CROWN PROCEEDINGS ACT 1992 (REPEALED) - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of Act 2. Dictionary 3. Notes PART 2--PROCEEDINGS BY AND AGAINST THE CROWN GENERALLY PART 3--PROVISIONS OF SPECIAL APPLICATION TO THE TERRITORY CROWN PART 4--MISCELLANEOUS DICTIONARY ENDNOTES CROWN PROCEEDINGS ACT 1992 (REPEALED) - LONG TITLE An Act to provide for suits by and against the Crown, and for related purposes CROWN PROCEEDINGS ACT 1992 (REPEALED) - SECT 1 Name of Act This Act is the Crown Proceedings Act 1992. CROWN PROCEEDINGS ACT 1992 (REPEALED) - SECT 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain words and expressions used in this Act. Note 2 A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)). CROWN PROCEEDINGS ACT 1992 (REPEALED) - SECT 3 Notes A note included in this Act is explanatory and is not part of this Act. Note See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes. CROWN PROCEEDINGS ACT 1992 (REPEALED) - NOTES Dictionary Dictionary (see s 2) Note 1 The Legislation Act 2001 contains definitions and other provisions relevant to this Act. Note 2 In particular, the Legislation Act 2001, dict, pt 1, defines the following terms: o Territory authority o Territory instrumentality. "chief solicitor" means the person performing the duties of Chief Solicitor in the public service. "corresponding law" means a law of a State or another Territory that is declared by the regulations to be a law that corresponds to this Act. "Crown" includes a Minister, instrumentality or agency of the Crown and a prescribed person. "judgment" means any judgment or order of a court. "proceedings" means civil proceedings. "Territory Crown" means the Crown in right of the Territory. CROWN PROCEEDINGS ACT 1992 (REPEALED) - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired 3 Legislation history Crown Proceedings Act 1992 No 60 notified 28 October 1992 (Gaz 1992 No S174) s 1, s 2 commenced 28 October 1992 (s 2 (1)) remainder commenced 15 January 1993 (s 2 (2) and Gaz 1993 No S5) as amended by Acts Revision (Position of Crown) Act 1993 No 44 sch 2 notified 27 August 1993 (Gaz 1993 No S165) commenced 27 August 1993 (s 2 and see Gaz 1993 No S165) Public Sector Management (Consequential and Transitional Provisions) Act 1994 No 38 sch 1 pt 24 notified 30 June 1994 (Gaz 1994 No S121) s 1, s 2 commenced 30 June 1994 (s 2 (1)) commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142) Magistrates Court (Enforcement of Judgments) Act 1994 No 61 s 73, s 74 notified 11 October 1994 (Gaz 1994 No S197) s 1, s 2 commenced 11 October 1994 (s 2 (1)) s 73, s 74 commenced 10 April 1995 (s 2 (2) and Gaz 1995 No S75) Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch 1 notified 1 December 1997 (Gaz 1997 No S380) s 1, s 2 commenced 1 December 1997 (s 2 (1)) commenced 1 June 1998 (s 2 (2)) Justice and Community Safety Amendment Act 2001 No 9 sch 1 notified 8 March 2001 (Gaz 2001 No 10) commenced 8 March 2001 (s 2) Legislation (Consequential Amendments) Act 2001 No 44 pt 93 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 93 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Justice and Community Safety Legislation Amendment Act 2002 No 27 pt 6 notified LR 9 September 2002 s 1, s 2 commenced 9 September 2002 (LA s 75) pt 6 commenced 7 October 2002 (s 2 (2)) Statute Law Amendment Act 2002 No 30 pt 3.13 notified LR 16 September 2002 s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2)) pt 3.13 commenced 17 September 2002 (s 2 (1)) Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.19 notified LR 2 September 2004s 1, s 2 commenced 2 September 2004 (LA s 75 (1)) sch 1 pt 1.19 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29) as repealed by Court Procedures (Consequential Amendments) Act 2004 A2004-60 s 4 notified LR 2 September 2004s 1, s 2 commenced 2 September 2004 (LA s 75 (1)) s 4 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29) 4 Amendment history Name of Acts 1 sub 2001 No 9 amdt 1.8 Dictionarys 2 sub 2001 No 9 amdt 1.8 Notess 3 def chief solicitor am 1994 No 38 sch 1 pt 24 om 2001 No 9 amdt 1.9 def government solicitor om 2001 No 9 amdt 1.9 defs reloc to dict 2001 No 9 amdt 1.10 om 2001 No 9 amdt 1.11 ins 2002 No 30 amdt 