EXPLANATORY STATEMENT
Issued by the Authority of the Attorney-General
High Court of Australia Act 1979
High Court (Precincts) Proclamation 2008
Subsection 17(2) of the High Court of Australia Act 1979 provides, in part, that the High Court has power ‘to control and manage any land or building occupied by the Court and any adjacent land or building that is declared by Proclamation to be part of the precincts of the Court’. [A1]
The precincts of the Court were declared by Proclamation dated 9 July 1982, and published in the Gazette on 13 July 1982. The present Proclamation revokes the 1982 Proclamation.
The purpose of this Proclamation is to alter the High Court boundary to remove land occupied by the National Portrait Gallery from the precincts of the High Court. The new boundary is described in a schedule to the Proclamation. The schedule refers to Block 15, Section 28 in Deposited Plan 10480, Division of Parkes in the Canberra Central District of the Australian Capital Territory. The Deposited Plan has been registered with the Australian Capital Territory Office of Regulatory Services.
The justices of the High Court, the Department of the Environment, Water, Heritage and the Arts, and representatives of the National Portrait Gallery and the National Capital Authority have been consulted in the preparation of this Proclamation.
This Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
[A1]Does it expressly provide for this?
Overview
The High Court (Precincts) Proclamation 2008 was enacted to address the need for adjusting the boundaries of the precincts of the High Court of Australia to exclude the land currently occupied by the National Portrait Gallery. This was necessary as the existing proclamation from 1982 included land that is no longer occupied by the High Court, specifically the land now used by the National Portrait Gallery. The proclamation was issued under the authority of subsection 17(2) of the High Court of Australia Act 1979, which grants the High Court the power to control and manage any land or building occupied by the Court and any adjacent land declared to be part of the precincts of the Court. The new proclamation, revoking the 1982 proclamation, was prepared with consultation from the justices of the High Court, the Department of the Environment, Water, Heritage and the Arts, and representatives from the National Portrait Gallery and the National Capital Authority. This legislative instrument aims to clearly delineate the current boundaries of the High Court precincts, ensuring that the High Court's jurisdiction over its property is accurately reflected.
Scope and Application
The High Court (Precincts) Proclamation 2008, made under subsection 17(2) of the High Court of Australia Act 1979, delineates the precincts of the High Court, specifying the boundaries of the land and buildings within its control and management. This proclamation serves to revise the previously established boundary by removing land occupied by the National Portrait Gallery from the High Court's precincts, reflecting changes in the land's occupation and usage. The new boundary, detailed in a schedule attached to the Proclamation, refers to specific land parcels as identified in Deposited Plan 10480, Division of Parkes in the Canberra Central District of the Australian Capital Territory. The consultation process for drafting this Proclamation involved the justices of the High Court, the Department of the Environment, Water, Heritage and the Arts, and representatives from the National Portrait Gallery and the National Capital Authority. This legislative instrument, as defined under the Legislative Instruments Act 2003, is significant for clarifying the jurisdictional reach of the High Court in managing and controlling its precincts.
Key Provisions
The main operative sections of the High Court (Precincts) Proclamation 2008 (F2008L03485) serve to revise the boundary of the High Court's precincts, specifically excluding the land occupied by the National Portrait Gallery. This alteration is detailed in a schedule attached to the Proclamation, which references Block 15, Section 28 in Deposited Plan 10480, Division of Parkes in the Canberra Central District of the Australian Capital Territory. This change revokes the previous boundary declared by the 1982 Proclamation. The Proclamation is grounded in the authority provided by subsection 17(2) of the High Court of Australia Act 1979, which empowers the High Court to manage and control any land or building that is part of its precincts.
The obligations and requirements imposed by this Proclamation primarily involve the High Court's administration and management of its precincts. The Proclamation mandates that the High Court adhere to the new boundary definitions as outlined in the attached schedule. It also requires the High Court to ensure that any land or buildings within the new precincts are managed in accordance with the provisions of the High Court of Australia Act 1979. The Proclamation ensures that the High Court’s management authority is exercised correctly by legally defining the precincts, which is crucial for maintaining order and control over the Court’s operations and security.
The Act does not explicitly state offences, penalties, or consequences for non-compliance with the boundary definitions established by the Proclamation. However, the authority granted under subsection 17(2) of the High Court of Australia Act 1979 implies that any breach of the management and control provisions could potentially lead to legal consequences. Such breaches might be addressed under the broader legal framework of the High Court of Australia Act 1979, which could include administrative actions or legal proceedings to enforce compliance with the Act’s provisions. While specific penalties are not detailed in the Proclamation, the seriousness of non-compliance could result in actions aimed at restoring adherence to the defined precincts.