Northern Territory Supreme Court Amendment Act 1976

Legislation au C2004A01589 Not in force Act

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NORTHERN TERRITORY SUPREME COURTAMENDMENT ACT 1976

No. 159 of 1976

An Act to amend the Northern Territory Supreme Court Act 1961.

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

Short title, &c.

1. (1) This Act may be cited as the Northern Territory Supreme Court Amendment Act 1976.

(2) The Northern Territory Supreme Court Act 1961 is in this Act referred to as the Principal Act.

Commencement.

2. (1) Subject to sub-section (2), this Act shall come into operation on the day on which it receives the Royal Assent.

(2) Section 12 shall come into operation on a date to be fixed by Proclamation, not being earlier than the day that is the commencing day for the purposes of the Federal Court of Australia Act 1976.

Definitions.

3. Section 5 of the Principal Act is amended—

(a) by inserting after the definition of “cause” the following definition:—

“‘Chief Judge’ means the Chief Judge of the Court, and includes a Judge for the time being performing the duties and exercising the powers of the Chief Judge;”;

(b) by inserting in the definition of “Judge” or “Judge of the Supreme Court”, after the words “a Judge” (first occurring), the words “(including the Chief Judge)”; and

(c) by omitting the definition of “the senior Judge”.

Establishment of Supreme Court.

4. Section 6 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section:—

“(2) The Court shall consist of the Chief Judge and not more than 3 other Judges appointed under sub-section (1) of section 7 and the additional Judge or Judges appointed under sub-section (2) of that section.”.

Appointment and tenure of Judges.

5. (1) Section 7 of the Principal Act is amended—

(a) by omitting sub-sections (1) and (1a) and substituting the following sub-sections:—

“(1) Subject to section 6, the Governor-General may appoint under this sub-section, by commission, a Chief Judge of the Court and other Judges of the Court.

“(1a) A person shall not be appointed under sub-section (1) if he has attained the age of 70 years and a person shall not be so appointed unless he is or has been a Judge of a court created by the Parliament or of a court of a State or has been enrolled as a legal practitioner of the High Court or of the Supreme Court of a State or Territory for not less than 5 years.

“(1b) The Chief Judge is the senior Judge of the Court and the other Judges appointed under sub-section (1) have seniority as between themselves according to the dates on which their commissions took effect or, where the commissions of 2 or more of them took effect on the same date, according to the precedence assigned to them by their commissions, and Judges appointed under sub-section (1) are senior to the additional Judges.”; and

(b) by omitting sub-section (3) and substituting the following sub-section:—

“(3) The additional Judges have seniority as between themselves according to the dates on which their commissions took effect or, where the commissions of 2 or more of them took effect on the same date, according to the precedence assigned to them by their commissions. “.


(2) Where, immediately before the commencement of this section, a person held office as a Judge appointed under sub-section 7(1) of the Principal Act, he continues in office as if he had been appointed under sub-section 7(1) of the Principal Act, as amended by this Act.

(3) Until the first appointment of a Chief Judge of the Court takes effect, the Court consists of such Judges as continue to hold office in accordance with sub-section (2) and the additional Judges.

6. After section 7 of the Principal Act the following sections are inserted:—

Acting Chief Judge.

“7a. Whenever—

(a) the Chief Judge is absent from Australia or from duty; or

(b) there is a vacancy in the office of Chief Judge,

the next senior Judge who is in Australia and is able and willing to do so shall perform the duties, and may exercise the powers, of the Chief Judge.

Arrangement of business of Court.

“7b. The Chief Judge is responsible for ensuring the orderly and expeditious discharge of the business of the Court and accordingly may, subject to this Act and to such consultation with the Judges as is appropriate and practicable, make arrangements as to the Judge or Judges who is or are to constitute the Court in particular matters or classes of matters.”.

7. Section 9 of the Principal Act is repealed and the following section substituted:—

Salary and allowances of Judges.

“9. (1) The Chief Judge and the other Judges appointed under sub-section (1) of section 7 shall receive salary, annual allowances and travelling allowances at such respective rates as are fixed from time to time by the Parliament.

“(2) The salary and annual allowance to which a Judge is entitled under this section accrue from day to day and are payable monthly.

“(3) An additional Judge shall be remunerated with the salary and annual allowance that he receives as a Judge of the other court or courts of which he is a Judge.

“(4) The Consolidated Revenue Fund is appropriated to the extent necessary for payment of salaries and allowances in accordance with sub-section (1).”.

Exercise of jurisdiction.

8. Section 13 of the Principal Act is amended by omitting sub-section (2).

Exercise of jurisdiction in relation to legal practitioners.

9. Section 13a of the Principal Act is amended by omitting sub-section (2).

Power of Judge to order that jurisdiction in a matter be exercised by not less than 3 Judges.

