Australian Capital Territory Repealed Acts

This legislation has been repealed.

CROWN PROCEEDINGS ACT 1992 - NOTES

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:

              •     Territory authority

              •     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.

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 2004
s 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 2004
s 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 Act
s 1     sub 2001 No 9 amdt 1.8

Dictionary
s 2     sub 2001 No 9 amdt 1.8

Notes
s 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 Crown
s 4     om 1993 No 44 sch 2

Proceedings by and against the Crown generally
s 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 liability
s 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 Territories
s 7     reloc to Court Procedures Act 2004 as s 23 by A2004-60 amdt 1.118

Injunctive relief
s 8     reloc to Court Procedures Act 2004 as s 24 by A2004-60 amdt 1.118

Protection of confidentiality on grounds of public interest
s 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 proceedings
s 10     reloc to Court Procedures Act 2004 as s 26 by A2004-60 amdt 1.118

Right of Attorney-General to intervene in proceedings
s 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 charges
s 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 Crown
s 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 Territory
s 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 Crown
s 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 process
s 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 generally
s 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 Ministers
s 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 etc
s 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 restricted
s 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 proceedings
s 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 4
s 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

Regulations
s 22     om 2001 No 9 amdt 1.14

Dictionary
dict     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

© Australian Capital Territory 2005

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):

              • authorised republications to which the Legislation Act 2001 applies

              • 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)