3.140 Application to the Crowns 4 om 1993 No 44 sch 2 Proceedings by and against the Crown generallys 5 am 1994 No 61 s 73; 2002 No 30 amdt 3.141 reloc to Court Procedures Act 2004 as s 21 by A2004-60 amdt 1.118 Immunities and limitations of liabilitys 6 am A2004-60 amdt 1.113 reloc to Court Procedures Act 2004 as s 22 by A2004-60 amdt 1.118 Corresponding laws of States and other Territoriess 7 reloc to Court Procedures Act 2004 as s 23 by A2004-60 amdt 1.118 Injunctive reliefs 8 reloc to Court Procedures Act 2004 as s 24 by A2004-60 amdt 1.118 Protection of confidentiality on grounds of public interests 9 am A2004-60 amdt 1.113 reloc to Court Procedures Act 2004 as s 25 by A2004-60 amdt 1.118 Right of Attorneys-General of other jurisdictions to appear in proceedingss 10 reloc to Court Procedures Act 2004 as s 26 by A2004-60 amdt 1.118 Right of Attorney-General to intervene in proceedingss 11 am 2002 No 30 amdt 3.142 reloc to Court Procedures Act 2004 as s 27 by A2004-60 amdt 1.118 Court fees and chargess 12 am 2001 No 9 amdt 1.12; A2004-60 amdt 1.114, amdt 1.115 reloc to Court Procedures Act 2004 as s 28 by A2004-60 amdt 1.118 Enforcement of judgments against Territory Crowns 13 am 1994 No 61 s 74 sub 2002 No 27 s 18 am A2004-60 amdt 1.116 reloc to Court Procedures Act 2004 as s 29 by A2004-60 amdt 1.118 Enforcement of judgements against Crown in right of a State or another Territorys 13A ins 2002 No 27 s 18 reloc to Court Procedures Act 2004 as s 30 by A2004-60 amdt 1.118 Enforcement of judgments by the Crowns 14 am A2004-60 amdt 1.117 reloc to Court Procedures Act 2004 as s 31 by A2004-60 amdt 1.118 Endorsement etc of originating processs 15 am A2004-60 amdt 1.119, amdt 1.120 reloc to Court Procedures Act 2004 as s 32 by A2004-60 amdt 1.121 Service generallys 16 am 1997 No 96 sch 1 sub 2002 No 30 amdt 3.143 am A2004-60 amdts 1.122-1.124 reloc to Court Procedures Act 2004 as s 33 by A2004-60 amdt 1.125 Service of subpoenas etc on Ministerss 17 am A2004-60 amdt 1.126, amdt 1.127 reloc to Court Procedures Act 2004 as s 34 by A2004-60 amdt 1.128 Judicial notice of Attorney-General's appointment etcs 18 am A2004-60 amdt 1.129, amdt 1.130 reloc to Law Officer Act 1992 as s 5B by A2004-60 amdt 1.131 Representation if right to legal representation restricteds 19 am 1994 No 38 sch 1; 2001 No 9 amdt 1.13 sub A2004-60 amdt 1.132 reloc to Court Procedures Act 2004 as s 35 by A2004-60 amdt 1.133 Exclusion of certain proceedingss 20 am A2004-60 amdt 1.134 reloc to Court Procedures Act 2004 as s 36 by A2004-60 amdt 1.136 Regulations for pt 4s 21 sub 2001 No 9 amdt 1.14 am 2001 No 44 amdt 1.1012 sub A2004-60 amdt 1.135 reloc to Court Procedures Act 2004 as s 37 by A2004-60 amdt 1.136 Regulationss 22 om 2001 No 9 amdt 1.14 Dictionarydict ins 2001 No 9 amdt 1.15 am 2002 No 27 s 19 def chief solicitor ins 2001 No 9 amdt 1.15 def corresponding law reloc from s 3 2001 No 9 amdt 1.10 def Crown reloc from s 3 2001 No 9 amdt 1.10 def judgement reloc from s 3 2001 No 9 amdt 1.10 def proceedings reloc from s 3 2001 No 9 amdt 1.10 def Territory Crown reloc from s 3 2001 No 9 amdt 1.10 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Except for the footer, electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 Act 1994 No 61 10 April 1995 2 Act 2001 No 44 12 September 2001 3 Act 2002 No 30 17 September 2002 4 A2002-30 7 October 2002 (c) Australian Capital Territory 2005 CROWN PROCEEDINGS ACT 1992 (REPEALED) - NOTES Australian Capital Territory A1992-60 Republication No 5 Effective: 10 January 2005 Republication date: 10 January 2005 As repealed by A2004-60 s 4(republication for amendments and repeal by A2004-60)Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Crown Proceedings Act 1992 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 10 January 2005. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties The value of a penalty unit for an offence against this republished law at the republication date is-- (a) if the person charged is an individual--$100; or (b) if the person charged is a corporation--$500. Australian Capital Territory Crown Proceedings Act 1992 (repealed) Endnotes Australian Capital Territory Crown Proceedings Act 1992 (repealed)