Western Australian Consolidated Acts

FEDERAL COURTS (STATE JURISDICTION) ACT 1999 - SECT 12B

12B .         Jurisdiction of State courts

        (1)         An applied law that would exclude the jurisdiction of any or all State courts is to be regarded as being modified so as not to have that effect.

        (2)         Despite anything in any Act, the regulations may make provision for or with respect to enabling jurisdiction that would be conferred under an applied law (but for that provision not being applied to some extent) to be exercised by courts of this jurisdiction and, for that purpose, may —

            (a)         provide that an applied law does not have effect, or has effect with the modifications specified in the regulations;

            (b)         confer jurisdiction on courts of this jurisdiction; and

            (c)         provide for associated, procedural and consequential matters.

        (3)         To the extent that, because of this Part, the laws of the Commonwealth do not apply to an offence against an applied law, the offence is to be regarded as a crime under the laws of this jurisdiction, but it may be dealt with summarily if the prosecutor and the accused both agree.

        [Section 12B inserted by No. 32 of 2001 s. 15; amended by No. 84 of 2004 s. 82.]