JUDICIARY AMENDMENT ACT 1976 No. 164 of 1976 - SECT 17

JUDICIARY AMENDMENT ACT 1976 No. 164 of 1976 - SECT 17

17. After Division 1 of Part XI of the Principal Act the following Division is
inserted:-

''Division 1A-Provisions relating to Constitutional Matters Intervention by
Attorneys-General.
''78A. (1) The Attorney-General of the Commonwealth may, on behalf of the
Commonwealth, and the Attorney-General of a State may, on behalf of the State,
intervene in proceedings before the High Court or any other federal court or
any court of a State or Territory, being proceedings that relate to a matter
arising under the Constitution or involving its interpretation.

''(2) Where the Attorney-General of the Commonwealth or of a State intervenes
in proceedings in a court under this section, the court may, in the
proceedings, make such order as to costs against the Commonwealth or the
State, as the case may be, as the court thinks fit. Notice to
Attorneys-General.
''78B. (1) Where a cause pending in a federal court other than the High Court
or in a court of a State or Territory involves a matter arising under the
Constitution or involving its interpretation, it is the duty of the court not
to proceed in the cause unless and until the court is satisfied that notice of
the cause, specifying the nature of the matter has been given to the
Attorney-General of the Commonwealth and-

   (a)  if the cause is pending in a court of a State-to the Attorney-General
        of that State; or

   (b)  if the cause is pending in a federal court and was instituted in a
        State-to the Attorney-General of that State, and a reasonable time has
        elapsed since the giving of the notice for consideration by that
        Attorney-General or by those Attorneys-General, of the question of
        intervention in the proceedings or removal of the cause to the High
        Court.

''(2) For the purposes of sub-section (1), a court in which a cause referred
to in that sub-section is pending-

   (a)  may adjourn the proceedings in the cause for such time as it thinks
        necessary and may make such order as to costs in relation to such an
        adjournment as it thinks fit; and

   (b)  may direct a party to give notice in accordance with that sub-section.

''(3) For the purposes of sub-section (1), a notice in respect of a cause-

   (a)  shall be taken to have been given to an Attorney-General if steps have
        been taken that, in the opinion of the court, could reasonably be
        expected to cause the matters to be notified to be brought to the
        attention of that Attorney-General; and

   (b)  is not required to be given to the Attorney-General of the
        Commonwealth if he or the Commonwealth is a party to the cause and is
        not required to be given to the Attorney-General of a State if he or
        the State is a party to the cause.

''(4) The Attorney-General may authorize the payment by the Commonwealth to a
party of an amount in respect of costs arising out of the adjournment of a
cause by reason of this section.

''(5) Nothing in sub-section (1) prevents a court from proceeding without
delay to hear and determine proceedings, so far as they relate to the grant of
urgent relief of an interlocutory nature, where the court thinks it necessary
in the interests of justice to do so.''.