85Powers and jurisdiction of the Court

85 Powers and jurisdiction of the Court (1) Subject to this Act the Court shall have jurisdiction in or in relation to Victoria its dependencies and the areas adjacent thereto in all cases whatsoever and shall be the superior Court of Victoria with unlimited jurisdiction. S. 85(2) repealed by No. 110/1986 s. 132(d). S. 85(3) substituted by No. 110/1986 s. 132(e). (3) The Court has and may exercise such jurisdiction (whether original or appellate) and such powers and authorities as it had immediately before the commencement of the **Supreme Court Act 1986**. (4) This Act does not limit or affect the power of the Parliament to confer additional jurisdiction or powers on the Court. S. 85(5) inserted by No. 35/1991 s. 4. (5) A provision of an Act, other than a provision which directly repeals or directly amends any part of this section, is not to be taken to repeal, alter or vary this section unless[[14]](#endnote-15)— (a) the Act expressly refers to this section in, or in relation to, that provision and expressly, and not merely by implication, states an intention to repeal, alter or vary this section; and (b) the member of the Parliament who introduces the Bill for the Act or, if the provision is inserted in the Act by another Act, the Bill for that other Act, or a person acting on his or her behalf, makes a statement to the Council or the Assembly, as the case requires, of the reasons for repealing, altering or varying this section; and (c) the statement is so made— (i) during the member's second reading speech; or (ii) after not less than 24 hours' notice is given of the intention to make the statement but before the third reading of the Bill; or (iii) with the leave of the Council or the Assembly, as the case requires, at any time before the third reading of the Bill. S. 85(6) inserted by No. 35/1991 s. 4. (6) A provision of a Bill which excludes or restricts, or purports to exclude or restrict, judicial review by the Court of a decision of another court, tribunal, body or person is to be taken to repeal, alter or vary this section and to be of no effect unless the requirements of subsection (5) are satisfied[[15]](#endnote-16). S. 85(7) inserted by No. 35/1991 s. 4. (7) A provision of an Act which creates, or purports to create, a summary offence is not to be taken, on that account, to repeal, alter or vary this section[[16]](#endnote-17). S. 85(8) inserted by No. 35/1991 s. 4. (8) A provision of an Act that confers jurisdiction on a court, tribunal, body or person which would otherwise be exercisable by the Supreme Court, or which augments any such jurisdiction conferred on a court, tribunal, body or person, does not exclude the jurisdiction of the Supreme Court except as provided in subsection (5)[[17]](#endnote-18). S. 85(8A) inserted by No. 95/1997 s. 5. (8A) The following sections of this Act alter or vary this section and have effect, for the purposes of this section, as direct amendments of this section— (a) sections 73 and 74 as they apply to publication within the meaning of those sections as amended by section 3 of the **Constitution (Amendment) Act 1997**; (b) section 74AA. S. 85(8B) inserted by No. 40/2001 s. 4, repealed by No. 40/2001 s. 5. [[18]](#endnote-19) S. 85(9) inserted by No. 67/1992 s. 63(2), amended by Nos 50/1994 s. 65(2), 7/1996 s. 50(2), 60/1996 s. 30(2), 107/1997 s. 63(1). (9) Section 63 of the **Accident Compensation (WorkCover) Act 1992** as amended by section 65(1) of the **Accident Compensation (Amendment) Act 1994** and as amended by section 50(1) of the **Accident Compensation (Amendment) Act 1996** and as amended by section 30 of the **Accident Compensation (Further Amendment) Act 1996** and as amended by sections 11, 45, 46, 47 and 48 of the **Accident Compensation (Miscellaneous Amendment) Act 1997** alters or varies this section to the extent necessary to limit the jurisdiction of the Supreme Court as specified in that section and has effect as a direct amendment of this section. S. 85(10) inserted by No. 107/1997 s. 63(2). (10) Section 252C of the **Accident Compensation Act 1985** alters or varies this section and has effect as a direct amendment of this section. S. 85(11) inserted by No. 6/2001 s. 10. (11) Section 4 of the **Corporations (Commonwealth Powers) Act 2001** alters or varies this section and has effect as a direct amendment of this section. S. 85(12) inserted by No. 39/2004 s. 259. (12) Divisions 2 and 3 of Part 6 of the **Road Management Act 2004 (**as inserted by section 270 of the **Mitcham-Frankston Project Act 2004)** and section 129 of the **Road Management Act 2004 (**as inserted by section 272 of the **Mitcham-Frankston Project Act 2004)** alter or vary this section and have effect as direct amendments of this section. S. 85(13) inserted by No. 39/2004 s. 259. (13) Section 52(4) of the **Victorian Civil and Administrative Tribunal Act 1998** (as amended by section 167(1) of the **Road Management Act 2004** as that Act is amended by section 276 of the **Mitcham-Frankston Project Act 2004)** alters or varies this section and has effect as a direct amendment of this section. S. 85(14) inserted by No. 25/2005 s. 16. (14) Section 246CZC of the **Transport Act 1983** (as inserted by section 15 of the **Transport Legislation (Further Amendment) Act 2005**) alters or varies this section and has effect as a direct amendment of this section. 44 Geo. III. c. 102. S. 86 amended by Nos 110/1986 s. 132(f), 24/2008 s. 10.