An Act relating to the cross-vesting of certain jurisdiction
WHEREAS inconvenience and expense have occasionally been caused to litigants by jurisdictional limitations in federal, State and Territory courts, and whereas it is desirable, so far as is constitutionally possible:
(a) to establish a system of cross-vesting of jurisdiction between those courts, without detracting from the existing jurisdiction of any court;
(b) to structure the system in such a way as to ensure as far as practicable that proceedings concerning matters which, apart from this Act and any law of a State relating to cross-vesting of jurisdiction, would be entirely or substantially within the jurisdiction (other than any accrued jurisdiction) of the Federal Court or the Family Court or the jurisdiction of a Supreme Court of a State or Territory are instituted and determined in that court, whilst providing for the determination by one court of federal and State matters in appropriate cases; and
(c) if a proceeding is instituted in a court that is not the appropriate court, to provide a system under which the proceeding will be transferred to the appropriate court.
BE IT THEREFORE ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
This Act may be cited as the Jurisdiction of Courts (Cross-vesting) Act 1987.
This Act shall come into operation on a day to be fixed by Proclamation.
(1) In this Act, unless the contrary intention appears:
Family Court means the Family Court of Australia.
Federal Court means the Federal Court of Australia.
Full Court, in relation to a Supreme Court of a State, includes any court of the State to which appeals lie from a single judge of that Supreme Court.
judgment means a judgment, decree or order, whether final or interlocutory.
party, in relation to a proceeding, includes a person who intervenes in the proceeding.
proceeding does not include a criminal proceeding.
special federal matter means:
(a) a matter arising under Part IV of the Trade Practices Act 1974; or
(aa) a matter arising under the Competition Code (as defined in section 150A of the Trade Practices Act 1974) of the Australian Capital Territory or the Northern Territory; or
(ab) a matter arising under section 60G of the Family Law Act 1975 in a court other than the Family Court of Western Australia or the Supreme Court of the Northern Territory; or
(b) a matter involving the determination of questions of law on appeal from a decision of, or of questions of law referred or stated by, a tribunal or other body established by an Act or a person holding office under an Act, not being a matter for determination in an appeal or a reference or case stated to the Supreme Court of a State or Territory under a law of the Commonwealth that specifically provides for such an appeal, reference or case stated to such a court; or
(c) a matter arising under the Administrative Decisions (Judicial Review) Act 1977; or
(e) a matter that is within the original jurisdiction of the Federal Court by virtue of section 39B of the Judiciary Act 1903;
being a matter in respect of which the Supreme Court of a State or Territory would not, apart from this Act, have jurisdiction.
State includes the Australian Capital Territory and the Northern Territory.
State Family Court, in relation to a State, means a court of that State to which section 41 of the Family Law Act 1975 applies by virtue of a Proclamation made under subsection 41(2) of that Act.
Territory does not include the Australian Capital Territory or the Northern Territory.
(2) A reference in this Act, other than a reference in subsection 4(1), 5(3) or 7(4), to the Supreme Court of a State includes, if there is a State Family Court of that State, a reference to that State Family Court.
(3) This Act extends to every external Territory.
(4) Jurisdiction conferred on the Federal Court by an application law (as defined in section 150A of the Trade Practices Act 1974), of the Australian Capital Territory or the Northern Territory, is to be treated for the purposes of this Act as if that jurisdiction were federal jurisdiction.
(1) Where:
(a) the Federal Court or the Family Court has jurisdiction with respect to a civil matter, whether that jurisdiction was or is conferred before or after the commencement of this Act; and
(b) the Supreme Court of a State or Territory would not, apart from this section, have jurisdiction with respect to that matter;
then:
(c) in the case of the Supreme Court of a State (other than the Supreme Court of the Australian Capital Territory and the Supreme Court of the Northern Territory)—that court is invested with federal jurisdiction with respect to that matter; or
(d) in the case of the Supreme Court of a Territory (including the Australian Capital Territory and the Northern Territory)—jurisdiction is conferred on that court with respect to that matter.
