EXPLANATORY STATEMENT
JUDICIARY ACT 1903 - JUDICIARY REGULATIONS
(Statutory Rules 1985 No. 66)
The purpose of the Regulations is to prescribe the Arbitration (Civil Actions) Act, 1983 (NSW) for the purposes of paragraph 39(2)(d) of the Judiciary Act 1903.
Paragraph 39(2)(d) of the Judiciary Act 1903, so far as is material, provides that an arbitrator on whom the jurisdiction, or part of the jurisdiction of a Court of summary jurisdiction of a State is conferred by a prescribed State law, may exercise federal jurisdiction within the limits of the jurisdiction conferred by State law.
The Arbitration (Civil Actions) Act, 1983 (NSW) enables arbitrators appointed under that Act to exercise part of the civil jurisdiction of New South Wales Courts of summary jurisdiction. It is desirable that arbitrators appointed under the Arbitration (Civil Actions) Act, 1983 (NSW) should also be able to exercise federal jurisdiction invested in those courts within the limits of the jurisdiction conferred by that Act. The Regulations achieve that objective.
The Regulations will, by virtue of sub-section 4(2) of the Acts Interpretation Act 1901, operate from the date on which the regulation-making power under the Judiciary Act 1903, section 88, is proclaimed to come into operation, namely, 31 May 1985.
The Regulations are as follows:
Regulation 1 provides for the citation of the Regulations as the Judiciary Regulations;
Regulation 2 defines “the Act” for the purposes of the Regulations to mean the Judiciary Act 1903;
Regulation 3 prescribes the Arbitration (Civil Actions) Act, 1983 of the State of New South Wales for the purposes of paragraph 39(2)(d) of the Judiciary Act 1903.
(Authorised by the Attorney-General)