HIGH COURT OF AUSTRALIA ACT 1979 No. 137, 1979
HIGH COURT OF AUSTRALIA ACT 1979 No. 137 of 1979 - TABLE OF PROVISIONS
HIGH COURT OF AUSTRALIA ACT 1979 No. 137 of 1979 TABLE OF PROVISIONS PART I-PRELIMINARY Section 1. Short title 2. Commencement 3. Repeal 4. Interpretation 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. Clerk of the Court 19. Functions and powers of the Clerk 20. Terms and conditions of appointment 21. Remuneration and allowances 22. Leave of absence 23. Resignation 24. Termination of appointment 25. Acting Clerk 26. Officers and employees 27. Marshal and Deputy Marshals 28. Registrar and Deputy Registrars may administer oaths and affirmations 29. Preservation of rights PART IV-REGISTRY AND PROCEDURE 30. Registry 31. Transfer of proceedings 32. Seals 33. Writs, &c. 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. Limit on contracts 41. Bank accounts 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
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HIGH COURT OF AUSTRALIA ACT 1979 No. 137 of 1979 - SECT. 1. Short title.
HIGH COURT OF AUSTRALIA ACT 1979 No. 137 of 1979 An Act to make provision with respect to the High Court of Australia. BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows: PART I-PRELIMINARY Short title 1. This Act may be cited as the High Court of Australia Act 1979.*1* HIGH COURT OF AUSTRALIA ACT 1979 No. 137 of 1979 - SECT. 2. Commencement
2. This Act shall come into operation on a date to be fixed by Proclamation. HIGH COURT OF AUSTRALIA ACT 1979 No. 137 of 1979 - SECT. 3. Repeal
3. The following Acts are repealed: High Court Procedure Act 1903; High Court Procedure Amendment Act 1903; High Court Procedure Act 1915; High Court Procedure Act 1921; High Court Procedure Act 1925; High Court Procedure Act 1933. HIGH COURT OF AUSTRALIA ACT 1979 No. 137 of 1979 - SECT. 4. Interpretation
4. (1) In this Act, unless the contrary intention appears- '' appoint'' includes ''re-appoint''; ''approved bank'' means the Reserve Bank of Australia or another bank for the time being approved by the Treasurer or a person authorized by the Treasurer to give approvals for the purposes of the provision in which the expression occurs; ''Chief Justice'' includes a Justice for the time being performing the duties and exercising the powers of the Chief Justice; ''Clerk'' means the Clerk of the Court; ''Court'' means the High Court; ''Deputy Registrar'' means a Deputy Registrar of the Court; ''Deputy Marshal'' means a Deputy Marshal of the Court; ''Justice'' means a Justice of the Court and includes the Chief Justice; ''Marshal'' means the Marshal of the Court; ''Minister'', in relation to a State or the Northern Territory, means- (a) in the case of a State-a Minister of the Crown of that State; or (b) in the case of the Northern Territory-a person holding Ministerial Office under section 36 of the Northern Territory (Self-Government) Act 1978; ''proceeding'' means any proceeding in the Court whether civil or criminal and whether in the original or appelate jurisdiction of the Court; ''Registrar'' means the Registrar of the Court; ''Rules of Court'' means Rules of Court under section 86 of the Judiciary Act 1903. (2) Any reference in this Act to moneys or property does not include a reference to moneys or property received by the High Court in connection with a proceeding. HIGH COURT OF AUSTRALIA ACT 1979 No. 137 of 1979 - SECT. 5. The High Court
PART II-CONSTITUTION AND SEAT OF THE HIGH COURT
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Division 1-Justices of the High Court 5. The High Court is a superior court of record and consists of the Chief Justice and six other Justices appointed by the Governor-General by commission. HIGH COURT OF AUSTRALIA ACT 1979 No. 137 of 1979 - SECT. 6. Consultation with State Attorneys-General on appointment of Justices
6. Where there is a vacancy in an office of Justice, the Attorney-General shall, before an appointment is made to the vacant office, consult with the Attorneys-General of the States in relation to the appointment. HIGH COURT OF AUSTRALIA ACT 1979 No. 137 of 1979 - SECT. 7. Qualification of Justices
7. A person shall not be appointed as a Justice unless- (a) he is or has been a Judge of a court created by the Parliament or of a court of a State or Territory; or (b) he has been enrolled as a barrister or solicitor, as a barrister and solicitor, or as a legal practitioner, of the High Court or of the Supreme Court of a State or Territory for not less than 5 years. HIGH COURT OF AUSTRALIA ACT 1979 No. 137 of 1979 - SECT. 8. Seniority
