§ 5.15 p.m.
§ The ATTORNEY-GENERALI beg to move, in page 120, line 38, at the end, to insert:
(3) Nothing in this Section—Consequential on the Amendment we have just made to Clause 207 it is necessary to insert the new paragraph (3, a). Paragraph (b) is intended to provide a proper protection to the States in connection with the exercise of the jurisdiction of the Federal Court. The States, quite properly in my submission, took the view that they could not put their own courts in direct subjection to the Federal Court except in relation to matters on which they had accepted the jurisdiction of the Court. They are perfectly pre pared to assume an obligation on behalf of their courts to obey the orders of the Federal Court in relation to matters in which they themselves are parties, but they are not prepared to see the Federal Court given power in relation to the States to secure the attendance of wit nesses or the discovery of documents in cases arising under the additional 990 appellant jurisdiction conferrable on the Court by the Federal Legislature if it is so decided under Clause 204. That would in no case have any application to the States. It seemed to the Government reasonable to meet the objection put forward and paragraph (b) is designed for that purpose.
- (a)shall apply to any such order with respect to costs as is mentioned in Subsection (2) of the last preceding Section; or
- (b)shall, as regards a Federated State, apply in relation to any jurisdiction exercisable by the Federal Court by reason only of the making by the Federal Legislature of such provision as is mentioned in this chapter for extending the appellate jurisdiction of the Federal Court."
§ Amendment agreed to.