Commonwealth: Federal Court of Australia Act 1976 (Cth)

Federal Court of Australia Act 1976 No. 156, 1976 Compilation No. 59 Compilation date: 11 December 2024 Includes amendments: Act No. 115, 2024 About this compilation This compilation This is a compilation of the Federal Court of Australia Act 1976 that shows the text of the law as amended and in force on 11 December 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part I—Preliminary 1 Short title 2 Commencement 3 Extension to Territories 4 Interpretation 4A Application of the Criminal Code Part II—Federal Court of Australia Division 1—Constitution of the Court 5 Creation of Court 6 Appointment, removal and resignation of Judges 6A Assignment of Judges to Divisions 7 Acting Chief Justice 8 Seniority 9 Salary and allowances of Judges 10 Appropriation 11 Oath or affirmation of office 12 Place of sitting 13 General and Fair Work Divisions of the Court 13A Authorised Judges may manage classes of proceedings 14 Manner in which Court may be constituted 15 Arrangement of business of Court 16 Court divided in opinion 17 Exercise of jurisdiction in open court and in Chambers 18 Powers of Court to extend to whole of Australia Part IIA—Management of the Court Division 1—Management responsibilities of Chief Justice and Chief Executive Officer 18A Management of administrative affairs of Court 18B Chief Executive Officer 18BAA Arrangements with other courts 18BA Arrangements with agencies or organisations Division 2—Appointment, powers etc. of Chief Executive Officer 18C Establishment and appointment of Chief Executive Officer 18D Powers of Chief Executive Officer 18E Remuneration of Chief Executive Officer 18F Terms and conditions of appointment of Chief Executive Officer 18G Leave of absence 18H Resignation 18J Outside employment of Chief Executive Officer 18K Termination of appointment 18L Disclosure of interests by Chief Executive Officer 18M Acting Chief Executive Officer Division 3—Other officers and staff of Registries 18N Personnel other than the Chief Executive Officer 18P Sheriff 18PA Marshal 18PB Deputy Marshals 18PC Authorised persons to assist the Marshal or Deputy Marshals Division 4—Miscellaneous administrative matters 18S Annual report 18W Delegation of administrative powers of Chief Justice 18X Proceedings arising out of the administrative affairs of Court 18XA Protection of persons involved in handling etc. complaints 18Y Oath or affirmation of office Part IIB—Corporate services and other matters Division 1—Corporate services 18Z Corporate services 18ZA Proceedings in relation to corporate services Division 2—Application of the finance law 18ZB Application of the finance law 18ZC Delegation of powers etc. under the finance law 18ZD Managing appropriations Division 3—Application of the Public Service Act 1999 etc. 18ZE Statutory Agency etc. for purposes of the Public Service Act 1999 18ZF Making arrangements relating to APS employees 18ZG Delegation of powers etc. under the Public Service Act 1999 Division 4—Other powers of the Chief Executive Officer 18ZH Appointment of other court officers 18ZI Engagement of consultants, family counsellors and family dispute resolution practitioners 18ZJ Subdelegation of powers under this Division Division 5—Other matters 18ZK Officers of the Court and the Federal Circuit and Family Court of Australia Part III—Jurisdiction of the Court Division 1—Original jurisdiction (general) 19 Original jurisdiction 20 Exercise of original jurisdiction 20A Power of the Court to deal with civil matters without an oral hearing 21 Declarations of right 22 Determination of matter completely and finally 23 Making of orders and issue of writs Division 1A—Original jurisdiction (indictable offences) Subdivision A—Introduction 23AA Background and simplified outline 23AB Application of Division Subdivision B—Matters relating to indictments 23BA Indictment may include alternate counts 23BB Single count can cover multiple accused 23BC Separating one or more accused from a single count 23BD Single indictment can include multiple counts 23BE Separating one or more counts from a single indictment 23BF Time within which indictments must be filed following committal order 23BG Consequences of not filing indictment within time 23BH Amending indictments Subdivision C—Pre‑trial matters (hearings, disclosure and quashing indictments) 23CA Pre‑trial hearings 23CB Court may make orders during pre‑trial hearings 23CC Matters that