JUDICIARY ACT 1903

This compilation was prepared on 11 November 2009
taking into account amendments up to Act No. 106 of 2009

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated
may be affected by application provisions that are set out in
the Notes section

Prepared by the Office of Legislative Drafting and Publishing ,
Attorney‑General's Department, Canberra

Contents

Part I--Preliminary 1

1............ Short title [see Note 1] ....................................................................... 1

2............ Interpretation ...................................................................................... 1

3A......... Extension to Territories ...................................................................... 2

Part III--Jurisdiction and powers of the High Court generally 3

Division 1--Exercise of jurisdiction 3

15.......... Exercise of jurisdiction ........................................................................ 3

Division 2--Jurisdiction of single Justice 4

16.......... Jurisdiction in Chambers .................................................................... 4

17.......... State Supreme Courts invested with jurisdiction in Chambers .......... 4

18.......... Reference to Full Court ...................................................................... 4

Division 3--Full Court 5

19.......... Quorum of a Full Court ...................................................................... 5

20.......... Appeals from Judges of federal jurisdiction ....................................... 5

21.......... Applications for special leave to appeal to High Court ..................... 5

22.......... Quorum for granting leave to appeal to the Queen in Council or to High Court 6

23.......... Decision in case of difference of opinion ............................................ 6

Division 4--Enforcement of process 7

24.......... Contempt ............................................................................................ 7

25.......... Powers of court to extend to whole Commonwealth ......................... 7

Division 4A--Summary judgment 8

25A....... Summary judgment ............................................................................. 8

Division 5--Costs 9

26.......... Costs ................................................................................................... 9

27.......... No appeal as to costs ......................................................................... 9

Division 6--Defendants 10

28.......... Non‑appearance of some defendants ................................................ 10

29.......... Absent defendants ............................................................................ 10

Part IV--Original jurisdiction of the High Court 11

30.......... Original jurisdiction conferred .......................................................... 11

31.......... Judgment and execution .................................................................... 11

32.......... Complete relief to be granted ............................................................ 11

33.......... Mandamus Prohibition Ouster of office ........................................... 12

33A....... Awards may be made Rules of Court ............................................... 12

Part V--Appellate jurisdiction of the High Court 13

Division 1--Appeals 13

34.......... Appeals from Justices of High Court ............................................... 13

35.......... Appeal from courts of States ........................................................... 13

35AA.... Appeals from Supreme Court of a Territory ................................... 14

35A....... Criteria for granting special leave to appeal ...................................... 14

Division 2--Power of Court 15

36.......... New Trials ........................................................................................ 15

37.......... Form of judgment on appeal ............................................................. 15

Part VI--Exclusive and invested jurisdiction 16

38.......... Matters in which jurisdiction of High Court exclusive ..................... 16

39.......... Federal jurisdiction of State Courts in other matters ........................ 16

39A....... Federal jurisdiction invested in State Courts by other provisions ... 17

39B....... Original jurisdiction of Federal Court of Australia ........................... 17

Part VII--Removal of causes 22

40.......... Removal by order of the High Court ................................................ 22

41.......... Proceedings after removal ................................................................. 23

42.......... Remittal of causes ............................................................................. 23

43.......... Effect of interlocutory orders etc. before removal of cause .............. 23

44.......... Remittal of matters by High Court to other courts .......................... 24

45.......... Defence in causes removed to High Court ........................................ 25

Part VIII--Enforcement of certain orders concerning court proceedings 26

46.......... Interpretation .................................................................................... 26

47.......... Application ....................................................................................... 26

48.......... Crown to be bound ........................................................................... 26

49.......... Contravention of order to constitute contempt ................................ 26

50.......... Reports ............................................................................................. 27

51.......... Application of this Part .................................................................... 28

Part VIIIA--Legal practitioners 29

55A....... Right of barristers and solicitors admitted in federal courts to practise in those courts 29

55B....... Right to practise as barrister or solicitor in federal courts and courts exercising federal jurisdiction 29

55C....... Register of Practitioners ................................................................... 31

55D....... Right to practise as barrister or solicitor in Territories .................... 32

55E........ Attorney‑General's lawyers ............................................................. 34

55F........ Attorney‑General's lawyer may act for more than one party ......... 35

55G....... Commonwealth may charge for services of Attorney‑General's lawyer 35

55H....... Lawyers employed by a State, the Australian Capital Territory or the Northern Territory 35

Part VIIIB--The Australian Government Solicitor 37

Division 1--Definitions 37

55I......... Definitions ........................................................................................ 37

Division 2--Establishment and functions of the Australian Government Solicitor 38

55J........ Establishment of the Australian Government Solicitor .................... 38

55K....... Functions .......................................................................................... 38

55L........ Powers .............................................................................................. 38

55M...... Constitution ...................................................................................... 39

55N....... Persons and bodies for whom the AGS may provide services ......... 39

55P........ AGS may charge for services ............................................................ 40

Division 3--Capacity of AGS and AGS lawyers to act 42

55Q....... AGS lawyers .................................................................................... 42

55R....... AGS may act for more than one party ............................................. 42

Division 4--Appointment and terms and conditions of CEO and staff 43

55S........ Chief Executive Officer of the AGS ................................................. 43

55T....... Appointment of CEO ....................................................................... 43

55U....... Terms and conditions of appointment ............................................. 43

55V....... Resignation ....................................................................................... 43

55W...... Termination of CEO's appointment ................................................ 44

55X....... CEO must disclose interests ............................................................. 44

55Y....... Outside employment ........................................................................ 44

55Z....... Acting CEO ...................................................................................... 44

55ZA.... Delegation ......................................................................................... 45

55ZB..... Staff and consultants ........................................................................ 45

Division 5--Money 46

55ZC..... Exemption from State and Territory taxation ................................... 46

55ZD.... AGS must make tax‑equivalent payments to the Commonwealth ... 46

55ZE..... Corporate governance requirements ................................................. 46

Part VIIIC--Attorney‑General's Legal Services Directions 48

55ZF..... Attorney‑General may issue directions ............................................ 48

55ZG.... Compliance with Legal Services Directions ...................................... 49

55ZH.... Legal Services Directions and legal professional privilege ................ 49

55ZI...... Anything done under Legal Services Directions not actionable ........ 50

Part IX--Suits by and against the Commonwealth and the States 51

56.......... Suits against the Commonwealth ...................................................... 51

57.......... Suits by a State against the Commonwealth ..................................... 51

58.......... Suits against a State in matters of federal jurisdiction ...................... 51

59.......... Suits between States ......................................................................... 52

60.......... Injunction against a State and its officers ......................................... 52

61.......... Suits by Commonwealth .................................................................. 52

62.......... Suits by a State ................................................................................. 52

63.......... Service of process when Commonwealth or State is party .............. 52

64.......... Rights of parties ............................................................................... 52

65.......... No execution against Commonwealth or a State ............................... 53

66.......... Performance by Commonwealth or State ......................................... 53

67.......... Execution by Commonwealth or State ............................................. 53

Part IXA--Suits relating to the Northern Territory 54

67A....... Interpretation .................................................................................... 54

67B....... Suits between Commonwealth and Northern Territory ................... 54

67C....... Jurisdiction of Supreme Court of Territory ..................................... 54

67D....... Prosecution of indictable offences in Supreme Court of Territory .. 55

67E........ No execution against Territory ......................................................... 55

67F........ Effect of this Part ............................................................................. 55

Part X--Criminal jurisdiction 56

Division 1--Application of laws 56

68.......... Jurisdiction of State and Territory courts in criminal cases ............. 56

Division 2--Indictable offences 60

69.......... Indictments ....................................................................................... 60

70.......... Offences committed in several States ............................................... 60

70A....... Indictable offence not committed in a State ...................................... 61

71.......... Discharge of persons committed for trial ......................................... 61

71A....... Trial of indictable offence without preliminary examination ............ 61

Division 3--Appeals 63

72.......... Reservation of points of law ............................................................ 63

73.......... Hearing .............................................................................................. 63

74.......... Effect of order of Full Court ............................................................. 64

75.......... Certain errors not to avoid conviction .............................................. 64

76.......... Appeal from arrest of judgment ....................................................... 65

77.......... No other appeal ................................................................................ 65

Part XA--Procedure of the High Court 66

Division 1--Trials 66

77A....... Trial without jury ............................................................................. 66

77B....... Power of High Court to direct trial with jury ................................... 66

77C....... Trial of an issue and new trials ......................................................... 66

77D....... Juries ................................................................................................. 66

Division 2--Evidence 68

77E........ Production of books ......................................................................... 68

77F........ Oaths and affirmations ..................................................................... 68

77G....... Orders and commissions for examination of witnesses .................... 68

77H....... Oral and affidavit evidence ............................................................... 69

Division 3--Defects and errors 70

77J........ Amendment ...................................................................................... 70

77K....... Formal defects not to invalidate ....................................................... 70

Division 4--Reserved judgments 71

77L........ Reserved judgments .......................................................................... 71

Division 5--Judgment and execution 72

77M...... Enforcement of judgments ................................................................ 72

77MA... Interest up to judgment .................................................................... 72

77N....... Interest on judgment debts ............................................................... 73

77P........ Interpleader ....................................................................................... 73

