Document ID: chunk:federal_register_of_legislation:C2004A04340:body:0:p6
Version: federal_register_of_legislation:C2004A04340
Segment Type: other
Provision Reference: 
Character Range: 13754–16711

or more of them took effect on the same date, according to the precedence assigned to them by their commissions.".

Subsection 8(1):

  After "8AA" insert ", 8AABA".

After section 8AA:

  Insert:

Exercise of jurisdiction under subsections 46(4) and 48(2) of the Administrative Appeals Tribunal Act 1989 of the Territory

"8AABA.(1) The jurisdiction conferred by subsection 46(4) of the Administrative Appeals Tribunal Act 1989 of the Territory:

     (a)     may be exercised by the Court constituted by not less than 3 Judges; and

   (b)    must be so exercised if:

         (i) the Tribunal's decision was given by the Tribunal constituted by a member who was, or by members at least one of whom was, a presidential member other than a Judge; and

         (ii) after consulting the President, the Chief Justice considers that it is appropriate for the appeal from the decision to be heard and determined by the Court constituted by not less than 3 Judges; and

     (c) must be so exercised if the Tribunal's decision was given by the Tribunal constituted by a member who was, or by members at least one of whom was, a Judge.

"(2) The jurisdiction conferred by subsection 48(2) of the Administrative Appeals Tribunal Act 1989 of the Territory must be exercised by the Court constituted by not less than 3 Judges if, after consulting the President, the Chief Justice considers that it is appropriate for the question to be heard and determined by the Court so constituted.".

SCHEDULE 1—continued

Section 8AC:

  After "8AA" insert ", 8AABA".

Section 8A:

     (a)      Omit "A person", substitute "Subject to subsections (2) and (3), a person".

  (b)      Before "Parliament" insert "Commonwealth".

  (c)      After "judicial office in a" insert "State or".

  (d)      Add at the end:

     "(2) A Judge of the Court may, with the written approval of the Executive, hold another judicial office that is created by or under a law of the Commonwealth, a State or another Territory.

     "(3) The Executive must consult with the Chief Justice before giving the approval.

     "(4) Subsection (2) does not apply in relation to an additional Judge of the Court.".

Subsection 8B(1):

  Omit the subsection, substitute:

"(1) The Chief Justice and the other Judges appointed under subsection 7(1) are to receive salary and allowances under section 73 of the Australian Capital Territory (Self-Government) Act 1988.".

Subsection 8B(2):

  Omit "under this section".

Subsection 9(1):

Omit "specified by the Governor-General by notice in the Gazette", substitute "determined by the Chief Justice".

Section 10:

  Omit "the Governor-General,".

Section 11:

  Repeal the section, substitute:

Jurisdiction and powers of the Supreme Court

  "11.(1) The Supreme Court has the following jurisdiction:

     (a)    all original and appellate jurisdiction that is necessary to administer justice in the Territory;

     (b)    jurisdiction conferred by