Australian Capital Territory Supreme Court Act 1964

Legislation au C1964A00109 Not in force Act

Legislation content

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT.

 

No. 109 of 1964.

An Act to amend the Australian Capital Territory Supreme Court Act 1933-1960.

[Assented to 20th November, 1964.]

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

Short title and citation.

1.—(1.) This Act may be cited as the Australian Capital Territory Supreme Court Act 1964.

(2.) The Australian Capital Territory Supreme Court Act 1933-1960, is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Australian Capital Territory Supreme Court Act 1933-1964.

Commencement.

2.—(1.) Subject to the next succeeding sub-section, this Act shall come into operation on the day on which it receives the Royal Assent.

(2.) Section five of this Act shall be deemed to have come into operation on the twenty-seventh day of October, One thousand nine hundred and sixty.

Parts.

3. Section two of the Principal Act is amended by omitting the word and figures “(Sections 34-37)” and inserting in their stead the word and figures “(Sections 34-37a)”.

Definitions.

4. Section five of the Principal Act is amended—

(a) by inserting after the definition of “defendant” the following definitions:—

“ ‘Deputy Registrar’ means a Deputy Registrar of the Supreme Court;

‘Deputy Sheriff’ means a Deputy Sheriff of the Territory;”;


(b) by omitting from the definition of “the Registrar” the words “the Deputy Registrar” and inserting in their stead the words “a Deputy Registrar”; and

(c) by inserting after the definition of “the Registrar” the following definition:—

“ ‘the Sheriff’ means the Sheriff of the Territory;”.

5. Section eight a of the Principal Act is repealed and the following section inserted in its stead:—

Holding of other judicial offices.

“8a. A person may be a Judge of the Supreme Court notwithstanding that he is also a Judge of another court created by the Parliament, or is also the holder of a judicial office in a Territory of the Commonwealth other than the Australian Capital Territory, by virtue of an appointment made either before or after his appointment as a Judge of the Supreme Court.”.

6.—(1.) Section thirty-four of the Principal Act is repealed and the following section inserted in its stead:—

Registrar, Sheriff and other officers.

“34.—(1.) There shall be—

(a) a Registrar of the Supreme Court, and such Deputy Registrars and other officers of the Supreme Court as are necessary; and

(b) a Sheriff of the Territory and such Deputy Sheriffs of the Territory as are necessary.

“(2.) The Registrar, the Deputy Registrars and other officers of the Supreme Court, and the Sheriff and the Deputy Sheriffs, shall be appointed by the Attorney-General.

“(3.) Subject to the directions of the Registrar, a Deputy Registrar has, and may exercise and perform, all the powers and functions of the Registrar under this or any other Act, an Ordinance or Rules of Court.

“(4.) The appointment of a person to be a Deputy Registrar does not affect the exercise or performance of a power or function by the Registrar.”.

(2.) The persons respectively holding office under the Principal Act at the commencement of this section as Registrar of the Supreme Court and Sheriff of the Territory shall continue to hold office as if appointed as Registrar or Sheriff, as the case may be, under section thirty-four of the Principal Act as amended by this Act.

(3.) The person holding office as Deputy Registrar of the Supreme Court under the Principal Act at the commencement of this section shall continue to hold office as if appointed as a Deputy Registrar of the Supreme Court under section thirty-four of the Principal Act as amended by this Act.


(4.) A reference in a law of the Territory (including Rules of Court made under this Act) to the Deputy Registrar of the Supreme Court shall, after the commencement of this section, be read as a reference to a Deputy Registrar of that Court.

7. After section thirty-seven of the Principal Act the following section is inserted in Part IV.:—

Deputy Sheriffs.

“37a.—(1.) Subject to the directions of the Sheriff, a Deputy Sheriff has, and may exercise and perform, all the powers and functions of the Sheriff under this or any other Act, an Ordinance or Rules of Court, and, in exercising or performing those powers and functions, has the same rights, privileges, immunities, duties and liabilities as the Sheriff.

“(2.) The appointment of a person to be a Deputy Sheriff does not affect the exercise or performance of a power or function by the Sheriff.”.

8.—(1.) Section fifty-two of the Principal Act is repealed and the following section inserted in its stead:—

Appeal from Supreme Court in criminal cases.

