Federal Register of Legislation - Australian Government

Primary content

Judiciary Amendment Act 1984

Authoritative Version
  • - C2004A02871
  • No longer in force
Act No. 7 of 1984 as made
An Act to amend the Judiciary Act 1903
Administered by: Attorney-General's
Date of Assent 04 Apr 1984
Date of repeal 10 Dec 2015
Repealed by Amending Acts 1980 to 1989 Repeal Act 2015

1.jpg

Judiciary Amendment Act 1984

No. 7 of 1984

 

An Act to amend the Judiciary Act 1903

[Assented to 4 April 1984]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Judiciary Amendment Act 1984.

(2) The Judiciary Act 19031 is in this Act referred to as the Principal Act.

Commencement

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

3. After Part VII of the Principal Act the following Part is inserted:

“PART VIII—ENFORCEMENT OF CERTAIN ORDERS CONCERNING COURT PROCEEDINGS

Interpretation

“46. In this Part—

‘Australia’ includes the external Territories;


 

‘court’ means a court of Victoria, and includes a Judge of such a court and any Magistrate, Justice of the Peace or Coroner of Victoria;

‘make’, in relation to an order being a direction, includes give;

‘order’ includes a direction;

‘proceedings’ means criminal proceedings arising out of, or in any way relating to, the incident that occurred at the Sheraton Hotel in Melbourne on the night of 30 November 1983 involving the Australian Secret Intelligence Service.

Application

“47. This Part applies to and in relation to—

(a) all natural persons, whether resident in Australia or not and whether Australian citizens or not; and

(b) all bodies corporate, whether incorporated in Australia or not,

and extends to acts done or omitted to be done outside Australia.

Crown to be bound

“48. This Part binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island.

Contravention of order to constitute contempt

“49. (1) If a court makes an order to which this sub-section applies in relation to proceedings before the court on the ground, or on grounds that include the ground, however the ground is expressed, that the making of the order is necessary or desirable in the interests of the national or international security of Australia or in the interests of the physical safety of the accused, of a witness or of any other person, a person shall not contravene or fail to comply with the order so far as it is applicable in relation to the last-mentioned person.

“(2) By force of this sub-section, an order referred to in sub-section (1) applies, except so far as is inconsistent with the express terms of the order, in like manner as this Part applies by virtue of section 47.

“(3) Sub-section (1) applies to—

(a) an order that the proceedings are, or part of the proceedings is, to take place in a closed hearing;

(b) an order that a person is, or persons included in a specified class of persons are, to be excluded from the whole or part of the proceedings;

(c) an order prohibiting or restricting the disclosure of information with respect to the whole or part of the proceedings;

(d) an order prohibiting or restricting the publication of a report of or relating to the whole or part of the proceedings;

(e) an order for the purpose of ensuring that no person without the approval of the court has access, whether before, during or after the hearing of the proceedings, to any indictment, affidavit, exhibit or other document used in the proceedings or to the records of the court relating to the proceedings; or

(f) an order combining any 2 or more of the foregoing orders.

“(4) If a person contravenes or fails to comply with an order referred to in sub-section (1), the Federal Court of Australia has the same powers to punish the person for the contravention or failure as if the order had been made by that Court.

Reports

“50. (1) Subject to sub-section (2), the Attorney-General of the Commonwealth shall, as soon as practicable after each 30 June, lay before each House of the Parliament a report setting out—

(a) the number of proceedings in which, to his knowledge, orders referred to in sub-section 49 (1) were made during the year that ended on that date; and

(b) particulars of those proceedings, including particulars of the judgments.

“(2) Sub-section (1) does not require the making of a report in terms that would be inconsistent with any order referred to in sub-section 49 (1).”.

Application of this Part

“51. This Part does not apply in relation to an order made later than 2 years after the commencement of the Criminal Proceedings Act 1984 of Victoria.”.

 

NOTE

1. No. 6, 1903, as amended. For previous amendments, see No. 5, 1906; No. 8, 1907; No. 34, 1910; No. 31, 1912; No. 11, 1914; No. 4, 1915; No. 38, 1920; No. 39, 1926; No. 9, 1927; No. 60, 1932; Nos. 34 and 65, 1933; No. 45, 1934; No. 5, 1937; No. 43, 1939; No. 50, 1940; No. 10, 1946; No. 52, 1947; No. 65, 1948; Nos. 51 and 80, 1950; Nos. 17 and 35, 1955; No. 50, 1959; Nos. 32 and 109, 1960; No. 91, 1965; Nos. 55 and 93, 1966; No. 134, 1968; No. 39, 1969; No. 216, 1973; No. 164, 1976; No. 36, 1978; Nos. 19, 86 and 138, 1979; No. 61, 1981; No. 26, 1982; and Nos. 39, 91 and 114, 1983.