Crown Proceedings Act 1972 (SA)

(Reprint No. 1)

SOUTH AUSTRALIA

CROWN PROCEEDINGS ACT, 1972

This Act is reprinted pursuant to the Acts Republication Act, 1967, and incorporates all amendments in force as at 1 July 1991.

It should be noted that the Act was not revised (for obsolete references, etc.) by the Commissioner of Statute Revision prior to the publication of this reprint.

SUMMARY OF PROVISIONS

PART I

PRELIMINARY

Section

1.   Short title

2.   Commencement

3.   Arrangement of Act

4.   Interpretation

PART II

CROWN PROCEEDINGS

5.   Proceedings by and against the Crown

6.   Service, etc.

7.   Interlocutory orders, costs, court fees, etc.

PART III

AMENDMENT OF THE SUPREME COURT ACT, 1935-1971

17.   Short titles

18.   Repeal of Part V of principal Act

APPENDIX

LEGISLATIVE HISTORY

CROWN PROCEEDINGS ACT, 1972

being

Crown Proceedings Act, 1972, No. 41 of 1972

[Assented to 20 April 1972]1

as amended by

Crown Proceedings Act Amendment Act, 1975, No. 36 of 1975 [Assented to 3 April 1975]

Crown Proceedings Act Amendment Act, 1977, No. 4 of 1977 [Assented to 21 April 1977]

Crown Proceedings Act Amendment Act, 1980, No. 47 of 1980 [Assented to 3 July 1980]2

Crown Proceedings Act Amendment Act, 1987, No. 40 of 1987 [Assented to 23 April 1987]3

Crown Proceedings Act Amendment Act (No. 2), 1987, No. 103 of 1987 [Assented to 17 December 1987]

1 Came into operation 14 December 1972:Gaz. 14 December 1972, p. 2630.

2 Came into operation 17 July 1980:Gaz. 17 July 1980, p. 230.

3 Came into operation 1 July 1987:Gaz. 28 May 1987, p. 1384.

An Act to provide for suits by and against the Crown; to amend the Supreme Court Act, 1935-1971; and for other purposes.

BE IT ENACTED by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:

PART I

PRELIMINARY

Short title

1. This Act may be cited as the Crown Proceedings Act, 1972.

Commencement

2. This Act shall come into operation on a day to be fixed by proclamation.

Arrangement of Act

3. This Act is arranged as follows:

PART I—PRELIMINARY

PART II—CROWN PROCEEDINGS

PART III—AMENDMENT OF THE SUPREME COURT ACT, 1935-1971.

Interpretation

4. (1) In this Act, unless the contrary intention appears—

"judgment" means any judgment or order of a court except an interlocutory order:

"proceedings" means civil proceedings at law or in equity including proceedings in respect of a

set-off or counterclaim, or by way of interpleader:

"proper officer" in relation to a court means—