Commonwealth legislation

Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Commencement Proclamation 2013

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

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This document is a formal commencement proclamation — a legal instrument that switches on sections of an Act that Parliament has already passed.

Specifically, it activated sections 3 to 83 of the Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 on 12 April 2013.

What this means:

The underlying Act creates a process where Parliament can set up commissions to investigate federal judges accused of serious misbehaviour or incapacity (inability to perform their duties).
This proclamation simply flicked the switch to make those investigation powers operational.
Until this proclamation was made, those sections were dormant — written into law but not yet enforceable.

Who is affected:

Federal judges (High Court, Federal Court, Family Court, etc.) — because they became subject to the new investigation framework from this date.
The Attorney-General and Parliament — who gained the power to establish these investigative commissions.

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Current sections

Direct links to the current provisions in Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Commencement Proclamation 2013.

Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Commencement Proclamation 2013

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Commonwealth Coat of Arms

Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Commencement Proclamation 2013

I, Professor Marie Bashir AC CVO, Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under item 2 of the table in subsection 2(1) of the Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012, fix 12 April 2013 as the day on which sections 3 to 83 of that Act commence.

Signed and sealed with the Great Seal of Australia on 11 April 2013

Marie Bashir

Administrator

By Her Excellency’s Command

Mark Dreyfus QC

Attorney‑General

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

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Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Commencement Proclamation 2013

Signed and sealed with the Great Seal of Australia on 11 April 2013

Marie Bashir

Administrator

By Her Excellency’s Command

Mark Dreyfus QC

Attorney‑General