{"id":"a-1933-34","name":"Supreme Court Act 1933","slug":"supreme-court-act-1933","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"34 of 1933","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23074,"registerId":"act-a-1933-34-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Supreme Court Act 1933.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary defines certain words and expressions, and includes\nreferences (signpost definitions) to other words and expressions defined\nelsewhere in this Act.\nFor example, the signpost definition ‘entitlements, for part 2B\n(Remuneration, allowances and other entitlements of judges)—see\nsection 37T.’ means that the expression entitlements is defined in\nsection 37T, and the definition applies to part 2B.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156).\n","sortOrder":1},{"sectionNumber":"2A","sectionType":"section","heading":"Notes","content":"2A Notes\nA note included in this Act is explanatory and is not part of the Act.\nNote See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\n","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Constitution and jurisdiction of","content":"Part 2 Constitution and jurisdiction of\nthe Supreme Court\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Establishment","content":"3 Establishment\n(1) There shall be a Supreme Court of the Territory which shall be known\nas the Supreme Court of the Australian Capital Territory.\n(2) The court shall be a superior court of record.\n(3) The court shall consist of the Chief Justice and the other judges.\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Resident judges","content":"4 Resident judges\n(1) The Executive may by commission appoint, as resident judges, a\nChief Justice of the court and other judges of the court.\n(2) A person is not eligible to be appointed as a resident judge—\n(a) unless he or she—\n(i) is or has been a judge of a superior court of record of the\nCommonwealth or a State, or has been a judge of the\nSupreme Court; or\n(ii) has been a legal practitioner for not less than 5 years; or\n(b) if he or she has attained the age of 70 years.\n(3) A resident judge ceases to hold office on attaining the age of 70 years.\n(4) A resident judge may resign by written notice to the\nAttorney-General.\n\n4AA Requirements of appointment—resident judges\n(1) The Executive must, in relation to the appointment of resident judges,\ndetermine—\n(a) the criteria that apply to the selection of a person for\nappointment; and\n(b) the process for selecting the person.\n(2) A determination is a notifiable instrument.\n","sortOrder":5},{"sectionNumber":"4A","sectionType":"section","heading":"Additional judges","content":"4A Additional judges\n(1) The Executive may, by commission, appoint a judge or judges of a\nsuperior court of record of the Commonwealth or a State as an\nadditional judge or additional judges of the court.\n(2) An additional judge ceases to hold office on ceasing to hold office as\na judge (other than as an additional judge) of a superior court of\nrecord of the Commonwealth or a State.\n(3) An additional judge may resign by written notice to the Attorney-\nGeneral.\n","sortOrder":6},{"sectionNumber":"4B","sectionType":"section","heading":"Acting judges","content":"4B Acting judges\n(1) The Executive may, by commission, appoint persons to be acting\njudges of the court.\n(2) An appointment under subsection (1) shall be for the period, not\nlonger than 2 years, specified in the commission.\n(3) A person is not eligible to be appointed under subsection (1) unless\nhe or she—\n(a) has been a judge of a superior court of record of the\nCommonwealth or a State, or has been a judge of the Supreme\nCourt; or\n(b) has been a legal practitioner for not less than 5 years.\n\n","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Seniority of judges","content":"5 Seniority of judges\n(1) The Chief Justice is the senior judge of the court.\n(2) The resident judges are senior to the additional judges and the acting\njudges.\n(3) The additional judges are senior to the acting judges.\n(4) The resident judges (other than the Chief Justice) have seniority as\nbetween themselves—\nor\n(5) The additional judges have seniority as between themselves—\nor\n(6) The acting judges have seniority as between themselves—\nor\n\n","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Acting Chief Justice","content":"6 Acting Chief Justice\nWhenever—\n(a) the Chief Justice is absent from Australia or from duty; or\n(b) there is a vacancy in the office of Chief Justice;\nthe next senior judge who is in Australia and is able and willing to do\nso is to act as Chief Justice.\n","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Arrangement of business of court","content":"7 Arrangement of business of court\nThe Chief Justice is responsible for ensuring the orderly and\nexpeditious discharge of the business of the court and accordingly\nmay, subject to this Act and to such consultation with the judges as is\nappropriate and practicable, make arrangements as to the judge or\njudges who is or are to constitute the court in particular matters or\nclasses of matters.\n","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Exercise of jurisdiction","content":"8 Exercise of jurisdiction\n(1) The jurisdiction of the court is exercisable by a single judge, except—\n(a) when exercised by the registrar under the rules (see section 10);\nor\n(b) when exercised by a Full Court under section 11 or 13; or\n(c) when exercised by the Court of Appeal under part 2A.\n(2) The rules may provide for the jurisdiction of the court otherwise\nexercisable by a single judge to be exercised by the registrar, in the\ncases and subject to the conditions prescribed under the rules.\n(3) In this section:\n\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Exercise of jurisdiction by registrar","content":"10 Exercise of jurisdiction by registrar\n(1) For the purposes of the exercise of jurisdiction given to the registrar\nunder the rules, this Act has effect as if the court consisted of the\njudges and the registrar.\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Exercise of jurisdiction—legal practitioners","content":"11 Exercise of jurisdiction—legal practitioners\n(1) The jurisdiction of the court in an application for admission to the\nlegal profession must be exercised by a Full Court unless the Chief\nJustice directs otherwise.\n(2) The jurisdiction of the court in a proceeding in relation to the grant,\nrenewal, amendment, suspension or cancellation of a practising\ncertificate under the Legal Profession Act 2006 must be exercised by\na Full Court.\n(3) The jurisdiction of the court in relation to an application under the\nLegal Profession Act 2006, section 96 or section 97 in relation to the\nremoval of a lawyer’s name from the local roll must be exercised by\na Full Court.\n(4) Nothing in this section prevents a single judge, in proceedings\nreferred to in subsection (2) or (3), from—\n(a) making any findings of fact; or\n(b) giving directions of an interlocutory kind.\n(5) A single judge who has heard any part of proceedings referred to in\nsubsection (3) for the purpose of making any findings of fact may be\n1 of the judges who exercise the jurisdiction of the court in those\nproceedings under that subsection.\n\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Power of judge to order that jurisdiction in a matter be","content":"13 Power of judge to order that jurisdiction in a matter be\nexercised by Full Court\n(1) This section applies in relation to matters in which, apart from this\nsection, the jurisdiction of the court would be exercisable by a single\n(2) At any time before the beginning of the hearing of a matter in relation\nto which this section applies, a judge may order that the jurisdiction\nof the court in that matter shall be exercised by the Full Court.\n(3) At any time after the beginning of the hearing of a matter in relation\nto which this section applies, the judge hearing the matter may order\nthat the jurisdiction of the court in that matter shall be exercised by\nthe Full Court.\n(4) If an order has been made under subsection (2) or (3) in relation to a\nmatter—\n(a) the jurisdiction of the court in the matter must, subject to the\nrules, be exercised by the Full Court; and\n(b) the court may give the directions it considers appropriate about\nthe procedure to be followed in the further conduct of the\nproceeding, including directions about the use (if any) of any\nevidence received before the making of the order.\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Full Court decisions—equal division of opinion","content":"14 Full Court decisions—equal division of opinion\nIf the Full Court is divided in opinion as to the decision to be given\non any question, the question is to be decided according to—\n(a) if there is a majority—the opinion of the majority; or\n(b) if the judges are equally divided in opinion—the opinion of the\nmost senior judge sitting.\n\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Holding other judicial offices","content":"16 Holding other judicial offices\n(1) Subject to this section, a judge may also hold office as a judge of a\nsuperior court of record of the Commonwealth, a State or another\nTerritory, whether appointed to that office before or after his or her\nappointment as a judge of the Supreme Court.\n(2) A resident judge or acting judge is not, without the written approval\nof the Executive, entitled to—\n(a) engage in remunerative employment otherwise than in\nconnection with the duties of judicial office or any office,\nappointment or commission held by him or her in the Defence\nForce of the Commonwealth; or\n(b) accept appointment to another judicial office or to an office\nunder a law of the Territory, the Commonwealth, a State or\nanother Territory.\n(3) The Executive shall consult with the Chief Justice before giving the\napproval.\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Principal seat of court and sittings","content":"18 Principal seat of court and sittings\n(1) The court may sit at Canberra, and at any other places in Australia\nthat are from time to time determined by the Chief Justice.\n(2) The times of the sittings of the court shall be such as are from time to\ntime specified under the rules.\n(3) The offices of the court shall be at Canberra.\n\n","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Oath or affirmation of office—judges","content":"19 Oath or affirmation of office—judges\nBefore exercising the functions of office, a judge shall take or make—\n(a) an oath or affirmation in accordance with schedule 1, part 1.1;\nor\n(b) an oath or affirmation in accordance with schedule 1, part 1.2;\nbefore another judge, a justice of the High Court or a judge of the\nFederal Court.\n","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Jurisdiction and powers of Supreme Court","content":"20 Jurisdiction and powers of Supreme Court\n(1) The court has the following jurisdiction:\n(a) all original and appellate jurisdiction that is necessary to\nadminister justice in the Territory;\n(b) jurisdiction conferred by a Commonwealth Act or a law of the\nTerritory.\n(2) Unless it is required to do so by or under a Commonwealth Act or a\nlaw of the Territory, the court is not bound to exercise its powers if it\nhas concurrent jurisdiction with another court or tribunal.\n","sortOrder":19},{"sectionNumber":"22","sectionType":"section","heading":"No trial by jury in civil proceedings","content":"22 No trial by jury in civil proceedings\nIn every suit in the court, the trial must be by the court without a jury.\n","sortOrder":20},{"sectionNumber":"25","sectionType":"section","heading":"Law and equity to be concurrently administered","content":"25 Law and equity to be concurrently administered\nSubject to the express provisions of any other Act, in every civil cause\nor matter begun in the court law and equity shall be administered\naccording to sections 26 to 34B.\n","sortOrder":21},{"sectionNumber":"26","sectionType":"section","heading":"Equities of plaintiff","content":"26 Equities of plaintiff\nIn proceedings in the court, the plaintiff is entitled to equitable relief\nif, in pre-Judicature Act proceedings of the same type, the plaintiff\nwould have been entitled to such relief.\n\n","sortOrder":22},{"sectionNumber":"27","sectionType":"section","heading":"Equities of defendant","content":"27 Equities of defendant\nIn proceedings in the court, the defendant is entitled to rely on an\nequitable defence, or is entitled to equitable relief of any sort, against\nany claim (whether at law or in equity) if, in pre-Judicature Act\nproceedings of the same type, the defendant would have been entitled\nto rely on such a defence, or would have been entitled to such relief,\nas the case may be.\n","sortOrder":23},{"sectionNumber":"29","sectionType":"section","heading":"Incidental equities","content":"29 Incidental equities\nIn proceedings in the court, the parties are entitled to such incidental\nequitable rights, and subject to such incidental equitable duties, as\nthey would have been entitled or subject to in pre-Judicature Act\nproceedings of the same type.\n","sortOrder":24},{"sectionNumber":"30","sectionType":"section","heading":"Defence or stay of proceeding instead of prohibition","content":"30 Defence or stay of proceeding instead of prohibition\norder or injunction\n(1) A proceeding in the court must not be restrained by a prohibition\norder or injunction.\n(2) A defence is available in a proceeding in the court if an injunction\nwould previously have been available in a pre-Judicature Act\nproceeding of the same kind.\n(3) However, this section does not prevent the court from ordering a stay\nin a proceeding in the court.\n(4) The court may grant a stay in a proceeding in the court on application\nby an entitled person.\n(5) In this section:\nentitled person, in relation to a proceeding in the court, means a\nperson (whether or not the person is a party to the proceeding) who\nwould have been entitled, in relation to a pre-Judicature Act\nproceeding of the same kind—\n\n(a) to apply to a court to restrain the prosecution of the proceeding;\nor\n(b) to enforce any order or rule in contravention of which all or part\nof the proceeding had been taken.\n","sortOrder":25},{"sectionNumber":"31","sectionType":"section","heading":"Common law and statute","content":"31 Common law and statute\nThe court shall give effect to all claims for relief arising under the\ncommon law or the statute law of the Territory, subject to any\nequitable rules applicable under this Act.\n","sortOrder":26},{"sectionNumber":"32","sectionType":"section","heading":"Final determination of matters","content":"32 Final determination of matters\n(1) In the exercise of its jurisdiction under this Act in relation to\nproceedings in the court, the court shall, so far as practicable, ensure\nthat—\n(a) all the matters in issue between the parties to the proceedings are\nfinally determined; and\n(b) all multiplicity of legal proceedings concerning those matters is\navoided.\n(2) For subsection (1), the court may grant legal or equitable relief\nabsolutely or conditionally.\n","sortOrder":27},{"sectionNumber":"33","sectionType":"section","heading":"Law and equity","content":"33 Law and equity\nSubject to this Act, in any matter arising in the court, if there is a\nconflict between the rules of equity and the rules of law with reference\nto that matter, the rules of equity prevail.\n","sortOrder":28},{"sectionNumber":"34","sectionType":"section","heading":"Equitable damages","content":"34 Equitable damages\nIf the court has power to grant an injunction or an order for specific\nperformance, the court may give damages in addition to, or in\nsubstitution for, the injunction or specific performance.\n\n","sortOrder":29},{"sectionNumber":"34B","sectionType":"section","heading":"Habeas corpus and prerogative orders","content":"34B Habeas corpus and prerogative orders\n(1) The Supreme Court has power to grant any relief by way of a habeas\ncorpus order or prerogative order.\nhabeas corpus order means an order the relief under which is in the\nnature of, and to the same effect as, relief by way of a writ of habeas\ncorpus.\nprerogative order means an order the relief under which is in the\nnature of, and to the same effect as, relief by way of—\n(a) a writ of mandamus, prohibition or certiorari; or\n(b) an information in the nature of quo warranto.\nrelief includes remedy.\n\n","sortOrder":30},{"sectionNumber":"37E","sectionType":"section","heading":"Appellate jurisdiction","content":"37E Appellate jurisdiction\n(1) When exercising its appellate jurisdiction under this part, the court is\nto be known as the Court of Appeal.\n(2) The following matters may be brought before, and heard by, the Court\nof Appeal:\n(a) appeals in relation to orders of the court (except orders of the\nregistrar, the Full Court exercising appellate jurisdiction or the\nCourt of Appeal itself);\n(b) appeals under section 37S (Reference appeal in relation to\nproceeding);\n(c) cases stated or questions reserved by the court about any matter\nin relation to which an appeal may be brought to the Court of\nAppeal;\n(d) applications under part 8AA (Acquittals);\n(e) applications and appeals under part 8AB (Appeals against\nconviction for fresh and compelling evidence).\n(3) However, an appeal may not be brought against an order made by the\ncourt sitting as the Court of Disputed Elections under the Electoral\nAct 1992, section 252.\n(4) Also, an appeal may be brought against an interlocutory order of the\ncourt constituted by a single judge only with leave of the Court of\nAppeal.\n(5) In this section:\n\n","sortOrder":31},{"sectionNumber":"37H","sectionType":"section","heading":"Appeal bench","content":"37H Appeal bench\n(1) The Court of Appeal is constituted by 3 judges, except under the\nfollowing provisions:\n• section 37J (Appeal court constituted by single judge)\n• section 37L (Appeal judge unable to continue sitting)\n• section 37O (4) (which provides for the enforcement of an order).\n(2) At least 1 of the judges sitting on the Court of Appeal must be a\nresident judge, unless the Chief Justice considers it impracticable for\nthe Court of Appeal to be so constituted.\n(3) A judge must not sit on an appeal from an order made by the judge.\n","sortOrder":32},{"sectionNumber":"37I","sectionType":"section","heading":"Presiding judge","content":"37I Presiding judge\nThe presiding judge of the Court of Appeal for the hearing of an\nappeal is the most senior judge sitting on the appeal.\n","sortOrder":33},{"sectionNumber":"37J","sectionType":"section","heading":"Appeal court constituted by single judge","content":"37J Appeal court constituted by single judge\n(1) The Court of Appeal may be constituted by a single judge for hearing\nand deciding any of the following matters (incidental matters) in\nrelation to an appeal:\n(a) leave or special leave to appeal;\n(b) extension of time to institute an appeal;\n(c) leave to amend the grounds of an appeal;\n(d) amendment or stay of an order of the court from which the\nappeal is brought;\n(e) suspension of the operation of an order to which the appeal\nrelates;\n(f) including, removing or substituting a party;\n(g) a consent order disposing of the appeal (including an order for\ncosts);\n\n(h) dismissal of an appeal or other proceeding for want of\nprosecution or for any other reason prescribed under the rules;\n(i) dismissal of an appeal or other proceeding on the application of\nthe appellant or other applicant;\n(j) directions about the conduct of the appeal (including directions\nabout use of written submissions and limiting time for oral\nargument);\n(k) any other question of practice and procedure in the Court of\nAppeal;\n(l) costs and other matters incidental to a matter mentioned in\nparagraphs (a) to (k).\n(2) The rules may provide for incidental matters to be dealt with without\nan oral hearing, subject to any conditions prescribed under the rules.\n(3) The rules may provide that the jurisdiction and powers of the Court\nof Appeal may be exercised by a single judge in particular kinds of\n","sortOrder":34},{"sectionNumber":"37K","sectionType":"section","heading":"Decision-making","content":"37K Decision-making\nThe Court of Appeal must make its decision on an appeal in\naccordance with the opinion of the majority of the judges sitting on\nthe appeal, unless section 37L (3) applies.\n\n","sortOrder":35},{"sectionNumber":"37L","sectionType":"section","heading":"Appeal judge unable to continue sitting","content":"37L Appeal judge unable to continue sitting\n(1) If, before a proceeding on an appeal is decided, 1 of the judges\nbecomes unable to continue to sit on the appeal, the proceedings may\ncontinue before the appeal court constituted by the 2 remaining\njudges, if the parties agree.\nNote If a judge’s term of office ends before the proceeding is decided, this\nsection does not apply (unless the judge is removed from office, or is\notherwise unable to continue to sit on the appeal). Section 60A provides\nthat, in this circumstance, the judge continues to hold office for the\npurpose of the proceeding, and may continue to exercise the jurisdiction\nof the Court of Appeal for that purpose.\n(2) If the parties do not agree to the continuation of the proceeding before\nthe 2 remaining judges, the appeal must be reheard and decided by\nthe Court of Appeal constituted by 3 judges ((including, if\npracticable, the 2 remaining judges)).\n(3) If the parties agree to the continuation of proceedings before the\n2 remaining judges, and the remaining judges are divided in\nopinion—\n(a) if they are divided in opinion about the decision on the appeal—\nthe appeal must be reheard and decided by the Court of Appeal\nconstituted by 3 judges (including, if practicable, the\n2 remaining judges); or\n(b) if they are divided in opinion about any other issue—the\ndecision of the court is the decision of the most senior of the\nremaining judges.\n","sortOrder":36},{"sectionNumber":"37M","sectionType":"section","heading":"Reserved judgments","content":"37M Reserved judgments\n(1) If judgment is reserved in a proceeding before the Court of Appeal\nafter a full hearing, the judgment of the court (including the judgment\nof 1 or more of the judges sitting on the court) may later be delivered,\norally or in writing, by any of the sitting judges.\n\n(2) It is not necessary for the other judges sitting on the Court of Appeal\nin the proceeding to be present when judgment is delivered.\n","sortOrder":37},{"sectionNumber":"37N","sectionType":"section","heading":"Evidence on appeal","content":"37N Evidence on appeal\n(1) The Court of Appeal must have regard to the evidence given in the\nproceeding out of which the appeal arose.\n(2) The Court of Appeal may draw inferences of fact from that evidence.\n(3) The Court of Appeal may receive further evidence in any of the\nfollowing ways:\n(a) by oral examination before the court or a judge;\n(b) on affidavit;\n(c) by audiovisual link or audio link;\n(d) any other way the court may receive evidence.\naudio link––see the Evidence (Miscellaneous Provisions) Act 1991,\nsection 16 (Definitions—ch 3).\naudiovisual link––see the Evidence (Miscellaneous Provisions)\nAct 1991, dictionary.