South Australian Consolidated Acts South Australian Consolidated ActsSchedule—Savings and transitional provisions
In this Schedule—
amending provisions means sections 3 to 16 (inclusive) of the Corporations
(South Australia) (Jurisdiction) Amendment Act 1995 ;
Court means the Federal Court of Australia or the Supreme Court of a State or
Territory.
The amendments made by the amending provisions apply to proceedings commenced,
or recommenced, after the commencement of the amending provisions, whether the
cause of action arose before or after that commencement.
3—Effect of decision that court did not have jurisdiction
(1) This clause
applies if—
(a)
before the commencement of the amending provisions, proceedings in respect of
a civil matter under the Corporations Law of South Australia were commenced in
a court (the first court ) other than the Court; and
(b) the
first court, or another court on appeal from a decision of the first court,
decided before the commencement of the amending provisions that the
first court did not have jurisdiction in respect of the matter; and
(c) the
decision that the first court did not have jurisdiction still stands at the
commencement of the amending provisions; and
(d) the
first court would have had jurisdiction in respect of the matter if the
amending provisions had commenced before the cause of action arose.
(2) The validity of
the decision that the first court did not have jurisdiction is not affected by
the amendments made by the amending provisions.
(3) That decision does
not affect a recommencement of the proceedings after the commencement of the
amending provisions.
4—Effect of absence of decision that court did not have jurisdiction
(1) This clause
applies if—
(a)
before the commencement of the amending provisions, proceedings in respect of
a civil matter under the Corporations Law of South Australia were commenced in
a court (the first court ) other than the Court; and
(b)
either—
(i)
no court expressly decided, before the commencement of
the amending provisions, whether the first court had jurisdiction in respect
of the matter; or
(ii)
a decision of the first court, or of another court on
appeal from a decision of the first court, that the first court did have
jurisdiction in respect of the matter still stands at the commencement of the
amending provisions.
(2) For the purposes
of any consideration by a court, after the commencement of the amending
provisions, of whether the first court had jurisdiction in respect of the
matter, the first court is taken to have had jurisdiction in respect of the
matter if it would have had that jurisdiction if the amending provisions had
commenced before the cause of action arose.
(1) In this
clause—
commencement means the commencement of section 42AA;
related criminal justice process decision , in relation to an offence, has the
same meaning as in section 42AA.
(2) Section 42AA
applies in relation to—
(a) a
decision made on or after the commencement to prosecute a person for an
offence, even if the conduct alleged to give rise to the offence occurred
before that commencement; or
(b) a
related criminal justice process decision made on or after the commencement in
relation to an offence, even if either or both of the following apply:
(i)
the conduct alleged to give rise to the offence occurred
before the commencement;
(ii)
the prosecution of the offence, or an appeal arising out
of the prosecution, was commenced before the commencement.
(3) Section 42AA
also applies in relation to—
(a) a
decision made before the commencement to prosecute a person for an offence,
even if that decision is the subject of an application that is before a court
at the commencement; or
(b) a
related criminal process decision made before the commencement in relation to
an offence, even if either or both of the following apply:
(i)
the decision is the subject of an application that is
before a court at the commencement; or
(ii)
the prosecution of the offence, or an appeal arising out
of that prosecution, was commenced before the commencement.