8. The Justices other than the Chief Justice have seniority according to the dates of their commissions or, where the commissions of two or more Justices bear the same date, according to the precedence assigned to them by their commissions. HIGH COURT OF AUSTRALIA ACT 1979 No. 137 of 1979 - SECT. 9. Acting Chief Justice
9. Whenever- (a) the Chief Justice is absent from Australia or is unable or unavailable to perform the duties of his office; or (b) there is a vacancy in the office of Chief Justice, the next senior Justice who is in Australia and is able and willing to do so shall perform the duties, and may exercise the powers, of the Chief Justice, and shall, during any period of absence of the Chief Justice from Australia or during a vacancy in the office of Chief Justice, be designated Acting Chief Justice. HIGH COURT OF AUSTRALIA ACT 1979 No. 137 of 1979 - SECT. 10. Justices not to hold other office
10. A Justice is not capable of accepting or holding any other office of profit within Australia. HIGH COURT OF AUSTRALIA ACT 1979 No. 137 of 1979 - SECT. 11. Oath or affirmation of allegiance and of office
11. A person who is appointed as a Justice after the commencement of this Act shall, before proceeding to discharge the duties of his office, take an oath or make an affirmation in accordance with the form in the Schedule. HIGH COURT OF AUSTRALIA ACT 1979 No. 137 of 1979 - SECT. 12. Salary and allowances
12. (1) The Chief Justice and the other Justices shall receive salary and annual allowances at such respective rates as are fixed from time to time by the Parliament. (2) The salary and annual allowance of a Justice accrue from day to day and are payable monthly. (3) The Chief Justice and the other Justices shall receive such respective allowances in respect of travelling expenses as are provided by the Parliament. HIGH COURT OF AUSTRALIA ACT 1979 No. 137 of 1979 - SECT. 13. Appropriation
13. The salaries, annual allowances and other allowances referred to in section 12 are payable out of the Consolidated Revenue Fund, which, to the necessary extent, is appropriated accordingly. HIGH COURT OF AUSTRALIA ACT 1979 No. 137 of 1979 - SECT. 14. Seat
Division 2-Seat of the High Court 14. On and after a date to be fixed by Proclamation, the seat of the High Court shall be at the seat of Government in the Australian Capital Territory. HIGH COURT OF AUSTRALIA ACT 1979 No. 137 of 1979 - SECT. 15. Places of sittings
15. Sittings of the High Court shall be held from time to time as required at the seat of the Court but the Court may sit at other places within Australia and the external Territories. HIGH COURT OF AUSTRALIA ACT 1979 No. 137 of 1979 - SECT. 16. Judgment may be pronounced at any sitting
16. The High Court may pronounce judgment at a sitting of the Court held at a place other than the place at which the relevant proceeding was held by the Court. HIGH COURT OF AUSTRALIA ACT 1979 No. 137 of 1979 - SECT. 17. Administration of the Court
PART III-ADMINISTRATION OF THE HIGH COURT
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17. (1) The High Court shall administer its own affairs subject to, and in accordance with, this Act. (2) The Court has power for the purposes of the Court to do all things that are necessary or convenient to be done for or in connection with the administration of its affairs and, without limiting the generality of the foregoing, has power- (a) to enter into contracts; (b) to acquire, hold and dispose of real and personal property; (c) to take on hire, to exchange, and to accept on deposit or loan, library material, and also furnishings, equipment and goods needed for the purposes of the Court; (d) to control and manage any land or building occupied by the Court and any adjacent land or building that is declared by Proclamation to be part of the precincts of the Court; (e) to accept gifts, devises and bequests made to the Court upon trust and act as trustee of moneys or other property vested in the Court upon trust; and (f) to do such other things as it is authorized by this Act to do. (3) Any real property, and any personal property (other than money), held by the Court shall be deemed to be the property of the Commonwealth. (4) Section 66A of the Lands Acquisition Act 1955 applies in relation to the High Court as if the Court were a corporation referred to in that section. (5) The Court may appoint committees consisting of Justices, or of Justices and other persons, for the purpose of advising the Court in relation to- (a) the exercise of the powers of the Court under this Act; or (b) the making of Rules of Court. HIGH COURT OF AUSTRALIA ACT 1979 No. 137 of 1979 - SECT. 18. Clerk of the Court
