JUDICIARY.
No. 5 of 1937.
An Act to amend the Judiciary Act 1903–1934 and for other purposes.
[Assented to 3rd July, 1937.]
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 1937.
(2.) The Judiciary
Act 1903–1934, as amended by this Act, may be cited as the Judiciary Act 1903–1937.
Rules
of Court.
2. Section eighty-six of the Judiciary
Act 1903–1934 is amended—
(a)
by omitting the words “not inconsistent with this Act for carrying this Act
into effect” and inserting in their stead the words “necessary or convenient to
be made for carrying into effect the provisions of this Act or so much of the
provisions of any other Act as confers jurisdiction on the High Court or
relates to the practice or procedure of the High Court”; and
(b)
by inserting after paragraph (b) the
following paragraph:—
“(ba)regulating the means by which
particular facts may be proved and the mode in which evidence thereof may be
given;”.
3. Section eighty-seven of the Judiciary
Act 1903–1934 is repealed and the following section inserted in its stead:—
Tabling
of Rules of Court.
“87.—(1.) All Rules of Court made in pursuance of the
last preceding section shall—
(a)
be notified in the Gazette;
(b)take effect from the date of
notification or from a later date specified in the Rules; and
(c)
be laid before each House of the Parliament within fifteen sitting days of that
House after the making of those Rules.
(2.) If either House of the Parliament passes a
resolution, of which notice has been given within fifteen sitting days after
the Rules have been laid before the House, disallowing any Rule, that Rule
shall thereupon cease to have effect.”.
Amendment
of certain Acts.
4.The
Acts specified in the first column of the Schedule to this Act are amended as
respectively specified in the second column of that Schedule and, as so
amended, may be cited in the manner respectively specified in the third column
of that Schedule.
Saving.
5.All
Rules of Court made by the Justices of the High Court, or a majority of them,
under the powers conferred by any provision repealed by this Act, which were in
force immediately prior to the commencement of this Act, shall continue in
force as if this Act had not been passed and shall for all purposes, including
the purpose of amendment or annulment, be deemed to be Rules of Court made
under the powers conferred by section eighty-six of the Judiciary Act 1903–1934 as amended by this Act.
THE
SCHEDULE. Section 4.
Act. | Extent of amendment. | Manner of citation as amended. |
Australian Industries Preservation Act 1906–1930. | Section 25—Repeal .......... | Australian Industries Preservation Act 1906–1937. |
Crimes Act 1914–1932. | Section 30aa—Omit
sub-section (10.). | Crimes Act 1914–1937. |
High Court Procedure Act 1903–1933. | Section 1—Omit the
words “Rules of Court, ss. 32–34.”.
| High Court Procedure Act 1903–1937. |
Section 16—Repeal. Omit the words “Rules of Court” immediately preceding
section 32.
|
Sections 32, 33, 34
and The Schedule—Repeal. |
Income Tax Assessment Acts 1936. | Section 203—Repeal. | Income Tax Assessment Act 1936–1937. |
Insurance Acts 1932.
............... | Section 25—Omit sub-section (2.). | Insurance Act 1932–1937. |
Land Tax Assessment Act 1910–1934. | Section 47—Repeal .......... | Land Tax Assessment Act 1910–1937. |
War-time Profits Tax Assessment Act 1917–1918..........................
| Section 31—Repeal .......... | War-time Profits Tax Assessment Act 1917–1937. |