Document ID: chunk:federal_register_of_legislation:C2004A04340:body:0:p2
Version: federal_register_of_legislation:C2004A04340
Segment Type: other
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Character Range: 3036–5804

or

    (b) a Judge (other than an additional Judge) of the Supreme Court; or

  (c)     the Master of the Supreme Court; or

  (d)     the Chief Magistrate; or

  (e)     a Magistrate; or

     (f) any other judicial office holder or member of a tribunal specified in an enactment relating to the establishment of a judicial commission for the Territory;

'Magistrate' means a Magistrate (other than a Special Magistrate) appointed under the Magistrates Court Act 1930 of the Territory;

'Supreme Court' means the Supreme Court of the Territory existing under the Supreme Court Act 1933 of the Territory;".

Power of Assembly to make laws

5. Section 22 of the Principal Act is amended by inserting in subsection (1) "and Part VA" after "this Part".

Matters excluded from power to make laws

  6. Section 23 of the Principal Act is amended:

  (a)     by omitting paragraphs (1)(b) and (1)(f);

  (b)    by omitting subsections (3) and (4).

Certain laws converted into enactments

7.     Section 34 of the Principal Act is amended by omitting from subsection (3) all the words from and including "after" and substituting "1 July 1992".

  8.     After Part V of the Principal Act the following Part is inserted:

"PART VA—THE JUDICIARY

Jurisdiction and powers of the Supreme Court

"48A.(1) The Supreme Court is to have all original and appellate jurisdiction that is necessary for the administration of justice in the Territory.

"(2) In addition, the Supreme Court may have such further jurisdiction as is conferred on it by any Act, enactment or Ordinance, or any law made under any Act, enactment or Ordinance.

"(3) The Supreme Court is not bound to exercise any powers where it has concurrent jurisdiction with another court or tribunal.

Retirement age of Judges etc. of the Supreme Court

  "48B.(1) This section applies to the following offices:

   (a)     Chief Justice of the Supreme Court;

   (b)     Judge (other than additional Judge) of the Supreme Court;

   (c)     Master of the Supreme Court.

"(2) An enactment that changes the retirement age in relation to an office to which this section applies does not affect the term of office of a person who was appointed to such an office before the commencement of that enactment unless the person has consented in writing to the application of the enactment to him or her.

Judicial commission

"48C.(1) An enactment relating to the establishment of a judicial commission for the Territory must provide that:

   (a) the commission is to be constituted by persons who:

         (i) have been Justices of the High Court or are, or have been, Judges of a superior court of record of the Commonwealth or of a State or Territory (other than persons who are Judges of the Supreme Court of the Territory