Supreme Court Act 1933 (ACT)

Supreme Court Act 1933   

A1933-34

Republication No 72

Effective:  26 November 2025

Republication date: 26 November 2025

Last amendment made by A2025‑29

About this republication

The republished law

This is a republication of the Supreme Court Act 1933 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2025.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 November 2025. 

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 includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

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 the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Supreme Court Act 1933

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Dictionary  2

2A          Notes  2

Part 2Constitution and jurisdiction of the Supreme Court

3            Establishment  3

4            Resident judges  3

4AA         Requirements of appointment—resident judges  4

4A          Additional judges  4

4B          Acting judges  4

5            Seniority of judges  5

6            Acting Chief Justice  6

7           Arrangement of business of court  6

8            Exercise of jurisdiction  6

10          Exercise of jurisdiction by registrar  7

11          Exercise of jurisdiction—legal practitioners  7

13          Power of judge to order that jurisdiction in a matter be exercised by Full Court 8

14          Full Court decisions—equal division of opinion  8

16          Holding other judicial offices  9

18          Principal seat of court and sittings  9

19          Oath or affirmation of office—judges  10

20          Jurisdiction and powers of Supreme Court  10

22          No trial by jury in civil proceedings  10

25          Law and equity to be concurrently administered  10

26          Equities of plaintiff  10

27          Equities of defendant  11

29          Incidental equities  11

30          Defence or stay of proceeding instead of prohibition order or injunction    11

31          Common law and statute  12

32          Final determination of matters  12

33          Law and equity  12

34          Equitable damages  12

34B         Habeas corpus and prerogative orders  13

Part 2A    Court of Appeal

37E         Appellate jurisdiction  14

37H         Appeal bench  15

37I         Presiding judge  15

37J         Appeal court constituted by single judge  15

37K         Decision-making  16

37L         Appeal judge unable to continue sitting  17

37M         Reserved judgments  17

37N         Evidence on appeal  18

37O         Orders on appeal  18

37P         New trials  20

37Q         Bail time on appeal does not count towards sentence  21

37S         Reference appeal in relation to proceeding  21

Part 2AA   Drug and alcohol treatment order jurisdiction

37SA        Definitions—pt 2AA  22

37SB        Drug and alcohol treatment order jurisdiction  22

37SC        Court not bound by rules of evidence  23

37SD        Treatment order judge may convene case conference  23

Part 2B     Remuneration, allowances and other entitlements of judges

37T         Meaning of entitlements  24

37U         Resident judges  24

37UA        Indemnity for superannuation surcharge levy  26

37V         Acting judge—conditions of appointment  27

37W         Dual appointments  27

37X         Accrual and appropriation  28

Part 4      Officers

46          Appointments  29

47          Functions of registrar and deputy registrars  29

48          Oath or affirmation of office—registrar  30

50          Functions of sheriff  30

51          Deputy sheriffs  30

52          Process of court if sheriff or deputy sheriff is interested party               31

53          Sheriff’s assistants  31

Part 5      General matters of procedure

55A         Hearing of bail applications  33

58A         Supreme Court trials—evidence of dead or absent persons                33

60A         Power to complete part-heard proceedings  34

61          Reserved judgments  35

63          Change of venue  35

64          Seals  35

67A         Vexatious litigants  36

Part 7      Trial on indictment

68          Prosecution of indictable offences  38

68A         Trial by jury in criminal proceedings  39

68B         Trial by judge alone in certain criminal proceedings  39

68C         Verdict of judge in criminal proceedings  40

Part 8      Back-up and related offences

68CA        Definitions––pt 8  41

68D         Back-up and related offences  42

68E         Procedure  43

68F         Remission of back-up and related offences to Magistrates Court          43

68G         Alternative verdict—summary offence  43

Part 8AA   Acquittals

Division 8AA.1         Application—pt 8AA

68H         Application—pt 8AA  44

Division 8AA.2         Important concepts

68I         Definitions—pt 8AA  45

68J         Meaning of acquittal—pt 8AA  46

68K         Meaning of fresh and compelling evidence—pt 8AA  46

68L         Meaning of tainted acquittal—pt 8AA  47

Division 8AA.3         Retrial etc of acquitted person

68M         Court may order retrial—category A offence  48

68N         Court may order retrial—category B offence  48

68O         Court may order trial—administration of justice offence  49

68P         Interests of justice  50

Division 8AA.4         Procedure

Subdivision 8AA.4.1  Applications under pt 8AA

68Q         Conditions for retrial application  51

68R         Limitations on retrial application  51

68S         Conditions for justice offence trial application  52

Subdivision 8AA.4.2  Presentation of indictment

68T         Limitations on indictment  52

68U         Indictment for retrial of category A or category B offences                  53

68V         Indictment for trial of justice offence  54

Division 8AA.5         Conduct of proceeding for retrial etc

68W         Prosecution must not refer to certain matters before jury  55

Division 8AA.6         Miscellaneous

68X         Entitlement to bail  56

68Y         Single course of action for each proceeding  56

68Z         Restrictions on publication  56

68ZA        Maximum penalty for retrial offence  57

68ZB        Indemnification for costs  58

Part 8AB   Appeals against conviction for fresh and compelling evidence

Division 8AB.1 Application—pt 8AB

68ZC Application—pt 8AB 60

Division 8AB.2 Important concepts

68ZD Definitions—pt 8AB 60

68ZE        Meaning of fresh and compelling evidence—pt 8AB 60

Division 8AB.3 Application of pt 2A

68ZF        Certain provisions of pt 2A taken to apply  61

Division 8AB.4 Appeal against conviction

68ZG        Court may grant leave to appeal conviction  62

68ZH        Orders on appeal against conviction  62

Part 8A    Judicial officers exchange

69A         Definitions—pt 8A  63

69B         Establishment of judicial exchange arrangements  63

69C         Transfer of judicial officer of another jurisdiction to ACT court              64

69D         Service in ACT court of judicial officer of another jurisdiction               65

69E         Service of ACT judicial officer in corresponding court  65

69F         Judicial office not affected by appointment to another judicial office       66

69G         Other arrangements not affected  67

69H         Amendment of sch 3  67

Part 9      Miscellaneous

70A         Failure to attend Supreme Court as required  68

71          Security of the peace and for good behaviour  68

74A         Certified copies of transcript of Supreme Court proceedings               68

76          Regulation-making power  70

Part 13     Transitional—Courts Legislation Amendment Act 2023

119         Meaning of associate judge—pt 13  71

120         Equally divided opinion relating to order of associate judge                 71

121         Appeals against interlocutory orders of associate judge  71

122         Power to complete part-heard proceedings of associate judge             71

123         Expiry—pt 13  71

Schedule 1 Oaths and affirmations of office  72

Part 1.1    Chief justice and judges  72

Part 1.2    Chief justice and judges  73

Part 1.3    Registrar  74

Part 1.4    Registrar  75

Schedule 2 Trial by judge alone—excluded offences             76

Part 2.1    Definitions—sch 2  76

2.1          Definitions—sch 2  76

Part 2.2    Excluded offences  76

Schedule 3 ACT and corresponding courts  79

Dictionary80

Endnotes

1            About the endnotes  84

2            Abbreviation key  84

3            Legislation history  85

4            Amendment history  102

5            Earlier republications  128

6            Expired transitional or validating provisions  135

Supreme Court Act 1933

An Act to establish a Supreme Court of the Australian Capital Territory, and for other purposes

Part 1Preliminary

1. Name of Act

   This Act is the Supreme Court Act 1933.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary defines certain words and expressions, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.

   For example, the signpost definition ‘entitlements, for part 2B (Remuneration, allowances and other entitlements of judges)—see section 37T.’ means that the expression entitlements is defined in section 37T, and the definition applies to part 2B.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156).

2ANotes

A note included in this Act is explanatory and is not part of the Act.

NoteSee Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2Constitution and jurisdiction of the Supreme Court

1. Establishment

   (1)There shall be a Supreme Court of the Territory which shall be known as the Supreme Court of the Australian Capital Territory.

   (2)The court shall be a superior court of record.

   (3)The court shall consist of the Chief Justice and the other judges.

2. Resident judges

   (1)The Executive may by commission appoint, as resident judges, a Chief Justice of the court and other judges of the court.

   (2)A person is not eligible to be appointed as a resident judge—

   (a)unless he or she—

   (i)is or has been a judge of a superior court of record of the Commonwealth or a State, or has been a judge of the Supreme Court; or

   (ii)has been a legal practitioner for not less than 5 years; or

   (b)if he or she has attained the age of 70 years.

   (3)A resident judge ceases to hold office on attaining the age of 70 years.

   (4)A resident judge may resign by written notice to the Attorney‑General.

4AARequirements of appointment—resident judges

(1)The Executive must, in relation to the appointment of resident judges, determine—

(a)the criteria that apply to the selection of a person for appointment; and

(b)the process for selecting the person.

(2)A determination is a notifiable instrument.

4AAdditional judges

(1)The Executive may, by commission, appoint a judge or judges of a superior court of record of the Commonwealth or a State as an additional judge or additional judges of the court.

(2)An additional judge ceases to hold office on ceasing to hold office as a judge (other than as an additional judge) of a superior court of record of the Commonwealth or a State.

(3)An additional judge may resign by written notice to the Attorney-General.

4BActing judges

(1)The Executive may, by commission, appoint persons to be acting judges of the court.

(2)An appointment under subsection (1) shall be for the period, not longer than 2 years, specified in the commission.

(3)A person is not eligible to be appointed under subsection (1) unless he or she—

(a)has been a judge of a superior court of record of the Commonwealth or a State, or has been a judge of the Supreme Court; or

(b)has been a legal practitioner for not less than 5 years.

1. Seniority of judges

   (1)The Chief Justice is the senior judge of the court.

   (2)The resident judges are senior to the additional judges and the acting judges.

   (3)The additional judges are senior to the acting judges.

   (4)The resident judges (other than the Chief Justice) have seniority as between themselves—

   (a)according to the dates their respective commissions took effect; or

   (b)if the commissions of 2 or more of them took effect on the same date—according to the precedence assigned to them by their respective commissions.

   (5)The additional judges have seniority as between themselves—

   (a)according to the dates their respective commissions took effect; or

   (b)if the commissions of 2 or more of them took effect on the same date—according to the precedence assigned to them by their respective commissions.

   (6)The acting judges have seniority as between themselves—

   (a)according to the dates their respective commissions took effect; or

   (b)if the commissions of 2 or more of them took effect on the same date—according to the precedence assigned to them by their respective commissions.

2. Acting Chief Justice

   Whenever—

   (a)the Chief Justice is absent from Australia or from duty; or

   (b)there is a vacancy in the office of Chief Justice;

   the next senior judge who is in Australia and is able and willing to do so is to act as Chief Justice.

3. Arrangement of business of court

   The Chief Justice is responsible for ensuring the orderly and expeditious discharge of the business of the court and accordingly may, subject to this Act and to such consultation with the judges as is appropriate and practicable, make arrangements as to the judge or judges who is or are to constitute the court in particular matters or classes of matters.

4. Exercise of jurisdiction

   (1)The jurisdiction of the court is exercisable by a single judge, except—

   (a)when exercised by the registrar under the rules (see section 10); or

   (b)when exercised by a Full Court under section 11 or 13; or

   (c)when exercised by the Court of Appeal under part 2A.

   (2)The rules may provide for the jurisdiction of the court otherwise exercisable by a single judge to be exercised by the registrar, in the cases and subject to the conditions prescribed under the rules.

   (3)In this section:

   registrar includes a deputy registrar.

5. Exercise of jurisdiction by registrar

   (1)For the purposes of the exercise of jurisdiction given to the registrar under the rules, this Act has effect as if the court consisted of the judges and the registrar.

   (2)In this section:

   registrar includes a deputy registrar.

6. Exercise of jurisdiction—legal practitioners

   (1)The jurisdiction of the court in an application for admission to the legal profession must be exercised by a Full Court unless the Chief Justice directs otherwise.

   (2)The jurisdiction of the court in a proceeding in relation to the grant, renewal, amendment, suspension or cancellation of a practising certificate under the Legal Profession Act 2006 must be exercised by a Full Court.

   (3)The jurisdiction of the court in relation to an application under the Legal Profession Act 2006, section 96 or section 97 in relation to the removal of a lawyer’s name from the local roll must be exercised by a Full Court.

   (4)Nothing in this section prevents a single judge, in proceedings referred to in subsection (2) or (3), from—

   (a)making any findings of fact; or

   (b)giving directions of an interlocutory kind.

   (5)A single judge who has heard any part of proceedings referred to in subsection (3) for the purpose of making any findings of fact may be 1 of the judges who exercise the jurisdiction of the court in those proceedings under that subsection.

7. Power of judge to order that jurisdiction in a matter be exercised by Full Court

   (1)This section applies in relation to matters in which, apart from this section, the jurisdiction of the court would be exercisable by a single judge.

   (2)At any time before the beginning of the hearing of a matter in relation to which this section applies, a judge may order that the jurisdiction of the court in that matter shall be exercised by the Full Court.

   (3)At any time after the beginning of the hearing of a matter in relation to which this section applies, the judge hearing the matter may order that the jurisdiction of the court in that matter shall be exercised by the Full Court.

   (4)If an order has been made under subsection (2) or (3) in relation to a matter—

   (a)the jurisdiction of the court in the matter must, subject to the rules, be exercised by the Full Court; and

   (b)the court may give the directions it considers appropriate about the procedure to be followed in the further conduct of the proceeding, including directions about the use (if any) of any evidence received before the making of the order.

8. Full Court decisions—equal division of opinion

   If the Full Court is divided in opinion as to the decision to be given on any question, the question is to be decided according to—

   (a)if there is a majority—the opinion of the majority; or

   (b)if the judges are equally divided in opinion—the opinion of the most senior judge sitting.

9. Holding other judicial offices

   (1)Subject to this section, a judge may also hold office as a judge of a superior court of record of the Commonwealth, a State or another Territory, whether appointed to that office before or after his or her appointment as a judge of the Supreme Court.

   (2)A resident judge or acting judge is not, without the written approval of the Executive, entitled to—

   (a)engage in remunerative employment otherwise than in connection with the duties of judicial office or any office, appointment or commission held by him or her in the Defence Force of the Commonwealth; or

   (b)accept appointment to another judicial office or to an office under a law of the Territory, the Commonwealth, a State or another Territory.

   (3)The Executive shall consult with the Chief Justice before giving the approval.

1. Principal seat of court and sittings

   (1)The court may sit at Canberra, and at any other places in Australia that are from time to time determined by the Chief Justice.

   (2)The times of the sittings of the court shall be such as are from time to time specified under the rules.

   (3)The offices of the court shall be at Canberra.

2. Oath or affirmation of office—judges

   Before exercising the functions of office, a judge shall take or make—

   (a)an oath or affirmation in accordance with schedule 1, part 1.1; or

   (b)an oath or affirmation in accordance with schedule 1, part 1.2;

   before another judge, a justice of the High Court or a judge of the Federal Court.

3. Jurisdiction and powers of Supreme Court

   (1)The court has the following jurisdiction:

   (a)all original and appellate jurisdiction that is necessary to administer justice in the Territory;

   (b)jurisdiction conferred by a Commonwealth Act or a law of the Territory.

