Commission is pcnding in 
the F ederal Court; and 
(b) a matter for determination in the procccding arose undcr Division 1 or lA of 
Part V, 
the Federal Court rnay, subject to sub-scction (2), upon the application of a party or 
of the Federal Court's own motio~ transfcr to a. court of à Statc or Tcrritory the 
matter rcferred to in paragraph (b) and may also transfcr to that court any other matter 
for determination in the procceding . 
.. (2) The Fcderal Court shall not transfer a matter to anothcr court under sub­
section ( 1) unless the other court bas power to grant the remedics sought bcfore the 
Federal Court in the matter and it appcars to the Federal Court that-
( a) the matter arises out of or is relatcd to a procccding that is pcnding in the 
other court; or 
(b) it is otherwise in the intcrcsts of justice that the matter be dctcrmined by the 
other court . 
... (3) Whcre the Federal Court transfcrs a matter to anothcr court under sub-scction 
(1)-
(a) further proccedings in the matter shall be as directed by the othcr court; and 
(b) the judgment of the other court in the mattcr is cnforccable throughout 
Australia and .the external Territorics as if it wcrc a judgment of the Federal 
Court. 
""(4) Where-
(a) a procccding is pending in a court (other than the Supreme Court) of a State 
or T erritory; and . 
(b) a mattcr for detennination in the procceding arosc undcr Division 1 or lA of 
Part V, 
the court shall, if directed to do so by the Fcderal Court, transfer to the Federal Court 
the mattcr rcf erred to in paragraph (b) and, such othcr matters for determination in the 
procccding the detcrmination of which would, apart from any law of a State or of the 
Northern Territory relating to cnm-vcsting of jurisdiction, be within the jurisdiction of 
the Fcderal Court as the Fedcral Court detennincs. 
••(5) Whcre-
(a) a procceding is pcnding in a court {othcr than the Suprcmc Court) of a Statc 
or Tcrritory; and 
(b) a matter for dctermination in the procceding arase under Division l or lA of 
Part V, 
the court may, subject to sub-scction (6), upon the application of a party or of the 
court's own motion, transfer to a court (othcr than thé Suprcmc Court) -af a State or· 
Territory other than the State or Territory rcferrcd to in paragraph (a) the matter 
referrcd to in paragraph (b). 
""(6) A court shall not transfer a mattcr to anothcr court under sub-scction (5) 
unless the other court bas power to grant the rcmedies sought bcforc the first-mentioncd 
court in the matter and it appears to the first-mentioned court that-IP/N/1/ AUS/1/5 
Page 31 
Jurisdiction of Courts (Miscellaneous Amendments) 
No. 23, 1987 
SCHEDULE-continued 
(a) the matter arises out of or is related to a procccding that is pending in the 
other court; or 
(b) it is otherwise in the intcrests of justice that the matter be deterrnincd by the 
othcr court. 
··(7) Where a court transfers a malter to another court under sub-section (5), 
f unher proceedings in the mat ter shall be as directcd by the other court .... 
[Minister's second reading speech made in-
House of Representatives on 22 October 1986 
Senate on 1 April 1987] 