77Q....... Discharge of property taken in execution ......................................... 74

Division 6--Receivers and managers 75

77R....... Receivers and managers .................................................................... 75

Part XB--Appeals to the High Court 76

Division 1--Security 76

77S........ Security ............................................................................................. 76

Division 2--Procedure 77

77T....... Institution of appeals ....................................................................... 77

77U....... Stay of proceedings .......................................................................... 77

77V....... Death of party to an appeal ............................................................. 77

Part XI--Supplementary provisions 78

Division 1--Appearance of Parties 78

78.......... Appearance of parties ...................................................................... 78

Division 1A--Provisions relating to Constitutional matters 79

78AA.... State includes Australian Capital Territory and Northern Territory 79

78A....... Intervention by Attorneys‑General .................................................. 79

78B....... Notice to Attorneys‑General ............................................................ 80

Division 2--Application of laws 81

79.......... State or Territory laws to govern where applicable ......................... 81

80.......... Common law to govern ..................................................................... 82

80A....... Application of sections 79 and 80 to Territory courts .................... 82

81.......... Security of the peace and for good behaviour ................................... 82

Division 3--Venue 83

82.......... Venue in suits for penalties .............................................................. 83

83.......... Venue in suits for taxes ..................................................................... 83

84.......... Venue in suits for forfeiture .............................................................. 83

85.......... Property seized as forfeited ............................................................. 83

Division 4--Rules of Court 84

86.......... Rules of Court .................................................................................. 84

88.......... Regulations ....................................................................................... 85

The Schedule 86

Notes 87

Notes to the Judiciary Act 1903

Note 1

The Judiciary Act 1903 as shown in this compilation comprises Act No. 6, 1903 amended as indicated in the Tables below.

The Judiciary Act 1903 was affected by section 44 of the CSL Sale Act 1993.

For application, saving or transitional provisions made by the Corporations (Repeals, Consequentials and Transitionals) Act 2001, see Act No. 55, 2001.

All other relevant information pertaining to application, saving or transitional provisions prior to 31 March 1999 is not included in this compilation. For subsequent information see Table A.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Judiciary Act 1903	6, 1903	25 Aug 1903	25 Aug 1903
Judiciary Act 1906	5, 1906	28 Aug 1906	28 Aug 1906	--
Judiciary Act 1907	8, 1907	14 Oct 1907	14 Oct 1907	--
Judiciary Act 1910	34, 1910	1 Dec 1910	1 Dec 1910	--
Judiciary Act 1912	31, 1912	24 Dec 1912	24 Dec 1912	--
Judiciary Act 1914	11, 1914	29 Oct 1914	29 Oct 1914	--
Judiciary Act 1915	4, 1915	1 May 1915	1 May 1915	--
as amended by
Judiciary Act 1920	38, 1920	30 Oct 1920	30 Oct 1920	--
Judiciary Act 1920	38, 1920	30 Oct 1920	30 Oct 1920	--
Judiciary Act 1926	39, 1926	11 Aug 1926	11 Aug 1926	--
Judiciary Act 1927	9, 1927	8 Apr 1927	2 Sept 1929 (see Gazette 1929, p. 1854)	--
Judiciary Act 1932	60, 1932	5 Dec 1932	5 Dec 1932	--
Seat of Government Supreme Court Act 1933	34, 1933	9 Dec 1933	1 Jan 1934	--
Judiciary Act 1933	65, 1933	15 Dec 1933	15 Dec 1933	--
Statute Law Revision Act 1934	45, 1934	6 Aug 1934	6 Aug 1934	--
Judiciary Act 1937	5, 1937	3 July 1937	3 July 1937	S. 5
Judiciary Act 1939	43, 1939	23 Nov 1939	23 Nov 1939	--
Judiciary Act 1940	50, 1940	22 Aug 1940	22 Aug 1940	S. 3
Judiciary Act 1946	10, 1946	18 Apr 1946	16 May 1946	--
Salaries (Statutory Offices) Adjustment Act 1947	52, 1947	1 Nov 1947	1 Nov 1947	S. 2(2)
Judges' Pensions Act 1948	65, 1948	9 Dec 1948	9 Dec 1948	S. 13
Salaries (Statutory Offices) Adjustment Act 1950	51, 1950	14 Dec 1950	1 July 1950	--
Statute Law Revision Act 1950	80, 1950	16 Dec 1950	31 Dec 1950	Ss. 16 and 17
Judges' Remuneration Act 1955	17, 1955	9 June 1955	1 Jan 1955	--
Judiciary Act 1955	35, 1955	16 June 1955	14 July 1955	--
Judiciary Act 1959	50, 1959	22 May 1959	22 May 1959	--
Judiciary Act 1960	32, 1960	26 May 1960	26 May 1960	--
Judiciary Act (No. 2) 1960	109, 1960	16 Dec 1960	1 Oct 1960	--
Judiciary Act 1965	91, 1965	4 Dec 1965	1 July 1965	--
Judiciary Act 1966	55, 1966	27 Oct 1966	24 Nov 1966	S. 5(2)
Statute Law Revision (Decimal Currency) Act 1966	93, 1966	29 Oct 1966	1 Dec 1966	--
Judiciary Act 1968	134, 1968	9 Dec 1968	6 Jan 1969	S. 5
Judiciary Act 1969	39, 1969	14 June 1969	14 June 1969	--
Statute Law Revision Act 1973	216, 1973	19 Dec 1973	31 Dec 1973	Ss. 9(1) and 10
Judiciary Amendment Act 1976	164, 1976	9 Dec 1976	Ss. 3-9, 11-17 and 18 (to the extent it amends s. 39A(1)(b) of Principal Act): 1 Feb 1977 (see Gazette 1977, No. S3, p. 2) Remainder: Royal Assent	Ss. 6(2), 8(2), 9(2) and (3)
Administrative Changes (Consequential Provisions) Act 1978	36, 1978	12 June 1978	12 June 1978	S. 8(2)
Jurisdiction of Courts (Miscellaneous Amendments) Act 1979	19, 1979	28 Mar 1979	Parts II-XVII (ss. 3-123): 15 May 1979 (see Gazette 1979, No. S86) Remainder: Royal Assent	S. 124
Judiciary Amendment Act 1979	86, 1979	31 Aug 1979	1 Oct 1979 (see Gazette 1979, No. S187)	--
Judiciary Amendment Act (No. 2) 1979	138, 1979	23 Nov 1979	21 Apr 1980 (see s. 2 and Gazette 1980, No. S82)	S. 18 (am. by 61, 1981, s. 115)
as amended by
Statute Law Revision Act 1981	61, 1981	12 June 1981	S. 115: Royal Assent (a)	--
Statute Law (Miscellaneous Amendments) Act (No. 1) 1982	26, 1982	7 May 1982	Part XXVI (ss. 160, 161): 4 June 1982 (b)	--
Statute Law (Miscellaneous Provisions) Act (No. 1) 1983	39, 1983	20 June 1983	S. 3: Royal Assent (c)	S. 7(1)
Statute Law (Miscellaneous Provisions) Act (No. 2) 1983	91, 1983	22 Nov 1983	S. 3: 31 May 1985 (see Gazette 1985, No. S177) (d)	Ss. 2(14) and 6(1)
Director of Public Prosecutions (Consequential Amendments) Act 1983	114, 1983	14 Dec 1983	Part X (ss. 20-22): 5 Mar 1984 (see Gazette 1984, No. S55) (e)	--
Judiciary Amendment Act 1984	7, 1984	4 Apr 1984	4 Apr 1984	--
Judiciary Amendment Act (No. 2) 1984	12, 1984	10 Apr 1984	Ss. 3-6: 1 June 1984 (see Gazette 1984, No. S153) S. 7: 1 July 1984 (see Gazette 1984, No. S231) Remainder: Royal Assent	S. 3(2)
Statute Law (Miscellaneous Provisions) Act (No. 1) 1984	72, 1984	25 June 1984	S. 3: (f)	S. 5(1)
Statute Law (Miscellaneous Provisions) Act (No. 2) 1984	165, 1984	25 Oct 1984	S. 3: 22 Nov 1984 (g)	S. 6(1)
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985	65, 1985	5 June 1985	S. 3: 1 Mar 1986 (see Gazette 1986, No. S67) (h)	S. 10
Judiciary Amendment Act 1986	1, 1986	19 Feb 1986	19 Feb 1986	--
Statute Law (Miscellaneous Provisions) Act 1988	38, 1988	3 June 1988	S. 3: Royal Assent (j)	S. 5(1)
Industrial Relations (Consequential Provisions) Act 1988	87, 1988	8 Nov 1988	Ss. 1 and 2: Royal Assent Remainder: 1 Mar 1989 (see s. 2(2) and Gazette 1989, No. S53)	--
Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988	99, 1988	2 Dec 1988	2 Dec 1988	--
A.C.T. Self‑Government (Consequential Provisions) Act 1988	109, 1988	6 Dec 1988	S. 32 (in part): 11 May 1989 (see Gazette 1989, No. S164) (k)	--
Law and Justice Legislation Amendment Act 1988	120, 1988	14 Dec 1988	Part XIII (ss. 40, 41): Royal Assent (l)	S. 41(2)
Crimes Legislation Amendment Act 1989	108, 1989	30 June 1989	S. 10: 30 June 1990 Parts 5-7 (ss. 17-35): 28 July 1989 Part 8 (ss. 36-43): 1 July 1989 Remainder: Royal Assent	--
Courts and Tribunals Administration Amendment Act 1989	157, 1989	5 Dec 1989	Part 1 (ss. 1, 2) and Part 6 (ss. 17, 18): Royal Assent Remainder: 1 Jan 1990 (see Gazette 1989, No. S398)	S. 25
Law and Justice Legislation Amendment Act 1989	11, 1990	17 Jan 1990	Part 1 (ss. 1, 2) and Part 3 (ss. 6, 7): Royal Assent Ss. 8-10 and Schedule 1: 17 July 1990 Remainder: 14 Feb 1990	--
Territories Law Reform Act 1992	104, 1992	30 June 1992	Ss. 1, 2, 25 and 26: Royal Assent Ss. 9, 10, 19, 21 and 22: 29 June 1993 (see Gazette 1993, No. S196) Remainder: 1 July 1992	--
Law and Justice Legislation Amendment Act (No. 3) 1992	165, 1992	11 Dec 1992	S. 4: Royal Assent (m)	--
Industrial Relations Reform Act 1993	98, 1993	22 Dec 1993	Div. 3 of Part 7 (s. 62): 30 Mar 1994 (see Gazette 1994, No. S104) (n)	--
Law and Justice Legislation Amendment Act 1993	13, 1994	18 Jan 1994	S. 22: 13 Jan 1993 Part 6 (ss. 27-41): 11 Apr 1994 (see Gazette 1994, No. S126) Remainder: Royal Assent	--
Law and Justice Legislation Amendment Act 1994	84, 1994	23 June 1994	Ss. 86-88: Royal Assent (o)	S. 86
Law and Justice Legislation Amendment Act (No. 2) 1994	141, 1994	28 Nov 1994	Schedule 2 (items 113-150): Royal Assent (p)	--
Evidence (Transitional Provisions and Consequential Amendments) Act 1995	3, 1995	23 Feb 1995	S. 14: Royal Assent S. 24: 18 Apr 1995 (see s. 2(10)) (q)	S. 14
Law and Justice Legislation Amendment Act (No. 1) 1995	175, 1995	16 Dec 1995	16 Dec 1995	--
Workplace Relations and Other Legislation Amendment Act 1996	60, 1996	25 Nov 1996	Schedule 16 (items 60, 61, 65): 25 May 1997 (r) Schedule 19 (item 23): Royal Assent (r)	S. 2(2) (am. by 77, 1996, Sch. 3 [items 1]) Sch. 16 (item 65)
as amended by
Workplace Relations and Other Legislation Amendment Act (No. 2) 1996	77, 1996	19 Dec 1996	Schedule 3 (item 1): (s)	--
Law and Justice Legislation Amendment Act 1999	125, 1999	13 Oct 1999	Schedule 14 (item 2): 25 May 1997 (sa)	--
Law and Justice Legislation Amendment Act 1997	34, 1997	17 Apr 1997	Schedule 11: Royal Assent (t)	--
Judiciary Amendment Act 1999	7, 1999	31 Mar 1999	Schedules 1-3: 1 Sept 1999 (see Gazette 1999, No. S395) Remainder: Royal Assent	Sch. 2 [see Table A]
Law and Justice Legislation Amendment Act 1999	125, 1999	13 Oct 1999	Schedule 10: Royal Assent (u)	Sch. 10 (item 4) [see Table A]
Public Employment (Consequential and Transitional) Amendment Act 1999	146, 1999	11 Nov 1999	Schedule 1 (items 552-554): 5 Dec 1999 (see Gazette 1999, No. S584) (v)	--
as amended by
Statute Law Revision Act 2002	63, 2002	3 July 2002	Schedule 2 (item 24): (va)	--
Jurisdiction of Courts Legislation Amendment Act 2000	57, 2000	30 May 2000	Schedule 1 (item 56): 1 July 2000 (see Gazette 2000, No. GN25) (w) Schedule 2 (items 11-16): Royal Assent (w)	Sch. 2 (item 16) [see Table A]
Corporations (Repeals, Consequentials and Transitionals) Act 2001	55, 2001	28 June 2001	Ss. 4-14 and Schedule 3 (item 304): 15 July 2001 (see Gazette 2001, No. S285) (x)	Ss. 4-14 [see Note 1]
Jurisdiction of Courts Legislation Amendment Act 2002	70, 2002	3 Sept 2002	Schedules 1 and 2: 14 Oct 2002 (see Gazette 2002, No. GN40) Remainder: Royal Assent	--
Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003	140, 2003	17 Dec 2003	S. 4 and Schedule 1 (items 29-31): (y)	S. 4 [see Table A]
Law and Justice Legislation Amendment Act 2004	62, 2004	26 May 2004	Schedule 1 (item 43): 27 May 2004	--
National Security Information (Criminal Proceedings) (Consequential Amendments) Act 2004	151, 2004	14 Dec 2004	Schedules 1 and 2: (z) Remainder: Royal Assent	--
National Security Information Legislation Amendment Act 2005	89, 2005	6 July 2005	Schedule 1: 3 Aug 2005 Remainder: Royal Assent	--
Statute Law Revision Act 2005	100, 2005	6 July 2005	Schedule 1 (item 28): Royal Assent	--
Migration Litigation Reform Act 2005	137, 2005	15 Nov 2005	Schedule 1: 1 Dec 2005 (see F2005L03684) Remainder: Royal Assent	Sch. 1 (items 40, 42, 44, 45) [see Table A]
Judiciary Legislation Amendment Act 2006	151, 2006	7 Dec 2006	7 Dec 2006	Sch. 1 (items 7-16) [see Table A]
Judiciary Amendment Act 2008	71, 2008	1 July 2008	2 July 2008	Sch. 1 (item 3) [see Table A]
Fair Work (State Referral and Consequential and Other Amendments) Act 2009	54, 2009	25 June 2009	S. 4: Royal Assent Schedule 5 (items 38, 85): (za)	S. 4 and Sch. 5 (item 85) [see Table A]
Federal Court of Australia Amendment (Criminal Jurisdiction) Act 2009	106, 2009	6 Nov 2009	Schedule 1 (items 6, 98-108): [see Note 2]	--

