Federal Court of Australia Act 1976 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
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If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
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Contents
This Act may be cited as the
Federal Court of Australia Act 1976.
(1) This Act shall come into operation on the day on which it receives the Royal Assent.
(2) No proceeding shall be instituted in the Court before a day to be fixed by Proclamation as the day on which the Court shall commence to exercise its jurisdiction.
This Act extends to every external Territory.
In this Act, unless the contrary intention appears:
accused :
(a) in relation to indictable primary proceedings—has the meaning given by subsection 23AB(1); and
(b) in relation to criminal appeal proceedings—means the person who was the accused in the proceedings appealed from.
administrative affairs :
(a) of the Court—has a meaning affected by subsection 18A(1A) of this Act; and
(b) of the Federal Circuit and Family Court of Australia (Division 1)—has the meaning given by the definition of that expression in the
Federal Circuit and Family Court of Australia Act 2021 in relation to that Court; and(c) of the Federal Circuit and Family Court of Australia (Division 2)—has the meaning given by the definition of that expression in the
Federal Circuit and Family Court of Australia Act 2021 in relation to that Court.
alternative dispute resolution process means a procedure or service for the resolution of disputes (other than arbitration or mediation) not involving the exercise of the judicial power of the Commonwealth.
applicable jury district has the meaning given by section 23DH.
audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.
Australian court means a federal court or a court of a State or Territory.
bail order means an order made under subsection 58DB(1).
bail undertaking means an undertaking under paragraph 58DE(1)(a).
Chief Executive Officer means the Chief Executive Officer and Principal Registrar of the Court.Note: The Chief Executive Officer is appointed under section 18C. A person is appointed to act as the Chief Executive Officer under section 18M.
Chief Executive Officer of the Federal Circuit and Family Court of Australia means the Chief Executive Officer and Principal Registrar of the Federal Circuit and Family Court of Australia (Division 1).
Chief Justice means the Chief Justice of the Court, and includes a Judge for the time being performing the duties and exercising the powers of Chief Justice.
civil practice and procedure provisions has the meaning given by subsection 37M(4).
commencing day means the day fixed under subsection 2(2).
complaint means a complaint mentioned in paragraph 15(1AA)(c).
complaint handler means:
(a) the Chief Justice; or
(b) a person who is authorised by the Chief Justice under subsection 15(1AAB); or
(c) a person who is a member of a body that is authorised by the Chief Justice under subsection 15(1AAB).
conveyance includes a vehicle, a vessel and an aircraft.
corporate services :
(a) of the Court—has the meaning given by subsection 18A(1B) of this Act; and
(b) of the Federal Circuit and Family Court of Australia (Division 1)—has the meaning given by the definition of that expression in the
Federal Circuit and Family Court of Australia Act 2021 in relation to that Court; and(c) of the Federal Circuit and Family Court of Australia (Division 2)—has the meaning given by the definition of that expression in the
Federal Circuit and Family Court of Australia Act 2021 in relation to that Court.
Court means the Federal Court of Australia established by this Act.
criminal appeal proceedings means:
(a) proceedings relating to an appeal referred to in section 30AA or 30AD; or
(b) proceedings relating to the seeking of leave to file such an appeal; or
(c) proceedings in the Court that are ancillary to proceedings covered by paragraph (a) or (b).
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in theGovernance of Australian Government Superannuation Schemes Act 2011 .
Division means the General Division or the Fair Work Division of the Court.
dwelling house includes a conveyance, or a room in accommodation, in which people ordinarily retire for the night.
electoral Division has the same meaning asDivision has in theCommonwealth Electoral Act 1918 .
eligible primary court means:
(a) the Court constituted by a single Judge in indictable primary proceedings; or
(b) the Supreme Court of a Territory (other than the Australian Capital Territory or the Northern Territory); or
(c) in such cases as are provided by any other Act, a court (other than a Full Court of the Supreme Court) of a State, the Australian Capital Territory or the Northern Territory, exercising federal jurisdiction.
examination and commitment for trial on indictment includes commitment for trial on indictment.
family law or child support proceeding means a proceeding under:
(a) the
Family Law Act 1975 ; or(b) the
Child Support (Assessment) Act 1989 ; or(c) the
Child Support (Registration and Collection) Act 1988 (other than a proceeding under section 72Q of that Act).
Federal Circuit and Family Court of Australia means:
(a) the Federal Circuit and Family Court of Australia (Division 1); or
(b) the Federal Circuit and Family Court of Australia (Division 2).
finance law has the same meaning as in section 8 of thePublic Governance, Performance and Accountability Act 2013 .
foreign country includes a region where:
(a) the region is a colony, territory or protectorate of a foreign country; or
(b) the region is part of a foreign country; or
(c) the region is under the protection of a foreign country; or
(d) a foreign country exercises jurisdiction or control over the region; or
(e) a foreign country is responsible for the region’s international relations.
forfeiture order means an order made under subsection 58FC(1).
former juror means a person who has ceased to be a juror.
Full Court means a Full Court in a Division of the Court constituted in accordance with section 14.
Full Court of the Supreme Court of a State or Territory means the Supreme Court of the State or Territory when constituted by 2 or more judges, and includes the Supreme Court of the State or Territory when so constituted for the purpose of sitting as the Court of Appeal of the State or Territory.
handle a complaint means do one or more of the following acts relating to the complaint:
(a) consider the complaint;
(b) investigate the complaint;
(c) report on an investigation of the complaint;
(d) deal with a report of an investigation of the complaint;
(e) dispose of the complaint;
(f) refer the complaint to a person or body.
indictable offence matter has the meaning given by subsection 32(6).
indictable primary proceedings has the meaning given by subsection 23AB(2).
infringement notice means an infringement notice given under section 58BA.
Judge means a Judge of the Court (including the Chief Justice) and, in the expression “the Court or a Judge”, means a Judge sitting in Chambers.
judgment means:
(a) a judgment, decree or order, whether final or interlocutory; or
(b) a sentence;
and includes a conviction.
juror means a person serving as a juror in proceedings before the Court.
jury district means a jury district determined by the Sheriff under subsection 23EAA(1).
jury list has the meaning given by subsection 23DJ(2).
jury roll means a jury roll prepared under subsection 23EAA(4).
jury service means service as a juror.
lawyer means a person enrolled as a legal practitioner of a federal court or the Supreme Court of a State or Territory.
overarching purpose (of the civil practice and procedure provisions) means the overarching purpose set out in subsection 37M(1).
party , in relation to indictable primary proceedings, has the meaning given by subsection 23AB(3).
police officer means a member or special member of the Australian Federal Police or a member of the police force or police service of a State or Territory.
potential juror means a person who:
(a) has been summonsed to attend for service as a juror in proceedings before the Court; and
(b) has not been empanelled as one of the jury; and
(c) has not been discharged from serving on the jury.
premises includes a place and a conveyance.
proceeding means a proceeding in a court, whether between parties or not, and includes an incidental proceeding in the course of, or in connexion with, a proceeding, and also includes an appeal.Example: Discovery is an example of an incidental proceeding.
referee means a person to whom a question is referred for inquiry and report under section 54A.
related summary offence has the same meaning as in theJudiciary Act 1903 .
relevant belief : a person has arelevant belief in relation to a complaint about a Judge if:
(a) the person believes that one or more of the circumstances that gave rise to the complaint may, if substantiated, justify consideration of the removal of the Judge in accordance with paragraph 72(ii) of the Constitution; or
(b) the person believes that one or more of the circumstances that gave rise to the complaint may, if substantiated:
(i) adversely affect, or have adversely affected, the performance of judicial or official duties by the Judge; or
(ii) have the capacity to adversely affect, or have adversely affected, the reputation of the Court.
relevant to the accused’s case : if an accused is prosecuted on indictment, evidence isrelevant to the accused’s case if it is capable of either or both of the following:
(a) undermining the prosecution’s case;
(b) assisting the accused’s case.
Roll has the same meaning as in theCommonwealth Electoral Act 1918 .
Sheriff means Sheriff of the Court.
sitting place , in relation to indictable primary proceedings, has the meaning given by subsection 23DC(2).
State/Territory jury official means:
(a) an officer or member of staff of the Supreme Court of a State or Territory; or
(b) an officer or employee of a State or Territory;
who is responsible for preparing jury panels (however described) for the purposes of the trial on indictment of an offence in the Supreme Court of the State or Territory.
suit includes any civil action, or original civil proceeding, between parties.
third party security undertaking means an undertaking under paragraph 58DE(1)(b).
video link means facilities (for example, closed‑circuit television facilities) that enable audio and visual communication between persons in different places.
Chapter 2 of the
Criminal Code applies to all offences against this Act.Note: Chapter 2 of the
Criminal Code sets out the general principles of criminal responsibility.
(1) A federal court, to be known as the Federal Court of Australia, is created by this Act.
(2) The Court is a superior court of record and is a court of law and equity.
(3) The Court consists of a Chief Justice, and such other Judges as from time to time hold office in accordance with this Act.
Appointment of Judges
(1) A Judge:
(a) shall be appointed by the Governor‑General by commission; and
(b) shall not be removed except by the Governor‑General, on an address from both Houses of the Parliament in the same session, praying for his or her removal on the ground of proved misbehaviour or incapacity.
(2) A person is not to be appointed as a Judge unless:
(a) the person:
(i) is or has been a Judge of a prescribed court or of a court of a State; or
(ii) has been enrolled as a legal practitioner of the High Court or of the Supreme Court of a State or Territory for not less than 5 years; and
(b) the person has appropriate knowledge, skills and experience to deal with the kinds of matters that may come before the Court.
Judges to be assigned to particular location
(3) The commission of appointment of a Judge must assign the Judge to a particular location. The Judge:
(a) must not sit at another location on a permanent basis unless the Attorney‑General and the Chief Justice consent; and
(b) cannot be required to sit at another location on a permanent basis unless the Judge consents (in addition to the consents required by paragraph (a)); and
(c) may sit at another location on a temporary basis.
(3A) In deciding whether to consent as mentioned in paragraph (3)(a), the Chief Justice has the same protection and immunity as if he or she were making that decision as, or as a member of, the Court.
(3B) Despite section 39B of the
Judiciary Act 1903 , the Court does not have jurisdiction with respect to a matter relating to the exercise by the Attorney‑General or the Chief Justice of the power to consent as mentioned in paragraph (3)(a).
Resignation
(4) A Judge may resign his or her office by writing under his or her hand delivered to the Governor‑General, and the resignation takes effect on the day on which it is received by the Governor‑General or on such later day as is specified in the writing.
Judge of 2 or more courts
(5) Notwithstanding anything contained in any other Act, a person may hold office at the one time as a Judge, other than the Chief Justice, of the Court and as a Judge of a prescribed court or of 2 or more prescribed courts.
Style
(6) A Judge or former Judge is entitled to be styled “The Honourable”.
Definition
(7) In this section:
prescribed court means:
(a) a court (other than the Court) created by the Parliament; or
(b) the Supreme Court of the Northern Territory; or
(c) the Supreme Court of the Australian Capital Territory; or
(d) the Supreme Court of a State.
The Governor‑General may:
(a) assign a Judge (other than the Chief Justice) to one of the Divisions either:
(i) in the commission of appointment of the Judge; or
(ii) at a later time, with the consent of the Judge; and
(b) vary any such assignment, with the consent of the Judge.
Note: A Judge (including the Chief Justice) who is not assigned to either Division of the Court may exercise the powers of the Court in either Division (see subsection 15(1C)).