   (2)Unless it is required to do so by or under a Commonwealth Act or a law of the Territory, the court is not bound to exercise its powers if it has concurrent jurisdiction with another court or tribunal.

4. No trial by jury in civil proceedings

   In every suit in the court, the trial must be by the court without a jury.

5. Law and equity to be concurrently administered

   Subject to the express provisions of any other Act, in every civil cause or matter begun in the court law and equity shall be administered according to sections 26 to 34B.

6. Equities of plaintiff

   In proceedings in the court, the plaintiff is entitled to equitable relief if, in pre-Judicature Act proceedings of the same type, the plaintiff would have been entitled to such relief.

7. Equities of defendant

   In proceedings in the court, the defendant is entitled to rely on an equitable defence, or is entitled to equitable relief of any sort, against any claim (whether at law or in equity) if, in pre-Judicature Act proceedings of the same type, the defendant would have been entitled to rely on such a defence, or would have been entitled to such relief, as the case may be. 

8. Incidental equities

   In proceedings in the court, the parties are entitled to such incidental equitable rights, and subject to such incidental equitable duties, as they would have been entitled or subject to in pre-Judicature Act proceedings of the same type.

9. Defence or stay of proceeding instead of prohibition order or injunction

   (1)A proceeding in the court must not be restrained by a prohibition order or injunction.

   (2)A defence is available in a proceeding in the court if an injunction would previously have been available in a pre-Judicature Act proceeding of the same kind.

   (3)However, this section does not prevent the court from ordering a stay in a proceeding in the court.

   (4)The court may grant a stay in a proceeding in the court on application by an entitled person.

   (5)In this section:

   entitled person, in relation to a proceeding in the court, means a person (whether or not the person is a party to the proceeding) who would have been entitled, in relation to a pre-Judicature Act proceeding of the same kind—

   (a)to apply to a court to restrain the prosecution of the proceeding; or

   (b)to enforce any order or rule in contravention of which all or part of the proceeding had been taken.

10. Common law and statute

    The court shall give effect to all claims for relief arising under the common law or the statute law of the Territory, subject to any equitable rules applicable under this Act.

11. Final determination of matters

    (1)In the exercise of its jurisdiction under this Act in relation to proceedings in the court, the court shall, so far as practicable, ensure that—

    (a)all the matters in issue between the parties to the proceedings are finally determined; and

    (b)all multiplicity of legal proceedings concerning those matters is avoided.

    (2)For subsection (1), the court may grant legal or equitable relief absolutely or conditionally.

12. Law and equity

    Subject to this Act, in any matter arising in the court, if there is a conflict between the rules of equity and the rules of law with reference to that matter, the rules of equity prevail.

13. Equitable damages

    If the court has power to grant an injunction or an order for specific performance, the court may give damages in addition to, or in substitution for, the injunction or specific performance.

34BHabeas corpus and prerogative orders

(1)The Supreme Court has power to grant any relief by way of a habeas corpus order or prerogative order.

(2)In this section:

habeas corpus order means an order the relief under which is in the nature of, and to the same effect as, relief by way of a writ of habeas corpus.

prerogative order means an order the relief under which is in the nature of, and to the same effect as, relief by way of—

(a)a writ of mandamus, prohibition or certiorari; or

(b)an information in the nature of quo warranto.

relief includes remedy.

Part 2ACourt of Appeal

37EAppellate jurisdiction

(1)When exercising its appellate jurisdiction under this part, the court is to be known as the Court of Appeal.

(2)The following matters may be brought before, and heard by, the Court of Appeal:

(a)appeals in relation to orders of the court (except orders of the registrar, the Full Court exercising appellate jurisdiction or the Court of Appeal itself);

(b)appeals under section 37S (Reference appeal in relation to proceeding);

(c)cases stated or questions reserved by the court about any matter in relation to which an appeal may be brought to the Court of Appeal;

(d)applications under part 8AA (Acquittals);

(e)applications and appeals under part 8AB (Appeals against conviction for fresh and compelling evidence).

(3)However, an appeal may not be brought against an order made by the court sitting as the Court of Disputed Elections under the Electoral Act 1992, section 252.

(4)Also, an appeal may be brought against an interlocutory order of the court constituted by a single judge only with leave of the Court of Appeal.

(5)In this section:

registrar includes a deputy registrar.

37HAppeal bench

(1)The Court of Appeal is constituted by 3 judges, except under the following provisions:

·    section 37J (Appeal court constituted by single judge)

·    section 37L (Appeal judge unable to continue sitting)

·    section 37O (4) (which provides for the enforcement of an order).

(2)At least 1 of the judges sitting on the Court of Appeal must be a resident judge, unless the Chief Justice considers it impracticable for the Court of Appeal to be so constituted.

(3)A judge must not sit on an appeal from an order made by the judge.

37IPresiding judge

The presiding judge of the Court of Appeal for the hearing of an appeal is the most senior judge sitting on the appeal.

37JAppeal court constituted by single judge

(1)The Court of Appeal may be constituted by a single judge for hearing and deciding any of the following matters (incidental matters) in relation to an appeal:

(a)leave or special leave to appeal;

(b)extension of time to institute an appeal;

(c)leave to amend the grounds of an appeal;

(d)amendment or stay of an order of the court from which the appeal is brought;

(e)suspension of the operation of an order to which the appeal relates;

(f)including, removing or substituting a party;

(g)a consent order disposing of the appeal (including an order for costs);

(h)dismissal of an appeal or other proceeding for want of prosecution or for any other reason prescribed under the rules;

(i)dismissal of an appeal or other proceeding on the application of the appellant or other applicant;

(j)directions about the conduct of the appeal (including directions about use of written submissions and limiting time for oral argument);

(k)any other question of practice and procedure in the Court of Appeal;

(l)costs and other matters incidental to a matter mentioned in paragraphs (a) to (k).

(2)The rules may provide for incidental matters to be dealt with without an oral hearing, subject to any conditions prescribed under the rules.

(3)The rules may provide that the jurisdiction and powers of the Court of Appeal may be exercised by a single judge in particular kinds of proceedings.

37KDecision-making

The Court of Appeal must make its decision on an appeal in accordance with the opinion of the majority of the judges sitting on the appeal, unless section 37L (3) applies.

37LAppeal judge unable to continue sitting

(1)If, before a proceeding on an appeal is decided, 1 of the judges becomes unable to continue to sit on the appeal, the proceedings may continue before the appeal court constituted by the 2 remaining judges, if the parties agree.

NoteIf a judge’s term of office ends before the proceeding is decided, this section does not apply (unless the judge is removed from office, or is otherwise unable to continue to sit on the appeal).  Section 60A provides that, in this circumstance, the judge continues to hold office for the purpose of the proceeding, and may continue to exercise the jurisdiction of the Court of Appeal for that purpose.

(2)If the parties do not agree to the continuation of the proceeding before the 2 remaining judges, the appeal must be reheard and decided by the Court of Appeal constituted by 3 judges ((including, if practicable, the 2 remaining judges)).

(3)If the parties agree to the continuation of proceedings before the 2 remaining judges, and the remaining judges are divided in opinion—

(a)if they are divided in opinion about the decision on the appeal—the appeal must be reheard and decided by the Court of Appeal constituted by 3 judges (including, if practicable, the 2 remaining judges); or

(b)if they are divided in opinion about any other issue—the decision of the court is the decision of the most senior of the remaining judges.

37MReserved judgments

(1)If judgment is reserved in a proceeding before the Court of Appeal after a full hearing, the judgment of the court (including the judgment of 1 or more of the judges sitting on the court) may later be delivered, orally or in writing, by any of the sitting judges.

(2)It is not necessary for the other judges sitting on the Court of Appeal in the proceeding to be present when judgment is delivered.

37NEvidence on appeal

(1)The Court of Appeal must have regard to the evidence given in the proceeding out of which the appeal arose.

(2)The Court of Appeal may draw inferences of fact from that evidence.

(3)The Court of Appeal may receive further evidence in any of the following ways:

(a)by oral examination before the court or a judge;

(b)on affidavit;

(c)by audiovisual link or audio link;

(d)any other way the court may receive evidence.

(4)In this section:

audio link––see the Evidence (Miscellaneous Provisions) Act 1991, section 16 (Definitions—ch 3).

audiovisual link––see the Evidence (Miscellaneous Provisions) Act 1991, dictionary.

37OOrders on appeal

(1)The Court of Appeal has the following powers in relation to the order appealed from:

(a)to confirm, reverse or amend the order;

(b)to give any order it considers appropriate, or refuse to give an order applied for;

(c)to set aside the order (completely or in part) and remit the proceeding to the court constituted by a single judge for further hearing and decision, subject to any directions the Court of Appeal considers appropriate;

(d)to set aside the verdict and order in a trial on indictment and order a verdict of not guilty (or another verdict) to be entered;

(e)to order a new trial, with or without jury, on any appropriate ground;

(f)to award enforcement of any order, or remit the proceeding to the court constituted by a single judge for enforcement of the order.

(2)The Court of Appeal on an appeal against conviction must—

(a)allow the appeal if it considers that—

(i)the verdict of the jury should be set aside on the ground that it is unreasonable, or cannot be supported, having regard to the evidence; or

(ii)the judgment of the court before which the appellant was convicted should be set aside on the ground of a wrong decision of any question of law; or

(iii)on any other ground there was a miscarriage of justice; or

(b)dismiss the appeal.

(3)However, the Court of Appeal may also dismiss an appeal against conviction if it considers that—

(a)the point raised by the appeal might be decided in favour of the appellant; but

(b)no substantial miscarriage of justice has actually occurred.

(4)If a judgment of the Court of Appeal is remitted for execution under subsection (1) (f), the court constituted by a single judge must execute the judgment of the Court of Appeal as if it were that judge’s own judgment.

(5)The Court of Appeal may exercise powers under subsection (1) in relation to the order appealed from—

(a)despite any application in the notice of appeal that part only of the order be reversed or amended; and

(b)in favour of all or any of the respondents or other parties, including any who have not appealed from or complained of the order.

(6)An interlocutory order from which there has been no appeal does not prevent the Court of Appeal from making any order on the appeal it considers just.

(7)In a criminal matter, the powers of the Court of Appeal in an appeal against sentence (whether by the prosecution or defendant) include the following powers:

(a)to increase or decrease the sentence;

(b)to substitute a different sentence.

37PNew trials

If the Court of Appeal orders a new trial, the court may, by the order, do any or all of the following in relation to the new trial:

(a)order that the new trial be conducted generally, or on particular issues;

(b)impose any conditions that it considers appropriate;

(c)direct any admissions by a party that it considers appropriate;

(d)order that the testimony of a witness examined at the original trial be used in the new trial in the way stated in the order.

37QBail time on appeal does not count towards sentence

If a person who has been convicted and sentenced to a term of imprisonment appeals to the Court of Appeal (against the conviction, or sentence, or both), any time spent while released on bail pending the decision on the appeal does not count as part of the term of imprisonment.

37SReference appeal in relation to proceeding

(1)This section applies if a person has been charged on indictment in the court and the proceeding in relation to all or any part of the indictment has concluded.

NoteIndictment includes information (see Legislation Act, dict, pt 1).

(2)The Court of Appeal may, on application by the Attorney-General, solicitor-general or the director of public prosecutions (the applicant), hear and decide (by a reference appeal) any question of law arising at or in relation to the proceeding.

(3)An application must be made within 6 weeks after the end of the proceeding, or within any longer period allowed by the Court of Appeal.

(4)Either or both of the following people (an interested party) may be heard in the reference appeal:

(a)a person charged in the proceeding;

(b)a person affected by any decision in the proceeding.

(5)If an interested party is not represented in the appeal, the applicant must instruct counsel to argue the reference appeal on the party’s behalf.

(6)The decision on the reference appeal does not invalidate or affect any verdict or decision given in the proceeding.

Part 2AADrug and alcohol treatment order jurisdiction

37SADefinitions—pt 2AA

In this part:

drug and alcohol treatment order—see the Crimes (Sentencing) Act 2005, section 12A.

member—

(a)in relation to the treatment and supervision team—see the Crimes (Sentencing) Act 2005, section 80M; and

(b)in relation to the treatment order team—see the Crimes (Sentencing) Act 2005, section 80M.

treatment and supervision team—see the Crimes (Sentencing) Act 2005, section 80M.

treatment order judge means a judge exercising the jurisdiction of the court under this part.

treatment order team—see the Crimes (Sentencing) Act 2005, section 80M.

37SBDrug and alcohol treatment order jurisdiction

(1)The court has jurisdiction under this part to hear and decide all matters relating to a drug and alcohol treatment order in relation to an offender.

(2)Without limiting subsection (1), a matter relating to an offender’s drug and alcohol treatment order includes the following:

(a)the making of the order;

(b)the conditions of the order;

(c)an amendment of the order;

(d)the offender’s compliance with the order;

(e)the cancellation or suspension of the order;

(f)any matter reasonably necessary for the proper administration, operation of, or compliance with, the order.

37SCCourt not bound by rules of evidence

When exercising its jurisdiction under this part, the court is not bound by the rules of evidence and may inform itself of anything in a manner it thinks appropriate.

37SDTreatment order judge may convene case conference

(1)The treatment order judge may, from time to time, convene a case conference with the treatment order team or the treatment and supervision team in relation to any matter relating to a drug and alcohol treatment order, including the following:

(a)the making, amending or cancelling the order;

(b)giving directions that are reasonably necessary to achieve the object of the order;

(c)consulting with other members of the treatment and supervision team or members of the treatment order team;

(d)monitoring the progress of the offender subject to the order;

(e)managing the work of the court in relation to drug and alcohol treatment orders.

(2)It is not a requirement of a case conference under this section that the offender or the offender’s lawyer be present unless the court directs otherwise.

Part 2BRemuneration, allowances and other entitlements of judges

37TMeaning of entitlements

In this part:

entitlements means a benefit other than remuneration or allowances.

37UResident judges

(1)This section applies to a person (other than a person to whom the A.C.T. Self-Government (Consequential Provisions) Act 1988 (Cwlth), section 29A (2) applies) who is appointed as a resident judge.

(2)A person to whom this section applies is entitled to the same remuneration, allowances and entitlements as a judge of the Federal Court is entitled to from time to time.

(3)However, subsection (2) is subject to the following provisions:

(a)subsections (4) to (6);

(b)section 37UA (Indemnity for superannuation surcharge levy);

(c)section 37UB (Salary of former President).

