The Judiciary Act 1903 (Cth.), as amended, provides for the jurisdiction and powers of the High Court of Australia, and vests state with federal jurisdiction in section 39(2), which states:

"The several Courts of the States shall within the limits of their several jurisdictions, whether such limits are as to locality, subject-matter, or otherwise, be invested with federal jurisdiction, in all matters in which the High Court has original jurisdiction or in which original jurisdiction can be conferred upon it, except as provided in section 38 [concerning matters in which the High Court has exclusive jurisdiction], and subject to the following conditions and restrictions...".

The Act also establishes in law the position of the Australian Government Solicitor.