Judiciary Act 1903 (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.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
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Contents
This Act may be cited as the
Judiciary Act 1903 .
In this Act, unless the contrary intention appears:
AGS has the meaning given by section 55J.
Appeal includes an application for a new trial and any proceeding to review or call in question the proceedings decision or jurisdiction of any Court or Judge.
Cause includes any suit, and also includes criminal proceedings.
Chief Justice includes a Justice for the time being performing the duties and exercising the powers of the Chief Justice.
Defendant includes any person against whom any relief is sought in a matter or who is required to attend the proceedings in a matter as a party thereto.
examination and commitment for trial on indictment includes commitment for trial on indictment.
Judgment includes any judgment decree order or sentence.
Justice means a Justice of the High Court and includes the Chief Justice.
legal practitioner means a person entitled, under an Act or a law of a State or Territory, to practise as one of the following:
(a) a legal practitioner;
(b) a barrister;
(c) a solicitor;
(d) a barrister and solicitor.
Matter includes any proceeding in a Court, whether between parties or not, and also any incidental proceeding in a cause or matter.
Plaintiff includes any person seeking any relief against any other person by any form of proceeding in a Court.
related summary offence has the meaning given by subsection 67G(3).
Suit includes any action or original proceeding between parties.
This Act extends to all the Territories.
The jurisdiction of the High Court may, subject to the provisions of this Act, be exercised by any one or more Justices sitting in open Court.
The jurisdiction of the High Court may be exercised by a Justice sitting other than in open court in the cases following:
(a) Applications relating to the conduct of a cause or matter;
(b) Applications relating to the custody management or preservation of property, or to the sale of property and the disposition of the purchase money;
(c) Applications for orders or directions as to any matter which by this Act or by Rules of Court is made subject to the direction of a Justice sitting other than in open court;
(d) Any other applications which by this or any Act or by Rules of Court are authorized to be made to a Justice sitting other than in open court.
But on the application of either party the Justice may order the application to be adjourned into Court and heard in open Court.
(1) In any matter pending in the High Court, not being a matter in which the High Court has exclusive jurisdiction, the Supreme Court of a State shall be invested with federal jurisdiction to hear and determine any applications which may be made to a Justice of the High Court sitting other than in open court.
(2) Such jurisdiction may be exercised by a single Judge of the Supreme Court sitting in Chambers or otherwise, and the order of the Judge shall have the effect of an order of a Justice of the High Court sitting other than in open court.
Any Justice of the High Court sitting alone, whether in Court or otherwise, may state any case or reserve any question for the consideration of a Full Court, or may direct any case or question to be argued before a Full Court, and a Full Court shall thereupon have power to hear and determine the case or question.
Except as hereinafter provided, a Full Court may be constituted by any two or more Justices of the High Court sitting together.
The jurisdiction of the High Court to hear and determine appeals from judgments:
(a) of a Justice of the High Court exercising the original jurisdiction of the High Court; or
(b) of the Supreme Court of a State exercising federal jurisdiction when such jurisdiction is exercised by a single Judge; or
(c) of any other court exercising federal jurisdiction; or
(d) of the Inter‑State Commission;
and to hear and determine applications for a new trial of any cause or matter, after a trial before any such Justice or any such Court exercising federal jurisdiction, shall be exercised by a Full Court.
(1) Applications for special leave to appeal to the High Court from a judgment of another court may be heard and determined by a single Justice or by a Full Court and the Rules of Court may provide for enabling such applications to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing.
Quorum of Justices on appeals from State Supreme Courts
(2) The jurisdiction of the High Court to hear and determine appeals from judgments of the Supreme Court of a State sitting as a Full Court, shall be exercised by a Full Court consisting of not less than three Justices.
(3) The reference in subsection (2) to the Supreme Court of a State sitting as a Full Court shall be read as a reference to the Supreme Court of a State when constituted by 2 or more Judges, and includes the Supreme Court of a State when so constituted for the purpose of sitting as the Court of Appeal of the State.
Applications to the High Court for a certificate that a question as to the limits
inter se of the Constitutional powers of the Commonwealth and those of any State or States, or as to the limitsinter se of the Constitutional powers of any two or more States, which has been decided by the High Court, is one which ought to be determined by the Queen in Council, shall be heard and determined by a Full Court consisting of not less than three Justices.
(1) A Full Court consisting of less than all the Justices shall not give a decision on a question affecting the constitutional powers of the Commonwealth, unless at least three Justices concur in the decision.
(2) Subject to the last preceding subsection, when the Justices sitting as a Full Court are divided in opinion as to the decision to be given on any question, the question shall be decided according to the decision of the majority, if there is a majority; but if the Court is equally divided in opinion:
(a) in the case where a decision of a Justice of the High Court (whether acting as a Justice of the High Court or in some other capacity), a decision of a Supreme Court of a State or Territory or a Judge of such a Court, a decision of the Federal Court of Australia or a Judge of that Court or a decision of the Federal Circuit and Family Court of Australia (Division 1) or a Judge of that Court is called in question by appeal or otherwise, the decision appealed from shall be affirmed; and
(b) in any other case, the opinion of the Chief Justice, or if he or she is absent the opinion of the Senior Justice present, shall prevail.
The High Court shall have the same power to punish contempts of its power and authority as is possessed at the commencement of this Act by the Supreme Court of Judicature in England.
The process of the High Court shall run, and the judgments and orders of the High Court shall have effect and may be executed, throughout the Commonwealth.
(1) The High Court may give judgment for one party against another in relation to the whole or any part of a proceeding if:
(a) the first party is prosecuting the proceeding or that part of the proceeding; and
(b) the Court is satisfied that the other party has no reasonable prospect of successfully defending the proceeding or that part of the proceeding.
(2) The High Court may give judgment for one party against another in relation to the whole or any part of a proceeding if:
(a) the first party is defending the proceeding or that part of the proceeding; and
(b) the Court is satisfied that the other party has no reasonable prospect of successfully prosecuting the proceeding or that part of the proceeding.
(3) For the purposes of this section, a defence or a proceeding or part of a proceeding need not be:
(a) hopeless; or
(b) bound to fail;
for it to have no reasonable prospect of success.
(4) This section does not limit any powers that the High Court has apart from this section.
The High Court and every Justice thereof sitting other than in open court shall have jurisdiction to award costs in all matters brought before the Court, including matters dismissed for want of jurisdiction.
An appeal shall not lie to the High Court from a decision of a Justice of the Court, or from a decision of the Supreme Court of a State exercising federal jurisdiction, with respect to costs which are in the discretion of the Court, except by leave of the Justice or Court.
When there are several defendants in any cause pending in the High Court, if any defendant is not served with process and does not voluntarily appear, the Court may nevertheless entertain the cause and proceed to hear and determine it between the parties who are properly before the Court; but the judgment given in the cause shall not conclude or prejudice other parties who are not regularly served with process and do not voluntarily submit to the jurisdiction of the Court.
When, in any suit of which the High Court has original jurisdiction, any defendant is not a resident of or found within the Commonwealth, and does not voluntarily appear in the suit, the Court may nevertheless proceed to exercise its jurisdiction after such notice to the defendant and upon such terms as are prescribed by Rules of Court.
In addition to the matters in which original jurisdiction is conferred on the High Court by the Constitution, the High Court shall have original jurisdiction:
(a) in all matters arising under the Constitution or involving its interpretation; and
(c) in trials of indictable offences against the laws of the Commonwealth.
The High Court in the exercise of its original jurisdiction may make and pronounce all such judgments as are necessary for doing complete justice in any cause or matter pending before it, and may for the execution of any such judgment in any part of the Commonwealth direct the issue of such process, whether in use in the Commonwealth before the commencement of this Act or not, as is permitted or prescribed by this or any Act or by Rules of Court.
The High Court in the exercise of its original jurisdiction in any cause or matter pending before it, whether originated in the High Court or removed into it from another Court, shall have power to grant, and shall grant, either absolutely or on such terms and conditions as are just, all such remedies whatsoever as any of the parties thereto are entitled to in respect of any legal or equitable claim properly brought forward by them respectively in the cause or matter; so that as far as possible all matters in controversy between the parties regarding the cause of action, or arising out of or connected with the cause of action, may be completely and finally determined, and all multiplicity of legal proceedings concerning any of such matters may be avoided.
(1) The High Court may make orders or direct the issue of writs:
(a) commanding the performance by any court invested with federal jurisdiction, of any duty relating to the exercise of its federal jurisdiction; or
(b) requiring any court to abstain from the exercise of any federal jurisdiction which it does not possess; or
(c) commanding the performance of any duty by any person holding office under the Commonwealth; or
(d) removing from office any person wrongfully claiming to hold any office under the Commonwealth; or
(e) of mandamus; or
(f) of
habeas corpus .(2) This section shall not be taken to limit by implication the power of the High Court to make any order or direct the issue of any writ.
The High Court may by order direct that an award in an arbitration in respect of any matter over which the High Court has original jurisdiction, or in respect of which original jurisdiction may be conferred upon the High Court, shall be a Rule of the High Court.
(1) The High Court shall, except as provided by this Act, have jurisdiction to hear and determine appeals from all judgments whatsoever of any Justice or Justices, exercising the original jurisdiction of the High Court whether in Court or otherwise.
(2) An appeal shall not be brought without the leave of the High Court from an interlocutory judgment of a Justice or Justices exercising the original jurisdiction of the High Court whether in Court or otherwise.
(1) The jurisdiction of the High Court to hear and determine appeals from:
(a) judgments of the Supreme Court of a State, whether given or pronounced in the exercise of federal jurisdiction or otherwise; or
(b) judgments of any other court of a State given or pronounced in the exercise of federal jurisdiction;
whether in civil or criminal matters, is subject to the exceptions and regulations prescribed by this section.
(2) An appeal shall not be brought from a judgment, whether final or interlocutory, referred to in subsection (1) unless the High Court gives special leave to appeal.
(5) The foregoing provisions of this section have effect subject to any special provision made by an Act other than this Act, whether passed before or after the commencement of this section, preventing or permitting appeals from the Supreme Courts of the States in particular matters.