(4)For subsection (2), the Judges’ Pensions Act 1968 (Cwlth) and the Judges (Long Leave Payments) Act 1979 (Cwlth) apply in relation to a person to whom this section applies, to the extent to which they are capable of being applied, as if—

(a)those Acts were territory laws; and

(b)the person had been a judge of the Federal Court immediately before the person died or retired, had been appointed to that court when appointed as a resident judge and had served as a judge of that court for a period equal to the period of the person’s service as a resident judge; and

(c)the Judges’ Pensions Act 1968 (Cwlth), section 6A applied to the person, and section 6B did not apply to the person, whether or not the person’s surcharge debt account (if any) is in debit when a pension becomes payable to the person; and

(d)a reference to the Attorney-General of the Commonwealth were a reference to the Attorney-General; and

(e)a reference to the Governor-General of the Commonwealth were a reference to the Executive; and

(f)a reference to the Constitution, section 72 were a reference to the Judicial Commissions Act 1994, section 5; and

(g)a reference to the Consolidated Revenue Fund were a reference to the public money of the Territory; and

(h)a reference to the administrative review tribunal of the Commonwealth were a reference to the ACAT; and

(i)a reference in the Judges’ Pensions Act 1968 (Cwlth) to a marital relationship included a reference to a relationship between 2 people of the same sex, subject otherwise to that Act, section 4AB (Marital relationship); and

(j)a reference in the Judges (Long Leave Payments) Act 1979 (Cwlth) to a widow or widower of a judge who has died included a reference to anyone else who was the domestic partner of the judge when the judge died; and

(k)all other necessary changes, and any changes prescribed by regulation, were made.

Note 1A reference to a Cwlth Act includes a reference to the Act as originally made and as amended (see Legislation Act, s 102).

Note 2For the meaning of domestic partner, see the Legislation Act, s 169.

(5)To remove any doubt, for the application of the Judges’ Pensions Act 1968 (Cwlth) to a person to whom this section applies, a reference in that Act to the appropriate current judicial salary in relation to the person is—

(a)for a person who was Chief Justice—a reference to salary at the rate that would be payable to the person as Chief Justice if the person had not died or retired; and

(b)for a person who was President—a reference to salary at the rate that would be payable to the person as President if the person had not died or retired; and

(c)for a person who was appointed to an office that has been abolished—a reference to the amount determined by the Minister to be reasonable having regard to the rate of salary payable—

(i)for the office before it was abolished; and

(ii)for other offices under this part.

(6)For subsection (5), salary includes salary (however described) payable under a determination of the remuneration tribunal.

(7)A determination made under subsection (5) (c)—

(a)is a notifiable instrument; and

(b)for the first determination made in relation to the holder of the abolished office—takes effect on, unless otherwise stated in the determination, the day immediately after the office is abolished.

37UAIndemnity for superannuation surcharge levy

(1)This section applies if—

(a)a judge or other person is entitled to be paid a pension under this Act; and

(b)the commissioner of taxation has notified the judge or other person that the judge or other person is liable to pay the amount of superannuation contributions surcharge stated in the notice; and

(c)the superannuation contributions surcharge relates to surchargeable contributions made in relation to the judge.

(2)The Territory must indemnify the judge or other person against the liability to pay the amount stated in the notice.

(3)The public money of the Territory is appropriated to the extent necessary for payment of the amount indemnified.

(4)A term used in this section that is defined in the Superannuation Contributions Tax (Assessment and Collection) Act 1997 (Cwlth) has the same meaning in this section.

37VActing judge—conditions of appointment

An acting judge is appointed on the conditions decided by the Executive, subject to this Act and any determination under the Remuneration Tribunal Act 1995.

37WDual appointments

(1)In this section:

superior court office, in relation to a judge of the court who holds office as a judge of a superior court of record of the Commonwealth, a State or another Territory, means the office of judge of that superior court of record.

(2)Subject to subsections (3) and (4), a judge is not entitled to remuneration, allowances or entitlements if the judge—

(a)concurrently holds a superior court office; and

(b)is entitled to remuneration, allowances or entitlements (as the case requires) in relation to the superior court office.

(3)If the amount of remuneration or allowances to which a judge would be entitled as a judge of the court if subsection (2) did not apply exceeds the remuneration or allowances (as the case may be) to which he or she is entitled in relation to his or her superior court office, the judge is entitled to receive an additional amount equal to that excess.

(4)If the entitlements to which a judge would be entitled as a judge of the court if subsection (2) did not apply—

(a)are of a type not provided for in relation to his or her superior court office; or

(b)are of a better quality than those provided for in relation to his or her superior court office;

the judge is entitled to receive entitlements of that type or quality.

(5)This section does not apply to an acting judge of the court.

37XAccrual and appropriation

(1)The remuneration and allowances to which a judge is entitled accrue from day-to-day.

(2)The public money of the Territory is appropriated to the extent necessary for payment to judges of remuneration and allowances.

Part 4Officers

1. Appointments

   (1)The Attorney-General must appoint a person as the registrar of the Supreme Court.

   Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

   Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

   Note 3Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

   (2)The director-general must appoint a person as the sheriff of the Territory.

   (3)The registrar may appoint the deputy registrars of the court and other officers of the court that are necessary.

   (4)The sheriff may appoint the deputy sheriffs of the Territory.

   (5)A person appointed under subsection (3) or (4) must be a public servant.

2. Functions of registrar and deputy registrars

   (1)The registrar has power to administer oaths and may exercise the other functions given to the registrar under this Act, another territory law or a special order of the court.

   (2)Subject to this Act and to any directions of the registrar, a deputy registrar may exercise the functions of the registrar under this Act or another territory law.

   NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and rules (see Legislation Act, s 104).

   (3)The exercise of a function by a deputy registrar does not affect the power of the registrar to exercise the function.

3. Oath or affirmation of office—registrar

   Before exercising the functions of office, the registrar shall take or make—

   (a)an oath or affirmation in accordance with schedule 1, part 1.3; or

   (b)an oath or affirmation in accordance with schedule 1, part 1.4;

   before a judge.

4. Functions of sheriff

   The sheriff shall—

   (a)serve or execute any process of the court directed to him or her; and

   (b)make due return to the court of such process; and

   (c)take due charge of any person committed to his or her custody by the court; and

   (d)discharge any such person as directed by the court or as required under a territory law.

5. Deputy sheriffs

   (1)Subject to this Act and the directions of the sheriff, a deputy sheriff may exercise the functions of the sheriff under this Act or another territory law.

   NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and rules (see Legislation Act, s 104).

   (2)In exercising the functions of the sheriff, a deputy sheriff has all the rights, privileges, immunities and liabilities of the sheriff.

   (3)The exercise of a function by a deputy sheriff does not affect the power of the sheriff to exercise the function.

6. Process of court if sheriff or deputy sheriff is interested party

   (1)If the sheriff or a deputy sheriff is a party to a cause in the court, any process of the court in the cause that would, except for this section, be directed to the sheriff or the deputy (as the case may be) shall be directed to a disinterested person appointed by the court.

   (2)A person appointed under subsection (1) shall—

   (a)serve or execute a process directed to him or her; and

   (b)make due return of the process to the court.

   (3)In exercising the functions of the sheriff or deputy sheriff, a person appointed under subsection (1) has all the rights, privileges, immunities and liabilities of the sheriff or a deputy sheriff (as the case requires).

7. Sheriff’s assistants

   (1)The sheriff may appoint public servants to assist in the exercise of the sheriff’s functions.

   Note 1For the making of appointments (including acting appointments), see Legislation Act, pt 19.3.

   Note 2In particular, a person may be appointed for a particular provision of a law (see Legislation Act 2001, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

   (2)A person appointed under subsection (1) (a sheriff’s assistant)—

   (a)may exercise any function given to the sheriff, subject to this Act and any directions of the sheriff; and

   (b)has the rights, privileges, immunities and liabilities of the sheriff.

   (3)Anything done by a sheriff’s assistant is taken to have been done by the sheriff.

Part 5General matters of procedure

55AHearing of bail applications

(1)Unless the court otherwise directs, where—

(a)a person who is in custody is required or entitled to appear, or is required to be brought, before the court for the hearing of an application in relation to bail; and

(b)an audiovisual link is available between the place where the court is sitting and a place where the person is in custody;

the proceeding shall be conducted by the audiovisual link.

(2)The court may at any time vary or revoke a direction made under subsection (1), either on its own initiative or on the application of a party to the proceeding.

(3)This section does not apply in relation to a child.

(4)In this section:

audiovisual link—see the Evidence (Miscellaneous Provisions) Act 1991, dictionary.

58ASupreme Court trials—evidence of dead or absent persons

(1)On the trial before the Supreme Court of a person who has been committed for trial, whether for the offence in relation to which the person was committed for trial or for an offence founded on evidence disclosed in the course of the committal hearing, it is provided that—

(a)a witness whose depositions were taken in the course of the committal proceedings is dead, is so ill as not to be able to travel or give evidence or is absent from Australia; and

(b)if the witness gave evidence in person at the committal hearing, the accused person or the accused person’s lawyer had the opportunity to cross-examine the witness;

any of the statements in the depositions that would, if the witness who made the depositions had given evidence on the trial have been admissible, are admissible as evidence on the trial.

(2)In this section:

depositions, of a witness, means—

(a)if a record of the depositions was made in accordance with the Magistrates Court Act 1930, section 316 (2) (Record of proceedings)—a transcript of the record certified in accordance with that Act, section 314 (2) (Registrar to give directions for preparation of transcript); or

(b)if the depositions were taken down in writing and signed in accordance with the Magistrates Court Act 1930, section 316 (3)—the depositions taken down and signed.

60APower to complete part-heard proceedings

(1)This section applies if a proceeding (including a proceeding in the Full Court or the Court of Appeal) is not finally determined when a judge (the former judge) hearing the proceeding ceases to hold office.

(2)The former judge—

(a)is taken to continue to hold office for the purpose of determining the proceeding; and

(b)may continue to exercise the court’s jurisdiction for the purpose of hearing and determining the proceeding, including giving judgment, making an order or completing or otherwise continuing to deal with any matter relating to the proceeding.

(3)However, the former judge is not entitled to any remuneration, allowances or entitlements under this Act for holding office under this section.

(4)This section does not apply if a judge is removed from office.

(5)Nothing in this section prevents a person being appointed as an acting judge.

1. Reserved judgments

   (1)If judgment is reserved in a proceeding before the Full Court after a full hearing, the judgment of the court (including the judgment of 1 or more of the judges sitting on the court) may later be delivered, orally or in writing, by any of the sitting judges.

   (2)It is not necessary for the other judges sitting on the Full Court in the proceeding to be present when judgment is delivered.

2. Change of venue

   (1)At any stage of proceedings on a cause or matter in the court, the court may order that the cause or matter be heard at a specified place within Australia, or continued at another specified place within Australia, subject to section 18 (1) and to any conditions specified in the order.

   (2)After a cause or matter in the court has been heard at a place, the court may give further hearing or consideration to the cause or matter, or pronounce judgment, at a sitting of the court at another place within Australia, subject to section 18 (1).

3. Seals

   (1)The Court of Appeal must have a seal.

   (2)The Supreme Court must have a seal.

67AVexatious litigants

(1)In this section:

aggrieved person, in relation to proceedings, means a person aggrieved by the institution of those proceedings.

proceedings means any cause, matter, action, suit or proceeding of any other kind within the jurisdiction of any court or tribunal and includes any proceeding taken in connection with any such legal proceedings pending before any court or tribunal.

vexatious proceedings means proceedings—

(a)the purpose of which is to harass or annoy, to cause delay or for some other ulterior purpose; or

(b)that lack reasonable grounds.

(2)If, on the application of the Attorney-General or an aggrieved person, the court is satisfied that a person has frequently instituted vexatious proceedings, the court may declare the person to be a vexatious litigant.

(3)If a person is declared to be a vexatious litigant—

(a)the person, or a person acting in concert with the person, shall not institute or continue any proceedings or, for a declaration expressed to apply only in relation to a particular type of matter, proceedings of that type, without the leave of the court; and

(b)any proceedings pending at the time of the declaration or, for a declaration expressed to apply only in relation to a particular type of matter, proceedings of that type, are stayed subject to any order of the court in relation to those proceedings.

(4)If the court gives leave to a person for subsection (3) (a), it may impose the conditions it considers appropriate.

(5)Conditions imposed under subsection (4) in relation to proceedings may include conditions—

(a)relating to security for costs in the proceedings; and

(b)specifying matters relating to the issue of process in the proceedings.

(6)Unless expressed to remain in force until the end of a date specified in the declaration, a declaration remains in force until revoked by the court.

(7)The court may vary a declaration.

(8)Subject to any order of the court, a declaration, or a variation or revocation of a declaration, is a notifiable instrument.

NotePower to make a notifiable instrument includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

(9)If proceedings are instituted by a person in contravention of this section, the proceedings shall be taken to have been permanently stayed.

(10)If practicable, any documents filed or lodged with a court or tribunal by a person in proceedings referred to in subsection (9) shall be returned to the person by the registrar or similar officer of a court or tribunal.

(11)Notwithstanding subsection (3), a person declared to be a vexatious litigant may, without the leave of the court, apply to the court for the revocation or variation of the declaration or of any conditions to which the declaration is subject.

Part 7Trial on indictment

1. Prosecution of indictable offences

   (1)Subject to subsection (2), an indictable offence triable before the court shall be prosecuted by information in the name of the Attorney-General or of any other person the Attorney-General,  in writing, appoints for this subsection.

   (2)The Attorney-General may file an information under subsection (1) without examination or commitment for trial of the accused person.

   (3)On an information being filed without examination or commitment for trial, the court may—

   (a)cause a summons to be issued to the accused person to appear at the time and place specified in the summons and there to answer the charge specified in the information; or

   (b)issue a warrant for the arrest of the accused person and hold him or her in custody or admit him or her to bail.

   (4)If a person has been committed for trial on a charge for an indictable offence triable before the court, the information against the person may include, either in substitution for, or in addition to, a count charging the offence for which the person was committed, a count founded on a fact or evidence disclosed in the course of the committal proceedings.

   (5)Subsection (4) does not authorise the inclusion of more than 1 count in the same information unless those counts may lawfully be joined in a single information.

   (6)If a person is under commitment on a charge of an indictable offence triable before the court, the Attorney-General, or any other person the Attorney-General, by instrument, appoints this subsection, may decline to proceed further in the prosecution and, if the accused person is in custody, may, by warrant, direct the discharge of the accused person from custody, and the accused person shall be discharged accordingly.

68ATrial by jury in criminal proceedings

Criminal proceedings shall be tried by a jury, except as otherwise provided by this part.

68BTrial by judge alone in certain criminal proceedings

(1)A criminal proceeding against an accused person for an offence other than an excluded offence must be tried by a judge alone if—

(a)the person elects in writing to be tried by a judge alone; and

(b)the person produces a certificate signed by a legal practitioner stating that—

(i)the legal practitioner has advised the person in relation to the election; and

(ii)the person has made the election freely; and

(c)the election and certificate are filed in the court before—

(i)the person, or the person’s legal representative, knows the identity of the judge for the person’s trial; and

(ii)any time limit prescribed under the rules; and

(d)if there is more than 1 accused person in the proceeding—

(i)each other accused person also elects to be tried by a judge alone; and

(ii)each other accused person’s election is made in relation to all offences for which that person is to be tried in the proceeding; and

(iii)none of the offences for which any other accused person is to be tried is an excluded offence.

(2)An accused person who elects to be tried by a judge alone may, at any time before the person is arraigned, elect to be tried by a jury.

(3)If an accused person makes and then withdraws an election, the person may not make another election.

(4)In this section:

excluded offence means an offence against a provision mentioned in an item in schedule 2 (Trial by judge alone—excluded offences), part 2.2, column 3 of an Act mentioned in the item, column 2.