must be raised during pre‑trial hearings 23CD Pre‑trial and ongoing disclosure 23CE Disclosure of case for the prosecution 23CF Accused's response 23CG Prosecutor's response to accused's response 23CH Ongoing disclosure obligations 23CI Copies of things need not be provided if impracticable etc. 23CJ Personal details need not be provided 23CK Things need not be disclosed to a party more than once 23CL Effect on legal professional privilege and other privileges and duties etc. 23CM Consequences of disclosure requirements 23CN Restricting further disclosure of disclosed material 23CO Restricting admissibility of disclosed material as evidence in other proceedings 23CP Objecting to indictments 23CQ Examining witnesses after committal in absence of the jury Subdivision D—Election in relation to a jury panel 23DA Simplified outline of this Subdivision 23DB Application of Subdivision 23DC Direction to arrange for a jury panel 23DD Election in relation to a jury panel 23DE Validity of anything done by jury Subdivision DA—Provision of a jury panel prepared under this Act 23DF Simplified outline of this Subdivision 23DG Application of Subdivision 23DH Sheriff to select the jury district for the proceedings 23DJ Sheriff to prepare the jury list for the proceedings 23DK Investigation and questionnaires 23DL Qualification to serve as a juror 23DM Disqualification from serving on jury (convictions, charges, detention orders etc.) 23DN Disqualification from serving on jury (professional ineligibility) 23DP Removing names from jury list 23DQ Jury summonses 23DR Preparing the jury panel Subdivision DB—Provision of a jury panel prepared under State or Territory laws 23DS Simplified outline of this Subdivision 23DT Application of Subdivision 23DU Provision of jury panel by State/Territory jury official 23DV Qualification to serve as a juror 23DW Certain other laws of a State or Territory apply, and Part VIA does not apply, before provision of jury panel 23DX Disclosure of personal information by Sheriff or State/Territory jury official 23DY Payments to State or Territory 23DZ Arrangements with State or Territory Subdivision DC—Liability to serve on jury and Sheriff's excusal 23DZA Simplified outline of this Subdivision 23DZB Application of Subdivision 23DZC Liability to serve on jury 23DZD Sheriff's power to excuse—on application 23DZE Sheriff's power to excuse—on own initiative Subdivision DD—Empanelling the jury 23DZF Simplified outline of this Subdivision 23DZG Application of Subdivision 23DZH Preparing to empanel the jury 23DZJ Empanelling the jury 23DZK Court's power to excuse a person from serving on jury 23DZL Supplementary jurors 23DZM Challenges to potential jurors—general 23DZN Challenges for cause 23DZP Peremptory challenges 23DZQ Prosecutor may request that potential jurors be stood aside Subdivision E—Other jury matters 23EAA Jury districts and rolls 23EAB Number of jurors on jury 23EAC Continuation of the trial with a reduced jury 23EAD Ballot to reduce additional jurors 23EA Appointing the jury foreperson 23EB Confidentiality directions 23EC Things to help jury understand issues 23ED Recalling the jury for further directions or evidence 23EE When jury can separate 23EF Directions and potential jurors and jurors 23EG Sheriff's powers 23EH Jurors' remuneration 23EI Discharge of potential jurors 23EJ Discharge of jurors—by law 23EK Discharge of jurors—by the Court 23EL Discharge of jury 23EM Consequences of discharging the jury Subdivision F—Matters relating to pleas, the trial and verdicts 23FA Accused to be arraigned before the jury 23FB Practice and procedure applicable to the trial 23FC Admissibility of evidence given in committal proceedings 23FD Entering pleas 23FE Pleading to some counts in satisfaction of other counts 23FF Pleading to different offences capable of being supported by indictment 23FG Changing pleas 23FH Court's verdict if no case to answer 23FI Jury's verdict 23FJ Consequences of guilty pleas and guilty verdicts 23FK Consequences of not guilty verdicts Subdivision G—Procedure on committal for sentencing 23GA When Subdivision applies 23GB Accused taken to have been committed for trial etc. Subdivision H—Custodial and other matters 23HA Remanding in custody when proceedings adjourned 23HB Oaths and affirmations 23HC Protecting witnesses etc. 23HD Accused cannot make unsworn statements 23HE Costs Division 1B—Original jurisdiction (related summary offences) 23K Practice and procedure