EXPLANATORY STATEMENT
Issued by the Authority of the Attorney‑General
High Court of Australia Act 1979
High Courts (Precincts) Proclamation 2018
Subsection 17(2) of the High Court of Australia Act 1979 (the Act) 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’.
The High Courts (Precincts) Proclamation 2018 revokes and replaces the High Court (Precincts) Proclamation 2008 (2008 Proclamation).
The purpose of the proposed Proclamation is to declare what forms part of the High Court precinct. All land described as Block 15, Section 28 in Deposited Plan 10480, Division of Parkes in the Canberra Central District of the Australian Capital Territory, is part of the precincts of the High Court, apart from the land on which the building occupied by the High Court stands. The precincts also include any building on that land that is not occupied by the High Court.
The precincts does not include the part of the land on which the building occupied by the High Court stands as the Court has power to control and manage this by virtue of the power contained in subsection 17(2) of the Act.
The proposed Proclamation commenced on the day after it was registered on the Federal Register of Legislation.
The High Court of Australia, the Department of Communications and the Arts, the National Portrait Gallery of Australia, the National Gallery of Australia and the National Capital Authority were consulted in making the proposed Proclamation. Consultation involved exchange of correspondence and discussions.
The Office of Best Practice Regulation was consulted on the measures. It advised that the measures were likely to have only a minor regulatory impact on business, community organisations or individuals. As this proposal will not be considered by Cabinet, a Regulatory Impact Statement does not need to be prepared (reference number 24178).
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
A Statement of Compatibility with Human Rights is at Attachment A.
ATTACHMENT A
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
High Courts (Precincts) Proclamation 2018
- This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Proclamation
2. The High Courts (Precincts) Proclamation 2018 is made in the same terms and replaces the High Court (Precincts) Proclamation 2008.
3. The Proclamation is made under subsection 17(2) of the High Court of Australia Act 1979, which provides that the High Court has power to control or manage any land or building occupied by the Court and any land or building that is declared by Proclamation to be part of the precincts of the Court.
4. The purpose of this Proclamation is to declare what forms part of the High Court precinct.
Human rights implications
5. This Proclamation does not engage any of the applicable rights or freedoms.
Conclusion
6. This Proclamation is compatible with human rights as it does not raise any human rights issues.