(a) The Judiciary Amendment Act (No. 2) 1979 was amended by section 115 only of the Statute Law Revision Act 1981, subsection 2(1) of which provides as follows:

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

(b) The Judiciary Act 1903 was amended by Part XXVI (sections 160 and 161) only of the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982, subsection 2(12) of which provides as follows:

(12) The remaining provisions of this Act shall come into operation on the twenty‑eighth day after the day on which this Act receives the Royal Assent.

(c) The Judiciary Act 1903 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, subsection 2(12) of which provides as follows:

(12) The amendments of the Judiciary Act 1903 made by this Act shall come into operation on the day on which this Act receives the Royal Assent.

(d) The Judiciary Act 1903 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1983, subsections 2(1) and (8) of which provide as follows:

(1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.

(8) Section 88 of the Judiciary Act 1903 as enacted by this Act shall come into operation on a date to be fixed by Proclamation.

(e) The Judiciary Act 1903 was amended by Part X (sections 20-22) only of the Director of Public Prosecutions (Consequential Amendments) Act 1983, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation, or shall be deemed to have come into operation, as the case requires, on the day on which the Director of Public Prosecutions Act 1983 comes into operation.

(f) The Judiciary Act 1903 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984, subsections 2(1) and (15) of which provide as follows:

(1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.

(15) The amendments of section 44 of the Judiciary Act 1903 made by this Act shall come into operation on 1 June 1984 or the day on which this Act receives the Royal Assent, whichever is the later.

(g) The Judiciary Act 1903 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.

(h) The Judiciary Act 1903 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(26) of which provides as follows:

(26) The amendment of the Judiciary Act 1903 made by this Act shall come into operation on the day on which the amendment of the Federal Court of Australia Act 1976 made by this Act comes into operation.

(j) The Judiciary Act 1903 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1988, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(k) The Judiciary Act 1903 was amended by section 32 (in part) only of the A.C.T. Self‑Government (Consequential Provisions) Act 1988, subsection 2(3) of which provides as follows:

(3) The remaining provisions of this Act (including the amendments made by Schedule 5) commence on a day or days to be fixed by Proclamation.

(l) The Judiciary Act 1903 was amended by Part XIII (sections 40 and 41) only of the Law and Justice Legislation Amendment Act 1988, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(m) The Judiciary Act 1903 was amended by section 4 only of the Law and Justice Legislation Amendment Act (No. 3) 1992, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(n) The Judiciary Act 1903 was amended by Division 3 of Part 7 (section 62) only of the Industrial Relations Reform Act 1993, subsection 2(4) of which provides as follows:

(4) Subject to subsection (5), Divisions 2, 3 and 4 of Part 7 commence on a day to be fixed by Proclamation.

