Federal Register of Legislation - Australian Government

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Judiciary Act 1910

Authoritative Version
  • - C1910A00034
  • No longer in force
Act No. 34 of 1910 as made
An Act to amend the Judiciary Act 1903-1907.
Date of Assent 01 Dec 1910
Date of repeal 24 Jun 2014
Repealed by Amending Acts 1901 to 1969 Repeal Act 2014



No. 34 of 1910.

An Act to amend the Judiciary Act 1903–1907.

[Assented to 1st December, 1910.]

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 and citation.

1.(1.)     This Act may be cited as the Judiciary Act 1910.

(2.)  The Judiciary Act 1903–1907, as amended by this Act, may be cited as the Judiciary Act 1903–1910.

Amendment of Section 1 of Principal Act.

2.  Section one of the Judiciary Act 1903–1907 is amended by adding at the end thereof the words:—“Part XII.—Reference of Constitutional Questions, ss. 83–94.”

3.  The Judiciary Act 1903-1907 is amended by adding after section eighty-seven thereof the following Part:—

“Part XII.—Reference of Constitutional Questions.

Jurisdiction of High Court as to constitutional questions referred by the Governor-General.

Cf. Canada, 54–5

Vic. c. 25, s. 4.

“88. Whenever the Governor-General refers to the High Court for hearing and determination any question of law as to the validity of any Act or enactment of the Parliament the High Court shall have jurisdiction to hear and determine the matter.

“89. The matter shall be heard and determined by a Full Court consisting of all the Justices:

Hearing and determination of the matter.

Provided that if any of the Justices are absent from the Commonwealth or incapacitated by illness the matter may be heard and determined by all the other Justices.

Notification to State Attorney-General.

“90. The Attorney-General of each State shall be notified of the hearing of the matter and be entitled to appear or be represented at the hearing.

Power to direct that persons interested be notified.

“91. The High Court or a Justice may direct that any person or class of persons or association claiming to be interested in the matter shall be notified of the hearing of the matter and be entitled to appear or be represented at the hearing.


Power to request counsel to argue as to any interest not represented.

“92. The Court may request any counsel to argue the matter as to any interest which in the opinion of the Court is affected and as to which counsel does not appear; and the reasonable expenses thereby occasioned shall be paid by the Commonwealth out of moneys to be appropriated by the Parliament.

Determination of Court to be final.

“93. The determination of the Court upon the matter shall be final and conclusive and not subject to any appeal.

Rules of Court.

“94. The Justices of the High Court or a majority of them may make Rules of Court for carrying this Part of this Act into effect and in particular for regulating the procedure in relation to any matter referred to the High Court in accordance with this Part of this Act.”