(2) Where:
(a) the Supreme Court of a Territory has jurisdiction with respect to a civil matter, whether that jurisdiction was or is conferred before or after the commencement of this Act; and
(b) the Federal Court, the Family Court or the Supreme Court of a State or of another Territory would not, apart from this section, have jurisdiction with respect to that matter;
jurisdiction is conferred on the court referred to in paragraph (b) with respect to that matter.
(3) Where a proceeding is transferred to the Federal Court, the Family Court or a State Family Court of a State, that court has, by virtue of this subsection, jurisdiction with respect to so many of the matters for determination in the proceeding as that court would not have apart from this subsection.
(4) This section does not apply to a matter arising under:
(a) the Conciliation and Arbitration Act 1904; or
(b) the Workplace Relations Act 1996; or
(ba) the Native Title Act 1993; or
(c) section 46A, 155A or 155B of the Trade Practices Act 1974; or
(d) a provision of Part VI or XII of the Trade Practices Act 1974 so far as the provision relates to section 46A, 155A or 155B of that Act.
(1) Where:
(a) a proceeding (in this subsection referred to as the relevant proceeding) is pending in the Supreme Court of a State or Territory (in this subsection referred to as the first court); and
(b) it appears to the first court that:
(i) the relevant proceeding arises out of, or is related to, another proceeding pending in the Federal Court or the Family Court and it is more appropriate that the relevant proceeding be determined by the Federal Court or the Family Court;
(ii) having regard to:
(A) whether, in the opinion of the first court, apart from this Act and any law of a State relating to cross-vesting of jurisdiction and apart from any accrued jurisdiction of the Federal Court or the Family Court, the relevant proceeding or a substantial part of the relevant proceeding would have been incapable of being instituted in the first court and capable of being instituted in the Federal Court or the Family Court;
(B) the extent to which, in the opinion of the first court, the matters for determination in the relevant proceeding are matters arising under or involving questions as to the application, interpretation or validity of a law of the Commonwealth and not within the jurisdiction of the first court apart from this Act and any law of a State relating to cross-vesting of jurisdiction; and
(C) the interests of justice;
it is more appropriate that the relevant proceeding be determined by the Federal Court or the Family Court, as the case may be; or
(iii) it is otherwise in the interests of justice that the relevant proceeding be determined by the Federal Court or the Family Court;
the first court shall transfer the relevant proceeding to the Federal Court or the Family Court, as the case may be.
(2) Where:
(a) a proceeding (in this subsection referred to as the relevant proceeding) is pending in the Supreme Court of a State or Territory (in this subsection referred to as the first court); and
(b) it appears to the first court that:
(i) the relevant proceeding arises out of, or is related to, another proceeding pending in the Supreme Court of another State or Territory and it is more appropriate that the relevant proceeding be determined by that other Supreme Court;
(ii) having regard to:
(A) whether, in the opinion of the first court, apart from this Act and any law of a State relating to cross-vesting of jurisdiction, the relevant proceeding or a substantial part of the relevant proceeding would have been incapable of being instituted in the first court and capable of being instituted in the Supreme Court of another State or Territory;
(B) the extent to which, in the opinion of the first court, the matters for determination in the relevant proceeding are matters arising under or involving questions as to the application, interpretation or validity of a law of the State or Territory referred to in sub-subparagraph (A) and not within the jurisdiction of the first court apart from this Act and any law of a State relating to cross-vesting of jurisdiction; and
(C) the interests of justice;
it is more appropriate that the relevant proceeding be determined by that other Supreme Court; or
(iii) it is otherwise in the interests of justice that the relevant proceeding be determined by the Supreme Court of another State or Territory;
the first court shall transfer the relevant proceeding to that other Supreme Court.