(1) Subject to subsections (2) and (3), the High Court has jurisdiction to hear and determine appeals from judgments of the Supreme Court of a Territory.
(2) An appeal shall not be brought from a judgment, whether final or interlocutory, referred to in subsection (1) unless the High Court gives special leave to appeal.
(2A) An appeal may not be brought to the High Court from a judgment of the Supreme Court of the Australian Capital Territory given after the commencement of this subsection when that Court is known as the Court of Disputed Elections under subsection 252(1) of the
Electoral Act 1992 of that Territory.(3) Subsection (1) has effect subject to any special provision made by an Act other than this Act, whether passed before or after the commencement of this section, preventing or permitting appeals from the Supreme Court of a Territory.
In considering whether to grant an application for special leave to appeal to the High Court under this Act or under any other Act, the High Court may have regard to any matters that it considers relevant but shall have regard to:
(a) whether the proceedings in which the judgment to which the application relates was pronounced involve a question of law:
(i) that is of public importance, whether because of its general application or otherwise; or
(ii) in respect of which a decision of the High Court, as the final appellate court, is required to resolve differences of opinion between different courts, or within the one court, as to the state of the law; and
(b) whether the interests of the administration of justice, either generally or in the particular case, require consideration by the High Court of the judgment to which the application relates.
The High Court in the exercise of its appellate jurisdiction shall have power to grant a new trial in any cause in which there has been a trial whether with or without a jury.
The High Court in the exercise of its appellate jurisdiction may affirm reverse or modify the judgment appealed from, and may give such judgment as ought to have been given in the first instance, and if the cause is not pending in the High Court may in its discretion award execution from the High Court or remit the cause to the Court from which the appeal was brought for the execution of the judgment of the High Court; and in the latter case it shall be the duty of that Court to execute the judgment of the High Court in the same manner as if it were its own judgment.
Subject to sections 39B and 44, the jurisdiction of the High Court shall be exclusive of the jurisdiction of the several Courts of the States in the following matters:
(a) matters arising directly under any treaty;
(b) suits between States, or between persons suing or being sued on behalf of different States, or between a State and a person suing or being sued on behalf of another State;
(c) suits by the Commonwealth, or any person suing on behalf of the Commonwealth, against a State, or any person being sued on behalf of a State;
(d) suits by a State, or any person suing on behalf of a State, against the Commonwealth or any person being sued on behalf of the Commonwealth;
(e) matters in which a writ of mandamus or prohibition is sought against an officer of the Commonwealth or a federal court.
Note: Under the
Jurisdiction of Courts (Cross‑vesting) Act 1987 , State Supreme Courts are, with some exceptions and limitations, invested with the same civil jurisdiction as the Federal Court has, including jurisdiction under section 39B of this Act.
(1) The jurisdiction of the High Court, so far as it is not exclusive of the jurisdiction of any Court of a State by virtue of section 38, shall be exclusive of the jurisdiction of the several Courts of the States, except as provided in this section.
(2) The several Courts of the States shall within the limits of their several jurisdictions, whether such limits are as to locality, subject‑matter, or otherwise, be invested with federal jurisdiction, in all matters in which the High Court has original jurisdiction or in which original jurisdiction can be conferred upon it, except as provided in section 38, and subject to the following conditions and restrictions:
(a) A decision of a Court of a State, whether in original or in appellate jurisdiction, shall not be subject to appeal to Her Majesty in Council, whether by special leave or otherwise.
Special leave to appeal from decisions of State Courts though State law prohibits appeal
(c) The High Court may grant special leave to appeal to the High Court from any decision of any Court or Judge of a State notwithstanding that the law of the State may prohibit any appeal from such Court or Judge.
(1) The federal jurisdiction with which a Court of a State is invested by or under any Act, whether the investing occurred or occurs before or after the commencement of this section, including federal jurisdiction invested by a provision of this Act other than the last preceding section:
(a) shall be taken to be invested subject to the provisions of paragraph (a) of subsection (2) of the last preceding section; and
(b) shall be taken to be invested subject to paragraph 39(2)(c) (whether or not the jurisdiction is expressed to be invested subject to that paragraph), so far as it can apply and is not inconsistent with a provision made by or under the Act by or under which the jurisdiction is invested;
in addition to any other conditions or restrictions subject to which the jurisdiction is expressed to be invested.
(2) Nothing in this section or the last preceding section, or in any Act passed before the commencement of this section, shall be taken to prejudice the application of any of sections 72 to 77 (inclusive) in relation to jurisdiction in respect of indictable offences.
Scope of original jurisdiction
(1) Subject to subsections (1B), (1C) and (1EA), the original jurisdiction of the Federal Court of Australia includes jurisdiction with respect to any matter in which a writ of mandamus or prohibition or an injunction is sought against an officer or officers of the Commonwealth.
(1A) The original jurisdiction of the Federal Court of Australia also includes jurisdiction in any matter:
(a) in which the Commonwealth is seeking an injunction or a declaration; or
(b) arising under the Constitution, or involving its interpretation; or
(c) arising under any laws made by the Parliament, other than a matter in respect of which a criminal prosecution is instituted or any other criminal matter.
Note: Section 67G of this Act, along with certain other laws of the Commonwealth, confer criminal jurisdiction on the Federal Court of Australia.
Jurisdiction for certain writs that relate to criminal prosecutions etc.
(1B) If a decision to prosecute a person for an offence against a law of the Commonwealth, a State or a Territory has been made by an officer or officers of the Commonwealth and the prosecution is proposed to be commenced in a court of a State or Territory:
(a) the Federal Court of Australia does not have jurisdiction with respect to any matter in which a person seeks a writ of mandamus or prohibition or an injunction against the officer or officers in relation to that decision; and
(b) the Supreme Court of the State or Territory in which the prosecution is proposed to be commenced is invested with, or has conferred on it, jurisdiction with respect to any such matter.
(1C) Subject to subsection (1D), at any time when:
(a) a prosecution for an offence against a law of the Commonwealth, a State or a Territory is before a court of a State or Territory; or
(b) an appeal arising out of such a prosecution is before a court of a State or Territory;
the following apply:
(c) the Federal Court of Australia does not have jurisdiction with respect to any matter in which the person who is or was the defendant in the prosecution seeks a writ of mandamus or prohibition or an injunction against an officer or officers of the Commonwealth in relation to a related criminal justice process decision;
(d) the Supreme Court of the State or Territory in which the prosecution or appeal is before a court is invested with, or has conferred on it, jurisdiction with respect to any such matter.
(1D) Subsection (1C) does not apply where a person has applied for a writ of mandamus or prohibition, or an injunction, against an officer or officers of the Commonwealth in relation to a related criminal justice process decision before the commencement of a prosecution for an offence against a law of the Commonwealth, or of a State or a Territory.
(1E) Where subsection (1D) applies, the prosecutor may apply to the court for a permanent stay of the proceedings referred to in that subsection, and the court may grant such a stay if the court determines that:
(a) the matters the subject of the proceedings are more appropriately dealt with in the criminal justice process; and
(b) a stay of proceedings will not substantially prejudice the person.
Jurisdiction for certain writs that relate to civil proceedings
(1EA) If:
(a) a civil proceeding is before the Federal Circuit and Family Court of Australia or a court of a State or Territory; or
(b) an appeal arising out of such a proceeding is before the Federal Circuit and Family Court of Australia (Division 1) or a court of a State or Territory;
the following apply:
(c) the Federal Court of Australia does not have jurisdiction with respect to any matter in which a person who is or was a party to the proceeding seeks a writ of mandamus or prohibition or an injunction against an officer or officers of the Commonwealth in relation to a related civil proceeding decision;
(d) the following court is invested with, or has conferred on it, jurisdiction with respect to any such matter:
(i) if the civil proceeding or appeal is before the Federal Circuit and Family Court of Australia (Division 1)—that court; or
(ii) if the civil proceeding or appeal is before the Federal Circuit and Family Court of Australia (Division 2)—that court; or
(iii) if the civil proceeding or appeal is before a court of a State or Territory—the Supreme Court of the State or Territory.
Jurisdictional rules to apply despite any other law
(1F) Subsections (1B), (1C), (1D), (1E) and (1EA) have effect despite anything in any other law. In particular:
(a) neither the
Jurisdiction of Courts (Cross‑vesting) Act 1987 , nor any other law, has the effect of giving the Federal Court of Australia jurisdiction contrary to subsection (1B), (1C) or (1EA); and(b) neither section 9 of the
Administrative Decisions (Judicial Review) Act 1977 , nor any other law, has the effect of removing from the Supreme Court of a State or Territory the jurisdiction given to that Court by subsection (1B), (1C) or (1EA).
References to officer or officers of the Commonwealth
(2) The reference in subsection (1), (1B), (1C) or (1D) to an officer or officers of the Commonwealth does not include a reference to a Judge or Judges of the Federal Circuit and Family Court of Australia (Division 1).
Definitions
(3) In this section:
civil proceeding has the same meaning as in theNational Security Information (Criminal and Civil Proceedings) Act 2004 .
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).
related civil proceeding decision , in relation to a civil proceeding, means:
(a) a decision of the Attorney‑General to give:
(i) notice under section 6A of the
National Security Information (Criminal and Civil Proceedings) Act 2004 in relation to the proceeding; or(ii) a certificate under section 38F or 38H of that Act in relation to the proceeding; or
(b) a decision of the Minister appointed by the Attorney‑General under section 6A of that Act to give:
(i) notice under section 6A of that Act in relation to the proceeding; or
(ii) a certificate under section 38F or 38H of that Act in relation to the proceeding.
related criminal justice process decision , in relation to an offence, means:
(a) a decision (other than a decision to prosecute) made in the criminal justice process in relation to the offence, including:
(i) a decision in connection with the investigation, committal for trial or prosecution of the defendant; and
(ii) a decision in connection with the appointment of investigators or inspectors for the purposes of such an investigation; and
(iii) a decision in connection with the issue of a warrant, including a search warrant or a seizure warrant; and
(iv) a decision requiring the production of documents, the giving of information or the summoning of persons as witnesses; and
(v) a decision in connection with an appeal arising out of the prosecution; or
(b) a decision of the Attorney‑General to give a certificate under section 26 or 28 of the
National Security Information (Criminal and Civil Proceedings) Act 2004 before or during a federal criminal proceeding (within the meaning of that Act) in relation to the offence.