(1) Whenever:
(a) the Chief Justice is absent from Australia or from duty; or
(b) there is a vacancy in the office of Chief Justice;
the next senior Judge who is in Australia and is able and willing to do so shall perform the duties, and may exercise the powers, of the Chief Justice.
(2) For the purposes of this Act, a person who is performing duties and exercising powers under subsection (1) is taken not to be assigned to either Division of the Court.
Note: A Judge (including the Chief Justice) who is not assigned to either Division of the Court may exercise the powers of the Court in either Division (see subsection 15(1C)).
The Chief Justice is the senior Judge of the Court and the other Judges have seniority according to the dates on which their commissions took effect or, where the commissions of 2 or more of them took effect on the same date, according to the precedence assigned to them by their commissions.
(1) The Chief Justice and each other Judge shall, receive salary, annual allowances and travelling allowances at such respective rates as are fixed from time to time by the Parliament.
(2) The salary and annual allowance to which a Judge is entitled under this section accrue from day to day and are payable monthly.
(3) The remuneration of a Judge shall not be diminished during his or her continuance in office.
The Consolidated Revenue Fund is appropriated to the extent necessary for payment of salaries and allowances in accordance with section 9.
A Judge shall, before proceeding to discharge the duties of his or her office, take before the Governor‑General, another Judge of the Court, a Justice of the High Court or a Judge of the Supreme Court of a State or Territory an oath or affirmation in accordance with the form in the Schedule.
Sittings of the Court shall be held from time to time as required at the places at which the registries of the Court are established, but the Court may sit at any place in Australia or in a Territory.
(1) For the purpose of the organisation and conduct of the business of the Court, the Court comprises 2 Divisions:
(a) the General Division; and
(b) the Fair Work Division.
(2) Every proceeding in the Court must be instituted, heard and determined in a Division.
Fair Work Division
(3) The following jurisdiction of the Court is to be exercised in the Fair Work Division:
(a) jurisdiction that is required by any other Act to be exercised in the Fair Work Division;
(b) jurisdiction that is incidental to such jurisdiction.
Note: Under section 562 of the
Fair Work Act 2009 , jurisdiction is required to be exercised in the Fair Work Division of the Court in relation to matters arising under that Act.
General Division
(4) The following jurisdiction of the Court is to be exercised in the General Division:
(a) jurisdiction that is not required by any other Act to be exercised in the Fair Work Division;
(b) jurisdiction that is incidental to such jurisdiction (including jurisdiction that is required by any other Act to be exercised in the Fair Work Division).
Jurisdiction that is required to be exercised in both Divisions
(5) If the Court’s jurisdiction is required to be exercised in both Divisions in relation to particular proceedings or proceedings of a particular kind, the Chief Justice may, at any time (whether before or after the proceedings are instituted), give a direction about the allocation to one or other Division of those proceedings or proceedings of that kind.
(1) The Chief Justice may, by written instrument, authorise a Judge to manage such class or classes of proceedings as may be specified:
(a) in the instrument; or
(b) by the Rules of Court.
(2) In managing a class or classes of proceedings, a Judge is subject to any direction from the Chief Justice.
(3) A Judge may be authorised even though the Judge is not assigned to a Division.
(4) The authorisation of a Judge does not affect the rank, title, status and precedence as a Judge that the Judge had immediately before any such authorisation.
(5) If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.
(1) For the purposes of the exercise of the jurisdiction of the Court, the Court may be constituted by a single Judge or as a Full Court.
(2) A Full Court consists of 3 or more Judges sitting together or, to the extent permitted by subsection (3), of 2 Judges sitting together.
(3) Where, after a Full Court (including a Full Court constituted in accordance with this subsection) has commenced the hearing, or further hearing, of a proceeding and before the proceeding has been determined, one of the Judges constituting the Full Court dies, resigns his or her office or otherwise becomes unable to continue as a member of the Full Court for the purposes of the proceeding, then the hearing and determination, or the determination, of the proceeding may be completed by a Full Court constituted by the remaining Judges, if at least 3 Judges remain or, if the remaining Judges are 2 in number and the parties consent, by a Full Court constituted by the remaining Judges.
(4) In the application of subsection (3) in relation to an appeal from a judgment of the Supreme Court of a Territory constituted by 2 or more Judges, the reference in that subsection to 3 Judges shall be read as a reference to 5 Judges and the reference in that subsection to Judges who are 2 in number shall be read as a reference to Judges who are 4 in number.
(5) A Full Court constituted in accordance with subsection (3) or (4) may have regard to any evidence given or received, and arguments adduced, by or before the Full Court as previously constituted.
(6) The Court constituted by one or more Judges may sit and exercise the jurisdiction of the Court notwithstanding that the Court constituted by one or more other Judges is at the same time sitting and exercising the jurisdiction of the Court.
Responsibility of Chief Justice
(1) The Chief Justice is responsible for ensuring the effective, orderly and expeditious discharge of the business of the Court.
(1AA) In discharging his or her responsibility under subsection (1) (and without limiting the generality of that subsection) the Chief Justice:
(a) may, subject to this Act and to such consultation with Judges as is appropriate and practicable, do all or any of the following:
(i) make arrangements as to the Judge or Judges who is or are to constitute the Court in particular matters or classes of matters;
(ii) without limiting the generality of subparagraph (i)—assign particular caseloads, classes of cases or functions to particular Judges;
(iii) temporarily restrict a Judge to non‑sitting duties; and
(b) must ensure that arrangements are in place to provide Judges with appropriate access to (or reimbursement for the cost of):
(i) annual health assessments; and
(ii) short‑term counselling services; and
(iii) judicial education; and
(c) may deal, as set out in subsection (1AAA), with a complaint about the performance by another Judge of his or her judicial or official duties; and
(d) may take any measures that the Chief Justice believes are reasonably necessary to maintain public confidence in the Court, including, but not limited to, temporarily restricting another Judge to non‑sitting duties.
(1AAA) The Chief Justice may, if a complaint is made about another Judge of the Court, deal with the complaint by doing either or both of the following in respect of the complaint:
(a) deciding whether or not to handle the complaint and then doing one of the following:
(i) dismissing the complaint;
(ii) handling the complaint if the Chief Justice has a relevant belief in relation to the complaint about the other Judge;
(iii) arranging for any other complaint handlers to assist the Chief Justice to handle the complaint if the Chief Justice has a relevant belief in relation to the complaint about the other Judge;
(b) arranging for any other complaint handlers to decide whether or not to handle the complaint and then to do one of the following:
(i) dismiss the complaint;
(ii) handle the complaint if each of the complaint handlers has a relevant belief in relation to the complaint about the other Judge.
Note: A complaint handler (other than the Chief Justice) may handle a complaint by referring it to the Chief Justice. The Chief Justice may then do either or both of the things referred to in paragraph (a) or (b) in respect of the complaint.
(1AAB) The Chief Justice may authorise, in writing, a person or a body to do one or more of the following:
(a) assist the Chief Justice to handle complaints or a specified complaint;
(b) decide whether or not to handle complaints or a specified complaint;
(c) dismiss complaints or a specified complaint;
(d) handle complaints or a specified complaint.
(1AB) In exercising the functions or powers mentioned in paragraph (1AA)(a), the Chief Justice has the same protection and immunity as if he or she were exercising those functions or powers as, or as a member of, the Court.
Note: See also section 18XA.
(1AC) Despite section 39B of the
Judiciary Act 1903 , the Court does not have jurisdiction with respect to a matter relating to the exercise by the Chief Justice of the functions or powers mentioned in subsection (1AA), (1AAA) or (1AAB).
Exercise of powers of General and Fair Work Divisions of the Court
(1A) A Judge who is assigned to a Division of the Court must exercise, or participate in exercising, the powers of the Court only in that Division, except as set out in subsection (1B).
(1B) The Chief Justice may arrange for a Judge who is assigned to a particular Division of the Court to exercise, or participate in exercising, the powers of the Court in the other Division if the Chief Justice considers that circumstances make it desirable to do so.
(1C) To avoid doubt, a Judge who is not assigned to either Division of the Court may exercise, or participate in exercising, the powers of the Court in either Division.
(1D) Subsection (1A) does not affect the validity of any exercise of powers by the Court otherwise than in accordance with that subsection.
Judges who are also Judges of the Supreme Court of the ACT and the Northern Territory
(2) Where a Judge of the Federal Court of Australia also holds office as an additional Judge of the Supreme Court of the Australian Capital Territory or of the Supreme Court of the Northern Territory of Australia, arrangements shall be made between the Chief Justice of the Federal Court of Australia and the Chief Judge or Chief Justice, as the case may be, of that Supreme Court as to the extent to which the Judge is to take part in the exercise of the jurisdiction of that Supreme Court, but the Chief Justice of the Federal Court of Australia shall consult with the Judge concerned before making any such arrangements.
(3) Where a Judge, other than an additional Judge, of the Supreme Court of the Australian Capital Territory or of the Supreme Court of the Northern Territory of Australia also holds office as a Judge of the Federal Court of Australia, he or she is not required to take part in the exercise of the jurisdiction of the Federal Court of Australia except in accordance with arrangements made between the Chief Justice of the Federal Court of Australia and the Chief Judge or Chief Justice, as the case may be, of that Supreme Court, but the Chief Judge or Chief Justice, as the case may be, of that Supreme Court shall consult with the Judge concerned before making any such arrangements.
If the Judges constituting a Full Court for the purposes of any proceeding are divided in opinion as to the judgment to be pronounced, judgment shall be pronounced according to the opinion of the majority, if there is a majority, but, if the Judges are equally divided in opinion:
(a) in the case of an appeal from a judgment of the Court constituted by a single Judge, or of the Supreme Court of a State or Territory—the judgment appealed from shall be affirmed; and
(b) in any other case—the opinion of the Chief Justice or, if he or she is not a member of the Full Court, the opinion of the senior Judge who is a member of the Full Court, shall prevail.
(1) Except where, as authorized by this Act or another law of the Commonwealth, the jurisdiction of the Court is exercised by a Judge sitting in Chambers, the jurisdiction of the Court shall be exercised in open court.
(1A) For the purposes of subsection (1), the circumstances in which the jurisdiction of the Court is exercised in open court include where the exercise of jurisdiction is made accessible to the public by way of video link, audio link or other appropriate means.
(2) The jurisdiction of the Court may be exercised by a Judge sitting in Chambers in:
(a) a proceeding on an application relating to the conduct of a proceeding;
(b) a proceeding on an application for orders or directions as to any matter which, by this Act or any other law of the Commonwealth, is made subject to the direction of a Judge sitting in Chambers; and
(c) a proceeding on any other application authorized by the Rules of Court to be made to a Judge sitting in Chambers.
(3) A Judge may order a proceeding in Chambers to be adjourned into court.
(4) The Court may order the exclusion of the public or of persons specified by the Court from a sitting of the Court where the Court is satisfied that the presence of the public or of those persons, as the case may be, would be contrary to the interests of justice.
(5) The reference in subsection (4) to a sitting of the Court includes a reference to a sitting of the Court that is conducted by way of video link, audio link or other appropriate means.
The process of the Court runs, and the judgments of the Court have effect and may be executed, throughout Australia and the Territories.
(1) The Chief Justice is responsible for managing the administrative affairs of the Court.
(1A) The
administrative affairs of the Court do not include the corporate services of the Court.(1B) The following matters relating to the Court are the
corporate services of the Court:
(a) communications;
(b) finance;
(c) human resources;
(d) information technology;
(e) libraries;
(ea) records management;
(eb) administrative matters relating to judgments, to the extent that such matters do not involve the exercise of judicial power;
(f) procurement and contract management;
(g) property;
(h) risk oversight and management;
(ha) court security;
(i) statistics;
(j) any other matter prescribed by a determination under subsection (5).
