Sch 3ACT and corresponding courts

Schedule 3 ACT and corresponding courts (see s 69A, defs ACT court and corresponding court) item ACT court corresponding court 1 Supreme Court Federal Court of Australia Supreme Court of any State (other than Queensland) Note State includes the Northern Territory (see Legislation Act, dict, pt 1). (see s 2) Note The Legislation Act contains definitions relevant to this Act. For example: • ACAT • Criminal Code • director of public prosecutions • exercise • function • legal practitioner • may (see s 146) • month • must (see s 146) • indictable offence (see s 190) • indictment • police officer • proceeding • public servant • territory law • the Territory. acquittal, for part 8AA (Acquittals)—see section 68J. acting judge means an acting judge appointed under section 4B. additional judge means a judge appointed under section 4A. administration of justice offence, for part 8AA (Acquittals)—see section 68I. another jurisdiction, for part 8AA (Acquittals)—see section 68I. back-up offence, in relation to an indictable offence––for part 8 (Back-up and related offences)––see section 68CA. category A offence, for part 8AA (Acquittals)—see section 68I. category B offence, for part 8AA (Acquittals)—see section 68I. cause includes any suit, and also includes criminal proceedings. Chief Justice means the Chief Justice of the Supreme Court, and includes a judge acting as Chief Justice. compelling, evidence— (a) for part 8AA (Acquittals)—see section 68K; and (b) for part 8AB (Appeals against conviction for fresh and compelling evidence)—see section 68ZE (3). convicted person, for part 8AB (Appeals against conviction for fresh and compelling evidence)—see section 68ZC (1). court— (a) for this Act generally—means the Supreme Court; and (b) for part 8AA (Acquittals)—see section 68I; and (c) for part 8AB (Appeals against conviction for fresh and compelling evidence)—see section 68ZD. Court of Appeal means the Supreme Court constituted as a Court of Appeal under part 2A (Court of Appeal). criminal proceedings means proceedings in the court for the prosecution of a person on indictment. defendant includes any person against whom any relief is sought in a matter or who is required to attend the proceedings in a matter as a party. deputy registrar means a deputy registrar of the court. deputy sheriff means a deputy sheriff of the Territory. drug and alcohol treatment order, for part 2AA (Drug and alcohol treatment order jurisdiction)—see the Crimes (Sentencing) Act 2005, section 12A. entitlements, for part 2B (Remuneration, allowances and other entitlements of judges)—see section 37T. fresh, evidence— (a) for part 8AA (Acquittals)—see section 68K; and (b) for part 8AB (Appeals against conviction for fresh and compelling evidence)—see section 68ZE (1). Full Court means the court constituted by not less than 3 judges sitting together. judge means a resident judge, additional judge or acting judge. judgment includes an order or sentence. Judicature Act means the Supreme Court of Judicature Act 1873 (36 & 37 Vic c 66) (UK). matter includes any proceeding in the Supreme Court, whether between parties or not, and also any incidental proceeding in a cause or matter. member, for part 2AA (Drug and alcohol treatment order jurisdiction)— (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. order includes a judgment, decree, direction