(o) The Judiciary Act 1903 was amended by sections 87 and 88 only of the Law and Justice Legislation Amendment Act 1994, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(p) The Judiciary Act 1903 was amended by Schedule 2 (items 113-150) only of the Law and Justice Legislation Amendment Act (No. 2) 1994, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(q) The Judiciary Act 1903 was amended by section 24 only of the Evidence (Transitional Provisions and Consequential Amendments) Act 1995, subsection 2(10) of which provides as follows:

(10) Sections 21, 23, and 24 of this Act commence on the day on which section 21 of the Evidence Act 1995 commences.

(r) The Judiciary Act 1903 was amended by Schedule 16 (items 60 and 61) and Schedule 19 (item 23) only of the Workplace Relations and Other Legislation Amendment Act 1996, subsections 2(1)-(3) of which provide as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) Subject to subsection (3), the items of the Schedules, other than Schedule 5, item 1 of Schedule 9, item 90 of Schedule 16 and the items of Schedules 12 and 19, commence on a day or days to be fixed by Proclamation.

(3) If an item of a Schedule does not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

(s) The Workplace Relations and Other Legislation Amendment Act 1966 was amended by Schedule 3 (item 1) of the Workplace Relations and Other Legislation Amendment Act (No. 2) 1996, subsection 2(4) of which provides as follows:

(4) The items of Schedule 3 are taken to have commenced immediately after the Workplace Relations and Other Legislation Amendment Act 1996 received the Royal Assent.

The Workplace Relations and Other Legislation Amendment Act 1996 received the Royal Assent on 25 November 1996.

(sa) The Workplace Relations and Other Legislation Amendment Act 1996 was amended by Schedule 14 (item 2) only of the Law and Justice Legislation Amendment Act 1999, subsection 2(8) of which provides as follows:

(8) Item 2 of Schedule 14 is taken to have commenced on 25 May 1997, immediately after the commencement of item 60 of Schedule 16 to the Workplace Relations and Other Legislation Amendment Act 1996.

(t) The Judiciary Act 1903 was amended by Schedule 11 only of the Law and Justice Legislation Amendment Act 1997, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(u) The Judiciary Act 1903 was amended by Schedule 10 only of the Law and Justice Legislation Amendment Act 1999, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(v) The Judiciary Act 1903 was amended by Schedule 1 (items 552-554) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.

(2) Subject to this section, this Act commences at the commencing time.

(va) Subsection 2(1) (item 53) of the Statute Law Revision Act 2002 provides as follows:

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
53. Schedule 2, item 24	Immediately after the time specified in the Public Employment (Consequential and Transitional) Amendment Act 1999 for the commencement of item 552 of Schedule 1 to that Act	5 December 1999

(w) The Judiciary Act 1903 was amended by Schedule 1 (item 56) and Schedule 2 (items 11-15) only of the Jurisdiction of Courts Amendment Act 2000, subsections 2(1) and (2) of which provide as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) The items in Schedule 1, other than items 77 to 90, commence on a day or days to be fixed by Proclamation.

(x) The Judiciary Act 1903 was amended by Schedule 3 (item 304) only of the Corporations (Repeals, Consequentials and Transitionals) Act 2001, subsections 2(1) and (3) of which provide as follows:

(1) Subject to this section, this Act commences, or is taken to have commenced, at the same time as the Corporations Act 2001.

(3) Subject to subsections (4) to (10), Schedule 3 commences, or is taken to have commenced, at the same time as the Corporations Act 2001.

(y) Subsection 2(1) (items 2 and 3) of the Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 provide as follows:

(1) Each provision of this Act specified in column 1 of the table commences on the day or at the time specified in column 2 of the table.

Provision(s)	Commencement	Date/Details
2. Sections 4 and 5	Immediately after the commencement of sections 3 to 62 of the Legislative Instruments Act 2003	1 January 2005
3. Schedule 1	Immediately after the commencement of sections 3 to 62 of the Legislative Instruments Act 2003	1 January 2005

(z) Subsection 2(1) (item 2) of the National Security Information (Criminal Proceedings) (Consequential Amendments) Act 2004 provides as follows:

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Provision(s)	Commencement	Date/Details
2. Schedules 1 and 2	Immediately after the commencement of sections 3 to 49 of the National Security Information (Criminal Proceedings) Act 2004.	11 January 2005

(za) Subsection 2(1) (items 13 and 21) of the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 provides as follows:

Provision(s)	Commencement	Date/Details
13. Schedule 5, items 32 to 64	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009 (see F2009L02563)
21. Schedule 5, Part 3	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009 (see F2009L02563)