(2) For the purpose referred to in subsection (1), the Chief Justice has power to do all things that are necessary or convenient to be done, including, on behalf of the Commonwealth:
(a) entering into contracts; and
(b) acquiring or disposing of personal property.
(3) The powers given to the Chief Justice by subsection (2) are in addition to any powers given to the Chief Justice by any other provision of this Act or by any other Act.
(4) Subsection (2) does not authorise the Chief Justice to enter into a contract under which the Commonwealth is to pay or receive an amount exceeding $1,000,000 or, if a higher amount is prescribed, that higher amount, except with the approval of the Attorney‑General.
(5) The Attorney‑General may, by legislative instrument, determine matters that are the corporate services of the Court (see paragraph (1B)(j)).
In the management of the administrative affairs of the Court, the Chief Justice is assisted by the Chief Executive Officer.
(1) The Chief Justice may arrange with the chief judicial officer (however described) of another Australian court for an officer or officers of that court to perform on behalf of the Court any or all of the following functions:
(a) the receipt of documents to be lodged with or filed in the Court;
(b) the signing and issuing of writs, commissions and process for the purposes of any proceedings in the Court;
(c) the authentication of orders of the Court;
(d) the administration of oaths and affirmations, and the witnessing of affidavits, for the purposes of any proceedings in the Court;
(e) such other non‑judicial functions as are permitted by the Rules of Court to be performed under such an arrangement;
(f) such other non‑judicial functions as the Chief Justice considers appropriate.
(2) If an arrangement under subsection (1) is in force in relation to the performance by an officer of an Australian court of a function on behalf of the Court, the officer may perform that function despite any other provision of this Act or any other law of the Commonwealth.
(3) A function performed on behalf of the Court in accordance with an arrangement under subsection (1) has effect as if the function had been performed by the Court.
(4) Copies of an arrangement under subsection (1) are to be made available for inspection by members of the public.
(5) For the purposes of this section, a member of the staff of an Australian court is taken to be an officer of that court.
(1) The Chief Justice may arrange with the chief executive officer (however described) of:
(a) an agency of the Commonwealth, a State or a Territory; or
(b) another organisation;
for an employee or employees of the agency or organisation to:
(c) receive, on behalf of the Court, documents to be lodged with or filed in the Court; or
(d) perform, on behalf of the Court, other non‑judicial functions of the Court.
(2) If an arrangement under subsection (1) is in force in relation to the performance by an employee of an agency or organisation of a function on behalf of the Court, the employee may perform that function despite any other provision of this Act or any other law of the Commonwealth.
(3) A function performed on behalf of the Court in accordance with an arrangement under subsection (1) has effect as if the function had been performed by the Court.
(4) Copies of an arrangement under subsection (1) are to be made available for inspection by members of the public.
(1) There is to be a Chief Executive Officer and Principal Registrar of the Court.
(2) The Chief Executive Officer is to be appointed by the Governor‑General by written instrument on the nomination of the Chief Justice.
(1) The Chief Executive Officer has power to do all things necessary or convenient to be done for the purpose of assisting the Chief Justice under section 18B.
(2) In particular, the Chief Executive Officer may act on behalf of the Chief Justice in relation to the administrative affairs of the Court.
(3) The Chief Justice may give the Chief Executive Officer directions regarding the exercise of his or her powers under this Part.
(1) The Chief Executive Officer is to be paid the remuneration and allowances determined by the Remuneration Tribunal.
(2) If there is no determination in force, the Chief Executive Officer is to be paid such remuneration as is prescribed.
(3) The Chief Executive Officer is to be paid such other allowances as are prescribed.
(4) Remuneration and allowances payable to the Chief Executive Officer under this section are to be paid out of money appropriated by the Parliament for the purposes of the Court.
(1) The Chief Executive Officer holds office for the period (not longer than 5 years) specified in the instrument of his or her appointment, but is eligible for re‑appointment.
(4) The Chief Executive Officer holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Chief Justice.
(1) The Chief Executive Officer has such recreation leave entitlements as are determined by the Remuneration Tribunal.
(2) The Chief Justice may grant the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Chief Justice, with the approval of the Attorney‑General, determines.
The Chief Executive Officer may resign by giving a signed notice of resignation to the Governor‑General.
(1) Except with the consent of the Chief Justice, the Chief Executive Officer must not engage in paid employment outside the duties of his or her office.
(2) The reference in subsection (1) to paid employment does not include service in the Defence Force.
(1) The Governor‑General may terminate the appointment of the Chief Executive Officer for misbehaviour or physical or mental incapacity.
(2) The Governor‑General is required to terminate the appointment of the Chief Executive Officer if the Chief Executive Officer:
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or
(b) is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) engages in paid employment contrary to section 18J; or
(d) fails, without reasonable excuse, to comply with section 18L.
(3) The Governor‑General may, with the consent of a Chief Executive Officer who is:
(a) an eligible employee for the purposes of the
Superannuation Act 1976 ; or(b) a member of the superannuation scheme established by deed under the
Superannuation Act 1990 ; or(c) an ordinary employer‑sponsored member of PSSAP, within the meaning of the
Superannuation Act 2005 ;retire the Chief Executive Officer from office on the ground of incapacity.
(4) In spite of anything contained in this section, if the Chief Executive Officer:
(a) is an eligible employee for the purposes of the
Superannuation Act 1976 ; and(b) has not reached his or her maximum retiring age (within the meaning of that Act);
he or she is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless CSC has given a certificate under section 54C of that Act.
(5) In spite of anything contained in this section, if the Chief Executive Officer:
(a) is a member of the superannuation scheme established by deed under the
Superannuation Act 1990 ; and(b) is under 60 years of age;
he or she is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given a certificate under section 13 of that Act.
(6) In spite of anything contained in this section, if the Chief Executive Officer:
(a) is an ordinary employer‑sponsored member of PSSAP, within the meaning of the
Superannuation Act 2005 ; and(b) is under 60 years of age;
he or she is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given an approval and certificate under section 43 of that Act.
(1) The Chief Executive Officer must give written notice to the Chief Justice of all direct or indirect pecuniary interests that the Chief Executive Officer has or acquires in any business or in any body corporate carrying on a business.
(2) The Chief Executive Officer must give written notice to the Chief Justice of all material personal interests that the Chief Executive Officer has that relate to the affairs of the Court.
(3) Section 29 of the
Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) does not apply to the Chief Executive Officer.
The Chief Justice may, in writing, appoint a person to act in the office of Chief Executive Officer:
(a) during a vacancy in the office (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see section 33A of the
Acts Interpretation Act 1901 .
(1) In addition to the Chief Executive Officer, there are the following officers of the Court:
(aa) such Registrars as are necessary;
(a) a District Registrar of the Court for each District Registry;
(b) such Deputy District Registrars as are necessary;
(c) the Sheriff of the Court;
(d) such Deputy Sheriffs as are necessary;
(da) the Marshal of the Court;
(db) such Deputy Marshals of the Court as are necessary;
(e) such Marshals for the purposes of the
Admiralty Act 1988 as are necessary.(2) The officers of the Court, other than the Chief Executive Officer, have such duties, powers and functions as are given to them by this Act or by the Chief Justice.
(4) The officers of the Court (other than the Chief Executive Officer, the Deputy Sheriffs, the Deputy Marshals of the Court and the Marshals for the purposes of the
Admiralty Act 1988 ) are to be persons engaged under thePublic Service Act 1999 .(5) The Deputy Sheriffs, the Deputy Marshals of the Court and the Marshals for the purposes of the
Admiralty Act 1988 may be persons engaged under thePublic Service Act 1999 .(6) The Chief Executive Officer may, on behalf of the Chief Justice, arrange with an Agency Head within the meaning of the
Public Service Act 1999 , or with an authority of the Commonwealth, for the services of officers or employees of the Agency or authority to be made available for the purposes of the administrative affairs of the Court.(7) There are to be such staff of the Registries as are necessary.
(8) The staff of the Registries is to consist of persons engaged under the
Public Service Act 1999 .
(1) The Sheriff of the Court is responsible for the service and execution of all process of the Court (including warrants) directed to the Sheriff.
(2) The Sheriff is also responsible for:
(a) taking, receiving and detaining all persons committed to his or her custody by the Court; and
(b) discharging such persons when so directed by the Court or otherwise required by law.
(2A) The Sheriff is also responsible for matters under Division 1A of Part III directed to the Sheriff.
Note: These provisions of Part III are mainly about juries in criminal proceedings.
(3) A Deputy Sheriff may, subject to any directions of the Sheriff, exercise or perform any of the powers or functions of the Sheriff.
(4) The Sheriff or a Deputy Sheriff may authorise persons to assist him or her in the exercise of any of his or her powers or the performance of any of his or her functions.
(1) The Marshal of the Court is responsible for:
(a) the security of the Court; and
(b) the personal security of the Judges and officers and staff of the Court.
(2) The Marshal of the Court is also responsible for:
(a) taking, receiving and detaining all persons committed to the Marshal’s custody by the Court; and
(b) discharging such persons when so directed by the Court or otherwise required by law.
A Deputy Marshal of the Court may, subject to any directions of the Marshal of the Court, exercise or perform any of the powers or functions of the Marshal.
(1) The Marshal of the Court may authorise persons to assist the Marshal in exercising powers or performing functions as the Marshal.
(2) A Deputy Marshal of the Court may authorise persons to assist the Deputy Marshal in exercising powers or performing functions as the Deputy Marshal.
(1) As soon as practicable after 30 June in each year, the Chief Justice must prepare a report of the management of the administrative affairs of the Court during the year.
(2) A report prepared after 30 June in a year must be given to the Attorney‑General by 15 October of that year.
(3) The Attorney‑General must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable.
(4) A report prepared under this section may be included in a report prepared and given to the Attorney‑General under section 46 of the
Public Governance, Performance and Accountability Act 2013 in relation to the listed entity referred to in section 18ZB.
The Chief Justice may, in writing, delegate all or any of his or her powers under section 18A to any one or more of the Judges.
Any judicial or other proceeding relating to a matter arising out of the management of the administrative affairs of the Court under this Part, including any proceeding relating to anything done by the Chief Executive Officer under this Part, may be instituted by or against the Commonwealth, as the case requires.
(1) In exercising powers or performing functions under paragraph 15(1AA)(c) and subsection 15(1AAA), or assisting in exercising those powers or performing those functions, a complaint handler has the same protection and immunity as a Justice of the High Court.
(2) In authorising a person or body under subsection 15(1AAB), the Chief Justice has the same protection and immunity as a Justice of the High Court.
(3) A witness requested to attend, or appearing, before a complaint handler handling a complaint has the same protection, and is subject to the same liabilities in a proceeding, as a witness in a case tried by the High Court.
(4) A lawyer assisting, or appearing on behalf of a person before, a complaint handler handling a complaint has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.
The Chief Executive Officer, a Registrar, a District Registrar or a Deputy District Registrar shall, before proceeding to discharge the duties of the office, take, before the Chief Justice or a Judge of the Court, an oath or affirmation in the following form:
“I,, do swear that I will well and truly serve in the office of (
Chief Executive Officer, Registrar, District Registrar or Deputy District Registrar , as the case may be) of the Federal Court of Australia and that I will do right to all manner of people according to law, without fear or favour, affection or illwill, So help me God.”or
“I,, do solemnly and sincerely promise and declare that” (
as above, omitting the words ‘So help me God’ ).”
(1) The Chief Executive Officer has the following functions:
(a) providing the corporate services of the Court;
(b) providing the corporate services of the Federal Circuit and Family Court of Australia (Division 1);
(c) providing the corporate services of the Federal Circuit and Family Court of Australia (Division 2).
