Northern Territory Supreme Court
(Repeal) Act 1979
No.
85 of 1979
An
Act to repeal the Northern Territory Supreme Court Act 1961, and to
provide for related matters.
BE
IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth
of Australia, as follows:
Short title
1.
This Act may be cited as the Northern Territory Supreme Court (Repeal) Act
1979.
Commencement
2. This Act shall come into operation on a date to be
fixed by Proclamation.
Interpretation
3.
In this Act—
“commencing
date” means the date of commencement of this Act;
“judgment”
means a judgment, decree or order, whether final or interlocutory, or a
sentence;
“proceeding”
means a proceeding, whether between parties or not, and includes—
(a) an
incidental proceeding in the course of, or in connection with, a proceeding;
(b) a judgment;
(c) an
appeal; or
(d) an
application for leave or special leave to appeal;
“Supreme
Court” means the Supreme Court of the Northern Territory of Australia.
Repeals
4. The Acts set out in the Schedule are repealed.
Proceedings in
High Court and Federal Court of Australia
5.
For the purposes of—
(a) any
proceedings in the High Court or the Federal Court of Australia pending
immediately before the commencing date (including proceedings the hearing of
which had not commenced before that date) or instituted on or after that date,
being proceedings in relation to proceedings in the Supreme Court as
established by the Northern Territory Supreme Court Act 1961; or
(b) any
right of appeal that lay immediately before the commencing date (whether or not
subject to conditions as to leave to appeal or other conditions) to the High
Court or the Federal Court of Australia from a judgment of the Supreme Court as
so established,
the
Supreme Court as established by the Supreme Court Act 1979 of the
Northern Territory shall be deemed to be a continuation in existence, without
any change in identity, of the Supreme Court as established by the Northern
Territory Supreme Court Act 1961.
Judges of
Federal Court of Australia
6.
The repeals made by section 4 shall not be taken to affect an appointment of a
Judge of the Federal Court of Australia made before the commencing date.
References in
laws of the Commonwealth to Supreme Court
7.
Where a law of the Commonwealth that was in force immediately before the
commencing date and continues in force on the commencing date contains a
reference, or an expression that includes a reference, to the Supreme Court,
then, except so far as the context otherwise requires, that reference shall not
be taken, on or after that date, as not being or as not including, as the case
may be, a reference to the Supreme Court as established by the Supreme Court
Act 1979 of the Northern Territory.
SCHEDULE Section
4
ACTS REPEALED
Northern Territory
Supreme Court Act
1961
Northern Territory
Supreme Court Act
1968
Northern Territory
Supreme Court Act
1971
Northern Territory
Supreme Court Act
1973
Northern Territory
Supreme Court Act
1975
Northern Territory
Supreme Court Amendment Act
1976
Northern Territory
Supreme Court Amendment Act
1978
Northern Territory
Supreme Court Amendment Act (No. 2) 1978