Commonwealth Consolidated Acts

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ADMIRALTY ACT 1988 - SECT 39

Jurisdictional limits

  (1)   Subject to any Proclamation made under subsection   11(2), where a court of a State is invested with jurisdiction in relation to a proceeding commenced as an action in rem , or such jurisdiction is conferred on a court of a Territory, by or under this Act, then:

  (a)   in the case of a court of a State--the court is invested with the jurisdiction within the limits of the jurisdiction of that court as to the amount claimed and as to remedies, but not otherwise; and

  (b)   in the case of a court of a Territory--the jurisdiction is conferred on the court only so far as the Constitution permits and within the limits of the jurisdiction of that court as to the amount claimed, as to locality and as to remedies, but not otherwise.

  (2)   Where a court of a State is invested with jurisdiction in relation to a proceeding commenced under section   9 or such jurisdiction is conferred on a court of a Territory, the jurisdiction is invested or conferred within the limits of the jurisdiction of the court concerned and, in the case of a court of a Territory, only so far as the Constitution permits.

  (3)   Section   15C of the Acts Interpretation Act 1901 does not apply in relation to proceedings to which this section applies.


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