(2) The Chief Executive Officer has the power to do all things necessary or convenient to be done for the purpose of subsection (1).
(3) The Chief Executive Officer must consult with the following persons in relation to the Chief Executive Officer’s performance of functions, or exercise of powers, under this section:
(a) the Chief Justice;
(b) the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1);
(c) the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2);
(d) the Chief Executive Officer of the Federal Circuit and Family Court of Australia.
(4) A failure to comply with subsection (3) in relation to a decision does not affect the validity of the decision.
(5) When performing functions, or exercising powers, under this section, before the Chief Executive Officer makes a decision that has the effect of imposing an expenditure obligation relating to the administrative affairs of a court mentioned in an item of the following table:
(a) the Chief Executive Officer must consult the person or persons mentioned in that item about the decision; and
(b) either:
(i) the person or persons mentioned in that item must consent to the decision; or
(ii) the Attorney‑General must consent to the decision, after the Attorney‑General has consulted the person or persons mentioned in that item about the decision.
1 | The Court | The Chief Justice |
2 | The Federal Circuit and Family Court of Australia (Division 1) | Both:
(b) the Chief Justice of the Court |
3 | The Federal Circuit and Family Court of Australia (Division 2) | Both:
(b) the Chief Justice of the Court |
Delegation
(6) The Chief Executive Officer may, in writing, delegate to the holder of an office or position referred to in subparagraph 18ZB(a)(ii) or (iii) all or any of his or her functions or powers under this section.
(7) If the Chief Executive Officer delegates a function or power to a person (the
delegate ) under subsection (6), the Chief Executive Officer may give written directions to the delegate in relation to the performance of the function or the exercise of the power.(8) The delegate must comply with any directions given under subsection (7).
Any judicial or other proceeding relating to a matter arising out of the Chief Executive Officer’s performance of functions, or exercise of powers, under section 18Z may be instituted by or against the Commonwealth, as the case requires.
For the purposes of the finance law:
(a) the following group of persons is a listed entity:
(i) the Chief Executive Officer;
(ii) the officers of the Court referred to in subsection 18N(1);
(iii) the staff of the Registries referred to in subsection 18N(7);
(iv) the Chief Executive Officer of the Federal Circuit and Family Court of Australia;
(v) the officers of the Federal Circuit and Family Court of Australia (Division 1) referred to in subsection 103(1) of the
Federal Circuit and Family Court of Australia Act 2021 ;(vi) the staff of the Registries of the Federal Circuit and Family Court of Australia (Division 1) referred to in subsection 103(6) of the
Federal Circuit and Family Court of Australia Act 2021 ;(vii) the officers of the Federal Circuit and Family Court of Australia (Division 2) referred to in section 259 of the
Federal Circuit and Family Court of Australia Act 2021 ;(viii) the staff of the Federal Circuit and Family Court of Australia (Division 2) referred to in section 265 of the
Federal Circuit and Family Court of Australia Act 2021 ;(x) the Native Title Registrar;
(xi) the Deputy Registrars of the National Native Title Tribunal;
(xii) the staff assisting the National Native Title Tribunal referred to in subsection 130(1) of the
Native Title Act 1993 ;(xiii) consultants engaged under section 18ZI for the purposes of the National Native Title Tribunal; and
(b) the listed entity is to be known as the Federal Court of Australia; and
(c) the Chief Executive Officer is the accountable authority of the listed entity; and
(d) the persons referred to in paragraph (a) are officials of the listed entity; and
(e) the purposes of the listed entity include the following:
(i) the functions of the Chief Executive Officer under sections 18B and 18Z of this Act;
(ii) the functions of the Chief Executive Officer of the Federal Circuit and Family Court of Australia under sections 84, 250 and 278 of the
Federal Circuit and Family Court of Australia Act 2021 ;(iv) the function of the Chief Executive Officer under subsection 129(1) of the
Native Title Act 1993 .
Section 110 of the
Public Governance, Performance and Accountability Act 2013 applies as if:
(a) for the delegation of a matter that relates to the administrative affairs of the Federal Circuit and Family Court of Australia (Division 1)—a reference to an official were a reference to:
(i) the Chief Executive Officer of the Federal Circuit and Family Court of Australia; or
(ii) the holder of an office or position referred to in subparagraph 18ZB(a)(v) or (vi) of this Act, being an office or position that, at the time the delegation is made, is nominated in writing by the Chief Executive Officer of the Federal Circuit and Family Court of Australia; and
(b) for the delegation of a matter that relates to the administrative affairs of the Federal Circuit and Family Court of Australia (Division 2)—a reference to an official were a reference to:
(i) the Chief Executive Officer of the Federal Circuit and Family Court of Australia; or
(ii) the holder of an office or position referred to in subparagraph 18ZB(a)(vii) or (viii) of this Act, being an office or position that, at the time the delegation is made, is nominated in writing by the Chief Executive Officer of the Federal Circuit and Family Court of Australia.
(1) This section applies if, in an Appropriation Act for the ordinary annual services of the Government:
(a) there is a departmental item (within the meaning of that Act) for the listed entity referred to in section 18ZB; and
(b) there is an outcome for the listed entity that relates to:
(i) the administrative affairs of the Court; or
(ii) the administrative affairs of the Federal Circuit and Family Court of Australia (Division 1); or
(iii) the administrative affairs of the Federal Circuit and Family Court of Australia (Division 2); or
(iv) the corporate services of the Court, the Federal Circuit and Family Court of Australia (Division 1) and the Federal Circuit and Family Court of Australia (Division 2), as referred to in subsection 18Z(1); and
(c) there is an amount (the
outcome amount ) set out, above the departmental item and opposite the outcome, under the heading “Departmental”.(2) Before spending a part of the outcome amount for another outcome for the listed entity, if the outcome amount relates to the administrative affairs of a court mentioned in an item of the following table, the Chief Executive Officer must:
(a) consult the person or persons mentioned in that item about the spending; and
(b) obtain the consent of:
(i) the person or persons mentioned in that item to the spending; or
(ii) the Attorney‑General to the spending.
1 | The Court | The Chief Justice |
2 | The Federal Circuit and Family Court of Australia (Division 1) | Both:
(b) the Chief Justice of the Court |
3 | The Federal Circuit and Family Court of Australia (Division 2) | Both:
(b) the Chief Justice of the Court |
(4) This section does not affect the operation of the Appropriation Act in relation to the listed entity’s departmental item.
Note: For example, the Appropriation Act provides that the listed entity’s departmental item may be applied for the departmental expenditure of the listed entity.
(1) For the purposes of the
Public Service Act 1999 :
(a) the persons referred to in subsection (2) together constitute a Statutory Agency; and
(b) the Chief Executive Officer is the Head of that Statutory Agency.
(2) The persons are the following:
(a) the Chief Executive Officer;
(b) the APS employees referred to in the following provisions:
(i) section 18N of this Act;
(iii) sections 103 and 253, subsections 260(1), 261(1), 262(1) and 263(1), and sections 264 and 265 of the
Federal Circuit and Family Court of Australia Act 2021 ;(iv) subsection 130(3) of the
Native Title Act 1993 .
(1) The Chief Executive Officer must make the services of APS employees who are officers of the Federal Circuit and Family Court of Australia (Division 1), or staff of the Registries of the Court, available for the purposes of assisting the Chief Executive Officer of the Federal Circuit and Family Court of Australia in the performance of functions under sections 84 and 278 of the
Federal Circuit and Family Court of Australia Act 2021 .(2) While a person is performing services made available under subsection (1), that person must do so in accordance with the directions of:
(a) the Chief Justice of the Federal Circuit and Family Court of Australia (Division 1); and
(b) the Chief Executive Officer of the Federal Circuit and Family Court of Australia.
(3) The Chief Executive Officer must make the services of APS employees who are officers of the Federal Circuit and Family Court of Australia (Division 2), or staff of the Court, available for the purposes of assisting the Chief Executive Officer of the Federal Circuit and Family Court of Australia in the performance of functions under sections 250 and 278 of the
Federal Circuit and Family Court of Australia Act 2021 .(4) While a person is performing services made available under subsection (3), that person must do so in accordance with the directions of:
(a) the Chief Judge of the Federal Circuit and Family Court of Australia (Division 2); and
(b) the Chief Executive Officer of the Federal Circuit and Family Court of Australia.
Section 78 of the
Public Service Act 1999 applies, in relation to the administrative affairs of the Federal Circuit and Family Court of Australia, as if the reference in subsection (7) to another person were a reference to the Chief Executive Officer of the Federal Circuit and Family Court of Australia.
(1) The following officers are to be appointed by the Chief Executive Officer:
(a) the officers of the Court referred to in paragraphs 18N(1)(aa) to (e) of this Act;
(b) the officers of the Federal Circuit and Family Court of Australia (Division 1) referred to in paragraphs 103(1)(a) to (e) of the
Federal Circuit and Family Court of Australia Act 2021 ;(c) the officers of the Federal Circuit and Family Court of Australia (Division 2) referred to in paragraphs 259(1)(a) to (g) of the
Federal Circuit and Family Court of Australia Act 2021 ;(d) the Deputy Registrars of the National Native Title Tribunal.
(2) The Chief Executive Officer may delegate the Chief Executive Officer’s powers under paragraph (1)(b) or (c) to appoint any or all of the officers to the Chief Executive Officer of the Federal Circuit and Family Court of Australia.
(3) The appointment of a person to more than one office, or an office or offices of more than one court, mentioned in subsection (1) may be made in a single instrument.
(1) The Chief Executive Officer may engage persons having suitable qualifications and experience as consultants to, or to perform services for:
(a) the Court; or
(b) the Federal Circuit and Family Court of Australia (Division 1); or
(c) the Federal Circuit and Family Court of Australia (Division 2); or
(d) the National Native Title Tribunal.
(2) The Chief Executive Officer may engage persons to perform:
(a) family counselling services under the
Family Law Act 1975 ; or(b) family dispute resolution services under the
Family Law Act 1975 .(3) An engagement under subsection (1) or (2) is to be made:
(a) on behalf of the Commonwealth; and
(b) by written agreement.
(4) The Chief Executive Officer may delegate the Chief Executive Officer’s powers under subsections (1) and (2) in relation to the Federal Circuit and Family Court of Australia to the Chief Executive Officer of the Federal Circuit and Family Court of Australia.
(1) If, under subsection 18ZH(2) or 18ZI(4), the Chief Executive Officer delegates any powers to the Chief Executive Officer of the Federal Circuit and Family Court of Australia, the Chief Executive Officer of the Federal Circuit and Family Court of Australia may, in writing, delegate all or any of those powers to:
(a) in relation to the Federal Circuit and Family Court of Australia (Division 1)—the holder of an office or position referred to in subparagraph 18ZB(a)(v) or (vi); or
(b) in relation to the Federal Circuit and Family Court of Australia (Division 2)—the holder of an office or position referred to in subparagraph 18ZB(a)(vii) or (viii).
(2) Sections 34AA, 34AB and 34A of the
Acts Interpretation Act 1901 apply to a delegation under this section in the same way as they apply to a delegation under section 18ZH or 18ZI.
(1) A person may be an officer of one or more of the following courts:
(a) the Court;
(b) the Federal Circuit and Family Court of Australia (Division 1);
(c) the Federal Circuit and Family Court of Australia (Division 2).
(2) Subsection (1) has effect despite anything in this Act and the
Federal Circuit and Family Court of Australia Act 2021 .
(1) The Court has such original jurisdiction as is vested in it by laws made by the Parliament.