\n","sortOrder":38},{"sectionNumber":"37O","sectionType":"section","heading":"Orders on appeal","content":"37O Orders on appeal\n(1) The Court of Appeal has the following powers in relation to the order\nappealed from:\n(a) to confirm, reverse or amend the order;\n(b) to give any order it considers appropriate, or refuse to give an\norder applied for;\n\n(c) to set aside the order (completely or in part) and remit the\nproceeding to the court constituted by a single judge for further\nhearing and decision, subject to any directions the Court of\nAppeal considers appropriate;\n(d) to set aside the verdict and order in a trial on indictment and\norder a verdict of not guilty (or another verdict) to be entered;\n(e) to order a new trial, with or without jury, on any appropriate\nground;\n(f) to award enforcement of any order, or remit the proceeding to\nthe court constituted by a single judge for enforcement of the\n(2) The Court of Appeal on an appeal against conviction must—\n(a) allow the appeal if it considers that—\n(i) the verdict of the jury should be set aside on the ground\nthat it is unreasonable, or cannot be supported, having\nregard to the evidence; or\n(ii) the judgment of the court before which the appellant was\nconvicted should be set aside on the ground of a wrong\ndecision of any question of law; or\n(iii) on any other ground there was a miscarriage of justice; or\n(b) dismiss the appeal.\n(3) However, the Court of Appeal may also dismiss an appeal against\nconviction if it considers that—\n(a) the point raised by the appeal might be decided in favour of the\nappellant; but\n(b) no substantial miscarriage of justice has actually occurred.\n\n(4) If a judgment of the Court of Appeal is remitted for execution under\nsubsection (1) (f), the court constituted by a single judge must execute\nthe judgment of the Court of Appeal as if it were that judge’s own\njudgment.\n(5) The Court of Appeal may exercise powers under subsection (1) in\nrelation to the order appealed from—\n(a) despite any application in the notice of appeal that part only of\nthe order be reversed or amended; and\n(b) in favour of all or any of the respondents or other parties,\nincluding any who have not appealed from or complained of the\n(6) An interlocutory order from which there has been no appeal does not\nprevent the Court of Appeal from making any order on the appeal it\nconsiders just.\n(7) In a criminal matter, the powers of the Court of Appeal in an appeal\nagainst sentence (whether by the prosecution or defendant) include\nthe following powers:\n(a) to increase or decrease the sentence;\n(b) to substitute a different sentence.\n","sortOrder":39},{"sectionNumber":"37P","sectionType":"section","heading":"New trials","content":"37P New trials\nIf the Court of Appeal orders a new trial, the court may, by the order,\ndo any or all of the following in relation to the new trial:\n(a) order that the new trial be conducted generally, or on particular\nissues;\n(b) impose any conditions that it considers appropriate;\n(c) direct any admissions by a party that it considers appropriate;\n(d) order that the testimony of a witness examined at the original\ntrial be used in the new trial in the way stated in the order.\n\n","sortOrder":40},{"sectionNumber":"37Q","sectionType":"section","heading":"Bail time on appeal does not count towards sentence","content":"37Q Bail time on appeal does not count towards sentence\nIf a person who has been convicted and sentenced to a term of\nimprisonment appeals to the Court of Appeal (against the conviction,\nor sentence, or both), any time spent while released on bail pending\nthe decision on the appeal does not count as part of the term of\nimprisonment.\n","sortOrder":41},{"sectionNumber":"37S","sectionType":"section","heading":"Reference appeal in relation to proceeding","content":"37S Reference appeal in relation to proceeding\n(1) This section applies if a person has been charged on indictment in the\ncourt and the proceeding in relation to all or any part of the indictment\nhas concluded.\nNote Indictment includes information (see Legislation Act, dict, pt 1).\n(2) The Court of Appeal may, on application by the Attorney-General,\nsolicitor-general or the director of public prosecutions\n(the applicant), hear and decide (by a reference appeal) any question\nof law arising at or in relation to the proceeding.\n(3) An application must be made within 6 weeks after the end of the\nproceeding, or within any longer period allowed by the Court of\nAppeal.\n(4) Either or both of the following people (an interested party) may be\nheard in the reference appeal:\n(a) a person charged in the proceeding;\n(b) a person affected by any decision in the proceeding.\n(5) If an interested party is not represented in the appeal, the applicant\nmust instruct counsel to argue the reference appeal on the party’s\nbehalf.\n(6) The decision on the reference appeal does not invalidate or affect any\nverdict or decision given in the proceeding.\n\nPart 2AA Drug and alcohol treatment order jurisdiction\nPart 2AA Drug and alcohol treatment order\njurisdiction\n37SA Definitions—pt 2AA\ndrug and alcohol treatment order—see the Crimes (Sentencing)\nAct 2005, section 12A.\nmember—\n(a) in relation to the treatment and supervision team—see the\nCrimes (Sentencing) Act 2005, section 80M; and\n(b) in relation to the treatment order team—see the Crimes\n(Sentencing) Act 2005, section 80M.\ntreatment and supervision team—see the Crimes (Sentencing)\nAct 2005, section 80M.\ntreatment order judge means a judge exercising the jurisdiction of\nthe court under this part.\ntreatment order team—see the Crimes (Sentencing) Act 2005,\n37SB Drug and alcohol treatment order jurisdiction\n(1) The court has jurisdiction under this part to hear and decide all matters\nrelating to a drug and alcohol treatment order in relation to an\noffender.\n(2) Without limiting subsection (1), a matter relating to an offender’s\ndrug and alcohol treatment order includes the following:\n(a) the making of the order;\n(b) the conditions of the order;\n(c) an amendment of the order;\n\nDrug and alcohol treatment order jurisdiction Part 2AA\n(d) the offender’s compliance with the order;\n(e) the cancellation or suspension of the order;\n(f) any matter reasonably necessary for the proper administration,\noperation of, or compliance with, the order.\n37SC Court not bound by rules of evidence\nWhen exercising its jurisdiction under this part, the court is not bound\nby the rules of evidence and may inform itself of anything in a manner\nit thinks appropriate.\n37SD Treatment order judge may convene case conference\n(1) The treatment order judge may, from time to time, convene a case\nconference with the treatment order team or the treatment and\nsupervision team in relation to any matter relating to a drug and\nalcohol treatment order, including the following:\n(a) the making, amending or cancelling the order;\n(b) giving directions that are reasonably necessary to achieve the\nobject of the order;\n(c) consulting with other members of the treatment and supervision\nteam or members of the treatment order team;\n(d) monitoring the progress of the offender subject to the order;\n(e) managing the work of the court in relation to drug and alcohol\ntreatment orders.\n(2) It is not a requirement of a case conference under this section that the\noffender or the offender’s lawyer be present unless the court directs\notherwise.\n\nPart 2B Remuneration, allowances and\nother entitlements of judges\n37T Meaning of entitlements\nentitlements means a benefit other than remuneration or allowances.\n37U Resident judges\n(1) This section applies to a person (other than a person to whom the\nA.C.T. Self-Government (Consequential Provisions) Act 1988\n(Cwlth), section 29A (2) applies) who is appointed as a resident\n(2) A person to whom this section applies is entitled to the same\nremuneration, allowances and entitlements as a judge of the Federal\nCourt is entitled to from time to time.\n(3) However, subsection (2) is subject to the following provisions:\n(a) subsections (4) to (6);\n(b) section 37UA (Indemnity for superannuation surcharge levy);\n(c) section 37UB (Salary of former President).\n(4) For subsection (2), the Judges’ Pensions Act 1968 (Cwlth) and the\nJudges (Long Leave Payments) Act 1979 (Cwlth) apply in relation to\na person to whom this section applies, to the extent to which they are\ncapable of being applied, as if—\n(a) those Acts were territory laws; and\n(b) the person had been a judge of the Federal Court immediately\nbefore the person died or retired, had been appointed to that\ncourt when appointed as a resident judge and had served as a\njudge of that court for a period equal to the period of the person’s\nservice as a resident judge; and\n\nRemuneration, allowances and other entitlements of judges Part 2B\n(c) the Judges’ Pensions Act 1968 (Cwlth), section 6A applied to\nthe person, and section 6B did not apply to the person, whether\nor not the person’s surcharge debt account (if any) is in debit\nwhen a pension becomes payable to the person; and\n(d) a reference to the Attorney-General of the Commonwealth were\na reference to the Attorney-General; and\n(e) a reference to the Governor-General of the Commonwealth were\na reference to the Executive; and\n(f) a reference to the Constitution, section 72 were a reference to\nthe Judicial Commissions Act 1994, section 5; and\n(g) a reference to the Consolidated Revenue Fund were a reference\nto the public money of the Territory; and\n(h) a reference to the administrative review tribunal of the\nCommonwealth were a reference to the ACAT; and\n(i) a reference in the Judges’ Pensions Act 1968 (Cwlth) to\na marital relationship included a reference to a relationship\nbetween 2 people of the same sex, subject otherwise to that Act,\nsection 4AB (Marital relationship); and\n(j) a reference in the Judges (Long Leave Payments) Act 1979\n(Cwlth) to a widow or widower of a judge who has died included\na reference to anyone else who was the domestic partner of the\njudge when the judge died; and\n(k) all other necessary changes, and any changes prescribed by\nregulation, were made.\nNote 1 A reference to a Cwlth Act includes a reference to the Act as originally\nmade and as amended (see Legislation Act, s 102).\nNote 2 For the meaning of domestic partner, see the Legislation Act, s 169.\n\n(5) To remove any doubt, for the application of the Judges’ Pensions\nAct 1968 (Cwlth) to a person to whom this section applies, a reference\nin that Act to the appropriate current judicial salary in relation to the\nperson is—\n(a) for a person who was Chief Justice—a reference to salary at the\nrate that would be payable to the person as Chief Justice if the\nperson had not died or retired; and\n(b) for a person who was President—a reference to salary at the rate\nthat would be payable to the person as President if the person\nhad not died or retired; and\n(c) for a person who was appointed to an office that has been\nabolished—a reference to the amount determined by the\nMinister to be reasonable having regard to the rate of salary\npayable—\n(i) for the office before it was abolished; and\n(ii) for other offices under this part.\n(6) For subsection (5), salary includes salary (however described)\npayable under a determination of the remuneration tribunal.\n(7) A determination made under subsection (5) (c)—\n(a) is a notifiable instrument; and\n(b) for the first determination made in relation to the holder of the\nabolished office—takes effect on, unless otherwise stated in the\ndetermination, the day immediately after the office is abolished.\n37UA Indemnity for superannuation surcharge levy\n(1) This section applies if—\n(a) a judge or other person is entitled to be paid a pension under this\nAct; and\n\nRemuneration, allowances and other entitlements of judges Part 2B\n(b) the commissioner of taxation has notified the judge or other\nperson that the judge or other person is liable to pay the amount\nof superannuation contributions surcharge stated in the notice;\nand\n(c) the superannuation contributions surcharge relates to\nsurchargeable contributions made in relation to the judge.\n(2) The Territory must indemnify the judge or other person against the\nliability to pay the amount stated in the notice.\n(3) The public money of the Territory is appropriated to the extent\nnecessary for payment of the amount indemnified.\n(4) A term used in this section that is defined in the Superannuation\nContributions Tax (Assessment and Collection) Act 1997 (Cwlth) has\nthe same meaning in this section.\n","sortOrder":42},{"sectionNumber":"37V","sectionType":"section","heading":"Acting judge—conditions of appointment","content":"37V Acting judge—conditions of appointment\nAn acting judge is appointed on the conditions decided by the\nExecutive, subject to this Act and any determination under the\nRemuneration Tribunal Act 1995.\n","sortOrder":43},{"sectionNumber":"37W","sectionType":"section","heading":"Dual appointments","content":"37W Dual appointments\nsuperior court office, in relation to a judge of the court who holds\noffice as a judge of a superior court of record of the Commonwealth,\na State or another Territory, means the office of judge of that superior\ncourt of record.\n(2) Subject to subsections (3) and (4), a judge is not entitled to\nremuneration, allowances or entitlements if the judge—\n(a) concurrently holds a superior court office; and\n(b) is entitled to remuneration, allowances or entitlements (as the\ncase requires) in relation to the superior court office.\n\n(3) If the amount of remuneration or allowances to which a judge would\nbe entitled as a judge of the court if subsection (2) did not apply\nexceeds the remuneration or allowances (as the case may be) to which\nhe or she is entitled in relation to his or her superior court office, the\njudge is entitled to receive an additional amount equal to that excess.\n(4) If the entitlements to which a judge would be entitled as a judge of\nthe court if subsection (2) did not apply—\n(a) are of a type not provided for in relation to his or her superior\ncourt office; or\n(b) are of a better quality than those provided for in relation to his\nor her superior court office;\nthe judge is entitled to receive entitlements of that type or quality.\n(5) This section does not apply to an acting judge of the court.\n","sortOrder":44},{"sectionNumber":"37X","sectionType":"section","heading":"Accrual and appropriation","content":"37X Accrual and appropriation\n(1) The remuneration and allowances to which a judge is entitled accrue\nfrom day-to-day.\n(2) The public money of the Territory is appropriated to the extent\nnecessary for payment to judges of remuneration and allowances.\n\nOfficers Part 4\n","sortOrder":45},{"sectionNumber":"46","sectionType":"section","heading":"Appointments","content":"46 Appointments\n(1) The Attorney-General must appoint a person as the registrar of the\nSupreme Court.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see Legislation\nAct, s 207).\nNote 3 Certain Ministerial appointments require consultation with an Assembly\ncommittee and are disallowable (see Legislation Act, div 19.3.3).\n(2) The director-general must appoint a person as the sheriff of the\nTerritory.\n(3) The registrar may appoint the deputy registrars of the court and other\nofficers of the court that are necessary.\n(4) The sheriff may appoint the deputy sheriffs of the Territory.\n(5) A person appointed under subsection (3) or (4) must be a public\nservant.\n","sortOrder":46},{"sectionNumber":"47","sectionType":"section","heading":"Functions of registrar and deputy registrars","content":"47 Functions of registrar and deputy registrars\n(1) The registrar has power to administer oaths and may exercise the\nother functions given to the registrar under this Act, another territory\nlaw or a special order of the court.\n(2) Subject to this Act and to any directions of the registrar, a deputy\nregistrar may exercise the functions of the registrar under this Act or\nanother territory law.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations and rules (see\nLegislation Act, s 104).\n\n(3) The exercise of a function by a deputy registrar does not affect the\npower of the registrar to exercise the function.\n","sortOrder":47},{"sectionNumber":"48","sectionType":"section","heading":"Oath or affirmation of office—registrar","content":"48 Oath or affirmation of office—registrar\nBefore exercising the functions of office, the registrar shall take or\nmake—\n(a) an oath or affirmation in accordance with schedule 1, part 1.3;\nor\n(b) an oath or affirmation in accordance with schedule 1, part 1.4;\nbefore a judge.\n","sortOrder":48},{"sectionNumber":"50","sectionType":"section","heading":"Functions of sheriff","content":"50 Functions of sheriff\nThe sheriff shall—\n(a) serve or execute any process of the court directed to him or her;\nand\n(b) make due return to the court of such process; and\n(c) take due charge of any person committed to his or her custody\nby the court; and\n(d) discharge any such person as directed by the court or as required\nunder a territory law.\n","sortOrder":49},{"sectionNumber":"51","sectionType":"section","heading":"Deputy sheriffs","content":"51 Deputy sheriffs\n(1) Subject to this Act and the directions of the sheriff, a deputy sheriff\nmay exercise the functions of the sheriff under this Act or another\nterritory law.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations and rules (see\nLegislation Act, s 104).\n(2) In exercising the functions of the sheriff, a deputy sheriff has all the\nrights, privileges, immunities and liabilities of the sheriff.\n\nOfficers Part 4\n(3) The exercise of a function by a deputy sheriff does not affect the\npower of the sheriff to exercise the function.\n","sortOrder":50},{"sectionNumber":"52","sectionType":"section","heading":"Process of court if sheriff or deputy sheriff is interested","content":"52 Process of court if sheriff or deputy sheriff is interested\nparty\n(1) If the sheriff or a deputy sheriff is a party to a cause in the court, any\nprocess of the court in the cause that would, except for this section,\nbe directed to the sheriff or the deputy (as the case may be) shall be\ndirected to a disinterested person appointed by the court.\n(2) A person appointed under subsection (1) shall—\n(a) serve or execute a process directed to him or her; and\n(b) make due return of the process to the court.\n(3) In exercising the functions of the sheriff or deputy sheriff, a person\nappointed under subsection (1) has all the rights, privileges,\nimmunities and liabilities of the sheriff or a deputy sheriff (as the case\nrequires).\n","sortOrder":51},{"sectionNumber":"53","sectionType":"section","heading":"Sheriff’s assistants","content":"53 Sheriff’s assistants\n(1) The sheriff may appoint public servants to assist in the exercise of the\nsheriff’s functions.\nNote 1 For the making of appointments (including acting appointments), see\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act 2001, s 7 (3)) and an appointment may be made\nby naming a person or nominating the occupant of a position (see s 207).\n(2) A person appointed under subsection (1) (a sheriff’s assistant)—\n(a) may exercise any function given to the sheriff, subject to this\nAct and any directions of the sheriff; and\n(b) has the rights, privileges, immunities and liabilities of the\nsheriff.\n\n(3) Anything done by a sheriff’s assistant is taken to have been done by\nthe sheriff.\n\n","sortOrder":52},{"sectionNumber":"55A","sectionType":"section","heading":"Hearing of bail applications","content":"55A Hearing of bail applications\n(1) Unless the court otherwise directs, where—\n(a) a person who is in custody is required or entitled to appear, or is\nrequired to be brought, before the court for the hearing of an\napplication in relation to bail; and\n(b) an audiovisual link is available between the place where the\ncourt is sitting and a place where the person is in custody;\nthe proceeding shall be conducted by the audiovisual link.\n(2) The court may at any time vary or revoke a direction made under\nsubsection (1), either on its own initiative or on the application of a\nparty to the proceeding.\n(3) This section does not apply in relation to a child.\naudiovisual link—see the Evidence (Miscellaneous Provisions)\nAct 1991, dictionary.\n","sortOrder":53},{"sectionNumber":"58A","sectionType":"section","heading":"Supreme Court trials—evidence of dead or absent","content":"58A Supreme Court trials—evidence of dead or absent\npersons\n(1) On the trial before the Supreme Court of a person who has been\ncommitted for trial, whether for the offence in relation to which the\nperson was committed for trial or for an offence founded on evidence\ndisclosed in the course of the committal hearing, it is provided that—\n(a) a witness whose depositions were taken in the course of the\ncommittal proceedings is dead, is so ill as not to be able to travel\nor give evidence or is absent from Australia; and\n\n(b) if the witness gave evidence in person at the committal hearing,\nthe accused person or the accused person’s lawyer had the\nopportunity to cross-examine the witness;\nany of the statements in the depositions that would, if the witness who\nmade the depositions had given evidence on the trial have been\nadmissible, are admissible as evidence on the trial.\ndepositions, of a witness, means—\n(a) if a record of the depositions was made in accordance with the\nMagistrates Court Act 1930, section 316 (2) (Record of\nproceedings)—a transcript of the record certified in accordance\nwith that Act, section 314 (2) (Registrar to give directions for\npreparation of transcript); or\n(b) if the depositions were taken down in writing and signed in\naccordance with the Magistrates Court Act 1930,\nsection 316 (3)—the depositions taken down and signed.\n","sortOrder":54},{"sectionNumber":"60A","sectionType":"section","heading":"Power to complete part-heard proceedings","content":"60A Power to complete part-heard proceedings\n(1) This section applies if a proceeding (including a proceeding in the\nFull Court or the Court of Appeal) is not finally determined when a\njudge (the former judge) hearing the proceeding ceases to hold office.\n(2) The former judge—\n(a) is taken to continue to hold office for the purpose of determining\nthe proceeding; and\n(b) may continue to exercise the court’s jurisdiction for the purpose\nof hearing and determining the proceeding, including giving\njudgment, making an order or completing or otherwise\ncontinuing to deal with any matter relating to the proceeding.\n\n(3) However, the former judge is not entitled to any remuneration,\nallowances or entitlements under this Act for holding office under this\nsection.\n(4) This section does not apply if a judge is removed from office.\n(5) Nothing in this section prevents a person being appointed as an acting\n","sortOrder":55},{"sectionNumber":"61","sectionType":"section","heading":"Reserved judgments","content":"61 Reserved judgments\n(1) If judgment is reserved in a proceeding before the Full Court after a\nfull hearing, the judgment of the court (including the judgment of 1 or\nmore of the judges sitting on the court) may later be delivered, orally\nor in writing, by any of the sitting judges.\n(2) It is not necessary for the other judges sitting on the Full Court in the\nproceeding to be present when judgment is delivered.\n","sortOrder":56},{"sectionNumber":"63","sectionType":"section","heading":"Change of venue","content":"63 Change of venue\n(1) At any stage of proceedings on a cause or matter in the court, the court\nmay order that the cause or matter be heard at a specified place within\nAustralia, or continued at another specified place within Australia,\nsubject to section 18 (1) and to any conditions specified in the order.\n(2) After a cause or matter in the court has been heard at a place, the court\nmay give further hearing or consideration to the cause or matter, or\npronounce judgment, at a sitting of the court at another place within\nAustralia, subject to section 18 (1).