or decision. plaintiff includes any person seeking any relief against any other person by any form of proceeding in a court. pre-Judicature Act proceedings means proceedings in the English Court of Chancery immediately before the commencement of the Judicature Act. process of the court includes a writ, summons, order, warrant and precept issued by the court. registrar means the Registrar of the court. related offence, in relation to an indictable offence––for part 8 (Back- up and related offences)––see section 68CA. resident judge means the Chief Justice or another judge appointed under section 4, and includes the judges (other than additional judges) who continue to hold office under the A.C.T. Self-Government (Consequential Provisions) Act 1988 (Cwlth), section 29A. rules means rules under the Court Procedures Act 2004 applying in relation to the court. sheriff means the Sheriff of the Territory. suit includes any action or original proceeding between parties of a civil nature. tainted, acquittal, for part 8AA (Acquittals)—see section 68L. treatment and supervision team, for part 2AA (Drug and alcohol treatment order jurisdiction)—see the Crimes (Sentencing) Act 2005, treatment order, for part 2AA (Drug and alcohol treatment order jurisdiction)—see the Crimes (Sentencing) Act 2005, dictionary. treatment order judge, for part 2AA (Drug and alcohol treatment order jurisdiction)—see section 37SA. treatment order team, for part 2AA (Drug and alcohol treatment order jurisdiction)—see the Crimes (Sentencing) Act 2005, 1 About the endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired This Act was originally a Commonwealth Act—the Seat of Government Supreme Court Act 1933 A1933-34 (Cwlth). It was renamed the Australian Capital Territory Supreme Court Act 1933 by the Statute Law Revision Act 1950 (Cwlth). It was later renamed the Supreme Court Act 1933 by the A.C.T. Supreme Court (Transfer) Act 1992 (Cwlth). The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (2) converted some Commonwealth Acts in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 1 July 1992 under the Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (3). Legislation before becoming Territory enactment Supreme Court Act 1933 A1933-34 assented to 9 December 1933 commenced 1 January 1934 (s 3) as amended by Seat of Government Supreme Court Act 1935 No 27 (Cwlth) assented to 13 April 1935 commenced 13 April 1935 Seat of Government Supreme Court Act 1945 No 57 (Cwlth) assented to 19 October 1945 commenced 19 October 1945 (s 2) Salaries (Statutory Offices) Adjustment Act 1947 No 52 (Cwlth) sch 1 assented to 1 November 1947 commenced 1 November 1947 (s 2 (1)) Judges’ Pensions Act 1948 No 65 (Cwlth) sch assented to 9 December 1948 commenced 9 December 1948 (s 2) Salaries (Statutory Offices) Adjustment Act 1950 No 51 (Cwlth) sch 1 assented to 14 December 1950 commenced 1 July 1950 (s 2) Statute Law Revision Act 1950 No 80 (Cwlth) sch 1 assented to 16 December 1950 commenced 31 December 1950 (s 2) Judges’ Remuneration Act 1955 No 17 (Cwlth) sch 1 assented to 9 June 1955 commenced 1 January 1955 (s 2) Australian Capital Territory Supreme Court Act 1955 No 36 (Cwlth) assented to 16 June 1955 commenced 14 July 1955 Australian Capital Territory Supreme Court Act 1956 No 47 (Cwlth) assented to 30 June 1956 commenced 14 August 1956 (s 2 and Cwlth Gaz 