HIGH COURT OF AUSTRALIA ACT 1979 - NOTES
HIGH COURT OF AUSTRALIA ACT 1979 - NOTES
No. 137, 1979
Compilation No. 15
Compilation date: 21 October 2016
Includes amendments up to: Act No. 61, 2016
Registered: 24 October 2016
About this compilation
This compilation
This is a compilation of the High Court of Australia Act 1979 that shows the text of the law as amended and in force on 21 October 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I--Preliminary
1 Short title
2 Commencement
3 Repeal
4 Interpretation
4A Application of the Criminal Code
Part II--Constitution and seat of the High Court
Division 1--Justices of the High Court
5 The High Court
6 Consultation with State Attorneys-General on appointment of Justices
7 Qualification of Justices
8 Seniority
9 Acting Chief Justice
10 Justices not to hold other office
11 Oath or affirmation of allegiance and of office
12 Salary and allowances
13 Appropriation
Division 2--Seat of the High Court
14 Seat
15 Places of sittings
16 Judgment may be pronounced at any sitting
Part III--Administration of the High Court
17 Administration of the Court
18 Chief Executive and Principal Registrar of the Court
19 Functions and powers of the Chief Executive and Principal Registrar
20 Terms and conditions of appointment
21 Remuneration and allowances
22 Leave of absence
23 Resignation
24 Termination of appointment
25 Acting Chief Executive and Principal Registrar
26 Officers and employees
27 Marshal and Deputy Marshals
28 Certain officers may administer oaths and affirmations
Part IV--Registry and procedure
30 Registry
31 Transfer of proceedings
32 Seals
33 Writs etc.
34 Date of process
Part V--Finance
35 Moneys appropriated for the Court
36 Estimates
37 Application of moneys appropriated for the Court
38 Trust moneys
39 Other moneys
40 Limitation on contracts
41 Accounts with ADIs
42 Proper accounts to be kept
43 Audit
44 Exemption from taxation
Part VI--Miscellaneous
45 Proceedings in respect of administration of the Court
46 Exercise of powers of the Court in administrative matters
47 Annual reports and financial statements
48 Rules of Court
49 Regulations
Schedule
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
137, 1979 | 23 Nov 1979 | 21 Apr 1980 (s 2 and gaz 1980, No S82) |
| |
63, 1984 | 25 June 1984 | s 151(1), (9): 1 July 1984 s 2(4) and (gaz 1984, No S245) | s 151(9) | |
65, 1985 | 5 June 1985 | Sch 1: 3 July 1985 (s 2(1)) | -- | |
Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988 | 99, 1988 | 2 Dec 1988 | Sch: 2 Dec 1988 (s 2) | -- |
Lands Acquisition (Repeal and Consequential Provisions) Act 1989 | 21, 1989 | 20 Apr 1989 | Sch 2: 9 June 1989 (s 2) | -- |
157, 1989 | 5 Dec 1989 | -- | ||
122, 1991 | 27 June 1991 | s 31(2) | ||
199, 1991 | 18 Dec 1991 | Sch 2: 18 Dec 1991 (s 2) | -- | |
13, 1994 | 18 Jan 1994 | s 34 | ||
43, 1996 | 25 Oct 1996 | Sch 4 (items 87, 88) and Sch 5 (items 72-74): 25 Oct 1996 (s 2(1)) | -- | |
Workplace Relations and Other Legislation Amendment Act 1996 | 60, 1996 | 25 Nov 1996 | Sch 16 (item 29): 25 May 1997 (s 2(3)) | -- |
Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 | 44, 1999 | 17 June 1999 | Sch 6 (items 21-24) and Sch 8 (item 21): 17 June 1999 (s 3(1)) | -- |
Law and Justice Legislation Amendment Act 1999 | 125, 1999 | 13 Oct 1999 | Sch 8: 13 Oct 1999 (s 2(1)) | -- |
Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Sch 1 (items 511-514): 5 Dec 1999 (s 2(1), (2)) | -- |
Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 | 24, 2001 | 6 Apr 2001 | s 4(1), (2) and Sch 31: 24 May 2001 (s 2(1)(a)) | s 4(1) and (2) |
Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001 | 159, 2001 | 1 Oct 2001 | Sch 1 (items 62, 97): 29 Oct 2001 (s 2(1)) | Sch 1 (item 97) |
8, 2005 | 22 Feb 2005 | Sch 2 (items 125-129, 174): 22 Feb 2005 (s 2(1) item 12) | Sch 2 (item 174) | |
62, 2014 | 30 June 2014 | Sch 9 (items 159, 160) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 | |
as amended by |
|
|
|
|
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (items 7-9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | -- |
10, 2015 | 5 Mar 2015 | Sch 3 (items 219, 220, 348, 349): 5 Mar 2016 (s 2(1) item 2) | Sch 3 (items 348, 349) | |
Statute Law Revision Act (No. 1) 2016 | 4, 2016 | 11 Feb 2016 | Sch 4 (items 1, 184): 10 Mar 2016 (s 2(1) item 6) | -- |
Law and Justice Legislation Amendment (Northern Territory Local Court) Act 2016 | 26, 2016 | 23 Mar 2016 | Sch 1 (items 34, 35) | |
61, 2016 | 23 Sept 2016 | Sch 1 (items 273, 274): 21 Oct 2016 (s 2(1) item 1) | -- |
Provision affected | How affected |
Part I |
|
s 4..................... | am No. 13, 1994; No. 44, 1999; No. 8, 2005; No 62, 2014 |
s 4A.................... | ad No. 24, 2001 |
Part II |
|
Division 1 |
|
s 7..................... | am No 43, 1996; No 26, 2016 |
s 9..................... | am No. 43, 1996 |
s 11.................... | am No. 43, 1996 |
Part III |
|
s 17.................... | am No. 21, 1989 |
s 18.................... | am No. 13, 1994 |
s 19.................... | am No. 99, 1988; No. 13, 1994; No. 43, 1996; No. 24, 2001; No 10, 2015 ; No 4, 2016; No 61, 2016 |
s 20.................... | am No. 199, 1991; No. 13, 1994; No. 43, 1996; No. 159, 2001 |
s 21.................... | am No. 13, 1994; No. 43, 1996 |
s 22.................... | rs No. 122, 1991 |
| am No. 13, 1994; No. 146, 1999 |
s 23.................... | am No. 13, 1994; No. 43, 1996 |
s 24.................... | am No. 122, 1991; No. 13, 1994; No. 43, 1996 |
s 25.................... | am No. 13, 1994; No. 43, 1996; No. 146, 1999 |
s 26.................... | am No. 63, 1984; No. 199, 1991; No. 13, 1994; No. 146, 1999 |
s 27.................... | am No. 43, 1996 |
s 28.................... | am No. 13, 1994 |
s 29.................... | rep No. 65, 1985 |
Part IV |
|
s 30.................... | am No. 13, 1994; No. 60, 1996 |
s 33.................... | am No. 13, 1994 |
Part V |
|
s 35.................... | am No. 8, 2005 |
s 39.................... | am No. 44, 1999; No. 8, 2005; No 62, 2014 |
s 40.................... | am No. 157, 1989 |
s 41.................... | am No. 13, 1994; No. 44, 1999 |
s 43.................... | am No. 43, 1996; No. 24, 2001; No 4, 2016; No 61, 2016 |
Part VI |
|
s 45.................... | am No. 13, 1994 |
s 47.................... | am No. 43, 1996; No. 8, 2005 |
s 49.................... | ad No. 125, 1999 |