Federal Courts (State Jurisdiction) Act 1999 (SA)

South Australia Federal Courts (State Jurisdiction) Act 1999 An Act to provide that certain decisions of the Federal Court of Australia or the Family Court of Australia have effect as decisions of the Supreme Court and to make other provision relating to certain matters relating to the jurisdiction of those courts; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Meaning of ineffective judgment 5 Act to bind Crown Part 2—Rights and liabilities 6 Rights and liabilities declared in certain cases 7 Effect of declared rights and liabilities 8 Effect of things done or omitted to be done under or in relation to rights and liabilities 9 Section 6 regarded as having ceased to have effect in certain cases 10 Powers of Supreme Court in relation to declared rights and liabilities 11 Certain proceedings may be treated as proceedings in Supreme Court 12 Proceedings for contempt 13 Evidentiary 14 Act not to apply to certain judgments Part 3—General 15 Regulations Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Federal Courts (State Jurisdiction) Act 1999. 3—Interpretation In this Act— applied administrative law means a law of the State applying a Commonwealth administrative law as a law of the State; Commonwealth administrative law means— (a) any of the following Acts of the Commonwealth: (i) Administrative Appeals Tribunal Act 1975; (ii) Administrative Decisions (Judicial Review) Act 1977; (iii) Freedom of Information Act 1982; (iv) Ombudsman Act 1976; (v) Privacy Act 1988; or (b) any of the regulations in force under any of those Acts; federal court means the Federal Court of Australia or the Family Court of Australia; ineffective judgment has the meaning given by section 4; judgment means a judgment, decree or order, whether final or interlocutory, or a sentence; liability includes a duty or obligation; proceeding includes an initiating application; relevant State Act means any of the following Acts: (a) Agricultural and Veterinary Chemicals (South Australia) Act 1994; (b) Civil Aviation (Carriers' Liability) Act 1962; (c) Competition Policy Reform (South Australia) Act 1996; (d) Corporations (South Australia) Act 1990; (e) Gas Pipelines Access (South Australia) Act 1997; (f) Jurisdiction of Courts (Cross-vesting) Act 1987; (g) National Crime Authority (State Provisions) Act 1984; (h) a prescribed Act; right includes an interest or status; State matter means a matter— (a) in which the Supreme Court has jurisdiction otherwise than by reason of a law of the Commonwealth or of another State or a Territory; or (b) which has been removed to the Supreme Court under section 8 of the Jurisdiction of Courts (Cross-vesting) Act 1987; or (c) in respect of which a relevant State Act purports or purported to confer jurisdiction on a federal court; or (d) arising under or in respect of an applied administrative law. 4—Meaning of ineffective judgment (1) A reference in this Act to an ineffective judgment is a reference to a judgment of a federal court in a State matter given or recorded, before the commencement of this section, in the purported exercise of jurisdiction purporting to have been conferred on the federal court by a relevant State Act. (2) If— (a) a Full Court of the Federal Court of Australia in its appellate jurisdiction has purported to affirm, reverse or vary an ineffective judgment; or (b) the Full Court of the Family Court of Australia has purported to affirm, reverse or vary an ineffective judgment, a reference in this Act to the ineffective judgment is a reference to the ineffective judgment in the form in which, and to the extent to which, it purports or purported to have effect from time to time. 5—Act to bind Crown This Act binds the Crown in right of the State of South Australia and, to the extent to which the power of the Parliament permits, the Crown in all its other capacities.