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.
Overview
The High Courts (Precincts) Proclamation 2018 was enacted to address the need for a clear and updated declaration of what constitutes the precincts of the High Court of Australia. This Proclamation revokes and replaces the High Court (Precincts) Proclamation 2008, providing a contemporary definition of the High Court precincts. Made under subsection 17(2) of the High Court of Australia Act 1979, the Proclamation aims to specify which land and buildings form part of the High Court precincts, excluding the land on which the High Court building itself stands, which the Act already empowers the Court to manage. The Proclamation was developed through consultation with relevant stakeholders including the High Court of Australia, the Department of Communications and the Arts, and other cultural institutions in Canberra. It was also reviewed by the Office of Best Practice Regulation, which concluded that it would have a minor regulatory impact. The Proclamation is a legislative instrument under the Legislative Instruments Act 2003 and has been assessed for compatibility with human rights, with a Statement of Compatibility provided as Attachment A.
Scope and Application
The High Courts (Precincts) Proclamation 2018 applies to the High Court of Australia and pertains to the management and control of the precincts surrounding the Court. Specifically, it designates certain land and buildings within the precincts of the High Court, excluding the land upon which the High Court building itself stands. This Proclamation was made under the authority of subsection 17(2) of the High Court of Australia Act 1979, which empowers the High Court to manage any land or building that is declared by Proclamation to be part of the Court’s precincts. The Proclamation revokes and replaces the 2008 Proclamation, and it was developed through consultation with relevant entities such as the Department of Communications and the Arts, the National Portrait Gallery of Australia, the National Gallery of Australia, and the National Capital Authority. Additionally, the Office of Best Practice Regulation was consulted and noted that the measures would likely have only a minor regulatory impact. The Proclamation is applicable within the Australian Capital Territory and is a legislative instrument under the Legislative Instruments Act 2003. There are no exclusions or exemptions specified in the Proclamation itself, although the High Court retains its power to manage the land upon which it stands under the High Court of Australia Act 1979.
Key Provisions
The High Courts (Precincts) Proclamation 2018 (Proclamation) is a legislative instrument that, under subsection 17(2) of the High Court of Australia Act 1979, declares what constitutes the precincts of the High Court. Specifically, it identifies Block 15, Section 28 in Deposited Plan 10480, Division of Parkes in the Canberra Central District of the Australian Capital Territory as part of the High Court precinct. Notably, the land on which the High Court building itself stands is excluded from this declaration, as the Court already has the authority to control and manage this land under the Act. The Proclamation, which came into effect the day after its registration, also includes any buildings on the designated land that are not occupied by the High Court.
The Proclamation imposes certain obligations on the High Court regarding the management and control of the land and buildings declared as part of the precincts. While the High Court retains the power to manage the land it occupies by virtue of the Act, the Proclamation extends this power to any additional land or buildings that are now part of the precincts. This ensures a comprehensive framework for the Court's control over its physical environment, facilitating the effective administration of justice.
There are no specific offences or penalties outlined in the Proclamation itself. However, any breaches of the provisions under the High Court of Australia Act 1979, which the Proclamation supports, could lead to legal consequences. Under the Act, unauthorised activities within the precincts could result in criminal charges, with potential penalties varying depending on the nature and severity of the offence. Additionally, civil actions might be pursued for any breaches that affect the administration of justice or the rights of individuals within the precincts. The maximum penalties for offences under the Act are not specified in the Proclamation but would be determined by relevant criminal law provisions.