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Part I
S. 1......................................	am. No. 34, 1910; No. 45, 1934
	rs. No. 50, 1959
S. 1A...................................	ad. No. 50, 1959
	am. No. 55, 1966; No. 134, 1968
	rep. No. 216, 1973
S. 2......................................	am. No. 50, 1959; No. 216, 1973; No. 138, 1979; No. 165, 1992; No. 7, 1999; No. 100, 2005
S. 3......................................	rep. No. 216, 1973
S. 3A...................................	ad. No. 50, 1959
	am. No. 32, 1960
	rs. No. 55, 1966
	am. No. 216, 1973; No. 164, 1976
	rs. No. 164, 1976
Part II ..................................	rep. No. 138, 1979
Heading to Div. 1 of Part II...	ad. No. 216, 1973
	rep. No. 138, 1979
Heading preceding s. 4.......	rep. No. 216, 1973
S. 4......................................	am. No. 5, 1906; No. 31, 1912; No. 65, 1933; No. 10, 1946
	rep. No. 138, 1979
Ss. 5-7................................	rep. No. 138, 1979
S. 7A...................................	ad. No. 50, 1940
	rep. No. 138, 1979
S. 8......................................	rep. No. 138, 1979
S. 9......................................	am. No. 164, 1976
	rep. No. 138, 1979
Heading to Div. 2 of Part II...	ad. No. 216, 1973
	rep. No. 138, 1979
Heading preceding s. 10.....	rep. No. 216, 1973
S. 10....................................	am. No. 39, 1926
	rep. No. 138, 1979
S. 11....................................	am. No. 9, 1927; No. 50, 1959
	rep. No. 138, 1979
Ss. 12-14............................	rep. No. 138, 1979
Part III
Division 1
Heading to Div. 1 of Part III..	ad. No. 216, 1973
Division 2
Heading to Div. 2 of Part III..	ad. No. 216, 1973
Heading preceding s. 16.....	rep. No. 216, 1973
S. 17....................................	am. No. 138, 1979
S. 18....................................	am. No. 164, 1976
Division 3
Heading to Div. 3 of Part III..	ad. No. 216, 1973
Heading preceding s. 19.....	rep. No. 216, 1973
S. 21....................................	am. No. 216, 1973; No. 164, 1976; Nos. 19 and 138, 1979
S. 22....................................	am. No. 164, 1976
S. 23....................................	rs. No. 31, 1912
	am. No. 38, 1920; No. 138, 1979; No. 98, 1993; No. 141, 1994; No. 60, 1996 (as am. by No. 125, 1999)
Division 4
Heading to Div. 4 of Part III..	ad. No. 216, 1973
Heading preceding s. 24.....	rep. No. 216, 1973
Division 4A
Div. 4A of Part III..................	ad. No. 137, 2005
S. 25A.................................	ad. No. 137, 2005
Division 5
Heading to Div. 5 of Part III..	ad. No. 216, 1973
Heading preceding s. 26.....	rep. No. 216, 1973
Division 6
Heading to Div. 6 of Part III..	ad. No. 216, 1973
Heading preceding s. 28.....	rep. No. 216, 1973
Part IV
Heading preceding s. 30.....	rep. No. 216, 1973
S. 30....................................	am. No. 11, 1914; No. 4, 1915; No. 43, 1939
S. 30A.................................	ad. No. 11, 1914
	rep. No. 43, 1939
S. 30B.................................	ad. No. 9, 1927
	rep. No. 34, 1933
S. 33A.................................	ad. No. 38, 1920
Part V
Division 1
Heading to Div. 1 of Part V..	ad. No. 216, 1973
Heading preceding s. 34.....	rep. No. 216, 1973
S. 34....................................	am. No. 38, 1988
S. 34A.................................	ad. No. 9, 1927
	rep. No. 34, 1933
S. 35....................................	am. No. 45, 1934; No. 35, 1955; No. 93, 1966; No. 216, 1973
	rs. No. 164, 1976
	am. No. 19, 1979; No. 12, 1984
Heading to s. 35AA.............	am. No. 70, 2002
S. 35AA..............................	ad. No. 65, 1985
	am. No. 70, 2002
S. 35A.................................	ad. No. 12, 1984
Division 2
Heading to Div. 2 of Part V..	ad. No. 216, 1973
Heading preceding s. 36.....	rep. No. 216, 1973
Part VI
S. 38....................................	am. No. 12, 1984; No. 57, 2000
Note to s. 38........................	ad. No. 57, 2000
S. 38A.................................	ad. No. 8, 1907
	rep. No. 164, 1976
Subhead. to s. 39(2)(d)......	rep. No. 151, 2006
S. 39....................................	am. No. 8, 1907; No. 45, 1934; No. 134, 1968; No. 164, 1976; No. 72, 1984; No. 151, 2006
S. 39A.................................	ad. No. 134, 1968
	am. No. 164, 1976; No. 151, 2006
Subhead. to s. 39B(1).........	ad. No. 89, 2005
Subhead. to s. 39B(1B)......	ad. No. 89, 2005
Subhead. to s. 39B(1F).......	ad. No. 89, 2005
Subheads. to s. 39B(2), (3)	ad. No. 89, 2005
S. 39B.................................	ad. No. 91, 1983
	am. No. 72, 1984; No. 87, 1988; No. 98, 1993; No. 60, 1996; No. 34, 1997; No. 125, 1999; No. 57, 2000; No. 151, 2004; No. 89, 2005; No. 54, 2009
Part VII
Part VII ................................	rs. No. 164, 1976
S. 40....................................	am. No. 7, 1907
	rs. No. 164, 1976
	am. No. 138, 1979; No. 91, 1983; No. 165, 1992
S. 40A.................................	ad. No. 8, 1907
	rep. No. 164, 1976
S. 41....................................	am. No. 8, 1907
	rs. No. 164, 1976
S. 42....................................	rs. No. 164, 1976
S. 43....................................	am. No. 8, 1907
	rs. No. 164, 1976
S. 44....................................	rs. No. 164, 1976
	am. No. 91, 1983; Nos. 12 and 72, 1984; No. 137, 2005
S. 45....................................	rs. No. 164, 1976
	am. No. 141, 1994
Part VIII
Part VIII ...............................	rep. No. 138, 1979
	ad. No. 7, 1984
Heading to Div. 1 of Part VIII	ad. No. 216, 1973
	rep. No. 138, 1979
S. 46....................................	rep. No. 164, 1976
	ad. No. 7, 1984
Heading preceding s. 47.....	rep. No. 216, 1973
S. 47....................................	am. No. 52, 1947; No. 51, 1950; No. 17, 1955; No. 109, 1960; No. 91, 1965; No. 93,1966; No. 39, 1969
	rs. No. 164, 1976
	rep. No. 138, 1979
	ad. No. 7, 1984
S. 48....................................	am. No. 39, 1969; No. 164, 1976
	rep. No. 138, 1979
	ad. No. 7, 1984
Heading preceding s. 48A..	ad. No. 39, 1926
	rep. No. 138, 1979
S. 48A.................................	ad. No. 39, 1926
	rep. No. 65, 1948
Heading preceding s. 49.....	rep. No. 55, 1966
S. 49....................................	am. No. 9, 1927; No. 50, 1959
	rep. No. 55, 1966
	ad. No. 7, 1984
S. 50....................................	am. No. 50, 1959
	rep. No. 55, 1966
	ad. No. 7, 1984
	am. No. 141, 1994
Heading to Div. 2 of Part VIII	ad. No. 216, 1973
	rep. No. 138, 1979
Heading preceding s. 51.....	rep. No. 216, 1973
S. 51....................................	am. No. 216, 1973
	rep. No. 138, 1979
	ad. No. 7, 1984
S. 52....................................	rep. No. 138, 1979
Heading preceding s. 53.....	rep. No. 216, 1973
S. 53....................................	rep. No. 138, 1979
Heading to Div. 3 of Part VIII	ad. No. 216, 1973 rep. No. 138, 1979
S. 54....................................	am. No. 80, 1950
	rep. No. 138, 1979
. 55......................................	rep. No. 138, 1979
Part VIIIA
Part VIIIA ............................	ad. No. 55, 1966
S. 55A.................................	ad. No. 55, 1966
	am. No. 164, 1976
S. 55B.................................	ad. No. 55, 1966
	am. No. 164, 1976; No. 38, 1988; No. 141, 1994; No. 125, 1999
S. 55C.................................	ad. No. 55, 1966
	am. No. 164, 1976; No. 138, 1979; Nos. 13 and 141, 1994
S. 55D.................................	ad. No. 55, 1966
	am. No. 216, 1973; No. 164, 1976; No. 86, 1979; No. 38, 1988; No. 104, 1992
S. 55E..................................	ad. No. 55, 1966
	rs. No. 12, 1984
	am. No. 109, 1988; No. 11, 1990; No. 165, 1992
	rs. No. 7, 1999
	am. No. 146, 1999
S. 55F..................................	ad. No. 165, 1992
	rs. No. 7, 1999
S. 55G.................................	ad. No. 165, 1992
	rs. No. 7, 1999
	am. No. 146, 1999
S. 55H.................................	ad. No. 34, 1997
Part VIIIB
Part VIIIB .............................	ad. No. 7, 1999
Division 1
S. 55I...................................	ad. No. 7, 1999
	am. No. 55, 2001
Division 2
Ss. 55J-55N........................	ad. No. 7, 1999
S. 55P..................................	ad. No. 7, 1999
Division 3
Ss. 55Q, 55R.......................	ad. No. 7, 1999
Division 4
Ss. 55S, 55T.......................	ad. No. 7, 1999
S. 55U.................................	ad. No. 7, 1999
	am. No. 62, 2004
Ss. 55V-55Z.......................	ad. No. 7, 1999
Ss. 55ZA, 55ZB..................	ad. No. 7, 1999
Division 5
Ss. 55ZC-55ZE...................	ad. No. 7, 1999
Part VIIIC
Part VIIIC..............................	ad. No. 7, 1999
Ss. 55ZF-55ZI....................	ad. No. 7, 1999
Part IX
S. 56....................................	am. No. 50, 1959
	rs. No. 32, 1960
	am. No. 164, 1976; No. 19, 1979
Ss. 61-63 ...........................	am. No. 141, 1994
S. 65....................................	am. No. 32, 1960; No. 164, 1976
S. 66....................................	am. No. 36, 1978
Part IXA
Part IXA ..............................	ad. No. 86, 1979
Ss. 67A-67F.......................	ad. No. 86, 1979
Part X
Division 1
Heading to Div. 1 of Part X..	ad. No. 216, 1973
Heading preceding s. 68.....	rep. No. 216, 1973
S. 68....................................	am. No. 38, 1920; No. 60, 1932; No. 164, 1976; No. 39, 1983; No. 141, 1994; No. 125, 1999; No. 151, 2006
Division 2
Heading to Div. 2 of Part X..	ad. No. 216, 1973
Heading preceding s. 69.....	rep. No. 216, 1973
S. 69....................................	am. No. 80, 1950; No. 164, 1976; No. 114, 1983; No. 1, 1986; No. 141, 1994
S. 70A.................................	ad. No. 164, 1976
S. 71....................................	am. No. 114, 1983; No. 141, 1994
S. 71A.................................	ad. No. 4, 1915
	am. No. 86, 1979; No. 108, 1989; No. 141, 1994
Division 3
Heading to Div. 3 of Part X..	ad. No. 216, 1973
Heading preceding s. 72.....	rep. No. 216, 1973
S. 72....................................	am. No. 4, 1915; No. 138, 1979; No. 141, 1994
S. 74....................................	am. No. 138, 1979; No. 141, 1994
S. 76....................................	am. No. 141, 1994
Part XA
Part XA ...............................	ad. No. 138, 1979
Division 1
Ss. 77A-77D.......................	ad. No. 138, 1979
Division 2
S. 77E..................................	ad. No. 138, 1979
	am. No. 141, 1994
S. 77F..................................	ad. No. 138, 1979
	am. Nos. 3 and 175, 1995
Ss. 77G, 77H.......................	ad. No. 138, 1979
	am. No. 141, 1994
Division 3
S. 77J..................................	ad. No. 138, 1979
S. 77K.................................	ad. No. 138, 1979
	am. No. 141, 1994
Division 4
S. 77L..................................	ad. No. 138, 1979
	am. Nos. 84 and 141, 1994
Division 5
S. 77M.................................	ad. No. 138, 1979
S. 77MA..............................	ad. No. 165, 1984
S. 77N.................................	ad. No. 138, 1979
Ss. 77P, 77Q.......................	ad. No. 138, 1979
Division 6
S. 77R.................................	ad. No. 138, 1979
	am. No. 141, 1994
Part XB
Part XB ...............................	ad. No. 138, 1979
Division 1
S. 77S ................................	ad. No. 138, 1979
Division 2
Ss. 77T, 77U ......................	ad. No. 138, 1979
S. 77V.................................	ad. No. 138, 1979
	am. No. 141, 1994
Part XI
Division 1
Heading to Div. 1 of Part XI.	ad. No. 216, 1973
Heading preceding s. 78.....	rep. No. 216, 1973
S. 78....................................	am. No. 164, 1976
Division 1A
Div. 1A of Part XI ................	ad. No. 164, 1976
S. 78AA..............................	ad. No. 91, 1983
	rs. No. 34, 1997
S. 78A.................................	ad. No. 164, 1976
	am. No. 38, 1988
S. 78B.................................	ad. No. 164, 1976
	am. No. 91, 1983; No. 141, 1994
Division 2
Heading to Div. 2 of Part XI.	ad. No. 216, 1973
Heading preceding s. 79.....	rep. No. 216, 1973
S. 79....................................	am. No. 138, 1979; No. 71, 2008
S. 80....................................	am. No. 138, 1979; No. 120, 1988
S. 80A.................................	ad. No. 50, 1959
	am. No. 32, 1960; No. 164, 1976; Nos. 86 and 138, 1979
S. 81....................................	am. No. 50, 1959
Division 3
Heading to Div. 3 of Part XI.	ad. No. 216, 1973
Heading preceding s. 82.....	rep. No. 216, 1973
Ss. 82-84 ...........................	am. No. 50, 1959
Division 4
Heading to Div. 4 of Part XI.	ad. No. 216, 1973
Heading preceding s. 86.....	rep. No. 216, 1973
S. 86....................................	am. No. 5, 1906; No. 5, 1937; No. 50, 1959; No. 138, 1979; No. 157, 1989; No. 140, 2003
S. 87....................................	rs. No. 5, 1937
	am. No. 216, 1973
	rs. No. 26, 1982
	am. No. 99, 1988
	rep. No. 140, 2003
S. 88....................................	ad. No. 34, 1910
	rep. No. 45, 1934
	ad. No. 91, 1983
	am. No. 157, 1989; No. 140, 2003
Part XII ................................	ad. No. 34, 1910
	rep. No. 45, 1934
Ss. 89-94 ...........................	ad. No. 34, 1910
	rep. No. 45, 1934
The Schedule
The Schedule......................	rs. No. 32, 1960
	am. No. 141, 1994

