Section 5 of the Principal Act is amended as follows:

(a) by omitting subparagraph (i) from subsection (1)(b) ;

(b) by omitting from subsection (1)(b)(ii)(A) "this Act and" ;

(c) by omitting from subsection (1)(b)(ii) "be; or" and substituting "be –" ;

(d) by omitting subparagraph (iii) from subsection (1)(b) ;

(e) by omitting subparagraph (ii) from subsection (4)(b) and substituting the following subparagraph:

(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 any law of the Commonwealth or another State 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, apart from any law of the Commonwealth or another State 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 and not within the jurisdiction of the first court apart from any law of the Commonwealth or another State relating to cross-vesting of jurisdiction; and

(D) the interests of justice –

it is more appropriate that the relevant proceeding be determined by the Supreme Court; or

(f) by omitting subsection (5) ;

(g) by inserting the following subsection after subsection (8) :

(9)  Nothing in this section confers on a court jurisdiction that the court would not otherwise have.