(2) The original jurisdiction of the Court includes any jurisdiction vested in it to hear and determine appeals from decisions of persons, authorities or tribunals other than courts.
(1) Except as otherwise provided by this Act or any other Act, the original jurisdiction of the Court shall be exercised by a single Judge.
(1A) If the Chief Justice considers that a matter coming before the Court in the original jurisdiction of the Court is of sufficient importance to justify the giving of a direction under this subsection, the Chief Justice may direct that the jurisdiction of the Court in that matter, or a specified part of that matter, shall be exercised by a Full Court.
(1B) Subsection (1A) does not apply in relation to indictable primary proceedings.
(2) The jurisdiction of the Court in a matter coming before the Court from a tribunal or authority (other than a court) while constituted by, or by members who include, a person who is a Judge of the Court or of another court created by the Parliament shall be exercised by a Full Court.
(2A) Subsections (1A) and (2) have effect subject to subsections (3) and (5).
(3) Applications:
(a) for leave or special leave to institute proceedings in the Court; or
(b) for an extension of time within which to institute proceedings in the Court; or
(c) for leave to amend the grounds of an application or appeal to the Court; or
(d) to stay a decision of the tribunal or authority mentioned in subsection (2);
must be heard and determined by a single Judge unless:
(e) a Judge directs that the application be heard and determined by a Full Court; or
(f) the application is made in a proceeding that has already been assigned to a Full Court and the Full Court considers it is appropriate for it to hear and determine the application.
(4) The Rules of Court may make provision enabling applications of the kind mentioned in subsection (3) to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing either with or without the consent of the parties.
(5) In a matter coming before the Court as mentioned in subsection (1A) or (2), a single Judge (sitting in Chambers or in open court) or a Full Court may:
(a) join or remove a party; or
(aa) make an interlocutory order pending, or after, the determination of the matter by a Full Court; or
(b) make an order (including an order for costs) by consent disposing of the matter; or
(c) make an order that the matter be dismissed for want of prosecution; or
(d) make an order that the matter be dismissed for:
(i) failure to comply with a direction of the Court; or
(ii) failure of the applicant to attend a hearing relating to the matter; or
(da) vary or set aside an order under paragraph (aa), (c) or (d); or
(db) in relation to a civil matter, give directions under subsection 37P(2); or
(e) give other directions about the conduct of the matter, including directions about:
(i) the use of written submissions; and
(ii) limiting the time for oral argument.
(5A) An application for the exercise of a power mentioned in subsection (5) must be heard and determined by a single Judge unless:
(a) a Judge directs that the application be heard and determined by a Full Court; or
(b) the application is made in a proceeding that has already been assigned to a Full Court and the Full Court considers it is appropriate for it to hear and determine the application.
(6) The Rules of Court may make provision enabling the powers in subsection (5) to be exercised, subject to conditions prescribed by the Rules, without an oral hearing either with or without the consent of the parties.
(1) This section applies in relation to any civil matter coming before the Court in the original jurisdiction of the Court.
(2) The Court or a Judge may deal with the matter without an oral hearing (either with or without the consent of the parties) if satisfied that:
(a) the matter is frivolous or vexatious; or
(b) the issue or issues on which determination of the matter depends have been decided authoritatively in the case law; or
(c) determination of the matter would not be significantly aided by an oral hearing because:
(i) there is no real issue of fact relevant to determination of the matter; and
(ii) the legal arguments in relation to the matter can be dealt with adequately by written submissions.
(3) This section does not limit subsections 20(4) and (6).
(1) The Court may, in civil proceedings in relation to a matter in which it has original jurisdiction, make binding declarations of right, whether or not any consequential relief is or could be claimed.
(2) A suit is not open to objection on the ground that a declaratory order only is sought.
The Court shall, in every matter before the Court, grant, either absolutely or on such terms and conditions as the Court thinks just, all remedies to which any of the parties appears to be entitled in respect of a legal or equitable claim properly brought forward by him or her in the matter, so that, as far as possible, all matters in controversy between the parties may be completely and finally determined and all multiplicity of proceedings concerning any of those matters avoided.
The Court has power, in relation to matters in which it has jurisdiction, to make orders of such kinds, including interlocutory orders, and to issue, or direct the issue of, writs of such kinds, as the Court thinks appropriate.
The following is background to, and a simplified outline of, this Division:
• This Division sets out procedures to be followed during criminal proceedings in the Court relating to certain indictable offences.
• This Division does not confer jurisdiction on the Court in relation to indictable offences. Other provisions need to have done this.
• This Division does not set out all of the procedures to be followed during these criminal proceedings. It is supplemented by procedures set out in the Rules of Court, and also by procedures set out in:
(a) State and Territory laws; and
(b) Rules of Court of State and Territory courts;
as applied by sections 68, 68B and 68C of the
Judiciary Act 1903 .• The procedures set out in this Division include procedures about the following:
(a) preparing, amending and filing indictments;
(b) pre‑trial hearings and disclosure;
(c) empanelling and discharging juries;
(d) pleas and verdicts;
(e) persons committed to the Court for sentencing.
Events causing Division to apply, and meaning of key concepts
(1) This Division applies in relation to a person (the
accused ) if any of the following events happen:
(a) either the accused, the prosecutor or both appear before the Court in accordance with an order committing the accused for trial on indictment, or sentencing, before the Court for an indictable offence;
(b) the prosecutor files in the Court an indictment against the accused for an indictable offence (whether or not the accused has been examined and committed for trial on indictment);
(c) the prosecutor applies to the Court for an extension of time in which to file in the Court an indictment of the kind covered by paragraph (b) against the accused;
(d) the accused applies to the Court in relation to the prosecutor’s failure to file an indictment against the accused in response to an order committing the accused for trial on indictment before the Court for an indictable offence;
(e) either the accused, the prosecutor or both appear before the Court in accordance with an order of a State or Territory court granting the accused bail in relation to an indictable offence.
Indictable primary proceedings
(2) This Division applies in relation to the following proceedings (the
indictable primary proceedings ):
(a) proceedings in the Court that are commenced by, or that include, an event mentioned in subsection (1);
(b) proceedings in the Court for sentencing the accused if the Court, in proceedings covered by paragraph (a), has accepted a plea of guilty, or a verdict of guilty, for a count in the indictment in relation to the accused;
(c) proceedings in the Court that are ancillary to proceedings covered by paragraph (a) or (b).
Parties to the proceedings
(3) In indictable primary proceedings, the accused and the prosecutor are
parties to the proceedings.Note: More than one accused may be a party to the proceedings if they are prosecuted on a single indictment (see sections 23BB and 23BD).
The prosecutor may include alternate counts in an indictment.
The prosecutor may, in an indictment, include a single count against more than one accused for the same indictable offence if the count is founded on alleged facts that are the same or substantially the same for each accused.
(1) The Court may order one or more accused included in a single count in an indictment to be tried separately:
(a) in the same proceedings on a different count in the same indictment; or
(b) in separate proceedings on one or more further indictments;
if the Court is satisfied that it is expedient to do so in the interests of justice.
(2) If the Court makes an order under subsection (1), the Court may make such other orders as it thinks appropriate in the circumstances.
(3) The Court may make an order under subsection (1) before trial or during the trial.
Single accused
(1) The prosecutor may, in a single indictment, include counts against the accused for more than one indictable offence if those counts:
(a) are founded on alleged facts that are the same or substantially the same; or
(b) are, or form part of, a series of alleged indictable offences:
(i) of the same or a similar character; or
(ii) committed in the pursuit of a single purpose.
Multiple accused
(2) The prosecutor may, in a single indictment, include counts against more than one accused for the same or different indictable offences if those counts:
(a) are founded on alleged facts that are the same or substantially the same; or
(b) are, or form part of, a series of alleged indictable offences:
(i) of the same or a similar character; or
(ii) committed in the pursuit of a single purpose.
(1) The Court may order one or more counts in an indictment to be tried separately:
(a) in separate proceedings; and
(b) on one or more further indictments;
if the Court is satisfied that it is expedient to do so in the interests of justice.
(2) If the Court makes an order under subsection (1), the Court may make such other orders as it thinks appropriate in the circumstances.
(3) The Court may make an order under subsection (1) before trial or during the trial.
Scope
(1) This section applies if the accused is committed for trial before the Court for an indictable offence.
General rule—indictments must be filed within 3 months
(2) An indictment may only include a count that covers the offence if the indictment is filed in the Court as soon as practicable, and in any event within 3 months, after the committal order is made.
Extension—if accused/count separated from earlier indictment
(3) Subsection (2) does not prevent the inclusion of a count in an indictment if:
(a) the count contains the same offence, in relation to the accused, as an earlier count from which the accused was separated by an order under subsection 23BC(1); and
(b) the indictment is filed within 3 months after:
(i) if the Court accepts a plea of guilty, or a verdict of guilty, in relation to the earlier count and any of the other accused remaining covered by that count—the end of sentencing proceedings relating to that count; or
(ii) otherwise—the end of the trial of those other accused remaining covered by the earlier count.
(4) Subsection (2) does not prevent the inclusion of a count in an indictment if:
(a) the count is the same as another count relating to the accused that was separated from an earlier indictment by an order under subsection 23BE(1); and
(b) the first‑mentioned indictment is filed within 3 months after:
(i) if the Court accepts a plea of guilty, or a verdict of guilty, in relation to any of the counts remaining in the earlier indictment—the end of sentencing proceedings relating to those counts; or
(ii) otherwise—the end of the trial relating to the counts remaining in the earlier indictment.
(5) The Court may order that subsection (3) or (4) does not apply in relation to an indictment, and may make such other orders about the time within which the indictment must be filed as the Court thinks appropriate in the circumstances.
Extension—by court order
(6) On application by the prosecutor, the Court may, by order, extend (or further extend) the time by which, under subsection (2), (3), (4) or (5), an indictment is required to be filed.
(7) The Court may exercise its power under subsection (6) only if the application for the extension (or further extension) is made before the end of the period to be extended (or further extended).
No effect on filing indictments in other courts
(8) This section does not prevent an indictment of the accused for the indictable offence being filed in another court that has jurisdiction in relation to the offence.
(1) If the accused is committed for trial before the Court for an indictable offence and an indictment is not filed in the Court within the time required by section 23BF, the Court may:
(a) discharge the accused; and
(b) make such other orders as it thinks appropriate in the circumstances.
(2) Subsection (1) has effect subject to subsections (3) and (4).
(3) The Court must not:
(a) proceed with the trial as if an indictment had been filed in the Court; or
(b) acquit the accused of the offence.
(4) Subsection (1) does not apply if an indictment of the accused for the indictable offence is filed in another court that has jurisdiction in relation to the offence.
(1) The prosecutor may, in accordance with the Rules of Court, amend or replace an indictment in relation to an accused at any time when:
(a) no date has been set for the start of the trial of the accused on the indictment; or
(b) the 90 day period ending on the date set for the start of the trial of the accused on the indictment has not started.
Note: A trial starts when the accused is arraigned before a jury (see subsection 23FA(2)).
(2) If the 90 day period ending on the date set for the start of the trial has started, or the trial has started, the prosecutor may only amend or replace the indictment with the leave of the Court.
(3) If the prosecutor replaces an indictment under subsection (1) or (2), the Court must dismiss the replaced indictment.
(4) If an indictment is amended or replaced, the Court may make such orders as it thinks appropriate in the circumstances.
Note: If, for example, an indictment was amended to remove a count against the accused, the Court could discharge the accused in relation to that count.
(5) This section does not affect the amendment of an indictment under other provisions of this Division.
