Judiciary Amendment Act 1984

Administered by Attorney-General's Department

Legislation au C2004A02871 Not in force Act

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Judiciary Amendment Act 1984

No. 7 of 1984

 

An Act to amend the Judiciary Act 1903

[Assented to 4 April 1984]

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

Short title, &c.

1. (1) This Act may be cited as the Judiciary Amendment Act 1984.

(2) The Judiciary Act 19031 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

3. After Part VII of the Principal Act the following Part is inserted:

“PART VIII—ENFORCEMENT OF CERTAIN ORDERS CONCERNING COURT PROCEEDINGS

Interpretation

“46. In this Part—

‘Australia’ includes the external Territories;


‘court’ means a court of Victoria, and includes a Judge of such a court and any Magistrate, Justice of the Peace or Coroner of Victoria;

‘make’, in relation to an order being a direction, includes give;

‘order’ includes a direction;

‘proceedings’ means criminal proceedings arising out of, or in any way relating to, the incident that occurred at the Sheraton Hotel in Melbourne on the night of 30 November 1983 involving the Australian Secret Intelligence Service.

Application

“47. This Part applies to and in relation to—

(a) all natural persons, whether resident in Australia or not and whether Australian citizens or not; and

(b) all bodies corporate, whether incorporated in Australia or not,

and extends to acts done or omitted to be done outside Australia.

Crown to be bound

“48. This Part binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island.

Contravention of order to constitute contempt

“49. (1) If a court makes an order to which this sub-section applies in relation to proceedings before the court on the ground, or on grounds that include the ground, however the ground is expressed, that the making of the order is necessary or desirable in the interests of the national or international security of Australia or in the interests of the physical safety of the accused, of a witness or of any other person, a person shall not contravene or fail to comply with the order so far as it is applicable in relation to the last-mentioned person.

“(2) By force of this sub-section, an order referred to in sub-section (1) applies, except so far as is inconsistent with the express terms of the order, in like manner as this Part applies by virtue of section 47.

“(3) Sub-section (1) applies to—

(a) an order that the proceedings are, or part of the proceedings is, to take place in a closed hearing;

(b) an order that a person is, or persons included in a specified class of persons are, to be excluded from the whole or part of the proceedings;

(c) an order prohibiting or restricting the disclosure of information with respect to the whole or part of the proceedings;

(d) an order prohibiting or restricting the publication of a report of or relating to the whole or part of the proceedings;

(e) an order for the purpose of ensuring that no person without the approval of the court has access, whether before, during or after the hearing of the proceedings, to any indictment, affidavit, exhibit or other document used in the proceedings or to the records of the court relating to the proceedings; or

(f) an order combining any 2 or more of the foregoing orders.

“(4) If a person contravenes or fails to comply with an order referred to in sub-section (1), the Federal Court of Australia has the same powers to punish the person for the contravention or failure as if the order had been made by that Court.

Reports

“50. (1) Subject to sub-section (2), the Attorney-General of the Commonwealth shall, as soon as practicable after each 30 June, lay before each House of the Parliament a report setting out—

(a) the number of proceedings in which, to his knowledge, orders referred to in sub-section 49 (1) were made during the year that ended on that date; and

(b) particulars of those proceedings, including particulars of the judgments.

“(2) Sub-section (1) does not require the making of a report in terms that would be inconsistent with any order referred to in sub-section 49 (1).”.

Application of this Part

“51. This Part does not apply in relation to an order made later than 2 years after the commencement of the Criminal Proceedings Act 1984 of Victoria.”.

 

NOTE

1. No. 6, 1903, as amended. For previous amendments, see No. 5, 1906; No. 8, 1907; No. 34, 1910; No. 31, 1912; No. 11, 1914; No. 4, 1915; No. 38, 1920; No. 39, 1926; No. 9, 1927; No. 60, 1932; Nos. 34 and 65, 1933; No. 45, 1934; No. 5, 1937; No. 43, 1939; No. 50, 1940; No. 10, 1946; No. 52, 1947; No. 65, 1948; Nos. 51 and 80, 1950; Nos. 17 and 35, 1955; No. 50, 1959; Nos. 32 and 109, 1960; No. 91, 1965; Nos. 55 and 93, 1966; No. 134, 1968; No. 39, 1969; No. 216, 1973; No. 164, 1976; No. 36, 1978; Nos. 19, 86 and 138, 1979; No. 61, 1981; No. 26, 1982; and Nos. 39, 91 and 114, 1983.