68CVerdict of judge in criminal proceedings

(1)A judge who tries criminal proceedings without a jury may make any finding that could have been made by a jury as to the guilt of the accused person and any such finding has, for all purposes, the same effect as a verdict of a jury.

(2)The judgment in criminal proceedings tried by a judge alone must include the principles of law applied by the judge and the findings of fact on which the judge relied.

(3)In criminal proceedings tried by a judge alone, if a territory law requires a warning or direction to be given, or a comment to be made, to a jury in the proceedings, the judge must take the warning, direction or comment into account in considering his or her verdict.

Part 8Back-up and related offences

68CADefinitions––pt 8

In this part:

back-up offence, in relation to an indictable offence (the first indictable offence), means an offence––

(a)that is––

(i)a summary offence; or

(ii)an indictable offence that is capable of being dealt with summarily by the Magistrates Court under the Magistrates Court Act 1930, part 3.6 (Proceedings for offences punishable summarily); and

(b)at least some of the elements of which are similar to the elements that constitute the first indictable offence; and

(c)that is to be prosecuted on the same facts as the first indictable offence.

related offence, in relation to an indictable offence (the first indictable offence), means an offence, other than a back-up offence—

(a)that is––

(i)a summary offence; or

(ii)an indictable offence that is capable of being dealt with summarily by the Magistrates Court under the Magistrates Court Act 1930, part 3.6 (Proceedings for offences punishable summarily); and

(b)that arises from substantially the same circumstances as those from which the first indictable offence has arisen.

68DBack-up and related offences

(1)This section applies in the following circumstances:

(a)if the Magistrates Court commits an accused person for trial or sentencing to the Supreme Court under any of the following provisions of the Magistrates Court Act 1930:

(i)section 88B (Court may waive committal proceedings);

(ii)section 90A (7) (Plea of guilty at committal hearing);

(iii)section 92A (1) (Committal for sentence for indictable offence tried summarily);

(iv)section 94 (1) (b) (Discharge or committal for trial);

(v)section 291G (2) (Childrens Court may send cases to Supreme Court for sentencing);

(b)at the conclusion of the trial of an accused person for an indictable offence, or in the course of a sentencing proceeding.

(2)The court must deal with any back-up or related offence with which the accused person has been charged if the court considers that it is in the interests of justice.

(3)The court may deal with a back-up or related offence with which an accused person has been charged even though it is not doing so in relation to a back-up or related offence with which another accused person in the same proceedings is charged.

68EProcedure

(1)The court shall deal with a back-up or related offence under this part—

(a)without a jury; and

(b)on the basis only—

(i)of evidence given during the trial of the accused person for any indictable offence in the same proceedings; and

(ii)of any additional evidence given under this section.

(2)The prosecutor or the accused person may, with the leave of the court, call additional evidence in relation to the back-up or related offence.

(3)In sentencing or otherwise dealing with a person for a back-up or related offence, the court has the same functions as the Magistrates Court.

68FRemission of back-up and related offences to Magistrates Court

The court may, at any time, remit a back-up or related offence being dealt with under this part to the Magistrates Court.

68GAlternative verdict—summary offence

(1)This section applies if, on the trial of a person for an indictable offence against a territory law—

(a)the person is found not guilty of the offence but guilty of another offence that, under that law, is an alternative offence; and

(b)the alternative offence is a summary offence.

(2)The court may sentence or otherwise deal with the person for the alternative offence.

(3)In sentencing or otherwise dealing with the person, the court has the same functions as the Magistrates Court.

Part 8AAAcquittals

Division 8AA.1        Application—pt 8AA

68HApplication—pt 8AA

(1)This part applies if—

(a)a person has been acquitted of an offence (a principal offence); and

(b)a double jeopardy law of the Territory would, but for this part, prevent the person from being retried for the principal offence, or from being tried for another offence, in a proceeding in the ACT.

(2)A reference to a person acquitted of a principal offence includes a person acquitted of a principal offence in a proceeding in another jurisdiction if a law of the jurisdiction provides for the retrial of the person for the offence, or the trial of the person for another offence.

(3)This part abrogates the doctrine of double jeopardy, however expressed in a double jeopardy law, to the extent necessary for the operation of this part and—

(a)confers on the Crown a right of appeal against an acquittal in a criminal proceeding; and

(b)permits the retrial of a person acquitted of an offence (the acquittal offence), and the trial of the person for another offence.

NoteA reference to a territory law includes a reference to an Act and the common law (see Legislation Act, dict, pt 1, def territory law).

(4)In this section:

double jeopardy law means a territory law that gives effect to a rule of double jeopardy in a criminal proceeding.

Example—law that gives effect to a rule of double jeopardy

a law that does any of the following in relation to a criminal proceeding:

(a)    makes available the plea of autrefois acquit or autrefois convict;

(b)    gives effect to the principle that a person should not be punished more than once for the same matter;

(c)    gives effect to the principle of finality of an acquittal;

(d)    prevents an abuse of process brought about by repeated prosecution for an offence when the repeated prosecution is based on facts that are manifestly inconsistent with a previous acquittal or previous conviction

Division 8AA.2        Important concepts

68IDefinitions—pt 8AA

In this part:

acquittal—see section 68J.

administration of justice offence means—

(a)if the offence is committed in the ACT—an offence under the Criminal Code, chapter 7 (Administration of justice offences) other than part 7.3 (a chapter 7 offence); or

(b)if the offence is committed in a jurisdiction other than the ACT—a corresponding offence to a chapter 7 offence.

another jurisdiction means a jurisdiction other than the ACT and includes a jurisdiction outside Australia.

category A offence means an offence punishable by imprisonment for life.

category B offence means an offence punishable by imprisonment for life or imprisonment for 15 years or longer.

compelling, evidence—see section 68K.

court means the Court of Appeal.

fresh, evidence—see section 68K.

tainted, acquittal—see section 68L.

68JMeaning of acquittal—pt 8AA

(1)For this part an acquittal in a criminal proceeding includes—

(a)an order of an appellate court that quashes a conviction or finding of guilt for an offence; and

(b)a verdict, returned or entered, of not guilty of an offence.

(2)However, for this part, an acquittal in a criminal proceeding does not include a special verdict of not guilty of an offence because of mental impairment, returned or entered, under the Crimes Act 1900, division 13.3 or the Criminal Code, section 28 (7).

(3)In this section:

finding of guilt, for an offence, means—

(a)an order made for the offence under the Crimes (Sentencing) Ac  2005, section 17 (Non-conviction orders—general); and

(b)a decision by a court to take the offence into account under the Crimes (Sentencing) Act 2005, section 57 (Outstanding additional offences taken into account in sentencing).

68KMeaning of fresh and compelling evidence—pt 8AA

(1)For this part, evidence against a person acquitted of an offence is fresh if the evidence—

(a)was not tendered in the proceeding in which the person was acquitted of the offence; and

(b)could not, in the course of an exercise of reasonable diligence, have been tendered in the proceeding.

(2)However, for this part, evidence against a person acquitted of an offence is not fresh if the evidence—

(a)was, or was considered to be, inadmissible in the proceeding in which the person was acquitted of the offence; and

(b)would, as a result of a change in the law on or after the person was acquitted of the offence, be admissible in a proceeding in which the person is retried for the offence.

(3)For this part, evidence against a person acquitted of an offence is compelling if the evidence is—

(a)reliable; and

(b)substantial; and

(c)highly probative of the guilt of the acquitted person in the context of the issues in dispute in the proceeding in which the person was acquitted.

68LMeaning of tainted acquittal—pt 8AA

(1)For this part, an acquittal is tainted if—

(a)the person acquitted of an offence (the acquittal offence), or someone else, has been convicted of an administration of justice offence that is relevant to the proceeding in which the acquittal happened; and

(b)it is more likely than not that, but for the commission of the administration of justice offence, the acquitted person would have been convicted of the acquittal offence.

(2)However, an acquittal is not tainted if the conviction for the administration of justice offence is subject to an appeal for which leave is not required.

Division 8AA.3        Retrial etc of acquitted person

68MCourt may order retrial—category A offence

(1)The court may, on application by the director of public prosecutions, order a person acquitted of an offence (an acquitted person) to be retried for a category A offence if satisfied that—

(a)there is fresh and compelling evidence against the acquitted person in relation to the offence; and

(b)it is in the interests of justice for the order to be made.

(2)If the court orders the acquitted person to be retried, the court must quash the person’s acquittal and remove the acquittal as a bar to the person being retried for a category A offence.

(3)The court may, under this section, order the acquitted person to be retried for a category A offence even if the person was acquitted of a lesser offence.

(4)The acquitted person is entitled to appear at the hearing of an application under this section and may be represented by a legal practitioner.

(5)This section applies only if the acquittal that is the subject of the application happened on or after the commencement of the Supreme Court Amendment Act 2016, section 3.

68NCourt may order retrial—category B offence

(1)The court may, on application by the director of public prosecutions, order a person acquitted of an offence (an acquitted person) to be retried for a category B offence if satisfied that—

(a)the person’s acquittal is tainted; and

(b)it is in the interests of justice for the order to be made.

(2)If the court orders the acquitted person to be retried, the court must quash the person’s acquittal and remove the acquittal as a bar to the person being retried for a category B offence.

(3)The court may, under this section, order the acquitted person to be retried for a category B offence even if the person was acquitted of a lesser offence.

(4)If the court makes an order under this section for an acquitted person to be retried, based on the person’s conviction for an administration of justice offence (the justice offence), and the conviction for the justice offence is quashed after the order is made, the acquitted person may apply to the court to set aside the order and—

(a)restore the acquittal that was quashed; or

(b)restore the acquittal as a bar to the acquitted person being retried for an offence.

(5)The acquitted person is entitled to appear at the hearing of an application under this section and may be represented by a legal practitioner.

(6)This section applies whether the acquittal that is the subject of the application happened before, on or after the commencement of the Supreme Court Amendment Act 2016, section 3.

68OCourt may order trial—administration of justice offence

(1)The court may, on application by the director of public prosecutions, order a person who has been acquitted of an indictable offence (an acquitted person) to be tried for an administration of justice offence that is related to the proceeding for the indictable offence, if satisfied that—

(a)there is fresh evidence against the acquitted person; and

(b)the evidence is relevant to the administration of justice offence; and

(c)it is in the interests of justice for the order to be made.

(2)If the court orders the acquitted person to be tried for the administration of justice offence, the court must quash the person’s acquittal for the indictable offence and remove the acquittal for the indictable offence as a bar to the person being tried for the administration of justice offence.

(3)The acquitted person is entitled to appear at the hearing of an application under this section and may be represented by a legal practitioner.

(4)This section applies whether the acquittal that is the subject of the application happened before, on or after the commencement of the Supreme Court Amendment Act 2016, section 3.

68PInterests of justice

When determining whether an order under section 68M (Court may order retrial—category A offence), section 68N (Court may order retrial—category B offence) or section 68O (an order) is in the interests of justice, the court must take into account the following:

(a)whether an acquitted person to whom the order would relate is, in the circumstances, likely to receive a fair trial;

(b)the period since the offence, for which an acquitted person would be tried or retried as a result of an order, was committed;

(c)whether a police officer or prosecutor has failed to act with reasonable diligence or expedition in relation to the application for an order.

Division 8AA.4        Procedure

Subdivision 8AA.4.1  Applications under pt 8AA

68QConditions for retrial application

(1)An application under section 68M (Court may order retrial—category A offence) or section 68N (Court may order retrial—category B offence) for the retrial of an acquitted person must not be made unless—

(a)the acquitted person has been charged with the offence for which the retrial is sought (the retrial offence); or

(b)a warrant has been issued for the person’s arrest in relation to the retrial offence.

(2)The application must be made not later than 28 days after the person is charged with the retrial offence or the warrant is issued for the person’s arrest in relation to the retrial offence.

(3)The court may extend the period mentioned in subsection (2).

68RLimitations on retrial application

(1)Not more than 1 application in relation to the same acquittal may be made under this part for the retrial of an acquitted person.

(2)For an acquittal that happens in a retrial ordered under this part—

(a)no further application may be made under section 68M (Court may order retrial—category A offence) in relation to the acquittal; but

(b)a further application may be made under section 68N (Court may order retrial—category B offence) in relation to the acquittal.

68SConditions for justice offence trial application

(1)An application under section 68O (Court may order trial—administration of justice offence) for the trial of an acquitted person must not be made unless—

(a)the person has been charged with the administration of justice offence for which the trial is sought (the justice offence); or

(b)a warrant has been issued for the person’s arrest for the justice offence.

(2)The application must be made not later than 28 days after the person is charged with the justice offence or the warrant is issued for the person’s arrest in relation to the justice offence.

(3)The Court may extend the period mentioned in subsection (2).

Subdivision 8AA.4.2  Presentation of indictment

68TLimitations on indictment

(1)If an acquitted person is, by an order under division 8AA.3, liable to be retried for a category A offence or a category B offence, the director of public prosecutions must not, in a proceeding allowed by the order, present an indictment against the person for an offence that was not enacted at the time the person is alleged to have engaged in conduct constituting the offence for which the person was acquitted and that was the subject of the application for the order.

(2)Subsection (3) applies if an acquitted person is, by an order under division 8AA.3, liable to be—

(a)retried for a category A offence or a category B offence (a retrial offence); and

(b)tried for an administration of justice offence (a justice offence), in relation to the proceeding for which the person was acquitted (the original proceeding) and that was the subject of the application for the order that the person be retried for the category A or category B offence.

(3)The director of public prosecutions may, in a proceeding allowed by the order, present an indictment against the person for—

(a)if the justice offence does not directly controvert the person’s acquittal in the original proceeding—both the retrial offence and the justice offence; or

(b)if the justice offence directly controverts the person’s acquittal in the original proceeding—either the retrial offence or the justice offence, but not both.

1. Amendment history

   In this table Acts and statutory rules for 1992 and earlier years are Commonwealth Acts and statutory rules, and Acts for 1993 and later years are ACT Acts.

