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Wednesday, 10 November 1976

2.   The following provisions of the Principal Act are amended by omitting the words "of this Act", to this Act" and "of this section " (wherever occurring):

Sections 55b (3), 55C, 55d (4) and 6 (b), 65 and 80a.

3.   The Principal Act is further amended as set out in the following table:

 

I move:

(   3 ) After clause 7, insert the following new clause: "7a. Section 48 of the Principal Act is amended-

(a)   by omitting from sub-section (1) the words 'and annual allowances' and substituting the words ', annual allowances and travelling allowances'; and

(b)   by omitting sub-section (2) and substituting the following sub-section: '(2) The salary and annual allowance of a Justice accrue from day to day and are payable monthly.'.".

(4)   In clause 8, omit "sub-section", substitute "subsections".

(5)   In clause 8, at the end of the clause add the following proposed sub-sections: " '(5) The Chief Justice of the Supreme Court of a State may direct the Registrar or other proper officer of that Supreme Court to keep a Register of Practitioners for the purposes of sub-section (4) and, where such a Register is kept in a State, a person is not entitled, in a court of that State, to the right of audience referred to in sub-section ( 4 ) unless he is registered in that Register. '(6) Where a Register is kept in a State in accordance with sub-section (5), a person who satisfies the Registrar or other officer keeping the Register that he is a person referred to in sub-section (4) is entitled to be registered in that Register. '(7) Where it is proved to the satisfaction of the Supreme Court of a State constituted by 2 or more Judges that a person who is registered in the Register kept in that State in accordance with sub-section ( 5 ) has been guilty of conduct that justifies it in so doing, the Supreme Court may order that person's registration be cancelled or be suspended for a specified period, but the Supreme Court, may at any time, order that the registration of the person be restored or that the suspension be terminated. '(8) The Registrar or other proper officer of the Supreme Court shall make such alterations and notations in a Register kept by him as are required by reason of orders of the Supreme Court under sub-section (7). '(9) Notwithstanding sub-section (6), where the registration of a person has been cancelled in accordance with sub-section (7) and has not been restored, or is for the time being suspended, that person is not entitled again to be registered in the Register except pursuant to an order under sub-section ( 7 ). '. .

(6)   After clause 8, insert the following new clauses: " 8a. Section 56 of the Principal Act is amended by omitting paragraphs (b) and (c) or sub-section (1) and substituting the following paragraphs: '(b) if the claim arose in a State or Territory-in the Supreme Court of that State or Territory or in any other court of competent jurisdiction of that State or Territory; or '(c) if the claim did not arise in a State or Territory- in the Supreme Court of any State or Territory or in any other court of competent jurisdiction of any State or Territory. '. " 8B. Section 68 of the Principal Act is amended-

(a)   by inserting after the word 'State' (wherever occurring) the words 'or Territory'; and

(b)   by adding at the end thereof the following subsections: '(5) In relation to offences committed elsewhere than in a State or Territory (including offences in, over or under any area of the seas that is not part of a State or Territory), the jurisdiction conferred by sub-section (2) is conferred notwithstanding any limits as to locality of the jurisdiction of the court concerned under the law of the State or Territory. '(6) Where a person who has committed, or is suspected of having committed, an offence against a law of the Commonwealth, whether in a State or Territory or elsewhere, is found within an area of waters in respect of which sovereignty is vested in the Crown in right of the Commonwealth, he may be arrested in respect of the offence in accordance with the provisions of the law of any State or Territory that would be applicable to the arrest of the offender in that State or Territory in respect of such an offence committed in that State or Territory, and may be brought in custody into any State or Territory and there dealt with in like manner as if he had been arrested in that State or Territory. '(7) The procedure referred to in sub-section ( 1 ) and the jurisdiction referred to in sub-section (2) shall be deemed to include procedure and jurisdiction in accordance with provisions of a law of a State or Territory under which a person who, in proceedings before a court of summary jurisdiction, pleads guilty to a charge for which he could be prosecuted on indictment may be committed to a court having jurisdiction to try offences on indictment to be sentenced or otherwise dealt with without being tried in that court, and the reference in sub-sections (1) and (2) to 'any such trial or conviction ' shall be read as including any conviction or sentencing in accordance with any such provisions.

