40GJurisdiction of prescribed courts

40G Jurisdiction of prescribed courts

(1) The Federal Court has jurisdiction with respect to matters arising under this Act. (1A) The jurisdiction of the Federal Court to hear and determine appeals from decisions of the Registrar is exclusive of the jurisdiction of any other court, other than the jurisdiction of the High Court under section 75 of the Constitution. (1B) Subject to subsection (2), each prescribed court (other than the Federal Court) has jurisdiction with respect to matters arising under this Act in respect of which actions or proceedings may, under a provision of this Act, be instituted in a prescribed court. (1C) A prosecution for an offence against this Act shall not be instituted in the Federal Court. (2) The jurisdiction conferred by subsection (1B) on the Supreme Court of a Territory: (a) to the extent that it relates to an action or proceeding for the infringement of the monopoly in a registered design or to an application for the rectification of the register made by virtue of section 32—is conferred to the extent that the Constitution permits; and (b) in any other case—is conferred only in relation to an action or proceeding instituted by a natural person who is resident in the Territory, or a corporation that has its principal place of business in the Territory, at the time of the institution of the action or proceeding. (3) The jurisdiction of a prescribed court under this section shall be exercised by a single Judge. (4) The regulations may make provision for and in relation to the practice and procedure of prescribed courts in actions or proceedings under this Act, including provision prescribing the time within which any action or proceeding may be instituted or any other act or thing may be done, and providing for the extension of any such time.