Judiciary Act 1920 (Cth)

 

JUDICIARY.

 

No. 38 of 1920.

An Act to amend the Judiciary Act 1903–1915 and for other purposes.

[Assented to 30th October, 1920.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Judiciary Act 1920.

(2.) The Judiciary Act 1903–1915 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Judiciary Act 1903–1920.

Decision in case of difference of opinion.

2. Section twenty-three of the Principal Act is amended by omitting from sub-section (1.) thereof the words “unless a majority of all the Justices concur in the decision” and inserting in their stead the words “unless at least three Justices concur in the decision”.

 

Duration of Judiciary Act 1915.

3. Section one of the Judiciary Act 1915 is amended by omitting sub-section (4.) thereof, and that Act shall continue in force as if that sub-section had not been enacted.

4. After section thirty-three of the Principal Act the following section is inserted:—

Awards may be made Rules of Court.

“33a. 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.”.

Jurisdiction of State Courts in criminal cases.

5. Section sixty-eight of the Principal Act is amended—

(a) by inserting in sub-section (1.) thereof, after the word “shall” the words “, subject to this section,”; and

(b) by adding at the end thereof the following sub-section:—

“(4.) The several Courts of a State 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.”.