37SReference appeal in relation to proceeding

37S Reference appeal in relation to proceeding (1) This section applies if a person has been charged on indictment in the court and the proceeding in relation to all or any part of the indictment has concluded. Note Indictment includes information (see Legislation Act, dict, pt 1). (2) The Court of Appeal may, on application by the Attorney-General, solicitor-general or the director of public prosecutions (the applicant), hear and decide (by a reference appeal) any question of law arising at or in relation to the proceeding. (3) An application must be made within 6 weeks after the end of the proceeding, or within any longer period allowed by the Court of Appeal. (4) Either or both of the following people (an interested party) may be heard in the reference appeal: (a) a person charged in the proceeding; (b) a person affected by any decision in the proceeding. (5) If an interested party is not represented in the appeal, the applicant must instruct counsel to argue the reference appeal on the party’s behalf. (6) The decision on the reference appeal does not invalidate or affect any verdict or decision given in the proceeding. Part 2AA Drug and alcohol treatment order jurisdiction Part 2AA Drug and alcohol treatment order jurisdiction 37SA Definitions—pt 2AA drug and alcohol treatment order—see the Crimes (Sentencing) Act 2005, section 12A. member— (a) in relation to the treatment and supervision team—see the Crimes (Sentencing) Act 2005, section 80M; and (b) in relation to the treatment order team—see the Crimes (Sentencing) Act 2005, section 80M. treatment and supervision team—see the Crimes (Sentencing) Act 2005, section 80M. treatment order judge means a judge exercising the jurisdiction of the court under this part. treatment order team—see the Crimes (Sentencing) Act 2005, 37SB Drug and alcohol treatment order jurisdiction (1) The court has jurisdiction under this part to hear and decide all matters relating to a drug and alcohol treatment order in relation to an offender. (2) Without limiting subsection (1), a matter relating to an offender’s drug and alcohol treatment order includes the following: (a) the making of the order; (b) the conditions of the order; (c) an amendment of the order; Drug and alcohol treatment order jurisdiction Part 2AA (d) the offender’s compliance with the order; (e) the cancellation or suspension of the order; (f) any matter reasonably necessary for the proper administration, operation of, or compliance with, the order. 37SC Court not bound by rules of evidence When exercising its jurisdiction under this part, the court is not bound by the rules of evidence and may inform itself of anything in a manner it thinks appropriate. 37SD Treatment order judge may convene case conference (1) The treatment order judge may, from time to time, convene a case conference with the treatment order team or the treatment and supervision team in relation to any matter relating to a drug and alcohol treatment order, including the following: (a) the making, amending or cancelling the order; (b) giving directions that are reasonably necessary to achieve the object of the order; (c) consulting with other members of the treatment and supervision team or members of the treatment order team; (d) monitoring the progress of the offender subject to the order; (e) managing the work of the court in relation to drug and alcohol treatment orders. (2) It is not a requirement of a case conference under this section that the offender or the offender’s lawyer be present unless the court directs otherwise. Part 2B Remuneration, allowances and other entitlements of judges 37T Meaning of entitlements entitlements means a benefit other than remuneration or allowances. 37U Resident judges (1) This section applies to a person (other than a person to whom the A.C.T. Self-Government (Consequential Provisions) Act 1988 (Cwlth), section 29A (2) applies) who is appointed as a resident (2) A person to whom this section applies is entitled to the same remuneration, allowances and entitlements as a judge of the Federal Court is entitled to from time to time. (3) However, subsection (2) is subject to the following provisions: (a) subsections (4) to (6); (b) section 37UA (Indemnity for superannuation surcharge levy); (c) section 37UB (Salary of former President). (4) For subsection (2), the Judges’ Pensions Act 1968 (Cwlth) and the Judges (Long Leave Payments) Act 1979 (Cwlth) apply in relation to a person to whom this section applies, to the extent to which they are capable of being applied, as if— (a) those Acts were territory laws; and (b) the person had been a judge of the Federal Court immediately before the person died or retired, had been appointed to that court when appointed as a resident judge and had served as a judge of that court for a period equal to the period of the person’s service as a resident judge; and Remuneration, allowances and other entitlements of judges Part 2B (c) the Judges’ Pensions Act 1968 (Cwlth), section 6A applied to the person, and section 6B did not apply to the person, whether or not the person’s surcharge debt account (if any) is in debit when a pension becomes payable to the person; and (d) a reference to the Attorney-General of the Commonwealth were a reference to the Attorney-General; and (e) a reference to the Governor-General of the Commonwealth were a reference to the Executive; and (f) a reference to the Constitution, section 72 were a reference to the Judicial Commissions Act 1994, section 5; and (g) a reference to the Consolidated Revenue Fund were a reference to the public money of the Territory; and (h) a reference to the administrative review tribunal of the Commonwealth were a reference to the ACAT; and (i) a reference in the Judges’ Pensions Act 1968 (Cwlth) to a marital relationship included a reference to a relationship between 2 people of the same sex, subject otherwise to that Act, section 4AB (Marital relationship); and (j) a reference in the Judges (Long Leave Payments) Act 1979 (Cwlth) to a widow or widower of a judge who has died included a reference to anyone else who was the domestic partner of the judge when the judge died; and (k) all other necessary changes, and any changes prescribed by regulation, were made. Note 1 A reference to a Cwlth Act includes a reference to the Act as originally made and as amended (see Legislation Act, s 102). Note 2 For the meaning of domestic partner, see the Legislation Act, s 169. (5) To remove any doubt, for the application of the Judges’ Pensions Act 1968 (Cwlth) to a person to whom this section applies, a reference in that Act to the appropriate current judicial salary in relation to the person is— (a) for a person who was Chief Justice—a reference to salary at the rate that would be payable to the person as Chief Justice if the person had not died or retired; and (b) for a person who was President—a reference to salary at the rate that would be payable to the person as President if the person had not died or retired; and (c) for a person who was appointed to an office that has been abolished—a reference to the amount determined by the Minister to be reasonable having regard to the rate of salary payable— (i) for the office before it was abolished; and (ii) for other offices under this part. (6) For subsection (5), salary includes salary (however described) payable under a determination of the remuneration tribunal. (7) A determination made under subsection (5) (c)— (a) is a notifiable instrument; and (b) for the first determination made in relation to the holder of the abolished office—takes effect on, unless otherwise stated in the determination, the day immediately after the office is abolished. 37UA Indemnity for superannuation surcharge levy (1) This section applies if— (a) a judge or other person is entitled to be paid a pension under this Act; and Remuneration, allowances and other entitlements of judges Part 2B (b) the commissioner of taxation has notified the judge or other person that the judge or other person is liable to pay the amount of superannuation contributions surcharge stated in the notice; and (c) the superannuation contributions surcharge relates to surchargeable contributions made in relation to the judge. (2) The Territory must indemnify the judge or other person against the liability to pay the amount stated in the notice. (3) The public money of the Territory is appropriated to the extent necessary for payment of the amount indemnified. (4) A term used in this section that is defined in the Superannuation Contributions Tax (Assessment and Collection) Act 1997 (Cwlth) has the same meaning in this section.