If the Court notifies the prosecutor and the accused in writing of a pre‑trial hearing in relation to an indictment filed in the Court:
(a) the prosecutor and the accused must attend the pre‑trial hearing; and
(b) the accused must enter a plea to each count in the indictment that relates to the accused (unless the accused has already done so in a previous pre‑trial hearing).
Note: The Court may also order pre‑trial disclosure (see subsection 23CD(1)).
(1) During a pre‑trial hearing, the Court may make orders and determinations for the efficient management and disposal of a trial on the indictment.
(2) Without limiting subsection (1), the Court may do any or all of the following under that subsection:
(a) make orders, or give leave, under Subdivision B (matters relating to indictments);
(b) hear and determine an objection to the indictment;
(c) make an order under subsection 23CD(1) (pre‑trial disclosure);
(d) determine the admissibility of evidence;
(e) hear and determine a submission that the matter should not proceed to trial for a reason not mentioned in a preceding paragraph of this subsection;
(f) rule on a matter of law that may arise during a trial on the indictment.
Note 1: The Court could, for example, rule whether business records are admissible.
Note 2: For the purposes of paragraph (2)(b), the bases on which the accused may object to an indictment are set out in subsection 23CP(1).
(3) If a trial on the indictment starts, an order or determination under subsection (1) applies for the trial unless the Court is satisfied that to follow the order or determination would be contrary to the interests of justice.
If a matter covered by paragraph 23CB(2)(b) or (e) was not raised during the pre‑trial hearings for an indictment, the matter cannot be raised during the trial unless the Court is satisfied that to not do so would be contrary to the interests of justice.
(1) After the indictment is filed in the Court and before a trial on the indictment starts, the Court may order:
(a) the prosecutor to give the accused notice of the case for the prosecution in accordance with section 23CE; and
(b) the accused, after having been given notice of the case for the prosecution, to give the prosecutor notice of the accused’s response in accordance with section 23CF; and
(c) the prosecutor, after having been given notice of the accused’s response, to give the accused notice of the prosecution’s response to the accused’s response in accordance with section 23CG; and
(d) the prosecutor and the accused to make ongoing disclosures in accordance with section 23CH until, for each count in the indictment relating to the accused, the accused is either:
(i) convicted of the offence covered by the count; or
(ii) discharged in relation to the count.
The order may specify the time within which each disclosure is to be made.
(2) The accused must give the following to the prosecutor as soon as practicable after the accused’s first pre‑trial hearing before the Court in relation to the indictment:
(a) if at the trial the accused proposes to adduce supporting evidence of an alibi—notice of particulars, prepared in accordance with the Rules of Court, of that alibi;
(b) if at the trial the accused proposes to adduce supporting evidence that the accused was suffering from a mental impairment (within the meaning of section 7.3 of the
Criminal Code )—notice of particulars, prepared in accordance with the Rules of Court, of that impairment.
(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(i) TheFederal Court of Australia Act 1976 was amended by section 3 only of theStatute Law (Miscellaneous Provisions) Act 1987 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(j) TheFamily Court of Australia (Additional Jurisdiction and Exercise of Powers) Act 1988 was amended by Part XI (sections 34 and 35) only of theLaw and Justice Legislation Amendment Act 1988 , subsection 2(6) of which provides as follows:
(6) Part XI shall be taken to have commenced on 5 April 1988.
(k) TheFederal Court of Australia Act 1976 was amended by Part 12 (sections 35–37) only of theLaw and Justice Legislation Amendment Act 1989 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the 28th day after the day on which it receives the Royal Assent.
(l) TheFederal Court of Australia Act 1976 was amended by section 49 only of theLaw and Justice Legislation Amendment Act 1990 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
s 4............................................. | am No 60, 1996; No 70, 2002; No 55, 2009; No 106, 2009; No 117, 2009; No 122, 2009; No 58, 2011; No 186, 2012; No 187, 2012; No 13, 2013; No 9, 2014; No 132, 2015; No 24, 2016; No 13, 2021; No 41, 2024 |
s. 4A.......................................... | ad. No. 24, 2001 |
Part II heading............................ | rs. No. 60, 1996 |
Division 1 heading...................... | ad. No. 60, 1996 |
s. 5............................................ | am. No. 141, 1987; No. 60, 1996 |
s. 6............................................ | am. No. 87, 1979; No. 49, 1992; No 43, 1996; No 60, 1996; No. 117, 2009; No 13, 2021 |
s. 6A.......................................... | ad. No. 55, 2009 |
s. 7............................................ | am. No. 60, 1996; No. 55, 2009 |
s. 8............................................ | am. No. 60, 1996 |
s. 9............................................ | am. No 43, 1996; No 60, 1996 |
s. 11........................................... | am. No. 43, 1996 |
s. 13........................................... | am. No. 61, 1981; No. 43, 1996 |
rep. No. 60, 1996 | |
ad. No. 55, 2009 | |
s 13A......................................... | ad No 13, 2021 |
s. 14........................................... | am. No. 61, 1981; No 43, 1996; No 60, 1996 |
s. 15........................................... | am. No. 87, 1979; No 43, 1996; No 60, 1996 (as am by No 125, 1999); No 55, 2009; No 117, 2009; No. 187, 2012; No 13, 2021 |
s. 15A........................................ | ad. No. 8, 1988 |
am. No. 60, 1996; No 24, 2016 | |
rep No 13, 2021 | |
s. 16........................................... | am. No 43, 1996; No 60, 1996 |
s 17............................................ | am No 186, 2012; No 3, 2022 |
Division 2.................................. | ad. No. 60, 1996 |
rep. No. 70, 2002 | |
s. 18AA..................................... | ad. No. 60, 1996 |
rep. No. 70, 2002 | |
s. 18AB...................................... | ad. No. 60, 1996 |
am. No. 34, 1997; No. 97, 1998; No. 133, 1999 | |
rep. No. 70, 2002 | |
ss. 18AC–18AH.......................... | ad. No. 60, 1996 |
rep. No. 70, 2002 | |
s. 18AI....................................... | ad. No. 60, 1996 |
am. No. 146, 1999 | |
rep. No. 70, 2002 | |
ss. 18AJ–18AM.......................... | ad. No. 60, 1996 |
rep. No. 70, 2002 | |
Part IIA...................................... | ad. No. 157, 1989 |
Division 1 heading...................... | am. No. 60, 1996 |
rs No 24, 2016 | |
s. 18A........................................ | ad. No. 157, 1989 |
am. No. 60, 1996; No. 122, 2009; No 24, 2016; No 13, 2021 | |
s. 18B........................................ | ad. No. 157, 1989 |
am. No. 60, 1996; No 24, 2016 | |
s 18BAA.................................... | ad No 24, 2016 |
s. 18BA...................................... | ad. No. 55, 2009 |
Division 1A................................ | ad No 62, 2014 |
rep No 24, 2016 | |
s. 18BB...................................... | ad. No 62, 2014 |
rep No 24, 2016 | |
Division 2 heading...................... | rs No 24, 2016 |
s 18C......................................... | ad. No. 157, 1989 |
am. No. 60, 1996 | |
rs No 24, 2016 | |
s 18D......................................... | ad. No. 157, 1989 |
am. No. 60, 1996; No 24, 2016 | |
s. 18E........................................ | ad. No. 157, 1989 |
am No 24, 2016 | |
s. 18F......................................... | ad. No. 157, 1989 |
am. No. 60, 1996; No. 159, 2001; No 24, 2016 | |
s. 18G........................................ | ad. No. 157, 1989 |
rs. No. 122, 1991 | |
am. No. 60, 1996; No. 146, 1999; No 24, 2016 | |
s. 18H........................................ | ad. No. 157, 1989 |
am No 24, 2016 | |
s. 18J......................................... | ad. No. 157, 1989 |
am. No. 60, 1996; No 24, 2016 | |
s. 18K........................................ | ad. No. 157, 1989 |
am. No. 122, 1991; No. 94, 1992; No. 26, 2008; No. 58, 2011; No 24, 2016 | |
s. 18L........................................ | ad. No. 157, 1989 |
am. No. 60, 1996; No 62, 2014; No 24, 2016 | |
s. 18M....................................... | ad. No. 157, 1989 |
am. No. 60, 1996; No. 46, 2011; No 24, 2016 | |
s. 18N........................................ | ad. No. 157, 1989 |
am. No. 60, 1996; No. 34, 1997; No. 146, 1999; No. 70, 2002; No 24, 2016; No 13, 2021 | |
s. 18P......................................... | ad. No. 157, 1989 |
am. No. 106, 2009 | |
s 18PA....................................... | ad No 13, 2021 |
s 18PB....................................... | ad No 13, 2021 |
s 18PC....................................... | ad No 13, 2021 |
s. 18Q........................................ | ad. No. 157, 1989 |
rs. No. 146, 1999 | |
rep No 24, 2016 | |
s. 18R........................................ | ad. No. 157, 1989 |
rep No 24, 2016 | |
s. 18S......................................... | ad. No. 157, 1989 |
am. No. 60, 1996 | |
rs. No. 152, 1997 | |
am No 62, 2014; No 24, 2016 | |
ss. 18T, 18U............................... | ad. No. 157, 1989 |
am. No. 60, 1996 | |
rep. No. 152, 1997 | |
s. 18V........................................ | ad. No. 157, 1989 |
rep. No. 136, 1991 | |
s. 18W....................................... | ad. No. 157, 1989 |
am. No. 60, 1996 | |
s. 18X........................................ | ad. No. 157, 1989 |
am No 24, 2016 | |
s. 18XA..................................... | ad. No. 187, 2012 |
s. 18Y........................................ | ad. No. 143, 1992 |
am. No. 60, 1996; No 24, 2016 | |
Part IIB...................................... | ad No 24, 2016 |
s 18Z......................................... | ad No 24, 2016 |
am No 13, 2021 | |
s 18ZA....................................... | ad No 24, 2016 |
s 18ZB....................................... | ad No 24, 2016 |
am No 13, 2021 | |
s 18ZC....................................... | ad No 24, 2016 |
rs No 13, 2021 | |
s 18ZD....................................... | ad No 24, 2016 |
am No 13, 2021 | |
s 18ZE....................................... | ad No 24, 2016 |
am No 13, 2021 | |
s 18ZF....................................... | ad No 24, 2016 |
rs No 13, 2021 | |
s 18ZG....................................... | ad No 24, 2016 |
rs No 13, 2021 | |
s 18ZH....................................... | ad No 24, 2016 |
am No 24, 2016; No 13, 2021 | |
s 18ZI........................................ | ad No 24, 2016 |
am No 13, 2021 | |
s 18ZJ........................................ | ad No 24, 2016 |
rs No 13, 2021 | |
s 18ZK....................................... | ad No 24, 2016 |
rs No 13, 2021 | |
Division 1.................................. | rs. No. 106, 2009 |
s. 19........................................... | am. No. 91, 1983 |
s. 20........................................... | am. No. 19, 1979; No. 76, 1986; No. 60, 1996; No. 70, 2002; No. 62, 2004; No 106, 2009; No 117, 2009; No 122, 2009 |
s. 20A........................................ | ad. No. 117, 2009 |
s. 21........................................... | am. No. 106, 2009 |
s. 22........................................... | am. No. 43, 1996 |
Division1A................................. | ad. No. 106, 2009 |
s. 23AA..................................... | ad. No. 106, 2009 |
s 23AB....................................... | ad No 106, 2009 |