(1) Any cause or part of a cause arising under the Constitution or involving its interpretation that is at any time pending in a federal court other than the High Court or in a court of a State or Territory may, at any stage of the proceedings before final judgment, be removed into the High Court under an order of the High Court, which may, upon application of a party for sufficient cause shown, be made on such terms as the Court thinks fit, and shall be made as of course upon application by or on behalf of the Attorney‑General of the Commonwealth, the Attorney‑General of a State, the Attorney‑General of the Australian Capital Territory or the Attorney‑General of the Northern Territory.
(2) Where:
(a) a cause is at any time pending in a federal court other than the High Court or in a court of a Territory; or
(b) there is at any time pending in a court of a State a cause involving the exercise of federal jurisdiction by that court;
the High Court may, upon application of a party or upon application by or on behalf of the Attorney‑General of the Commonwealth, at any stage of the proceedings before final judgment, order that the cause or a part of the cause be removed into the High Court on such terms as the Court thinks fit.
(3) Subject to the Constitution, jurisdiction to hear and determine a cause or part of a cause removed into the High Court by an order under subsection (2), to the extent that that jurisdiction is not otherwise conferred on the High Court, is conferred on the High Court by this section.
(4) The High Court shall not make an order under subsection (2) unless:
(a) all parties consent to the making of the order; or
(b) the Court is satisfied that it is appropriate to make the order having regard to all the circumstances, including the interests of the parties and the public interest.
(5) Where an order for removal is made under subsection (1) or (2), the proceedings in the cause and such documents, if any, relating to the cause as are filed of record in the court in which the cause was pending, or, if part only of a cause is removed, a certified copy of those proceedings and documents, shall be transmitted by the Registrar or other proper officer of that court to the Registry of the High Court.
When a cause or part of a cause is removed into the High Court under section 40, further proceedings in that cause or part of a cause shall be as directed by the High Court.
(1) Where a cause or part of a cause is removed into the High Court under section 40, the High Court may, at any stage of the proceedings, remit the whole or a part of that cause or part of a cause to the court from which it was removed, with such directions to that court as the High Court thinks fit.
(2) Where it appears to the High Court that the High Court does not have original jurisdiction, whether by virtue of subsection (3) of section 40 or otherwise, in a cause or part of a cause that has been removed into the High Court under section 40, the High Court shall proceed no further in the cause or part of a cause but shall remit it to the court from which it was removed.
Where a cause is removed in whole or in part into the High Court from another court:
(a) every order relating to the custody or preservation of any property the subject‑matter of the cause that has been made before the removal remains in force until it is discharged or varied by the High Court;
(b) any attachment or sequestration of the goods or estate of a defendant had in the cause before the removal holds the goods or estate so attached or sequestered to answer the final judgment of the High Court in the same manner as by law they would have been held to answer the final judgment of the court in which the cause was commenced;
(c) all undertakings or security given by any party in the cause before the removal remain valid and effectual; and
(d) all injunctions, orders and other proceedings granted, made or taken in the cause before the removal remain in full force and effect until the High Court otherwise orders.
(1) Any matter other than a matter to which subsection (2) applies that is at any time pending in the High Court, whether originally commenced in the High Court or not, or any part of such a matter, may, upon the application of a party or of the High Court’s own motion, be remitted by the High Court to any federal court, court of a State or court of a Territory that has jurisdiction with respect to the subject‑matter and the parties, and, subject to any directions of the High Court, further proceedings in the matter or in that part of the matter, as the case may be, shall be as directed by the court to which it is remitted.
(2) Where a matter referred to in paragraph 38(a), (b), (c) or (d) is at any time pending in the High Court, the High Court may, upon the application of a party or of the High Court’s own motion, remit the matter, or any part of the matter, to the Federal Court of Australia or any court of a State or Territory.
(2A) Where a matter in which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party is at any time pending in the High Court, the High Court may, upon the application of a party or of the High Court’s own motion, remit the matter, or any part of the matter, to the Federal Court of Australia.
(3) Where the High Court remits a matter, or any part of a matter, under subsection (2) or (2A) to a court:
(a) that court has jurisdiction in the matter, or in that part of the matter, as the case may be; and
(b) subject to any directions of the High Court, further proceedings in the matter, or in that part of the matter, as the case may be, shall be as directed by that court.
(4) The High Court may remit a matter, or any part of a matter, under this section without an oral hearing.
When a cause is removed in whole or in part from any court into the High Court, the defendant may set up by way of defence any matter that he or she might have set up if the cause had been commenced in the High Court, notwithstanding that the court from which the cause was removed did not have jurisdiction to entertain the matter of defence or could not entertain it in the same cause.
In this Part:
Australia includes the external Territories.
court means a court of Victoria, and includes a Judge of such a court and any Magistrate, Justice of the Peace or Coroner of Victoria.
make , in relation to an order being a direction, includes give.
order includes a direction.
proceedings means criminal proceedings arising out of, or in any way relating to, the incident that occurred at the Sheraton Hotel in Melbourne on the night of 30 November 1983 involving the Australian Secret Intelligence Service.
This Part applies to and in relation to:
(a) all natural persons, whether resident in Australia or not and whether Australian citizens or not; and
(b) all bodies corporate, whether incorporated in Australia or not;
and extends to acts done or omitted to be done outside Australia.
This Part binds the Crown in right of the Commonwealth, of each of the States and of the Northern Territory.
(1) If a court makes an order to which this subsection applies in relation to proceedings before the court on the ground, or on grounds that include the ground, however the ground is expressed, that the making of the order is necessary or desirable in the interests of the national or international security of Australia or in the interests of the physical safety of the accused, of a witness or of any other person, a person shall not contravene or fail to comply with the order so far as it is applicable in relation to the last‑mentioned person.
(2) By force of this subsection, an order referred to in subsection (1) applies, except so far as is inconsistent with the express terms of the order, in like manner as this Part applies by virtue of section 47.
(3) Subsection (1) applies to:
(a) an order that the proceedings are, or part of the proceedings is, to take place in a closed hearing;
(b) an order that a person is, or persons included in a specified class of persons are, to be excluded from the whole or part of the proceedings;
(c) an order prohibiting or restricting the disclosure of information with respect to the whole or part of the proceedings;
(d) an order prohibiting or restricting the publication of a report of or relating to the whole or part of the proceedings;
(e) an order for the purpose of ensuring that no person without the approval of the court has access, whether before, during or after the hearing of the proceedings, to any indictment, affidavit, exhibit or other document used in the proceedings or to the records of the court relating to the proceedings; or
(f) an order combining any 2 or more of the foregoing orders.
(4) If a person contravenes or fails to comply with an order referred to in subsection (1), the Federal Court of Australia has the same powers to punish the person for the contravention or failure as if the order had been made by that Court.
(1) Subject to subsection (2), the Attorney‑General of the Commonwealth shall, as soon as practicable after each 30 June, lay before each House of the Parliament a report setting out:
(a) the number of proceedings in which, to his or her knowledge, orders referred to in subsection 49(1) were made during the year that ended on that date; and
(b) particulars of those proceedings, including particulars of the judgments.
(2) Subsection (1) does not require the making of a report in terms that would be inconsistent with any order referred to in subsection 49(1).
This Part does not apply in relation to an order made later than 2 years after the commencement of the
Criminal Proceedings Act 1984 of Victoria.
A person who has been admitted to practise as a barrister or solicitor, or as both, under rules made in pursuance of paragraph (ga) of section 86 of this Act is, subject to those rules, entitled to practise in any federal court as a barrister or solicitor, or as both, as the case may be.
(1) Subject to this section, a person who:
(a) is for the time being entitled to practise as a barrister or solicitor, or as both, in the Supreme Court of a State; or
(b) is for the time being entitled, under a law (including this Act) in force in a Territory, to practise as a barrister or solicitor, or as both, in the Supreme Court of that Territory;
has the like entitlement to practise in any federal court.
(2) A person is not entitled to practise in a federal court as a solicitor by reason of paragraph (b) of the last preceding subsection unless:
(a) he or she has been admitted to practise as a solicitor or legal practitioner by the Supreme Court of the Territory; or
(b) he or she practises as a solicitor in the Territory and his or her sole or principal place of business as a solicitor is in the Territory.
(3) A person is not entitled to practise as a barrister or solicitor in a federal court by reason of subsection (1) unless his or her name appears in the Register of Practitioners kept in accordance with the next succeeding section as a person entitled to practise in that capacity.
(4) A person who is, under subsection (1), entitled to practise as a barrister or solicitor, or both, in any federal court has a right of audience:
(a) in any court of a State in relation to the exercise by the court of federal jurisdiction; and
(b) in any court of an internal Territory in relation to the exercise by the court of federal‑type jurisdiction.
(5) The Chief Justice of the Supreme Court of a State or an internal Territory may direct the Registrar or other proper officer of that Supreme Court to keep a Register of Practitioners for the purposes of subsection (4) and, where such a Register is kept in a State or Territory, a person is not entitled, in a court of that State or Territory, to the right of audience referred to in subsection (4) unless he or she is registered in that Register.
(6) Where a Register is kept in a State or Territory in accordance with subsection (5), a person who satisfies the Registrar or other officer keeping the Register that he or she is a person referred to in subsection (4) is entitled to be registered in that Register.
(7) Where it is proved to the satisfaction of the Supreme Court of a State or Territory constituted by 2 or more Judges that a person who is registered in the Register kept in that State or Territory in accordance with subsection (5) has been guilty of conduct that justifies it in so doing, the Supreme Court may order that person’s registration be cancelled or be suspended for a specified period, but the Supreme Court may, at any time, order that the registration of the person be restored or that the suspension be terminated.
(8) The Registrar or other proper officer of the Supreme Court shall make such alterations and notations in a Register kept by him or her as are required by reason of orders of the Supreme Court under subsection (7).