   Long title

   long titleam Cwlth Act 1971 No 98

   Name of Act

   s 1am Cwlth Act 1950 No 80; Cwlth Act 1992 No 49

   sub A2001‑54 amdt 1.1

   Dictionary

   s 2  orig s 2 sub Cwlth Act 1959 No 51

   am Cwlth Act 1964 No 109

   om Cwlth Act 1973 No 216

   (prev s 5) am Cwlth Act 1935 No 27; Cwlth Act 1945 No 57; Cwlth Act 1957 No 34; Cwlth Act 1958 No 43; Cwlth Act 1964 No 109; Cwlth Act 1968 No 156; Ord1971‑13; Cwlth Act 1971 No 98; Cwlth Act 1973 No 216; Cwlth Act 1976 No 158; Ord1982‑26; Cwlth Act 1988 No 38; Cwlth Act 1988 No 109; Cwlth Act 1992 No 49

   renum Cwlth Act 1992 No 49

   defs reloc to dict A2001‑54 amdt 1.3

   om A2001‑54 amdt 1.4

   def acting judge ins A1993‑91 s 4

   om A2001‑54 amdt 1.2

   def additional judge am A1993‑91 sch 2

   om A2001‑54 amdt 1.2

   def Chief Justice om A2001‑54 amdt 1.2

   def enactment om A1993‑91 sch 2

   def Ordinance om A1993‑91 sch 2

   def resident judge ins A1993‑91 s 4

   om A2001‑54 amdt 1.2

   def the court om A1993‑91 sch 2

   def the Judicature Act om A1993‑91 sch 2

   def the Registrar om A1993‑91 sch 2

   def the Sheriff om A1993‑91 sch 2

   def the Supreme Court om A1993‑91 sch 2

   def the Territory or the Australian Capital Territory om A1993‑91 sch 2

   pres s 2 ins A2001‑54 amdt 1.5

   am A2002‑30 amdt 3.820

   Notes

   s 2Ains A2001‑54 amdt 1.5

   Establishment

   s 3orig s 3 am Cwlth Act 1973 No 216; Cwlth Act 1976 No 158 ; Cwlth Act 1981 No 61

   om Cwlth Act 1992 No 49

   (prev s 6) am Cwlth Act 1958 No 43; Ord1971‑13; Cwlth Act 1971 No 98; Cwlth Act 1976 No 158; Ord1982‑26

   renum Cwlth Act 1992 No 49

   am A1993‑91 s 5

   Resident judges

   s 4 hdgsub A2001‑54 amdt 1.6

   s 4orig s 4 om Cwlth Act 1973 No 216

   (prev s 7) sub Cwlth Act 1958 No 43

   am Cwlth Act 1968 No 156; Ord1971‑13; Cwlth Act 1971 No 98; Cwlth Act 1973 No 216; Cwlth Act 1976 No 158; Ord1982‑26; Cwlth Act 1992 No 49

   renum Cwlth Act 1992 No 49

   am A1993‑91 sch 2; A1994‑10 s 11 (1); A1997‑96 sch 1; A2001‑54 amdt 1.7, amdt 1.8

   Requirements of appointment—resident judges

   s 4AAins A2009‑37 s 7

   am A2025‑29 amdt 4.170

   Additional judges

   s 4Aorig s 4A renum as s 4B

   ins A2001‑54 amdt 1.9

   Acting judges

   s 4B hdgsub A2001‑54 amdt 1.10

   s 4B(prev s 4A) ins A1993‑91 s 6

   am A1997‑96 sch 1

   renum A2001‑54 amdt 1.10

   am A2001‑54 amdt 1.11; A2023-37 s 17

   Seniority of judges

   s 5(prev s 7AA) ins Cwlth Act 1988 No 109

   sub Cwlth Act 1992 No 49

   renum Cwlth Act 1992 No 49

   am A1993‑91 s 7; A2001‑54 s 4, s 5; R7 LA (see A2001‑54 s 6); A2015‑10 s 40, s 41; ss renum R45 LA; A2018‑39 s 12; ss renum R57 LA; A2023-37 s 18; ss renum R69 LA

   Acting Chief Justice

   s 6(prev s 7A) ins Cwlth Act 1976 No 158

   am Ord1982‑26

   renum Cwlth Act 1992 No 49

   am A2001‑54 amdt 1.12

   Arrangement of business of court

   s 7  (prev s 7B) ins Cwlth Act 1976 No 158

   am Ord1982‑26

   renum Cwlth Act 1992 No 49

   am A2001‑54 s 7; A2015‑10 s 42

   Exercise of jurisdiction

   s 8am Cwlth Act 1945 No 57; Cwlth Act 1956 No 47

   sub Cwlth Act 1958 No 43

   am Cwlth Act 1968 No 156; Ord1971‑13

   sub Cwlth Act 1971 No 98

   am Cwlth Act 1976 No 158

   sub Cwlth Act 1988 No 38

   mod Cwlth SR 1989 No 3 (as am Cwlth SR 1989 No 188) (exp 1 July 1992)

   am Cwlth Act 1992 No 49; A1993‑91 sch 2; A2001‑54 s 8; A2004‑60 amdt 1.634; A2006‑40 amdt 2.172;  A2015‑10 s 43; A2018‑9 s 113, s 114; A2023-37 s 19; pars renum R69 LA

   Exercise of jurisdiction by associate judge

   s 9(prev s 8AAA) ins Cwlth Act 1988 No 38

   renum Cwlth Act 1992 No 49

   am A1993‑91 sch 2; A2001‑54 s 9, s 10; A2001‑54 amdt 1.13; A2002‑30 amdt 3.821, amdt 3.822; A2004‑60 amdt 1.635, amdt 1.636; A2006‑40 amdts 2.173-2.175

   sub A2015‑10 s 44; A2018‑9 s 115

   am A2018‑46 amdt 1.5; A2019-31 s 25

   om A2023-37 s 20

   Exercise of jurisdiction by registrar

   s 10(prev s 8AAB) ins Cwlth Act 1988 No 38

   renum Cwlth Act 1992 No 49

   am A1993‑91 sch 2; A2001‑54 amdt 1.13; A2002‑30 amdts 3.823-3.826; A2004‑60 amdt 1.637, amdt 1.638; A2005‑60 amdt 1.132, amdt 1.133; A2006‑40 amdt 2.176, amdt 2.177

   Exercise of jurisdiction—legal practitioners

   s 11(prev s 8AA) ins Cwlth Act 1968 No 156

   am Ord1971‑13; Cwlth Act 1971 No 98; Cwlth Act 1976 No 158

   mod Cwlth SR 1989 No 3 (as am SR Ord1989‑52) (exp 1 July 1992)

   sub Cwlth Act 1990 No 115

   renum Cwlth Act 1992 No 49

   sub A1993‑91 s 8

   am A1993‑94 s 45; A1997‑96 sch 1; A2006‑25 amdt 2.20

   Exercise of jurisdiction under subsections 46 (4) and 48 (2) of the administrative appeals tribunal Act

   s 12 hdgam A1993‑91 note

   s 12(prev s 8AABA) mod Cwlth SR 1989 No 3 (as am Cwlth SR 1989 No 188) (exp 1 July 1992)

   ins Cwlth Act 1992 No 49

   renum Cwlth Act 1992 No 49

   am A1993‑91 sch 2; A1994‑60 sch 1

   om A2000‑1 sch

   Power of judge to order that jurisdiction in a matter be exercised by Full Court

   s 13 hdgam A1993‑91 note

   s 13orig s 13 am Cwlth Act 1968 No 156; Cwlth Act 1971 No 98

   om Cwlth Act 1976 No 158

   (prev s 8AB) ins Cwlth Act 1971 No 98

   am Cwlth Act 1976 No 158

   renum Cwlth Act 1992 No 49

   am A1993‑91 sch 2; A2002‑30 amdt 3.827; A2004‑60 amdt 1.639

   Full Court decisions—equal division of opinion

   s 14(prev s 8AC) ins Cwlth Act 1971 No 98

   am Cwlth Act 1976 No 158; Cwlth Act 1988 No 38

   mod Cwlth SR 1989 No 3 (as am Cwlth SR 1989 No 188) (exp 1 July 1992)

   am Cwlth Act 1992 No 49

   renum Cwlth Act 1992 No 49

   am A1993‑91 s 9, sch 2; A2001‑54 amdt 1.14; A2006‑40 amdt 2.187, amdt 2.179; A2015‑10 s 45

   sub A2023-37 s 21

   Exercise by court of powers of master

   s 15(prev s 8AD) ins Cwlth Act 1988 No 38

   renum Cwlth Act 1992 No 49

   am A1993‑91 sch 2; A2001‑54 amdt 1.15

   om A2006‑40 amdt 2.180

   Holding other judicial offices

   s 16(prev s 8A) ins Cwlth Act 1945 No 57

   sub Cwlth Act 1957 No 34; Cwlth Act 1958 No 43; Cwlth Act 1964 No 109

   am Cwlth Act 1973 No 216; Cwlth Act 1992 No 49

   renum Cwlth Act 1992 No 49

   am A1993‑91 s 10, sch 2

   Salaries and travelling expenses

   s 17(prev s 8B) ins Cwlth Act 1945 No 57

   am Cwlth Act 1947 No 52; Cwlth Act 1948 No 65; Cwlth Act 1950 No 51; Cwlth Act 1955 No 17; Cwlth Act 1958 No 43; Cwlth Act 1960 No 110; Cwlth Act 1965 No 92; Cwlth Act 1966 No 93; Cwlth Act 1969 No 40; Ord1971‑13

   sub Cwlth Act 1976 No 158

   am Ord1982‑26; Cwlth Act 1992 No 49

   renum Cwlth Act 1992 No 49

   am A1993‑91 s 11, sch 2; A1996‑26 sch pt 34; A1997‑41 sch 1

   om A1998‑72 s 4

   Principal seat of court and sittings

   s 18(prev s 9) am Cwlth Act 1992 No 49

   renum Cwlth Act 1992 No 49

   am A1993‑91 sch 2; A2004‑60 amdt 1.640

   Oath or affirmation of office—judges

   s 19(prev s 10) am Cwlth Act 1958 No 43; Cwlth Act 1976 No 158; Cwlth Act 1981 No 176 (as am by Ord1982‑80); Ord1982‑26; Cwlth Act 1992 No 49

   renum Cwlth Act 1992 No 49

   sub A1993‑91 s 12; A2001‑7 s 4

   am A2002‑30 amdts 3.828-3.830

   Jurisdiction and powers of Supreme Court

   s 20(prev s 11) sub Cwlth Act 1957 No 34

   am Cwlth Act 1976 No 158; Cwlth Act 1981 No 61; Cwlth Act 1988 No 109

   sub Cwlth Act 1992 No 49

   renum Cwlth Act 1992 No 49

   am A1993‑91 sch 2

   Distinction between court and chambers

   s 21(prev s 12) am Cwlth Act 1957 No 34; Cwlth Act 1968 No 156; Cwlth Act 1988 No 109

   renum Cwlth Act 1992 No 49

   sub A1993‑91 s 13

   om A2006‑40 amdt 2.180

   No trial by jury in civil proceedings

   s 22 hdgsub A1993‑59 note

   s 22(prev s 14) renum Cwlth Act 1992 No 49

   am A1993‑91 s 14, sch 2; A2001‑88 s 43 (3)

   sub A2002‑40 amdt 3.39

   Costs

   s 23(prev s 15) am Cwlth Act 1957 No 34; Cwlth Act 1988 No 109

   renum Cwlth Act 1992 No 49

   am A1993‑91 sch 2; A2004‑60 amdt 1.641; A2005‑60 amdts 1.134-1.136

   reloc to Court Procedures Act 2004, div 10.7 as s 134 by A2005‑60 amdt 1.137

   Service of writs out of the jurisdiction of the court

   s 24(prev s 16) am Cwlth Act 1950 No 80

   renum Cwlth Act 1992 No 49

   am A1993‑91 sch 2

   om A2004‑60 amdt 1.642

   Law and equity to be concurrently administered

   s 25(prev s 17) am Cwlth Act 1976 No 158

   renum Cwlth Act 1992 No 49

   am A1993‑91 sch 2; A2010‑13 amdt 1.30

   Equities of plaintiff

   s 26(prev s 18) renum Cwlth Act 1992 No 49

   sub A1993‑91 sch 2

   Equities of defendant

   s 27(prev s 19) renum Cwlth Act 1992 No 49

   sub A1993‑91 sch 2

   Counterclaims and third parties

   s 28(prev s 20) am Cwlth Act 1957 No 34; Cwlth Act 1988 No 109

   renum Cwlth Act 1992 No 49

   sub A1993‑91 sch 2

   om A2006‑40 amdt 2.180

   Incidental equities

   s 29orig s 29 om Cwlth Act 1959 No 51

   (prev s 21) renum Cwlth Act 1992 No 49

   sub A1993‑91 sch 2

   Defence or stay of proceeding instead of prohibition order or injunction

   s 30orig s 30 om Cwlth Act 1959 No 51

   (prev s 22) renum Cwlth Act 1992 No 49

   sub A1993‑91 sch 2

   am A2002‑30 amdt 3.831; A2004‑60 amdt 1.643; ss renum R18 LA (see A2004‑60 amdt 1.644)

   sub A2006‑40 amdt 2.181

   Common law and statute

   s 31orig s 31 om Cwlth Act 1959 No 51

   (prev s 23) am Cwlth Act 1973 No 216

   renum Cwlth Act 1992 No 49

   sub A1993‑91 sch 2

   Final determination of matters

   s 32orig s 32 om Cwlth Act 1959 No 51

   (prev s 24) renum Cwlth Act 1992 No 49

   sub A1993‑91 sch 2

   Law and equity

   s 33orig s 33 om Cwlth Act 1959 No 51

   (prev s 25) renum Cwlth Act 1992 No 49

   sub A1993‑91 sch 2

   Remuneration and allowances

   s 33Bins Cwlth Act 1988 No 38

   om Cwlth Act 1992 No 49

   Terms and conditions of appointment not provided by Act

   s 33Eins Cwlth Act 1988 No 38

   om Cwlth Act 1992 No 49

   Equitable damages

   s 34(prev s 26) renum Cwlth Act 1992 No 49

   sub A1993‑91 s 15

   am A2001‑54 amdt 1.16, amdt 1.17; A2002‑30 amdt 3.832

   om A2006‑40 amdt 2.182

   ins A2010‑13 amdt 1.31

   Receivers

   s 34Ains A1993‑91 s 15

   sub A2002‑30 amdt 3.833

   om A2006‑40 amdt 2.182

   Habeas corpus and prerogative orders

   s 34Bins A1993‑91 s 15

   am A2002‑30 amdt 3.834

   sub A2006‑40 amdt 2.183

   Rules of practice and procedure—judicial discretion

   s 35(prev s 27) sub Cwlth Act 1957 No 34

   am Cwlth Act 1988 No 109

   renum Cwlth Act 1992 No 49

   sub A1993‑91 s 15; A2002‑30 amdt 3.835

   om A2006‑40 amdt 2.184

   Rules of court

   s 36(prev s 28) am Cwlth Act 1950 No 80; Cwlth Act 1957 No 34; Cwlth Act 1968 No 156; Cwlth Act 1971 No 98; Cwlth Act 1973 No 216; Cwlth Act 1976 No 158; Ord1978‑3; Cwlth Act 1981 No 92; Ord1982‑26; Cwlth Act 1986 No 168; Cwlth Act 1988 No 99; Cwlth Act 1988 No 108

   mod Cwlth SR 1989 No 3 (as am SR Ord1989‑52) (exp 1 July 1992)

   am Cwlth Act 1992 No 49

   renum Cwlth Act 1992 No 49

   am A1993‑91 s 16, sch 2; A1997‑96 sch 1; A1999‑66 sch 3; A2001‑54 s 11, s 12; A2002‑30 amdt 3.836, amdt 3.837

   om A2009‑44 amdt 1.35

   Fees and charges—determination

   s 37(prev s 29) om Cwlth Act 1959 No 51

   ins Ord1978‑3

   renum Cwlth Act 1992 No 49

   sub A1994‑3 s 4

   am A1997‑96 sch 1; A1999‑66 sch 3; A2001‑44 amdts 1.3957‑1.3959

   om A2004‑60 amdt 1.645

   Fees and charges—payment

   s 37Ains A1994‑3 s 4

   am A2001‑44 amdt 1.3960; A2002‑30 amdt 3.838

   om A2004‑60 amdt 1.645

   Fees and charges—remission, refund, deferral, waiver and exemption

   s 37Bins A1994‑3 s 4

   am A1994‑45 sch; A1995‑46 sch; A1997‑58 sch 1; A1997‑83 s 34; A1999‑64 sch 2; A1999‑66 sch 3; A1999‑91 sch 2; A2002‑30 amdts 3.839-3.843

   om A2004‑60 amdt 1.645

   Fees and charges—recovery if otherwise not payable

   s 37Cins A1994‑3 s 4

   om A2004‑60 amdt 1.645

   Fees and charges—review of decisions

   s 37Dins A1994‑3 s 4

   am A1999‑66 sch 3

   om A2004‑60 amdt 1.645

   Court of Appeal

   pt 2A hdgorig pt 2A hdg renum as pt 2B hdg

   ins A2001‑54 s 13

   Appellate jurisdiction

   s 37Eorig s 37E renum as s 37T

   ins A2001‑54 s 13

   am A2001‑63 s 72, s 73 (s 72, s 73 om A2002‑49 amdt 3.52 before commencement); A2006‑40 amdts 2.185‑2.188; A2008‑42 s 21; A2015‑10 s 46, s 47; A2016‑36 s 4; A2023‑37 s 22; A2023-48 s 4