10. Section 13b of the Principal Act is amended—

(a) by adding at the end of paragraph (a) of sub-section (4) the word “and”; and

(b) by omitting paragraph (b) of that sub-section.

Seals and Stamps.

11. Section 30 of the Principal Act is amended by omitting from sub-sections (3), (4) and (5) the words “senior Judge” and substituting the words “Chief Judge”.

Appeals.

12. Part VI of the Principal Act is repealed.

Rules of Court.

13. Section 55 of the Principal Act is amended by omitting the words “The Senior Judge” and substitute the words “The Judges appointed under sub-section (1) of section 7 or any two of those Judges”.

The Schedule.

14. The Schedule to the Principal Act is amended by omitting from each of the forms the word “Judge” and substituting the words “Chief Judge [or Judge]”.

Overview

The Northern Territory Supreme Court Amendment Act 1976 (C2004A01589) was enacted to amend the Northern Territory Supreme Court Act 1961. This legislation was introduced by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, addressing the need to refine the structure and operational aspects of the Northern Territory Supreme Court. The policy objective, as indicated within the text, is to enhance the efficiency and administration of the Court by clearly defining roles, amending appointment criteria, and adjusting the composition of the Court to better meet the judicial needs of the Northern Territory. The Act introduces the role of the Chief Judge, establishes the composition of the Court, and refines the appointment and tenure of Judges, ensuring the Court can operate effectively with the necessary seniority and experience among its members.

Scope and Application

The Northern Territory Supreme Court Amendment Act 1976 amends the Northern Territory Supreme Court Act 1961 to make several significant changes to the structure, governance, and operations of the Northern Territory Supreme Court. The Act applies to the Chief Judge and other Judges of the Supreme Court, as well as to the administration and conduct of the Court’s business. It applies within the jurisdiction of the Northern Territory. The Act sets out qualifications and conditions for the appointment of Judges, including a maximum age limit of 70 years and a requirement for prior judicial experience or legal practice. It specifies the number of Judges that may sit on the Court, including the Chief Judge and not more than three other Judges. The Act also details the process for appointing an Acting Chief Judge when the Chief Judge is absent or there is a vacancy, as well as the remuneration and allowances for Judges. The Act further amends the exercise of jurisdiction by the Court and the manner in which the business of the Court is arranged. The provisions of the Act apply nationally within the Commonwealth of Australia, specifically to the Northern Territory, and it may be further extended or restricted by subordinate instruments as deemed necessary.

Key Provisions

The Northern Territory Supreme Court Amendment Act 1976 (Act) amends the Northern Territory Supreme Court Act 1961 (Principal Act). The Act introduces several key changes to the structure, composition, and operations of the Supreme Court of the Northern Territory. Firstly, the Act amends the definition of "Chief Judge" and "Judge" in section 5 of the Principal Act to clarify their roles and responsibilities within the Court. The establishment of the Supreme Court is altered in section 4, now specifying that the Court consists of the Chief Judge and up to three other Judges appointed under section 7(1) of the Principal Act, with additional Judges appointed under section 7(2) of the same Act. The appointment and tenure of Judges are addressed in section 5, which revises the criteria for appointment and establishes the seniority order among Judges. Furthermore, section 6 introduces provisions for the Acting Chief Judge, who performs the duties of the Chief Judge in the Chief Judge's absence or in the event of a vacancy. The obligations imposed by the Act include the requirement for the Chief Judge to ensure the orderly and expeditious discharge of the Court's business, as outlined in section 7b of the Principal Act. Additionally, the Chief Judge and other appointed Judges must adhere to the salary and allowances set by Parliament, as stipulated in section 9 of the Principal Act. The Act also mandates the remuneration of additional Judges based on their salary and annual allowance from their other judicial positions, as outlined in section 9(3) of the Principal Act. The Act repeals and replaces section 13 and 13a of the Principal Act, removing specific requirements for the exercise of jurisdiction over legal practitioners and simplifying the jurisdictional framework. The Act includes provisions for offences and penalties, although specific penalties are not detailed within the Act itself. Breaches of the Act's provisions may result in civil or criminal consequences, as determined by applicable laws. Penalties for breaches of judicial conduct and responsibilities would typically be addressed under general legal principles and other relevant legislation, such as the Crimes Act 1914 (Cth). The Act ensures that the judiciary operates within a well-defined structure, with clear roles and responsibilities for the Chief Judge and other Judges, thereby enhancing the efficiency and effectiveness of the Northern Territory Supreme Court.

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Area of Law
Administrative Law
Instrument
Amending Act
Concepts
Commencement Provisions
Definitions & Interpretation
Appointment and tenure of Judges
Regulatory Standards
Delegated & Subordinate Legislation

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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.