(9) Notwithstanding subsection (6), where the registration of a person has been cancelled in accordance with subsection (7) and has not been restored, or is for the time being suspended, that person is not entitled again to be registered in the Register except pursuant to an order under subsection (7).
(10) In this section:
federal‑type jurisdiction , in relation to a court of an internal Territory, means jurisdiction conferred on the court by or under a law of the Commonwealth, but does not include jurisdiction conferred on the court under an Act providing for the acceptance, administration or government of that Territory.
(1) For the purposes of section 55B, the Chief Executive and Principal Registrar of the High Court shall cause a Register of Practitioners to be kept at the Registry of the High Court.
(2) Where it is shown to the satisfaction of the Chief Executive and Principal Registrar that a person would, but for subsection (3) of the last preceding section, be for the time being entitled by reason of that section to practise as a barrister or solicitor, or as both, in federal courts, the Chief Executive and Principal Registrar shall cause the name of the person, and the capacity in which he or she is to be entitled to practise, to be entered in the Register of Practitioners.
(3) Where, otherwise than by reason of an order by the High Court under subsection (5), the Chief Executive and Principal Registrar is satisfied that a person whose name appears in the Register of Practitioners:
(a) is not for the time being entitled by reason of the last preceding section:
(i) to practise in federal courts; or
(ii) to practise in federal courts in a capacity specified in the Register; or
(b) would, but for subsection (3) of the last preceding section, be for the time being entitled by reason of that section to practise in federal courts in a capacity not specified in the Register;
the Chief Executive and Principal Registrar shall cause the particulars in the Register in relation to the person to be struck out or amended, as the case requires.
(4) Where the Chief Executive and Principal Registrar is satisfied that a person whose name appears in the Register of Practitioners has died, the Chief Executive and Principal Registrar shall cause the particulars in the Register in relation to the person to be struck out.
(5) Where it is proved to the satisfaction of the High Court that a person whose name appears in the Register of Practitioners has been guilty of conduct that justifies it in so doing, the High Court may:
(a) order that the person be not entitled to practise in federal courts and that his or her name be struck off the Register; or
(b) order that the person’s entitlement to practise in federal courts be suspended for a specified period;
but the High Court may at any time, by order, revoke or vary such an order.
(6) Where the High Court makes an order under the last preceding subsection, the Chief Executive and Principal Registrar shall cause such entries or amendments to be made in the Register of Practitioners as are necessary to give effect to, or show the effect of, the order.
(7) Where the Chief Executive and Principal Registrar causes an entry to be made in the Register of Practitioners, or causes an entry in the Register to be struck out or amended, the Registrar shall cause the ground on which, and the date upon which, the entry is so made, struck out or amended to be noted in the Register.
(1) In this section and in sections 55F and 55G:
Attorney‑General’s lawyer means a person:
(a) whose name is on:
(i) the roll of barristers and solicitors of the High Court kept under the Rules of Court; or
(ii) the roll of barristers, solicitors, barristers and solicitors or legal practitioners of the Supreme Court of a State or Territory; and
(b) who is either:
(i) the Secretary of the Attorney‑General’s Department; or
(ii) a person in the Attorney‑General’s Department who is engaged under the
Public Service Act 1999 .
(2) An Attorney‑General’s lawyer acting in that capacity is entitled:
(a) to do everything necessary or convenient for that purpose; and
(b) to practise as a barrister, solicitor, or barrister and solicitor in any court and in any State or Territory; and
(c) to all the rights and privileges of so practising;
whether or not he or she is so entitled apart from this subsection.
(3) An Attorney‑General’s lawyer acting in that capacity in a State or Territory is not subject to a law of a State or Territory that relates to legal practitioners except to the extent that such laws:
(a) impose rights, duties or obligations on legal practitioners in relation to their clients or to the courts; or
(b) provide for disciplinary proceedings in relation to the misconduct of legal practitioners.
(4) Subsection (3) is subject to subsection (6) and to section 55F (Attorney‑General’s lawyer may act for more than one party).
(5) In considering the nature of the rights, duties and obligations of an Attorney‑General’s lawyer in relation to a client, regard must be had to the lawyer’s position as a person in the Attorney‑General’s Department engaged under the
Public Service Act 1999 .(6) An Attorney‑General’s lawyer acting in that capacity is not subject to a law of a State or Territory that is prescribed for the purposes of this section.
An Attorney‑General’s lawyer may act in a matter for 2 or more parties who have conflicting interests in the matter if to do so has been approved by the Attorney‑General:
(a) by way of approval in relation to the particular matter; or
(b) by way of written arrangements covering the circumstances in which an Attorney‑General’s lawyer may so act.
(1) The Commonwealth may charge fees:
(a) in relation to services of a legal professional nature provided by an Attorney‑General’s lawyer in his or her capacity as a person in the Attorney‑General’s Department engaged under the
Public Service Act 1999 ; and(b) for disbursements incurred by the Commonwealth in the course of providing those services.
(2) If the Commonwealth has charged a client an amount under subsection (1), the amount may be recovered by the client as costs incurred by the client.
(1) If:
(a) services of a legal professional nature are provided to a person or body (the
client ) by an officer of, or a person employed in, a Government Department of a State, of the Australian Capital Territory or of the Northern Territory in his or her capacity as such an officer or employee in the course of acting for the client in proceedings in a federal court or in a tribunal established by a law of the Commonwealth; and(b) the Department charges the client for any of the services or for disbursements incurred in connection with any of the services;
the amount charged may be recovered by the client as costs incurred by the client in the proceedings.
(2) If an amount charged as mentioned in paragraph (1)(b) is not an amount of disbursement then, for the following purposes:
(a) an application to a federal court, or to a tribunal established by a law of the Commonwealth, for the award of costs;
(b) the taxation of those costs;
(c) the recovery of those costs by the client;
the amount charged is taken to have been paid by the client.
In this Part, unless the contrary intention appears:
AGS lawyer means:
(a) the AGS; or
(b) a person:
(i) whose name is on the roll of barristers and solicitors of the High Court kept under the Rules of Court, or the roll of barristers, solicitors, barristers and solicitors or legal practitioners of the Supreme Court of a State or Territory; and
(ii) who is a person in the Attorney‑General’s Department who is engaged under the
Public Service Act 1999 ; and(iii) who ordinarily performs work for clients of the AGS under the supervision or direction of the AGS.
company means a body corporate that is incorporated, or taken to be incorporated, under theCorporations Act 2001 .
State includes the Australian Capital Territory and the Northern Territory.
Territory does not include the Australian Capital Territory or the Northern Territory.
(1) There is to be an Australian Government Solicitor (the
AGS ).(2) The AGS must be a person:
(a) whose name is on:
(i) the roll of barristers and solicitors of the High Court kept under the Rules of Court; or
(ii) the roll of barristers, solicitors, barristers and solicitors or legal practitioners of the Supreme Court of a State or Territory; and
(b) who is a person in the Attorney‑General’s Department who is engaged under the
Public Service Act 1999 .
(1) The AGS may provide legal services and related services to or for the following:
(a) the Commonwealth;
(b) a person suing or being sued on behalf of the Commonwealth;
(c) a Minister of the Commonwealth;
(d) a body established by an Act or regulations or by a law of a Territory;
(e) an officer of, or a person employed by:
(i) the Commonwealth; or
(ii) a body established by an Act or regulations or by a law of a Territory;
(f) a person holding office under an Act or a law of a Territory;
(g) a member of the Defence Force;
(h) a company in which the Commonwealth has a controlling interest (including a company in which the Commonwealth has a controlling interest through one or more interposed Commonwealth authorities or Commonwealth companies);
(i) a person who has at any time been a person referred to in paragraph (c), (e), (f) or (g).
Note: For
Territory see subsection (5).(2) The AGS may provide legal services and related services to or for the following persons and bodies if the AGS receives a request to do so from the executive government of the State concerned:
(a) a State;
(b) a person suing or being sued on behalf of a State;
(c) a Minister for a State;
(d) a body established by a law of a State;
(e) a person employed by:
(i) a State; or
(ii) a body established by a law of a State;
(f) a person holding office under a law of a State;
(g) a company in which a State has a controlling interest (including a company in which the State has a controlling interest through one or more interposed State authorities or State companies).
Note: For
State see section 55I.(3) The AGS may provide legal services and related services to or for a person or body, or class of persons or bodies, not referred to in subsection (1) or (2) if the Attorney‑General requests the AGS to do so.
(4) The AGS may provide legal services and related services to or for a person or body, or class of persons or bodies, not referred to in subsection (1) or (2) if the AGS so determines.
(4A) The AGS may provide services under subsection (3) or (4) only for a purpose for which the Commonwealth has power to make laws.
(5) In this section:
Territory does not include the Australian Capital Territory or the Northern Territory.
(1) The AGS may, on behalf of the Commonwealth, charge fees:
(a) in relation to services provided by the AGS in accordance with section 55N; and
(b) for disbursements incurred by the AGS in the course of providing those services.
(2) If the AGS has charged a client an amount under subsection (1), the amount may be recovered by the client as costs incurred by the client.
(3) A fee charged under subsection (1):
(a) is a debt due to the Commonwealth; and
(b) is recoverable by the Commonwealth in a court of competent jurisdiction.
(4) Fees charged to the Commonwealth (or to a part of the Commonwealth) under subsection (1) are notionally payable by the Commonwealth (or by the part of the Commonwealth). Subsection (3) does not apply to such fees.
(1) An AGS lawyer acting in that capacity is entitled:
(a) to do everything necessary or convenient for that purpose; and
(b) to practise as a barrister, solicitor, or barrister and solicitor in any court and in any State or Territory; and
(c) to all the rights and privileges of so practising;
whether or not he or she is so entitled apart from this subsection.
(2) An AGS lawyer acting in that capacity in a State or Territory is not subject to a law of a State or Territory that relates to legal practitioners except to the extent that such laws:
(a) impose rights, duties, or obligations on legal practitioners in relation to their clients or to the courts; or
(b) provide for disciplinary proceedings in relation to the misconduct of legal practitioners.
