Section 86
Jurisdiction of courts [see note 2*]

(1AA) A reference in this section to this Act, or to a Part, Division or section of this Act, is a reference to this Act, or to that Part, Division or section, as it has effect as a law of the Commonwealth.

(1) Jurisdiction is conferred on the Federal Court in any matter arising under this Act in respect of which a civil proceeding has, whether before or after the commencement of this section, been instituted under this Part or has been instituted in relation to subsection 2(1) of the Australian Consumer Law (as applied under Division 1 of Part XI).

(1A) Jurisdiction is conferred on the Federal Circuit Court in any matter arising under section 46, Part IVB or section 55B in respect of which a civil proceeding is instituted by a person other than the Minister.

(2) The several courts of the States are invested with federal jurisdiction within the limits of their several jurisdictions, whether those limits are as to locality, subject-matter or otherwise, and, subject to the Constitution, jurisdiction is conferred on the several courts of the Territories, with respect to any matter arising under Part IVB in respect of which a civil proceeding is instituted by a person other than the Minister or the Commission.

(3) Nothing in subsection (2) shall be taken to enable an inferior court of a State or Territory to grant a remedy other than a remedy of a kind that the court is able to grant under the law of that State or Territory.

(3A) The Supreme Court of a State is invested with federal jurisdiction with respect to any matter in respect of which a civil proceeding covered by section 44ZZRI is instituted in that Court.

(3B) Subject to the Constitution, the Supreme Court of a Territory is conferred with jurisdiction with respect to any matter in respect of which a civil proceeding covered by section 44ZZRI is instituted in that Court.

(4) The jurisdiction conferred by subsection (1) on the Federal Court is exclusive of the jurisdiction of any other court other than:

(a) the jurisdiction of the Federal Circuit Court under subsection (1A); and

(b) the jurisdiction of the several courts of the States and Territories under subsection (2); and

(ba) the jurisdiction of the Supreme Courts of the States under subsection (3A); and

(bb) the jurisdiction of the Supreme Courts of the Territories under subsection (3B); and

(c) the jurisdiction of the High Court under section 75 of the Constitution.

Note 2

Note 2 provides, relevantly

Subsection ... 86(1) ... - Schedule 5 (items 36, 50, 54 (Note), 65, 71, 74, 90 and 96) of the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 (No. 103, 2010) provide as follows:

Schedule 5

74 Subsection 86(1) Omit "or has been instituted in relation to subsection 2(1) or 6(1) of the Australian Consumer Law (as applied under Division 1 of Part XI)".

...

The proposed amendments were misdescribed and are not incorporated in this compilation.

Amended by Competition and Consumer Amendment (Payment Surcharges) Act 2016 (Act 9 of 2016)

In paragraph 86(1A) omit 'or Part IVB' and substitute 'Part IVB or section 55B'

Amended by Federal Circuit Court of Australia (Consequential Amendments) Act 2013

Reference to Federal Magistrates Court replaced with Federal Circuit Court.

Forthcoming