(3) Where:
(a) a proceeding (in this subsection referred to as the relevant proceeding) is pending in the Supreme Court of a State or the State Family Court of that State (in this subsection referred to as the first court); and
(b) it appears to the first court that:
(i) the relevant proceeding arises out of, or is related to, another proceeding pending in the other of the courts referred to in paragraph (a) and it is more appropriate that the relevant proceeding be determined by that other court;
(ii) having regard to:
(A) whether, in the opinion of the first court, apart from this Act and any law of a State relating to cross-vesting of jurisdiction, the relevant proceeding or a substantial part of the relevant proceeding would have been incapable of being instituted in the first court and capable of being instituted in the other of the courts referred to in paragraph (a); and
(B) the interests of justice;
it is more appropriate that the relevant proceeding be determined by the other of the courts referred to in paragraph (a); or
(iii) it is otherwise in the interests of justice that the relevant proceeding be determined by the other of the courts referred to in paragraph (a);
the first court shall transfer the relevant proceeding to that other court.
(4) Where:
(a) a proceeding (in this subsection referred to as the relevant proceeding) is pending in the Federal Court or the Family Court (in this subsection referred to as the first court); and
(b) it appears to the first court that:
(i) the relevant proceeding arises out of, or is related to, another proceeding pending in the Supreme Court of a State or Territory and it is more appropriate that the relevant proceeding be determined by that Supreme Court;
(ii) having regard to:
(A) whether, in the opinion of the first court, the relevant proceeding or a substantial part of it would have been incapable of being instituted in that court, apart from this Act and any law of the Australian Capital Territory or the Northern Territory relating to cross‑vesting of jurisdiction; and
(B) whether, in the opinion of the first court, the relevant proceeding or a substantial part of it would have been capable of being instituted in the Supreme Court of a State or Territory, apart from this Act and any law of a State or Territory relating to cross‑vesting of jurisdiction; and
(C) the extent to which, in the opinion of the first court, the matters for determination in the relevant proceeding are matters arising under or involving questions as to the application, interpretation or validity of a law of the State or Territory referred to in sub‑subparagraph (B) and not within the jurisdiction of the first court apart from this Act and any law of the Australian Capital Territory or the Northern Territory relating to cross‑vesting of jurisdiction; and
(D) the interests of justice;
it is more appropriate that the relevant proceeding be determined by that Supreme Court; or
(iii) it is otherwise in the interests of justice that the relevant proceeding be determined by the Supreme Court of a State or Territory;
the first court shall transfer the relevant proceeding to that Supreme Court.
(5) Where:
(a) a proceeding (in this subsection referred to as the relevant proceeding) is pending in the Federal Court or the Family Court (in this subsection referred to as the first court); and
(b) it appears to the first court that:
(i) the relevant proceeding arises out of, or is related to, another proceeding pending in the other of the courts referred to in paragraph (a) and it is more appropriate that the relevant proceeding be determined by the other of the courts referred to in paragraph (a); or
(ii) it is otherwise in the interests of justice that the relevant proceeding be determined by the other of the courts referred to in paragraph (a);
the first court shall transfer the relevant proceeding to that other court.
(6) Where:
(a) a court (in this subsection referred to as the first court) transfers a proceeding to another court under a law or laws relating to cross-vesting of jurisdiction; and
(b) it appears to the first court that:
(i) there is another proceeding pending in the first court that arises out of, or is related to, the first-mentioned proceeding; and
(ii) it is in the interests of justice that the other proceeding be determined by the other court;
the first court shall transfer the other proceeding to the other court.
(7) A court may transfer a proceeding under this section on the application of a party to the proceeding, of its own motion or on the application of the Attorney-General of the Commonwealth or of a State or Territory.
(8) A person who is entitled to practise as a barrister or a solicitor, or as both a barrister and a solicitor, in a court has, if a proceeding (in this subsection referred to as the transferred proceeding) in that court is transferred to another court under a law or laws relating to cross-vesting of jurisdiction, the same entitlement to practise in relation to:
(a) the transferred proceeding; and
(b) any other proceeding out of which the transferred proceeding arises or to which the transferred proceeding is related, being another proceeding that is to be determined together with the transferred proceeding;
in the other court that the person would have if the other court were a federal court exercising federal jurisdiction.