1956 p 2489) Australian Capital Territory Supreme Court Act 1957 No 34 (Cwlth) assented to 7 June 1957 commenced 5 July 1957 Australian Capital Territory Supreme Court Act 1958 No 43 (Cwlth) assented to 29 September 1958 commenced 29 September 1958 (s 2) Australian Capital Territory Supreme Court Act 1959 No 51 (Cwlth) assented to 22 May 1959 commenced 22 May 1959 (s 2) Judges’ Remuneration Act 1960 No 110 (Cwlth) sch 1 assented to 16 December 1960 commenced 1 October 1960 (s 2) Australian Capital Territory Supreme Court Act 1964 No 109 (Cwlth) (as am by Act 1973 No 216 (Cwlth) sch 1) assented to 20 November 1964 s 5 commenced 27 October 1960 (s 2 (2)) remainder commenced on assent (s 2 (1)) Judges’ Remuneration Act 1965 No 92 (Cwlth) sch 1 assented to 4 December 1965 amdt commenced 1 July 1965 (s 2) Australian Capital Territory Supreme Court Act 1966 No 8 (Cwlth) assented to 3 May 1966 commenced 31 May 1966 Statute Law Revision (Decimal Currency) Act 1966 No 93 (Cwlth) assented to 29 October 1966 amdts commenced 1 December 1966 (s 2 (1)) Australian Capital Territory Supreme Court Act 1968 No 156 (Cwlth) assented to 10 December 1968 commenced 10 December 1968 (s 2) Judges’ Remuneration Act 1969 No 40 (Cwlth) sch 1 assented to 14 June 1969 commenced 14 June 1969 (s 2) Australian Capital Territory Supreme Court Act 1971 No 13 (Cwlth) assented to 5 April 1971 commenced 5 April 1971 (s 2) Australian Capital Territory Supreme Court Act (No 2) 1971 No 98 (Cwlth) assented to 17 November 1971 commenced 17 November 1971 (s 2) Statute Law Revision Act 1973 No 216 (Cwlth) sch 1 assented to 19 December 1973 commenced 31 December 1973 (s 2) Australian Capital Territory Supreme Court Amendment Act 1976 No 158 (Cwlth) assented to 9 December 1976 s 12, s 14 commenced 1 February 1977 (s 2 (2) and Cwlth Gaz 1977 No S3) remainder commenced on assent (s 2 (1)) Australian Capital Territory Supreme Court Amendment Act 1978 No 3 (Cwlth) assented to 20 March 1978 commenced 1 April 1980 (s 2 and Cwlth Gaz 1980 No S65) Statute Law Revision Act 1981 No 61 (Cwlth) sch 1 (as am by 1982 No 26 (Cwlth) s 217) assented to 12 June 1981 amdts commenced 12 June 1981 (2 (1)) Companies (Miscellaneous Amendments) Act 1981 No 92 (Cwlth) pt 5 assented to 18 June 1981 s 1, s 2 commenced on assent pt 5 commenced 1 July 1982 (s 2 (3) and Cwlth Gaz 1982 No S124) Statute Law (Miscellaneous Amendments) Act 1981 No 176 (Cwlth) pt 6 (as am by 1982 No 80 (Cwlth) s 14) assented to 2 December 1981 pt 6 commenced 30 December 1981 (s 2 (12)) Statute Law (Miscellaneous Amendments) Act (No 1) 1982 No 26 (Cwlth) pt 8 assented to 7 May 1982 pt 8 commenced 7 May 1982 (s 2 (1)) Statute Law (Miscellaneous Provisions) Act (No 2) 1983 No 91 (Cwlth) assented to 22 November 1983 amdt commenced 1 January 1934 (s 2 (4)) Director of Public Prosecutions (Consequential Amendments) Act 1983 No 114 (Cwlth) s 4 assented to 14 December 1983 s 4 commenced 5 March 1984 (s 2 (1) and Cwlth Gaz 1984 No S55) Statute Law (Miscellaneous Provisions) Act (No 1) 1985 No 65 (Cwlth) assented to 5 June 1985 amdt commenced 3 July 1985 (s 2 (1)) Statute Law (Miscellaneous Provisions) Act (No 2) 1986 No 168 (Cwlth) sch 1 assented to 18 December 1986 amdt commenced 18 December 1986 (s 2 (1)) Statute Law (Miscellaneous Provisions) Act 1988 No 38 (Cwlth) sch 1 assented to 3 June 1988 amdts commenced 9 November 1988 (s 