Saturday, February 22, 2014


Judiciary Amendment Act 1984 No. 7 of 1984 - SECT 1

Short title.

An Act to amend the Judiciary Act 1903

(Assented to 4 April 1984) Short title, &c.

1. (1) This Act may be cited as the Judiciary Amendment Act 1984.

(2) The Judiciary Act 1903*1* is in this Act referred to as the Principal Act. 

Judiciary Amendment Act 1984 No. 7 of 1984 - SECT 2

Commencement 2. This Act shall come into operation on the day on which it receives the Royal Assent.

Judiciary Amendment Act 1984 No. 7 of 1984 - SECT 3

3. After Part VII of the Principal Act the following Part is inserted: ''PART
PROCEEDINGS Interpretation

''46. In this Part-

'Australia' includes the external Territories;

'court' means a court of Victoria, and includes a Judge of such a court and
any Magistrate, Justice of the Peace or Coroner of Victoria;

'make', in relation to an order being a direction, includes give;

'order' includes a direction;

'proceedings' means criminal proceedings arising out of, or in any way
relating to, the incident that occurred at the Sheraton Hotel in Melbourne on
the night of 30 November 1983 involving the Australian Secret Intelligence
Service. Application

''47. This Part applies to and in relation to-

   (a)  all natural persons, whether resident in Australia or not and whether
        Australian citizens or not; and

   (b)  all bodies corporate, whether incorporated in Australia or not, and
        extends to acts done or omitted to be done outside Australia. Crown to
        be bound

''48. This Part binds the Crown in right of the Commonwealth, of each of the
States, of the Northern Territory and of Norfolk Island. Contravention of
order to constitute contempt

''49. (1) If a court makes an order to which this sub-section applies in
relation to proceedings before the court on the ground, or on grounds that
include the ground, however the ground is expressed, that the making of the
order is necessary or desirable in the interests of the national or
international security of Australia or in the interests of the physical safety
of the accused, of a witness or of any other person, a person shall not
contravene or fail to comply with the order so far as it is applicable in
relation to the last-mentioned person.

''(2) By force of this sub-section, an order referred to in sub-section (1)
applies, except so far as is inconsistent with the express terms of the order,
in like manner as this Part applies by virtue of section 47.

''(3) Sub-section (1) applies to-

   (a)  an order that the proceedings are, or part of the proceedings is, to
        take place in a closed hearing;

   (b)  an order that a person is, or persons included in a specified class of
        persons are, to be excluded from the whole or part of the proceedings;

   (c)  an order prohibiting or restricting the disclosure of information with
        respect to the whole or part of the proceedings;

   (d)  an order prohibiting or restricting the publication of a report of or
        relating to the whole or part of the proceedings;

   (e)  an order for the purpose of ensuring that no person without the
        approval of the court has access, whether before, during or after the
        hearing of the proceedings, to any indictment, affidavit, exhibit or
        other document used in the proceedings or to the records of the court
        relating to the proceedings; or

   (f)  an order combining any 2 or more of the foregoing orders.

''(4) If a person contravenes or fails to comply with an order referred to in
sub-section (1), the Federal Court of Australia has the same powers to punish
the person for the contravention or failure as if the order had been made by
that Court. Reports

''50. (1) Subject to sub-section (2), the Attorney-General of the Commonwealth
shall, as soon as practicable after each 30 June, lay before each House of the
Parliament a report setting out-

   (a)  the number of proceedings in which, to his knowledge, orders referred
        to in sub-section 49 (1) were made during the year that ended on that
        date; and

   (b)  particulars of those proceedings, including particulars of the

''(2) Sub-section (1) does not require the making of a report in terms that
would be inconsistent with any order referred to in sub-section 49 (1).''.
Application of this Part

''51. This Part does not apply in relation to an order made later than 2 years
after the commencement of the Criminal Proceedings Act 1984 of Victoria.''. 

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