\n","sortOrder":57},{"sectionNumber":"64","sectionType":"section","heading":"Seals","content":"64 Seals\n(1) The Court of Appeal must have a seal.\n(2) The Supreme Court must have a seal.\n\n","sortOrder":58},{"sectionNumber":"67A","sectionType":"section","heading":"Vexatious litigants","content":"67A Vexatious litigants\naggrieved person, in relation to proceedings, means a person\naggrieved by the institution of those proceedings.\nproceedings means any cause, matter, action, suit or proceeding of\nany other kind within the jurisdiction of any court or tribunal and\nincludes any proceeding taken in connection with any such legal\nproceedings pending before any court or tribunal.\nvexatious proceedings means proceedings—\n(a) the purpose of which is to harass or annoy, to cause delay or for\nsome other ulterior purpose; or\n(b) that lack reasonable grounds.\n(2) If, on the application of the Attorney-General or an aggrieved person,\nthe court is satisfied that a person has frequently instituted vexatious\nproceedings, the court may declare the person to be a vexatious\nlitigant.\n(3) If a person is declared to be a vexatious litigant—\n(a) the person, or a person acting in concert with the person, shall\nnot institute or continue any proceedings or, for a declaration\nexpressed to apply only in relation to a particular type of matter,\nproceedings of that type, without the leave of the court; and\n(b) any proceedings pending at the time of the declaration or, for a\ndeclaration expressed to apply only in relation to a particular\ntype of matter, proceedings of that type, are stayed subject to\nany order of the court in relation to those proceedings.\n(4) If the court gives leave to a person for subsection (3) (a), it may\nimpose the conditions it considers appropriate.\n\n(5) Conditions imposed under subsection (4) in relation to proceedings\nmay include conditions—\n(a) relating to security for costs in the proceedings; and\n(b) specifying matters relating to the issue of process in the\n(6) Unless expressed to remain in force until the end of a date specified\nin the declaration, a declaration remains in force until revoked by the\ncourt.\n(7) The court may vary a declaration.\n(8) Subject to any order of the court, a declaration, or a variation or\nrevocation of a declaration, is a notifiable instrument.\nNote Power to make a notifiable instrument includes power to make different\nprovision in relation to different matters or different classes of matters,\nand to make an instrument that applies differently by reference to stated\nexceptions or factors (see Legislation Act, s 48).\n(9) If proceedings are instituted by a person in contravention of this\nsection, the proceedings shall be taken to have been permanently\nstayed.\n(10) If practicable, any documents filed or lodged with a court or tribunal\nby a person in proceedings referred to in subsection (9) shall be\nreturned to the person by the registrar or similar officer of a court or\ntribunal.\n(11) Notwithstanding subsection (3), a person declared to be a vexatious\nlitigant may, without the leave of the court, apply to the court for the\nrevocation or variation of the declaration or of any conditions to\nwhich the declaration is subject.\n\n","sortOrder":59},{"sectionNumber":"68","sectionType":"section","heading":"Prosecution of indictable offences","content":"68 Prosecution of indictable offences\n(1) Subject to subsection (2), an indictable offence triable before the\ncourt shall be prosecuted by information in the name of the Attorney-\nGeneral or of any other person the Attorney-General, in writing,\nappoints for this subsection.\n(2) The Attorney-General may file an information under subsection (1)\nwithout examination or commitment for trial of the accused person.\n(3) On an information being filed without examination or commitment\nfor trial, the court may—\n(a) cause a summons to be issued to the accused person to appear at\nthe time and place specified in the summons and there to answer\nthe charge specified in the information; or\n(b) issue a warrant for the arrest of the accused person and hold him\nor her in custody or admit him or her to bail.\n(4) If a person has been committed for trial on a charge for an indictable\noffence triable before the court, the information against the person\nmay include, either in substitution for, or in addition to, a count\ncharging the offence for which the person was committed, a count\nfounded on a fact or evidence disclosed in the course of the committal\n(5) Subsection (4) does not authorise the inclusion of more than 1 count\nin the same information unless those counts may lawfully be joined\nin a single information.\n\nTrial on indictment Part 7\n(6) If a person is under commitment on a charge of an indictable offence\ntriable before the court, the Attorney-General, or any other person the\nAttorney-General, by instrument, appoints this subsection, may\ndecline to proceed further in the prosecution and, if the accused\nperson is in custody, may, by warrant, direct the discharge of the\naccused person from custody, and the accused person shall be\ndischarged accordingly.\n","sortOrder":60},{"sectionNumber":"68A","sectionType":"section","heading":"Trial by jury in criminal proceedings","content":"68A Trial by jury in criminal proceedings\nCriminal proceedings shall be tried by a jury, except as otherwise\nprovided by this part.\n","sortOrder":61},{"sectionNumber":"68B","sectionType":"section","heading":"Trial by judge alone in certain criminal proceedings","content":"68B Trial by judge alone in certain criminal proceedings\n(1) A criminal proceeding against an accused person for an offence other\nthan an excluded offence must be tried by a judge alone if—\n(a) the person elects in writing to be tried by a judge alone; and\n(b) the person produces a certificate signed by a legal practitioner\nstating that—\n(i) the legal practitioner has advised the person in relation to\nthe election; and\n(ii) the person has made the election freely; and\n(c) the election and certificate are filed in the court before—\n(i) the person, or the person’s legal representative, knows the\nidentity of the judge for the person’s trial; and\n(ii) any time limit prescribed under the rules; and\n(d) if there is more than 1 accused person in the proceeding—\n(i) each other accused person also elects to be tried by a judge\nalone; and\n\n(ii) each other accused person’s election is made in relation to\nall offences for which that person is to be tried in the\nproceeding; and\n(iii) none of the offences for which any other accused person is\nto be tried is an excluded offence.\n(2) An accused person who elects to be tried by a judge alone may, at any\ntime before the person is arraigned, elect to be tried by a jury.\n(3) If an accused person makes and then withdraws an election, the\nperson may not make another election.\nexcluded offence means an offence against a provision mentioned in\nan item in schedule 2 (Trial by judge alone—excluded offences),\npart 2.2, column 3 of an Act mentioned in the item, column 2.\n","sortOrder":62},{"sectionNumber":"68C","sectionType":"section","heading":"Verdict of judge in criminal proceedings","content":"68C Verdict of judge in criminal proceedings\n(1) A judge who tries criminal proceedings without a jury may make any\nfinding that could have been made by a jury as to the guilt of the\naccused person and any such finding has, for all purposes, the same\neffect as a verdict of a jury.\n(2) The judgment in criminal proceedings tried by a judge alone must\ninclude the principles of law applied by the judge and the findings of\nfact on which the judge relied.\n(3) In criminal proceedings tried by a judge alone, if a territory law\nrequires a warning or direction to be given, or a comment to be made,\nto a jury in the proceedings, the judge must take the warning, direction\nor comment into account in considering his or her verdict.\n\nBack-up and related offences Part 8\n68CA Definitions––pt 8\nback-up offence, in relation to an indictable offence (the first\nindictable offence), means an offence––\n(a) that is––\n(i) a summary offence; or\n(ii) an indictable offence that is capable of being dealt with\nsummarily by the Magistrates Court under the Magistrates\nCourt Act 1930, part 3.6 (Proceedings for offences\npunishable summarily); and\n(b) at least some of the elements of which are similar to the elements\nthat constitute the first indictable offence; and\n(c) that is to be prosecuted on the same facts as the first indictable\nrelated offence, in relation to an indictable offence (the first\nindictable offence), means an offence, other than a back-up\noffence—\n(a) that is––\n(i) a summary offence; or\n(ii) an indictable offence that is capable of being dealt with\nsummarily by the Magistrates Court under the Magistrates\nCourt Act 1930, part 3.6 (Proceedings for offences\npunishable summarily); and\n(b) that arises from substantially the same circumstances as those\nfrom which the first indictable offence has arisen.\n\n","sortOrder":63},{"sectionNumber":"68D","sectionType":"section","heading":"Back-up and related offences","content":"68D Back-up and related offences\n(1) This section applies in the following circumstances:\n(a) if the Magistrates Court commits an accused person for trial or\nsentencing to the Supreme Court under any of the following\nprovisions of the Magistrates Court Act 1930:\n(i) section 88B (Court may waive committal proceedings);\n(ii) section 90A (7) (Plea of guilty at committal hearing);\n(iii) section 92A (1) (Committal for sentence for indictable\noffence tried summarily);\n(iv) section 94 (1) (b) (Discharge or committal for trial);\n(v) section 291G (2) (Childrens Court may send cases to\nSupreme Court for sentencing);\n(b) at the conclusion of the trial of an accused person for an\nindictable offence, or in the course of a sentencing proceeding.\n(2) The court must deal with any back-up or related offence with which\nthe accused person has been charged if the court considers that it is in\nthe interests of justice.\n(3) The court may deal with a back-up or related offence with which an\naccused person has been charged even though it is not doing so in\nrelation to a back-up or related offence with which another accused\nperson in the same proceedings is charged.\n\nBack-up and related offences Part 8\n","sortOrder":64},{"sectionNumber":"68E","sectionType":"section","heading":"Procedure","content":"68E Procedure\n(1) The court shall deal with a back-up or related offence under this\npart—\n(a) without a jury; and\n(b) on the basis only—\n(i) of evidence given during the trial of the accused person for\nany indictable offence in the same proceedings; and\n(ii) of any additional evidence given under this section.\n(2) The prosecutor or the accused person may, with the leave of the court,\ncall additional evidence in relation to the back-up or related offence.\n(3) In sentencing or otherwise dealing with a person for a back-up or\nrelated offence, the court has the same functions as the Magistrates\nCourt.\n","sortOrder":65},{"sectionNumber":"68F","sectionType":"section","heading":"Remission of back-up and related offences to Magistrates","content":"68F Remission of back-up and related offences to Magistrates\nThe court may, at any time, remit a back-up or related offence being\ndealt with under this part to the Magistrates Court.\n","sortOrder":66},{"sectionNumber":"68G","sectionType":"section","heading":"Alternative verdict—summary offence","content":"68G Alternative verdict—summary offence\n(1) This section applies if, on the trial of a person for an indictable\noffence against a territory law—\n(a) the person is found not guilty of the offence but guilty of another\noffence that, under that law, is an alternative offence; and\n(b) the alternative offence is a summary offence.\n(2) The court may sentence or otherwise deal with the person for the\nalternative offence.\n(3) In sentencing or otherwise dealing with the person, the court has the\nsame functions as the Magistrates Court.\n\n","sortOrder":67},{"sectionNumber":"68H","sectionType":"section","heading":"Application—pt 8AA","content":"68H Application—pt 8AA\n(1) This part applies if—\n(a) a person has been acquitted of an offence (a principal offence);\nand\n(b) a double jeopardy law of the Territory would, but for this part,\nprevent the person from being retried for the principal offence,\nor from being tried for another offence, in a proceeding in the\nACT.\n(2) A reference to a person acquitted of a principal offence includes a\nperson acquitted of a principal offence in a proceeding in another\njurisdiction if a law of the jurisdiction provides for the retrial of the\nperson for the offence, or the trial of the person for another offence.\n(3) This part abrogates the doctrine of double jeopardy, however\nexpressed in a double jeopardy law, to the extent necessary for the\noperation of this part and—\n(a) confers on the Crown a right of appeal against an acquittal in a\ncriminal proceeding; and\n(b) permits the retrial of a person acquitted of an offence\n(the acquittal offence), and the trial of the person for another\nNote A reference to a territory law includes a reference to an Act and the\ncommon law (see Legislation Act, dict, pt 1, def territory law).\n\nImportant concepts Division 8AA.2\ndouble jeopardy law means a territory law that gives effect to a rule\nof double jeopardy in a criminal proceeding.\nExample—law that gives effect to a rule of double jeopardy\na law that does any of the following in relation to a criminal proceeding:\n(a) makes available the plea of autrefois acquit or autrefois convict;\n(b) gives effect to the principle that a person should not be punished more than\nonce for the same matter;\n(c) gives effect to the principle of finality of an acquittal;\n(d) prevents an abuse of process brought about by repeated prosecution for an\noffence when the repeated prosecution is based on facts that are manifestly\ninconsistent with a previous acquittal or previous conviction\n","sortOrder":68},{"sectionNumber":"68I","sectionType":"section","heading":"Definitions—pt 8AA","content":"68I Definitions—pt 8AA\nacquittal—see section 68J.\nadministration of justice offence means—\n(a) if the offence is committed in the ACT—an offence under the\nCriminal Code, chapter 7 (Administration of justice offences)\nother than part 7.3 (a chapter 7 offence); or\n(b) if the offence is committed in a jurisdiction other than the\nACT—a corresponding offence to a chapter 7 offence.\nanother jurisdiction means a jurisdiction other than the ACT and\nincludes a jurisdiction outside Australia.\ncategory A offence means an offence punishable by imprisonment for\nlife.\ncategory B offence means an offence punishable by imprisonment for\nlife or imprisonment for 15 years or longer.\n\ncompelling, evidence—see section 68K.\ncourt means the Court of Appeal.\nfresh, evidence—see section 68K.\ntainted, acquittal—see section 68L.\n","sortOrder":69},{"sectionNumber":"68J","sectionType":"section","heading":"Meaning of acquittal—pt 8AA","content":"68J Meaning of acquittal—pt 8AA\n(1) For this part an acquittal in a criminal proceeding includes—\n(a) an order of an appellate court that quashes a conviction or\nfinding of guilt for an offence; and\n(b) a verdict, returned or entered, of not guilty of an offence.\n(2) However, for this part, an acquittal in a criminal proceeding does not\ninclude a special verdict of not guilty of an offence because of mental\nimpairment, returned or entered, under the Crimes Act 1900,\ndivision 13.3 or the Criminal Code, section 28 (7).\n(3) In this section:\nfinding of guilt, for an offence, means—\n(a) an order made for the offence under the Crimes (Sentencing)\nAc 2005, section 17 (Non-conviction orders—general); and\n(b) a decision by a court to take the offence into account under the\nCrimes (Sentencing) Act 2005, section 57 (Outstanding\nadditional offences taken into account in sentencing).\n","sortOrder":70},{"sectionNumber":"68K","sectionType":"section","heading":"Meaning of fresh and compelling evidence—pt 8AA","content":"68K Meaning of fresh and compelling evidence—pt 8AA\n(1) For this part, evidence against a person acquitted of an offence is\nfresh if the evidence—\n(a) was not tendered in the proceeding in which the person was\nacquitted of the offence; and\n\nImportant concepts Division 8AA.2\n(b) could not, in the course of an exercise of reasonable diligence,\nhave been tendered in the proceeding.\n(2) However, for this part, evidence against a person acquitted of an\noffence is not fresh if the evidence—\n(a) was, or was considered to be, inadmissible in the proceeding in\nwhich the person was acquitted of the offence; and\n(b) would, as a result of a change in the law on or after the person\nwas acquitted of the offence, be admissible in a proceeding in\nwhich the person is retried for the offence.\n(3) For this part, evidence against a person acquitted of an offence is\ncompelling if the evidence is—\n(a) reliable; and\n(b) substantial; and\n(c) highly probative of the guilt of the acquitted person in the\ncontext of the issues in dispute in the proceeding in which the\nperson was acquitted.\n","sortOrder":71},{"sectionNumber":"68L","sectionType":"section","heading":"Meaning of tainted acquittal—pt 8AA","content":"68L Meaning of tainted acquittal—pt 8AA\n(1) For this part, an acquittal is tainted if—\n(a) the person acquitted of an offence (the acquittal offence), or\nsomeone else, has been convicted of an administration of justice\noffence that is relevant to the proceeding in which the acquittal\nhappened; and\n(b) it is more likely than not that, but for the commission of the\nadministration of justice offence, the acquitted person would\nhave been convicted of the acquittal offence.\n(2) However, an acquittal is not tainted if the conviction for the\nadministration of justice offence is subject to an appeal for which\nleave is not required.\n\n","sortOrder":72},{"sectionNumber":"68M","sectionType":"section","heading":"Court may order retrial—category A offence","content":"68M Court may order retrial—category A offence\norder a person acquitted of an offence (an acquitted person) to be\nretried for a category A offence if satisfied that—\n(a) there is fresh and compelling evidence against the acquitted\nperson in relation to the offence; and\n(2) If the court orders the acquitted person to be retried, the court must\nquash the person’s acquittal and remove the acquittal as a bar to the\nperson being retried for a category A offence.\n(3) The court may, under this section, order the acquitted person to be\nretried for a category A offence even if the person was acquitted of a\nlesser offence.\n(4) The acquitted person is entitled to appear at the hearing of an\n(5) This section applies only if the acquittal that is the subject of the\napplication happened on or after the commencement of the Supreme\nCourt Amendment Act 2016, section 3.\n","sortOrder":73},{"sectionNumber":"68N","sectionType":"section","heading":"Court may order retrial—category B offence","content":"68N Court may order retrial—category B offence\norder a person acquitted of an offence (an acquitted person) to be\nretried for a category B offence if satisfied that—\n(a) the person’s acquittal is tainted; and\n\nRetrial etc of acquitted person Division 8AA.3\n(2) If the court orders the acquitted person to be retried, the court must\nquash the person’s acquittal and remove the acquittal as a bar to the\nperson being retried for a category B offence.\n(3) The court may, under this section, order the acquitted person to be\nretried for a category B offence even if the person was acquitted of a\nlesser offence.\n(4) If the court makes an order under this section for an acquitted person\nto be retried, based on the person’s conviction for an administration\nof justice offence (the justice offence), and the conviction for the\njustice offence is quashed after the order is made, the acquitted person\nmay apply to the court to set aside the order and—\n(a) restore the acquittal that was quashed; or\n(b) restore the acquittal as a bar to the acquitted person being retried\nfor an offence.\n(5) The acquitted person is entitled to appear at the hearing of an\n(6) This section applies whether the acquittal that is the subject of the\napplication happened before, on or after the commencement of the\nSupreme Court Amendment Act 2016, section 3.\n","sortOrder":74},{"sectionNumber":"68O","sectionType":"section","heading":"Court may order trial—administration of justice offence","content":"68O Court may order trial—administration of justice offence\norder a person who has been acquitted of an indictable offence\n(an acquitted person) to be tried for an administration of justice\noffence that is related to the proceeding for the indictable offence, if\nsatisfied that—\n(a) there is fresh evidence against the acquitted person; and\n(b) the evidence is relevant to the administration of justice offence;\nand\n\n(c) it is in the interests of justice for the order to be made.\n(2) If the court orders the acquitted person to be tried for the\nadministration of justice offence, the court must quash the person’s\nacquittal for the indictable offence and remove the acquittal for the\nindictable offence as a bar to the person being tried for the\nadministration of justice offence.\n(3) The acquitted person is entitled to appear at the hearing of an\n(4) This section applies whether the acquittal that is the subject of the\napplication happened before, on or after the commencement of the\nSupreme Court Amendment Act 2016, section 3.\n","sortOrder":75},{"sectionNumber":"68P","sectionType":"section","heading":"Interests of justice","content":"68P Interests of justice\nWhen determining whether an order under section 68M (Court may\norder retrial—category A offence), section 68N (Court may order\nretrial—category B offence) or section 68O (an order) is in the\ninterests of justice, the court must take into account the following:\n(a) whether an acquitted person to whom the order would relate is,\nin the circumstances, likely to receive a fair trial;\n(b) the period since the offence, for which an acquitted person\nwould be tried or retried as a result of an order, was committed;\n(c) whether a police officer or prosecutor has failed to act with\nreasonable diligence or expedition in relation to the application\nfor an order.\n\nProcedure Division 8AA.4\nSubdivision 8AA.4.1 Applications under pt 8AA\n","sortOrder":76},{"sectionNumber":"68Q","sectionType":"section","heading":"Conditions for retrial application","content":"68Q Conditions for retrial application\n(1) An application under section 68M (Court may order retrial—category\nA offence) or section 68N (Court may order retrial—category B\noffence) for the retrial of an acquitted person must not be made\nunless—\n(a) the acquitted person has been charged with the offence for which\nthe retrial is sought (the retrial offence); or\n(b) a warrant has been issued for the person’s arrest in relation to\nthe retrial offence.\n(2) The application must be made not later than 28 days after the person\nis charged with the retrial offence or the warrant is issued for the\nperson’s arrest in relation to the retrial offence.\n(3) The court may extend the period mentioned in subsection (2).\n","sortOrder":77},{"sectionNumber":"68R","sectionType":"section","heading":"Limitations on retrial application","content":"68R Limitations on retrial application\n(1) Not more than 1 application in relation to the same acquittal may be\nmade under this part for the retrial of an acquitted person.