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FEDERAL MAGISTRATES (CONSEQUENTIAL AMENDMENTS) ACT 1999 NO. 194, 1999 - SCHEDULE 25
- Amendment of the Trade Practices Act 1974
1 Section 75AS
Omit "Subsection 75B(2) and sections 86,", substitute
"Subsections 75B(2) and 86(1), (2), (3) and (4) and sections".
2 After
subsection 86(1)
Insert:
- (1A)
- Jurisdiction is conferred on the Federal
Magistrates Court in any matter arising under Division 1 or 1A of Part V in
respect of which a civil proceeding is instituted by a person other than the
Minister or the Commission.
3 Subsection 86(4)
Omit "other than the jurisdiction of the several courts of
the States and Territories under subsection (2) and the jurisdiction of the
High Court under section 75 of the Constitution.", substitute: other than:
- (a)
- the jurisdiction of the Federal Magistrates Court under subsection (1A);
and
- (b)
- the jurisdiction of the several courts of the States and Territories under
subsection (2); and
- (c)
- the jurisdiction of the High Court under section 75 of the Constitution.
4 After section 86
Insert: 86AA Limit on jurisdiction of Federal Magistrates
Court in proceedings under section 82
If proceedings are instituted in the Federal Magistrates Court under section
82, the Federal Magistrates Court does not have jurisdiction to award an
amount for loss or damage that exceeds:
- (a)
- $200,000; or
- (b)
- if another amount is specified in the regulationsthat other amount.
- Note: For transfers from the Federal Magistrates Court to the Federal Court,
see section 39 of the Federal Magistrates Act 1999 .
5 Subsection 151AQA(1)
After "15(1)(a) and (b)", insert "and 15A(1)(a) and
(b)".
6 At the end of section 151AQA
Add:
- (4)
- If:
- (a)
- a person applies to the Federal Magistrates Court under the
Administrative Decisions (Judicial Review) Act 1977 for review of a decision
to issue a competition notice; and
- (b)
- any relevant proceedings have been instituted under Division 7 of this
Part;
the Federal Magistrates Court or a Federal Magistrate may, by order, on such
conditions as the Court or the Federal Magistrate thinks fit, stay those
proceedings.
7 Subsection 152DNB(1)
After "15(1)(a) and (b)", insert "and 15A(1)(a) and
(b)".
[ Minister's second reading speech made in
House of
Representatives on 24 June 1999
Senate on 20 October 1999 ]
(119/99)