applicable to proceedings for related summary offences 23L Evidence in proceedings for related summary offences Division 2—Appellate and related jurisdiction (civil proceedings) 23P Appellate jurisdiction in civil proceedings 24 Appellate jurisdiction 25 Exercise of appellate jurisdiction 26 Cases stated and questions reserved 27 Evidence on appeal 28 Form of judgment on appeal 29 Stay of proceedings and suspension of orders 30 New trials Division 2A—Appellate and related jurisdiction (criminal proceedings) Subdivision A—Bringing appeals 30AA Appellate jurisdiction—allowable appeals 30AB Leave needed unless question of law or about bail 30AC Who may appeal 30AD Appellate jurisdiction—further appeal if Attorney‑General consents 30AE Exercise of appellate jurisdiction 30AF Time for appealing 30AG Right to attend 30AH Practice and procedure applicable to the appeal 30AI Evidence on appeal 30AJ When to allow appeals 30AK Stay or suspension of orders pending appeal 30AL Prison sentence not to include time on bail Subdivision B—Form of judgment on appeal 30BA Court may give such judgment as is appropriate 30BB Allowing appeals against convictions on indictment 30BC Allowing appeals against sentence 30BD Allowing appeals for certain acquittals 30BE Allowing appeals involving unfitness, mental illness etc. 30BF Allowing appeals from summary proceedings 30BG Allowing appeals against bail, bail forfeiture or interim judgments and decisions (including about custody) 30BH Matters relevant to form of judgment on appeal Subdivision C—References 30CA Cases stated and questions reserved 30CB Questions referred after trial Subdivision D—Other 30DA Costs Division 3—General 31 Contempt of Court 31A Summary judgment 31B Prerogative of mercy unaffected 32 Jurisdiction in associated matters 32AA Proceedings not to be instituted in the Court if an associated matter is before the Federal Circuit and Family Court of Australia (Division 2) 32AB Discretionary transfer of civil proceedings to the Federal Circuit and Family Court of Australia 32AC Discretionary transfer of civil proceedings from the Federal Circuit and Family Court of Australia (Division 2) 32AD Confirmation of civil proceedings transferred from the Federal Circuit and Family Court of Australia (Division 2) 32AE Discretionary transfer of certain criminal proceedings 32A State Supreme Courts invested with jurisdiction in Chambers Part IV—Appeals to High Court 33 Appeals to High Court Part IVA—Representative proceedings Division 1—Preliminary 33A Interpretation 33B Application Division 2—Commencement of representative proceeding 33C Commencement of proceeding 33D Standing 33E Is consent required to be a group member? 33F Persons under disability 33G Representative proceeding not to be commenced in certain circumstances 33H Originating process 33J Right of group member to opt out 33K Causes of action accruing after commencement of representative proceeding 33L Situation where fewer than 7 group members 33M Cost of distributing money etc. excessive 33N Order that proceeding not continue as representative proceeding where costs excessive etc. 33P Consequences of order that proceeding not continue under this Part 33Q Determination of issues where not all issues are common 33R Individual issues 33S Directions relating to commencement of further proceedings 33T Adequacy of representation 33U Stay of execution in certain circumstances 33V Settlement and discontinuance—representative proceeding 33W Settlement of individual claim of representative party Division 3—Notices 33X Notice to be given of certain matters 33Y Notices—ancillary provisions Division 4—Judgment etc. 33Z Judgment—powers of the Court 33ZA Constitution etc. of fund 33ZB Effect of judgment Division 5—Appeals 33ZC Appeals to the Court 33ZD Appeals to the High Court—extended operation of sections 33ZC and 33ZF Division 6—Miscellaneous 33ZE Suspension of limitation periods 33ZF General power of Court to make orders 33ZG Saving of rights, powers etc. 33ZH Special provision relating to claims under Part VI of the Competition and Consumer Act 2010 etc. 33ZJ Reimbursement of representative party's costs Part V—Registries, officers and seal 34 Registries 35 Officers of Court 35A Powers of Registrars 36 Seal of Court 37 Writs etc. Part VAA—Suppression and non‑publication orders Division 1—Preliminary 37AA Definitions 37AB Powers of the Court not affected 37AC Other laws not affected 37AD No limit on section 