Commonwealth act

Judiciary (Diplomatic Representation) Act 1942

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Act Number

2 of 1942

Collection

act

Plain English Summary

1/10 complexity

This Act creates a specific, one-person exception for Justice Owen Dixon of the High Court of Australia.

Normally, Australian law prevents High Court judges from holding other offices while serving on the bench. This Act overrides that rule—but only for Justice Dixon—allowing him to simultaneously serve as Australia’s senior diplomat (Envoy Extraordinary and Minister Plenipotentiary) in the United States.

Key points:

Who it affects: Only Justice Owen Dixon (named explicitly in the legislation)
What it allows: Holding two offices at once—High Court Justice and Ambassador/Minister to the USA
Practical effect: His time working in Washington counts as judicial service for all purposes (protecting his tenure, salary, and pension rights as a judge)
Legal mechanism: It specifically overrides the Judiciary Act 1903-1940, which contains the usual prohibition on judges holding other offices

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Current sections

Direct links to the current provisions in Judiciary (Diplomatic Representation) Act 1942.

Judiciary (Diplomatic Representation) Act 1942

JUDICIARY (DIPLOMATIC REPRESENTATION).

No. 2 of 1942.

An Act to enable a Justice of the High Court to accept and hold a certain Office.

[Assented to 8th May, 1942.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

This Act may be cited as the Judiciary (Diplomatic Representation) Act 1942.

Commencement.

This Act shall come into operation on the day on which it receives the Royal Assent.

Authority to accept and hold certain office.

Notwithstanding anything contained in the Judiciary Act 1903-1940, if His Majesty shall see fit to appoint the Honourable Owen Dixon to be Envoy Extraordinary and Minister Plenipotentiary for the Commonwealth of Australia in the United States of America, he may accept that appointment and hold the same as well as the office of a Justice of the High Court of Australia and his service as Envoy Extraordinary and Minister Plenipotentiary for the Commonwealth of Australia in the United States of America shall for all purposes count as service in the office of a Justice.

Source text

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

1 Judiciary (Diplomatic Representation) Act 1942