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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 regulations—that 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)



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