23HC Division 2—Suppression and non‑publication orders 37AE Safeguarding public interest in open justice 37AF Power to make orders 37AG Grounds for making an order 37AH Procedure for making an order 37AI Interim orders 37AJ Duration of orders 37AK Exception for court officials 37AL Contravention of order Part VAAA—Vexatious proceedings Division 1—Preliminary 37AM Definitions 37AN Powers of the Court not affected Division 2—Vexatious proceedings orders 37AO Making vexatious proceedings orders 37AP Notification of vexatious proceedings orders Division 3—Particular consequences of vexatious proceedings orders 37AQ Proceedings in contravention of vexatious proceedings order 37AR Application for leave to institute proceedings 37AS Dismissing application for leave 37AT Granting application for leave Part VA—Assessors 37A Appointment of assessors 37B Qualifications for appointment 37C Remuneration and allowances 37D Terms and conditions of appointment 37E Oath or affirmation of office 37F Leave of absence 37G Resignation 37H Termination of appointment—bankruptcy etc. 37I Termination of appointment—misbehaviour or incapacity 37J Suspension of assessors—misbehaviour or incapacity 37K Outside employment 37L Disclosure of interests Part VB—Case management in civil proceedings 37M The overarching purpose of civil practice and procedure provisions 37N Parties to act consistently with the overarching purpose 37P Power of the Court to give directions about practice and procedure in a civil proceeding Part VI—General 38 Practice and procedure 39 Civil trials to be without jury 40 Power of Court in civil proceedings to direct trial of issues with a jury 41 Juries in civil proceedings 43 Costs 44 Oaths and affirmations 45 Making of affidavits 46 Orders and commissions for examination of witnesses 47 Oral, video link, telephone and affidavit evidence 47A Testimony by video link, audio link or other appropriate means 47B Appearances or submissions by video link, audio link or other appropriate means 47C Conditions for use of video links, audio links or other appropriate means 47D Putting documents to a person by video link, audio link or other appropriate means 47E Administration of oaths and affirmations 47F Expenses 47G New Zealand proceedings 48 Change of venue 49 Reserved judgments 51 Formal defects not to invalidate 51A Interest up to judgment 52 Interest on judgment 53 Enforcement of judgment 53A Arbitration, mediation and alternative dispute resolution processes 53AA Power of arbitrator to refer question of law to the Court 53AB Application to the Court for review of award on a question of law or for costs to be taxed 53B Admissions made to mediators 53C Protection of mediators and arbitrators 54 Arbitration awards 54A Referral of questions to a referee 54B Protection of referees 55 Actions by or against Sheriff 55AA Actions by or against Marshal 55A Making arrests under this Act or warrants 56 Security 57 Receivers 58 Offences by witness Part VIA—Offences relating to juries Division 1—Offences 58AA Failing to attend for jury service 58AB Failing to comply with directions—persons attending for jury service 58AC Failing to comply with directions—jurors 58AD Impersonating a juror or potential juror 58AE Failing to complete and return a questionnaire 58AF False or misleading information to avoid jury service 58AG Bribery of jurors or potential jurors 58AH Causing or threatening harm to jurors, potential jurors or former jurors 58AI Obstructing jurors or potential jurors 58AJ Publishing or broadcasting information identifying jurors, potential jurors or former jurors 58AK Soliciting information from jurors 58AL Disclosing information about a jury 58AM Making improper inquiries as a juror or potential juror Division 2—Infringement notices 58BA When an infringement notice can be given 58BB Matters to be included in an infringement notice 58BC Amount of penalty 58BD Withdrawal of an infringement notice 58BE What happens if the penalty is paid 58BF Effect of this Division on criminal proceedings 58BG Regulations Part VIB—Bail Division 1—Introduction 58CA Simplified outline Division 2—Granting bail 58DA Applying for bail 58DB Granting bail 58DC Bail may be granted subject to conditions 58DD Bail to be stayed pending appeal 58DE Bail undertakings etc. 58DF Effect of granting bail 58DG Seeking discharge from undertaking to give security 58DH Dealings with property given as security for bail Division 3—Reconsidering