   Appointment of President

   s 37Forig s 37F renum as s 37U

   ins A2001‑54 s 13

   om A2015‑10 s 48

   Arrangement of business of Court of Appeal

   s 37Gorig s 37G renum as s 37V

   ins A2001‑54 s 13

   om A2015‑10 s 48

   Appeal bench

   s 37Horig s 37H renum as s 37W

   ins A2001‑54 s 13

   am A2006‑40 amdt 2.189, amdt 2.190; A2015‑10 s 49

   Presiding judge

   s 37Iorig s 37I renum as s 37X

   ins A2001‑54 s 13

   Appeal court constituted by single judge

   s 37Jins A2001‑54 s 13

   am A2005‑43 amdt 1.35, amdt 1.36; A2006‑40 amdt 2.190, amdt 2.191

   Decision-making

   s 37Kins A2001‑54 s 13

   Appeal judge unable to continue sitting

   s 37Lins A2001‑54 s 13

   Reserved judgments

   s 37Mins A2001‑54 s 13

   Evidence on appeal

   s 37Nins A2001‑54 s 13

   am A2003‑48 amdt 2.19, amdt 2.20; A2015‑40 amdt 1.19

   Orders on appeal

   s 37O hdgsub A2006‑40 amdt 2.192

   s 37Oins A2001‑54 s 13

   am A2002‑40 amdt 3.40; pars renum R13 LA (see A2002‑40 amdt 3.41); A2006‑40 amdts 2.193-2.201; A2008‑42 s 22; ss renum R29 LA

   New trials

   s 37Pins A2001‑54 s 13

   Bail time on appeal does not count towards sentence

   s 37Q hdgsub A2006‑23 amdt 1.290

   s 37Qins A2001‑54 s 13

   Reference appeal in relation to proceeding

   s 37S hdgsub A2008‑42 s 23

   s 37Sins A2001‑54 s 13

   am A2008‑42 ss 24-28; A2011‑30 amdt 1.12

   Drug and alcohol treatment order jurisdiction

   pt 2AA hdgins A2019-31 s 26

   Definitions—pt 2AA

   s 37SAins A2019-31 s 26

   def drug and alcohol treatment order ins A2019-31 s 26

   def member ins A2019-31 s 26

   def treatment and supervision team ins A2019-31 s 26

   def treatment order judge ins A2019-31 s 26

   def treatment order team ins A2019-31 s 26

   Drug and alcohol treatment order jurisdiction

   s 37SBins A2019-31 s 26

   Court not bound by rules of evidence

   s 37SCins A2019-31 s 26

   Treatment order judge may convene case conference

   s 37SDins A2019-31 s 26

   Remuneration, allowances and other entitlements of judges

   pt 2B hdg(prev pt 2A hdg) ins A1998‑72 s 5

   renum A2001‑54 amdt 1.18

   sub A2002‑30 amdt 3.844

   Meaning of entitlements

   s 37T(prev s 37E) ins A1998‑72 s 5

   renum A2001‑54 amdt 1.23

   Resident judges

   s 37U(prev s 37F) ins A1998‑72 s 5

   am A2001‑54 amdts 1.19-1.21

   renum A2001‑54 amdt 1.23

   am A2002‑30 amdt 3.845; A2004‑2 amdts 1.50-1.53; A2005‑43 amdts 1.37-1.40

   sub A2006‑43 s 4

   am A2008‑37 amdt 1.448; A2015‑52 s 45, s 46; A2025‑29 amdt 3.317, amdt 4.170

   Indemnity for superannuation surcharge levy

   s 37UAins A2006‑43 s 4

   Salary of former President

   s 37UBins A2006‑43 s 4

   om A2015‑10 s 50

   Acting judge—conditions of appointment

   s 37V(prev s 37G) ins A1998‑72 s 5

   am A2001‑54 amdt 1.22

   renum A2001‑54 amdt 1.23

   sub A2005‑43 amdt 1.41; A2021‑13 s 42

   Dual appointments

   s 37W(prev s 37H) ins A1998‑72 s 5

   renum A2001‑54 amdt 1.23

   Accrual and appropriation

   s 37X(prev s 37I) ins A1998‑72 s 5

   renum A2001‑54 amdt 1.23

   The master

   pt 3 hdgprev pt 3 hdg om Cwlth Act 1959 No 51

   ins Cwlth Act 1988 No 38

   om A2023-37 s 23

   The master

   s 38(prev s 30) om Cwlth Act 1959 No 51

   ins Cwlth Act 1988 No 38

   renum (Cwlth) Cwlth Act 1992 No 49

   om A2023-37 s 23

   Functions of master

   s 39(prev s 31) om Cwlth Act 1959 No 51

   ins Cwlth Act 1988 No 38

   am Cwlth Act 1988 No 109

   renum Cwlth Act 1992 No 49

   am A1993‑91 sch 2

   sub A2002‑30 amdt 3.846

   om A2023-37 s 23

   Appointment of master

   s 40(prev s 32) om Cwlth Act 1959 No 51

   ins Cwlth Act 1988 No 38

   am Cwlth Act 1992 No 49

   renum Cwlth Act 1992 No 49

   am A1993‑91 s 17; A1997‑96 sch 1; A2002‑30 amdt 3.847, amdt 3.848

   om A2023-37 s 23

   Requirements of appointment—master

   s 40Ains A2009‑37 s 8

   om A2023-37 s 23

   Term of appointment of master

   s 41(prev s 33) om Cwlth Act 1959 No 51

   ins Cwlth Act 1988 No 38

   renum Cwlth Act 1992 No 49

   am A1993‑91 s 18

   sub A2002‑30 amdt 3.849; A2018‑39 s 13

   om A2023-37 s 23

   Extension of master’s term of appointment

   s 41Ains A1993‑91 s 19

   sub A2002‑30 amdt 3.850

   om A2018‑39 s 14

   Master—conditions of appointment

   s 41Bins A1993‑91 s 19

   sub A2002‑30 amdt 3.851; A2021‑13 s 43

   om A2023-37 s 23

   Holding other offices

   s 41Cins A1993‑91 s 19

   om A2023-37 s 23

   Oath or affirmation of office—master

   s 42(prev s 33A) ins Cwlth Act 1988 No 38

   renum Cwlth Act 1992 No 49

   sub A1993‑91 s 19; A2001‑7 s 5

   am A2002‑30 amdts 3.852-3.854

   om A2023-37 s 23

   Resignation

   s 43(prev s 33C) ins Cwlth Act 1988 No 38

   am Cwlth Act 1992 No 49

   renum Cwlth Act 1992 No 49

   om A2023-37 s 23

   Retirement

   s 44(prev s 33D) ins Cwlth Act 1988 No 38

   renum Cwlth Act 1992 No 49

   sub A1994‑10 s 11 (2); A2009‑19 s 68

   om A2023-37 s 23

   Master to be known as associate judge

   s 45(prev s 33F) ins Cwlth Act 1988 No 38

   am Cwlth Act 1992 No 49

   renum Cwlth Act 1992 No 49

   am A1994‑10 s 11 (3); A2001‑44 amdt 1.3961, amdt 1.3962

   om A2002‑30 amdt 3.855

   ins A2015‑10 s 51

   om A2023-37 s 23

   Appointments

   s 46(prev s 34) am Cwlth Act 1957 No 34

   sub Cwlth Act 1964 No 109

   am Cwlth Act 1971 No 98; Cwlth Act 1988 No 109

   renum Cwlth Act 1992 No 49

   am A1993‑91 s 20, sch 2; A2002‑30 amdt 3.856

   sub A2016‑37 amdt 1.40

   Acting appointments

   s 46Ains A1993‑91 s 21

   om A2002‑30 amdt 3.857

   Staff assisting registrar

   s 46Bins A1994‑38 sch 1 pt 75

   om A2016‑52 amdt 1.157

   Functions of registrar and deputy registrars

   s 47(prev s 35) sub Cwlth Act 1957 No 34

   am Cwlth Act 1968 No 156; Cwlth Act 1983 No 91; Cwlth Act 1988 No 38;Cwlth Act 1988 No 109

   renum Cwlth Act 1992 No 49

   sub A1993‑91 sch 2; A2002‑30 amdt 3.858

   am A2004‑60 amdt 1.646; A2025‑29 amdt 3.318

   Oath or affirmation of office—registrar

   s 48(prev s 35AA) ins Cwlth Act 1992 No 49

   renum Cwlth Act 1992 No 49

   sub A1993‑91 sch 2; A2001‑7 s 6

   am A2002‑30 amdts 3.859-3.861

   Proceedings before registrar in relation to winding-up of companies

   s 49(prev s 35A) ins Cwlth Act 1968 No 156

   am Cwlth Act 1988 No 38; Cwlth Act 1991 No 136

   renum Cwlth Act 1992 No 49

   am A1993‑91 sch 2; A2002‑30 amdts 3.862-3.864

   om A2006‑40 amdt 2.202

   Access to details of address

   s 49Ains A2003‑2 s 78

   am A2007‑8 amdt 1.20

   om A2010‑21 amdt 1.24

   Functions of sheriff

   s 50(prev s 36) renum Cwlth Act 1992 No 49

   sub A1993‑91 sch 2

   am A2025‑29 amdt 3.318

   Appeals

   pt 6 hdgom Cwlth Act 1976 No 158

   Deputy sheriffs

   s 51orig s 51 am Cwlth Act 1955 No 36; Cwlth Act 1957 No 34; Cwlth Act 1966 No 93; Cwlth Act 1968 No 156

   om Cwlth Act 1976 No 158

   (prev s 37) renum Cwlth Act 1992 No 49

   sub A1993‑91 sch 2; A2002‑30 amdt 3.865

   am A2004‑60 amdt 1.646; A2025‑29 amdt 3.318

   Process of court if sheriff or deputy sheriff is interested party

   s 52orig s 52 sub Cwlth Act 1964 No 109

   om Cwlth Act 1976 No 158

   (prev s 37A) ins Cwlth Act 1964 No 109

   am Cwlth Act 1988 No 109

   renum Cwlth Act 1992 No 49

   sub A1993‑91 sch 2

   am A2002‑30 amdt 3.866

   Sheriff’s assistants

   s 53(prev 37B) ins Cwlth Act 1992 No 49

   renum Cwlth Act 1992 No 49

   am A1993‑91 s 22, sch 2

   sub A2002‑30 amdt 3.867

   Entry, search and seizure—sheriff’s powers

   s 53Ains A1998‑6 s 4

   am A2001‑54 amdt 1.24; A2002‑30 amdt 3.868

   om A2006‑40 amdt 2.202

   How evidence is to be given

   s 54 hdgsub A2002‑30 amdt 3.869

   s 54(prev s 38) sub Cwlth Act 1971 No 98

   am Cwlth Act 1988 No 109

   renum Cwlth Act 1992 No 49

   am A1993‑91 sch 2; A2002‑30 amdt 3.870

   sub A2004‑60 amdt 1.647

   om A2006‑40 amdt 2.202

   Evidence by affidavit

   s 55(prev s 39) am Cwlth Act 1957 No 34

   sub Cwlth Act 1971 No 98

   renum Cwlth Act 1992 No 49

   am A1993‑91 sch 2; A1997‑96 sch 1; A2002‑30 amdt 3.871

   om A2006‑40 amdt 2.202

   Hearing of bail applications

   s 55Ains A1999‑22 s 38

   am A2000‑17 sch 1; A2001‑54 amdt 1.25; A2002‑30 amdt 3.872; A2003‑48 amdt 2.21

   Appearance by legal practitioner

   s 56(prev s 40) sub Ord1966‑8

   renum Cwlth Act 1992 No 49

   am A1993‑91 sch 2; A1997‑96 sch 1

   om A2006‑40 amdt 2.202

   Orders and commissions for examination of witnesses

   s 57(prev s 41) renum Cwlth Act 1992 No 49

   am A1993‑91 sch 2; A2002‑30 amdt 3.873, amdt 3.874

   om A2006‑40 amdt 2.202

   Non-appearance or absence of some defendants

   s 58(prev s 42) renum Cwlth Act 1992 No 49

   am A1993‑91 sch 2; A2002‑30 amdt 3.875, amdt 3.876; A2004‑60 amdt 1.648

   reloc to Court Procedures Act 2004 s 66 A2006‑40 amdt 2.203

   Supreme Court trials—evidence of dead or absent persons

   s 58Areloc from Evidence Act 1971 s 73 by A1999‑66 sch 3

   am A2002‑30 amdt 3.877; A2004‑60 amdt 1.649; A2005‑20 amdt 3.404; A2008‑44 amdt 1.94, amdt 1.95