Overview

The Judiciary Amendment Act 1984, enacted by the Queen and the Senate and House of Representatives of the Commonwealth of Australia, is an amendment to the Judiciary Act 1903. This Act was introduced to address specific concerns arising from the incident that occurred at the Sheraton Hotel in Melbourne on the night of 30 November 1983 involving the Australian Secret Intelligence Service. The primary objective of this legislation is to ensure that certain court orders concerning these specific proceedings are enforced effectively, with a particular emphasis on matters of national and international security as well as the physical safety of involved parties. The Act extends its application to all natural persons and bodies corporate, irrespective of their location or citizenship, and binds the Crown in right of the Commonwealth, the States, the Northern Territory, and Norfolk Island. Additionally, the Act mandates the Attorney-General to report annually to Parliament on the number and details of proceedings where such orders were made.

Scope and Application

The Judiciary Amendment Act 1984, which amends the Judiciary Act 1903, introduces specific provisions aimed at enforcing certain court orders concerning criminal proceedings related to an incident involving the Australian Secret Intelligence Service that occurred on the night of 30 November 1983 at the Sheraton Hotel in Melbourne. This Part VIII of the amended Act applies to all natural persons, regardless of their residency or citizenship, and all bodies corporate, irrespective of their incorporation location, and extends to acts done or omitted outside Australia. The Crown, in its various capacities across the Commonwealth, states, territories, and Norfolk Island, is also bound by this Part. The Act empowers courts to make orders to ensure national or international security or the physical safety of individuals involved in these proceedings. Non-compliance with these orders constitutes contempt, with the Federal Court of Australia having the authority to punish such contraventions. The Attorney-General is mandated to report annually to Parliament on the number and details of such proceedings and orders. Notably, this Part does not apply to orders made more than two years after the commencement of the Criminal Proceedings Act 1984 of Victoria.

Key Provisions

The Judiciary Amendment Act 1984 (No. 7 of 1984) introduces significant changes to the Judiciary Act 1903, particularly concerning enforcement of certain orders related to court proceedings. Section 46 defines key terms used throughout Part VIII of the Act, which is inserted after Part VII of the Judiciary Act. The term "Australia" includes the external territories, "court" refers to the courts of Victoria and their associated officials, and "order" encompasses both directions and prohibitions. "Proceedings" are specifically those arising from the Sheraton Hotel incident on 30 November 1983 involving the Australian Secret Intelligence Service. This Part applies broadly to all natural persons and bodies corporate, regardless of their residency or incorporation status, and extends to actions taken outside Australia. The Crown, in its various capacities, is also bound by this Part. Section 49 establishes that any order made by a court concerning these proceedings, if deemed necessary for national or international security or the physical safety of individuals, must not be contravened. Such orders may include closed hearings, exclusion of individuals from proceedings, restrictions on information disclosure, and prohibitions on publication or access to documents. The Federal Court of Australia has the authority to punish any contravention of these orders. The obligations imposed by the Act require strict adherence to court orders issued under this Part. This includes ensuring that the proceedings are conducted in a manner that safeguards national security and personal safety. Any failure to comply with these orders is treated as contempt of court, and the Federal Court has the jurisdiction to impose penalties. The Attorney-General is required to report annually to Parliament on the number and details of proceedings involving such orders. Breach of the orders stipulated under this Act constitutes contempt, with the Federal Court empowered to impose penalties for non-compliance. The Act does not specify the exact penalties but implies that the severity of the punishment would be commensurate with the nature of the contravention. Additionally, any report that might reveal details of these proceedings contrary to the orders is prohibited, ensuring that the sensitive nature of these proceedings remains protected.

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Civil Litigation & Procedure
National Security Law
Instrument
Act
Concepts
Commencement Provisions
Offence Provisions
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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.