bail orders 58EA Reconsidering bail—discharge of security or accused fails to comply with the accused's bail undertaking 58EB Reconsidering bail—change in circumstances 58EC Consequences if bail is varied or revoked Division 4—Further consequences if accused fails to appear in accordance with bail undertaking 58FA Offence for failing to appear before the Court 58FB Notice of proposed forfeiture 58FC Ordering forfeiture 58FD When forfeiture orders take effect 58FE Effect of forfeiture orders Division 5—When bail ends 58GA Continuing bail orders 58GB Bail discharged if the Court discharges the accused 58GC Continuing security undertakings when bail ends 58GD Returning security when bail ends Division 6—Other matters 58HA Admissibility of certain matters 58HB Indemnifying a person providing security Part VII—Rules of Court and regulations 59 Rules of Court 59A Regulations modifying or adapting the Legislation Act 2003 60 Regulations The Schedule Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to create a Federal Court of Australia and to make provision with respect to the Jurisdiction of that Court Part I—Preliminary 1 Short title This Act may be cited as the Federal Court of Australia Act 1976. 2 Commencement (1) This Act shall come into operation on the day on which it receives the Royal Assent. (2) No proceeding shall be instituted in the Court before a day to be fixed by Proclamation as the day on which the Court shall commence to exercise its jurisdiction. 3 Extension to Territories This Act extends to every external Territory. 4 Interpretation In this Act, unless the contrary intention appears: accused: (a) in relation to indictable primary proceedings—has the meaning given by subsection 23AB(1); and (b) in relation to criminal appeal proceedings—means the person who was the accused in the proceedings appealed from. administrative affairs: (a) of the Court—has a meaning affected by subsection 18A(1A) of this Act; and (b) of the Federal Circuit and Family Court of Australia (Division 1)—has the meaning given by the definition of that expression in the Federal Circuit and Family Court of Australia Act 2021 in relation to that Court; and (c) of the Federal Circuit and Family Court of Australia (Division 2)—has the meaning given by the definition of that expression in the Federal Circuit and Family Court of Australia Act 2021 in relation to that Court. alternative dispute resolution process means a procedure or service for the resolution of disputes (other than arbitration or mediation) not involving the exercise of the judicial power of the Commonwealth. applicable jury district has the meaning given by section 23DH. audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places. Australian court means a federal court or a court of a State or Territory. bail order means an order made under subsection 58DB(1). bail undertaking means an undertaking under paragraph 58DE(1)(a). Chief Executive Officer means the Chief Executive Officer and Principal Registrar of the Court. Note: The Chief Executive Officer is appointed under section 18C. A person is appointed to act as the Chief Executive Officer under section 18M. Chief Executive Officer of the Federal Circuit and Family Court of Australia means the Chief Executive Officer and Principal Registrar of the Federal Circuit and Family Court of Australia (Division 1). Chief Justice means the Chief Justice of the Court, and includes a Judge for the time being performing the duties and exercising the powers of Chief Justice. civil practice and procedure provisions has the meaning given by subsection 37M(4). commencing day means the day fixed under subsection 2(2). complaint means a complaint mentioned in paragraph 15(1AA)(c). complaint handler means: (a) the Chief Justice; or (b) a person who is authorised by the Chief Justice under subsection 15(1AAB); or (c) a person who is a member of a body that is authorised by the Chief Justice under subsection 15(1AAB). conveyance includes a vehicle, a vessel and an aircraft. corporate services: (a) of the Court—has the meaning given by subsection 18A(1B) of this Act; and (b) of the Federal Circuit and Family Court of Australia (Division 1)—has the meaning given by the definition of that expression in the Federal Circuit and Family Court of Australia Act 2021 in relation to that Court; and (c) of the Federal Circuit and Family Court of Australia (Division 2)—has the meaning given by the definition of that