{"id":"C2004A01581","name":"Nauru (High Court Appeals) Act 1976","slug":"nauru-high-court-appeals-act-1976","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"151 of 1976","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":6430,"registerId":"commonwealth-C2004A01581-current","compilationNumber":null,"startDate":"2026-03-30","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title [see Note 1]","content":"#### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Nauru (High Court Appeals) Act 1976.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement [see Note 1]","content":"#### 2 Commencement \\[see Note 1\\]\n\n  This Act shall come into operation on a date to be fixed by Proclamation, being a date not earlier than the date on which the Agreement comes into force.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  In this Act, Agreement means the agreement between the Government of Australia and the Government of the Republic of Nauru relating to appeals to the High Court of Australia from the Supreme Court of Nauru that was signed on 6 September 1976, being the agreement a copy of the text of which is set out in the Schedule.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Approval of Agreement","content":"#### 4 Approval of Agreement\n\n  The Agreement is approved.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Appeals to High Court","content":"#### 5 Appeals to High Court\n\n  (1) Appeals lie to the High Court of Australia from the Supreme Court of Nauru in cases where the Agreement provides that such appeals are to lie.\n  (2) The High Court has jurisdiction to hear and determine appeals mentioned in subsection (1).\n  (3) Where the Agreement provides that an appeal is to lie to the High Court of Australia from the Supreme Court of Nauru with the leave of the High Court, the High Court has jurisdiction to hear and determine an application for such leave.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Procedure","content":"#### 6 Procedure\n\n  The power of the Justices of the High Court or of a majority of them to make Rules of Court under section 86 of the Judiciary Act 1903 extends to making Rules of Court in relation to matters referred to in paragraph 1 of Article 3 of the Agreement.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Quorum","content":"#### 7 Quorum\n\n  The jurisdiction of the High Court to hear and determine an appeal or an application for leave to appeal under section 5 shall be exercised by a Full Court consisting of not less than 2 Justices.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Form of judgment on appeal","content":"#### 8 Form of judgment on appeal\n\n  The High Court in the exercise of its appellate jurisdiction under section 5 may affirm, reverse or modify the judgment, decree, order or sentence appealed from and may give such judgment, make such order or decree or impose such sentence as ought to have been given, made or imposed in the first instance or remit the case for re‑determination by the court of first instance, by way of a new trial or rehearing, in accordance with the directions of the High Court.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Decision in case of difference of opinion","content":"#### 9 Decision in case of difference of opinion\n\n  Where the Justices sitting as a Full Court in accordance with section 7 are divided in opinion as to the decision to be given on any question, the question shall be decided as follows:\n    (a) if there is a majority of the one opinion, the question shall be decided in accordance with the opinion of the majority; or\n    (b) in any other case:\n    (i) in the case of an application for leave to appeal—the application shall be refused; or\n    (ii) in the case of an appeal—the decision appealed from shall be affirmed.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Right of appearance","content":"#### 10 Right of appearance\n\n  (1) Subject to this section, a party to a proceeding in the High Court under this Act may appear personally or be represented by a person:\n    (a) who is entitled to practise in any federal court as a barrister or solicitor, or as both, in pursuance of section 55A of the Judiciary Act 1903;\n    (b) whose name is on the Register of Practitioners kept in accordance with section 55C of the Judiciary Act 1903; or\n    (c) who is enrolled as a barrister and solicitor (whether he or she is entitled to practise generally or only in respect of specified causes or matters) under the law of the Republic of Nauru relating to legal practitioners.\n  (2) A party to an appeal in a criminal case who has been sentenced to imprisonment in the proceeding to which the appeal relates or in any other proceeding before a court of the Republic of Nauru, and has not served the sentence or so much of the sentence as he or she is required to serve under the law of the Republic of Nauru, is not entitled to appear personally at the hearing of the appeal.\n  (3) The High Court may hear and determine appeals and applications for leave to appeal notwithstanding that a party to the appeal or the applicant for leave to appeal, as the case may be, is not present in person and is not represented at the hearing of the appeal or application.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Regulations","content":"#### 11 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that are necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":10}],"analysis":null,"importantCases":[],"_links":{"self":"/api/acts/nauru-high-court-appeals-act-1976","history":"/api/acts/nauru-high-court-appeals-act-1976/history","analysis":"/api/acts/nauru-high-court-appeals-act-1976/analysis","conflicts":"/api/acts/nauru-high-court-appeals-act-1976/conflicts","importantCases":"/api/acts/nauru-high-court-appeals-act-1976/important-cases","documents":"/api/acts/nauru-high-court-appeals-act-1976/documents"}}