am No 103, 2010; | |
s 23BA....................................... | ad No 106, 2009 |
s 23BB....................................... | ad No 106, 2009 |
s 23BC....................................... | ad No 106, 2009 |
s 23BD....................................... | ad No 106, 2009 |
s 23BE....................................... | ad No 106, 2009 |
s 23BF....................................... | ad No 106, 2009 |
s 23BG....................................... | ad No 106, 2009 |
s 23BH....................................... | ad No 106, 2009 |
am No 132, 2015 | |
s 23CA....................................... | ad No 106, 2009 |
rs No 132, 2015 | |
s 23CB....................................... | ad No 106, 2009 |
s 23CC....................................... | ad No 106, 2009 |
s 23CD....................................... | ad No 106, 2009 |
am No 103, 2010; No 41, 2024 | |
s 23CE....................................... | ad No 106, 2009 |
am No 132, 2015 | |
s 23CF....................................... | ad No 106, 2009 |
s 23CG....................................... | ad No 106, 2009 |
s 23CH....................................... | ad No 106, 2009 |
s 23CI........................................ | ad No 106, 2009 |
s 23CJ........................................ | ad No 106, 2009 |
s 23CK....................................... | ad No 106, 2009 |
s 23CL....................................... | ad No 106, 2009 |
s 23CM...................................... | ad No 106, 2009 |
s 23CN....................................... | ad No 106, 2009 |
s 23CO....................................... | ad No 106, 2009 |
s 23CP....................................... | ad No 106, 2009 |
s 23CQ....................................... | ad No 106, 2009 |
am No 24, 2016 | |
Subdivision D............................. | rs No 41, 2024 |
s 23DA...................................... | ad No 106, 2009 |
rs No 41, 2024 | |
s 23DB....................................... | ad No 106, 2009 |
rs No 41, 2024 | |
s 23DC....................................... | ad No 106, 2009 |
rs No 41, 2024 | |
s 23DD...................................... | ad No 106, 2009 |
rs No 41, 2024 | |
s 23DE....................................... | ad No 106, 2009; No 136, 2012 |
rs No 41, 2024 | |
Subdivision DA heading.............. | ad No 41, 2024 |
s 23DF....................................... | ad No 106, 2009 |
rs No 41, 2024 | |
s 23DG...................................... | ad No 106, 2009 |
am No 132, 2015 | |
rs No 41, 2024 | |
s 23DH...................................... | ad No 106, 2009 |
rs No 41, 2024 | |
s 23DI........................................ | ad No 106, 2009 |
rep No 41, 2024 | |
s 23DJ........................................ | ad No 106, 2009 |
am No 129, 2012 | |
rs No 41, 2024 | |
s 23DK...................................... | ad No 106, 2009 |
rs No 41, 2024 | |
s 23DL....................................... | ad No 106, 2009 |
rs No 41, 2024 | |
s 23DM...................................... | ad No 106, 2009 |
rs No 41, 2024 | |
s 23DN...................................... | ad No 106, 2009 |
rs No 41, 2024 | |
s 23DO...................................... | ad No 106, 2009 |
rep No 41, 2024 | |
s 23DP....................................... | ad No 106, 2009 |
rs No 41, 2024 | |
s 23DQ...................................... | ad No 106, 2009 |
rs No 41, 2024 | |
s 23DR....................................... | ad No 106, 2009 |
rs No 41, 2024 | |
Subdivision DB heading.............. | ad No 41, 2024 |
s 23DS....................................... | ad No 106, 2009 |
rs No 41, 2024 | |
s 23DT....................................... | ad No 106, 2009 |
rs No 41, 2024 | |
s 23DU...................................... | ad No 106, 2009 |
rs No 41, 2024 | |
s 23DV...................................... | ad No 106, 2009 |
am No 132, 2015 | |
rs No 41, 2024 | |
s 23DW...................................... | ad No 106, 2009 |
rs No 41, 2024 | |
s 23DX...................................... | ad No 106, 2009 |
rs No 41, 2024 | |
s 23DY...................................... | ad No 106, 2009 |
rs No 41, 2024 | |
s 23DZ....................................... | ad No 106, 2009 |
rs No 41, 2024 | |
Subdivision DC heading.............. | ad No 41, 2024 |
s 23DZA.................................... | ad No 106, 2009 |
rs No 41, 2024 | |
s 23DZB.................................... | ad No 41, 2024 |
s 23DZC.................................... | ad No 41, 2024 |
s 23DZD.................................... | ad No 41, 2024 |
s 23DZE..................................... | ad No 41, 2024 |
Subdivision DD.......................... | ad No 41, 2024 |
s 23DZF..................................... | ad No 41, 2024 |
s 23DZG.................................... | ad No 41, 2024 |
s 23DZH.................................... | ad No 41, 2024 |
s 23DZJ..................................... | ad No 41, 2024 |
s 23DZK.................................... | ad No 41, 2024 |
s 23DZL..................................... | ad No 41, 2024 |
s 23DZM.................................... | ad No 41, 2024 |
s 23DZN.................................... | ad No 41, 2024 |
s 23DZP..................................... | ad No 41, 2024 |
s 23DZQ.................................... | ad No 41, 2024 |
s 23EAA.................................... | ad No 41, 2024 |
s 23EAB.................................... | ad No 41, 2024 |
s 23EAC.................................... | ad No 41, 2024 |
s 23EAD.................................... | ad No 41, 2024 |
s 23EA....................................... | ad No 106, 2009 |
s 23EB....................................... | ad No 106, 2009 |
am No 41, 2024 | |
s 23EC....................................... | ad No 106, 2009 |
s 23ED....................................... | ad No 106, 2009 |
s 23EE....................................... | ad No 106, 2009 |
s 23EF....................................... | ad No 106, 2009 |
s. 23EG...................................... | ad. No 106, 2009 |
am No 46, 2011 | |
s 23EH....................................... | ad No 106, 2009 |
am No 41, 2024 | |
s 23EI........................................ | ad No 106, 2009 |
am No 41, 2024 | |
s 23EJ........................................ | ad No 106, 2009 |
am No 41, 2024 | |
s 23EK....................................... | ad No 106, 2009 |
s 23EL....................................... | ad No 106, 2009 |
am No 132, 2015; No 41, 2024 | |
s 23EM...................................... | ad No 106, 2009 |
am No 132, 2015; No 41, 2024 | |
ss. 23FA–23FK........................... | ad. No. 106, 2009 |
s 23GA...................................... | ad No 106, 2009 |
s 23GB....................................... | ad No 106, 2009 |
am No 132, 2015 | |
s. 23HA..................................... | ad. No. 106, 2009 |
am No 24, 2016 | |
s. 23HB...................................... | ad. No. 106, 2009 |
s. 23HC...................................... | ad. No. 106, 2009 |
am No. 186, 2012 | |
s. 23HD..................................... | ad. No. 106, 2009 |
s. 23HE...................................... | ad. No. 106, 2009 |
Division 1B................................ | ad No 41, 2024 |
s 23K......................................... | ad No 41, 2024 |
s 23L......................................... | ad No 41, 2024 |
Division 2 heading...................... | rs. No. 106, 2009 |
s. 23P......................................... | ad. No. 106, 2009 |
s. 24........................................... | am. No. 72, 1984; No. 65, 1985; No. 34, 1997; No. 194, 1999; No. 70, 2002; No. 23, 2006; No 106, 2009; No 117, 2009; No. 186, 2012; No. 13, 2013; No 9, 2014; No 13, 2021 |
s. 25........................................... | am. No. 72, 1984; No. 115, 1990; No. 84, 1994; No. 60, 1996; No 125, 1999; No 194, 1999; No. 70, 2002; No. 62, 2004; No. 137, 2005; No 117, 2009; No 122, 2009; No. 13, 2013; No 13, 2021 |
s. 26........................................... | am. No. 60, 1996; No. 117, 2009 |
s. 27........................................... | am. No. 84, 1994; No. 70, 2002 |
s. 28........................................... | am. No. 106, 2009 |
s. 29........................................... | am. No. 43, 1996; No. 194, 1999; No. 13, 2013; No 13, 2021 |
s. 29A........................................ | ad. No. 115, 1990 |
rep. No. 106, 2009 | |
s. 30A........................................ | ad. No. 11, 1990 |
am. No. 34, 1997 | |
rep. No. 70, 2002 | |
Division 2A................................ | ad. No. 106, 2009 |
s 30AA...................................... | ad No 106, 2009 |
am No 41, 2024 | |
s 30AB....................................... | ad No 106, 2009 |
s 30AC....................................... | ad No 106, 2009 |
s 30AD...................................... | ad No 106, 2009 |
s 30AE....................................... | ad No 106, 2009 |
am No 132, 2015 | |
s 30AF....................................... | ad No 106, 2009 |
s 30AG...................................... | ad No 106, 2009 |
s 30AH...................................... | ad No 106, 2009 |
s 30AI........................................ | ad No 106, 2009 |
s 30AJ........................................ | ad No 106, 2009 |
s 30AK...................................... | ad No 106, 2009 |
s 30AL....................................... | ad No 106, 2009 |
am No 132, 2015 | |
s 30BA....................................... | ad No 106, 2009 |
s 30BB....................................... | ad No 106, 2009 |
s 30BC....................................... | ad No 106, 2009 |
s 30BD....................................... | ad No 106, 2009 |
s 30BE....................................... | ad No 106, 2009 |
s 30BF....................................... | ad No 106, 2009 |
am No 132, 2015; No 41, 2024 | |
s 30BG....................................... | ad No 106, 2009 |
s 30BH....................................... | ad No 106, 2009 |
ss. 30CA, 30CB.......................... | ad. No. 106, 2009 |
s. 30DA..................................... | ad. No. 106, 2009 |
s. 31........................................... | am. No. 60, 1996 |
s. 31A........................................ | ad. No. 137, 2005 |
am. No. 106, 2009 | |
s. 31B........................................ | ad. No. 106, 2009 |
s. 32........................................... | am. No. 106, 2009 |
s. 32AA..................................... | ad. No. 194, 1999 |
am. No. 13, 2013 | |
rs. No. 13, 2013 | |
am No 13, 2021 | |
s. 32AB...................................... | ad. No. 194, 1999 |
am. No. 23, 2006; No. 106, 2009; No. 13, 2013; No 13, 2021 | |
s 32AC....................................... | ad No 13, 2021 |
s 32AD...................................... | ad No 13, 2021 |
s 32AE....................................... | ad No 41, 2024 |
s. 32A........................................ | ad. No. 19, 1979 |
am. No. 193, 1985; No. 70, 1990; No. 60, 1996; No. 70, 2002; No. 106, 2009; No 36, 2010 | |
Part IIIA..................................... | ad. No. 70, 1990 |
rep No 36, 2010 | |
s. 32B........................................ | ad. No. 70, 1990 |
am. No. 112, 1994; No. 103, 2010 | |
rep. No 36, 2010 | |
s. 32C........................................ | ad. No. 70, 1990 |
am. No. 112, 1994 | |
rep. No 36, 2010 | |
s. 32D........................................ | ad. No. 70, 1990 |
rs. No. 112, 1994 | |
rep. No 36, 2010 | |
s. 32E........................................ | ad. No. 70, 1990 |
am. No. 112, 1994 | |
rep. No 36, 2010 | |
s. 32F......................................... | ad. No. 70, 1990 |
am. No. 112, 1994 | |
rep. No 36, 2010 | |
ss. 32G, 32H............................... | ad. No. 70, 1990 |
rep. No. 112, 1994 | |