expression in the Federal Circuit and Family Court of Australia Act 2021 in relation to that Court. Court means the Federal Court of Australia established by this Act. criminal appeal proceedings means: (a) proceedings relating to an appeal referred to in section 30AA or 30AD; or (b) proceedings relating to the seeking of leave to file such an appeal; or (c) proceedings in the Court that are ancillary to proceedings covered by paragraph (a) or (b). CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011. Division means the General Division or the Fair Work Division of the Court. dwelling house includes a conveyance, or a room in accommodation, in which people ordinarily retire for the night. electoral Division has the same meaning as Division has in the Commonwealth Electoral Act 1918. eligible primary court means: (a) the Court constituted by a single Judge in indictable primary proceedings; or (b) the Supreme Court of a Territory (other than the Australian Capital Territory or the Northern Territory); or (c) in such cases as are provided by any other Act, a court (other than a Full Court of the Supreme Court) of a State, the Australian Capital Territory or the Northern Territory, exercising federal jurisdiction. examination and commitment for trial on indictment includes commitment for trial on indictment. family law or child support proceeding means a proceeding under: (a) the Family Law Act 1975; or (b) the Child Support (Assessment) Act 1989; or (c) the Child Support (Registration and Collection) Act 1988 (other than a proceeding under section 72Q of that Act). Federal Circuit and Family Court of Australia means: (a) the Federal Circuit and Family Court of Australia (Division 1); or (b) the Federal Circuit and Family Court of Australia (Division 2). finance law has the same meaning as in section 8 of the Public Governance, Performance and Accountability Act 2013. foreign country includes a region where: (a) the region is a colony, territory or protectorate of a foreign country; or (b) the region is part of a foreign country; or (c) the region is under the protection of a foreign country; or (d) a foreign country exercises jurisdiction or control over the region; or (e) a foreign country is responsible for the region's international relations. forfeiture order means an order made under subsection 58FC(1). former juror means a person who has ceased to be a juror. Full Court means a Full Court in a Division of the Court constituted in accordance with section 14. Full Court of the Supreme Court of a State or Territory means the Supreme Court of the State or Territory when constituted by 2 or more judges, and includes the Supreme Court of the State or Territory when so constituted for the purpose of sitting as the Court of Appeal of the State or Territory. handle a complaint means do one or more of the following acts relating to the complaint: (a) consider the complaint; (b) investigate the complaint; (c) report on an investigation of the complaint; (d) deal with a report of an investigation of the complaint; (e) dispose of the complaint; (f) refer the complaint to a person or body. indictable offence matter has the meaning given by subsection 32(6). indictable primary proceedings has the meaning given by subsection 23AB(2). infringement notice means an infringement notice given under section 58BA. Judge means a Judge of the Court (including the Chief Justice) and, in the expression "the Court or a Judge", means a Judge sitting in Chambers. judgment means: (a) a judgment, decree or order, whether final or interlocutory; or (b) a sentence; and includes a conviction. juror means a person serving as a juror in proceedings before the Court. jury district means a jury district determined by the Sheriff under subsection 23EAA(1). jury list has the meaning given by subsection 23DJ(2). jury roll means a jury roll prepared under subsection 23EAA(4). jury service means service as a juror. lawyer means a person enrolled as a legal practitioner of a federal court or the Supreme Court of a State or Territory. overarching purpose (of the civil practice and procedure provisions) means the overarching purpose set out in subsection 37M(1). party, in relation to indictable primary proceedings, has the meaning given by subsection 23AB(3). police officer means a member or special member of the Australian Federal Police or a member of the police force or police service of a State or Territory. potential juror