CONSTITUTION ACT 1975 - SECT 87 Exercise of jurisdiction if jurisdiction conferred on other bodies and constitution of Court in certain circumstances

CONSTITUTION ACT 1975 - SECT 87

S. 87(1) amended by Nos 110/1986 s. 132(g), 64/1990 s. 7(2).

    (1)     Except as is provided by any Act or the rules of the Court the Court shall not be bound to exercise any jurisdictions powers or authorities in relation to any matters in respect of which jurisdiction is given by or under any Act to any other Court tribunal or body.

S. 87(2) substituted by No. 110/1986 s. 132(h), amended by No. 24/2008 s. 11.

    (2)     Despite anything in any Act or the Rules, any power, duty or act which might have been exercised or performed by the Court constituted by a Judge or by an Associate Judge may be exercised or performed by the Court constituted by any other Judge or Associate Judge (as the case requires) if the Court cannot for any reason be constituted by that first-mentioned Judge or Associate Judge.

S. 87(3) inserted by No. 63/2013 s. 15(2).

    (3)     For the avoidance of doubt, for the purpose of completion of any matter under section 81GA or otherwise, the Court may be constituted or continue to be constituted by a reserve Judge who is a Judge of the Court without reconstitution of the Court despite any interruption in continuity of his or her tenure, appointment or engagement.

Pt 3AA (Heading and ss 87AAA– 87AAJ) inserted by No. 16/2005 s. 4.

Part IIIAA—The judiciary

Pt 3AA Div. 1 (Heading) inserted by No. 16/2016 s. 151.

Division 1—Preliminary

S. 87AAA inserted by No. 16/2005 s. 4,

amended by No. 16/2016 s. 152(3) (ILA s. 39B(1)).