Note 2

Federal Court of Australia Amendment (Criminal Jurisdiction) Act 2009 (No. 106, 2009)

The following amendments commence on 4 December 2009:

Schedule 1

6 After section 68

Insert:

68A Committals jurisdiction if both Federal Court of Australia and State or Territory court have jurisdiction in relation to indictable offence

(1) This section applies if both:

(a) the Federal Court of Australia; and

(b) a court of a State or Territory (the superior State or Territory court);

have jurisdiction to try a person on indictment for an indictable offence against a law of the Commonwealth (the indictable offence).

Working out which court the person should be committed to

(2) If a court of the State or Territory (the State or Territory committals court) has, under subsection 68(2), jurisdiction with respect to the examination and commitment for trial on indictment of a person who is charged with the indictable offence, the court may, in exercising that jurisdiction:

(a) commit the person for trial on indictment for the offence before either:

(i) the Federal Court of Australia; or

(ii) the superior State or Territory court; or

(b) if the person pleads guilty to the offence, commit the person for sentencing for the offence by either:

(i) the Federal Court of Australia; or

(ii) the superior State or Territory court.

This subsection has effect subject to subsections (3) and (4).

Note: Paragraph (2)(b) refers to committal for sentencing. For the power of the State or Territory committal court to commit for sentencing, see subsection 68(7).

(3) Despite subsection 68(1), if:

(a) a person is charged with the indictable offence; and

(b) at the end of the proceedings before the State or Territory committals court, the State or Territory committals court proposes to make an order (the committal order) that the person be committed for trial on indictment, or for sentencing, for the indictable offence;

the State or Territory committals court must invite the Director of Public Prosecutions to suggest the court before which the person is to be tried or sentenced.

Note: The State or Territory committals court must make this invitation even if the Director of Public Prosecutions is not a party to the committal proceedings.

(4) When making the committal order, the State or Territory committals court must consider specifying the court suggested by the Director of Public Prosecutions as the court before which the person is to be tried or sentenced.

Committal court may grant bail to person to appear before Federal Court

(5) If the committal order relating to the person specifies the Federal Court of Australia, then a power of the State or Territory committals court:

(a) that is conferred by a law applying under subsection 68(1) in relation to indictable offences against the laws of the Commonwealth; and

(b) that enables the State or Territory committals court to grant bail to persons accused of such offences to appear before the superior State or Territory court if committed for trial, or for sentencing, before the superior State or Territory court;

applies as if the power included the power to grant bail to the first‑mentioned person to appear before the Federal Court of Australia.

Note: Appeals or reviews of the exercise of this power will be dealt with under the laws of the State or Territory applying under subsection 68(1). However, bail will be dealt with under Part VIB of the Federal Court of Australia Act 1976 once indictable primary proceedings (within the meaning of that Act) commence for the person.

If question about person's fitness to be tried

(6) Subsection 20B(1) of the Crimes Act 1914 applies as if the reference in that subsection to the court to which the proceedings would have been referred had the person been committed for trial were a reference to a court to which the proceedings could have been referred had the person been committed for trial.

Note: This means the committal court may choose whether to refer a question of the person's fitness to be tried to either the Federal Court of Australia or the superior State or Territory court.

68B Application of State and Territory laws if Federal Court of Australia and State or Territory court both have jurisdiction in relation to an offence

(1) To avoid doubt:

(a) subsection 68(1) applies to a person:

(i) who is charged with an offence against a law of the Commonwealth; and

(ii) in respect of whom jurisdiction is conferred on a court of a State or Territory by section 68;

even if jurisdiction in relation to that person and that offence is also conferred on the Federal Court of Australia by another law of the Commonwealth; and

(b) subsection 68(1) applies to the person and the offence in relation to:

(i) any proceedings in relation to the offence that are brought before a court of the State or Territory; and

(ii) any proceedings in relation to the offence that are brought before the Federal Court of Australia.

(2) Paragraph (1)(b) has effect subject to section 68C.

68C Adjustments to State and Territory laws applying to proceedings before Federal Court of Australia

(1) This section applies if:

(a) an offence referred to in subsection 68(1) is an indictable offence; and

(b) the Federal Court of Australia (the Federal Court) has jurisdiction to try a person on indictment for the offence; and

(i) indictable primary proceedings (within the meaning of the Federal Court of Australia Act 1976) (primary proceedings); or

(ii) criminal appeal proceedings (within the meaning of that Act) that relate to primary proceedings; or

(iii) proceedings under section 30CA of that Act that relate to primary proceedings; or

(iv) proceedings under section 30CB of that Act that relate to primary proceedings; or

(v) proceedings referred to the Federal Court under section 20B of the Crimes Act 1914 (as that section applies because of subsection 68A(6)).

The State or Territory in which trial proceedings must be heard

(2) If the proceedings are primary proceedings that:

(a) are to include either the person, the prosecutor or both appearing before the Federal Court in accordance with an order of a court of a State or Territory committing the person for trial on indictment before the Court for the offence; or

(b) if paragraph (a) does not apply--include the filing in the Federal Court, in a State or Territory, of an indictment against the person for the offence;

the Federal Court must hear the proceedings in that State or Territory unless and until the Federal Court makes an order under subsection (3).

Note: The place in which any other proceedings are to be heard is a matter for the Court.

(3) If the proceedings are covered by subsection (2), the Federal Court may, before the jury is empanelled for the trial, make an order specifying the State or Territory in which the Federal Court will hear the proceedings.

(4) Subsections (2) and (3) have effect subject to section 80 of the Constitution and sections 70 and 70A.

Which State's or Territory's laws are to apply?

(5) The laws to be applied under subsection 68(1) in relation to the proceedings are those referred to in the following table:

Laws applicable in relation to the proceedings
Item	If the proceedings are ...	the laws to be applied are ...
1	primary proceedings (other than proceedings for the sentencing of the person following a trial in the Federal Court)	the laws of the State or Territory in which the Federal Court hears the proceedings.
2	primary proceedings for the sentencing of the person following a trial in the Federal Court	the laws of the State or Territory applying in relation to the trial at the end of the trial.
3	appeal proceedings covered by subparagraph (1)(c)(ii)	the laws of the State or Territory applying in relation to the corresponding primary proceedings at the end of those primary proceedings.
4	proceedings covered by subparagraph (1)(c)(iii) in relation to a case stated, or question reserved, by a court	the laws of the State or Territory applying in the proceedings during which the court stated the case or reserved the question.
5	proceedings covered by subparagraph (1)(c)(iv)	the laws of the State or Territory applying in relation to the corresponding primary proceedings at the end of those primary proceedings.
6	proceedings covered by subparagraph (1)(c)(v) as a result of a referral by a court	the laws of the State or Territory applying in the proceedings during which the court made the referral.

What those laws include

(6) The laws of that State or Territory are taken:

(a) to include the Rules of the Supreme Court of that State or Territory that apply in relation to criminal proceedings; and

(b) not to include the Rules of any other court of that State or Territory.

How those laws apply

(7) The laws of that State or Territory apply as if any reference in those laws to the Supreme Court of that State or Territory, and any reference to a court that includes a reference to the Supreme Court of that State or Territory, were a reference to the Federal Court.

(8) The laws of that State or Territory apply to the proceedings only to the extent to which they are:

(a) not inconsistent with the laws of the Commonwealth; and

(b) not inconsistent with the Rules of the Federal Court.

98 Section 2

Insert:

examination and commitment for trial on indictment includes commitment for trial on indictment.

99 At the end of subsection 39B(1A)

Add:

Note: Paragraph (c) does not prevent other laws of the Commonwealth conferring criminal jurisdiction on the Federal Court of Australia.

100 Section 70

Before "When", insert "(1)".

101 At the end of section 70

Add:

(2) This section has effect subject to section 68C.

102 Section 70A

Before "The", insert "(1)".

103 At the end of section 70A

Add:

(2) This section has effect subject to section 68C.

104 Subsection 71A(1)

Repeal the subsection, substitute:

(1) Notwithstanding anything contained in this Part, or any provision of any law of a State or Territory, the Attorney‑General of the Commonwealth may file an indictment for any indictable offence against the laws of the Commonwealth in:

(a) the High Court; or

(b) if the Federal Court of Australia has jurisdiction to try a person for the offence--that Court; or

without examination or commitment for trial.