means a person who: (a) has been summonsed to attend for service as a juror in proceedings before the Court; and (b) has not been empanelled as one of the jury; and (c) has not been discharged from serving on the jury. premises includes a place and a conveyance. proceeding means a proceeding in a court, whether between parties or not, and includes an incidental proceeding in the course of, or in connexion with, a proceeding, and also includes an appeal. Example: Discovery is an example of an incidental proceeding. referee means a person to whom a question is referred for inquiry and report under section 54A. related summary offence has the same meaning as in the Judiciary Act 1903. relevant belief: a person has a relevant belief in relation to a complaint about a Judge if: (a) the person believes that one or more of the circumstances that gave rise to the complaint may, if substantiated, justify consideration of the removal of the Judge in accordance with paragraph 72(ii) of the Constitution; or (b) the person believes that one or more of the circumstances that gave rise to the complaint may, if substantiated: (i) adversely affect, or have adversely affected, the performance of judicial or official duties by the Judge; or (ii) have the capacity to adversely affect, or have adversely affected, the reputation of the Court. relevant to the accused's case: if an accused is prosecuted on indictment, evidence is relevant to the accused's case if it is capable of either or both of the following: (a) undermining the prosecution's case; (b) assisting the accused's case. Roll has the same meaning as in the Commonwealth Electoral Act 1918. Sheriff means Sheriff of the Court. sitting place, in relation to indictable primary proceedings, has the meaning given by subsection 23DC(2). State/Territory jury official means: (a) an officer or member of staff of the Supreme Court of a State or Territory; or (b) an officer or employee of a State or Territory; who is responsible for preparing jury panels (however described) for the purposes of the trial on indictment of an offence in the Supreme Court of the State or Territory. suit includes any civil action, or original civil proceeding, between parties. third party security undertaking means an undertaking under paragraph 58DE(1)(b). video link means facilities (for example, closed‑circuit television facilities) that enable audio and visual communication between persons in different places. 4A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. Part II—Federal Court of Australia Division 1—Constitution of the Court 5 Creation of Court (1) A federal court, to be known as the Federal Court of Australia, is created by this Act. (2) The Court is a superior court of record and is a court of law and equity. (3) The Court consists of a Chief Justice, and such other Judges as from time to time hold office in accordance with this Act. 6 Appointment, removal and resignation of Judges Appointment of Judges (1) A Judge: (a) shall be appointed by the Governor‑General by commission; and (b) shall not be removed except by the Governor‑General, on an address from both Houses of the Parliament in the same session, praying for his or her removal on the ground of proved misbehaviour or incapacity. (2) A person is not to be appointed as a Judge unless: (a) the person: (i) is or has been a Judge of a prescribed court or of a court of a State; or (ii) has been enrolled as a legal practitioner of the High Court or of the Supreme Court of a State or Territory for not less than 5 years; and (b) the person has appropriate knowledge, skills and experience to deal with the kinds of matters that may come before the Court. Judges to be assigned to particular location (3) The commission of appointment of a Judge must assign the Judge to a particular location. The Judge: (a) must not sit at another location on a permanent basis unless the Attorney‑General and the Chief Justice consent; and (b) cannot be required to sit at another location on a permanent basis unless the Judge consents (in addition to the consents required by paragraph (a)); and (c) may sit at another location on a temporary basis. (3A) In deciding whether to consent as mentioned in paragraph (3)(a), the Chief Justice has the same protection and immunity as if he or she were making that decision as, or as a member of, the Court. (3B) Despite section 39B of the Judiciary Act 1903, the Court does not have jurisdiction with respect