ss. 32J–32L................................ | ad. No. 70, 1990 |
rep. No. 112, 1994 | |
s. 32M....................................... | ad. No. 70, 1990 |
am. No. 112, 1994 | |
rep. No 36, 2010 | |
s. 32N........................................ | ad. No. 70, 1990 |
rs. No. 112, 1994 | |
rep. No 36, 2010 |
s. 32P......................................... | ad. No. 70, 1990 |
am. No. 112, 1994; No. 3, 2011 | |
rep. No 36, 2010 | |
s. 32Q........................................ | ad. No. 70, 1990 |
am. No. 112, 1994 | |
rep. No 36, 2010 | |
ss. 32R, 32S................................ | ad. No. 70, 1990 |
rep. No. 112, 1994 | |
s. 32T........................................ | ad. No. 70, 1990 |
rep. No 36, 2010 | |
s. 32U........................................ | ad. No. 70, 1990 |
rep. No 36, 2010 | |
s. 32V........................................ | ad. No. 70, 1990 |
rep. No 36, 2010 | |
s. 32W....................................... | ad. No. 70, 1990 |
am. No. 112, 1991; No. 34, 1997 | |
rep. No 36, 2010 | |
s. 32X........................................ | ad. No. 70, 1990 |
rep. No 36, 2010 | |
s. 32Y........................................ | ad. No. 70, 1990 |
rep. No 36, 2010 | |
s. 32Z........................................ | ad. No. 70, 1990 |
rep. No 36, 2010 | |
s. 32ZA...................................... | ad. No. 70, 1990 |
rep. No 36, 2010 | |
s. 32ZB...................................... | ad. No. 70, 1990 |
rep. No 36, 2010 | |
s. 32ZC...................................... | ad. No. 70, 1990 |
rep. No 36, 2010 | |
s. 32ZD...................................... | ad. No. 70, 1990 |
rep. No. 112, 1994 | |
s. 32ZE...................................... | ad. No. 70, 1990 |
am. No. 24, 2001 | |
rep. No 36, 2010 | |
s. 32ZF...................................... | ad. No. 70, 1990 |
am. No. 112, 1994; No 43, 1996; No 60, 1996 | |
rep. No 36, 2010 | |
s. 33........................................... | am. No. 11, 1984; No. 194, 1999; No. 117, 2009; No 9, 2014 |
Part IVA.................................... | ad. No. 181, 1991 |
ss. 33A, 33B............................... | ad. No. 181, 1991 |
ss. 33C–33H............................... | ad. No. 181, 1991 |
ss. 33J–33N................................ | ad. No. 181, 1991 |
ss. 33P–33W............................... | ad. No. 181, 1991 |
ss. 33X, 33Y............................... | ad. No. 181, 1991 |
s. 33Z........................................ | ad. No. 181, 1991 |
ss. 33ZA, 33ZB........................... | ad. No. 181, 1991 |
ss. 33ZC, 33ZD........................... | ad. No. 181, 1991 |
ss. 33ZE–33ZG........................... | ad. No. 181, 1991 |
s. 33ZH...................................... | ad. No. 181, 1991 |
rs. No. 103, 2010 | |
s. 33ZJ....................................... | ad. No. 181, 1991 |
s. 34........................................... | am. No 43, 1996; No 60, 1996; No. 117, 2009; No 24, 2016; No 13, 2021 |
s. 35........................................... | rs. No. 157, 1989 |
am. No. 60, 1996 | |
s 35A......................................... | ad No 72, 1984 |
am No 43, 1996; No 146, 1999; No 24, 2016; No 41, 2024 | |
s. 36........................................... | am. No 43, 1996; No 60, 1996; No 24, 2016 |
s. 37........................................... | rs. No. 19, 1979 |
am. No. 70, 2002; No 24, 2016 | |
Part VAA................................... | ad. No. 186, 2012 |
s. 37AA..................................... | ad. No. 186, 2012 |
s. 37AB...................................... | ad. No. 186, 2012 |
s. 37AC...................................... | ad. No. 186, 2012 |
s. 37AD..................................... | ad. No. 186, 2012 |
s. 37AE...................................... | ad. No. 186, 2012 |
s. 37AF...................................... | ad. No. 186, 2012 |
s. 37AG..................................... | ad. No. 186, 2012 |
s. 37AH..................................... | ad. No. 186, 2012 |
s. 37AI....................................... | ad. No. 186, 2012 |
s. 37AJ....................................... | ad. No. 186, 2012 |
s. 37AK..................................... | ad. No. 186, 2012 |
s. 37AL...................................... | ad. No. 186, 2012 |
Part VAAA................................ | ad. No. 186, 2012 |
s. 37AM..................................... | ad. No. 186, 2012 |
s. 37AN..................................... | ad. No. 186, 2012 |
s. 37AO..................................... | ad. No. 186, 2012 |
am No 24, 2016 | |
s. 37AP...................................... | ad. No. 186, 2012 |
am No 24, 2016 | |
s. 37AQ..................................... | ad. No. 186, 2012 |
am No 24, 2016 | |
s. 37AR...................................... | ad. No. 186, 2012 |
s. 37AS...................................... | ad. No. 186, 2012 |
s. 37AT...................................... | ad. No. 186, 2012 |
Part VA...................................... | ad. No. 110, 1993 |
ss. 37A–37C............................... | ad. No. 110, 1993 |
s. 37D........................................ | ad. No. 110, 1993 |
am. No. 159, 2001 | |
s. 37E........................................ | ad. No. 110, 1993 |
am. No. 60, 1996 | |
s. 37F......................................... | ad. No. 110, 1993 |
am. No. 146, 1999 | |
ss. 37G, 37H............................... | ad. No. 110, 1993 |
s. 37I......................................... | ad. No. 110, 1993 |
am. No. 26, 2008; No. 58, 2011 | |
ss. 37J, 37K................................ | ad. No. 110, 1993 |
s. 37L........................................ | ad. No. 110, 1993 |
am. No. 60, 1996 | |
Part VB...................................... | ad. No. 117, 2009 |
s 37M........................................ | ad. No. 117, 2009 |
s 37N......................................... | ad. No. 117, 2009 |
s. 37P......................................... | ad. No. 117, 2009 |
s 39............................................ | am No 106, 2009 |
s 40............................................ | am. No. 106, 2009 |
s. 41........................................... | am. No. 106, 2009; No 24, 2016 |
s. 42........................................... | am. No. 43, 1996; No. 24, 2001 |
rep. No. 106, 2009 | |
s 43............................................ | am No 143, 1992; No 55, 2009; No 106, 2009; No 117, 2009; No 186, 2012; No 9, 2015; No 89, 2024 |
s. 44........................................... | am. No. 3, 1995; No. 125, 1999; No 24, 2016 |
s. 45........................................... | am. No. 61, 1981; No. 43, 1996; No. 125, 1999; No. 70, 2002; No. 106, 2009; No 24, 2016; No 31, 2016 |
s. 46........................................... | am. No. 43, 1996; No. 106, 2009; No 186, 2012 |
s. 47........................................... | am. No. 19, 1979; No. 84, 1994; No. 43, 1996; No. 70, 2002; No. 106, 2009 |
s. 47A........................................ | ad. No. 70, 2002 |
am. No. 106, 2009; No 36, 2010 | |
s. 47B........................................ | ad. No. 70, 2002 |
am No 36, 2010 | |
s. 47C........................................ | ad. No. 70, 2002 |
s. 47D........................................ | ad. No. 70, 2002 |
s. 47E........................................ | ad. No. 70, 2002 |
s. 47F......................................... | ad. No. 70, 2002 |
s. 47G........................................ | ad. No. 70, 2002 |
am No 36, 2010 | |
s. 48........................................... | am. No. 106, 2009 |
s. 49........................................... | am. No. 19, 1979; No. 61, 1981; No. 43, 1996 |
rs. No. 117, 2009 | |
am No 13, 2021 | |
s. 50........................................... | am. No. 106, 2009 |
rep. No. 186, 2012 | |
s. 51........................................... | am. No. 43, 1996 |
s. 51A........................................ | ad. No. 165, 1984 |
am. No. 115, 1990 | |
s. 52........................................... | am. No. 115, 1990 |
s. 53A........................................ | ad. No. 113, 1991 |
am. No. 175, 1995; No. 34, 1997; No 106, 2009; No 117, 2009 | |
ss. 53AA, 53AB.......................... | ad. No. 175, 1995 |
am. No. 60, 1996 | |
ss. 53B, 53C............................... | ad. No. 113, 1991 |
s. 54........................................... | am. No. 113, 1991; No. 175, 1995 |
s 54A......................................... | ad. No. 122, 2009 |
s 54B......................................... | ad. No. 122, 2009 |
s 55AA...................................... | ad No 13, 2021 |
s 55A......................................... | ad No 9, 2015 |
s. 56........................................... | am. No. 115, 1990; No. 43, 1996; No. 106, 2009 |
s. 57........................................... | am. No. 43, 1996 |
s. 58........................................... | am. No. 43, 1996; No. 194, 1999; No. 24, 2001 |
Part VIA.................................... | ad. No. 106, 2009 |
s 58AA...................................... | ad No 106, 2009 |
am No 41, 2024 | |
ed C57 | |
s 58AB....................................... | ad No 106, 2009 |
s 58AC....................................... | ad No 106, 2009 |
s 58AD...................................... | ad No 106, 2009 |
s 58AE....................................... | ad No 106, 2009 |
am No 41, 2024 | |
s 58AF....................................... | ad No 106, 2009 |
s 58AG...................................... | ad No 106, 2009 |
s 58AH...................................... | ad No 106, 2009 |
s 58AI........................................ | ad No 106, 2009 |
s 58AJ........................................ | ad No 106, 2009 |
s 58AK...................................... | ad No 106, 2009 |
s 58AL....................................... | ad No 106, 2009 |
s 58AM...................................... | ad No 106, 2009 |
ss. 58BA–58BG.......................... | ad. No. 106, 2009 |
Part VIB..................................... | ad. No. 106, 2009 |
s. 58CA...................................... | ad. No. 106, 2009 |
s. 58DA..................................... | ad. No. 106, 2009 |
s 58DB....................................... | ad No 106, 2009 |
am No 103, 2010; No 41, 2024 | |
s 58DC....................................... | ad. No. 106, 2009 |
am No 122, 2015 | |
s 58DD...................................... | ad. No. 106, 2009 |
am No 24, 2016 | |
s 58DE....................................... | ad. No. 106, 2009 |
am No 24, 2016 | |
s 58DF....................................... | ad. No. 106, 2009 |
s 58DG...................................... | ad. No. 106, 2009 |
s 58DH...................................... | ad. No. 106, 2009 |
ss. 58EA–58EC........................... | ad. No. 106, 2009 |
s 58FA....................................... | ad. No. 106, 2009 |
s 58FB....................................... | ad. No. 106, 2009 |
am No 24, 2016 | |
s 58FC....................................... | ad. No. 106, 2009 |
s 58FD....................................... | ad. No. 106, 2009 |
am No 24, 2016 | |
s 58FE....................................... | ad. No. 106, 2009 |
ss. 58GA–58GD.......................... | ad. No. 106, 2009 |
ss. 58HA, 58HB.......................... | ad. No. 106, 2009 |
s 59............................................ | am No 26, 1982; No 99, 1988; No 11, 1990; No 70, 1990; No 113, 1991; No 110, 1993; No 84, 1994; No 112, 1994; No 3, 1995; No 60, 1996; No 70, 2002; No 140, 2003; No 106, 2009; No 122, 2009; No 107, 2012; No 36, 2013; No 10, 2015; No 24, 2016; No 78, 2018; No 13, 2021 |
s 59A......................................... | ad No 140, 2003 |
am No 10, 2015 | |
s 60............................................ | am No 106, 2009; No 125, 1999 |
The Schedule.............................. | am No 60, 1996; No 136, 1991 |
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