(8)   Except as otherwise specifically provided by an Act passed after the commencement of this subsection, a person may be dealt with in accordance with provisions of the kind referred to in subsection (7) notwithstanding that, apart from this section, the offence would be required to be prosecuted on indictment, or would be required to be prosecuted either summarily or on indictment.

(9)   Where a law of a State or Territory of the kind referred to in sub-section (7) refers to indictable offences, that reference shall, for the purposes of the application of the provisions of the law in accordance with that sub-section, be read as including a reference to an offence against a law of the Commonwealth that may be prosecuted on indictment.

(10)   Where, in accordance with a procedure of the kind referred to in sub-section (7), a person is to be sentenced by a court having jurisdiction to try offences on indictment, that person shall, for the purpose of ascertaining the sentence that may be imposed, be deemed to have been prosecuted and convicted on indictment in that court.

(11)   Nothing in this section excludes or limits any power of arrest conferred by, or any jurisdiction vested or conferred by, any other law, including an Act passed before the commencement of this sub-section.' "8c. After section 70 of the Principal Act the following section is inserted:- 70a. The trial on indictment of an offence against a law of the Commonwealth not committed within any State and not being an offence to which section 70 applies may be held in any State or Territory. '. ".

(7)   In clause 10, in proposed section 78a(1), omit "in which a question of interpretation of the Constitution is involved or arises", substitute "involving its interpretation".

(8)   In clause 10, omit sub-section (1) of proposed section 78b and substitute the following sub-section:- " '( 1 ) Where a cause pending in a federal court other than the High Court or in a court of a State or Territory involves a matter arising under the Constitution or involving its interpretation, it is the duty of the court not to proceed in the cause unless and until the court is satisfied that notice of the cause, specifying the nature of the matter has been given to the Attorney-General of the Commonwealth and-

(a)   if the cause is pending in a court of a State- to the Attorney-General of that State; or

(b)   if the cause is pending in a federal court and was instituted in a State- to the Attorney-General of that State, and a reasonable time has elapsed since the giving of the notice for consideration by that Attorney-General or by those Attorneys-General, of the question of intervention in the proceedings or removal of the cause to the High Court.".

(9)   In clause 10, after sub-section (2) of proposed section 78b insert the following sub-section:- " '(2a) For the purposes of sub-section ( 1 ), a notice in respect of a cause-

(a)   shall be taken to have been given to an AttorneyGeneral if steps have been taken that, in the opinion of the court, could reasonably be expected to cause the matters to be notified to be brought to the attention of that Attorney-General; and

(   b ) is not required to be given to the Attorney-General of the Commonwealth if he or the Commonwealth is a party to the cause and is not required to be given to the Attorney-General of a State if he or the S tate is a party to the cause. '. ' '. (9a) In clause 10, at the end of proposed section 78b add the following sub-section:- " '(4) Nothing in sub-section ( 1 ) prevents a court from proceeding without delay to hear and determine proceedings, so far as they relate to the grant of urgent relief of an interlocutory nature, where the court thinks it necessary in the interests of justice to do so.'. ".

(   10) In clause 3 of the Schedule, after the item relating to section 22, insert- "Section 39 ( 1 ) . . Omit 'either of the last two preceding sections', substitute 'section 38'.

Section 39 (2) . . . Omit 'the last two preceding sections ' substitute 'section 38 '. ".

I have already referred to the nature of these amendments. They arise out of representations which have been made. I mention one amendment which I think is significant. Some of the State bodies took the trouble to refer to the fact that their courts had no power over counsel who appeared before them from other States. We have put in a provision which enables each State supreme court to set up a roll for counsel if it wishes. Counsel from other States will have to put their name on that roll. If there is any act which justifies their being struck off, they can be struck off that roll by the Supreme Court of that State. That is an example of the type of amendment to which I am referring. That should meet the objections which have been raised about their courts having no jurisdiction whatsoever over counsel from other States. This amendment to the Bill is a very basic one and one which I hope will lead to a common Bar right throughout Australia.

Amendments agreed to.

Remainder of Bill- as amended- agreed to.

Bill reported with amendments; report- by leave- adopted.







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