Administrative Decisions (Judicial Review) Act 1977

SECTION 9   LIMITATION OF JURISDICTION OF STATE COURTS  

9(1)   [No jurisdiction to review]  

Notwithstanding anything contained in any Act other than this Act, a court of a State does not have jurisdiction to review:


(a) a decision to which this section applies that is made after the commencement of this Act;


(b) conduct that has been, is being, or is proposed to be, engaged in for the purpose of making a decision to which this section applies;


(c) a failure to make a decision to which this section applies; or


(d) any other decision given, or any order made, by an officer of the Commonwealth or any other conduct that has been, is being, or is proposed to be, engaged in by an officer of the Commonwealth, including a decision, order or conduct given, made or engaged in, as the case may be, in the exercise of judicial power.

Note:

This subsection has effect subject to the Jurisdiction of Courts (Cross-vesting) Act 1987 and to subsection 1337B(3) of the Corporations Act 2001 .

9(2)   [Interpretation]  

In this section:

"decision to which this section applies"
means:


(a) a decision that is a decision to which this Act applies; or


(b) a decision of an administrative character that is included in any of the classes of decisions set out in Schedule 1 ;

"officer of the Commonwealth"
(Repealed by No 57 of 2000)

"review"
means review by way of:


(a) the grant of an injunction;


(b) the grant of a prerogative or statutory writ (other than a writ of habeas corpus ) or the making of any order of the same nature or having the same effect as, or of a similar nature or having a similar effect to, any such writ; or


(c) the making of a declaratory order.

9(3)  


(Repealed by No 57 of 2000)

9(4)   [Section not to affect]  

This section does not affect:


(a) (Repealed by No 44 of 1996)


(b) the jurisdiction conferred on the Supreme Court of a State by section 32A of the Federal Court of Australia Act 1976 ; or


(c) the jurisdiction of a court of a State in respect of any matter that is pending before it at the commencement of this Act.


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.