18. There shall be a Clerk of the High Court, who shall be appointed by the Governor-General upon the nomination of the Court. HIGH COURT OF AUSTRALIA ACT 1979 No. 137 of 1979 - SECT. 19. Functions and powers of the Clerk
19. (1) The Clerk has the function of acting on behalf of, and assisting, the Justices in the administration of the affairs of the High Court under section 17 and has such other functions as are conferred on him by this Act or are assigned to him by the Court. (2) The Clerk has power to do all things that are necessary or convenient to be done for or in connection with the performance of his functions and, in particular, has power, on behalf of the Court, to give directions in writing for the purpose of regulating the conduct of persons on any land or in any building referred to in paragraph 17 (2) (d). (3) Where directions are given by the Clerk under sub-section (2)- (a) a copy of the directions shall be published in the Gazette; and (b) the directions have effect on and from the date of publication. (4) The provisions of section 48 (except paragraphs (1) (a) and (b) and sub-section (2) ) and section 49 of the Acts Interpretation Act 1901 apply, by force of this section, to directions given under sub-section (2) of this section in like manner as those provisions apply to regulations. (5) Nothing in the provisions applied by sub-section (4) affects the operation of a direction given under sub-section (2) at any time before the direction becomes void, or is disallowed, in accordance with those provisions. (6) A person who contravenes or fails to comply with a direction in force under sub-section (2) is guilty of an offence. Penalty: $100. (7) In the performance of his functions and the exercise of his powers the Clerk shall comply with any directions given to him by the Court. (8) Nothing in this section affects the power of the Court to punish contempts of the Court. HIGH COURT OF AUSTRALIA ACT 1979 No. 137 of 1979 - SECT. 20. Terms and conditions of appointment
20. (1) The Clerk holds office for such period, not exceeding 5 years, as is specified in the instrument of his appointment, but is eligible for re-appointment. (2) A person who has attained the age of 65 years shall not be appointed as Clerk, and a person shall not be appointed as Clerk for a period that extends beyond the date on which he will attain the age of 65 years. (3) The Clerk holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Court with
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the concurrence of the Public Service Board. HIGH COURT OF AUSTRALIA ACT 1979 No. 137 of 1979 - SECT. 21. Remuneration and allowances
21. (1) The Clerk shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed by Rules of Court. (2) The Clerk shall be paid such allowances as are prescribed by Rules of Court. (3) This section has effect subject to the Remuneration Tribunals Act 1973. (4) Sub-section 7 (9) of the Remuneration Tribunals Act 1973 has effect in relation to the remuneration and allowances payable to the Clerk as if the High Court were a public statutory corporation and the Clerk held an office in the service of that corporation. HIGH COURT OF AUSTRALIA ACT 1979 No. 137 of 1979 - SECT. 22. Leave of absence
22. The High Court may grant leave of absence to the Clerk on such terms and conditions as to remuneration or otherwise as the Court determines. HIGH COURT OF AUSTRALIA ACT 1979 No. 137 of 1979 - SECT. 23. Resignation
23. The Clerk may resign his office by writing signed by him and delivered to the Governor-General. HIGH COURT OF AUSTRALIA ACT 1979 No. 137 of 1979 - SECT. 24. Termination of appointment
24. (1) The Governor-General may terminate the appointment of the Clerk by reason of the misbehaviour or the physical or mental incapacity of the Clerk. (2) If the Clerk- (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit; (b) is absent from duty, except with the leave of the Court, for 14 consecutive days or for 28 days in any 12 months; or (c) without the approval of the Court, engages in paid employment outside the duties of his office, the Governor-General shall terminate the appointment of the Clerk. (3) The powers of the Governor-General under sub-section (1) shall be exercised only in accordance with advice that is consistent with recommendations by the Court.