2 (3) and Cwlth Gaz 1988 No S348) Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988 No 99 (Cwlth) sch assented to 2 December 1988 commenced 2 December 1988 (s 2) A.C.T. Self-Government (Consequential Provisions) Act 1988 No 109 (Cwlth) sch assented to 6 December 1988 amdts commenced 11 May 1989 (s 2 (3) and Cwlth Gaz 1989 No S164) as modified by A.C.T. Self-Government (Consequential Provisions) Regulations SR 1989 No 3 (Cwlth) (as am by SR 1989 No 52 (Cwlth), SR 1989 No 188 (Cwlth) and Act 1992 No 49 (Cwlth) s 16) notified 25 January 1989 mod s 28 (1) commenced 11 May 1989 (SR 1989 No 52 s 2 (1)) remainder commenced 1 July 1990 (SR 1989 No 52 s 2 (2)) mod ended 1 July 1992 as amended by Law and Justice Legislation Amendment Act 1990 No 115 (Cwlth) sch assented to 21 December 1990 amdt commenced 21 December 1990 (s 2 (1)) Law and Justice Legislation Amendment Act 1991 No 136 (Cwlth) sch assented to 12 September 1991 amdt commenced 10 October 1991 A.C.T. Supreme Court (Transfer) Act 1992 No 49 (Cwlth) s 14, sch 1 assented to 17 June 1992 amdts commenced 1 July 1992 (s 2) Legislation after becoming Territory enactment Supreme Court (Amendment) Act 1993 A1993-59 notified 6 September 1993 (Gaz 1993 No S172) commenced 6 September 1993 (s 2) Supreme Court (Amendment) Act (No 2) 1993 A1993-91 notified 17 December 1993 (Gaz 1993 No S258) commenced 17 December 1993 (s 2) Legal Practitioners (Amendment) Act 1993 A1993-94 s 45 notified 24 December 1993 (Gaz 1993 No S267) commenced 24 December 1993 (s 2) Supreme Court (Amendment) Act 1994 A1994-3 notified 14 March 1994 (Gaz 1993 No S44) commenced 14 March 1994 (s 2) Judicial Commissions (Consequential Amendments) Act 1994 A1994-10 s 11 notified 14 March 1994 (Gaz 1994 No S44) commenced 14 March 1994 (s 2) Public Sector Management (Consequential and Transitional Provisions) Act 1994 A1994-38 sch 1 pt 75 notified 30 June 1994 (Gaz 1994 No S121) s 1, s 2 commenced 30 June 1994 (s 2 (1)) sch 1 pt 75 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142) Mental Health (Consequential Provisions) Act 1994 A1994-45 sch notified 7 September 1994 (Gaz 1994 No S177) s 1, s 2 commenced 7 September 1994 (s 2 (1)) sch commenced 6 February 1995 (s 2 (2) and see Gaz 1995 No S33) Administrative Appeals (Consequential Amendments) Act 1994 A1994-60 sch 1 notified 11 October 1994 (Gaz 1994 No S197) s 1, s 2 commenced 11 October 1994 (s 2 (1)) sch 1 commenced 14 Nov 1994 (s 2 (2) and see Gaz 1994 No S250) Statute Law Revision Act 1995 A1995-46 sch notified 18 December 1995 (Gaz 1995 No S306) amdts commenced 18 December 1995 (s 2) Financial Management and Audit (Consequential and Transitional Provisions) Act 1996 A1996-26 sch pt 34 notified 1 July 1996 (Gaz 1996 No S130) commenced 1 July 1996 (s 2) Remuneration Tribunal (Consequential Amendments) Act 1997 A1997-41 sch 1 (as am by A2002-49 amdt 3.222) notified 19 September 1997 (Gaz 1997 No S264) commenced 24 September 1997 (s 2 as am by A2002-49 amdt 3.222) Coroners (Consequential Provisions) Act 1997 A1997-58 sch 1 notified 9 October 1997 (Gaz 1997 No S300) commenced 9 October 1997 (s 2) Juries (Amendment) Act 1997 A1997-83 s 34 notified 25 November 1997 (Gaz 1997 No S360) s 34 commenced 25 November 1997 (s 2 (1)) Legal Practitioners (Consequential Amendments) Act 1997 A1997-96 notified 1 December 1997 (Gaz 1997 No S380) s 1, s 2 commenced 1 December 