105 Subsection 72(1)

Repeal the subsection, substitute:

(1) This section applies if a person is indicted before a Court, other than:

(a) the Federal Court of Australia; or

(b) the Supreme Court of a Territory (other than the Australian Capital Territory or the Northern Territory);

for an indictable offence against a law of the Commonwealth.

(1A) The Court (the trial court) before which the person is tried:

(a) must, if an application is made by or on behalf of the person before the jury delivers its verdict on a count in the indictment in relation to the person; and

(b) may in its discretion (either before or after judgment without such an application);

reserve a question of law, in relation to that count, which arises on the trial for the consideration of:

(d) a Full Court of the Supreme Court of the same State or Territory as the trial court.

106 Subsection 76(1)

Repeal the subsection, substitute:

(1) This section applies if a Court, other than:

(a) the Federal Court of Australia; or

(b) the Supreme Court of a Territory (other than the Australian Capital Territory or the Northern Territory);

convicts an accused person on indictment for an offence against the laws of the Commonwealth.

(1A) If the Court (the trial court) before which the accused person is convicted arrests judgment at the trial, the Court must on the application of counsel for the prosecution state a case for the consideration of:

(a) a Full Court of the High Court; or

(b) a Full Court of the Supreme Court of the same State or Territory as the trial court.

107 Subsection 76(2)

Omit "any Justice of the Peace may issue his or her", substitute "an issuing officer (within the meaning of Part IAA of the Crimes Act 1914) may issue a".

108 Section 81

After "High Court,", insert "the Judges of the Federal Court of Australia,".

As at 11 November 2009 the amendments are not incorporated in this compilation.

Table A

Application, saving or transitional provisions

Judiciary Amendment Act 1999 (No. 7, 1999)

Schedule 2

1 Definitions

In this Schedule:

AGS means the Australian Government Solicitor established under the Judiciary Act 1903.

commencement time means the time when this Schedule commences.

former AGS means the Australian Government Solicitor established under the Judiciary Act 1903 as in force immediately before the commencement of Schedule 1.

2 AGS successor in law

(1) The AGS is the successor in law of the former AGS.

(2) Without limiting subitem (1), if:

(a) the former AGS was acting in relation to a matter before the commencement time; and

(b) the matter continues after the commencement time;

the AGS is taken to be substituted for the former AGS, for all purposes, in relation to the matter and all references to the former AGS in relation to the matter are taken to be references to the AGS.

3 Business of former AGS

At the commencement time, the business of the former AGS becomes the business of the AGS.

4 Existing conditions of staff

An officer or employee within the meaning of the Public Service Act 1922 transferred to the AGS under section 81C of that Act is to be employed on terms and conditions no less favourable than applied to the officer or employee immediately prior to his or her transfer.

5 Attorney‑General may transfer Commonwealth assets to new AGS

(1) The Attorney‑General may, by writing, make any or all of the following declarations:

(a) a declaration that a specified asset of the Commonwealth vests in the AGS at a specified time without any conveyance, transfer or assignment;

(b) a declaration that a specified instrument in relation to a specified asset continues to have effect after the asset vests in the AGS as if a reference in the instrument to the Commonwealth were a reference to the AGS;

(c) a declaration that the AGS becomes the Commonwealth's successor in law in relation to a specified asset immediately after the asset vests in the AGS.

(2) A declaration has effect accordingly.

(3) Subitem (1) does not prevent the Commonwealth from transferring an asset to the AGS otherwise than under that subitem.

6 Attorney‑General may transfer Commonwealth liabilities to new AGS

(1) The Attorney‑General may, by writing, make any or all of the following declarations:

(a) a declaration that a specified liability ceases to be a liability of the Commonwealth and becomes a liability of the AGS at a specified time;

(b) a declaration that a specified instrument relating to a specified liability continues to have effect after the liability becomes a liability of the AGS, as if a reference in the instrument to the Commonwealth were a reference to the AGS;

(c) a declaration that the AGS becomes the Commonwealth's successor in law in relation to a specified liability immediately after the liability becomes a liability of the AGS.

(2) A declaration has effect accordingly.

(3) Subitem (1) does not prevent the Commonwealth from transferring a liability to the AGS otherwise than under that subitem.

7 Transfer of records

(1) The Secretary to the Attorney‑General's Department may transfer to the AGS records of the Commonwealth that relate to the functions of the AGS.

(2) In this item:

record has the same meaning as in the Archives Act 1983.

8 Regulations

(1) The Governor‑General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) Without limiting subitem (1), regulations may be made in relation to transitional matters arising out of the abolition of the former AGS or otherwise arising out of the enactment of this Act.

Law and Justice Legislation Amendment Act 1999 (No. 125, 1999)

Schedule 10

4 Application

The amendment made by item 3 applies in respect of proceedings pending at the commencement of that item as well as proceedings instituted after that commencement.

Jurisdiction of Courts Legislation Amendment Act 2000 (No. 57, 2000)

Schedule 2

16 Application of amendments

(1) In this item:

commencement means the commencement of the amendments of the Administrative Decisions (Judicial Review) Act 1977, the Corporations Act 1989 and the Judiciary Act 1903 made by Part 1 of this Schedule.

related criminal justice process decision, in relation to an offence, has the same meaning as in the following provisions (as amended by Part 1 of this Schedule):

(a) section 9A of the Administrative Decisions (Judicial Review) Act 1977;

(b) section 51AA of the Corporations Act 1989;

(2) The amendments of the Administrative Decisions (Judicial Review) Act 1977, the Corporations Act 1989 and the Judiciary Act 1903 made by Part 1 of this Schedule apply in relation to:

(a) a decision made on or after the commencement to prosecute a person for an offence, even if the conduct alleged to give rise to the offence occurred before the commencement; or

(b) a related criminal justice process decision made on or after the commencement in relation to an offence, even if either or both of the following apply:

(i) the conduct alleged to give rise to the offence occurred before the commencement;

(ii) the prosecution of the offence, or an appeal arising out of the prosecution, was commenced before the commencement.

(3) The amendments of the Administrative Decisions (Judicial Review) Act 1977, the Corporations Act 1989 and the Judiciary Act 1903 made by Part 1 of this Schedule also apply in relation to:

(a) a decision made before the commencement to prosecute a person for an offence, unless that decision is the subject of an application that is before a court at 13 April 2000; or

(b) a related criminal justice process decision made before the commencement in relation to an offence, unless the decision is the subject of an application that is before a court at 13 April 2000.

Legislative Instruments (Transitional Provisions and Consequential Amendments) Act 2003 (No. 140, 2003)

4 Transitional provisions

(1) If legislation introduced into the Parliament before the commencing day but commencing on or after that day:

(a) authorises an instrument to be made in the exercise of a power delegated by the Parliament; and

(b) is expressed to require that instrument to be published as a statutory rule under the Statutory Rules Publication Act 1903;

any instrument so made is taken to be an instrument referred to in paragraph 6(b) of the Legislative Instruments Act 2003 despite the repeal by this Act of the Statutory Rules Publication Act 1903.

(2) If legislation introduced into the Parliament before the commencing day but commencing on or after that day:

(a) authorises an instrument to be made in the exercise of a power delegated by the Parliament; and

(b) is expressed to declare that instrument to be a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901;

any instrument so made is taken to be an instrument referred to in subparagraph 6(d)(i) of the Legislative Instruments Act 2003 despite the repeal by this Act of section 46A of the Acts Interpretation Act 1901.

(3) If legislation that is in force immediately before the commencing day or that is introduced into the Parliament before that day but that commences on or after that day:

(a) authorised or authorises an instrument to be made in the exercise of a power delegated by the Parliament that adversely affects the rights of a person, or results in the imposition of liabilities on a person; and

(b) provided or provides that the instrument has effect, to the extent that it adversely affects those rights or results in the imposition of those liabilities, despite subsection 48(2) of the Acts Interpretation Act 1901, before the date of its notification in the Gazette;

that legislation is to be construed, on and after the commencing day or the day of its commencement, whichever last occurs, as if it had provided instead that the instrument, to the extent that it adversely affects those rights or results in the imposition of those liabilities, has effect, despite subsection 12(2) of the Legislative Instruments Act 2003, before its registration under that Act.

(4) If:

(a) legislation (the enabling legislation) in force immediately before the commencing day:

(i) authorises the making of an instrument; and

(ii) does not declare such an instrument to be a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 but nonetheless makes provision for its disallowance by the application, with or without modification, of the provisions of Part XII of that Act; and

(b) an instrument is made in the exercise of that authority on or after the commencing day; and

(c) the instrument is not a legislative instrument for the purposes of the Legislative Instruments Act 2003 or otherwise;

the enabling legislation has effect, on and after the commencing day, as if:

(d) it had declared such instruments to be disallowable instruments for the purposes of section 46B of the Acts Interpretation Act 1901; and

(e) it had provided for such modifications of the operation of that section as are necessary to ensure that the effect of the applied provisions of Part XII of the Acts Interpretation Act 1901 is preserved.

(5) In this section:

commencing day means the commencing day within the meaning of the Legislative Instruments Act 2003.

