Commonwealth Numbered Acts

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COMMONWEALTH PLACES (MIRROR TAXES) ACT 1998 No. 24, 1998 - SECT 10

Jurisdiction of courts (1) Within the limits of their several jurisdictions, the courts of a State are invested with federal jurisdiction in all matters arising under an applied law as having, or as having had, effect in relation to a Commonwealth place. For this purpose, limits means limits of any kind, whether as to subject matter or otherwise, but does not include any limitation that exists by reason of a place being a Commonwealth place.

(2) The jurisdiction conferred by subsection (1) in relation to matters arising under an applied law is to be exercised in accordance with the applied law.

(3) Among other things, modifications under section 8 may modify an applied law so that the applied law, as modified, makes provision for and in relation to investing a court of a State with federal jurisdiction, whether within the limits of its jurisdiction or otherwise.

(4) The jurisdiction with which courts are invested by subsection (1) or by modifications under section 8, is invested subject to the restriction in subsection (5) of this section, but not subject to any other conditions or restrictions.

(5) If a State law prohibits any appeal from such a court, then an appeal does not lie to the High Court from a decision of that court unless the High Court grants special leave to appeal.

(6) Nothing in this Act affects the operation of section 38 of the Judiciary Act 1903 .

(7) Unless the High Court gives special leave to appeal, an appeal does not lie to the High Court from a judgment, decree, order or sentence of:

if any ground relied upon in support of the appeal involves a question as to the operation or interpretation of section 52 of the Constitution in relation to a place (not being the seat of government).


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