(9) Nothing in this section confers on a court jurisdiction that the court would not otherwise have.
Note: This section has effect subject to section 6 (Special federal matters: general rules) and section 6A (Special federal matters: Commonwealth authorities or officers acting under the laws of States).
(1) If:
(a) a matter for determination in a proceeding that is pending in the Supreme Court of a State or Territory is a special federal matter; and
(b) the court does not make an order under subsection (3) in respect of the matter;
the court must transfer the proceeding in accordance with this section to the Federal Court or a court mentioned in paragraph (2)(b).
Note: This section has effect subject to section 6A (Special federal matters: Commonwealth authorities or officers acting under the laws of States).
(1A) However, the court must only transfer so much of the proceeding as is, in the opinion of the court, within the jurisdiction (including the accrued jurisdiction) of the Federal Court, or the court mentioned in paragraph (2)(b), as the case may be.
(2) If the court orders that a proceeding or part of a proceeding be transferred, the proceeding or part of the proceeding must be transferred:
(a) if the matter for determination in the proceeding is a matter mentioned in paragraph (a), (b), (c) or (e) of the definition of special federal matter in subsection 3(1)—to the Federal Court; or
(b) if the matter for determination in the proceeding is a matter mentioned in paragraph (ab) of that definition—to whichever of the Family Court, the Family Court of Western Australia or the Supreme Court of the Northern Territory, in the opinion of the court, is appropriate in the circumstances.
(3) The Supreme Court may order that the proceeding be determined by that court if it is satisfied that there are special reasons for doing so in the particular circumstances of the proceeding other than reasons relevant to the convenience of the parties.
(4) Before making an order under subsection (3), the court must be satisfied that:
(a) a written notice specifying the nature of the special federal matter has been given to the Attorney-General of the Commonwealth and the Attorney-General of the State or Territory where the proceeding is pending; and
(b) a reasonable time has elapsed since the giving of the notice for the Attorneys-General to consider whether submissions to the court should be made in relation to the proceeding.
(5) For the purposes of subsection (4), the court:
(a) may adjourn the proceeding for such time as the court thinks necessary and may make such order as to costs in relation to an adjournment as it thinks fit; and
(b) may direct a party to the proceeding to give a notice in accordance with that subsection.
(6) In considering whether there are special reasons for the purposes of subsection (3), the court must:
(a) have regard to the general rule that special federal matters should be heard by the Federal Court or a court mentioned in paragraph (2)(b), whichever is appropriate in the particular case; and
(b) take into account any submission made in relation to the proceeding by an Attorney-General mentioned in subsection (4).
(7) The Attorney-General may authorise the payment by the Commonwealth to a party of an amount in respect of costs arising out of the adjournment of a proceeding under this section, under a corresponding provision of a law of a State or under this section and under such a provision.
(8) Nothing in this section prevents the court granting urgent relief of an interlocutory nature if it is in the interests of justice to do so.
(9) Where, through inadvertence, the Supreme Court of a State or Territory determines a proceeding of the kind mentioned in subsection (1) without:
(a) the court making an order under subsection (3) that the proceeding be determined by that court; or
(b) a notice mentioned in subsection (4) being given;
nothing in this section invalidates the decision of that court.
(10) This section does not apply to an appeal that is instituted in the Full Court of the Supreme Court of a State or Territory if the court whose decision is the subject of the appeal had made an order under subsection (3), or under subsection 6(1) as in force before the commencement of the amendments of this Act made by the Law and Justice Legislation Amendment Act (No. 3) 1992, in relation to the special federal matter.
