Document ID: chunk:federal_register_of_legislation:C2004A04340:body:0:p7
Version: federal_register_of_legislation:C2004A04340
Segment Type: other
Provision Reference: 
Character Range: 16408–19358

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 a Commonwealth Act or a law of the Territory.

SCHEDULE 1—continued

"(2) Unless it is required to do so by or under a Commonwealth Act or a law of the Territory, the Supreme Court is not bound to exercise its powers where it has concurrent jurisdiction with another court or tribunal.".

Subsection 28(1):

Omit "or with any Ordinance", substitute ", with any Ordinance or with any enactment".

Subsection 28(3):

  Omit the subsection.

Subsection 32(1):

  Omit "Governor-General", substitute "Executive".

Section 33B:

  Repeal the section.

Section 33C:

  Omit "Governor-General", substitute "Attorney-General".

Section 33E:

  Repeal the section.

Subsection 33F(1):

  Omit "Governor-General", substitute "Executive".

Subsection 33F(4):

  Omit "the Commonwealth and".

Subsection 33F(5):

  Omit "Minister", substitute "Executive".

After section 35:

  Insert:

Oath or affirmation of office

"35AA. The Registrar must, before proceeding to discharge the duties of the office, take, before a Judge of the Court, an oath or affirmation in the following form:

  'I, , do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law and that I will well and truly serve Her in the office of Registrar of the Supreme Court of the Australian Capital Territory, so help me God.'

SCHEDULE 1—continued

or

  'I, , do solemnly and sincerely promise and declare that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors according to law and that I will well and truly serve Her in the office of Registrar of the Supreme Court of the Australian Capital Territory.'".

After section 37A:

  Insert:

Appointment of officers to assist the Sheriff

"37B.(1) The Attorney-General may appoint persons to assist the Sheriff in the execution of the Sheriffs duties.

  "(2) An act done by a person so appointed:

    (a)     is taken to be done by and under the authority of the Sheriff; and

  (b)     is as valid and effectual as if done by the Sheriff.

  "(3) A person so appointed:

    (a)     may exercise any powers or functions invested in the Sheriff; and

  (b)     has the rights, privileges, immunities and liabilities of the Sheriff.

"(4) If a person so appointed is not a public servant, the person is to receive such remuneration as the Attorney-General determines or, if no such determination is in force, as is prescribed.".

Section 50:

Omit "any Ordinance or to Rules of Court" (wherever occurring), substitute "any enactment, Ordinance or Rules of Court".

Subsection 53(3A):

  Omit the