   Amendment of defects

   s 59(prev s 43) renum Cwlth Act 1992 No 49

   sub A1993‑91 sch 2; A2002‑30 amdt 3.878

   reloc to Court Procedures Act 2004 s 67 A2006‑40 amdt 2.204

   Formal defects to be amended

   s 60orig s 60 om Cwlth Act 1973 No 216

   (prev s 44) renum Cwlth Act 1992 No 49

   am A1993‑91 sch 2

   reloc to Court Procedures Act 2004 s 68 A2006‑40 amdt 2.204

   Power to complete part-heard proceedings

   s 60Ains A1993‑91 s 23

   am A2001‑54 s 14; A2002‑30 amdt 3.879; A2006‑40 amdt 2.205; A2015‑10 s 52

   sub A2021‑13 s 44

   am A2023-37 s 24

   Reserved judgments

   s 61(prev s 44A) ins Cwlth Act 1981 No 176

   renum Cwlth Act 1992 No 49

   am A1993‑91 sch 2

   sub A2001‑54 amdt 1.26

   Matter heard in one place may be further dealt with at another place

   s 62(prev s 45) renum Cwlth Act 1992 No 49

   om A1993‑91 sch 2

   Change of venue

   s 63(prev s 46) renum Cwlth Act 1992 No 49

   sub A1993‑91 sch 2

   Seals

   s 64(prev s 47) am Cwlth Act 1971 No 98; Cwlth Act 1976 No 158; Ord1982‑26

   renum Cwlth Act 1992 No 49

   am A1993‑91 sch 2

   sub A2005‑60 amdt 1.138

   Use of seals

   s 65(prev s 48) renum Cwlth Act 1992 No 49

   sub A1993‑91 sch 2

   am A2004‑60 amdt 1.650

   reloc to Supreme Court Rules o 1 r 5 by A2004‑60 amdt 1.651

   Date of process

   s 66(prev s 49) renum Cwlth Act 1992 No 49

   am A1993‑91 sch 2; A2005‑60 amdt 1.139, amdt 1.140

   reloc to Court Procedures Act 2004, div 10.7 as s 135 by A2005‑60 amdt 1.141

   Oaths and affirmations

   s 67(prev s 50) am Cwlth Act 1957 No 34; Cwlth Act 1992 No 49

   renum Cwlth Act 1992 No 49

   sub A1993‑91 s 24

   om A2004‑60 amdt 1.652

   Vexatious litigants

   s 67Ains A1998‑72 s 6

   am A2001‑44 amdt 1.3963; A2002‑30 amdt 3.880, amdt 3.881; A2023-57 s 46, s 47; ss renum R70 LA

   Trial on indictment

   pt 7 hdgsub A1993‑59 s 5

   Prosecution of indictable offences

   s 68 hdgsub A1993‑59 note

   s 68(prev s 53) sub Cwlth Act 1957 No 34

   am Cwlth Act 1981 No 176; Cwlth Act 1983 No 114

   mod Cwlth SR 1989 No 3 (as am SR Ord1989‑52) (exp 1 July 1992)

   am Cwlth Act 1992 No 49

   renum Cwlth Act 1992 No 49

   am A1993‑91 sch 2; A2001‑44 amdt 1.3964

   Trial by jury in criminal proceedings

   s 68Ains A1993‑59 s 6

   Trial by judge alone in certain criminal proceedings

   s 68Bins A1993‑59 s 6

   am A1997‑96 sch 1

   sub A2011‑20 s 10

   am A2012‑29 amdt 1.5; A2020‑11 amdts 1.65-1.67; A2021‑1 amdt 1.26, amdt 1.27

   (3A), (4), def COVID-19 emergency period, (5) exp 30 June 2021 (s 68B (5))

   Trial by judge alone in criminal proceedings—COVID-19 emergency period

   s 68BAins A2020‑11 amdt 1.68

   om A2020‑27 s 36

   Verdict of judge in criminal proceedings

   s 68Cins A1993‑59 s 6

   am A2010‑40 amdt 3.2; A2011‑48 amdt 1.53

   Back-up and related offences

   pt 8 hdgins A1993‑59 s 6

   am A2014‑1 s 30

   Definitions––pt 8

   68CAins A2014‑1 s 31

   def back-up offence ins A2014‑1 s 31

   def related offence ins A2014‑1 s 31

   Back-up and related offences

   s 68Dins A1993‑59 s 6

   am A2001‑54 amdt 1.27

   sub A2014‑1 s 32

   am A2018‑40 s 20; pars renum R55 LA

   Procedure

   s 68Eins A1993‑59 s 6

   am A2014‑1 s 33

   Remission of back-up and related offences to Magistrates Court

   s 68Fins A1993‑59 s 6

   sub A2014‑1 s 34

   Alternative verdict—summary offence

   s 68Gins A2009‑24 amdt 1.42

   Acquittals

   pt 8AA hdgins A2016‑36 s 5

   Application—pt 8AA

   div 8AA.1 hdg       ins A2016‑36 s 5

   Application—pt 8AA

   s 68Hins A2016‑36 s 5

   Important concepts

   div 8AA.2 hdg       ins A2016‑36 s 5

   Definitions—pt 8AA

   s 68Iins A2016‑36 s 5

   def acquittal ins A2016‑36 s 5

   def administration of justice offence ins A2016‑36 s 5

   def another jurisdiction ins A2016‑36 s 5

   def category A offence ins A2016‑36 s 5

   def category B offence ins A2016‑36 s 5

   def compelling ins A2016‑36 s 5

   def court ins A2016‑36 s 5

   def fresh ins A2016‑36 s 5

   def tainted ins A2016‑36 s 5

   Meaning of acquittal—pt 8AA

   s 68Jins A2016‑36 s 5

   Meaning of fresh and compelling evidence—pt 8AA

   s 68Kins A2016‑36 s 5

   Meaning of tainted acquittal—pt 8AA

   s 68Lins A2016‑36 s 5

   Retrial etc of acquitted person

   div 8AA.3 hdg       ins A2016‑36 s 5

   Court may order retrial—category A offence

   s 68Mins A2016‑36 s 5

   Court may order retrial—category B offence

   s 68Nins A2016‑36 s 5

   am A2016‑53 s 11

   Court may order trial—administration of justice offence

   s 68Oins A2016‑36 s 5

   am A2016‑53 s 12

   Interests of justice

   s 68Pins A2016‑36 s 5

   Procedure

   div 8AA.4 hdg       ins A2016‑36 s 5

   Applications under pt 8AA

   subdiv 8AA.4.1 hdg ins A2016‑36 s 5

   Conditions for retrial application

   s 68Qins A2016‑36 s 5

   Limitations on retrial application

   s 68Rins A2016‑36 s 5

   Conditions for justice offence trial application

   s 68Sins A2016‑36 s 5

   Presentation of indictment

   subdiv 8AA.4.2 hdg ins A2016‑36 s 5

   Limitations on indictment

   s 68Tins A2016‑36 s 5

   Indictment for retrial of category A or category B offences

   s 68Uins A2016‑36 s 5

   Indictment for trial of justice offence

   s 68Vins A2016‑36 s 5

   Conduct of proceeding for retrial etc

   div 8AA.5 hdg       ins A2016‑36 s 5

   Prosecution must not refer to certain matters before jury

   s 68Wins A2016‑36 s 5

   Miscellaneous

   div 8AA.6 hdg       ins A2016‑36 s 5

   Entitlement to bail

   s 68Xins A2016‑36 s 5

   Single course of action for each proceeding

   s 68Yins A2016‑36 s 5

   Restrictions on publication

   s 68Zins A2016‑36 s 5

   Maximum penalty for retrial offence

   s 68ZAins A2016‑36 s 5

   Indemnification for costs

   s 68ZBins A2016‑36 s 5

   Appeals against conviction for fresh and compelling evidence

   pt 8AB hdgins A2023-48 s 5

   Application—pt 8AB

   div 8AB.1 hdg ins A2023-48 s 5

   Application—pt 8AB

   s 68ZCins A2023-48 s 5

   Important concepts

   div 8AB.2 hdg ins A2023-48 s 5

   Definitions—pt 8AB

   s 68ZDins A2023-48 s 5

   def compelling ins A2023-48 s 5

   def convicted person ins A2023-48 s 5

   def court ins A2023-48 s 5

   def fresh ins A2023-48 s 5

   Meaning of fresh and compelling evidence—pt 8AB

   s 68ZEins A2023-48 s 5

   Application of pt 2A

   div 8AB.3 hdg ins A2023-48 s 5

   Certain provisions of pt 2A taken to apply

   s 68ZFins A2023-48 s 5

   Appeal against conviction

   div 8AB.4 hdg ins A2023-48 s 5

   Court may grant leave to appeal conviction

   s 68ZGins A2023-48 s 5

   Orders on appeal against conviction

   s 68ZHins A2023-48 s 5

   Interest up to judgment

   s 69(prev s 53A) ins Cwlth Act 1981 No 176

   renum Cwlth Act 1992 No 49

   am A1993‑91 sch 2; A2002‑30 amdts 3.882-3.884

   reloc to Supreme Court Rules o 42A r 1 by A2004‑60 amdt 1.653

   Judicial officers exchange

   pt 8A hdgins A2010‑13 amdt 1.32

   Definitions—pt 8A

   s 69Ains A2010‑13 amdt 1.32

   def ACT court ins A2010‑13 amdt 1.32

   am A2011‑20 s 11

   def corresponding court ins A2010‑13 amdt 1.32

   am A2011‑20 s 11

   def court ins A2010‑13 amdt 1.32

   def judicial exchange arrangement ins A2010‑13 amdt 1.32

   def judicial officer ins A2010‑13 amdt 1.32

   def participating jurisdiction ins A2010‑13 amdt 1.32

   def this jurisdiction ins A2010‑13 amdt 1.32

   Establishment of judicial exchange arrangements

   s 69Bins A2010‑13 amdt 1.32

   Transfer of judicial officer of another jurisdiction to ACT court

   s 69Cins A2010‑13 amdt 1.32

   Service in ACT court of judicial officer of another jurisdiction

   s 69Dins A2010‑13 amdt 1.32

   Service of ACT judicial officer in corresponding court

   s 69Eins A2010‑13 amdt 1.32

   Judicial office not affected by appointment to another judicial office

   s 69Fins A2010‑13 amdt 1.32

   Other arrangements not affected

   s 69Gins A2010‑13 amdt 1.32

   Amendment of sch 3

   s 69Hins A2010‑13 amdt 1.32

   sub A2011‑20 s 12

   Miscellaneous

   pt 9 hdgins A1993‑59 s 6

   Interest on judgments

   s 70(prev s 54) am Cwlth Act 1966 No 93

   sub Cwlth Act 1976 No 158

   renum Cwlth Act 1992 No 49

   om A2004‑60 amdt 1.654

   Failure to attend Supreme Court as required

   s 70Areloc from Evidence Act 1971 s 97 by A1999‑66 sch 3

   am A2006‑23 amdt 1.291

   Security of the peace and for good behaviour

   s 71(prev s 55) am Cwlth Act 1971 No 98; Cwlth Act 1973 No 216; Cwlth Act 1992 No 49

   renum Cwlth Act 1992 No 49

   am A1993‑91 sch 2

   Powers of judge

   s 72(prev s 56) renum Cwlth Act 1992 No 49

   om A1993‑91 sch 2

   Duty of receiver and manager

   s 73(prev s 57) renum Cwlth Act 1992 No 49

   am A1993‑91 sch 2

   om A2006‑40 amdt 2.206

   Liability and protection of receivers and managers

   s 74(prev s 58) renum Cwlth Act 1992 No 49

   am A1993‑91 sch 2

   om A2006‑40 amdt 2.206

   Certified copies of transcript of Supreme Court proceedings

   s 74Areloc from Evidence Act 1971 s 91 with amdts by A1999‑66 sch 3

   am R11 LA (see A2002‑30 amdt 3.885)

   Approved forms

   s 75orig s 75 renum as s 76 A2001‑44 amdt 1.3965

   ins A2001‑44 amdt 1.3965

   (4)-(7) exp 12 September 2002 (s 75 (7))

   am A2002‑30 amdt 3.886

   om A2004‑60 amdt 1.655

   Regulation-making power

   s 76(prev s 59) om Cwlth Act 1964 No 109

   renum as s 75 Cwlth Act 1992 No 49

   sub A1993‑91 s 25

   sub as s 76 A2001‑44 amdt 1.3965

   am A2025‑29 amdt 4.170

   Transitional—Crimes Legislation Amendment Act 2008

   pt 10 hdgins A2008‑44 amdt 1.96

   exp 30 May 2010 (s 102)

   Application of amendments

   s 100ins A2008‑44 amdt 1.96

   exp 30 May 2010 (s 102)

   Transitional regulations

   s 101ins A2008‑44 amdt 1.96

   exp 30 May 2010 (s 102)

   Expiry—pt 10

   s 102ins A2008‑44 amdt 1.96

   exp 30 May 2010 (s 102)

   Transitional—Courts Legislation Amendment Act 2015

   pt 11 hdgins A2015‑10 s 53

   exp 21 April 2017 (s 112)

   Meaning of commencement day—pt 11

   s 110ins A2015‑10 s 53

   exp 21 April 2017 (s 112)

   Transitional regulations

   s 111ins A2015‑10 s 53

   exp 21 April 2017 (s 112)

   Expiry—pt 11

   s 112ins A2015‑10 s 53

   exp 21 April 2017 (s 112)

   Transitional—COVID-19 Emergency Response Legislation Amendment Act 2020 (No 2)

   pt 12 hdgins A2020‑27 s 37

   exp 9 July 2022 (s 118)

   Definitions—pt 12

   s 115ins A2020‑27 s 37

   exp 9 July 2022 (s 118)

   Trial by judge alone under repealed law—order proposed

   s 116ins A2020‑27 s 37

   exp 9 July 2022 (s 118)

   Trial by judge alone under repealed law—order made

   s 117ins A2020‑27 s 37

   exp 9 July 2022 (s 118)

   Expiry—pt 12

   s 118ins A2020‑27 s 37

   exp 9 July 2022 (s 118)

   Transitional—Courts Legislation Amendment Act 2023

   pt 13 hdgins A2023-37 s 25

   exp 30 September 2027 (s 123)

   Meaning of associate judge—pt 13

   s 119ins A2023-37 s 25

   exp 30 September 2027 (s 123)

   Equally divided opinion relating to order of associate judge

   s 120ins A2023-37 s 25

   exp 30 September 2027 (s 123)

   Appeals against interlocutory orders of associate judge

   s 121ins A2023-37 s 25

   exp 30 September 2027 (s 123)

   Power to complete part-heard proceedings of associate judge

   s 122ins A2023-37 s 25

   exp 30 September 2027 (s 123)

   Expiry—pt 13

   s 123ins A2023-37 s 25

   exp 30 September 2027 (s 123)

   The schedules

   hdg to schsom Ord1985‑65

   Rules relating to service out of the jurisdiction

   first schedule        om Cwlth Act 1950 No 80

   Oaths and affirmations of office

   sch 1(prev sch) ins A1993‑91 s 26, sch 1

   sub A2001‑7 s 7

   sch 1 hdg(prev sch hdg) renum R7 LA

   Chief justice and judges

   sch 1 pt 1.1 hdg     (prev sch 1 pt 1 hdg) renum R7 LA

   sub A2023-37 s 26

   sch 1 pt 1.1am R68 LA; A2023-37 s 27

   Chief justice and judges

   sch 1 pt 1.2 hdg     (prev sch 1 pt 2 hdg) renum R7 LA

   sub A2023-37 s 28

   sch 1 pt 1.2am A2023-37 s 29

   Registrar

   sch 1 pt 1.3 hdg     (prev sch 1 pt 3 hdg) renum R7 LA

   sch 1 pt 1.3am R68 LA

   Registrar

   pt 1.4 hdg(prev sch 1 pt 4 hdg) renum R7 LA

   Form of certificate of judgment

   second schedule     om Cwlth Act 1959 No 51

   Trial by judge alone—excluded offences

   sch 2orig sch 2

   renum as sch 3

   pres sch 2

   ins A2011‑20 s 13

   sch 2 s 2.1def Prostitution Act om A2018‑25 amdt 1.5

   def Sex Work Act ins A2018‑25 amdt 1.6

   def Work Safety Act ins A2021‑19 amdt 1.11

   sch 2 pt 2.2am A2013‑12 s 45, s 46; items renum R43 LA; A2015‑35 amdt 1.24; A2018‑25 amdt 1.7; A2020‑31 amdt 1.3; A2021‑19 amdt 1.12, amdt 1.13; items renum R65 LA; A2022‑13 amdt 1.5