(1) This section applies to a proceeding (the federal matter proceeding) if:
(a) a matter for determination in the proceeding is covered by paragraph (c) or (e) of the definition of special federal matter in subsection 3(1); and
(b) the matter for determination in the proceeding involves or relates to the exercise, or purported or proposed exercise, of functions or powers conferred on a Commonwealth authority, or officer of the Commonwealth, by an enactment (the State enactment) referred to in paragraph (ca) or (cb) of the definition of enactment in subsection 3(1) of the Administrative Decisions (Judicial Review) Act 1977; and
(c) the matter for determination in the proceeding arises out of, or relates to, another proceeding (the State matter proceeding) pending in any court of any State:
(i) that arises, or a substantial part of which arises, under the State enactment or a corresponding enactment of another State; and
(ii) none of the matters for determination in which are covered by paragraph (c) or (e) of the definition of special federal matter in subsection 3(1);
regardless of which proceeding was commenced first.
Note: Paragraph (c) of the definition of special federal matter in subsection 3(1) refers to matters arising under the Administrative Decisions (Judicial Review) Act 1977, and paragraph (e) of that definition refers to matters that are within the original jurisdiction of the Federal Court by virtue of section 39B of the Judiciary Act 1903.
(2) If:
(a) the federal matter proceeding is pending in the Federal Court or the Family Court; and
(b) having regard to the interests of justice, including the desirability of related proceedings being heard in the same jurisdiction, the Federal Court or the Family Court considers it appropriate to transfer the proceeding to the Supreme Court of the State in which the State matter proceeding is pending;
the Federal Court or the Family Court may transfer the proceeding to that Supreme Court. Subsection 5(4) does not apply to the federal matter proceeding.
(3) If:
(a) the federal matter proceeding is pending in the Supreme Court of a State; and
(b) the State matter proceeding is pending in any court of that State;
neither subsection 5(1) nor section 6 applies to require the Supreme Court to transfer the federal matter proceeding to the Federal Court or the Family Court. However, the Supreme Court may do so if it considers that to be appropriate, having regard to the interests of justice, including the desirability of related proceedings being heard in the same jurisdiction.
(4) Nothing in this section confers on a court jurisdiction that the court would not otherwise have.
(5) The fact that references in this section to the interests of justice include the desirability of related proceedings being heard in the same jurisdiction does not of itself mean that references to the interests of justice elsewhere in this Act do not include that matter.
(6) In this section:
Commonwealth authority means an authority or other body (whether incorporated or not) that is established or continued in existence by or under an Act.
officer of the Commonwealth has the same meaning as in paragraph 75(v) of the Constitution.
(1) An appeal shall not be instituted from a decision of a single judge of the Federal Court or the Family Court to the Full Court of the Supreme Court of a State or Territory.
(2) An appeal shall not be instituted from the Federal Court or the Family Court to the other of those courts.
(3) Where it appears that the only matters for determination in a proceeding by way of an appeal from a decision of a single judge of the Supreme Court of a State or Territory are matters other than matters arising under an Act specified in the Schedule, that proceeding shall be instituted only in, and shall be determined only by, the Full Court of the Supreme Court of that State or Territory.
(4) An appeal shall not be instituted from a decision of a court of summary jurisdiction of a State to the Supreme Court of the State if an appeal lies from that decision to the State Family Court of the State.
(5) Subject to subsections (7) and (8), where it appears that a matter for determination in a proceeding by way of an appeal from a decision of a single judge of the Supreme Court of a State or Territory (not being a proceeding to which subsection (6) applies) is a matter arising under an Act specified in the Schedule, that proceeding shall be instituted only in, and shall be determined only by:
(a) the Full Court of the Federal Court or of the Family Court, as the case requires; or
(b) with special leave of the High Court, the High Court.
(6) A proceeding by way of an appeal from a decision of a judge of a State Family Court, being a proceeding involving the determination of:
(a) a matter arising under an Act specified in the Schedule; and
(b) another matter;
may be dealt with as if no matter for determination in the proceeding were a matter arising under an Act specified in the Schedule.
(7) Where:
(a) the Full Court of the Supreme Court of a State or Territory commences to hear a proceeding by way of an appeal; and
(b) before the Court determines the proceeding, it appears to the Court that the proceeding is a proceeding to which subsection (5) applies;
the Court shall, unless the interests of justice require that the Court proceed to determine the proceeding, transfer the proceeding to the Full Court of the Federal Court or of the Family Court, as the case requires.
