| Title | Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Bill 2012 |
| Database | Bills & Legislation |
| Long Title | a Bill for an Act to provide for parliamentary commissions to investigate allegations of judicial misbehaviour or incapacity, and for related purposes |
| Date | 14-03-2012 09:01 AM |
| Source | House of Reps |
| Parl No. | 43 |
| Bill Number | 260/11 |
| Bill Type | Government |
| Portfolio | Attorney-General |
| Reps Bill Code | O |
| Status | Act |
| System Id | legislation/bills/r4768_first-reps/0001 |
This Act may be cited as the Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
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Commencement information |
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Column 1 |
Column 2 |
Column 3 |
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Provision(s) |
Commencement |
Date/Details |
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1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table |
The day this Act receives the Royal Assent. |
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2. Sections 3 to 83 |
A single day to be fixed by Proclamation. However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. |
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Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
(1) The object of this Act is to provide for a commission to be established by the Houses of the Parliament to investigate, and report to them on, alleged misbehaviour or incapacity of a Commonwealth judicial officer, so they can be wellâinformed to consider whether to pray for his or her removal under paragraph 72(ii) of the Constitution.
(2) To avoid doubt, subsection (1) does not imply that:
(a) an Act is needed for such a commission to be established; or
(b) such a commission is the only means by which the Houses of the Parliament can be wellâinformed to consider whether to pray for the removal of a Commonwealth judicial officer under paragraph 72(ii) of the Constitution.
Under this Act, the Houses of the Parliament may each pass a resolution, in the same session, establishing a Commission to investigate an allegation of misbehaviour or incapacity of a Commonwealth judicial officer (that is, a High Court judge, a judge of the Federal Court of Australia or the Family Court of Australia, or a Federal Magistrate).
The Commission is to investigate the allegation, and report to the Houses of the Parliament, on whether there is evidence that would let the Houses of the Parliament conclude that the alleged misbehaviour or incapacity is proved.
If the alleged misbehaviour or incapacity is proved, and both Houses of the Parliament pray for the removal of the judicial officer, the judicial officer may be removed by the GovernorâGeneral in Council in accordance with paragraph 72(ii) of the Constitution.
A Commission is established by force of, and in accordance with, this Act, and the members of a Commission hold office on the terms and conditions provided by this Act. This Act also establishes the rules for an investigation by a Commission, and the requirement for it to report on its investigation to the Houses of the Parliament.
5 Extension to external Territories
This Act extends to every external Territory.
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown liable to be prosecuted for an offence.
In this Act:
acquisition of property has the meaning given by section 43.
Australia, when used in a geographical sense, includes the external Territories.
Australian law means a law (whether written or unwritten) of the Commonwealth, a State or a Territory.
Commission means a Commission established by force of section 9.
Commonwealth judicial officer means:
(a) a Justice of the High Court; or
(b) a judge or justice of a court created by the Parliament (other than the Federal Magistrates Court); or
(c) a Federal Magistrate.
constable has the same meaning as in the Crimes Act 1914.
conveyance has the meaning given by section 27.
damage, in relation to data, includes damage by erasure of data or addition of other data.
dwelling house has the meaning given by section 27.
Federal Magistrate means a Federal Magistrate of the Federal Magistrates Court.
incapacity has (other than in section 73) the same meaning as in section 72 of the Constitution.
Note: Incapacity has its ordinary meaning in section 73.
just terms has the meaning given by section 43.
lawyer means a barrister, a solicitor, a barrister and solicitor, or a legal practitioner, of the High Court or of the Supreme Court of a State or Territory.
member means a member of a Commission, and includes a presiding member.
misbehaviour has (other than in section 73) the same meaning as in section 72 of the Constitution.
Note: Misbehaviour has its ordinary meaning in section 73.
official inquiry has a meaning affected by section 19.
official investigation has a meaning affected by section 19.
parliamentary presiding officer means:
(a) the President of the Senate; or
(b) the Speaker of the House of Representatives.
premises includes the following:
(a) a structure, building, vessel, aircraft or vehicle;
(b) a place (whether or not enclosed or built on);
(c) a part of a thing referred to in paragraph (a) or (b).
presiding member means a member of a Commission appointed as the presiding member by force of subsection 14(3).
proved, in relation to misbehaviour or incapacity, has the same meaning as in section 72 of the Constitution.
search warrant means a search warrant issued under subsection 28(1).