\n(2) For an acquittal that happens in a retrial ordered under this part—\n(a) no further application may be made under section 68M (Court\nmay order retrial—category A offence) in relation to the\nacquittal; but\n(b) a further application may be made under section 68N (Court\nmay order retrial—category B offence) in relation to the\nacquittal.\n\n","sortOrder":78},{"sectionNumber":"68S","sectionType":"section","heading":"Conditions for justice offence trial application","content":"68S Conditions for justice offence trial application\n(1) An application under section 68O (Court may order trial—\nadministration of justice offence) for the trial of an acquitted person\nmust not be made unless—\n(a) the person has been charged with the administration of justice\noffence for which the trial is sought (the justice offence); or\n(b) a warrant has been issued for the person’s arrest for the justice\n(2) The application must be made not later than 28 days after the person\nis charged with the justice offence or the warrant is issued for the\nperson’s arrest in relation to the justice offence.\n(3) The Court may extend the period mentioned in subsection (2).\nSubdivision 8AA.4.2 Presentation of indictment\n","sortOrder":79},{"sectionNumber":"68T","sectionType":"section","heading":"Limitations on indictment","content":"68T Limitations on indictment\n(1) If an acquitted person is, by an order under division 8AA.3, liable to\nbe retried for a category A offence or a category B offence, the\ndirector of public prosecutions must not, in a proceeding allowed by\nthe order, present an indictment against the person for an offence that\nwas not enacted at the time the person is alleged to have engaged in\nconduct constituting the offence for which the person was acquitted\nand that was the subject of the application for the order.\n(2) Subsection (3) applies if an acquitted person is, by an order under\ndivision 8AA.3, liable to be—\n(a) retried for a category A offence or a category B offence (a retrial\noffence); and\n\nProcedure Division 8AA.4\n(b) tried for an administration of justice offence (a justice offence),\nin relation to the proceeding for which the person was acquitted\n(the original proceeding) and that was the subject of the\napplication for the order that the person be retried for the\ncategory A or category B offence.\n(3) The director of public prosecutions may, in a proceeding allowed by\nthe order, present an indictment against the person for—\n(a) if the justice offence does not directly controvert the person’s\nacquittal in the original proceeding—both the retrial offence and\nthe justice offence; or\n(b) if the justice offence directly controverts the person’s acquittal\nin the original proceeding—either the retrial offence or the\njustice offence, but not both.\n","sortOrder":80},{"sectionNumber":"68U","sectionType":"section","heading":"Indictment for retrial of category A or category B offences","content":"68U Indictment for retrial of category A or category B offences\n(1) An indictment against a person liable under this part to be retried of\na category A or category B offence must be presented against the\nperson within 2 months after the day the order for the retrial was made\n(the indictment period) under section 68M (Court may order retrial—\ncategory A offence) or section 68N (Court may order retrial—\ncategory B offence) (a retrial order).\n(2) However, the court may give leave to present the indictment after the\nend of the indictment period if it is satisfied that in the\ncircumstances—\n(a) the prosecutor has acted reasonably expeditiously to present the\nindictment; and\n(b) that presenting the indictment will not cause an injustice to the\nperson.\n(3) An indictment presented in accordance with this section may be\namended or replaced at any time if the court is satisfied that amending\nor replacing the indictment will not cause an injustice to the person.\n\n(4) If, after the end of the indictment period, an indictment for the retrial\nhas not been presented or has been withdrawn or quashed, the person\nmay apply to the court for any of the following:\n(a) an order setting aside the retrial order;\n(b) an order restoring the acquittal quashed by the retrial order;\n(c) an order restoring the bar to the person being tried for the\n(5) If the retrial order is set aside, a further application may not be made\nunder this part for the retrial of the person in relation to the offence\nmentioned in the retrial order.\n","sortOrder":81},{"sectionNumber":"68V","sectionType":"section","heading":"Indictment for trial of justice offence","content":"68V Indictment for trial of justice offence\n(1) An indictment against a person liable under this part to be tried for an\nadministration of justice offence must be presented against the person\nwithin 2 months after the day the order for the trial was made\n(the indictment period) under section 68O (Court may order trial—\nadministration of justice offence) (a trial order).\n(2) However, the court may give leave to present the indictment after the\nend of the indictment period if it is satisfied that in the\ncircumstances—\n(a) the prosecutor has acted reasonably expeditiously to present the\nindictment; and\n(b) that presenting the indictment will not cause an injustice to the\nperson.\n(3) An indictment presented in accordance with this section may be\namended or replaced at any time if the court is satisfied that amending\nor replacing the indictment will not cause an injustice to the person.\n\nConduct of proceeding for retrial etc Division 8AA.5\n(4) If, after the end of the indictment period, an indictment for the trial\nhas not been presented or has been withdrawn or quashed, the person\nmay apply to the court for any of the following:\n(a) an order setting aside the trial order;\n(b) an order restoring the acquittal quashed by the trial order;\n(c) an order restoring the bar to the person being tried for the\n(5) If the trial order is set aside, a further application may not be made\nunder section 68O for the trial of the person in relation to the offence\nmentioned in the trial order.\nDivision 8AA.5 Conduct of proceeding for retrial etc\n","sortOrder":82},{"sectionNumber":"68W","sectionType":"section","heading":"Prosecution must not refer to certain matters before jury","content":"68W Prosecution must not refer to certain matters before jury\n(1) At the retrial of a person in accordance with an order under\nsection 68M (Court may order retrial—category A offence) or\nsection 68N (Court may order retrial—category B offence) the\nprosecution must not mention before the jury that the court has found\nthat it appears that—\n(a) there is fresh and compelling evidence against the person; or\n(b) more likely than not, but for the commission of an\nadministration of justice offence, the person would have been\nconvicted of an offence.\n(2) At the trial of a person in accordance with an order under section 68O\n(Court may order trial—administration of justice offence) the\nprosecution must not mention before the jury that the court has found\nthat it appears that there is fresh evidence against the person.\n\n","sortOrder":83},{"sectionNumber":"68X","sectionType":"section","heading":"Entitlement to bail","content":"68X Entitlement to bail\nThe Bail Act 1992, section 9A (Entitlement to bail—offences other\nthan minor offences), applies to a person charged with an offence for\nwhich a retrial, or a trial, is sought under this part.\n","sortOrder":84},{"sectionNumber":"68Y","sectionType":"section","heading":"Single course of action for each proceeding","content":"68Y Single course of action for each proceeding\nA person acquitted of an offence must not in a single proceeding—\n(a) be retried for the offence (the principal offence) under this part;\nand\n(b) be tried for an administration of justice offence related to the\nprincipal offence.\n","sortOrder":85},{"sectionNumber":"68Z","sectionType":"section","heading":"Restrictions on publication","content":"68Z Restrictions on publication\n(1) A person must not publish any matter that identifies or is capable of\nidentifying an acquitted person—\n(a) who is being retried for an offence as a result of an order under\nsection 68M (Court may order retrial—category A offence) or\nsection 68N (Court may order retrial—category B offence); or\n(b) who is being tried for an administration of justice offence as a\nresult of an order under section 68O (Court may order trial—\nadministration of justice offence); or\n(c) who is the subject of—\n(i) a police investigation, or an application for a police\ninvestigation, under the Crimes Act 1900, section 252L\n(Authorisation of police investigations—acquitted person);\nor\nNote Procedure for a police investigation of an offence suspected\nto have been committed by a person acquitted of the offence\nare set out under the Crimes Act 1900, s 252L.\n\nMiscellaneous Division 8AA.6\n(ii) an application for a retrial, or trial for an administration of\njustice offence, or an order for retrial, or trial for an\nadministration of justice offence, under this part.\n(2) However, subsection (1) does not apply if the publication is\nauthorised by order of—\n(a) the court; or\n(b) a court before which the acquitted person is being retried, or\ntried for the administration of justice offence.\n(3) The relevant court may at any time vary or revoke an order under this\nsection.\n(4) The prohibition on publication under this section ceases to have\neffect, subject to any order under this section, when whichever of the\nfollowing happens first:\n(a) there is no longer any step that could be taken which would lead\nto the acquitted person being retried, or tried for the\nadministration of justice offence, under this part;\n(b) if the acquitted person is retried, or tried for an administration of\njustice offence, under this part—the trial ends.\n(5) Nothing in this section affects any prohibition of the publication of\nany matter under any other law in force in the Territory.\n(6) A contravention of this section is punishable as contempt of the\nSupreme Court.\n68ZA Maximum penalty for retrial offence\n(1) This section applies if an acquitted person is—\n(a) retried for a category A offence or a category B offence as a\nresult of an order under division 8AA.3; and\n(b) found guilty of the offence.\n\n(2) When imposing a sentence on the person for the offence, the court\nmust not exceed the maximum penalty for the offence that applied at\nthe time the person is alleged to have engaged in conduct that\nconstituted the offence for which the person was acquitted and that\nwas the subject of the application for the order.\n68ZB Indemnification for costs\n(1) This section applies if—\n(a) an application is made to the court by the director of public\nprosecutions for an order under division 8AA.3 in relation to—\n(i) the retrial of an acquitted person under section 68M (Court\nmay order retrial—category A offence); or\n(ii) the retrial of an acquitted person under section 68N (Court\nmay order retrial—category B offence); or\n(iii) the trial of an acquitted person for an administration of\njustice offence under section 68O (Court may order trial—\nadministration of justice offence); and\n(b) the acquitted person (the applicant) applies to the court for\nindemnification of the applicant’s costs incurred as a result of—\n(i) an application for an order mentioned in paragraph (a); or\n(ii) if the order is granted—a proceeding resulting from the\n(2) The court may make an order, subject to any conditions the court\nthinks appropriate, that the applicant is entitled to be indemnified for\nthe costs mentioned in subsection (1) (b) (an indemnification order)\nif the court is satisfied that the order is in the interests of justice.\n(3) When deciding whether it is in the interests of justice to make an\nindemnification order the court may take into account the following:\n(a) whether the court makes an order mentioned in\nsubsection (1) (a);\n\nMiscellaneous Division 8AA.6\n(b) whether the applicant’s acquittal, that is the subject of the\napplication for an order mentioned in subsection (1) (a), was\nattributable to the act, neglect or fault of the applicant;\n(c) any other matter that the court considers relevant.\n(4) If the court makes an indemnification order in the applicant’s favour\nthe applicant must be indemnified by the Territory, in relation to the\ncosts mentioned in the order, for an amount assessed as reasonably\nincurred.\nNote If a form is approved under the Court Procedures Act 2004, s 8 for an\napplication, the form must be used.\n\nPart 8AB Appeals against conviction for fresh and compelling evidence\nPart 8AB Appeals against conviction for\nfresh and compelling evidence\n68ZC Application—pt 8AB\n(1) This part applies in relation to a person who is convicted or found\nguilty of an offence in the Supreme Court or the Magistrates Court\n(the convicted person).\nconvicted or found guilty, of an offence, includes a conviction or\nfinding of guilt entered before the commencement of this part.\nDivision 8AB.2 Important concepts\n68ZD Definitions—pt 8AB\ncompelling, evidence—see section 68ZE (3).\nconvicted person––see section 68ZC (1).\ncourt means the Court of Appeal.\nfresh, evidence—see section 68ZE (1).\n68ZE Meaning of fresh and compelling evidence—pt 8AB\n(1) For this part, evidence in relation to an offence is fresh if the\nevidence—\n(a) has not been tendered in the proceeding in which the convicted\nperson was convicted or found guilty of the offence, or any\nappeal against the conviction or finding of guilt; and\n\nAppeals against conviction for fresh and compelling evidence Part 8AB\nApplication of pt 2A Division 8AB.3\n(b) could not, in the course of an exercise of reasonable diligence,\nhave been tendered in a proceeding mentioned in paragraph (a).\n(2) To avoid any doubt, subsection (1) does not prevent evidence from\nbeing fresh only because the evidence was, or would have been\nconsidered to be, inadmissible in the proceeding in which the\nconvicted person was convicted or found guilty of the offence.\n(3) For this part, evidence in relation to an offence is compelling if the\nevidence is—\n(a) reliable; and\n(b) substantial; and\n(c) highly probative in the context of the issues in dispute in the\nproceeding in which the person was convicted or found guilty.\nDivision 8AB.3 Application of pt 2A\n68ZF Certain provisions of pt 2A taken to apply\nThe following provisions of part 2A (Court of Appeal) are taken to\napply to this part:\n• section 37E (Appellate jurisdiction)\n• section 37H (Appeal bench)\n• section 37I (Presiding judge)\n• section 37J (Appeal court constituted by a single judge)\n• section 37K (Decision-making)\n• section 37L (Appeal judge unable to continue sitting)\n• section 37M (Reserved judgments)\n• section 37N (Evidence on appeal)\n• section 37P (New trials)\n• section 37Q (Bail time on appeal does not count towards\nsentence).\n\nPart 8AB Appeals against conviction for fresh and compelling evidence\n68ZG Court may grant leave to appeal conviction\n(1) The court may, on application by a convicted person, grant leave for\nthe convicted person to bring an appeal against their conviction or\nfinding of guilt if satisfied that—\n(a) there is fresh and compelling evidence in relation to the offence\nthat should be considered on an appeal; and\n(2) To remove any doubt, the court may grant leave under this section if\na convicted person has previously made an application or been\ngranted leave under this section.\n68ZH Orders on appeal against conviction\n(1) This section applies if the court grants leave under section 68ZG.\n(2) The court, on an appeal against a conviction or finding of guilt, may—\n(a) allow the appeal if it considers that—\n(i) there is fresh and compelling evidence; and\n(ii) after taking into account the fresh and compelling\nevidence, there has been a substantial miscarriage of\njustice; or\n(b) dismiss the appeal.\n(3) If the court allows the appeal, the court must—\n(a) set aside the conviction or finding of guilt; and\n(b) either order—\n(i) a verdict of not guilty to be entered; or\n(ii) a new trial or hearing.\n\n","sortOrder":86},{"sectionNumber":"69A","sectionType":"section","heading":"Definitions—pt 8A","content":"69A Definitions—pt 8A\nIn this division:\nACT court means a court of this jurisdiction mentioned in an item in\nschedule 3, column 2.\ncorresponding court, in relation to an ACT court mentioned in an\nitem in schedule 3, column 2, means a court of another jurisdiction\nmentioned in the item, column 3.\ncourt includes tribunal.\njudicial exchange arrangement means an arrangement under section\n69B.\njudicial officer means a judge or other person who, whether alone or\ntogether with others, constitutes a court, but does not include a lay\nmember of a court.\nparticipating jurisdiction means the Commonwealth, a State or\nanother country if under the law of that jurisdiction a judicial\nexchange arrangement may be entered into with the Attorney-General\nof this jurisdiction.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\nthis jurisdiction means the ACT.\n","sortOrder":87},{"sectionNumber":"69B","sectionType":"section","heading":"Establishment of judicial exchange arrangements","content":"69B Establishment of judicial exchange arrangements\n(1) The Attorney-General of this jurisdiction may enter into an\narrangement with the Attorney-General of a participating jurisdiction\nfor the temporary transfer of judicial officers between ACT courts\nand corresponding courts.\n(2) An arrangement under this section cannot provide for the transfer of\njudicial officers to a federal court of the Commonwealth.\n\n(3) Without limiting subsection (1), an arrangement under this section—\n(a) may require transfers to a court to be subject to the prior\napproval of either or both of the following:\n(i) the Attorney-General of this jurisdiction;\n(ii) the Attorney-General of the participating jurisdiction; and\n(b) may establish the manner and form in which a transfer to a court\nis to be made; and\n(c) may determine the rank, title, status and precedence of a\ntransferred judicial officer.\n","sortOrder":88},{"sectionNumber":"69C","sectionType":"section","heading":"Transfer of judicial officer of another jurisdiction to ACT","content":"69C Transfer of judicial officer of another jurisdiction to ACT\ncourt\n(1) This section applies if a judicial exchange arrangement provides for\nthe transfer to an ACT court of a judicial officer of a corresponding\ncourt.\n(2) The Chief Justice may, in accordance with the judicial exchange\narrangement and with the agreement of the senior judicial officer of\nthe corresponding court, appoint a judicial officer of the\ncorresponding court to act as a judicial officer of the ACT court.\n(3) The judicial officer of the corresponding court is qualified for\nappointment despite any law of this jurisdiction to the contrary.\n(4) The maximum term for which an appointment under this section may\nbe made on any one occasion is 6 months.\n(5) However, an appointment under this section may not extend beyond\nthe retirement age for judicial officers of the ACT court.\n(6) A judicial officer of a corresponding court may be appointed under\nthis section to more than one ACT court.\n\n(7) A judicial officer whose appointment under this section has ceased\nmay complete or otherwise continue to deal with any matters relating\nto proceedings in the ACT court that have been heard, or partly heard,\nby the judicial officer before the appointment under this section\nceased.\n","sortOrder":89},{"sectionNumber":"69D","sectionType":"section","heading":"Service in ACT court of judicial officer of another","content":"69D Service in ACT court of judicial officer of another\njurisdiction\n(1) This section applies to a judicial officer of a corresponding court who\nis appointed to act as a judicial officer of an ACT court in accordance\nwith a judicial exchange arrangement.\n(2) While acting as a judicial officer of the ACT court, the judicial officer\nof the corresponding court has all the powers, authorities, privileges\nand immunities of, and is taken to be for all purposes, a judicial\nofficer of the ACT court.\n(3) Despite subsection (2), territory laws concerning the following\nmatters do not apply to the judicial officer of the corresponding court\nwhile acting as a judicial officer of the ACT court:\n(a) the remuneration, allowances and other conditions of service of\njudicial officers;\n(b) the pension or other superannuation entitlements of judicial\nofficers and related provisions;\n(c) the removal or suspension of judicial officers from office.\n","sortOrder":90},{"sectionNumber":"69E","sectionType":"section","heading":"Service of ACT judicial officer in corresponding court","content":"69E Service of ACT judicial officer in corresponding court\n(1) This section applies to a judicial officer of an ACT court who is\nappointed to act as a judicial officer of a corresponding court in\naccordance with a judicial exchange arrangement.\n\n(2) The judicial officer’s service as a judicial officer of the corresponding\ncourt is taken to be service as a judicial officer of the ACT court for\nthe purposes of territory laws about—\n(a) the remuneration, allowances and other conditions of service of\njudicial officers; and\n(b) the pension or other superannuation entitlements of judicial\nofficers and related provisions; and\n(c) the removal or suspension of judicial officers from office.\n","sortOrder":91},{"sectionNumber":"69F","sectionType":"section","heading":"Judicial office not affected by appointment to another","content":"69F Judicial office not affected by appointment to another\njudicial office\ncourt includes a tribunal (however described) that exercises functions\nof a judicial nature or functions of a similar nature (such as\nconciliation functions, arbitration functions, disciplinary functions or\nadministrative review functions).\njudicial office extends to the office of any member of a court, but\nonly if the holder of the office is required to be a judicial officer or\nhave legal qualifications.\n(2) The doctrine of incompatibility of office—\n(a) does not operate to prevent the holder of a judicial office\n(the original office) from being appointed to another judicial\noffice (the additional office); and\n(b) does not operate to effect or require the surrender or vacation of\nthe original office as a result of the appointment to the additional\noffice.\n(3) This section applies—\n(a) even if the original office or the additional office is held on an\nacting or temporary basis; and\n\n(b) even if the original office or the additional office is a judicial\noffice of another jurisdiction (including, but not limited to,\njudicial offices to which appointments are made under\nsection 69C); and\n(c) even if an appeal lies from a decision of the court of one of the\njudicial offices to the court of the other judicial office; and\n(d) even if the courts of the judicial offices are not of the same\nstatus.\n","sortOrder":92},{"sectionNumber":"69G","sectionType":"section","heading":"Other arrangements not affected","content":"69G Other arrangements not affected\nThis division does not limit or affect any other arrangements under\nwhich—\n(a) a judicial officer of another jurisdiction may be appointed or act\nas a judicial officer of this jurisdiction; or\n(b) a judicial officer of this jurisdiction may be appointed or act as\na judicial officer of another jurisdiction.\n","sortOrder":93},{"sectionNumber":"69H","sectionType":"section","heading":"Amendment of sch 3","content":"69H Amendment of sch 3\nA regulation may amend schedule 3.