“52.—(1.) A person convicted on indictment before the Supreme Court may appeal to the Full Court of the High Court—

(a) against his conviction—

(i) on any ground of appeal that involves a question of law alone;

(ii) with the leave of the Supreme Court or the Judge, on any ground of appeal that involves a question of fact alone or a question of mixed law and fact; or

(iii) with the leave of the Full Court of the High Court, on any ground of appeal mentioned in the last preceding sub-paragraph or on any other ground that appears to the Full Court of the High Court to be a sufficient ground of appeal; and

(b) with the leave of the Full Court of the High Court, against the sentence passed on his conviction, unless the sentence is one fixed by law,

and the Full Court of the High Court has jurisdiction to hear and determine the appeal.

“(2.) For the purposes of the last preceding sub-section, a person who, although he has not been convicted on indictment before the Supreme Court, has been sentenced or otherwise dealt with by the Supreme Court in respect of an indictable offence shall be deemed to be a person convicted on indictment before that Court.”.


(2.) An appeal under section fifty-two of the Principal Act, and any application for the leave of the Full Court of the High Court or of the Supreme Court or a Judge of the Supreme Court under that section, pending at the commencement of this section may be continued and dealt with as if instituted or made under section fifty-two of the Principal Act as amended by this Act.

Action by or against Sheriff, &c.

9. Section fifty-nine of the Principal Act is amended by inserting after the word “Sheriff” the words “or a Deputy Sheriff”.

 

Overview

The Australian Capital Territory Supreme Court Act 1964 was enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia to amend the Australian Capital Territory Supreme Court Act 1933-1960. This Act addresses the need to update and refine the structure and functions of the Supreme Court within the Australian Capital Territory. It provides for the appointment of officers such as the Registrar, Deputy Registrars, and the Sheriff, along with their respective Deputy Sheriffs, and sets out the powers and functions of these officers. The Act also revises the appeal process from the Supreme Court in criminal cases to the Full Court of the High Court, ensuring a clear pathway for appeals on both questions of law and, under certain conditions, questions of fact. The policy objective is to maintain an efficient and effective judicial system within the Australian Capital Territory, allowing for the seamless continuation of court operations and the timely resolution of appeals.

Scope and Application

The Australian Capital Territory Supreme Court Act 1964 amends the Australian Capital Territory Supreme Court Act 1933-1960 to update the structure and operational procedures of the Supreme Court within the Australian Capital Territory (ACT). This Act applies to the Supreme Court and its officers, including the Registrar, Deputy Registrars, the Sheriff, and Deputy Sheriffs, who are appointed by the Attorney-General. The legislation also governs the conduct of individuals involved in judicial processes within the ACT, particularly those convicted on indictment before the Supreme Court, allowing them to appeal to the Full Court of the High Court under specified conditions. The Act has a jurisdictional reach limited to the ACT, impacting the administration of justice within this specific territory. There are no stated exclusions or exemptions within the text, although the application of the Act can be further defined through subordinate instruments, such as rules of court or regulations that may be established to implement or supplement the provisions of the Act.

Key Provisions

The Australian Capital Territory Supreme Court Act 1964 (Act) amends the Australian Capital Territory Supreme Court Act 1933-1960 (Principal Act), with key changes including the introduction of new definitions and the establishment of specific roles within the court. The Act introduces new definitions for terms such as "Deputy Registrar" (section 4(a)), "the Sheriff" (section 4(c)), and modifies the definition of "the Registrar" (section 4(b)). It also allows a person to be a Judge of the Supreme Court despite holding judicial offices elsewhere (section 5). Additionally, it revises the roles and appointments of the Registrar, Deputy Registrars, Sheriff, and Deputy Sheriffs (section 6). Under the Act, the Registrar, Deputy Registrars, Sheriff, and Deputy Sheriffs are appointed by the Attorney-General (section 6(2)). A Deputy Registrar is granted the same powers and functions as the Registrar, subject to their directions (section 6(3)). Similarly, a Deputy Sheriff has the same powers and functions as the Sheriff, subject to their directions (section 7(1)). These appointments do not interfere with the exercise or performance of powers by the Registrar or Sheriff (sections 6(4) and 7(2)). The Act also sets out the procedure for appeals from the Supreme Court in criminal cases. A person convicted on indictment may appeal to the Full Court of the High Court on grounds of law, fact, or mixed law and fact, with varying requirements for leave (section 8(1)). Appeals and applications for leave pending before the commencement of this Act can continue as if under the amended Act (section 8(2)). Furthermore, the Act extends the jurisdiction of actions involving the Sheriff to include Deputy Sheriffs (section 9).

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Area of Law
Courts & Procedure
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Registrar, Sheriff and other officers
Appeal from Supreme Court in criminal cases

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.