Judiciary Amendment Act 1986
No. 1 of 1986
An Act to amend section 69 of the Judiciary Act 1903, and for related purposes
[Assented to 19 February 1986]
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 1986.
(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.
Indictments
3. Section 69 of the Principal Act is amended by inserting in sub-section (3) “or refer the matter to such legal aid authorities as the Attorney-General considers appropriate” after “the accused person”.
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 (as amended by No. 20, 1974); No. 164, 1976; No. 36, 1978; Nos, 19, 86 and 138, 1979; No. 61, 1981; No. 26, 1982; Nos. 39, 91 and 114, 1983; and Nos. 7, 12, 72 and 165, 1984.
[Minister’s second reading speech made in—
House of Representatives on 13 November 1985
Senate on 26 November 1985]
Overview
The Judiciary Amendment Act 1986, enacted by the Queen and the Parliament of Australia, is designed to amend section 69 of the Judiciary Act 1903. The legislation was introduced to address the need for greater flexibility in the referral of matters to legal aid authorities, ensuring that the accused can receive appropriate legal assistance. This Act provides that the court can refer a matter to legal aid authorities deemed appropriate by the Attorney-General, thereby expanding the options available for providing legal aid to the accused. The Act received assent on 19 February 1986 and commenced on the same day, reflecting a timely response to identified gaps in the existing legal framework.
Scope and Application
The Judiciary Amendment Act 1986 pertains specifically to the amendment of section 69 of the Judiciary Act 1903. The Act applies to the legal procedures and authorities involved in the administration of justice within the Commonwealth of Australia. It concerns the conduct of matters involving indictments and the referral of these matters to legal aid authorities deemed appropriate by the Attorney-General. The Act extends its reach to ensure that the judicial process can be effectively supported through the provision of legal aid where necessary. This amendment does not specify any exclusions, exemptions, or thresholds but allows for flexibility in the application of legal aid resources based on the Attorney-General's discretion. While the Act itself does not extend its application through subordinate instruments, it provides a legislative foundation upon which further regulations or guidelines may be developed to implement these changes.
Key Provisions
The Judiciary Amendment Act 1986 (Act) amends section 69 of the Judiciary Act 1903 (Principal Act) by adding new language to subsection (3) of that section. Specifically, it now allows the court to "refer the matter to such legal aid authorities as the Attorney-General considers appropriate" (section 3). This addition provides the court with an additional option when dealing with an accused person who is unable to afford legal representation.
The Judiciary Amendment Act 1986 imposes several obligations and requirements on the parties involved. The court is now empowered to refer cases to legal aid authorities if it is deemed necessary. The Attorney-General is responsible for determining which legal aid authorities are appropriate for a given case. This change in the law aims to ensure that all accused persons have access to legal representation, regardless of their financial situation.
Failure to comply with the requirements of the Judiciary Amendment Act 1986 may result in civil or criminal consequences. However, the Act itself does not explicitly outline any penalties for non-compliance. It is likely that the penalties would be determined by the court in individual cases, taking into account the specific circumstances and the nature of the non-compliance. In general, non-compliance with court orders or requirements can result in fines, imprisonment, or other legal consequences.
The Judiciary Amendment Act 1986 seeks to improve access to legal representation for accused persons by giving the court the option to refer cases to legal aid authorities. This change in the law is intended to ensure that all individuals have a fair chance to defend themselves in court, regardless of their financial situation. While the Act does not explicitly outline any penalties for non-compliance, it is likely that the court would impose appropriate consequences in individual cases where the requirements of the Act are not met.