Migration Litigation Reform Act 2005 (No. 137, 2005)

Schedule 1

40 Definitions

In this Part:

commencement day means the day on which this Schedule commences.

migration decision has the same meaning as in the Migration Act 1958, as amended by Part 1 of this Schedule.

migration litigation has the same meaning as in Part 8B of the Migration Act 1958, as amended by Part 1 of this Schedule.

substantive proceedings has the same meaning as in paragraph 503B(1)(b) of the Migration Act 1958.

42 Transitional provision--migration decision made before commencement day

Where proceedings are commenced on or after the commencement day in relation to a migration decision made before the commencement day, and actual notification of the decision is given before the commencement day:

(a) section 477 of the Migration Act 1958 applies as if the actual notification of the decision took place on the commencement day; and

(b) section 477A of that Act applies as if the actual notification of the decision took place on the commencement day; and

44 Application of items 5, 7, 8 and 9

The amendments made by items 5, 7, 8 and 9 of this Schedule apply in relation to proceedings commenced on or after the commencement day.

45 Application of item 10

The amendment made by item 10 of this Schedule applies in relation to proceedings commenced in the High Court on or after the commencement day.

Judiciary Legislation Amendment Act 2006 (No. 151, 2006)

Schedule 1

7 Definitions

In this Part:

ineffective order has the meaning given by item 8.

liability includes a duty or obligation.

non‑judicial officer of a court of summary jurisdiction of a State means an officer of the court who is not a magistrate, or arbitrator, of the kind described in paragraph 39(2)(d) of the Judiciary Act 1903 just before the commencement of this Schedule.

Note: Just before the commencement of this Schedule, paragraph 39(2)(d) of the Judiciary Act 1903 referred to:

(a) Stipendiary, Police and Special Magistrates, and State Magistrates specially authorised by the Governor‑General to exercise federal jurisdiction; and

(b) arbitrators on whom all or part of the jurisdiction of a State court of summary jurisdiction was conferred by a prescribed law of the State.

proceedings includes an initiating application.

proceedings for the order, in relation to an ineffective order, means the proceedings in or in relation to which the order was purportedly made.

right includes an interest or status.

8 Meaning of ineffective order

(1) A reference in this Part to an ineffective order is a reference to a purported order described in subitem (2). This subitem has effect subject to subitem (3) as it affects the meaning of a reference to an ineffective order in the context of a particular case.

(2) An order that a non‑judicial officer of a court of summary jurisdiction of a State has purported to make is an ineffective order if:

(a) the officer purported to make the order before the commencement of this Part; and

(b) the order was made in the purported exercise of the court's federal jurisdiction; and

(c) paragraph 39(2)(d) of the Judiciary Act 1903 prohibited the exercise by the officer of the court's federal jurisdiction.

(3) If a court, or a non‑judicial officer of a court of summary jurisdiction of a State, has purported to affirm, vary, revoke, set aside, reverse, revive or suspend an ineffective order, a reference in this Part to the ineffective order is a reference to the order in the form in which, and to the extent to which, it purports or purported to have effect from time to time.

9 Rights and liabilities declared in certain cases

The rights and liabilities of all persons are, by force of this item, declared to be, and always to have been, the same as if each ineffective order of a court of summary jurisdiction had been an order made by that court, in the exercise of its federal jurisdiction, in or in relation to the proceedings for the order.

10 Effect of declared rights and liabilities

(1) A right or liability conferred, imposed or affected by item 9 in relation to an ineffective order of a court of summary jurisdiction:

(a) is exercisable or enforceable; and

(b) is to be regarded as always having been exercisable or enforceable;

as if it were a right or liability conferred, imposed or affected by an order made by that court, in the exercise of its federal jurisdiction, in or in relation to the proceedings for the order.

(2) The rights and liabilities conferred, imposed or affected by item 9 include (but are not limited to) the right of a person who was a party to the proceeding or purported proceeding in which the ineffective order was made to appeal against that order.

11 Effect of things done or omitted to be done under or in relation to rights and liabilities

(1) Any act or thing done or omitted to be done before, at or after the commencement of this Part under or in relation to a right or liability conferred, imposed or affected by item 9 in relation to an ineffective order of a court of summary jurisdiction:

(a) has the same effect, and gives rise to the same consequences, for the purposes of any written or other law; and

(b) is to be regarded as always having had the same effect, and given rise to the same consequences, for the purposes of any written or other law;

as if it were done or omitted to be done to give effect to, or under the authority of, or in reliance on, an order made by that court, in the exercise of its federal jurisdiction, in or in relation to the proceedings for the order.

(2) Subject to subitem (3), for the purposes of an enforcement law (see subitem (4)), any act or thing done or omitted to be done before, at or after the commencement of this Part:

(a) gives rise to the same consequences; and

(b) is to be regarded as always having given rise to the same consequences;

as if each ineffective order of a court of summary jurisdiction were an order made by that court, in the exercise of its federal jurisdiction, in or in relation to the proceedings for the order.

(3) If, before the commencement of this Part, a court purported to convict a person of an offence against an enforcement law on the basis that an ineffective order was a valid order, nothing in this item is to be taken to validate or confirm that conviction.

(4) In this item:

enforcement law means a provision of a law of the Commonwealth, other than a law relating to contempt of court, that sets out a consequence for a person if the person:

(a) contravenes; or

(b) acts in a specified way while there is in force;

an order, or a particular kind of order, made by a court exercising federal jurisdiction (whether or not the provision also applies to other orders of courts).

12 Powers of courts in relation to declared rights and liabilities

(1) A court may vary, revoke, set aside, revive or suspend a right or liability conferred, imposed or affected by item 9 in relation to an ineffective order of a court of summary jurisdiction as if it were a right or liability conferred, imposed or affected by an order made by that court of summary jurisdiction, in the exercise of its federal jurisdiction, in or in relation to the proceedings for the order.

(2) In addition to its powers under subitem (1), a court (the review court) also has power to make an order achieving any other result that could have been achieved if:

(a) the ineffective order had been an order made by a court of summary jurisdiction, in the exercise of its federal jurisdiction, in or in relation to the proceedings for the order; and

(b) the review court had been considering whether:

(i) to vary, revoke, set aside, revive or suspend that order; or

(ii) to extend the time for the doing of anything in relation to the proceedings for the order; or

(iii) to grant a stay of the proceedings for the order.

13 Proceedings for contempt

If (whether before, at or after the commencement of this Part) a person has:

(a) interfered with a right conferred or affected by item 9 in relation to an ineffective order of a court of summary jurisdiction; or

(b) failed to satisfy or comply with a liability imposed or affected by item 9 in relation to an ineffective order of a court of summary jurisdiction;

the interference or failure is, and is taken always to have been, a matter that can be dealt with in the same manner as if the interference or failure had been in relation to a right conferred or affected, or a liability imposed or affected, by a valid judgment of that court.

14 Evidence

The court record, or a copy of the court record, of an ineffective order may be adduced in evidence to show the existence, nature and extent of each right or liability conferred, imposed or affected by item 9.

15 Part does not apply to certain orders

Nothing in this Part applies to an order declared to be invalid by a court before the commencement of this Part.

16 Jurisdiction of courts

Conferral of jurisdiction

(1) Jurisdiction in matters arising under this Part is conferred on:

(a) the Family Court of Australia; and

(b) the Federal Magistrates Court.

Note: Sections 39 and 39B of the Judiciary Act 1903 give State courts and the Federal Court of Australia jurisdiction in matters arising under this Part.

Limitation of jurisdiction

(2) A court has jurisdiction in a matter arising under this Part in relation to an ineffective order only if it had jurisdiction in the matter (the initial matter) in connection with which the order was purportedly made. The court's jurisdiction in the matter arising under this Part is subject to the same conditions and limitations as would apply to it in dealing with the initial matter.

(3) Subitem (2) applies whether the court has jurisdiction in the matter arising under this Part because of subitem (1) or otherwise.

Judiciary Amendment Act 2008 (No. 71, 2008)

Schedule 1

3 Application

The amendments of the Judiciary Act 1903 made by this Schedule apply in relation to the recovery of amounts paid after the commencement of this Schedule.

Fair Work (State Referral and Consequential and Other Amendments) Act 2009 (No. 54, 2009)

4 Definition

In this Act:

WR Act repeal day has the meaning given by Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

Schedule 5

85 Application of item 38

(1) The amendment made by item 38 of this Schedule applies in relation to any matter in which a writ of mandamus or prohibition or an injunction is sought, on or after the WR Act repeal day, against an officer or officers of the Commonwealth in relation to a decision made (whether before or after that day) by the officer or officers in the capacity of a person who holds office under the Fair Work Act 2009.

(2) Despite the amendment made by item 38 of this Schedule, subsection 39B(2) of the Judiciary Act 1903, as in force immediately before the WR Act repeal day, continues to apply in relation to any matter in which a writ of mandamus or prohibition or an injunction is sought, on or after that day, against an officer or officers of the Commonwealth in relation to a decision made (whether before or after that day) by the officer or officers in the capacity of a person who holds office under the Workplace Relations Act 1996.

Commonwealth Consolidated Acts

JUDICIARY ACT 1903 - NOTES