Judiciary (Stay of Proceedings) Act 1933 (ACT)
Judiciary (Stay of Proceedings) Act 1933 (repealed)
A1933-36
Republication No 3
Effective: 10 January 2005
Republication date: 10 January 2005
As repealed by A2004-60 s 4
(republication for amendments and repeal
by A2004-60)
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Judiciary (Stay of Proceedings) Act 1933 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 10 January 2005.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
(a)if the person charged is an individual—$100; or
(b)if the person charged is a corporation—$500.
Judiciary (Stay of Proceedings) Act 1933 (repealed)
Contents
Page
Name of Act 2
Meaning of court 2
Endnotes
About the endnotes 3
Abbreviation key 3
Legislation history 4
Amendment history 5
Earlier republications 5
Judiciary (Stay of Proceedings) Act 1933 (repealed)
An Act relating to the jurisdiction and the execution of the process of the courts of the ACT
Name of Act
This Act is the Judiciary (Stay of Proceedings) Act 1933.
Meaning of court
In this Act:
NoteA definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
court means any court having jurisdiction in or in relation to the ACT.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph cl = clause pres = present def = definition prev = previous dict = dictionary (prev...) = previously disallowed = disallowed by the Legislative pt = part Assembly r = rule/subrule div = division reg = regulation/subregulation exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired
Legislation history
This Act was originally a Commonwealth ordinance—the Judiciary (Stay of Proceedings) Ordinance 1933 No 36 (Cwlth).
The ACT Self-Government (Consequential Provisions) Act 1988 No 109 (Cwlth), s 12) converted some former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 1 July 1990.
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on its conversion to an ACT enactment on 1 July 1990.
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
Judiciary (Stay of Proceedings) Act 1933 No 36
notified 7 December 1933
commenced 7 December 1933as amended by
Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.32
notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))sch 1 pt 1.32 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)
as repealed by
Court Procedures (Consequential Amendments) Act 2004 A2004-60 s 4
notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))s 4 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)
Amendment history
Stay of proceedings
s 3reloc to Court Procedures Act 2004 as s 80 by A2004-60 amdt 1.161
Stay of execution
s 4reloc to Court Procedures Act 2004 as s 81 by A2004-60 amdt 1.161
Recission or variation of previous direction or order
s 5sub A2004-60 amdt 1.160
reloc to Court Procedures Act 2004 as s 82 by A2004-60 amdt 1.161
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Except for the footer, electronic and printed versions of an authorised republication are identical.
Republication No
Amendments to
Republication date
1 not amended 30 June 1991 2 not amended 31 July 2002
0
0
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