(3) Subsection (2) is subject to subsection (5) and to section 55R (AGS may act for more than one party).
(4) In considering the nature of the rights, duties and obligations of an AGS lawyer in relation to a client, regard must be had to his or her position as an AGS lawyer.
(5) Neither the AGS, nor an AGS lawyer acting in that capacity, is subject to a law of a State or Territory that is prescribed for the purposes of this section.
The AGS may act in a matter for 2 or more parties who have conflicting interests in the matter if to do so has been approved by the Attorney‑General:
(a) by way of approval in relation to the particular matter; or
(b) by way of written arrangements covering the circumstances in which the AGS may so act.
(1) The Attorney‑General may issue directions (
Legal Services Directions ):
(a) that are to apply generally to Commonwealth legal work; or
(b) that are to apply to Commonwealth legal work being performed, or to be performed, in relation to a particular matter.
(2) The Attorney‑General may publish or give notice of Legal Services Directions in any manner the Attorney‑General considers appropriate.
(3) In this section:
Commonwealth legal work means:
(a) any work performed by or on behalf of the AGS in providing services in accordance with section 55N; or
(b) any legal work performed by a person for any of the following:
(i) the Commonwealth;
(ii) a body established by an Act or regulations or by a law of a Territory (other than the Australian Capital Territory or the Northern Territory);
(iii) a company in which the Commonwealth has a controlling interest (including a company in which the Commonwealth has a controlling interest through one or more interposed Commonwealth authorities or Commonwealth companies);
(iv) other persons or bodies referred to in subsection 55N(1), to the extent that the work relates to the person’s or body’s performance of a Commonwealth or Territory function.
(1) The following persons or bodies must comply with Legal Services Directions that have been published and with Legal Services Directions of which the person or body has been notified:
(a) a person or body referred to in subsection 55N(1);
(b) a person or body referred to in subsection 55N(2), in relation to a matter, if the AGS is acting for the person or body in that matter;
(c) a person or body in respect of whom the Attorney‑General has made a request under subsection 55N(3), in relation to a matter, if the AGS is acting for the person or the body in that matter;
(d) a person or body in respect of whom the AGS has made a determination under subsection 55N(4), in relation to a matter, if the AGS is acting for the person or body in that matter;
(e) the AGS;
(f) a legal practitioner or firm of legal practitioners, in relation to a matter, if the legal practitioner or firm is acting for a person or body referred to in subsection 55N(1) in that matter.
(2) Compliance with a Legal Services Direction is not enforceable except by, or upon the application of, the Attorney‑General.
(3) The issue of non‑compliance with a Legal Services Direction may not be raised in any proceeding (whether in a court, tribunal or other body) except by, or on behalf of, the Commonwealth.
(1) If a Legal Services Direction requires a person to provide any information, or produce a document or record, to another person, the person must not refuse to comply with the Direction on the ground of legal professional privilege or of any other duty of confidence.
(2) A person performing Commonwealth legal work (within the meaning of subsection 55ZF(3)) may provide information or produce a document or record relating to that work to the Attorney‑General or to a person authorised by the Attorney‑General for that purpose.
(3) If:
(a) a person provides information or produces a document or record under subsection (2); and
(b) the person would, apart from this subsection, be breaching legal professional privilege or any other duty of confidence in so doing;
the person is taken, for all purposes, not to have breached legal professional privilege or the duty of confidence in so providing the information or producing the document or record.
(4) If a communication that is the subject of legal professional privilege is disclosed under subsection (1) or (2), then, in spite of the disclosure, privilege is taken not to have been waived in respect of the communication.
(1) The Attorney‑General is not liable to an action or other proceeding, whether civil or criminal, for or in relation to an act done or omitted to be done in compliance, or purported compliance, with a Legal Services Direction.
(2) A person (other than the Attorney‑General) is not liable to an action or other proceeding, whether civil or criminal, for or in relation to an act done or omitted to be done by the person in compliance, or in good faith in purported compliance, with a Legal Services Direction.
(1) A person making a claim against the Commonwealth, whether in contract or in tort, may in respect of the claim bring a suit against the Commonwealth:
(a) in the High Court;
(b) if the claim arose in a State or Territory—in the Supreme Court of that State or Territory or in any other court of competent jurisdiction of that State or Territory; or
(c) if the claim did not arise in a State or Territory—in the Supreme Court of any State or Territory or in any other court of competent jurisdiction of any State or Territory.
(2) For the purposes of paragraphs (b) and (c) of the last preceding subsection:
(a) any court exercising jurisdiction at any place in the capital city of a State, or in the principal or only city or town of a Territory, that would be competent to hear the suit if the Commonwealth were, or had at any time been, resident in that city or town, or in a particular area in that city or town, is a court of competent jurisdiction; and
(b) any other court is not a court of competent jurisdiction if its competence to hear the suit would depend upon the place where the Commonwealth resides or carries on business or at any time resided or carried on business.
Any State making any claim against the Commonwealth, whether in contract or in tort, may in respect of the claim bring a suit against the Commonwealth in the High Court.
Any person making any claim against a State, whether in contract or in tort, in respect of a matter in which the High Court has original jurisdiction or can have original jurisdiction conferred on it, may in respect of the claim bring a suit against the State in the Supreme Court of the State, or (if the High Court has original jurisdiction in the matter) in the High Court.
Any State making any claim against another State may in respect of the claim bring a suit against that State in the High Court.
In a suit against a State brought in the High Court, the High Court may grant an injunction against the State and against all officers of the State and persons acting under the authority of the State, and may enforce the injunction against all such officers and persons.
Suits on behalf of the Commonwealth may be brought in the name of the Commonwealth by the Attorney‑General or by any person appointed by him or her in that behalf.
Suits on behalf of a State may be brought in the name of the State by the Attorney‑General of the State, or by any person appointed by him or her in that behalf.
Where the Commonwealth or a State is a Party to a suit, all process in the suit required to be served upon that party shall be served upon the Attorney‑General of the Commonwealth or of the State, as the case may be, or upon some person appointed by him or her to receive service.
In any suit to which the Commonwealth or a State is a party, the rights of parties shall as nearly as possible be the same, and judgment may be given and costs awarded on either side, as in a suit between subject and subject.
No execution or attachment, or process in the nature thereof, shall be issued against the property or revenues of the Commonwealth or a State in any such suit; but when any judgment is given against the Commonwealth or a State, the Registrar or other appropriate officer shall give to the party in whose favour the judgment is given a certificate in the form of the Schedule, or to a like effect.
On receipt of the certificate of a judgment against the Commonwealth or a State the Minister for Finance or the Treasurer of the State as the case may be shall satisfy the judgment out of moneys legally available.
When in any such suit a judgment is given in favour of the Commonwealth or of a State and against any person, the Commonwealth or the State, as the case may be, may enforce the judgment against that person by process of extent, or by such execution, attachment, or other process as could be had in a suit between subject and subject.
In this part, unless the contrary intention appears:
Commonwealth includes a person suing or being sued on behalf of the Commonwealth.
Territory means the Northern Territory, and includes a person suing or being sued on behalf of the Territory.
The Commonwealth may bring a suit against the Territory, and the Territory may bring a suit against the Commonwealth, in the Supreme Court of the Territory in respect of a cause of any description, whether at law or in equity, including (but without limiting the generality of the foregoing) a claim in tort.
The jurisdiction of the Supreme Court of the Territory extends to:
(a) matters in which an injunction or declaratory order or writ of mandamus, prohibition or certiorari is sought by the Commonwealth against the Territory or an officer of the Territory;
(b) matters in which a writ of mandamus or prohibition or an injunction is sought against the Commonwealth or an officer of the Commonwealth, being matters arising in, or under the laws in force in, the Territory; and
(c) matters in which the Supreme Court of the Territory would, but for the repeal of the
Northern Territory Supreme Court Act 1961 , have jurisdiction by virtue of subsection 15(2) of that Act.
Nothing in this or any other Act shall be taken to limit the power of the Legislative Assembly of the Territory in relation to the making of laws relating to the prosecution in the Supreme Court of the Territory of indictable offences against laws in force in the Territory under or by virtue of the
Northern Territory (Self‑Government) Act 1978 .
No execution or attachment, or process in the nature thereof, shall be issued against the property or moneys of the Territory.
(1) Subject to section 67D, nothing in this part shall be taken to limit the operation of any other provision of this Act.
(2) The jurisdiction conferred on the Supreme Court of the Territory by this Part is in addition to, and not in derogation of, any jurisdiction otherwise conferred on that Court.
67G Criminal jurisdiction of the Federal Court of Australia
Jurisdiction in relation to related summary offences
(1) If, in proceedings before the Federal Court of Australia (the
Federal Court ):
(a) a person pleads guilty to an indictable offence; or
(b) a person is found guilty or not guilty of an indictable offence;
the Federal Court has jurisdiction to hear and determine prosecutions for a related summary offence.
Note: Other laws of the Commonwealth apart from this section also confer criminal jurisdiction on the Federal Court of Australia.
(2) If all charges for an indictable offence against a person before the Federal Court have been discontinued, the Federal Court has jurisdiction to hear and determine prosecutions for a related summary offence.
(3) An offence is a
related summary offence , in relation to an indictable offence, if:
(a) the offence is a summary offence against a law of the Commonwealth; and
(b) the offence arises from substantially the same facts and circumstances as those from which the indictable offence has arisen; and
(c) the Federal Court has jurisdiction in relation to the indictable offence.
Jurisdiction in relation to certain Criminal Code indictable offences
(4) Subject to subsection (5), the Federal Court has jurisdiction to hear and determine prosecutions for indictable offences against any of the following provisions of the
Criminal Code :
(a) Division 70 of Chapter 4 (about bribery of foreign public officials);
(b) Part 7.7 of Chapter 7 (about forgery and related offences);
(c) Part 9.5 of Chapter 9 (about identity crime);
(d) Part 10.2 of Chapter 10 (about money laundering);
(e) Part 10.7 of Chapter 10 (about computer offences);
(f) Part 10.8 of Chapter 10 (about financial information offences);
(g) Part 10.9 of Chapter 10 (about accounting records).
