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JUDICIARY AMENDMENT BILL (NO. 2) 1984

The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee

Bill, by leave, taken as a whole.

On the motion of the Attorney-General (Senator Gareth Evans) the following amendments were, by leave, taken together, debated and agreed to: Page 2, after clause 3, insert the following new clause: ''3A. After section 35 of the Principal Act the following section is inserted in Division 1 of Part V: Criteria for granting special leave to appeal '35A. In considering whether to grant an application for special leave to appeal to the High Court under this act or under any other Act, the High Court may have regard to any matters that it considers relevant but shall have regard to- (a) whether the proceedings in which the judgment to which the application relates was pronounced involve a question of law- (i) that is of public importance, whether because of its general application or otherwise; or

(ii) in respect of which a decision of the High Court, as the final appellate court, is required to resolve differences of opinion between different courts, or within the one court, as to the state of the law; and

(b) whether the interests of the administration of justice, either generally or in the particular case, require consideration by the High Court of the judgment to which the application relates.'.''.

Page 4, clause 6, proposed sub-section 55E (11), line 15, after ''commencement of'', insert ''section 6 of''.

Bill, as amended, agreed to.

Bill to be reported with amendments.

The Acting Deputy-President (Senator Colston) resumed the Chair; and the Chairman of Committees (Senator Hamer) reported accordingly.

On the motion of Senator Gareth Evans the Report from the Committee was adopted, and the Bill read a third time.