   ACT and corresponding courts

   sch 3(prev sch 2) ins A2010‑13 amdt 1.33

   renum as sch 3 A2011‑20 s 14

   Dictionary

   dictins A2001‑54 amdt 1.28

   am A2002‑30 amdt 3.887; A2008‑37 amdt 1.449; A2008‑42 s 29; A2016‑36 s 6; A2016‑52 amdt 1.158; A2023-48 s 6; R72 LA

   def acquittal ins A2016‑36 s 7

   def acting judge ins A2001‑54 amdt 1.28

   def additional judge ins A2001‑54 amdt 1.28

   def administration of justice offence ins A2016‑36 s 7

   def another jurisdiction ins A2016‑36 s 7

   def associate judge ins A2015‑10 s 54

   om A2023-37 s 30

   def back-up offence ins A2014‑1 s 35

   def category A offence ins A2016‑36 s 7

   def category B offence ins A2016‑36 s 7

   def clause reloc from s 2 A2001‑54 amdt 1.3

   def Chief Justice ins A2001‑54 amdt 1.28

   def compelling ins A2016‑36 s 7

   sub A2023-48 s 7

   def convicted person ins A2023-48 s 8

   def court ins A1993‑91 sch 2

   reloc from s 2 A2001‑54 amdt 1.3

   sub A2016‑36 s 8

   am A2023-48 s 9

   def Court of Appeal ins A2001‑54 amdt 1.28

   def criminal proceedings ins A1993‑59 s 4

   reloc from s 2 A2001‑54 amdt 1.3

   def defendant reloc from s 2 A2001‑54 amdt 1.3

   def deputy registrar am A1993‑91 sch 2

   reloc from s 2 A2001‑54 amdt 1.3

   def deputy sheriff reloc from s 2 A2001‑54 amdt 1.3

   def drug and alcohol treatment order ins A2019-31 s 27

   def entitlements ins A2001‑54 amdt 1.28

   sub A2002‑30 amdt 3.888

   def fresh ins A2016‑36 s 9

   sub A2023-48 s 10

   def Full Court ins A1993‑91 sch 2

   reloc from s 2 A2001‑54 amdt 1.3

   def judge (prev judge or judge of the Supreme Court) sub A1993‑91 s 4

   reloc from s 2 A2001‑54 amdt 1.3

   def judgment reloc from s 2 A2001‑54 amdt 1.3

   sub A2006‑40 amdt 2.207

   def Judicature Act ins A1993‑91 sch 2

   reloc from s 2 A2001‑54 amdt 1.3

   def master am A1993‑91 sch 2

   reloc from s 2 A2001‑54 amdt 1.3

   om A2023-37 s 30

   def matter reloc from s 2 A2001‑54 amdt 1.3

   def member ins A2019-31 s 27

   def order ins A2006‑40 amdt 2.208

   def plaintiff reloc from s 2 A2001‑54 amdt 1.3

   def pre-Judicature Act proceedings ins A1993‑91 sch 2

   reloc from s 2 A2001‑54 amdt 1.3

   def President ins A2001‑54 amdt 1.28

   om A2015‑10 s 55

   def president am A1993‑91 sch 2; A1994‑60 sch 1

   reloc from s 2 A2001‑54 amdt 1.3

   om A2002‑30 amdt 3.889

   def process of the court ins A1993‑91 sch 2

   reloc from s 2 A2001‑54 amdt 1.3

   def registrar ins A1993‑91 sch 2

   reloc from s 2 A2001‑54 amdt 1.3

   def related offence ins A2014‑1 s 35

   def related summary offence ins A1993‑59 s 4

   reloc from s 2 A2001‑54 amdt 1.3

   om A2014‑1 s 36

   def resident judge ins A2001‑54 amdt 1.28

   def rules ins A2004‑60 amdt 1.656

   sub A2009‑44 amdt 1.36

   def sheriff ins A1993‑91 sch 2

   reloc from s 2 A2001‑54 amdt 1.3

   def suit reloc from s 2 A2001‑54 amdt 1.3

   def tainted ins A2016‑36 s 9

   def treatment and supervision team ins A2019-31 s 27

   def treatment order ins A2019-31 s 27

   def treatment order judge ins A2019-31 s 27

   def treatment order team ins A2019-31 s 27

1. 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.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 (RI) 10 Feb 2017	1 July 1992– 11 Mar 1993	Cwlth Act 1992 No 49	initial republication since self‑government Reissued electronic republication of printed version
R1A 10 Feb 2017	12 Mar 1993– 5 Sept 1993	SL1993-10	amendments by SL1990-1 as amended by SL1993-10
R1B 10 Feb 2017	6 Sept 1993– 16 Dec 1993	A1993-59	amendments by A1993-59
R1C 10 Feb 2017	17 Dec 1993– 23 Dec 1993	A1993-91	amendments by A1993-91
R2 (RI) 10 Feb 2017	24 Dec 1993– 13 Mar 1994	A1993-94	amendments by A1993-94 Reissued electronic republication of printed version
R2A 10 Feb 2017	14 Mar 1994– 30 June 1994	A1994-10	amendments by A1994-3 and A1994-10
R2B 10 Feb 2017	1 July 1994– 13 Nov 1994	A1994-38	amendments by A1994-38
R3 (RI) 10 Feb 2017	6 Feb 1995– 17 Dec 1995	A1994-60	amendments by A1994-45 and A1994-60 Reissued electronic republication of printed version
R3A 10 Feb 2017	18 Dec 1995– 30 June 1996	A1995-46	amendments by A1995-46
R4 (RI) 10 Feb 2017	30 Nov 1996– 22 Sept 1997	A1996-26	amendments by A1996-26 Reissued electronic republication of printed version
R4A 10 Feb 2017	23 Sept 1997– 8 Oct 1997	A1997-41	amendments by A1997-41
R4B 10 Feb 2017	9 Oct 1997– 24 Nov 1997	A1997-58	amendments by A1997-58
R4C 10 Feb 2017	25 Nov 1997– 24 May 1998	A1997-83	amendments by A1997-83
R5 (RI) 10 Feb 2017	31 Mar 1999– 31 Aug 1999	A1998-72	amendments by A1997-96, A1998-6 and A1998-72 Reissued electronic republication of printed version
R5A 10 Feb 2017	1 Sept 1999– 9 Nov 1999	A1999-22	amendments by A1999-22
R5B 10 Feb 2017	24 Dec 1999– 8 Mar 2000	A1999-91	amendments by A1999-66 and A1999-91
R5C 10 Feb 2017	10 May 2000– 31 May 2000	A2000-1	amendments by A1999-64 and A2000-1
R6 (RI) 10 Feb 2017	1 June 2000– 7 Mar 2001	A2000-17	amendments by A2000-17 Reissued electronic republication of printed version
R6A 10 Feb 2017	8 Mar 2001– 10 Sept 2001	A2001-7	amendments by A2001-7
R7 12 Oct 2001	12 Sept 2001– 30 Sept 2001	A2001-88	amendments by A2001-44 and A2001-54
R8* 30 Apr 2002	1 Oct 2001– 30 June 2002	A2001-88	amendments by A2001-54
R9 1 July 2002	1 July 2002– 12 Sept 2002	A2001-88	amendments by A2001-88
R10 13 Sept 2002	13 Sept 2002– 16 Sept 2002	A2001-88	expiry of provisions (s 75 (4)-(7))
R11 17 Sept 2002	17 Sept 2002– 13 Oct 2002	A2002-30	amendments by A2002-30
R12 14 Oct 2002	14 Oct 2002– 31 Oct 2002	A2002-30	amendments by A2001-54
R13 1 Nov 2002	1 Nov 2002– 16 Jan 2003	A2002-40	amendments by A2002-40
R14 17 Jan 2003	17 Jan 2003– 30 Mar 2003	A2002-49	amendments by A2002-49
R14 (RI) 19 Feb 2003	17 Jan 2003– 30 Mar 2003	A2002-49	reissue for retrospective amendment by A2002-49
R15 31 Mar 2003	31 Mar 2003– 21 Mar 2004	A2003-2	amendments by A2003-2
R16 22 Mar 2004	22 Mar 2004– 29 Apr 2004	A2004-2	amendments by A2004-2
R17 30 Apr 2004	30 Apr 2004– 9 Jan 2005	A2004-2	amendments by A2003-48
R18* 10 Jan 2005	10 Jan 2005– 1 June 2005	A2004-60	amendments by A2004-60
R19 2 June 2005	2 June 2005– 30 Sept 2005	A2005-20	amendments by A2005-20
R20 1 Oct 2005	1 Oct 2005– 21 Dec 2005	A2005-43	amendments by A2005-43
R21 22 Dec 2005	22 Dec 2005– 27 Feb 2006	A2005-60	amendments by A2005-60
R22 28 Feb 2006	28 Feb 2006– 1 June 2006	A2005-60	amendments by A2005-43
R23 2 June 2006	2 June 2006– 30 June 2006	A2006-23	amendments by A2006-23
R24 1 July 2006	1 July 2006– 28 Sept 2006	A2006-25	amendments by A2006-25
R25 29 Sept 2006	29 Sept 2006– 24 Oct 2006	A2006-40	amendments by A2006-40
R26* 25 Oct 2006	25 Oct 2006– 9 Nov 2007	A2006-43	amendments by A2006-43
R27 10 Nov 2007	10 Nov 2007– 1 Feb 2009	A2007-8	amendments by A2007-8
R28 2 Feb 2009	2 Feb 2009– 7 Mar 2009	A2008-44	amendments by A2008-37
R29 8 Mar 2009	8 Mar 2009– 29 May 2009	A2008-44	amendments by A2008-42
R30 30 May 2009	30 May 2009– 3 Sept 2009	A2008-44	amendments by A2008-44
R31 4 Sept 2009	4 Sept 2009– 28 Sept 2009	A2009-24	amendments by A2009-24
R32 29 Sept 2009	29 Sept 2009– 21 Oct 2009	A2009-24	amendments by A2009-19
R33 22 Oct 2009	22 Oct 2009– 21 Dec 2009	A2009-37	amendments by A2009-37
R34* 22 Dec 2009	22 Dec 2009– 27 Apr 2010	A2009-44	amendments by A2009-44
R35 28 Apr 2010	28 Apr 2010– 30 May 2010	A2010-13	amendments by A2010-13
R36 31 May 2010	31 May 2010– 30 June 2010	A2010-13	commenced expiry
R37 1 July 2010	1 July 2010– 1 Nov 2010	A2010-21	amendments by A2010-21
R38 2 Nov 2010	2 Nov 2010– 6 July 2011	A2010-40	amendments by A2010-40
R39 7 July 2011	7 July 2011– 30 Aug 2011	A2011-20	amendments by A2011-20
R40 31 Aug 2011	31 Aug 2011– 29 Feb 2012	A2011-30	amendments by A2011-30
R41 1 Mar 2012	1 Mar 2012– 12 Aug 2012	A2011-48	amendments by A2011-48
R42 13 Aug 2012	13 Aug 2012– 23 Apr 2013	A2012-29	amendments by A2012-29
R43 24 Apr 2013	24 Apr 2013– 1 Apr 2014	A2013-12	amendments by A2013-12
R44 2 Apr 2014	2 Apr 2014– 20 Apr 2015	A2014-1	amendments by A2014-1
R45 21 Apr 2015	21 Apr 2015– 1 Oct 2015	A2015-10	amendments by A2015-10
R46 2 Oct 2015	2 Oct 2015– 9 Dec 2015	A2015-35	amendments by A2015-35
R47 10 Dec 2015	10 Dec 2015– 3 May 2016	A2015-52	amendments by A2015-52
R48 4 May 2016	4 May 2016– 22 June 2016	A2015-52	amendments by A2015-40
R49 23 June 2016	23 June 2016– 28 June 2016	A2016-36	amendments by A2016-36
R49 (RI) 25 August 2016	23 June 2016– 28 June 2016	A2016-36	reissued for retrospective amendments by A2016-53
R50 29 June 2016	29 June 2016– 31 Aug 2016	A2016-37	amendments by A2016-37
R50 (RI) 25 Aug 2016	29 June 2016– 31 Aug 2016	A2016-37	reissued for retrospective amendments by A2016-53
R51 1 Sept 2016	1 Sept 2016– 21 Apr 2017	A2016-53	amendments by A2016-52
R52 22 Apr 2017	22 Apr 2017– 25 Apr 2018	A2016-53	expiry of transitional provisions (pt 11)
R53 26 Apr 2018	26 Apr 2018– 8 Aug 2018	A2018‑9	amendments by A2018‑9
R54 9 Aug 2018	9 Aug 2018– 7 Nov 2018	A2018-25	amendments by A2018-25
R55 8 Nov 2018	8 Nov 2018– 4 Dec 2018	A2018-40	amendments by A2018-40
R56 5 Dec 2018	5 Dec 2018– 12 Mar 2019	A2018-46	amendments by A2018-46
R57 13 Mar 2019	13 Mar 2019– 2 Dec 2019	A2018-46	amendments by A2018-39
R58 3 Dec 2019	3 Dec 2019– 7 Apr 2020	A2019‑31	amendments by A2019‑31
R59 8 Apr 2020	8 Apr 2020– 8 July 2020	A2020‑11	amendments by A2020‑11
R60 9 July 2020	9 July 2020– 31 Aug 2020	A2020‑27	amendments by A2020‑27
R61 1 Sept 2020	1 Sept 2020– 19 Feb 2021	A2020‑31	amendments by A2020‑31
R62 20 Feb 2021	20 Feb 2021– 15 June 2021	A2021-1	amendments by A2021-1
R63 16 June 2021	16 June 2021– 30 June 2021	A2021-13	amendments by A2021-13
R64 1 July 2021	1 July 2021– 10 Nov 2021	A2021-13	expiry of provisions (s 68B (3A), (4), def COVID-19 emergency period, (5))
R65 11 Nov 2021	11 Nov 2021– 9 July 2022	A2021‑19	amendments by A2021‑19
R66 10 July 2022	10 July 2022– 16 Aug 2022	A2021‑19	expiry of transitional provisions (pt 12)
R67 17 Aug 2022	17 Aug 2022– 25 Sept 2022	A2022‑13	amendments by A2022‑13
R68 26 Sept 2022	26 Sept 2022– 29 Sept 2023	A2022‑13	includes editorial amendments under Legislation Act
R69 30 Sept 2023	30 Sept 2023– 11 Dec 2023	A2023‑37	amendments by A2023‑37
R70 12 Dec 2023	12 Dec 2023– 14 May 2024	A2023‑57	amendments by A2023‑57
R71 15 May 2024	15 May 2024– 25 Nov 2025	A2023‑57	amendments by A2023‑48

1. Expired transitional or validating provisions

   This Act may be affected by transitional or validating provisions that have expired.  The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).

   Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.

   To find the expired provisions see the version of this Act before the expiry took effect.  The ACT legislation register has point-in-time versions of this Act.