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defined by reference to the content, from time to time, of a law of the Australian Capital Territory. They adopted the submissions of the Attorney-General of the Commonwealth in relation to s 9(3).
22 The submissions on behalf of the Attorney-General of the Commonwealth, also intervening under s 78A of the Judiciary Act 1903 (Cth), contended that the Federal Court had jurisdiction in the present matter on the basis that jurisdiction has been validly conferred directly by s 9(3) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth). She submitted that the Commonwealth Parliament may confer on the Federal Court jurisdiction with respect to a matter arising under a Commonwealth law supported by s 122 of the Constitution: GPAO (above) at [91] and [257]–[258] and Spinks v Prentice (above) at [175].
23 The Jurisdiction of Courts (Cross-vesting) Act 1993 (ACT) provides:
4(1) The Federal Court has and may exercise original and appellate jurisdiction in respect of ACT matters.
The Dictionary to that Act defines ACT matter to mean a matter—
(a) in which the Supreme Court has jurisdiction otherwise than by reason of a law of the Commonwealth or of another State;
(b) or removed to the Supreme Court under section 8.
24 The Supreme Court Act 1933 (ACT) relevantly provides:
20(1) The court has the following jurisdiction:
- (a) all original and appellate jurisdiction that is necessary to administer justice in the Territory;
- (b) jurisdiction conferred by a Commonwealth Act or a law of the Territory.
25 For completeness, it should also be noted that the Australian Capital Territory (Self-Government) Act 1988 (Cth) provides:
48A(1) The Supreme Court is to have all original and appellate jurisdiction that is necessary for the administration of justice in the Territory.
(2) In addition, the Supreme Court may have such further jurisdiction as is conferred on it by any Act, enactment or Ordinance, or any law made under any Act, enactment or Ordinance.
(3) The Supreme Court is not bound to exercise any powers where it has concurrent jurisdiction with another court or tribunal.
48AA Nothing in section 48A is to be taken to imply that a law of the Australian Capital Territory may not confer on the Federal Court of