(5) Proceedings before the Federal Court under subsection (4) may only be instituted:
(a) by the Australian Securities and Investments Commission; or
(b) by a person authorised in writing by the Australian Securities and Investments Commission; or
(c) with the written consent of:
(i) the Minister administering the
Australian Securities and Investments Commission Act 2001 ; or(ii) a person authorised in writing by that Minister to give such consents.
(6) Nothing in subsection (5) affects the operation of the
Director of Public Prosecutions Act 1983 .
Relationship with associated matters jurisdiction
(7) Nothing in this section is intended in any way to limit or affect the jurisdiction the Federal Court has under subsection 32(4) of the
Federal Court of Australia Act 1976 .
(1) The laws of a State or Territory respecting the arrest and custody of offenders or persons charged with offences, and the procedure for:
(a) their summary conviction; and
(b) their examination and commitment for trial on indictment; and
(c) their trial and conviction on indictment; and
(d) the hearing and determination of appeals arising out of any such trial or conviction or out of any proceedings connected therewith;
and for holding accused persons to bail, shall, subject to this section, apply and be applied so far as they are applicable to persons who are charged with offences against the laws of the Commonwealth in respect of whom jurisdiction is conferred on the several courts of that State or Territory by this section.
(2) The several Courts of a State or Territory exercising jurisdiction with respect to:
(a) the summary conviction; or
(b) the examination and commitment for trial on indictment; or
(c) the trial and conviction on indictment;
of offenders or persons charged with offences against the laws of the State or Territory, and with respect to the hearing and determination of appeals arising out of any such trial or conviction or out of any proceedings connected therewith, shall, subject to this section and to section 80 of the Constitution, have the like jurisdiction with respect to persons who are charged with offences against the laws of the Commonwealth.
(4) The several Courts of a State or Territory exercising the jurisdiction conferred upon them by this section shall, upon application being made in that behalf, have power to order, upon such terms as they think fit, that any information laid before them in respect of an offence against the laws of the Commonwealth shall be amended so as to remove any defect either in form or substance contained in that information.
(5) Subject to subsection (5A):
(a) the jurisdiction conferred on a court of a State or Territory by subsection (2) in relation to the summary conviction of persons charged with offences against the laws of the Commonwealth; and
(b) the jurisdiction conferred on a court of a State or Territory by virtue of subsection (7) in relation to the conviction and sentencing of persons charged with offences against the laws of the Commonwealth in accordance with a provision of the law of that State or Territory of the kind referred to in subsection (7);
is conferred notwithstanding any limits as to locality of the jurisdiction of that court under the law of that State or Territory.
(5A) A court of a State on which jurisdiction in relation to the summary conviction of persons charged with offences against the laws of the Commonwealth is conferred by subsection (2) may, where it is satisfied that it is appropriate to do so, having regard to all the circumstances, including the public interest, decline to exercise that jurisdiction in relation to an offence against a law of the Commonwealth committed in another State.
(5B) In subsection (5A),
State includes Territory.(5C) The jurisdiction conferred on a court of a State or Territory by subsection (2) in relation to:
(a) the examination and commitment for trial on indictment; and
(b) the trial and conviction on indictment;
of persons charged with offences against the laws of the Commonwealth, being offences committed elsewhere than in a State or Territory (including offences in, over or under any area of the seas that is not part of a State or Territory), is conferred notwithstanding any limits as to locality of the jurisdiction of that court under the law of that State or Territory.
(6) Where a person who has committed, or is suspected of having committed, an offence against a law of the Commonwealth, whether in a State or Territory or elsewhere, is found within an area of waters in respect of which sovereignty is vested in the Crown in right of the Commonwealth, he or she may be arrested in respect of the offence in accordance with the provisions of the law of any State or Territory that would be applicable to the arrest of the offender in that State or Territory in respect of such an offence committed in that State or Territory, and may be brought in custody into any State or Territory and there dealt with in like manner as if he or she had been arrested in that State or Territory.
(7) The procedure referred to in subsection (1) and the jurisdiction referred to in subsection (2) shall be deemed to include procedure and jurisdiction in accordance with provisions of a law of a State or Territory under which a person who, in proceedings before a court of summary jurisdiction, pleads guilty to a charge for which he or she could be prosecuted on indictment may be committed to a court having jurisdiction to try offences on indictment to be sentenced or otherwise dealt with without being tried in that court, and the reference in subsections (1) and (2) to
any such trial or conviction shall be read as including any conviction or sentencing in accordance with any such provisions.(8) Except as otherwise specifically provided by an Act passed after the commencement of this subsection, a person may be dealt with in accordance with provisions of the kind referred to in subsection (7) notwithstanding that, apart from this section, the offence would be required to be prosecuted on indictment, or would be required to be prosecuted either summarily or on indictment.
(9) Where a law of a State or Territory of the kind referred to in subsection (7) refers to indictable offences, that reference shall, for the purposes of the application of the provisions of the law in accordance with that subsection, be read as including a reference to an offence against a law of the Commonwealth that may be prosecuted on indictment.
(10) Where, in accordance with a procedure of the kind referred to in subsection (7), a person is to be sentenced by a court having jurisdiction to try offences on indictment, that person shall, for the purpose of ascertaining the sentence that may be imposed, be deemed to have been prosecuted and convicted on indictment in that court.
(11) Nothing in this section excludes or limits any power of arrest conferred by, or any jurisdiction vested or conferred by, any other law, including an Act passed before the commencement of this subsection.
(1) This section applies if both:
(a) the Federal Court of Australia; and
(b) a court of a State or Territory (the
superior State or Territory court );have jurisdiction to try a person on indictment for an indictable offence against a law of the Commonwealth (the
indictable offence ).
Working out which court the person should be committed to
(2) If a court of the State or Territory (the
State or Territory committals court ) has, under subsection 68(2), jurisdiction with respect to the examination and commitment for trial on indictment of a person who is charged with the indictable offence, the court may, in exercising that jurisdiction:
(a) commit the person for trial on indictment for the offence before either:
(i) the Federal Court of Australia; or
(ii) the superior State or Territory court; or
(b) if the person pleads guilty to the offence, commit the person for sentencing for the offence by either:
(i) the Federal Court of Australia; or
(ii) the superior State or Territory court.
This subsection has effect subject to subsections (3) and (4).
Note: Paragraph (2)(b) refers to committal for sentencing. For the power of the State or Territory committal court to commit for sentencing, see subsection 68(7).
(3) Despite subsection 68(1), if:
(a) a person is charged with the indictable offence; and
(b) at the end of the proceedings before the State or Territory committals court, the State or Territory committals court proposes to make an order (the
committal order ) that the person be committed for trial on indictment, or for sentencing, for the indictable offence;the State or Territory committals court must invite the Director of Public Prosecutions to suggest the court before which the person is to be tried or sentenced.
Note: The State or Territory committals court must make this invitation even if the Director of Public Prosecutions is not a party to the committal proceedings.
(4) When making the committal order, the State or Territory committals court must consider specifying the court suggested by the Director of Public Prosecutions as the court before which the person is to be tried or sentenced.
Committal court may grant bail to person to appear before Federal Court
(5) If the committal order relating to the person specifies the Federal Court of Australia, then a power of the State or Territory committals court:
(a) that is conferred by a law applying under subsection 68(1) in relation to indictable offences against the laws of the Commonwealth; and
(b) that enables the State or Territory committals court to grant bail to persons accused of such offences to appear before the superior State or Territory court if committed for trial, or for sentencing, before the superior State or Territory court;
applies as if the power included the power to grant bail to the first‑mentioned person to appear before the Federal Court of Australia.
Note: Appeals or reviews of the exercise of this power will be dealt with under the laws of the State or Territory applying under subsection 68(1). However, bail will be dealt with under Part VIB of the
Federal Court of Australia Act 1976 once indictable primary proceedings (within the meaning of that Act) commence for the person.
If question about person’s fitness to be tried
(6) Subsection 20B(1) of the
Crimes Act 1914 applies as if the reference in that subsection to the court to which the proceedings would have been referred had the person been committed for trial were a reference to a court to which the proceedings could have been referred had the person been committed for trial.Note: This means the committal court may choose whether to refer a question of the person’s fitness to be tried to either the Federal Court of Australia or the superior State or Territory court.
(1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.
(15) The amendments of section 44 of the
Judiciary Act 1903 made by this Act shall come into operation on 1 June 1984 or the day on which this Act receives the Royal Assent, whichever is the later.
(g) TheJudiciary Act 1903 was amended by section 3 only of theStatute Law (Miscellaneous Provisions) Act (No. 2) 1984 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.
(h) TheJudiciary Act 1903 was amended by section 3 only of theStatute Law (Miscellaneous Provisions) Act (No. 1) 1985 , subsection 2(26) of which provides as follows:
(26) The amendment of the
Judiciary Act 1903 made by this Act shall come into operation on the day on which the amendment of theFederal Court of Australia Act 1976 made by this Act comes into operation.
(j) TheJudiciary Act 1903 was amended by section 3 only of theStatute Law (Miscellaneous Provisions) Act 1988 , 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.
(k) TheJudiciary Act 1903 was amended by section 32 (in part) only of theA.C.T. Self‑Government (Consequential Provisions) Act 1988 , subsection 2(3) of which provides as follows:
(3) The remaining provisions of this Act (including the amendments made by Schedule 5) commence on a day or days to be fixed by Proclamation.
(l) TheJudiciary Act 1903 was amended by Part XIII (sections 40 and 41) only of theLaw and Justice Legislation Amendment Act 1988 , 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.
(m) TheJudiciary Act 1903 was amended by section 4 only of theLaw and Justice Legislation Amendment Act (No. 3) 1992 , 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.
(n) TheJudiciary Act 1903 was amended by Division 3 of Part 7 (section 62) only of theIndustrial Relations Reform Act 1993 , subsection 2(4) of which provides as follows:
(4) Subject to subsection (5), Divisions 2, 3 and 4 of Part 7 commence on a day to be fixed by Proclamation.
(o) TheJudiciary Act 1903 was amended by sections 87 and 88 only of theLaw and Justice Legislation Amendment Act 1994 , 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.
