Federal Register of Legislation - Australian Government

Primary content

Judiciary Act 1915

Authoritative Version
  • - C1915A00004
  • In force - Latest Version
Act No. 4 of 1915 as made
An Act to amend the Judiciary Act 1903-1914.
Administered by: Attorney-General's
Date of Assent 01 May 1915

 

JUDICIARY.

 

No. 4 of 1915.

An Act to amend the Judiciary Act 1903-1914.

[Assented to 1st May, 1915.]

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, citation, and duration.

1.—(1.)   This Act may be cited as the Judiciary Act 1915.

(2.)  The Judiciary Act 1903-1914 is in this Act referred to as the Principal Act.

(3.)  The Principal Act as amended by this Act may be cited as the Judiciary Act 1903-1915.

(4.)  This Act shall remain in operation during the present war, and for six months thereafter, and no longer.

Original jurisdiction conferred on High Court

2.   Section thirty of the Principal Act is amended by omitting therefrom all words from and including the words “original jurisdiction in all matters”, and inserting in their stead the words “original jurisdiction—

(a) in all matters arising under the Constitution or involving its interpretation ;

(b) in all matters of Admiralty or maritime jurisdiction; and

(c) in trials of indictable offences against the laws of the Commonwealth.”


 

3.   After section seventy-one of the Principal Act the following section is inserted:—

Trial of Indictable offence without preliminary examination.

“71a.—(1.) Notwithstanding anything contained in this Part, or any provision of any State law, the Attorney-General of the Commonwealth may file an indictment for any indictable offence against the laws of the Commonwealth in the High Court or the Supreme Court of a State, without examination or commitment for trial.

“(2.)   Upon an indictment being so filed, the Court or a Justice or Judge thereof, may cause a summons to be issued to the defendant to appear at the time and place mentioned in the summons there to answer the charge mentioned in the indictment, or may issue a warrant for his arrest, and may hold him in custody or admit him to bail.”

Amendment of s. 72

4.   Section seventy-two of the Principal Act is amended by inserting in sub-section (1.) after the words “High Court or” the words “if the trial was had in a Court of a State.”