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JUDICIARY ACT 1903 - SECT 78A Intervention by Attorneys - General

JUDICIARY ACT 1903 - SECT 78A

Intervention by Attorneys - General

  (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.

  (3)   Where the Attorney - General of the Commonwealth or of a State intervenes in proceedings in a court under this section, then, for the purposes of the institution and prosecution of an appeal from a judgment given in the proceedings, the Attorney - General of the Commonwealth or the State, as the case may be, shall be taken to be a party to the proceedings.

  (4)   Where the Attorney - General of the Commonwealth or of a State institutes an appeal from a judgment given in proceedings in which the Attorney - General of the Commonwealth or the State, as the case may be, has intervened under this section, a court hearing the appeal may make such order as to costs against the Commonwealth or the State, as the case may be, as the court thinks fit.