(8) Where the Full Court of the Supreme Court of a State or Territory:
(a) determines a proceeding to which subsection (5) applies as mentioned in subsection (7); or
(b) through inadvertence, determines a proceeding to which subsection (5) applies;
nothing in this section invalidates the decision of that court.
(1) Where:
(a) a proceeding (in this subsection referred to as the relevant proceeding) is pending in:
(i) a court, other than the Supreme Court, of a Territory; or
(ii) a tribunal established by or under a law of a Territory; and
(b) it appears to the Supreme Court of that Territory that:
(i) the relevant proceeding arises out of, or is related to, another proceeding pending in the Federal Court, the Family Court, the Supreme Court of a State or the Supreme Court of another Territory and, if an order is made under this subsection in relation to the relevant proceeding, there would be grounds on which that other proceeding could be transferred to the Supreme Court of that first-mentioned Territory; or
(ii) an order should be made under this subsection in relation to the relevant proceeding so that consideration can be given to whether the relevant proceeding should be transferred to another court;
the Supreme Court of that first-mentioned Territory may, on the application of a party to the relevant proceeding or of its own motion, make an order removing the relevant proceeding to that Supreme Court.
(2) Where an order is made under subsection (1) in relation to a proceeding, this Act applies in relation to the proceeding as if it were a proceeding pending in the court to which it was removed.
(3) Where a proceeding is removed to a court in accordance with an order made under subsection (1), that court may, if the court considers it appropriate to do so, remit the proceeding to the court or tribunal from which the proceeding was removed.
(1) Nothing in this or any other Act is intended to override or limit the operation of a provision of a law of a State relating to cross-vesting of jurisdiction.
(2) The Supreme Court of a Territory may:
(a) exercise jurisdiction (whether original or appellate) conferred on that court by a provision of this Act or of a law of a State relating to cross-vesting of jurisdiction; and
(b) hear and determine a proceeding transferred to that court under such a provision.
(3) The Federal Court or the Family Court may:
(a) exercise jurisdiction (whether original or appellate) conferred on that court by a provision of this Act or of a law of the Australian Capital Territory or the Northern Territory relating to cross‑vesting of jurisdiction; and
(b) hear and determine a proceeding transferred to that court under such a provision.
Where:
(a) a proceeding is pending in the Federal Court, the Family Court or the Supreme Court of a State or Territory;
(b) a matter for determination in the proceeding is a matter arising under Part IVA or Division 1 or 1A of Part V of the Trade Practices Act 1974;
(c) no matter for determination in the proceeding is a special federal matter;
(d) the proceeding is not a proceeding by way of an appeal from a judgment of a court; and
(e) a court of a State or Territory, other than the Supreme Court of that State or Territory, has jurisdiction with respect to all of the matters for determination in the proceeding;
the court referred to in paragraph (a) may, on the application of a party to the proceeding or of its own motion, transfer the proceeding to the court referred to in paragraph (e).
(1) Where it appears to a court that the court will, or will be likely to, in determining a matter for determination in a proceeding, be exercising jurisdiction conferred by this Act or by a law of a State relating to cross-vesting of jurisdiction:
(a) subject to paragraphs (b) and (c), the court shall, in determining that matter, apply the law in force in the State or Territory in which the court is sitting (including choice of law rules);
(b) subject to paragraph (c), if that matter is a right of action arising under a written law of another State or Territory, the court shall, in determining that matter, apply the written and unwritten law of that other State or Territory; and
(c) the rules of evidence and procedure to be applied in dealing with that matter shall be such as the court considers appropriate in the circumstances, being rules that are applied in a superior court in Australia or in an external Territory.
(2) The reference in paragraph (1)(a) to the State or Territory in which the court is sitting is, in relation to the Federal Court or the Family Court, a reference to the State or Territory in which any matter for determination in the proceeding was first commenced in or transferred to that court.