\n\n","sortOrder":94},{"sectionNumber":"70A","sectionType":"section","heading":"Failure to attend Supreme Court as required","content":"70A Failure to attend Supreme Court as required\n(1) If a person duly bound by recognisance or served with a subpoena to\nattend as a witness in a proceeding before the Supreme Court fails to\nattend, or remain in attendance, before the Supreme Court as required\nby the recognisance or the subpoena, the court may issue its warrant\ndirecting that the person be arrested and brought before the court to\ngive evidence in the proceeding.\n(2) If a person duly bound by a recognisance or served with a subpoena\nto attend as a witness in a proceeding before the Supreme Court\nappears or is brought before the Supreme Court, after having failed to\nattend or remain in attendance before the Supreme Court as required\nby the recognisance or the subpoena, the court may, if satisfied that\nthe failure to attend was without just cause or reasonable excuse—\n(a) order the person to pay a fine not exceeding $5 000; or\n(b) order that the person be imprisoned for not longer than 6 months;\nor\n(c) make orders under both paragraph (a) and (b).\n","sortOrder":95},{"sectionNumber":"71","sectionType":"section","heading":"Security of the peace and for good behaviour","content":"71 Security of the peace and for good behaviour\nThe court may hold persons to security of the peace and for good\nbehaviour in matters arising under the laws of the Territory.\n","sortOrder":96},{"sectionNumber":"74A","sectionType":"section","heading":"Certified copies of transcript of Supreme Court","content":"74A Certified copies of transcript of Supreme Court\nproceedings\n(1) If a record is made of evidence given in a proceeding before the\nSupreme Court, the registrar has custody of the record.\n\nMiscellaneous Part 9\n(2) The registrar shall give the directions necessary to ensure that, as and\nwhen required, a transcript of the record of evidence given in a\nproceeding in the Supreme Court is prepared, and, for the purpose of\nenabling the transcript to be prepared, the record shall be produced\nout of the custody of the registrar.\n(3) The person who—\n(a) prepares a transcript under subsection (2); or\n(b) if such a transcript is prepared under supervision—supervises\nthe transcription;\nshall certify on the transcript that it is a true transcript of the record\nof the proceedings produced out of the custody of the registrar.\n(4) If—\n(a) a record of evidence given in a proceeding in the Supreme Court\nhas been made by means of sound recording apparatus; and\n(b) the sound recording is produced out of the custody of the\nregistrar; and\n(c) the sound recording contains a record of the comments that\npurport—\n(i) to have been made at the same time as the sound recording\nproduced out of the custody of the registrar was made; and\n(ii) to have been made for the purpose of identifying the\nproceeding or the voices recorded by the sound recording\nor any other matter or thing so recorded;\nthe sound recording is evidence of the identity of the proceedings, of\nthe voices or of the other matter or thing, as the case may be.\n(5) On application, the registrar shall, subject to subsection (6)—\n(a) give the applicant a copy of the whole or any requested part of a\ntranscript prepared under subsection (2); and\n\n(b) certify on the copy that it is a true copy of the transcript or part,\nas the case may be.\n(6) The registrar shall not give a copy of a transcript or part of a transcript\nto an applicant unless—\n(a) the applicant is a party to the proceeding to which the transcript\nrelates; or\n(b) the applicant satisfies the registrar or a judge that he or she has\ngood reason for applying.\n(7) If—\n(a) a document purports to be a transcript, made in accordance with\nthis section, of evidence given by a person in a proceeding in the\nSupreme Court; and\n(b) the document bears a certificate that purports to be a certificate\ngiven in accordance with subsection (5);\nany statement in the document is admissible in evidence in another\nproceeding to the same extent that the statement would, if given\norally, be admissible in that other proceeding if the person—\n(c) is dead; or\n(d) is outside Australia and it is not reasonably practicable to secure\nhis or her attendance; or\n(e) if unfit because of old age or bodily or mental condition to\nappear as a witness; or\n(f) cannot with reasonable diligence be found.\n","sortOrder":97},{"sectionNumber":"76","sectionType":"section","heading":"Regulation-making power","content":"76 Regulation-making power\nThe Executive may make regulations for this Act.\n\nTransitional—Courts Legislation Amendment Act 2023 Part 13\n","sortOrder":98},{"sectionNumber":"Part 13","sectionType":"part","heading":"Transitional—Courts Legislation","content":"Part 13 Transitional—Courts Legislation\nAmendment Act 2023\n","sortOrder":99},{"sectionNumber":"119","sectionType":"section","heading":"Meaning of associate judge—pt 13","content":"119 Meaning of associate judge—pt 13\nassociate judge means the Master of the court under this Act, as in\nforce at any time before the day the Courts Legislation Amendment\nAct 2023, section 23 commences.\nNote The Courts Legislation Amendment Act 2023, s 23 omitted this Act, pt 3,\nwhich provided for the Master of the court (known as the Associate\nJudge).\n","sortOrder":100},{"sectionNumber":"120","sectionType":"section","heading":"Equally divided opinion relating to order of associate","content":"120 Equally divided opinion relating to order of associate\njudge\nDespite section 14 (b), if an order of the associate judge is called into\nquestion and the Full Court is equally divided in opinion as to the\ndecision to be given, the order is confirmed.\n","sortOrder":101},{"sectionNumber":"121","sectionType":"section","heading":"Appeals against interlocutory orders of associate judge","content":"121 Appeals against interlocutory orders of associate judge\nFor section 37E (2), an appeal may be brought against an\ninterlocutory order of the court that was constituted solely by the\nassociate judge only with leave of the Court of Appeal.\n","sortOrder":102},{"sectionNumber":"122","sectionType":"section","heading":"Power to complete part-heard proceedings of associate","content":"122 Power to complete part-heard proceedings of associate\njudge\nFor section 60A, a judge includes the associate judge.\n","sortOrder":103},{"sectionNumber":"123","sectionType":"section","heading":"Expiry—pt 13","content":"123 Expiry—pt 13\nThis part expires 4 years after the day it commences.\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n\nSchedule 1 Oaths and affirmations of office\nPart 1.1 Chief justice and judges\nSchedule 1 Oaths and affirmations of\noffice\n(see s 19, s 42 and s 48)\n","sortOrder":104},{"sectionNumber":"Part 1","sectionType":"part","heading":"1 Chief justice and judges","content":"Part 1.1 Chief justice and judges\nOath\nI, [name], do swear that I will be faithful and bear true allegiance to His Majesty\nKing Charles the Third, His heirs and successors, in the office of [*Chief\nJustice/*judge] of the Supreme Court of the Australian Capital Territory, and that\nI will do right to all manner of people according to law, without fear or favour,\naffection or ill will. So help me God.\nI, [name], do solemnly and sincerely affirm that I will be faithful and bear true\nallegiance to His Majesty King Charles the Third, His heirs and successors, in\nthe office of [*Chief Justice/*judge] of the Supreme Court of the Australian\nCapital Territory, and that I will do right to all manner of people according to\nlaw, without fear or favour, affection or ill will.\n* State whichever is applicable.\n\nOaths and affirmations of office Schedule 1\nChief justice and judges Part 1.2\nPart 1.2 Chief justice and judges\nOath\nI, [name], do swear that I will well and truly serve in the office of [*Chief\nJustice/*judge] of the Supreme Court of the Australian Capital Territory, and that\nI will do right to all manner of people according to law, without fear or favour,\naffection or ill will. So help me God.\nI, [name], do solemnly and sincerely affirm that I will well and truly serve in the\noffice of [*Chief Justice/*judge] of the Supreme Court of the Australian Capital\nTerritory, and that I will do right to all manner of people according to law,\nwithout fear or favour, affection or ill will.\n* State whichever is applicable.\n\nSchedule 1 Oaths and affirmations of office\nPart 1.3 Registrar\nPart 1.3 Registrar\nOath\nI, [name], do swear that I will be faithful and bear true allegiance to His Majesty\nKing Charles the Third, His heirs and successors, and that I will well and truly\nserve Him in the office of registrar of the Supreme Court of the Australian Capital\nTerritory. So help me God.\nI, [name], do solemnly and sincerely affirm that I will be faithful and bear true\nallegiance to His Majesty King Charles the Third, His heirs and successors, and\nthat I will well and truly serve Him in the office of registrar of the Supreme Court\nof the Australian Capital Territory.\n\nOaths and affirmations of office Schedule 1\nRegistrar Part 1.4\nPart 1.4 Registrar\nOath\nI, [name], do swear that I will well and truly serve in the office of registrar of the\nSupreme Court of the Australian Capital Territory. So help me God.\nI, [name], do solemnly and sincerely affirm that I will well and truly serve in the\noffice of registrar of the Supreme Court of the Australian Capital Territory.\n\nSchedule 2 Trial by judge alone—excluded offences\nPart 2.1 Definitions—sch 2\nSchedule 2 Trial by judge alone—excluded\noffences\n(see s 68B (4))\nPart 2.1 Definitions—sch 2\n2.1 Definitions—sch 2\nIn this schedule:\nCrimes Act means the Crimes Act 1900.\nRadiation Act means the Radiation Protection Act 2006.\nSex Work Act means the Sex Work Act 1992.\nWork Safety Act means the Work Health and Safety Act 2011.\nNote A reference to an offence against an ACT law includes a reference to an\noffence against the Criminal Code, pt 2.4 (Extensions of criminal\nresponsibility) and s 717 (Accessory after the fact) that relates to the ACT\nlaw (see Legislation Act, s 189).\nPart 2.2 Excluded offences\nitem\nany)\n1 Crimes Act 12 murder\n2 Crimes Act 15 manslaughter\n3 Crimes Act 17 suicide—aiding etc\n4 Crimes Act 29 (2) or (3) culpable driving of motor vehicle causing\ndeath\n5 Crimes Act 42 child destruction\n6 Crimes Act 51 sexual assault in the first degree\n\nTrial by judge alone—excluded offences Schedule 2\nExcluded offences Part 2.2\nitem\nany)\n7 Crimes Act 52 sexual assault in the second degree\n8 Crimes Act 53 sexual assault in the third degree\n9 Crimes Act 54 sexual intercourse without consent\n10 Crimes Act 55 sexual intercourse with young person\n11 Crimes Act 55A sexual intercourse with young person\nunder special care\n12 Crimes Act 56 persistent sexual abuse of child or young\nperson under special care\n13 Crimes Act 57 act of indecency in the first degree\n14 Crimes Act 58 act of indecency in the second degree\n15 Crimes Act 59 act of indecency in the third degree\n16 Crimes Act 60 act of indecency without consent\n17 Crimes Act 61 acts of indecency with young people\n18 Crimes Act 61A act of indecency with young person under\nspecial care\n19 Crimes Act 62 incest and similar offences\n20 Crimes Act 63 abduction (for sexual purposes)\n21 Crimes Act 63A bestiality\n22 Crimes Act 64 using child for production of child\nexploitation material etc\n23 Crimes Act 64A trading in child exploitation material\n24 Crimes Act 65 possessing child exploitation material\n25 Crimes Act 66 using the internet etc to deprave young\npeople\n26 Crimes Act 74 prohibition of female genital mutilation\n\nSchedule 2 Trial by judge alone—excluded offences\nPart 2.2 Excluded offences\nitem\nany)\n27 Crimes Act 75 removal of child from ACT for genital\nmutilation\n28 Crimes Act 79 sexual servitude offences\n29 Crimes Act 80 deceptive recruiting for sexual services\n30 Sex Work Act 20 causing child to provide commercial sexual\nservices etc\n31 Sex Work Act 21 receiving proceeds of commercial sexual\nservices by child\n32 Radiation Act 55, if failure\ncauses death\nfailure to comply with safety duty causing\ndeath\n33 Work Safety Act 34A industrial manslaughter\n\nACT and corresponding courts Schedule 3\n","sortOrder":105},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"ACT and corresponding courts","content":"Schedule 3 ACT and corresponding courts\n(see s 69A, defs ACT court and corresponding court)\nitem\nACT court\ncorresponding court\n1 Supreme Court Federal Court of Australia\nSupreme Court of any State (other than\nQueensland)\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\n\n(see s 2)\nNote The Legislation Act contains definitions relevant to this Act. For\nexample:\n• ACAT\n• Criminal Code\n• director of public prosecutions\n• exercise\n• function\n• legal practitioner\n• may (see s 146)\n• month\n• must (see s 146)\n• indictable offence (see s 190)\n• indictment\n• police officer\n• proceeding\n• public servant\n• territory law\n• the Territory.\nacquittal, for part 8AA (Acquittals)—see section 68J.\nacting judge means an acting judge appointed under section 4B.\nadditional judge means a judge appointed under section 4A.\nadministration of justice offence, for part 8AA (Acquittals)—see\nsection 68I.\nanother jurisdiction, for part 8AA (Acquittals)—see section 68I.\nback-up offence, in relation to an indictable offence––for part 8\n(Back-up and related offences)––see section 68CA.\ncategory A offence, for part 8AA (Acquittals)—see section 68I.\ncategory B offence, for part 8AA (Acquittals)—see section 68I.\n\ncause includes any suit, and also includes criminal proceedings.\nChief Justice means the Chief Justice of the Supreme Court, and\nincludes a judge acting as Chief Justice.\ncompelling, evidence—\n(a) for part 8AA (Acquittals)—see section 68K; and\n(b) for part 8AB (Appeals against conviction for fresh and\ncompelling evidence)—see section 68ZE (3).\nconvicted person, for part 8AB (Appeals against conviction for fresh\nand compelling evidence)—see section 68ZC (1).\ncourt—\n(a) for this Act generally—means the Supreme Court; and\n(b) for part 8AA (Acquittals)—see section 68I; and\n(c) for part 8AB (Appeals against conviction for fresh and\ncompelling evidence)—see section 68ZD.\nCourt of Appeal means the Supreme Court constituted as a Court of\nAppeal under part 2A (Court of Appeal).\ncriminal proceedings means proceedings in the court for the\nprosecution of a person on indictment.\ndefendant includes any person against whom any relief is sought in a\nmatter or who is required to attend the proceedings in a matter as a\nparty.\ndeputy registrar means a deputy registrar of the court.\ndeputy sheriff means a deputy sheriff of the Territory.\ndrug and alcohol treatment order, for part 2AA (Drug and alcohol\ntreatment order jurisdiction)—see the Crimes (Sentencing) Act 2005,\nsection 12A.\nentitlements, for part 2B (Remuneration, allowances and other\nentitlements of judges)—see section 37T.\n\nfresh, evidence—\n(a) for part 8AA (Acquittals)—see section 68K; and\n(b) for part 8AB (Appeals against conviction for fresh and\ncompelling evidence)—see section 68ZE (1).\nFull Court means the court constituted by not less than 3 judges\nsitting together.\njudge means a resident judge, additional judge or acting judge.\njudgment includes an order or sentence.\nJudicature Act means the Supreme Court of Judicature Act 1873 (36\n& 37 Vic c 66) (UK).\nmatter includes any proceeding in the Supreme Court, whether\nbetween parties or not, and also any incidental proceeding in a cause\nor matter.\nmember, for part 2AA (Drug and alcohol treatment order\njurisdiction)—\n(a) in relation to the treatment and supervision team—see the\nCrimes (Sentencing) Act 2005, section 80M; and\n(b) in relation to the treatment order team—see the Crimes\n(Sentencing) Act 2005, section 80M.\norder includes a judgment, decree, direction or decision.\nplaintiff includes any person seeking any relief against any other\nperson by any form of proceeding in a court.\npre-Judicature Act proceedings means proceedings in the English\nCourt of Chancery immediately before the commencement of the\nJudicature Act.\nprocess of the court includes a writ, summons, order, warrant and\nprecept issued by the court.\nregistrar means the Registrar of the court.\n\nrelated offence, in relation to an indictable offence––for part 8 (Back-\nup and related offences)––see section 68CA.\nresident judge means the Chief Justice or another judge appointed\nunder section 4, and includes the judges (other than additional judges)\nwho continue to hold office under the A.C.T. Self-Government\n(Consequential Provisions) Act 1988 (Cwlth), section 29A.\nrules means rules under the Court Procedures Act 2004 applying in\nrelation to the court.\nsheriff means the Sheriff of the Territory.\nsuit includes any action or original proceeding between parties of a\ncivil nature.\ntainted, acquittal, for part 8AA (Acquittals)—see section 68L.\ntreatment and supervision team, for part 2AA (Drug and alcohol\ntreatment order jurisdiction)—see the Crimes (Sentencing) Act 2005,\ntreatment order, for part 2AA (Drug and alcohol treatment order\njurisdiction)—see the Crimes (Sentencing) Act 2005, dictionary.\ntreatment order judge, for part 2AA (Drug and alcohol treatment\norder jurisdiction)—see section 37SA.\ntreatment order team, for part 2AA (Drug and alcohol treatment\norder jurisdiction)—see the Crimes (Sentencing) Act 2005,\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nThis Act was originally a Commonwealth Act—the Seat of Government Supreme\nCourt Act 1933 A1933-34 (Cwlth).\nIt was renamed the Australian Capital Territory Supreme Court Act 1933 by the\nStatute Law Revision Act 1950 (Cwlth).\nIt was later renamed the Supreme Court Act 1933 by the A.C.T. Supreme Court\n(Transfer) Act 1992 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (2)\nconverted some Commonwealth Acts in force in the ACT into ACT enactments.\nThis allowed the ACT Legislative Assembly to amend and repeal the laws. This\nAct was converted into an ACT enactment on 1 July 1992 under the Australian\nCapital Territory (Self-Government) Act 1988 (Cwlth), s 34 (3).\nLegislation before becoming Territory enactment\nSupreme Court Act 1933 A1933-34\nassented to 9 December 1933\ncommenced 1 January 1934 (s 3)\nas amended by\nSeat of Government Supreme Court Act 1935 No 27 (Cwlth)\nassented to 13 April 1935\ncommenced 13 April 1935\nSeat of Government Supreme Court Act 1945 No 57 (Cwlth)\nassented to 19 October 1945\ncommenced 19 October 1945 (s 2)\nSalaries (Statutory Offices) Adjustment Act 1947 No 52 (Cwlth) sch 1\nassented to 1 November 1947\ncommenced 1 November 1947 (s 2 (1))\nJudges’ Pensions Act 1948 No 65 (Cwlth) sch\nassented to 9 December 1948\ncommenced 9 December 1948 (s 2)\nSalaries (Statutory Offices) Adjustment Act 1950 No 51 (Cwlth) sch 1\nassented to 14 December 1950\ncommenced 1 July 1950 (s 2)\n\nStatute Law Revision Act 1950 No 80 (Cwlth) sch 1\nassented to 16 December 1950\ncommenced 31 December 1950 (s 2)\nJudges’ Remuneration Act 1955 No 17 (Cwlth) sch 1\nassented to 9 June 1955\ncommenced 1 January 1955 (s 2)\nAustralian Capital Territory Supreme Court Act 1955 No 36 (Cwlth)\nassented to 16 June 1955\ncommenced 14 July 1955\nAustralian Capital Territory Supreme Court Act 1956 No 47 (Cwlth)\nassented to 30 June 1956\ncommenced 14 August 1956 (s 2 and Cwlth Gaz 1956 p 2489)\nAustralian Capital Territory Supreme Court Act 1957 No 34 (Cwlth)\nassented to 7 June 1957\ncommenced 5 July 1957\nAustralian Capital Territory Supreme Court Act 1958 No 43 (Cwlth)\nassented to 29 September 1958\ncommenced 29 September 1958 (s 2)\nAustralian Capital Territory Supreme Court Act 1959 No 51 (Cwlth)\nassented to 22 May 1959\ncommenced 22 May 1959 (s 2)\nJudges’ Remuneration Act 1960 No 110 (Cwlth) sch 1\nassented to 16 December 1960\ncommenced 1 October 1960 (s 2)\nAustralian Capital Territory Supreme Court Act 1964 No 109 (Cwlth)\n(as am by Act 1973 No 216 (Cwlth) sch 1)\nassented to 20 November 1964\ns 5 commenced 27 October 1960 (s 2 (2))\nremainder commenced on assent (s 2 (1))\nJudges’ Remuneration Act 1965 No 92 (Cwlth) sch 1\nassented to 4 December 1965\namdt commenced 1 July 1965 (s 2)\n\nAustralian Capital Territory Supreme Court Act 1966 No 8 (Cwlth)\nassented to 3 May 1966\ncommenced 31 May 1966\nStatute Law Revision (Decimal Currency) Act 1966 No 93 (Cwlth)\nassented to 29 October 1966\namdts commenced 1 December 1966 (s 2 (1))\nAustralian Capital Territory Supreme Court Act 1968 No 156 (Cwlth)\nassented to 10 December 1968\ncommenced 10 December 1968 (s 2)\nJudges’ Remuneration Act 1969 No 40 (Cwlth) sch 1\nassented to 14 June 1969\ncommenced 14 June 1969 (s 2)\nAustralian Capital Territory Supreme Court Act 1971 No 13 (Cwlth)\nassented to 5 April 1971\ncommenced 5 April 1971 (s 2)\nAustralian Capital Territory Supreme Court Act (No 2) 1971 No 98\n(Cwlth)\nassented to 17 November 1971\ncommenced 17 November 1971 (s 2)\nStatute Law Revision Act 1973 No 216 (Cwlth) sch 1\nassented to 19 December 1973\ncommenced 31 December 1973 (s 2)\nAustralian Capital Territory Supreme Court Amendment Act 1976\nNo 158 (Cwlth)\nassented to 9 December 1976\ns 12, s 14 commenced 1 February 1977 (s 2 (2) and Cwlth Gaz 1977\nNo S3)\nremainder commenced on assent (s 2 (1))\nAustralian Capital Territory Supreme Court Amendment Act 1978\nNo 3 (Cwlth)\nassented to 20 March 1978\ncommenced 1 April 1980 (s 2 and Cwlth Gaz 1980 No S65)\n\nStatute Law Revision Act 1981 No 61 (Cwlth) sch 1 (as am by 1982\nNo 26 (Cwlth) s 217)\nassented to 12 June 1981\namdts commenced 12 June 1981 (2 (1))\nCompanies (Miscellaneous Amendments) Act 1981 No 92 (Cwlth) pt 5\nassented to 18 June 1981\ns 1, s 2 commenced on assent\npt 5 commenced 1 July 1982 (s 2 (3) and Cwlth Gaz 1982 No S124)\nStatute Law (Miscellaneous Amendments) Act 1981 No 176 (Cwlth)\npt 6 (as am by 1982 No 80 (Cwlth) s 14)\nassented to 2 December 1981\npt 6 commenced 30 December 1981 (s 2 (12))\nStatute Law (Miscellaneous Amendments) Act (No 1) 1982 No 26\n(Cwlth) pt 8\nassented to 7 May 1982\npt 8 commenced 7 May 1982 (s 2 (1))\nStatute Law (Miscellaneous Provisions) Act (No 2) 1983 No 91 (Cwlth)\nassented to 22 November 1983\namdt commenced 1 January 1934 (s 2 (4))\nDirector of Public Prosecutions (Consequential Amendments)\nAct 1983 No 114 (Cwlth) s 4\nassented to 14 December 1983\ns 4 commenced 5 March 1984 (s 2 (1) and Cwlth Gaz 1984 No S55)\nStatute Law (Miscellaneous Provisions) Act (No 1) 1985 No 65 (Cwlth)\nassented to 5 June 1985\namdt commenced 3 July 1985 (s 2 (1))\nStatute Law (Miscellaneous Provisions) Act (No 2) 1986 No 168\n(Cwlth) sch 1\nassented to 18 December 1986\namdt commenced 18 December 1986 (s 2 (1))\n\nStatute Law (Miscellaneous Provisions) Act 1988 No 38 (Cwlth) sch 1\nassented to 3 June 1988\namdts commenced 9 November 1988 (s 2 (3) and Cwlth Gaz 1988\nNo S348)\nStatutory Instruments (Tabling and Disallowance) Legislation\nAmendment Act 1988 No 99 (Cwlth) sch\nassented to 2 December 1988\ncommenced 2 December 1988 (s 2)\nA.C.T. Self-Government (Consequential Provisions) Act 1988 No 109\n(Cwlth) sch\nassented to 6 December 1988\namdts commenced 11 May 1989 (s 2 (3) and Cwlth Gaz 1989\nNo S164)\nas modified by\nA.C.T. Self-Government (Consequential Provisions) Regulations\nSR 1989 No 3 (Cwlth) (as am by SR 1989 No 52 (Cwlth), SR 1989\nNo 188 (Cwlth) and Act 1992 No 49 (Cwlth) s 16)\nnotified 25 January 1989\nmod s 28 (1) commenced 11 May 1989 (SR 1989 No 52 s 2 (1))\nremainder commenced 1 July 1990 (SR 1989 No 52 s 2 (2))\nmod ended 1 July 1992\nas amended by\nLaw and Justice Legislation Amendment Act 1990 No 115 (Cwlth) sch\nassented to 21 December 1990\namdt commenced 21 December 1990 (s 2 (1))\nLaw and Justice Legislation Amendment Act 1991 No 136 (Cwlth) sch\nassented to 12 September 1991\namdt commenced 10 October 1991\nA.C.T. Supreme Court (Transfer) Act 1992 No 49 (Cwlth) s 14, sch 1\nassented to 17 June 1992\namdts commenced 1 July 1992 (s 2)\n\nLegislation after becoming Territory enactment\nSupreme Court (Amendment) Act 1993 A1993-59\nnotified 6 September 1993 (Gaz 1993 No S172)\ncommenced 6 September 1993 (s 2)\nSupreme Court (Amendment) Act (No 2) 1993 A1993-91\nnotified 17 December 1993 (Gaz 1993 No S258)\ncommenced 17 December 1993 (s 2)\nLegal Practitioners (Amendment) Act 1993 A1993-94 s 45\nnotified 24 December 1993 (Gaz 1993 No S267)\ncommenced 24 December 1993 (s 2)\nSupreme Court (Amendment) Act 1994 A1994-3\nnotified 14 March 1994 (Gaz 1993 No S44)\ncommenced 14 March 1994 (s 2)\nJudicial Commissions (Consequential Amendments) Act 1994\nA1994-10 s 11\nnotified 14 March 1994 (Gaz 1994 No S44)\ncommenced 14 March 1994 (s 2)\nPublic Sector Management (Consequential and Transitional\nProvisions) Act 1994 A1994-38 sch 1 pt 75\nnotified 30 June 1994 (Gaz 1994 No S121)\ns 1, s 2 commenced 30 June 1994 (s 2 (1))\nsch 1 pt 75 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)\nMental Health (Consequential Provisions) Act 1994 A1994-45 sch\nnotified 7 September 1994 (Gaz 1994 No S177)\ns 1, s 2 commenced 7 September 1994 (s 2 (1))\nsch commenced 6 February 1995 (s 2 (2) and see Gaz 1995 No S33)\nAdministrative Appeals (Consequential Amendments) Act 1994\nA1994-60 sch 1\nnotified 11 October 1994 (Gaz 1994 No S197)\ns 1, s 2 commenced 11 October 1994 (s 2 (1))\nsch 1 commenced 14 Nov 1994 (s 2 (2) and see Gaz 1994 No S250)\nStatute Law Revision Act 1995 A1995-46 sch\nnotified 18 December 1995 (Gaz 1995 No S306)\namdts commenced 18 December 1995 (s 2)\n\nFinancial Management and Audit (Consequential and Transitional\nProvisions) Act 1996 A1996-26 sch pt 34\nnotified 1 July 1996 (Gaz 1996 No S130)\ncommenced 1 July 1996 (s 2)\nRemuneration Tribunal (Consequential Amendments) Act 1997\nA1997-41 sch 1 (as am by A2002-49 amdt 3.222)\nnotified 19 September 1997 (Gaz 1997 No S264)\ncommenced 24 September 1997 (s 2 as am by A2002-49 amdt 3.222)\nCoroners (Consequential Provisions) Act 1997 A1997-58 sch 1\nnotified 9 October 1997 (Gaz 1997 No S300)\ncommenced 9 October 1997 (s 2)\nJuries (Amendment) Act 1997 A1997-83 s 34\nnotified 25 November 1997 (Gaz 1997 No S360)\ns 34 commenced 25 November 1997 (s 2 (1))\nLegal Practitioners (Consequential Amendments) Act 1997 A1997-96\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nsch 1 commenced 1 June 1998 (s 2 (2))\nSupreme Court (Amendment) Act 1998 A1998-6\nnotified 25 May 1998 (Gaz 1998 No S150)\ncommenced 25 May 1998 (s 2)\nSupreme Court (Amendment) Act (No 2) 1998 A1998-72\nnotified 23 December 1998 (Gaz 1998 No S212)\ns 4, s 5 and s 7 taken to have commenced 29 September 1997\n(s 2 (2))\nremainder commenced 23 December 1998 (s 2 (1))\nCourts and Tribunals (Audio Visual and Audio Linking) Act 1999\nA1999-22 pt 14\nnotified 14 April 1999 (Gaz 1999 No S16)\ns 1, s 2 commenced 14 April 1999 (s 2 (1))\npt 14 commenced 1 September 1999 (s 2 and Gaz 1999 No 35)\n\nChildren and Young People (Consequential Amendments) Act 1999\nA1999-64 sch 2\nnotified 10 November 1999 (Gaz 1999 No 45)\ns 1, s 2 commenced 10 November 1999 (s 2 (1))\nsch 2 commenced 10 May 2000 (s 2 (2))\nLaw Reform (Miscellaneous Provisions) Act 1999 A1999-66 sch 3\nnotified 10 November 1999 (Gaz 1999 No 45)\ncommenced 10 November 1999 (s 2)\nVictims of Crime (Financial Assistance) (Amendment) Act 1999\nA1999-91 sch 2\nnotified 23 December 1999 (Gaz 1999 No S65)\ns 1, s 2 commenced 23 December 1999 (IA s 10B)\nsch 2 commenced 24 December 1999 (s 2 (2) and Gaz 1999 No S69)\nJustice and Community Safety Legislation Amendment Act 2000\nA2000-1 sch\nnotified 9 March 2000 (Gaz 2000 No 10)\namdts commenced 9 March 2000 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2000\n(No 3) A2000-17 sch 1\nnotified 1 June 2000 (Gaz 2000 No 22)\ncommenced 1 June 2000 (s 2)\nSupreme Court Amendment Act 2001 A2001-7\nnotified 8 March 2001 (Gaz 2001 No 10)\ncommenced 8 March 2001 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 375\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 375 commenced 12 September 2001 (s 2 and see Gaz 2001 No\nS65)\n\nSupreme Court Amendment Act 2001 (No 2) 2001 No 54\nnotified 15 August 2001 (Gaz 2001 No S57)\ns 1, s 2 commenced 15 August 2001 (IA s 10B)\ns 3, s 15, sch 1 and sch 2 commenced 15 August 2001 (s 2 (1))\nss 4-12, s 13 (to the extent that it inserts s 37E (1) and 37E (3), s 37F,\ns 37G, s 37H, s 37I, s 37J, s 37K, s 37L, s 37M, s 37N, s 37O and s\n37P) and s 14 commenced 11 September 2001 (Gaz 2001 No S69 and\nIA s 10C)\ns 13 to the extent that it inserts s 37E (2) (a) (i) and s 37E (2) (c)\ncommenced 1 October 2001 (Gaz 2001 No S69)\nremainder commenced 14 October 2002 (s 2 (2) and CN2002-11)\nCrimes Legislation Amendment Act 2001 A2001-63 pt 11 (as am 2002\nNo 49 amdt 3.52)\nnotified 10 September 2001 (Gaz 2001 No S66)\ns 1, s 2 commenced 10 September 2001 (IA s 10B)\npt 11 om A2002-49 before commencement\nDefamation Act 2001 A2001-88 s 43 (3)\nnotified LR 24 September 2001\ns 1, s 2 commenced 24 September 2001 (LA s 75)\ns 43 (3) commenced 1 July 2002 (s 2)\nStatute Law Amendment Act 2002 A2002-30 pt 3.80\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\npt 3.80 commenced 17 September 2002 (s 2 (1))\nCivil Law (Wrongs) Act 2002 A2002-40 div 3.2.12\nnotified LR 10 October 2002\ns 1, s 2 commenced 10 October 2002 (LA s 75 (1))\ndiv 3.2.12 commenced 1 November 2002 (s 2 (2) and CN2002-13)\nStatute Law Amendment Act 2002 (No 2) A2002-49 amdt 3.52,\namdt 3.222\nnotified LR 20 December 2002\ns 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))\namdt 3.52 commenced 17 January 2003 (s 2 (1))\namdt 3.222 commenced 24 September 1997 (s 2 (3))\nNote This Act only amends the Crimes Legislation Amendment Act\n","sortOrder":106},{"sectionNumber":"2001","sectionType":"section","heading":"A2001-63 and the Remuneration Tribunal (Consequential","content":"2001 A2001-63 and the Remuneration Tribunal (Consequential\nAmendments) Act 1997 A1997-41 .\n\nJustice and Community Safety Legislation Amendment Act 2003\nA2003-2 pt 17\nnotified LR 3 March 2003\ns 1, s 2 commenced 3 March 2003 (LA s 75 (1))\npt 17 commenced 31 March 2003 (s 2 (2))\nEvidence (Miscellaneous Provisions) Amendment Act 2003 A2003-48\nsch 2 pt 2.14\nnotified LR 31 October 2003\ns 1, s 2 commenced 31 October 2003 (LA s 75 (1))\nsch 2 pt 2.14 commenced 30 April 2004 (s 2 and LA s 79)\nSexuality Discrimination Legislation Amendment Act 2004 A2004-2\nsch 1 pt 1.15\nnotified LR 18 February 2004\ns 1, s 2 commenced 18 February 2004 (LA s 75 (1))\nsch 1 pt 1.15 commenced 22 March 2004 (s 2 and CN2004-4)\nCourt Procedures (Consequential Amendments) Act 2004 A2004-60\nsch 1 pt 1.70\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nsch 1 pt 1.70 commenced 10 January 2005 (s 2 and see Court\nProcedures Act 2004 A2004-59, s 2 and CN2004-29)\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.64\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.64 commenced 2 June 2005 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2005\n(No 3) A2005-43 sch 1 pt 1.13\nnotified LR 30 August 2005\ns 1, s 2 commenced 30 August 2005 (LA s 75 (1))\namdt 1.41 commenced 28 February 2006 (s 2 (3) and LA s 79)\nsch 1 pt 1.13 remainder commenced 1 October 2005 (s 2 (3) and\nCN2005-18)\nJustice and Community Safety Legislation Amendment Act 2005\n(No 4) A2005-60 sch 1 pt 1.25\nnotified LR 1 December 2005\ns 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))\nsch 1 pt 1.25 commenced 22 December 2005 (s 2 (4))\n\nSentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.34\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nsch 1 pt 1.34 commenced 2 June 2006 (s 2 (1) and see Crimes\n(Sentence Administration) Act 2005 A2005-59 s 2, Crimes\n(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)\nLegal Profession Act 2006 A2006-25 sch 2 pt 2.10\nnotified LR 21 June 2006\ns 1, s 2 commenced 21 June 2006 (LA s 75 (1))\nsch 2 pt 2.10 commenced 1 July 2006 (s 2)\nJustice and Community Safety Legislation Amendment Act 2006\nA2006-40 sch 2 pt 2.30\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1))\nsch 2 pt 2.30 commenced 29 September 2006 (s 2 (1))\nSupreme Court (Judges Pensions) Amendment Act 2006 A2006-43\nnotified LR 24 October 2006\ns 1, s 2 commenced 24 October 2006 (LA s 75 (1))\nremainder commenced 25 October 2006 (s 2)\nHousing Assistance Act 2007 A2007-8 sch 1 pt 1.9\nnotified LR 10 May 2007\ns 1, s 2 commenced 10 May 2007 (LA s 75 (1))\nsch 1 pt 1.9 commenced 10 November 2007 (s 2 and LA s 79)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.96\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.96 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nCourt Legislation Amendment Act 2008 A2008-42 pt 5\nnotified LR notified LR 8 September 2008\ns 1, s 2 commenced 8 September 2008 (LA s 75 (1))\npt 5 commenced 8 March 2009 (s 2 and LA s 79)\n\nCrimes Legislation Amendment Act 2008 A2008-44 sch 1 pt 1.13\nnotified LR 9 September 2008\ns 1, s 2 commenced 9 September 2008 (LA s 75 (1))\nsch 1 pt 1.13 commenced 30 May 2009 (s 2 and CN2009-4)\nJustice and Community Safety Legislation Amendment Act 2009\n(No 2) A2009-19 pt 16\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\npt 16 commenced 29 September 2009 (s 2)\nCrimes Legislation Amendment Act 2009 A2009-24 sch 1 pt 1.10\nnotified LR 3 September 2009\ns 1, s 2 commenced 3 September 2009 (LA s 75 (1))\nsch 1 pt 1.10 commenced 4 September 2009 (s 2)\nCourts (Appointments) Amendment Act 2009 A2009-37 pt 3\nnotified LR 21 October 2009\ns 1, s 2 commenced 21 October 2009 (LA s 75 (1))\npt 3 commenced 22 October 2009 (s 2)\nJustice and Community Safety Legislation Amendment Act 2009\n(No 3) A2009-44 sch 1 pt 1.15\nnotified LR 24 November 2009\ns 1, s 2 commenced 24 November 2009 (LA s 75 (1))\nsch 1 pt 1.15 commenced 22 December 2009 (s 2 (3))\nJustice and Community Safety Legislation Amendment Act 2010\nA2010-13 sch 1 pt 1.7\nnotified LR 31 March 2010\ns 1, s 2 commenced 31 March 2010 (LA s 75 (1))\ns 3 commenced 1 April 2010 (LA s 75AA)\nsch 1 pt 7 commenced 28 April 2010 (s 2 (4))\nCrimes (Sentence Administration) Amendment Act 2010 A2010-21\nsch 1 pt 1.9\nnotified LR 30 June 2010\ns 1, s 2 commenced 30 June 2010 (LA s 75 (1))\nsch 1 pt 1.9 commenced 1 July 2010 (s 2)\n\nJustice and Community Safety Legislation Amendment Act 2010\n(No 3) A2010-40 sch 3 pt 3.2\nnotified LR 5 October 2010\ns 1, s 2 commenced 5 October 2010 (LA s 75 (1))\ns 3 commenced 6 October 2010 (s 2 (1))\nsch 3 pt 3.2 commenced 2 November 2010 (s 2 (2))\nCriminal Proceedings Legislation Amendment Act 2011 A2011-20 pt 3\nnotified LR 6 July 2011\ns 1, s 2 commenced 6 July 2011 (LA s 75 (1))\npt 3 commenced 7 July 2011 (s 2)\nLaw Officers Act 2011 A2011-30 sch 1 pt 1.6\nnotified LR 29 August 2011\ns 1, s 2 commenced 29 August 2011 (LA s 75 (1))\nsch 1 pt 1.6 commenced 31 August 2011 (s 2 and CN2011-9)\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.36\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.36 commenced 1 March 2012 (s 2 (1) and see Evidence\nAct 2011 A2011-12, s 2 and CN2012-4)\nCourts Legislation Amendment Act 2012 A2012-29 sch 1 pt 1.2\nnotified LR 13 June 2012\ns 1, s 2 commenced 13 June 2012 (LA s 75 (1))\nsch 1 pt 1.2 commenced 13 August 2012 (s 2 and CN2012-14)\nCrimes Legislation Amendment Act 2013 A2013-12 pt 11\nnotified LR 17 April 2013\ns 1, s 2 commenced 17 April 2013 (LA s 75 (1))\npt 11 commenced 24 April 2013 (s 2)\nCourts Legislation Amendment Act 2014 A2014-1 pt 6\nnotified LR 5 March 2014\ns 1, s 2 commenced 5 March 2014 (LA s 75 (1))\npt 6 commenced 2 April 2014 (s 2)\n\nCourts Legislation Amendment Act 2015 A2015-10 pt 17\nnotified LR 7 April 2015\ns 1, s 2 commenced 7 April 2015 (LA s 75 (1))\npt 17 commenced 21 April 2015 (s 2 (2))\nCrimes (Child Sex Offenders) Amendment Act 2015 A2015-35 sch 1\npt 1.6\nnotified LR 1 October 2015\ns 1, s 2 commenced 1 October 2015 (LA s 75 (1))\nsch 1 pt 1.6 commenced 2 October 2015 (s 2)\nCrimes (Domestic and Family Violence) Legislation Amendment\nAct 2015 A2015-40 sch 1 pt 1.11\nnotified LR 4 November 2015\ns 1, s 2 commenced 4 November 2015 (LA s 75 (1))\nsch 1 pt 1.11 commenced 4 May 2016 (s 2 (2))\nCourts Legislation Amendment Act 2015 (No 2) A2015-52 pt 14\nnotified LR 26 November 2015\ns 1, s 2 commenced 26 November 2015 (LA s 75 (1))\npt 14 commenced 10 December 2015 (s 2 (2))\nSupreme Court Amendment Act 2016 A2016-36\nnotified LR 22 June 2016\ns 1, s 2 commenced 22 June 2016 (LA s 75 (1))\nremainder commenced 23 June 2016 (s 2)\nJustice and Community Safety Legislation Amendment Act 2016\nA2016-37 sch 1 pt 1.19\nnotified LR 22 June 2016\ns 1, s 2 commenced 22 June 2016 (LA s 75 (1))\nsch 1 pt 1.19 commenced 29 June 2016 (s 2)\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.59\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.59 commenced 1 September 2016 (s 2)\n\nJustice and Community Safety Legislation Amendment Act 2016\n(No 2) A2016-53 pt 4\nnotified LR 25 August 2016\ns 1, s 2 taken to have commenced 23 June 2016 (LA s 75 (2))\npt 4 taken to have commenced 23 June 2016 (s 2 (2) and see\nSupreme Court Amendment Act 2016 A2016-36 s 2)\nCourts and Other Justice Legislation Amendment Act 2018 A2018-9\npt 16\nnotified LR 29 March 2018\ns 1, s 2 commenced 29 March 2018 (LA s 75 (1))\npt 16 commenced 26 April 2018 (s 2)\nProstitution Amendment Act 2018 A2018-25 sch 1 pt 1.5\nnotified LR 8 August 2018\ns 1, s 2 commenced 8 August 2018 (LA s 75 (1))\nsch 1 pt 1.5 commenced 9 August 2018 (s 2)\nCourts and Other Justice Legislation Amendment Act 2018 (No 2)\nA2018-39 pt 6\nnotified LR 27 September 2018\ns 1, s 2 commenced 27 September 2018 (LA s 75 (1))\npt 6 commenced 13 March 2019 (s 2 and CN2019-5)\nCrimes Legislation Amendment Act 2018 (No 2) A2018-40 pt 9\nnotified LR 7 November 2018\ns 1, s 2 commenced 7 November 2018 (LA s 75 (1))\npt 9 commenced 8 November 2018 (s 2)\nRoyal Commission Criminal Justice Legislation Amendment Act 2018\nA2018-46 sch 1 pt 1.5\nnotified LR 4 December 2018\ns 1, s 2 commenced 4 December 2018 (LA s 75 (1))\nsch 1 pt 1.5 commenced 5 December 2018 (s 2)\nSentencing (Drug and Alcohol Treatment Orders) Legislation\nAmendment Act 2019 A2019-31 pt 7\nnotified LR 9 October 2019\ns 1, s 2 commenced 9 October 2019 (LA s 75 (1))\npt 7 commenced 3 December 2019 (s 2 (1) and CN2019-19)\n\nCOVID-19 Emergency Response Act 2020 A2020-11 sch 1 pt 1.19\nnotified LR 7 April 2020\ns 1, s 2 commenced 7 April 2020 (LA s 75 (1))\nsch 1 pt 1.19 commenced 8 April 2020 (s 2)\nCOVID-19 Emergency Response Legislation Amendment Act 2020\n(No 2) A2020-27 pt 3\nnotified LR 8 July 2020\ns 1, s 2 commenced 8 July 2020 (LA s 75 (1))\npt 3 commenced 9 July 2020 (s 2 (1))\nRoyal Commission Criminal Justice Legislation Amendment Act 2020\nA2020-31 sch 1 pt 1.3\nnotified LR 29 July 2020\ns 1, s 2 commenced 29 July 2020 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 September 2020 (s 2 and CN2020-17)\nCOVID-19 Emergency Response Legislation Amendment Act 2021\nA2021-1 sch 1 pt 1.15\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\nsch 1 pt 1.15 commenced 20 February 2021 (s 2 (1))\nCourts and Other Justice Legislation Amendment Act 2021 A2021-13\npt 10\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\npt 10 commenced 16 June 2021 (s 2 (3))\nWork Health and Safety Amendment Act 2021 A2021-19 sch 1 pt 1.4\nnotified LR 11 August 2021\ns 1, s 2 commenced 11 August 2021 (LA s 75 (1))\nsch 1 pt 1.4 commenced 11 November 2021 (s 2)\nFamily Violence Legislation Amendment Act 2022 A2022-13 sch 1\npt 1.5\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 1 pt 5 commenced 17 August 2022 (s 2)\n\nCourts Legislation Amendment Act 2023 A2023-37 pt 4\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\npt 4 commenced 30 September 2023 (s 2)\nSupreme Court Amendment Act 2023 A2023-48\nnotified LR 15 November 2023\ns 1, s 2 commenced 15 November 2023 (LA s 75 (1))\nremainder commenced 15 May 2024 (s 2)\nJustice and Community Safety Legislation Amendment Act 2023\n(No 3) A2023-57 pt 16\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\npt 16 commenced 12 December 2023 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.89, sch 4\npt 4.169\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.89, sch 4 pt 4.169 commenced 26 November 2025 (s 2 (3),\n(9))\n\nIn this table Acts and statutory rules for 1992 and earlier years are Commonwealth\nActs and statutory rules, and Acts for 1993 and later years are ACT Acts.\nLong title\nlong title am Cwlth Act 1971 No 98\nName of Act\ns 1 am Cwlth Act 1950 No 80; Cwlth Act 1992 No 49\nsub A2001-54 amdt 1.1\ns 2 orig s 2 sub Cwlth Act 1959 No 51\nam Cwlth Act 1964 No 109\nom Cwlth Act 1973 No 216\n(prev s 5) am Cwlth Act 1935 No 27; Cwlth Act 1945 No 57;\nCwlth Act 1957 No 34; Cwlth Act 1958 No 43; Cwlth Act 1964\nNo 109; Cwlth Act 1968 No 156; Ord1971-13; Cwlth Act 1971\nNo 98; Cwlth Act 1973 No 216; Cwlth Act 1976 No 158;\nOrd1982-26; Cwlth Act 1988 No 38; Cwlth Act 1988 No 109;\ndefs reloc to dict A2001-54 amdt 1.3\nom A2001-54 amdt 1.4\ndef acting judge ins A1993-91 s 4\ndef additional judge am A1993-91 sch 2\ndef Chief Justice om A2001-54 amdt 1.2\ndef enactment om A1993-91 sch 2\ndef Ordinance om A1993-91 sch 2\ndef resident judge ins A1993-91 s 4\ndef the court om A1993-91 sch 2\ndef the Judicature Act om A1993-91 sch 2\ndef the Registrar om A1993-91 sch 2\ndef the Sheriff om A1993-91 sch 2\ndef the Supreme Court om A1993-91 sch 2\ndef the Territory or the Australian Capital Territory om\nA1993-91 sch 2\npres s 2 ins A2001-54 amdt 1.5\nam A2002-30 amdt 3.820\nNotes\ns 2A ins A2001-54 amdt 1.5\n\nEstablishment\ns 3 orig s 3 am Cwlth Act 1973 No 216; Cwlth Act 1976 No 158 ;\nCwlth Act 1981 No 61\n(prev s 6) am Cwlth Act 1958 No 43; Ord1971-13; Cwlth Act\n","sortOrder":107},{"sectionNumber":"1971","sectionType":"section","heading":"No 98; Cwlth Act 1976 No 158; Ord1982-26","content":"1971 No 98; Cwlth Act 1976 No 158; Ord1982-26\nam A1993-91 s 5\nResident judges\ns 4 hdg sub A2001-54 amdt 1.6\ns 4 orig s 4 om Cwlth Act 1973 No 216\n(prev s 7) sub Cwlth Act 1958 No 43\nam Cwlth Act 1968 No 156; Ord1971-13; Cwlth Act 1971\nNo 98; Cwlth Act 1973 No 216; Cwlth Act 1976 No 158;\nOrd1982-26; Cwlth Act 1992 No 49\nam A1993-91 sch 2; A1994-10 s 11 (1); A1997-96 sch 1;\nA2001-54 amdt 1.7, amdt 1.8\nRequirements of appointment—resident judges\ns 4AA ins A2009-37 s 7\nam A2025-29 amdt 4.170\nAdditional judges\ns 4A orig s 4A renum as s 4B\nins A2001-54 amdt 1.9\nActing judges\ns 4B hdg sub A2001-54 amdt 1.10\ns 4B (prev s 4A) ins A1993-91 s 6\nam A1997-96 sch 1\nrenum A2001-54 amdt 1.10\nam A2001-54 amdt 1.11; A2023-37 s 17\nSeniority of judges\ns 5 (prev s 7AA) ins Cwlth Act 1988 No 109\nsub Cwlth Act 1992 No 49\nam A1993-91 s 7; A2001-54 s 4, s 5; R7 LA (see A2001-54\ns 6); A2015-10 s 40, s 41; ss renum R45 LA; A2018-39 s 12;\nss renum R57 LA; A2023-37 s 18; ss renum R69 LA\nActing Chief Justice\ns 6 (prev s 7A) ins Cwlth Act 1976 No 158\nam Ord1982-26\nam A2001-54 amdt 1.12\n\nArrangement of business of court\ns 7 (prev s 7B) ins Cwlth Act 1976 No 158\nam Ord1982-26\nam A2001-54 s 7; A2015-10 s 42\nExercise of jurisdiction\ns 8 am Cwlth Act 1945 No 57; Cwlth Act 1956 No 47\nsub Cwlth Act 1958 No 43\nam Cwlth Act 1968 No 156; Ord1971-13\nsub Cwlth Act 1971 No 98\nam Cwlth Act 1976 No 158\nsub Cwlth Act 1988 No 38\nmod Cwlth SR 1989 No 3 (as am Cwlth SR 1989 No 188)\nam Cwlth Act 1992 No 49; A1993-91 sch 2; A2001-54 s 8;\nA2004-60 amdt 1.634; A2006-40 amdt 2.172; A2015-10\ns 43; A2018-9 s 113, s 114; A2023-37 s 19; pars renum\nR69 LA\nExercise of jurisdiction by associate judge\ns 9 (prev s 8AAA) ins Cwlth Act 1988 No 38\nam A1993-91 sch 2; A2001-54 s 9, s 10; A2001-54 amdt 1.13;\nA2002-30 amdt 3.821, amdt 3.822; A2004-60 amdt 1.635,\namdt 1.636; A2006-40 amdts 2.173-2.175\nsub A2015-10 s 44; A2018-9 s 115\nam A2018-46 amdt 1.5; A2019-31 s 25\nom A2023-37 s 20\nExercise of jurisdiction by registrar\ns 10 (prev s 8AAB) ins Cwlth Act 1988 No 38\nam A1993-91 sch 2; A2001-54 amdt 1.13; A2002-30 amdts\n3.823-3.826; A2004-60 amdt 1.637, amdt 1.638; A2005-60\namdt 1.132, amdt 1.133; A2006-40 amdt 2.176, amdt 2.177\nExercise of jurisdiction—legal practitioners\ns 11 (prev s 8AA) ins Cwlth Act 1968 No 156\nam Ord1971-13; Cwlth Act 1971 No 98; Cwlth Act 1976\nNo 158\nsub Cwlth Act 1990 No 115\nsub A1993-91 s 8\nam A1993-94 s 45; A1997-96 sch 1; A2006-25 amdt 2.20\n\nExercise of jurisdiction under subsections 46 (4) and 48 (2) of the\nadministrative appeals tribunal Act\ns 12 hdg am A1993-91 note\ns 12 (prev s 8AABA) mod Cwlth SR 1989 No 3 (as am Cwlth\nSR 1989 No 188) (exp 1 July 1992)\nins Cwlth Act 1992 No 49\nam A1993-91 sch 2; A1994-60 sch 1\nom A2000-1 sch\nPower of judge to order that jurisdiction in a matter be exercised by Full\ns 13 hdg am A1993-91 note\ns 13 orig s 13 am Cwlth Act 1968 No 156; Cwlth Act 1971 No 98\n(prev s 8AB) ins Cwlth Act 1971 No 98\nam Cwlth Act 1976 No 158\nam A1993-91 sch 2; A2002-30 amdt 3.827; A2004-60\namdt 1.639\nFull Court decisions—equal division of opinion\ns 14 (prev s 8AC) ins Cwlth Act 1971 No 98\nam Cwlth Act 1976 No 158; Cwlth Act 1988 No 38\nmod Cwlth SR 1989 No 3 (as am Cwlth SR 1989 No 188)\nam A1993-91 s 9, sch 2; A2001-54 amdt 1.14; A2006-40\namdt 2.187, amdt 2.179; A2015-10 s 45\nsub A2023-37 s 21\nExercise by court of powers of master\ns 15 (prev s 8AD) ins Cwlth Act 1988 No 38\nam A1993-91 sch 2; A2001-54 amdt 1.15\nHolding other judicial offices\ns 16 (prev s 8A) ins Cwlth Act 1945 No 57\nsub Cwlth Act 1957 No 34; Cwlth Act 1958 No 43; Cwlth\nAct 1964 No 109\nam Cwlth Act 1973 No 216; Cwlth Act 1992 No 49\nam A1993-91 s 10, sch 2\n\nSalaries and travelling expenses\ns 17 (prev s 8B) ins Cwlth Act 1945 No 57\nam Cwlth Act 1947 No 52; Cwlth Act 1948 No 65; Cwlth\nAct 1950 No 51; Cwlth Act 1955 No 17; Cwlth Act 1958\nNo 43; Cwlth Act 1960 No 110; Cwlth Act 1965 No 92; Cwlth\nAct 1966 No 93; Cwlth Act 1969 No 40; Ord1971-13\nsub Cwlth Act 1976 No 158\nam Ord1982-26; Cwlth Act 1992 No 49\nam A1993-91 s 11, sch 2; A1996-26 sch pt 34; A1997-41\nom A1998-72 s 4\nPrincipal seat of court and sittings\ns 18 (prev s 9) am Cwlth Act 1992 No 49\nam A1993-91 sch 2; A2004-60 amdt 1.640\nOath or affirmation of office—judges\ns 19 (prev s 10) am Cwlth Act 1958 No 43; Cwlth Act 1976 No 158;\nCwlth Act 1981 No 176 (as am by Ord1982-80); Ord1982-26;\nsub A1993-91 s 12; A2001-7 s 4\nam A2002-30 amdts 3.828-3.830\nJurisdiction and powers of Supreme Court\ns 20 (prev s 11) sub Cwlth Act 1957 No 34\nam Cwlth Act 1976 No 158; Cwlth Act 1981 No 61; Cwlth\nAct 1988 No 109\nsub Cwlth Act 1992 No 49\nDistinction between court and chambers\ns 21 (prev s 12) am Cwlth Act 1957 No 34; Cwlth Act 1968 No 156;\nCwlth Act 1988 No 109\nsub A1993-91 s 13\nNo trial by jury in civil proceedings\ns 22 hdg sub A1993-59 note\ns 22 (prev s 14) renum Cwlth Act 1992 No 49\nam A1993-91 s 14, sch 2; A2001-88 s 43 (3)\nsub A2002-40 amdt 3.39\n\nCosts\ns 23 (prev s 15) am Cwlth Act 1957 No 34; Cwlth Act 1988 No 109\nam A1993-91 sch 2; A2004-60 amdt 1.641; A2005-60\namdts 1.134-1.136\nreloc to Court Procedures Act 2004, div 10.7 as s 134 by\nA2005-60 amdt 1.137\nService of writs out of the jurisdiction of the court\ns 24 (prev s 16) am Cwlth Act 1950 No 80\nom A2004-60 amdt 1.642\nLaw and equity to be concurrently administered\ns 25 (prev s 17) am Cwlth Act 1976 No 158\nam A1993-91 sch 2; A2010-13 amdt 1.30\nEquities of plaintiff\ns 26 (prev s 18) renum Cwlth Act 1992 No 49\nEquities of defendant\ns 27 (prev s 19) renum Cwlth Act 1992 No 49\nCounterclaims and third parties\ns 28 (prev s 20) am Cwlth Act 1957 No 34; Cwlth Act 1988 No 109\nIncidental equities\ns 29 orig s 29 om Cwlth Act 1959 No 