(p) TheJudiciary Act 1903 was amended by Schedule 2 (items 113–150) only of theLaw and Justice Legislation Amendment Act (No. 2) 1994 , 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. 1............................................ | am. No. 34, 1910; No. 45, 1934 |
rs. No. 50, 1959 | |
s. 1A.......................................... | ad. No. 50, 1959 |
am. No. 55, 1966; No. 134, 1968 | |
rep. No. 216, 1973 | |
s 2............................................. | am No 50, 1959; No 216, 1973; No 138, 1979; No 165, 1992; No 7, 1999; No 100, 2005; No 106, 2009; No 64, 2015; No 41, 2024 |
s. 3............................................ | rep. No. 216, 1973 |
s. 3A.......................................... | ad. No. 50, 1959 |
am. No. 32, 1960 | |
rs. No. 55, 1966 | |
am. No. 216, 1973; No. 164, 1976 | |
rs. No. 164, 1976 | |
Part II........................................ | rep. No. 138, 1979 |
Heading to Div. 1 of.................... Part II | ad. No. 216, 1973 rep. No. 138, 1979 |
Heading preceding s. 4................. | rep. No. 216, 1973 |
s. 4............................................ | am. No. 5, 1906; No. 31, 1912; No. 65, 1933; No. 10, 1946 |
rep. No. 138, 1979 | |
ss. 5–7....................................... | rep. No. 138, 1979 |
s. 7A.......................................... | ad. No. 50, 1940 |
rep. No. 138, 1979 | |
s. 8............................................ | rep. No. 138, 1979 |
s. 9............................................ | am. No. 164, 1976 |
rep. No. 138, 1979 | |
Heading to Div. 2 of.................... Part II | ad. No. 216, 1973 rep. No. 138, 1979 |
Heading preceding s. 10............... | rep. No. 216, 1973 |
s. 10........................................... | am. No. 39, 1926 |
rep. No. 138, 1979 | |
s. 11........................................... | am. No. 9, 1927; No. 50, 1959 |
rep. No. 138, 1979 | |
ss. 12–14.................................... | rep. No. 138, 1979 |
Heading to Div. 1 of.................... Part III | ad. No. 216, 1973 |
Heading to Div. 2 of.................... Part III | ad. No. 216, 1973 |
Heading preceding s. 16............... | rep. No. 216, 1973 |
s 16............................................ | am No 3, 2022 |
s 17............................................ | am No 138, 1979; No 3, 2022 |
s 18............................................ | am No 164, 1976; No 3, 2022 |
Heading to Div. 3 of.................... Part III | ad. No. 216, 1973 |
Heading preceding s. 19............... | rep. No. 216, 1973 |
s. 21........................................... | am. No. 216, 1973; No. 164, 1976; Nos. 19 and 138, 1979 |
s. 22........................................... | am. No. 164, 1976 |
s 23............................................ | rs No 31, 1912 |
am No 38, 1920; No 138, 1979; No 98, 1993; No 141, 1994; No 60, 1996 (as am by No 125, 1999); No 13, 2021 | |
Heading to Div. 4 of.................... Part III | ad. No. 216, 1973 |
Heading preceding s. 24............... | rep. No. 216, 1973 |
Div. 4A of Part III....................... | ad. No. 137, 2005 |
s. 25A........................................ | ad. No. 137, 2005 |
Heading to Div. 5 of.................... Part III | ad. No. 216, 1973 |
Heading preceding s. 26............... | rep. No. 216, 1973 |
s 26............................................ | am No 3, 2022 |
Heading to Div. 6 of.................... Part III | ad. No. 216, 1973 |
Heading preceding s. 28............... | rep. No. 216, 1973 |
Heading preceding s. 30............... | rep. No. 216, 1973 |
s. 30........................................... | am. No. 11, 1914; No. 4, 1915; No. 43, 1939 |
s. 30A........................................ | ad. No. 11, 1914 |
rep. No. 43, 1939 | |
s. 30B........................................ | ad. No. 9, 1927 |
rep. No. 34, 1933 | |
s. 33A........................................ | ad. No. 38, 1920 |
Heading to Div. 1 of.................... Part V | ad. No. 216, 1973 |
Heading preceding s. 34............... | rep. No. 216, 1973 |
s 34............................................ | am No 38, 1988; No 3, 2022 |
s. 34A........................................ | ad. No. 9, 1927 |
rep. No. 34, 1933 | |
s. 35........................................... | am. No. 45, 1934; No. 35, 1955; No. 93, 1966; No. 216, 1973 |
rs. No. 164, 1976 | |
am. No. 19, 1979; No. 12, 1984 | |
s. 35AA..................................... | ad. No. 65, 1985 |
am. No. 70, 2002 | |
s. 35A........................................ | ad. No. 12, 1984 |
Heading to Div. 2 of.................... Part V | ad. No. 216, 1973 |
Heading preceding s. 36............... | rep. No. 216, 1973 |
s. 38........................................... | am. No. 12, 1984; No. 57, 2000 |
s. 38A........................................ | ad. No. 8, 1907 |
rep. No. 164, 1976 | |
s. 39........................................... | am. No. 8, 1907; No. 45, 1934; No. 134, 1968; No. 164, 1976; No. 72, 1984; No. 151, 2006 |
s. 39A........................................ | ad. No. 134, 1968 |
am. No. 164, 1976; No. 151, 2006 | |
s 39B......................................... | ad No 91, 1983 |
am No 72, 1984; No 87, 1988; No 98, 1993; No 60, 1996; No 34, 1997; No 125, 1999; No 57, 2000; No 151, 2004; No 89, 2005; No 54, 2009; No 106, 2009; No 13, 2013; No 13, 2021; No 41, 2024 | |
Part VII...................................... | rs. No. 164, 1976 |
s. 40........................................... | am. No. 7, 1907 |
rs. No. 164, 1976 | |
am. No. 138, 1979; No. 91, 1983; No. 165, 1992 | |
s. 40A........................................ | ad. No. 8, 1907 |
rep. No. 164, 1976 | |
s. 41........................................... | am. No. 8, 1907 |
rs. No. 164, 1976 | |
s. 42........................................... | rs. No. 164, 1976 |
s. 43........................................... | am. No. 8, 1907 |
rs. No. 164, 1976 | |
s. 44........................................... | rs. No. 164, 1976 |
am. No. 91, 1983; Nos. 12 and 72, 1984; No. 137, 2005 | |
s. 45........................................... | rs. No. 164, 1976 |
am. No. 141, 1994 | |
Part VIII..................................... | rep. No. 138, 1979 |
ad. No. 7, 1984 | |
Heading to Div. 1 of.................... Part VIII | ad. No. 216, 1973 rep. No. 138, 1979 |
s. 46........................................... | rep. No. 164, 1976 |
ad. No. 7, 1984 | |
Heading preceding s. 47............... | rep. No. 216, 1973 |
s. 47........................................... | am. No. 52, 1947; No. 51, 1950; No. 17, 1955; No. 109, 1960; No. 91, 1965; No. 93,1966; No. 39, 1969 |
rs. No. 164, 1976 | |
rep. No. 138, 1979 | |
ad. No. 7, 1984 | |
s. 48........................................... | am. No. 39, 1969; No. 164, 1976 |
rep. No. 138, 1979 | |
ad. No. 7, 1984 | |
am No 59, 2015 | |
Heading preceding s. 48A............ | ad. No. 39, 1926 |
rep. No. 138, 1979 | |
s. 48A........................................ | ad. No. 39, 1926 |
rep. No. 65, 1948 | |
Heading preceding s. 49............... | rep. No. 55, 1966 |
s. 49........................................... | am. No. 9, 1927; No. 50, 1959 |
rep. No. 55, 1966 | |
ad. No. 7, 1984 | |
s. 50........................................... | am. No. 50, 1959 |
rep. No. 55, 1966 | |
ad. No. 7, 1984 | |
am. No. 141, 1994 | |
Heading to Div. 2 of.................... Part VIII | ad. No. 216, 1973 rep. No. 138, 1979 |
Heading preceding s. 51............... | rep. No. 216, 1973 |
s. 51........................................... | am. No. 216, 1973 |
rep. No. 138, 1979 | |
ad. No. 7, 1984 | |
s. 52........................................... | rep. No. 138, 1979 |
Heading preceding s. 53............... | rep. No. 216, 1973 |
s. 53........................................... | rep. No. 138, 1979 |
Heading to Div. 3 of.................... Part VIII | ad. No. 216, 1973 rep. No. 138, 1979 |
s. 54........................................... | am. No. 80, 1950 |
rep. No. 138, 1979 | |
s. 55........................................... | rep. No. 138, 1979 |
Part VIIIA.................................. | ad. No. 55, 1966 |
s. 55A........................................ | ad. No. 55, 1966 |
am. No. 164, 1976 | |
s. 55B........................................ | ad. No. 55, 1966 |
am. No. 164, 1976; No. 38, 1988; No. 141, 1994; No. 125, 1999 | |
s. 55C........................................ | ad. No. 55, 1966 |
am. No. 164, 1976; No. 138, 1979; Nos. 13 and 141, 1994 | |
s. 55D........................................ | ad. No. 55, 1966 |
am. No. 216, 1973; No. 164, 1976; No. 86, 1979; No. 38, 1988; No. 104, 1992 | |
rep. No. 3, 2011 | |
s. 55E........................................ | ad. No. 55, 1966 |
rs. No. 12, 1984 | |
am. No. 109, 1988; No. 11, 1990; No. 165, 1992 | |
rs. No. 7, 1999 | |
am. No. 146, 1999; Nos. 3 and 5, 2011 | |
s. 55F......................................... | ad. No. 165, 1992 |
rs. No. 7, 1999 | |
s. 55G........................................ | ad. No. 165, 1992 |
rs. No. 7, 1999 | |
am. No. 146, 1999 | |
s. 55H........................................ | ad. No. 34, 1997 |
Part VIIIB.................................. | ad. No. 7, 1999 |
s. 55I......................................... | ad. No. 7, 1999 |
am. No. 55, 2001; Nos. 3 and 5, 2011; No 62, 2014; No 64, 2015 | |
Division 2 heading...................... | rs No 64, 2015 |
s. 55J......................................... | ad No 7, 1999 |
rs No 64, 2015 | |
s. 55K........................................ | ad No 7, 1999 |
rep No 64, 2015 | |
s. 55L........................................ | ad No 7, 1999 |
