Australian Capital Territory Supreme Court Amendment Act 1976

Legislation au C2004A01588 Not in force Act

Legislation content

AUSTRALIAN CAPITAL TERRITORY SUPREME COURT AMENDMENT ACT 1976

No. 158 of 1976

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

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—

Short title, &c.

1. (1) This Act may be cited as the Australian Capital Territory Supreme Court Amendment Act 1976.

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

Commencement.

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

(2) Sections 12 and 14 shall come into operation on a date to be fixed by Proclamation, not being earlier than the day that is the commencing day for the purposes of the Federal Court of Australia Act 1976.

Definitions.

3. Section 5 of the Principal Act is amended—

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

“‘Chief Judge’ means the Chief Judge of the Court, and includes a Judge for the time being performing the duties and exercising the powers of the Chief Judge;”;

(b) by inserting in the definition of “Judge” or “Judge of the Supreme Court”, after the words “a Judge” (first occurring), the words “(including the Chief Judge)”; and

(c) by omitting the definition of “the senior Judge”.

Establishment of Supreme Court.

4. Section 6 of the Principal Act is amended by omitting from sub-section (3) the words “not more than three Judges” and substituting the words “the Chief Judge and not more than 2 other Judges”.

Appointment and tenure of Judges.

5. (1) Section 7 of the Principal Act is amended—

(a) by omitting sub-sections (1) and (1a) and substituting the following sub-sections:—

“(1) Subject to section 6, the Governor-General may appoint under this sub-section, by commission, a Chief Judge of the Court and other Judges of the Court.

“(1a) A person shall not be appointed under sub-section (1) if he has attained the age of 70 years and a person shall not be so appointed unless he is or has been a Judge of a court created by the Parliament or of a court of a State or has been enrolled as a legal practitioner of the High Court or of the Supreme Court of a State or Territory for not less than 5 years.

“(1b) The Chief Judge is the senior Judge of the Court and the other Judges appointed under sub-section (1) have seniority as between themselves according to the dates on which their commissions took effect or, where the commissions of 2 or more of them took effect on the same date, according to the precedence assigned to them by their commissions, and Judges appointed under sub-section (1) are senior to the additional Judges.”; and

(b) by omitting sub-section (3) and substituting the following sub-section:—

“(3) The additional Judges have seniority as between themselves according to the dates on which their commissions took effect or, where the commissions of 2 or more of them took effect on the same date, according to the precedence assigned to them by their commissions.”.


(2) Where, immediately before the commencement of this section, a person held office as a Judge appointed under sub-section 7(1) of the Principal Act, he continues in office as if he had been appointed under sub-section 7(1) of the Principal Act, as amended by this Act, but, if immediately before the commencement of this section sub-section 7(4) of the Principal Act did not apply in relation to him, then sub-section 7(4) of the Principal Act, as amended by this Act, does not apply in relation to him.

(3) Until the first appointment of a Chief Judge of the Court takes effect, the Court consists of such Judges as continue to hold office in accordance with sub-section (2) and the additional Judges.

(4) If a Judge to whom sub-section 6(3) of the Australian Capital Territory Supreme Court Act (No. 2) 1971 applies accepts appointment as the Chief Judge of the Supreme Court of the Australian Capital Territory, sub-section 7(4) of the Principal Act, as amended by this Act, does not apply in respect of his tenure of the office of Chief Judge.

6. After section 7 of the Principal Act the following sections are inserted:—

Acting Chief Judge.

“7a. Whenever—

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

(b) there is a vacancy in the office of Chief Judge,

the next senior Judge who is in Australia and is able and willing to do so shall perform the duties, and may exercise the powers, of the Chief Judge.

Arrangement of business of Court.

“7b. The Chief Judge 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.”.

Exercise of jurisdiction.

7. Section 8 of the Principal Act is amended by omitting sub-section (2).

Exercise of jurisdiction in relation to legal practitioners.

8. Section 8aa of the Principal Act is amended by omitting subsection (2).

Power of Judge to order that jurisdiction in a matter be exercised by not less than 3 Judges.

9. Section 8ab of the Principal Act is amended—

(a) by adding at the end of paragraph (a) of sub-section (4) the word “and”; and

(b) by omitting paragraph (b) of that sub-section.

10. Section 8b of the Principal Act is repealed and the following section substituted:—

Salary and allowances of Judges.

“8b. (1) The Chief Judge and the other Judges appointed under sub-section (1) of section 7 shall receive salary, annual allowances and travelling allowances at such respective rates as are fixed from time to time by the Parliament.

“(2) The salary and annual allowance to which a Judge is entitled under this section accrue from day to day and are payable monthly.

“(3) An additional Judge shall be remunerated with the salary and annual allowance that he receives as a Judge of the other court or courts of which he is a Judge.

“(4) The Consolidated Revenue Fund is appropriated to the extent necessary for payment of salaries and allowances in accordance with sub-section (1).”.

Oath of allegiance and office by Judge.

11. Section 10 of the Principal Act is amended by omitting from each of the forms the word “Judge” and substituting the words “Chief Judge [or Judge]”.


Reference to Full Court of High Court.

12. (1) Section 13 of the Principal Act is repealed.

(2) The repeal effected by this section does not affect the hearing and determination of a case or question by the High Court in pursuance of the statement of a case, reservation of a question or giving of a direction before the date of commencement of this section.

Seal.