51\n(prev s 21) renum Cwlth Act 1992 No 49\nDefence or stay of proceeding instead of prohibition order or injunction\ns 30 orig s 30 om Cwlth Act 1959 No 51\n(prev s 22) renum Cwlth Act 1992 No 49\nam A2002-30 amdt 3.831; A2004-60 amdt 1.643; ss renum\nR18 LA (see A2004-60 amdt 1.644)\nsub A2006-40 amdt 2.181\nCommon law and statute\ns 31 orig s 31 om Cwlth Act 1959 No 51\n(prev s 23) am Cwlth Act 1973 No 216\n\nFinal determination of matters\ns 32 orig s 32 om Cwlth Act 1959 No 51\n(prev s 24) renum Cwlth Act 1992 No 49\nLaw and equity\ns 33 orig s 33 om Cwlth Act 1959 No 51\n(prev s 25) renum Cwlth Act 1992 No 49\nRemuneration and allowances\ns 33B ins Cwlth Act 1988 No 38\nTerms and conditions of appointment not provided by Act\ns 33E ins Cwlth Act 1988 No 38\nEquitable damages\ns 34 (prev s 26) renum Cwlth Act 1992 No 49\nsub A1993-91 s 15\nam A2001-54 amdt 1.16, amdt 1.17; A2002-30 amdt 3.832\nom A2006-40 amdt 2.182\nins A2010-13 amdt 1.31\nReceivers\ns 34A ins A1993-91 s 15\nsub A2002-30 amdt 3.833\nom A2006-40 amdt 2.182\nHabeas corpus and prerogative orders\ns 34B ins A1993-91 s 15\nam A2002-30 amdt 3.834\nsub A2006-40 amdt 2.183\nRules of practice and procedure—judicial discretion\ns 35 (prev s 27) sub Cwlth Act 1957 No 34\nsub A1993-91 s 15; A2002-30 amdt 3.835\nom A2006-40 amdt 2.184\nRules of court\ns 36 (prev s 28) am Cwlth Act 1950 No 80; Cwlth Act 1957 No 34;\nCwlth Act 1968 No 156; Cwlth Act 1971 No 98; Cwlth\nAct 1973 No 216; Cwlth Act 1976 No 158; Ord1978-3; Cwlth\nAct 1981 No 92; Ord1982-26; Cwlth Act 1986 No 168; Cwlth\nAct 1988 No 99; Cwlth Act 1988 No 108\n\nam A1993-91 s 16, sch 2; A1997-96 sch 1; A1999-66 sch 3;\nA2001-54 s 11, s 12; A2002-30 amdt 3.836, amdt 3.837\nom A2009-44 amdt 1.35\nFees and charges—determination\ns 37 (prev s 29) om Cwlth Act 1959 No 51\nins Ord1978-3\nsub A1994-3 s 4\nam A1997-96 sch 1; A1999-66 sch 3; A2001-44\namdts 1.3957-1.3959\nFees and charges—payment\ns 37A ins A1994-3 s 4\nam A2001-44 amdt 1.3960; A2002-30 amdt 3.838\nFees and charges—remission, refund, deferral, waiver and exemption\ns 37B ins A1994-3 s 4\nam A1994-45 sch; A1995-46 sch; A1997-58 sch 1; A1997-83\ns 34; A1999-64 sch 2; A1999-66 sch 3; A1999-91 sch 2;\nA2002-30 amdts 3.839-3.843\nFees and charges—recovery if otherwise not payable\ns 37C ins A1994-3 s 4\nFees and charges—review of decisions\ns 37D ins A1994-3 s 4\nam A1999-66 sch 3\nCourt of Appeal\npt 2A hdg orig pt 2A hdg renum as pt 2B hdg\nAppellate jurisdiction\ns 37E orig s 37E renum as s 37T\nam A2001-63 s 72, s 73 (s 72, s 73 om A2002-49 amdt 3.52\nbefore commencement); A2006-40 amdts 2.185-2.188;\nA2008-42 s 21; A2015-10 s 46, s 47; A2016-36 s 4;\nA2023-37 s 22; A2023-48 s 4\nAppointment of President\ns 37F orig s 37F renum as s 37U\nom A2015-10 s 48\n\nArrangement of business of Court of Appeal\ns 37G orig s 37G renum as s 37V\nom A2015-10 s 48\nAppeal bench\ns 37H orig s 37H renum as s 37W\nam A2006-40 amdt 2.189, amdt 2.190; A2015-10 s 49\nPresiding judge\ns 37I orig s 37I renum as s 37X\nAppeal court constituted by single judge\ns 37J ins A2001-54 s 13\nam A2005-43 amdt 1.35, amdt 1.36; A2006-40 amdt 2.190,\namdt 2.191\nDecision-making\ns 37K ins A2001-54 s 13\nAppeal judge unable to continue sitting\ns 37L ins A2001-54 s 13\nReserved judgments\ns 37M ins A2001-54 s 13\nEvidence on appeal\ns 37N ins A2001-54 s 13\nam A2003-48 amdt 2.19, amdt 2.20; A2015-40 amdt 1.19\nOrders on appeal\ns 37O hdg sub A2006-40 amdt 2.192\ns 37O ins A2001-54 s 13\nam A2002-40 amdt 3.40; pars renum R13 LA (see A2002-40\namdt 3.41); A2006-40 amdts 2.193-2.201; A2008-42 s 22;\nss renum R29 LA\nNew trials\ns 37P ins A2001-54 s 13\nBail time on appeal does not count towards sentence\ns 37Q hdg sub A2006-23 amdt 1.290\ns 37Q ins A2001-54 s 13\nReference appeal in relation to proceeding\ns 37S hdg sub A2008-42 s 23\ns 37S ins A2001-54 s 13\nam A2008-42 ss 24-28; A2011-30 amdt 1.12\n\nDrug and alcohol treatment order jurisdiction\npt 2AA hdg ins A2019-31 s 26\nDefinitions—pt 2AA\ns 37SA ins A2019-31 s 26\ndef drug and alcohol treatment order ins A2019-31 s 26\ndef member ins A2019-31 s 26\ndef treatment and supervision team ins A2019-31 s 26\ndef treatment order judge ins A2019-31 s 26\ndef treatment order team ins A2019-31 s 26\nDrug and alcohol treatment order jurisdiction\ns 37SB ins A2019-31 s 26\nCourt not bound by rules of evidence\ns 37SC ins A2019-31 s 26\nTreatment order judge may convene case conference\ns 37SD ins A2019-31 s 26\nRemuneration, allowances and other entitlements of judges\npt 2B hdg (prev pt 2A hdg) ins A1998-72 s 5\nrenum A2001-54 amdt 1.18\nsub A2002-30 amdt 3.844\nMeaning of entitlements\ns 37T (prev s 37E) ins A1998-72 s 5\nResident judges\ns 37U (prev s 37F) ins A1998-72 s 5\nam A2001-54 amdts 1.19-1.21\nam A2002-30 amdt 3.845; A2004-2 amdts 1.50-1.53;\nA2005-43 amdts 1.37-1.40\nsub A2006-43 s 4\nam A2008-37 amdt 1.448; A2015-52 s 45, s 46; A2025-29\namdt 3.317, amdt 4.170\nIndemnity for superannuation surcharge levy\ns 37UA ins A2006-43 s 4\nSalary of former President\ns 37UB ins A2006-43 s 4\nom A2015-10 s 50\nActing judge—conditions of appointment\ns 37V (prev s 37G) ins A1998-72 s 5\nam A2001-54 amdt 1.22\nsub A2005-43 amdt 1.41; A2021-13 s 42\n\nDual appointments\ns 37W (prev s 37H) ins A1998-72 s 5\nAccrual and appropriation\ns 37X (prev s 37I) ins A1998-72 s 5\nThe master\npt 3 hdg prev pt 3 hdg om Cwlth Act 1959 No 51\nThe master\ns 38 (prev s 30) om Cwlth Act 1959 No 51\nrenum (Cwlth) Cwlth Act 1992 No 49\nFunctions of master\ns 39 (prev s 31) om Cwlth Act 1959 No 51\nsub A2002-30 amdt 3.846\nAppointment of master\ns 40 (prev s 32) om Cwlth Act 1959 No 51\nam A1993-91 s 17; A1997-96 sch 1; A2002-30 amdt 3.847,\namdt 3.848\nRequirements of appointment—master\ns 40A ins A2009-37 s 8\nTerm of appointment of master\ns 41 (prev s 33) om Cwlth Act 1959 No 51\nam A1993-91 s 18\nsub A2002-30 amdt 3.849; A2018-39 s 13\n\nExtension of master’s term of appointment\ns 41A ins A1993-91 s 19\nsub A2002-30 amdt 3.850\nom A2018-39 s 14\nMaster—conditions of appointment\ns 41B ins A1993-91 s 19\nsub A2002-30 amdt 3.851; A2021-13 s 43\nHolding other offices\ns 41C ins A1993-91 s 19\nOath or affirmation of office—master\ns 42 (prev s 33A) ins Cwlth Act 1988 No 38\nsub A1993-91 s 19; A2001-7 s 5\nam A2002-30 amdts 3.852-3.854\nResignation\ns 43 (prev s 33C) ins Cwlth Act 1988 No 38\nRetirement\ns 44 (prev s 33D) ins Cwlth Act 1988 No 38\nsub A1994-10 s 11 (2); A2009-19 s 68\nMaster to be known as associate judge\ns 45 (prev s 33F) ins Cwlth Act 1988 No 38\nam A1994-10 s 11 (3); A2001-44 amdt 1.3961, amdt 1.3962\nom A2002-30 amdt 3.855\nins A2015-10 s 51\nAppointments\ns 46 (prev s 34) am Cwlth Act 1957 No 34\nsub Cwlth Act 1964 No 109\nam Cwlth Act 1971 No 98; Cwlth Act 1988 No 109\nam A1993-91 s 20, sch 2; A2002-30 amdt 3.856\nsub A2016-37 amdt 1.40\n\nActing appointments\ns 46A ins A1993-91 s 21\nom A2002-30 amdt 3.857\nStaff assisting registrar\ns 46B ins A1994-38 sch 1 pt 75\nom A2016-52 amdt 1.157\nFunctions of registrar and deputy registrars\ns 47 (prev s 35) sub Cwlth Act 1957 No 34\nam Cwlth Act 1968 No 156; Cwlth Act 1983 No 91; Cwlth\nAct 1988 No 38;Cwlth Act 1988 No 109\nsub A1993-91 sch 2; A2002-30 amdt 3.858\nam A2004-60 amdt 1.646; A2025-29 amdt 3.318\nOath or affirmation of office—registrar\ns 48 (prev s 35AA) ins Cwlth Act 1992 No 49\nsub A1993-91 sch 2; A2001-7 s 6\nam A2002-30 amdts 3.859-3.861\nProceedings before registrar in relation to winding-up of companies\ns 49 (prev s 35A) ins Cwlth Act 1968 No 156\nam Cwlth Act 1988 No 38; Cwlth Act 1991 No 136\nam A1993-91 sch 2; A2002-30 amdts 3.862-3.864\nAccess to details of address\ns 49A ins A2003-2 s 78\nam A2007-8 amdt 1.20\nom A2010-21 amdt 1.24\nFunctions of sheriff\ns 50 (prev s 36) renum Cwlth Act 1992 No 49\nam A2025-29 amdt 3.318\nAppeals\npt 6 hdg om Cwlth Act 1976 No 158\nDeputy sheriffs\ns 51 orig s 51 am Cwlth Act 1955 No 36; Cwlth Act 1957 No 34;\nCwlth Act 1966 No 93; Cwlth Act 1968 No 156\n(prev s 37) renum Cwlth Act 1992 No 49\nsub A1993-91 sch 2; A2002-30 amdt 3.865\nam A2004-60 amdt 1.646; A2025-29 amdt 3.318\n\nProcess of court if sheriff or deputy sheriff is interested party\ns 52 orig s 52 sub Cwlth Act 1964 No 109\n(prev s 37A) ins Cwlth Act 1964 No 109\nam A2002-30 amdt 3.866\nSheriff’s assistants\ns 53 (prev 37B) ins Cwlth Act 1992 No 49\nam A1993-91 s 22, sch 2\nsub A2002-30 amdt 3.867\nEntry, search and seizure—sheriff’s powers\ns 53A ins A1998-6 s 4\nam A2001-54 amdt 1.24; A2002-30 amdt 3.868\nHow evidence is to be given\ns 54 hdg sub A2002-30 amdt 3.869\ns 54 (prev s 38) sub Cwlth Act 1971 No 98\nam A1993-91 sch 2; A2002-30 amdt 3.870\nsub A2004-60 amdt 1.647\nEvidence by affidavit\ns 55 (prev s 39) am Cwlth Act 1957 No 34\nsub Cwlth Act 1971 No 98\nam A1993-91 sch 2; A1997-96 sch 1; A2002-30 amdt 3.871\nHearing of bail applications\ns 55A ins A1999-22 s 38\nam A2000-17 sch 1; A2001-54 amdt 1.25; A2002-30\namdt 3.872; A2003-48 amdt 2.21\nAppearance by legal practitioner\ns 56 (prev s 40) sub Ord1966-8\nam A1993-91 sch 2; A1997-96 sch 1\n\nOrders and commissions for examination of witnesses\ns 57 (prev s 41) renum Cwlth Act 1992 No 49\nam A1993-91 sch 2; A2002-30 amdt 3.873, amdt 3.874\nNon-appearance or absence of some defendants\ns 58 (prev s 42) renum Cwlth Act 1992 No 49\nam A1993-91 sch 2; A2002-30 amdt 3.875, amdt 3.876;\nA2004-60 amdt 1.648\nreloc to Court Procedures Act 2004 s 66 A2006-40 amdt 2.203\nSupreme Court trials—evidence of dead or absent persons\ns 58A reloc from Evidence Act 1971 s 73 by A1999-66 sch 3\nam A2002-30 amdt 3.877; A2004-60 amdt 1.649; A2005-20\namdt 3.404; A2008-44 amdt 1.94, amdt 1.95\nAmendment of defects\ns 59 (prev s 43) renum Cwlth Act 1992 No 49\nsub A1993-91 sch 2; A2002-30 amdt 3.878\nreloc to Court Procedures Act 2004 s 67 A2006-40 amdt 2.204\nFormal defects to be amended\ns 60 orig s 60 om Cwlth Act 1973 No 216\n(prev s 44) renum Cwlth Act 1992 No 49\nreloc to Court Procedures Act 2004 s 68 A2006-40 amdt 2.204\nPower to complete part-heard proceedings\ns 60A ins A1993-91 s 23\nam A2001-54 s 14; A2002-30 amdt 3.879; A2006-40\namdt 2.205; A2015-10 s 52\nsub A2021-13 s 44\nam A2023-37 s 24\nReserved judgments\ns 61 (prev s 44A) ins Cwlth Act 1981 No 176\nsub A2001-54 amdt 1.26\nMatter heard in one place may be further dealt with at another place\ns 62 (prev s 45) renum Cwlth Act 1992 No 49\nom A1993-91 sch 2\nChange of venue\ns 63 (prev s 46) renum Cwlth Act 1992 No 49\n\nSeals\ns 64 (prev s 47) am Cwlth Act 1971 No 98; Cwlth Act 1976 No 158;\nOrd1982-26\nsub A2005-60 amdt 1.138\nUse of seals\ns 65 (prev s 48) renum Cwlth Act 1992 No 49\nam A2004-60 amdt 1.650\nreloc to Supreme Court Rules o 1 r 5 by A2004-60 amdt 1.651\nDate of process\ns 66 (prev s 49) renum Cwlth Act 1992 No 49\nam A1993-91 sch 2; A2005-60 amdt 1.139, amdt 1.140\nreloc to Court Procedures Act 2004, div 10.7 as s 135 by\nA2005-60 amdt 1.141\nOaths and affirmations\ns 67 (prev s 50) am Cwlth Act 1957 No 34; Cwlth Act 1992 No 49\nsub A1993-91 s 24\nom A2004-60 amdt 1.652\nVexatious litigants\ns 67A ins A1998-72 s 6\nam A2001-44 amdt 1.3963; A2002-30 amdt 3.880,\namdt 3.881; A2023-57 s 46, s 47; ss renum R70 LA\nTrial on indictment\npt 7 hdg sub A1993-59 s 5\nProsecution of indictable offences\ns 68 hdg sub A1993-59 note\ns 68 (prev s 53) sub Cwlth Act 1957 No 34\nam Cwlth Act 1981 No 176; Cwlth Act 1983 No 114\nam A1993-91 sch 2; A2001-44 amdt 1.3964\nTrial by jury in criminal proceedings\ns 68A ins A1993-59 s 6\n\nTrial by judge alone in certain criminal proceedings\ns 68B ins A1993-59 s 6\nam A1997-96 sch 1\nsub A2011-20 s 10\nam A2012-29 amdt 1.5; A2020-11 amdts 1.65-1.67; A2021-1\namdt 1.26, amdt 1.27\n(3A), (4), def COVID-19 emergency period, (5) exp\n30 June 2021 (s 68B (5))\nTrial by judge alone in criminal proceedings—COVID-19 emergency period\ns 68BA ins A2020-11 amdt 1.68\nom A2020-27 s 36\nVerdict of judge in criminal proceedings\ns 68C ins A1993-59 s 6\nam A2010-40 amdt 3.2; A2011-48 amdt 1.53\nBack-up and related offences\npt 8 hdg ins A1993-59 s 6\nam A2014-1 s 30\nDefinitions––pt 8\n68CA ins A2014-1 s 31\ndef back-up offence ins A2014-1 s 31\ndef related offence ins A2014-1 s 31\nBack-up and related offences\ns 68D ins A1993-59 s 6\nam A2001-54 amdt 1.27\nsub A2014-1 s 32\nam A2018-40 s 20; pars renum R55 LA\nProcedure\ns 68E ins A1993-59 s 6\nam A2014-1 s 33\nRemission of back-up and related offences to Magistrates Court\ns 68F ins A1993-59 s 6\nsub A2014-1 s 34\nAlternative verdict—summary offence\ns 68G ins A2009-24 amdt 1.42\nAcquittals\npt 8AA hdg ins A2016-36 s 5\nApplication—pt 8AA\ndiv 8AA.1 hdg ins A2016-36 s 5\nApplication—pt 8AA\ns 68H ins A2016-36 s 5\n\nImportant concepts\ndiv 8AA.2 hdg ins A2016-36 s 5\nDefinitions—pt 8AA\ns 68I ins A2016-36 s 5\ndef acquittal ins A2016-36 s 5\ndef administration of justice offence ins A2016-36 s 5\ndef another jurisdiction ins A2016-36 s 5\ndef category A offence ins A2016-36 s 5\ndef category B offence ins A2016-36 s 5\ndef compelling ins A2016-36 s 5\ndef court ins A2016-36 s 5\ndef fresh ins A2016-36 s 5\ndef tainted ins A2016-36 s 5\nMeaning of acquittal—pt 8AA\ns 68J ins A2016-36 s 5\nMeaning of fresh and compelling evidence—pt 8AA\ns 68K ins A2016-36 s 5\nMeaning of tainted acquittal—pt 8AA\ns 68L ins A2016-36 s 5\nRetrial etc of acquitted person\ndiv 8AA.3 hdg ins A2016-36 s 5\nCourt may order retrial—category A offence\ns 68M ins A2016-36 s 5\nCourt may order retrial—category B offence\ns 68N ins A2016-36 s 5\nam A2016-53 s 11\nCourt may order trial—administration of justice offence\ns 68O ins A2016-36 s 5\nam A2016-53 s 12\nInterests of justice\ns 68P ins A2016-36 s 5\nProcedure\ndiv 8AA.4 hdg ins A2016-36 s 5\nApplications under pt 8AA\nsubdiv 8AA.4.1 hdg ins A2016-36 s 5\nConditions for retrial application\ns 68Q ins A2016-36 s 5\nLimitations on retrial application\ns 68R ins A2016-36 s 5\n\nConditions for justice offence trial application\ns 68S ins A2016-36 s 5\nPresentation of indictment\nsubdiv 8AA.4.2 hdg ins A2016-36 s 5\nLimitations on indictment\ns 68T ins A2016-36 s 5\nIndictment for retrial of category A or category B offences\ns 68U ins A2016-36 s 5\nIndictment for trial of justice offence\ns 68V ins A2016-36 s 5\nConduct of proceeding for retrial etc\ndiv 8AA.5 hdg ins A2016-36 s 5\nProsecution must not refer to certain matters before jury\ns 68W ins A2016-36 s 5\nMiscellaneous\ndiv 8AA.6 hdg ins A2016-36 s 5\nEntitlement to bail\ns 68X ins A2016-36 s 5\nSingle course of action for each proceeding\ns 68Y ins A2016-36 s 5\nRestrictions on publication\ns 68Z ins A2016-36 s 5\nMaximum penalty for retrial offence\ns 68ZA ins A2016-36 s 5\nIndemnification for costs\ns 68ZB ins A2016-36 s 5\nAppeals against conviction for fresh and compelling evidence\npt 8AB hdg ins A2023-48 s 5\nApplication—pt 8AB\ndiv 8AB.1 hdg ins A2023-48 s 5\nApplication—pt 8AB\ns 68ZC ins A2023-48 s 5\nImportant concepts\ndiv 8AB.2 hdg ins A2023-48 s 5\n\nDefinitions—pt 8AB\ns 68ZD ins A2023-48 s 5\ndef compelling ins A2023-48 s 5\ndef convicted person ins A2023-48 s 5\ndef court ins A2023-48 s 5\ndef fresh ins A2023-48 s 5\nMeaning of fresh and compelling evidence—pt 8AB\ns 68ZE ins A2023-48 s 5\nApplication of pt 2A\ndiv 8AB.3 hdg ins A2023-48 s 5\nCertain provisions of pt 2A taken to apply\ns 68ZF ins A2023-48 s 5\nAppeal against conviction\ndiv 8AB.4 hdg ins A2023-48 s 5\nCourt may grant leave to appeal conviction\ns 68ZG ins A2023-48 s 5\nOrders on appeal against conviction\ns 68ZH ins A2023-48 s 5\nInterest up to judgment\ns 69 (prev s 53A) ins Cwlth Act 1981 No 176\nam A1993-91 sch 2; A2002-30 amdts 3.882-3.884\nreloc to Supreme Court Rules o 42A r 1 by A2004-60\namdt 1.653\nJudicial officers exchange\npt 8A hdg ins A2010-13 amdt 1.32\nDefinitions—pt 8A\ns 69A ins A2010-13 amdt 1.32\ndef ACT court ins A2010-13 amdt 1.32\nam A2011-20 s 11\ndef corresponding court ins A2010-13 amdt 1.32\nam A2011-20 s 11\ndef court ins A2010-13 amdt 1.32\ndef judicial exchange arrangement ins A2010-13 amdt 1.32\ndef judicial officer ins A2010-13 amdt 1.32\ndef participating jurisdiction ins A2010-13 amdt 1.32\ndef this jurisdiction ins A2010-13 amdt 1.32\nEstablishment of judicial exchange arrangements\ns 69B ins A2010-13 amdt 1.32\nTransfer of judicial officer of another jurisdiction to ACT court\ns 69C ins A2010-13 amdt 1.32\n\nService in ACT court of judicial officer of another jurisdiction\ns 69D ins A2010-13 amdt 1.32\nService of ACT judicial officer in corresponding court\ns 69E ins A2010-13 amdt 1.32\nJudicial office not affected by appointment to another judicial office\ns 69F ins A2010-13 amdt 1.32\nOther arrangements not affected\ns 69G ins A2010-13 amdt 1.32\nAmendment of sch 3\ns 69H ins A2010-13 amdt 1.32\nsub A2011-20 s 12\nMiscellaneous\npt 9 hdg ins A1993-59 s 6\nInterest on judgments\ns 70 (prev s 54) am Cwlth Act 1966 No 93\nsub Cwlth Act 1976 No 158\nom A2004-60 amdt 1.654\nFailure to attend Supreme Court as required\ns 70A reloc from Evidence Act 1971 s 97 by A1999-66 sch 3\nam A2006-23 amdt 1.291\nSecurity of the peace and for good behaviour\ns 71 (prev s 55) am Cwlth Act 1971 No 98; Cwlth Act 1973 No 216;\nPowers of judge\ns 72 (prev s 56) renum Cwlth Act 1992 No 49\nom A1993-91 sch 2\nDuty of receiver and manager\ns 73 (prev s 57) renum Cwlth Act 1992 No 49\nom A2006-40 amdt 2.206\nLiability and protection of receivers and managers\ns 74 (prev s 58) renum Cwlth Act 1992 No 49\nom A2006-40 amdt 2.206\n\nCertified copies of transcript of Supreme Court proceedings\ns 74A reloc from Evidence Act 1971 s 91 with amdts by A1999-66\nsch 3\nam R11 LA (see A2002-30 amdt 3.885)\nApproved forms\ns 75 orig s 75 renum as s 76 A2001-44 amdt 1.3965\nins A2001-44 amdt 1.3965\n(4)-(7) exp 12 September 2002 (s 75 (7))\nam A2002-30 amdt 3.886\nom A2004-60 amdt 1.655\nRegulation-making power\ns 76 (prev s 59) om Cwlth Act 1964 No 109\nrenum as s 75 Cwlth Act 1992 No 49\nsub A1993-91 s 25\nsub as s 76 A2001-44 amdt 1.3965\nam A2025-29 amdt 4.170\nTransitional—Crimes Legislation Amendment Act 2008\npt 10 hdg ins A2008-44 amdt 1.96\nApplication of amendments\ns 100 ins A2008-44 amdt 1.96\nTransitional regulations\ns 101 ins A2008-44 amdt 1.96\nExpiry—pt 10\ns 102 ins A2008-44 amdt 1.96\nTransitional—Courts Legislation Amendment Act 2015\npt 11 hdg ins A2015-10 s 53\nMeaning of commencement day—pt 11\ns 110 ins A2015-10 s 53\nTransitional regulations\ns 111 ins A2015-10 s 53\nExpiry—pt 11\ns 112 ins A2015-10 s 53\n\nTransitional—COVID-19 Emergency Response Legislation Amendment\nAct 2020 (No 2)\npt 12 hdg ins A2020-27 s 37\nDefinitions—pt 12\ns 115 ins A2020-27 s 37\nTrial by judge alone under repealed law—order proposed\ns 116 ins A2020-27 s 37\nTrial by judge alone under repealed law—order made\ns 117 ins A2020-27 s 37\nExpiry—pt 12\ns 118 ins A2020-27 s 37\nTransitional—Courts Legislation Amendment Act 2023\npt 13 hdg ins A2023-37 s 25\nMeaning of associate judge—pt 13\ns 119 ins A2023-37 s 25\nEqually divided opinion relating to order of associate judge\ns 120 ins A2023-37 s 25\nAppeals against interlocutory orders of associate judge\ns 121 ins A2023-37 s 25\nPower to complete part-heard proceedings of associate judge\ns 122 ins A2023-37 s 25\nExpiry—pt 13\ns 123 ins A2023-37 s 25\nThe schedules\nhdg to schs om Ord1985-65\nRules relating to service out of the jurisdiction\nfirst schedule om Cwlth Act 1950 No 80\nOaths and affirmations of office\nsch 1 (prev sch) ins A1993-91 s 26, sch 1\n\nsub A2001-7 s 7\nsch 1 hdg (prev sch hdg) renum R7 LA\nChief justice and judges\nsch 1 pt 1.1 hdg (prev sch 1 pt 1 hdg) renum R7 LA\nsub A2023-37 s 26\nsch 1 pt 1.1 am R68 LA; A2023-37 s 27\nChief justice and judges\nsch 1 pt 1.2 hdg (prev sch 1 pt 2 hdg) renum R7 LA\nsub A2023-37 s 28\nsch 1 pt 1.2 am A2023-37 s 29\nRegistrar\nsch 1 pt 1.3 hdg (prev sch 1 pt 3 hdg) renum R7 LA\nsch 1 pt 1.3 am R68 LA\nRegistrar\npt 1.4 hdg (prev sch 1 pt 4 hdg) renum R7 LA\nForm of certificate of judgment\nsecond schedule om Cwlth Act 1959 No 51\nTrial by judge alone—excluded offences\nsch 2 orig sch 2\nrenum as sch 3\npres sch 2\nins A2011-20 s 13\nsch 2 s 2.1 def Prostitution Act om A2018-25 amdt 1.5\ndef Sex Work Act ins A2018-25 amdt 1.6\ndef Work Safety Act ins A2021-19 amdt 1.11\nsch 2 pt 2.2 am A2013-12 s 45, s 46; items renum R43 LA; A2015-35\namdt 1.24; A2018-25 amdt 1.7; A2020-31 amdt 1.3;\nA2021-19 amdt 1.12, amdt 1.13; items renum R65 LA;\nA2022-13 amdt 1.5\nACT and corresponding courts\nsch 3 (prev sch 2) ins A2010-13 amdt 1.33\nrenum as sch 3 A2011-20 s 14\ndict ins A2001-54 amdt 1.28\nam A2002-30 amdt 3.887; A2008-37 amdt 1.449; A2008-42\ns 29; A2016-36 s 6; A2016-52 amdt 1.158; A2023-48 s 6;\nR72 LA\ndef acquittal ins A2016-36 s 7\ndef acting judge ins A2001-54 amdt 1.28\ndef additional judge ins A2001-54 amdt 1.28\ndef administration of justice offence ins A2016-36 s 7\ndef another jurisdiction ins A2016-36 s 7\n\ndef associate judge ins A2015-10 s 54\nom A2023-37 s 30\ndef back-up offence ins A2014-1 s 35\ndef category A offence ins A2016-36 s 7\ndef category B offence ins A2016-36 s 7\ndef clause reloc from s 2 A2001-54 amdt 1.3\ndef Chief Justice ins A2001-54 amdt 1.28\ndef compelling ins A2016-36 s 7\nsub A2023-48 s 7\ndef convicted person ins A2023-48 s 8\ndef court ins A1993-91 sch 2\nsub A2016-36 s 8\nam A2023-48 s 9\ndef Court of Appeal ins A2001-54 amdt 1.28\ndef criminal proceedings ins A1993-59 s 4\ndef defendant reloc from s 2 A2001-54 amdt 1.3\ndef deputy registrar am A1993-91 sch 2\ndef deputy sheriff reloc from s 2 A2001-54 amdt 1.3\ndef drug and alcohol treatment order ins A2019-31 s 27\ndef entitlements ins A2001-54 amdt 1.28\nsub A2002-30 amdt 3.888\ndef fresh ins A2016-36 s 9\nsub A2023-48 s 10\ndef Full Court ins A1993-91 sch 2\ndef judge (prev judge or judge of the Supreme Court) sub\nA1993-91 s 4\ndef judgment reloc from s 2 A2001-54 amdt 1.3\nsub A2006-40 amdt 2.207\ndef Judicature Act ins A1993-91 sch 2\ndef master am A1993-91 sch 2\nom A2023-37 s 30\ndef matter reloc from s 2 A2001-54 amdt 1.3\ndef member ins A2019-31 s 27\ndef order ins A2006-40 amdt 2.208\ndef plaintiff reloc from s 2 A2001-54 amdt 1.3\ndef pre-Judicature Act proceedings ins A1993-91 sch 2\ndef President ins A2001-54 amdt 1.28\nom A2015-10 s 55\n\ndef president am A1993-91 sch 2; A1994-60 sch 1\nom A2002-30 amdt 3.889\ndef process of the court ins A1993-91 sch 2\ndef registrar ins A1993-91 sch 2\ndef related offence ins A2014-1 s 35\ndef related summary offence ins A1993-59 s 4\nom A2014-1 s 36\ndef resident judge ins A2001-54 amdt 1.28\ndef rules ins A2004-60 amdt 1.656\nsub A2009-44 amdt 1.36\ndef sheriff ins A1993-91 sch 2\ndef suit reloc from s 2 A2001-54 amdt 1.3\ndef tainted ins A2016-36 s 9\ndef treatment and supervision team ins A2019-31 s 27\ndef treatment order ins A2019-31 s 27\ndef treatment order judge ins A2019-31 s 27\ndef treatment order team ins A2019-31 s 27\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\nR1 (RI)\n1 July 1992–\n11 Mar 1993\nCwlth Act 1992\nNo 49\ninitial republication\nsince\nself-government\nR1A\n12 Mar 1993–\n5 Sept 1993\nSL1993-10 amendments by\nSL1990-1 as\namended by\nSL1993-10\nR1B\n6 Sept 1993–\n16 Dec 1993\nA1993-59 amendments by\nA1993-59\nR1C\n17 Dec 1993–\n23 Dec 1993\nA1993-91 amendments by\nA1993-91\nR2 (RI)\n24 Dec 1993–\n13 Mar 1994\nA1993-94 amendments by\nA1993-94\nR2A\n14 Mar 1994–\nA1994-10 amendments by\nA1994-3 and\nA1994-10\nR2B\n1 July 1994–\n13 Nov 1994\nA1994-38 amendments by\nA1994-38\n\nfor\nR3 (RI)\n6 Feb 1995–\n17 Dec 1995\nA1994-60 amendments by\nA1994-45 and\nA1994-60\nR3A\n18 Dec 1995–\nA1995-46 amendments by\nA1995-46\nR4 (RI)\n30 Nov 1996–\n22 Sept 1997\nA1996-26 amendments by\nA1996-26\nR4A\n23 Sept 1997–\n8 Oct 1997\nA1997-41 amendments by\nA1997-41\nR4B\n9 Oct 1997–\n24 Nov 1997\nA1997-58 amendments by\nA1997-58\nR4C\n25 Nov 1997–\nA1997-83 amendments by\nA1997-83\nR5 (RI)\n31 Mar 1999–\n31 Aug 1999\nA1998-72 