1997 (s 2 (1)) sch 1 commenced 1 June 1998 (s 2 (2)) Supreme Court (Amendment) Act 1998 A1998-6 notified 25 May 1998 (Gaz 1998 No S150) commenced 25 May 1998 (s 2) Supreme Court (Amendment) Act (No 2) 1998 A1998-72 notified 23 December 1998 (Gaz 1998 No S212) s 4, s 5 and s 7 taken to have commenced 29 September 1997 (s 2 (2)) remainder commenced 23 December 1998 (s 2 (1)) Courts and Tribunals (Audio Visual and Audio Linking) Act 1999 A1999-22 pt 14 notified 14 April 1999 (Gaz 1999 No S16) s 1, s 2 commenced 14 April 1999 (s 2 (1)) pt 14 commenced 1 September 1999 (s 2 and Gaz 1999 No 35) Children and Young People (Consequential Amendments) Act 1999 A1999-64 sch 2 notified 10 November 1999 (Gaz 1999 No 45) s 1, s 2 commenced 10 November 1999 (s 2 (1)) sch 2 commenced 10 May 2000 (s 2 (2)) Law Reform (Miscellaneous Provisions) Act 1999 A1999-66 sch 3 notified 10 November 1999 (Gaz 1999 No 45) commenced 10 November 1999 (s 2) Victims of Crime (Financial Assistance) (Amendment) Act 1999 A1999-91 sch 2 notified 23 December 1999 (Gaz 1999 No S65) s 1, s 2 commenced 23 December 1999 (IA s 10B) sch 2 commenced 24 December 1999 (s 2 (2) and Gaz 1999 No S69) Justice and Community Safety Legislation Amendment Act 2000 A2000-1 sch notified 9 March 2000 (Gaz 2000 No 10) amdts commenced 9 March 2000 (s 2 (1)) Justice and Community Safety Legislation Amendment Act 2000 (No 3) A2000-17 sch 1 notified 1 June 2000 (Gaz 2000 No 22) commenced 1 June 2000 (s 2) Supreme Court Amendment Act 2001 A2001-7 notified 8 March 2001 (Gaz 2001 No 10) commenced 8 March 2001 (s 2) Legislation (Consequential Amendments) Act 2001 A2001-44 pt 375 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 375 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Supreme Court Amendment Act 2001 (No 2) 2001 No 54 notified 15 August 2001 (Gaz 2001 No S57) s 1, s 2 commenced 15 August 2001 (IA s 10B) s 3, s 15, sch 1 and sch 2 commenced 15 August 2001 (s 2 (1)) ss 4-12, s 13 (to the extent that it inserts s 37E (1) and 37E (3), s 37F, s 37G, s 37H, s 37I, s 37J, s 37K, s 37L, s 37M, s 37N, s 37O and s 37P) and s 14 commenced 11 September 2001 (Gaz 2001 No S69 and IA s 10C) s 13 to the extent that it inserts s 37E (2) (a) (i) and s 37E (2) (c) commenced 1 October 2001 (Gaz 2001 No S69) remainder commenced 14 October 2002 (s 2 (2) and CN2002-11) Crimes Legislation Amendment Act 2001 A2001-63 pt 11 (as am 2002 No 49 amdt 3.52) notified 10 September 2001 (Gaz 2001 No S66) s 1, s 2 commenced 10 September 2001 (IA s 10B) pt 11 om A2002-49 before commencement Defamation Act 2001 A2001-88 s 43 (3) notified LR 24 September 2001 s 1, s 2 commenced 24 September 2001 (LA s 75) s 43 (3) commenced 1 July 2002 (s 2) Statute Law Amendment Act 2002 A2002-30 pt 3.80 notified LR 16 September 2002 s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2)) pt 3.80 commenced 17 September 2002 (s 2 (1)) Civil Law (Wrongs) Act 2002 A2002-40 div 3.2.12 notified LR 10 October 2002 s 1, s 2 commenced 10 October 2002 (LA s 75 (1)) div 3.2.12 commenced 1 November 2002 (s 2 (2) and CN2002-13) Statute Law Amendment Act 2002 (No 2) A2002-49 amdt 3.52, amdt 3.222 notified LR 20 December 2002 s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2)) amdt 3.52 commenced 17 January 2003 (s 2 (1)) amdt 3.222 commenced 24 September 1997 (s 2 (3)) Note This Act only amends the Crimes Legislation Amendment Act