(3) Where a proceeding is transferred or removed to a court (in this subsection referred to as the transferee court) from another court (in this subsection referred to as the transferor court), the transferee court shall deal with the proceeding as if, subject to any order of the transferee court, the steps that had been taken for the purposes of the proceeding in the transferor court (including the making of an order), or similar steps, had been taken in the transferee court.
Where a proceeding is transferred or removed to a court, that court may make an order as to costs that relate to the conduct of the proceeding before the transfer or removal if those costs have not already been dealt with by another court.
An appeal does not lie from a decision of a court:
(a) in relation to the transfer or removal of a proceeding under this Act; or
(b) as to which rules of evidence and procedure are to be applied pursuant to subsection 11(1).
(1) A judgment of the Federal Court or the Family Court that is given, in whole or in part, in the exercise of jurisdiction conferred by a law or laws relating to cross-vesting of jurisdiction is enforceable in a Territory as if the judgment had been given entirely in the exercise of the jurisdiction of that court apart from any such law.
(2) A judgment of the Supreme Court of a Territory that is given, in whole or in part, in the exercise of jurisdiction conferred by a law or laws relating to cross-vesting of jurisdiction is enforceable in that Territory as if the judgment had been given entirely in the exercise of the jurisdiction of that court apart from any such law.
(3) Where:
(a) a provision of a law of the Commonwealth or of a Territory (not being a law relating to the enforcement of judgments) refers to a thing done by the Federal Court, the Family Court or the Supreme Court of that Territory; and
(b) that thing is done by another court in the exercise of jurisdiction conferred by this Act;
the reference in that provision to the Federal Court, the Family Court or the Supreme Court of that Territory, as the case may be, shall be read as a reference to that other court.
This Act shall be read and construed subject to the Constitution, and so as not to exceed the legislative power of the Commonwealth, to the intent that if this Act would, but for this section, have been construed as being in excess of that power, it shall nevertheless be valid to the extent to which it is not in excess of that power.
(1) Subject to subsection (2), the Governor-General may, if a Proclamation has not been made under subsection (4), by Proclamation, declare that the operation of this Act is suspended from a day (being a day not earlier than 3 years after the commencement of this Act) specified in the Proclamation and, where such a Proclamation is made, this Act ceases to be in force from that day until a Proclamation is made under subsection (3) revoking the first-mentioned Proclamation.
(2) The Governor-General shall not make a Proclamation under subsection (1) having effect from a particular day unless the Governor-General is satisfied that the Attorney-General has given notice of his or her intention to seek the making of such a Proclamation to each State (other than a State in relation to which a Proclamation under subsection (5) has been made) not less than 6 months before that day.
(3) Where the Governor-General has made a Proclamation under subsection (1), the Governor-General may, by Proclamation, revoke the first-mentioned Proclamation.
(4) Where the Governor-General is satisfied that State Acts relating to cross-vesting of jurisdiction are not effective to confer jurisdiction of the Supreme Courts of the States on the Federal Court or the Family Court, the Governor-General may, by Proclamation, declare that this Act shall, on a day specified in the Proclamation, cease to be in force and, where such a Proclamation is made, this Act ceases to be in force on that day.
(5) Where the Governor-General is satisfied that an Act of a particular State relating to cross-vesting of jurisdiction has been repealed, rendered inoperative, suspended or altered in a substantial manner, the Governor-General may, by Proclamation, declare that this Act shall, on a day specified in the Proclamation, cease to be in force in relation to that State and, where such a Proclamation is made, this Act ceases to be in force in relation to that State on that day.
(6) Where:
(a) the Governor-General has made a Proclamation under subsection (5) in relation to a State; and
(b) the Governor-General is satisfied that there is in force an Act of that State relating to cross-vesting of jurisdiction, being an Act in terms substantially corresponding to the terms of this Act;
the Governor-General may, by Proclamation, declare that this Act again applies in relation to that State from a day specified in the Proclamation and, where such a Proclamation is made, this Act applies in relation to that State on and after that day.