amendments by\nA1997-96, A1998-6\nand A1998-72\nR5A\n1 Sept 1999–\n9 Nov 1999\nA1999-22 amendments by\nA1999-22\nR5B\n24 Dec 1999–\n8 Mar 2000\nA1999-91 amendments by\nA1999-66 and\nA1999-91\nR5C\n10 May 2000–\nA2000-1 amendments by\nA1999-64 and\nA2000-1\n\nfor\nR6 (RI)\n1 June 2000–\n7 Mar 2001\nA2000-17 amendments by\nA2000-17\nR6A\n8 Mar 2001–\n10 Sept 2001\nA2001-7 amendments by\nA2001-7\n12 Oct 2001\n12 Sept 2001–\n30 Sept 2001\nA2001-44 and\nR8*\n30 Apr 2002\n1 Oct 2001–\n1 July 2002–\n12 Sept 2002\nA2001-88\n13 Sept 2002\n13 Sept 2002–\n16 Sept 2002\nA2001-88 expiry of provisions\n(s 75 (4)-(7))\n17 Sept 2002\n17 Sept 2002–\n13 Oct 2002\nA2002-30 amendments by\nA2002-30\n14 Oct 2002\n14 Oct 2002–\n31 Oct 2002\nA2002-30 amendments by\n1 Nov 2002\n1 Nov 2002–\n16 Jan 2003\nA2002-40 amendments by\nA2002-40\n17 Jan 2003\n17 Jan 2003–\n30 Mar 2003\nA2002-49 amendments by\nA2002-49\nR14 (RI)\n19 Feb 2003\n17 Jan 2003–\n30 Mar 2003\nA2002-49 reissue for\namendment by\nA2002-49\n31 Mar 2003\n31 Mar 2003–\n21 Mar 2004\nA2003-2 amendments by\nA2003-2\n22 Mar 2004\n22 Mar 2004–\n29 Apr 2004\nA2004-2 amendments by\nA2004-2\n30 Apr 2004\n30 Apr 2004–\n9 Jan 2005\nA2004-2 amendments by\nA2003-48\n\nfor\nR18*\n10 Jan 2005\n10 Jan 2005–\nA2004-60 amendments by\nA2004-60\n2 June 2005–\n30 Sept 2005\nA2005-20 amendments by\nA2005-20\n1 Oct 2005\n1 Oct 2005–\n21 Dec 2005\nA2005-43 amendments by\nA2005-43\n22 Dec 2005\n22 Dec 2005–\n27 Feb 2006\nA2005-60 amendments by\nA2005-60\n28 Feb 2006\n28 Feb 2006–\nA2005-60 amendments by\nA2005-43\n2 June 2006–\nA2006-23 amendments by\nA2006-23\n1 July 2006–\n28 Sept 2006\nA2006-25 amendments by\nA2006-25\n29 Sept 2006\n29 Sept 2006–\n24 Oct 2006\nA2006-40 amendments by\nA2006-40\nR26*\n25 Oct 2006\n25 Oct 2006–\n9 Nov 2007\nA2006-43 amendments by\nA2006-43\n10 Nov 2007\n10 Nov 2007–\n1 Feb 2009\nA2007-8 amendments by\nA2007-8\n2 Feb 2009\n2 Feb 2009–\n7 Mar 2009\nA2008-37\n8 Mar 2009\n8 Mar 2009–\nA2008-42\n30 May 2009–\n3 Sept 2009\nA2008-44\n4 Sept 2009\n4 Sept 2009–\n28 Sept 2009\nA2009-24 amendments by\nA2009-24\n29 Sept 2009\n29 Sept 2009–\n21 Oct 2009\nA2009-24 amendments by\nA2009-19\n22 Oct 2009\n22 Oct 2009–\n21 Dec 2009\nA2009-37 amendments by\nA2009-37\n\nfor\nR34*\n22 Dec 2009\n22 Dec 2009–\n27 Apr 2010\nA2009-44 amendments by\nA2009-44\n28 Apr 2010\n28 Apr 2010–\nA2010-13 amendments by\nA2010-13\n31 May 2010–\nA2010-13 commenced expiry\n1 July 2010–\n1 Nov 2010\nA2010-21 amendments by\nA2010-21\n2 Nov 2010\n2 Nov 2010–\nA2010-40 amendments by\nA2010-40\n7 July 2011–\n30 Aug 2011\nA2011-20 amendments by\nA2011-20\n31 Aug 2011\n31 Aug 2011–\n29 Feb 2012\nA2011-30 amendments by\nA2011-30\n1 Mar 2012\n1 Mar 2012–\n12 Aug 2012\nA2011-48 amendments by\nA2011-48\n13 Aug 2012\n13 Aug 2012–\n23 Apr 2013\nA2012-29 amendments by\nA2012-29\n24 Apr 2013\n24 Apr 2013–\n1 Apr 2014\nA2013-12 amendments by\nA2013-12\n2 Apr 2014\n2 Apr 2014–\n20 Apr 2015\nA2014-1 amendments by\nA2014-1\n21 Apr 2015\n21 Apr 2015–\n1 Oct 2015\nA2015-10 amendments by\nA2015-10\n2 Oct 2015\n2 Oct 2015–\n9 Dec 2015\nA2015-35 amendments by\nA2015-35\n10 Dec 2015\n10 Dec 2015–\nA2015-52 amendments by\nA2015-52\n4 May 2016–\nA2015-52 amendments by\nA2015-40\n23 June 2016–\nA2016-36 amendments by\nA2016-36\n\nfor\nR49 (RI)\n23 June 2016–\nA2016-36 reissued for\namendments by\nA2016-53\n29 June 2016–\n31 Aug 2016\nA2016-37 amendments by\nA2016-37\nR50 (RI)\n25 Aug 2016\n29 June 2016–\n31 Aug 2016\nA2016-37 reissued for\namendments by\nA2016-53\n1 Sept 2016\n1 Sept 2016–\n21 Apr 2017\nA2016-53 amendments by\nA2016-52\n22 Apr 2017\n22 Apr 2017–\n25 Apr 2018\nA2016-53 expiry of\ntransitional\nprovisions (pt 11)\n26 Apr 2018\n26 Apr 2018–\n8 Aug 2018\nA2018-9 amendments by\nA2018-9\n9 Aug 2018\n9 Aug 2018–\n7 Nov 2018\nA2018-25 amendments by\nA2018-25\n8 Nov 2018\n8 Nov 2018–\n4 Dec 2018\nA2018-40 amendments by\nA2018-40\n5 Dec 2018\n5 Dec 2018–\n12 Mar 2019\nA2018-46 amendments by\nA2018-46\n13 Mar 2019\n13 Mar 2019–\n2 Dec 2019\nA2018-46 amendments by\nA2018-39\n3 Dec 2019\n3 Dec 2019–\n7 Apr 2020\nA2019-31 amendments by\nA2019-31\n8 Apr 2020\n8 Apr 2020–\nA2020-11 amendments by\nA2020-11\n9 July 2020–\n31 Aug 2020\nA2020-27 amendments by\nA2020-27\n1 Sept 2020\n1 Sept 2020–\n19 Feb 2021\nA2020-31 amendments by\nA2020-31\n20 Feb 2021\n20 Feb 2021–\nA2021-1 amendments by\nA2021-1\n\nfor\n16 June 2021–\nA2021-13 amendments by\nA2021-13\n1 July 2021–\n10 Nov 2021\nA2021-13 expiry of provisions\n(s 68B (3A), (4),\ndef COVID-19\nemergency\nperiod, (5))\n11 Nov 2021\n11 Nov 2021–\nA2021-19 amendments by\nA2021-19\n10 July 2022–\n16 Aug 2022\nA2021-19 expiry of\ntransitional\nprovisions (pt 12)\n17 Aug 2022\n17 Aug 2022–\n25 Sept 2022\nA2022-13 amendments by\nA2022-13\n26 Sept 2022\n26 Sept 2022–\n29 Sept 2023\nA2022-13 includes editorial\namendments under\nLegislation Act\n30 Sept 2023\n30 Sept 2023–\n11 Dec 2023\nA2023-37 amendments by\nA2023-37\n12 Dec 2023\n12 Dec 2023–\nA2023-57 amendments by\nA2023-57\n15 May 2024–\n25 Nov 2025\nA2023-57 amendments by\nA2023-48\n\nExpired transitional or validating provisions 6\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":108}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":768},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has grown significantly from its original 1933 purpose of simply establishing a Supreme Court. Major expansions include: creation of the Court of Appeal (2001), judge-alone trial provisions (1993, expanded 2011), double jeopardy/retrial after acquittal provisions (2016), drug and alcohol treatment order jurisdiction (2019), judicial exchange arrangements (2010), and appeals based on fresh and compelling evidence (2023). The original court structure has been layered with specialised jurisdictions and procedural mechanisms that go well beyond basic court establishment."},"complexity_factors":["Multiple judge categories with different appointment rules, seniority rules, and eligibility requirements (resident, additional, acting judges)","Extensive cross-referencing to other ACT legislation (Crimes Act, Crimes (Sentencing) Act, Court Procedures Act, Evidence Act, etc.)","Nested conditional logic for retrial applications — different thresholds for 'category A' offences (life imprisonment), 'category B' offences (15+ years), and administration of justice offences","Detailed procedural rules for Court of Appeal including provisions for when a judge becomes unable to continue sitting","Schedule-based definitions and exclusions (Schedule 2 lists 33 excluded offences for judge-alone trials)","Transitional provisions with expiry dates and complex amendment history tracking back to 1933","Judicial remuneration provisions that incorporate Commonwealth legislation by reference with extensive deeming provisions"],"plain_english_summary":"This Act establishes and governs the **Supreme Court of the Australian Capital Territory** — the highest court in the ACT.\n\n**What it does:**\n\n- **Creates the court** as a \"superior court of record\" with a Chief Justice and other judges (Part 2)\n- **Sets up three types of judges**: resident judges (permanent appointments), additional judges (borrowed from other courts), and acting judges (temporary appointments for up to 2 years)\n- **Establishes the Court of Appeal** (Part 2A) — a division that hears appeals from single judges, with decisions made by 3 judges (or 1 judge for procedural matters)\n- **Merges law and equity** — the court can grant both legal remedies (like damages) and equitable remedies (like injunctions) in the same case\n- **Provides for judge-alone trials** in criminal cases (Part 7) — accused people can elect to be tried without a jury, except for serious offences like murder and sexual assault (listed in Schedule 2)\n- **Allows retrials after acquittal** (Part 8AA) — in limited circumstances where there's \"fresh and compelling evidence\" or a \"tainted acquittal\" (eg, where someone interfered with justice)\n- **Creates a special jurisdiction for drug and alcohol treatment orders** (Part 2AA) — where the court supervises offenders with addiction issues\n- **Allows judicial exchanges** (Part 8A) — judges from other Australian or international courts can temporarily serve in the ACT, and ACT judges can serve elsewhere\n\n**Who it affects:**\n- Anyone involved in serious civil or criminal litigation in the ACT\n- Legal practitioners seeking admission or facing disciplinary action\n- Judges and court officers (registrar, sheriff, deputies)\n- People appealing convictions or sentences\n\n**Why it matters:**\nThis is the foundational statute for the ACT's highest court. It determines how judges are appointed, how cases are heard, what powers the court has, and how appeals work. Recent additions like the double jeopardy provisions (retrials after acquittal) and drug treatment orders show the Act evolving to address modern criminal justice challenges."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s present form expands materially beyond a basic statutory creation and constitution of a Supreme Court. New or clarified functions and jurisdictions have been added since the original 1933 instrument: a dedicated Court of Appeal and detailed appellate procedure (pt 2A, s 37E et seq.); statutory regimes permitting retrial of acquitted persons in narrowly defined circumstances and appeal paths based on fresh and compelling evidence (pt 8AA, s 68H–68ZB; pt 8AB, s 68ZC–68ZH); a specialist drug and alcohol treatment order jurisdiction with relaxed evidence rules and case conferencing powers (pt 2AA, s 37SB–37SD); judicial exchange arrangements for temporary transfers of judges (pt 8A, s 69A–69H); and alignment of ACT judges’ remuneration and pension arrangements with Federal Court provisions (pt 2B, s 37U). These additions alter the Act’s substantive scope from purely constitutive provisions to an instrument that also regulates specific trial modes, exceptional retrial procedures, specialised therapeutic jurisdictions and inter‑jurisdictional judicial service."},"complexity_factors":["Large number of Parts and cross‑references to other Territory and Commonwealth Acts (e.g. Magistrates Court Act, Crimes (Sentencing) Act, Judges’ Pensions Act) increasing interpretive work","Multiple specialised jurisdictions and exceptions (Court of Appeal, treatment order jurisdiction, back‑up/related offences, retrial of acquitted persons, fresh and compelling evidence appeals)","Detailed procedural thresholds and tight time limits (e.g. s 68Q, s 68U–68V) that require precise compliance","Substantial judicial and executive discretions (Executive appoints judges and sets selection process s 4, s 4AA; Chief Justice allocates business s 7; courts make \"interests of justice\" assessments s 68P)","Interplay between criminal procedural rules and evidentiary departures (e.g. court not bound by rules of evidence in treatment order matters s 37SC; restricted evidence/admissions at retrials s 68W)","Remuneration and pension provisions that import Commonwealth schemes and require mapping across legal regimes (pt 2B, s 37U)","Publication and confidentiality controls with contempt sanctions (s 68Z) affecting media and third parties","Judicial exchange arrangements that create cross‑jurisdictional status, limits and differing application of local rules (pt 8A, s 69C–69F)","Schedules (e.g. excluded offences) that introduce categorical exclusions requiring cross‑checking with substantive criminal law"],"plain_english_summary":"What this law does, in plain terms\n\n- Sets up and runs the Supreme Court for the Australian Capital Territory (ACT): it establishes the court as a superior court of record and defines who the court consists of (the Chief Justice and other judges) (s 3).\n\n- Tells who can be a judge and how judges are appointed, ranked and replaced: the Executive appoints resident, additional and acting judges by commission and must set selection criteria and the selection process for resident judges (s 4, s 4AA, s 4A, s 4B, s 5). A resident judge must retire at 70 (s 4(3)). The Chief Justice is the senior judge and arranges the court’s business (s 5–7).\n\n- Sets how the court hears matters and who hears them: most matters are heard by a single judge, but some matters are dealt with by a Full Court (three or more judges) or by the Court of Appeal (part 2A). The rules and the Chief Justice can shift particular matters to different benches (s 8, s 10, s 11, s 13, pt 2A (s 37E et seq.)). Full Court and Court of Appeal decision-making rules and bench sizes are specified (s 14, s 37H, s 37K, s 37O).\n\n- Describes the court’s jurisdiction and procedural rules: the court has all original and appellate jurisdiction necessary to administer justice in the Territory and jurisdiction conferred by Territory and Commonwealth law (s 20). Civil trials are by judge without a jury (s 22). The Act directs concurrent administration of law and equity (s 25–34B) and provides for prerogative writs and habeas corpus (s 34B).\n\n- Sets practical rules about court officers and business: the Attorney‑General appoints the registrar, the director‑general appoints the sheriff; registrars administer oaths and exercise powers given to the registrar; deputy registrars and deputy sheriffs act subject to directions (s 46–53). The Chief Justice decides sittings and places where the court sits (s 18).\n\n- Provides for several specific procedural and evidence rules: audiovisual links for custody bail hearings (s 55A); admission of deposition evidence from committal hearings in certain circumstances (s 58A); power for a judge who leaves office to complete part‑heard proceedings (s 60A); limits and procedures on change of venue, seals, transcripts and access to transcripts (s 63, s 64, s 74A).\n\n- Creates the Court of Appeal and defines appeals: the Court of Appeal hears appeals against Supreme Court orders (with enumerated exceptions) and has powers to confirm, reverse or vary orders, set aside verdicts, order new trials and otherwise make orders it considers appropriate (pt 2A, s 37E, s 37O, s 37P). The Court of Appeal’s bench is normally three judges (s 37H).\n\n- Adds subject‑matter jurisdictions and special procedures:\n  - Drug and alcohol treatment order jurisdiction: the Supreme Court may hear and decide all matters relating to treatment orders and may depart from conventional rules of evidence; treatment order judges may convene case conferences with treatment teams (pt 2AA, s 37SB–37SD).\n  - Back‑up and related offences: where an indictable trial occurs in the Supreme Court, the court may deal without a jury with certain related summary or summary‑capable offences on the basis of evidence from the indictable trial (pt 8, s 68CA–68G).\n  - Trial mode and excluded offences: criminal trials are by jury by default (s 68A). An accused may elect judge‑alone trial for non‑excluded offences subject to procedural requirements and certificate from a lawyer (s 68B–68C); schedule 2 lists excluded offences where judge‑alone election is not permitted.\n\n- Modifies double jeopardy and creates retrial and appeal pathways in limited circumstances: Part 8AA allows the Crown (through the Director of Public Prosecutions) to apply to the Court of Appeal for retrial of a person previously acquitted if strict conditions are met. The Act defines categories of offences (category A—life; category B—life or 15 years+), what counts as fresh and compelling evidence, what makes an acquittal \"tainted\", and sets procedural limits, timeframes and safeguards (s 68H–68ZB). It expressly abrogates double jeopardy to the limited extent needed for the Part (s 68H(3)).\n\n- Provides an appeal route for convicted persons where fresh and compelling evidence exists: Part 8AB permits a convicted person to apply for leave to appeal on the basis of fresh and compelling evidence; the Court of Appeal may grant leave and, if convinced there has been a substantial miscarriage of justice, quash conviction and order acquittal or a new trial (pt 8AB, s 68ZC–68ZH).\n\n- Allows temporary judicial exchanges with corresponding courts in other jurisdictions and sets the procedures and limits for transfers and service (pt 8A, s 69A–69H).\n\n- Sets judges’ pay and related entitlements: resident judges are entitled to the same remuneration, allowances and certain entitlements as Federal Court judges; various Commonwealth judges’ pensions and long‑leave Acts are applied as far as practicable (pt 2B, s 37T–37U). The Territory indemnifies judges against superannuation surcharge notices in specified cases (s 37UA). Dual appointments rules limit double payment but allow topping up or superior entitlements to be provided in certain circumstances (s 37W, s 37X).\n\nWho pays, who decides, and what changes in behaviour the Act causes\n\n- Who pays: the public money of the Territory funds judicial remuneration and allowances (s 37X(2)). The Territory must indemnify judges for superannuation surcharge liabilities in stated circumstances (s 37UA(2)–(3)). If the court orders an acquitted person’s costs to be indemnified under Part 8AA, the Territory must indemnify those costs to the extent assessed as reasonably incurred (s 68ZB).\n\n- Who decides: the Executive appoints judges by commission (s 4) and must set selection criteria and process for resident judges (s 4AA). The Chief Justice determines allocation of business and may make arrangements about which judge(s) hear particular matters (s 7). The Director of Public Prosecutions brings applications for retrials under Part 8AA (s 68M–68O). The court exercises broad discretionary powers across the Act (for example, making \"interests of justice\" assessments (s 68P), convening case conferences (s 37SD), and ordering Full Court hearings (s 13)).\n\n- Behavioural and compliance effects:\n  - Prosecutors: must follow strict procedural steps and time limits when seeking retrials or indictments after retrial orders (e.g. filing limits at s 68U–68V, criteria at s 68M–68O). They must not inform a jury of certain prior judicial findings made when ordering a retrial (s 68W).\n  - Accused persons: may choose judge‑alone trial for non‑excluded offences, but must follow election rules and produce a legal practitioner’s certificate (s 68B). An acquitted person may face retrial only under limited criteria (s 68M–68O) and subject to publication restrictions (s 68Z).\n  - Media and third parties: subject to a prohibition on publishing material that identifies an acquitted person in certain retrial contexts, unless a court authorises publication (s 68Z). Breach is contempt of court.\n  - Court administration: the registrar controls custody and supply of transcripts and limits access to parties or those with good reason (s 74A).\n\nStated purpose claims in the Act and the mechanisms they create (and practical trade‑offs)\n\n- Purpose claim (express in the Act): provide limited exceptions to double jeopardy so the Crown can appeal and, where criteria are met, obtain retrials or trials for administration‑of‑justice offences (s 68H(3), s 68M–68O).\n  - Mechanism: strict statutory definitions (fresh and compelling evidence s 68K, tainted acquittal s 68L), Crown‑initiated applications to the Court of Appeal (s 68M–68O), procedural limits (single application per acquittal s 68R, time limits s 68Q, s 68S), and publication restrictions (s 68Z).\n  - Trade‑offs and risks: the law concentrates the ability to seek retrials in prosecutorial hands (DPP applications) and places time and evidentiary thresholds on reopening acquittals. The Act imposes disclosure and timing burdens on prosecutors (s 68U–68V) while granting courts broad \"interests of justice\" discretion (s 68P). The Act also imposes publication limits that affect media reporting and practice (s 68Z).\n\n- Purpose claim (express in the Act): deliver specialist treatment and supervision case management for offenders subject to drug and alcohol treatment orders (pt 2AA, s 37SB–37SD).\n  - Mechanism: court jurisdiction over treatment orders and power to convene multidisciplinary case conferences and to be not bound by ordinary rules of evidence (s 37SB–37SD).\n  - Trade‑offs and risks: these provisions give the court flexible, informally evidence‑driven procedures (s 37SC) and enable coordination between judicial and treatment teams (s 37SD). That increases non‑adversarial coordination but relies on inter‑agency cooperation and may shift some evidentiary and procedural norms.\n\n- Purpose claim (implied by provisions): align ACT judges’ remuneration and entitlements with the Federal Court and preserve pension arrangements (pt 2B, s 37U, s 37UA).\n  - Mechanism: cross‑reference to Federal Court remuneration and application, where possible, of Commonwealth pension and long‑leave Acts (s 37U(2)–(6)); explicit appropriation of public money for judges’ pay (s 37X(2)).\n  - Trade‑offs and budgeting effects: establishing parity ties the Territory’s cost base for judicial salaries and some pension outcomes to Federal Court rates and Commonwealth statutory schemes (s 37U). The Territory bears indemnity and appropriation obligations (s 37UA, s 37X).\n\nImplementation and compliance friction highlighted by the Act\n\n- Multiple cross‑references to other Commonwealth and Territory laws: the Act routinely depends on definitions and powers in other laws (for example, references to the Magistrates Court Act for depositions (s 58A(2)), to the Crimes (Sentencing) Act for treatment orders (s 37SA), and to Commonwealth pension Acts applied as if territory laws (s 37U(4))). That increases practical complexity for users who must consult multiple instruments.\n\n- Many discretionary decision points: Executive appointments (s 4, s 4AA), Chief Justice arrangements (s 7), \"interests of justice\" assessments for retrials (s 68P), and court directions on procedure after Full Court orders (s 13(4)(b)). The Act leaves substantial room for administrative and judicial judgement.\n\n- Strict procedural timelines and evidentiary thresholds for exceptional measures: retrial and indictment time limits (s 68Q, s 68U–68V), the high test for fresh and compelling evidence (s 68K), and the tainted‑acquittal test (s 68L) create predictable but demanding compliance conditions.\n\nConcise statement of who benefits and who bears costs (mechanically from the text)\n\n- Concentrated benefits: judges receive set pay and entitlements aligned to the Federal Court (s 37U) and the Executive controls appointments and conditions (s 4, s 4AA, s 37V).\n- Concentrated costs/risks: an acquitted individual can be subject to a limited statutory process that may remove the bar of an acquittal if statutory tests are met (pt 8AA, s 68M–68O). The Territory budget bears indemnity and appropriation obligations for salaries, allowances and some indemnities (s 37X, s 37UA).\n\nSummary in a sentence\n\nMechanically, the Act establishes and organises the ACT Supreme Court and its appellate structure, sets appointment, remuneration and procedural rules for judges and court officers, defines special jurisdictions (treatment orders, back‑up offences), and creates carefully circumscribed statutory pathways and safeguards for retrial or appeal in limited post‑acquittal and fresh‑evidence circumstances — while allocating decision‑making powers to the Executive, the Chief Justice and the courts and assigning funding and indemnity responsibilities to the Territory (see s 3; s 4, s 4AA; pt 2A s 37E; pt 2B s 37U; pt 8AA s 68H–68ZB)."}},"importantCases":[],"_links":{"self":"/api/acts/supreme-court-act-1933","history":"/api/acts/supreme-court-act-1933/history","analysis":"/api/acts/supreme-court-act-1933/analysis","conflicts":"/api/acts/supreme-court-act-1933/conflicts","importantCases":"/api/acts/supreme-court-act-1933/important-cases","documents":"/api/acts/supreme-court-act-1933/documents"}}