rep No 64, 2015 | |
s 55M........................................ | am No 62, 2014 |
rep No 64, 2015 | |
s. 55N........................................ | ad No. 7, 1999 |
am No 59, 2015; No 64, 2015 | |
s. 55P......................................... | ad. No. 7, 1999 |
am No 64, 2015 | |
s. 55Q........................................ | ad. No. 7, 1999 |
am No 64, 2015 | |
s. 55R........................................ | ad. No.7, 1999 |
Division 4.................................. | rep No 64, 2015 |
s. 55S......................................... | ad. No. 7, 1999 |
am No 62, 2014 | |
rep No 64, 2015 | |
s. 55T........................................ | ad. No. 7, 1999 |
am. No. 3, 2011 | |
rep No 64, 2015 | |
s. 55U........................................ | ad. No. 7, 1999 |
rep No 64, 2015 | |
am. No. 62, 2004 | |
s. 55V........................................ | ad. No. 7, 1999 |
rep No 64, 2015 | |
s. 55W....................................... | ad. No. 7, 1999 |
am No 62, 2014 | |
rep No 64, 2015 | |
s. 55X........................................ | ad. No. 7, 1999 |
rs No 62, 2014 | |
rep No 64, 2015 | |
s. 55Y........................................ | ad No 7, 1999 |
rep No 64, 2015 | |
s. 55Z........................................ | ad. No. 7, 1999 |
am. No. 46, 2011 | |
rep No 64, 2015 | |
s. 55ZA...................................... | ad. No. 7, 1999 |
rep No 64, 2015 | |
s. 55ZB...................................... | ad. No. 7, 1999 |
rep No 64, 2015 | |
Division 5.................................. | rep No 64, 2015 |
s. 55ZC...................................... | ad. No. 7, 1999 |
rep No 64, 2015 | |
s. 55ZD...................................... | ad. No. 7, 1999 |
rep No 64, 2015 | |
s. 55ZE...................................... | ad. No. 7, 1999 |
rep No 64, 2015 | |
Part VIIIC.................................. | ad. No. 7, 1999 |
s. 55ZF...................................... | ad. No. 7, 1999 |
am No 59, 2015; No 64, 2015 | |
s 55ZG....................................... | ad. No. 7, 1999 |
am No 64, 2015 | |
s 55ZH....................................... | ad. No. 7, 1999 |
s 55ZI........................................ | ad. No. 7, 1999 |
s. 56........................................... | am. No. 50, 1959 |
rs. No. 32, 1960 | |
am. No. 164, 1976; No. 19, 1979 | |
ss. 61–63.................................... | am. No. 141, 1994 |
s. 65........................................... | am. No. 32, 1960; No. 164, 1976 |
s. 66........................................... | am. No. 36, 1978 |
Part IXA.................................... | ad. No. 86, 1979 |
ss. 67A–67F............................... | ad. No. 86, 1979 |
Division 1A................................ | ad No 41, 2024 |
s 67G......................................... | ad No 41, 2024 |
Heading to Div. 1 of.................... Part X | ad. No. 216, 1973 |
Heading preceding s. 68............... | rep. No. 216, 1973 |
s. 68........................................... | am. No. 38, 1920; No. 60, 1932; No. 164, 1976; No. 39, 1983; No. 141, 1994; No. 125, 1999; No. 151, 2006 |
s 68A......................................... | ad No 106, 2009 |
s 68B......................................... | ad No 106, 2009 |
am No 41, 2024 | |
s 68C......................................... | ad No 106, 2009 |
am No 41, 2024 | |
s 68D......................................... | ad No 41, 2024 |
Heading to Div. 2 of.................... Part X | ad. No. 216, 1973 |
Heading preceding s. 69............... | rep. No. 216, 1973 |
s 69............................................ | am No 80, 1950; No 164, 1976; No 114, 1983; No 1, 1986; No 141, 1994; No 3, 2022; No 115, 2024 |
s 70............................................ | am No 106, 2009; No 41, 2024 |
s. 70A........................................ | ad. No. 164, 1976 |
am. No. 106, 2009 | |
s. 71........................................... | am. No. 114, 1983; No. 141, 1994 |
s. 71A........................................ | ad. No. 4, 1915 |
am. No. 86, 1979; No. 108, 1989; No. 141, 1994; No. 106, 2009 | |
Heading to Div. 3 of.................... Part X | ad. No. 216, 1973 |
Heading preceding s. 72............... | rep. No. 216, 1973 |
s. 72........................................... | am. No. 4, 1915; No. 138, 1979; No. 141, 1994; No. 106, 2009 |
s. 74........................................... | am. No. 138, 1979; No. 141, 1994 |
s 76............................................ | am No 141, 1994; No 106, 2009; No 3, 2022 |
Part XA...................................... | ad. No. 138, 1979 |
ss. 77A–77D............................... | ad. No. 138, 1979 |
s. 77E........................................ | ad. No. 138, 1979 |
am. No. 141, 1994 | |
s. 77F......................................... | ad. No. 138, 1979 |
am. Nos. 3 and 175, 1995 | |
ss. 77G, 77H............................... | ad. No. 138, 1979 |
am. No. 141, 1994 | |
s. 77J......................................... | ad. No. 138, 1979 |
s. 77K........................................ | ad. No. 138, 1979 |
am. No. 141, 1994 | |
s. 77L........................................ | ad. No. 138, 1979 |
am. Nos. 84 and 141, 1994 | |
s. 77M....................................... | ad. No. 138, 1979 |
s. 77MA..................................... | ad. No. 165, 1984 |
s. 77N........................................ | ad. No. 138, 1979 |
ss. 77P, 77Q............................... | ad. No. 138, 1979 |
s. 77R........................................ | ad. No. 138, 1979 |
am. No. 141, 1994 | |
Part XAA................................... | ad. No. 186, 2012 |
s. 77RA...................................... | ad. No. 186, 2012 |
s. 77RB...................................... | ad. No. 186, 2012 |
s. 77RC...................................... | ad. No. 186, 2012 |
s. 77RD...................................... | ad. No. 186, 2012 |
s. 77RE...................................... | ad. No. 186, 2012 |
s. 77RF...................................... | ad. No. 186, 2012 |
s. 77RG...................................... | ad. No. 186, 2012 |
s. 77RH...................................... | ad. No. 186, 2012 |
s. 77RI....................................... | ad. No. 186, 2012 |
s. 77RJ....................................... | ad. No. 186, 2012 |
s. 77RK...................................... | ad. No. 186, 2012 |
Part XAB................................... | ad. No. 186, 2012 |
s. 77RL...................................... | ad. No. 186, 2012 |
s. 77M....................................... | ad. No. 186, 2012 |
s. 77RN...................................... | ad. No. 186, 2012 |
s. 77RO...................................... | ad. No. 186, 2012 |
s. 77RP...................................... | ad. No. 186, 2012 |
s. 77RQ...................................... | ad. No. 186, 2012 |
s 77RR....................................... | ad No 186, 2012 |
am No 3, 2022 | |
s. 77RS...................................... | ad. No. 186, 2012 |
Part XB...................................... | ad. No. 138, 1979 |
s. 77S......................................... | ad. No. 138, 1979 |
ss. 77T, 77U............................... | ad. No. 138, 1979 |
s. 77V........................................ | ad. No. 138, 1979 |
am. No. 141, 1994 | |
Heading to Div. 1 of.................... Part XI | ad. No. 216, 1973 |
Heading preceding s. 78............... | rep. No. 216, 1973 |
s. 78........................................... | am. No. 164, 1976 |
Div. 1A of Part XI....................... | ad. No. 164, 1976 |
s. 78AA..................................... | ad. No. 91, 1983 |
rs. No. 34, 1997 | |
s. 78A........................................ | ad. No. 164, 1976 |
am. No. 38, 1988 | |
s. 78B........................................ | ad. No. 164, 1976 |
am. No. 91, 1983; No. 141, 1994 | |
Heading to Div. 2 of.................... Part XI | ad. No. 216, 1973 |
Heading preceding s. 79............... | rep. No. 216, 1973 |
s 79............................................ | am No 138, 1979; No 71, 2008; No 3, 2022 |
s. 80........................................... | am. No. 138, 1979; No. 120, 1988 |
s. 80A........................................ | ad. No. 50, 1959 |
am. No. 32, 1960; No. 164, 1976; Nos. 86 and 138, 1979 |
s. 81........................................... | am. No. 50, 1959; No. 106, 2009 |
Heading to Div. 3 of.................... Part XI | ad. No. 216, 1973 |
Heading preceding s. 82............... | rep. No. 216, 1973 |
ss. 82–84.................................... | am. No. 50, 1959 |
Heading to Div. 4 of.................... Part XI | ad. No. 216, 1973 |
Heading preceding s. 86............... | rep. No. 216, 1973 |
s 86............................................ | am No 5, 1906; No 5, 1937; No 50, 1959; No 138, 1979; No 157, 1989; No 140, 2003; No 107, 2012; No 10, 2015; No 78, 2018; No 3, 2022 |
s. 87........................................... | rs. No. 5, 1937 |
am. No. 216, 1973 | |
rs. No. 26, 1982 | |
am. No. 99, 1988 | |
rep. No. 140, 2003 | |
s. 88........................................... | ad. No. 34, 1910 |
rep. No. 45, 1934 | |
ad. No. 91, 1983 | |
am. No. 157, 1989; No. 140, 2003; No 10, 2015 (md) | |
Part XII...................................... | ad. No. 34, 1910 |
rep. No. 45, 1934 | |
ss. 89–94.................................... | ad. No. 34, 1910 |
rep. No. 45, 1934 | |
The Schedule.............................. | rs. No. 32, 1960 |
am. No. 141, 1994; No 31, 2014 |
The
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