After section 464 of the Principal Act , the following section is inserted in Division 2:

464A.     Federal diversity jurisdiction

(1)  Subsection (2) applies in relation to a matter to which a complaint made to the Board relates, if –

(a) the Board considers that the matter is capable of amounting to unsatisfactory professional conduct; and

(b) the Board considers that –

(i) the Board does not have jurisdiction to make a determination under Part 4.5 in relation to the matter; or

(ii) there is some doubt as to whether the Board has jurisdiction to make a determination under Part 4.5 in relation to the matter –

because the Board’s determination of the matter may involve the exercise of jurisdiction of the kind referred to in section 75 or 76 of the Constitution of the Commonwealth; and

(c) the Board considers that the Board would otherwise have had jurisdiction to make a determination under Part 4.5 in relation to the matter.

(2)  If this subsection applies in relation to a matter to which a complaint made to the Board relates –

(a) the Board –

(i) if subsection (1)(b)(i) applies in relation to the matter – must dismiss the complaint; or

(ii) if subsection (1)(b)(ii) applies in relation to the matter – may dismiss the complaint; and

(b) the Board may, if –

(i) the Board dismisses the complaint under paragraph (a) ; and

(ii) the period in which an application may be made under section 458(1) in relation to the dismissal under paragraph (a) of the complaint has expired and no such application has been made –

make, despite section 433(1)(b) , a complaint within 60 days in relation to the matter and make an application to the Tribunal under section 464 for the hearing and determination of the complaint.

(3)  If the Board, under subsection (2)  –

(a) dismisses a complaint in relation to a matter; and

(b) makes a complaint in relation to the matter and makes to the Tribunal under section 464 an application to the Tribunal for the hearing and determination of the complaint –

the complaint referred to in paragraph (b) is to be taken to have been made when the complaint referred to in paragraph (a) was made to the Board.

(4)  Subsection (5) applies in relation to a matter if –

(a) an application is –

(i) made to the Tribunal under section 458 in relation to the matter; or

(ii) made to the Tribunal under section 464 in relation to a complaint that relates to the matter; and

(b) the Tribunal –

(i) considers that the Tribunal does not have jurisdiction to make a determination under this Part in relation to the matter; or

(ii) considers that there is some doubt as to whether the Tribunal has jurisdiction to make a determination under this Part in relation to the matter –

because the Tribunal’s determination may involve the exercise of jurisdiction of the kind referred to in section 75 or 76 of the Constitution of the Commonwealth.

(5)  If this subsection applies in relation to a matter, the Tribunal –

(a) if subsection (4)(b)(i) applies in relation to the matter – must dismiss the complaint to which the matter relates; or

(b) if subsection (4)(b)(ii) applies in relation to the matter – may dismiss the complaint to which the matter relates.

(6)  If the Tribunal, under subsection (5) , dismisses a complaint to which an application under section 458 or section 464 relates, the Tribunal must include in the notice given under section 482 in relation to the matter a statement that the person may make an application to the Supreme Court under section 486 to hear and determine a complaint in relation to the matter to which the dismissed complaint related.

(7)  If a person, within 21 days after receiving a notice under section 482 in relation to a complaint that has been dismissed under subsection (5) , makes an application to the Supreme Court under section 486 to hear and determine a complaint in relation to the matter to which the dismissed complaint related, the complaint to which the application relates is taken to have been made –

(a) on the day on which the dismissed complaint was made to the Board or the Tribunal, whichever was the earlier; or

(b) if the application was made by the Board in accordance with subsection (2)  – on the day on which the dismissed complaint is to be taken under subsection (3) to have been made.