13. Section 47 of the Principal Act is amended by omitting the words “senior Judge” and substituting the words “Chief Judge”.

Appeals.

14. Part VI of the Principal Act is repealed.

15. (1) Section 54 of the Principal Act is repealed and the following section substituted:—

Interest on judgments.

“54. A judgment debt under a judgment of the Court carries interest at such rate as is fixed by the Rules of Court from the date as of which the judgment is entered.”.

(2) Until the first Rule of Court made for the purposes of the section inserted by this section takes effect, the rate of interest for the purposes of that section is 5 per centum per annum.

Formal amendments.

16. The Principal Act is amended as set out in the Schedule.

THE SCHEDULE Section 16

1. The following provisions of the Principal Act are amended by omitting any number expressed in words that is used to identify a section of that Act and substituting that number expressed in figures:—

Sections 5 (definitions of “additional Judge” and “Judge” or “Judge of the Supreme Court”), 8ac(a), 17 and 28(1).

2. The following provisions of the Principal Act are amended by omitting the words “of this Act” and “of this section” (wherever occurring):—

Sections 5 (definitions of “additional Judge” and “Judge” or “Judge of the Supreme Court”), 7(4), 8(3), 8ac(a) and 28(1).

3. The Principal Act is further amended as set out below:—

Provision

Amendment

Section 3.................

Omit “first day of January, One thousand nine hundred and thirty-four”, substitute “1 January 1934”

Section 11(a)..............

Omit “first day of January, One thousand nine hundred and eleven”, substitute “1 January 1911”

 

Overview

The Australian Capital Territory Supreme Court Amendment Act 1976 was enacted to amend the Australian Capital Territory Supreme Court Act 1933, addressing the need to modernise and update the provisions of the original Act to better meet the needs of the Australian Capital Territory's judicial system. This legislation was enacted by the Parliament of Australia, with the aim of enhancing the efficiency and administration of the Supreme Court of the Australian Capital Territory. The Act introduces several key amendments, including the establishment of a Chief Judge position, the amendment of appointment criteria for Judges, and the reconfiguration of the court's structure to include a Chief Judge and up to two other Judges. It also addresses the remuneration of Judges and the administration of the court's business, ensuring a more structured and efficient judicial process. The Australian Capital Territory Supreme Court Amendment Act 1976 thus aims to provide a more streamlined and effective judicial framework for the Australian Capital Territory, ensuring that the court can operate efficiently and uphold the rule of law within the Territory. By specifying the role of the Chief Judge and the criteria for appointing Judges, the Act ensures that the court is led by experienced and qualified individuals, enhancing the overall administration of justice in the region.

Scope and Application

The Australian Capital Territory Supreme Court Amendment Act 1976 applies to the Supreme Court of the Australian Capital Territory and the individuals involved in its administration and judicial functions, such as the Chief Judge and other Judges. The Act provides amendments to the Australian Capital Territory Supreme Court Act 1933, impacting the structure, appointments, and operational aspects of the Supreme Court. The changes introduced by this Act are applicable within the jurisdiction of the Australian Capital Territory, affecting the court's composition, the appointment and tenure of Judges, and the exercise of judicial powers. The Act excludes certain provisions related to the Full Court of the High Court and appeals, replacing them with new provisions that streamline the court's operations and financial arrangements. The application of the Act can be extended or restricted through subordinate instruments, including rules and regulations that may further define the operational parameters of the Supreme Court under the amended Act.

Key Provisions

The Australian Capital Territory Supreme Court Amendment Act 1976 (C2004A01588) introduces several changes to the Australian Capital Territory Supreme Court Act 1933 (the "Principal Act"). The Act aims to update and refine the governance and operational framework of the Supreme Court within the Australian Capital Territory. Under this Act, the term "Chief Judge" is explicitly defined, and the requirement that the Court must consist of "the Chief Judge and not more than 2 other Judges" is established (section 4). The appointment and tenure of Judges are also revised, stipulating that the Governor-General may appoint a Chief Judge and other Judges, provided the appointee is a qualified legal professional (section 5). The Act further outlines the procedures for appointing an Acting Chief Judge when the Chief Judge is absent or when there is a vacancy in that office (section 7a). Additionally, the Act grants the Chief Judge the responsibility of arranging the Court's business efficiently and expeditiously, subject to consultation with other Judges (section 7b). The obligations imposed by the Act include the requirement for the Chief Judge to ensure the orderly and efficient management of the Court's business and to facilitate the appointment of an Acting Chief Judge in the absence of the Chief Judge. Judges are also mandated to take an oath of allegiance and office, now referred to as the "Chief Judge [or Judge]" oath (section 11). The Act further delineates the salary and allowances for the Chief Judge and other Judges, specifying that these are to be determined by the Parliament (section 8b). The Act also removes certain previous references and provisions, such as the seal of the Court and the composition of the Full Court of the High Court, to streamline the legislative framework (sections 13 and 14). In terms of consequences for non-compliance, the Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of its provisions. However, the provisions regarding the appointment and tenure of Judges suggest that failure to meet the stipulated qualifications or adhere to the appointment procedures could render such appointments invalid. Additionally, the Act's emphasis on the orderly conduct of Court business implies that significant deviations could be subject to judicial review or other remedies available under the law.

Legal classification tags

Area of Law
Administrative Law
Instrument
Act
Concepts
Definitions & Interpretation
Repeal & Amendment
Appointment and tenure of Judges

Interactions

Authorises

All Versions

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.