to a matter relating to the exercise by the Attorney‑General or the Chief Justice of the power to consent as mentioned in paragraph (3)(a). Resignation (4) A Judge may resign his or her office by writing under his or her hand delivered to the Governor‑General, and the resignation takes effect on the day on which it is received by the Governor‑General or on such later day as is specified in the writing. Judge of 2 or more courts (5) Notwithstanding anything contained in any other Act, a person may hold office at the one time as a Judge, other than the Chief Justice, of the Court and as a Judge of a prescribed court or of 2 or more prescribed courts. Style (6) A Judge or former Judge is entitled to be styled "The Honourable". Definition (7) In this section: prescribed court means: (a) a court (other than the Court) created by the Parliament; or (b) the Supreme Court of the Northern Territory; or (c) the Supreme Court of the Australian Capital Territory; or (d) the Supreme Court of a State. 6A Assignment of Judges to Divisions The Governor‑General may: (a) assign a Judge (other than the Chief Justice) to one of the Divisions either: (i) in the commission of appointment of the Judge; or (ii) at a later time, with the consent of the Judge; and (b) vary any such assignment, with the consent of the Judge. Note: A Judge (including the Chief Justice) who is not assigned to either Division of the Court may exercise the powers of the Court in either Division (see subsection 15(1C)). 7 Acting Chief Justice (1) Whenever: (a) the Chief Justice is absent from Australia or from duty; or (b) there is a vacancy in the office of Chief Justice; the next senior Judge who is in Australia and is able and willing to do so shall perform the duties, and may exercise the powers, of the Chief Justice. (2) For the purposes of this Act, a person who is performing duties and exercising powers under subsection (1) is taken not to be assigned to either Division of the Court. Note: A Judge (including the Chief Justice) who is not assigned to either Division of the Court may exercise the powers of the Court in either Division (see subsection 15(1C)). 8 Seniority The Chief Justice is the senior Judge of the Court and the other Judges have seniority according to the dates on which their commissions took effect or, where the commissions of 2 or more of them took effect on the same date, according to the precedence assigned to them by their commissions. 9 Salary and allowances of Judges (1) The Chief Justice and each other Judge shall, receive salary, annual allowances and travelling allowances at such respective rates as are fixed from time to time by the Parliament. (2) The salary and annual allowance to which a Judge is entitled under this section accrue from day to day and are payable monthly. (3) The remuneration of a Judge shall not be diminished during his or her continuance in office. 10 Appropriation The Consolidated Revenue Fund is appropriated to the extent necessary for payment of salaries and allowances in accordance with section 9. 11 Oath or affirmation of office A Judge shall, before proceeding to discharge the duties of his or her office, take before the Governor‑General, another Judge of the Court, a Justice of the High Court or a Judge of the Supreme Court of a State or Territory an oath or affirmation in accordance with the form in the Schedule. 12 Place of sitting Sittings of the Court shall be held from time to time as required at the places at which the registries of the Court are established, but the Court may sit at any place in Australia or in a Territory. 13 General and Fair Work Divisions of the Court (1) For the purpose of the organisation and conduct of the business of the Court, the Court comprises 2 Divisions: (a) the General Division; and (b) the Fair Work Division. (2) Every proceeding in the Court must be instituted, heard and determined in a Division. Fair Work Division (3) The following jurisdiction of the Court is to be exercised in the Fair Work Division: (a) jurisdiction that is required by any other Act to be exercised in the Fair Work Division; (b) jurisdiction that is incidental to such jurisdiction. Note: Under section 562 of the Fair Work Act 2009, jurisdiction is required to be exercised in the Fair Work Division of the Court in relation to matters arising under that Act. General Division (4) The following jurisdiction of the Court is to be exercised in the General Division: (a) jurisdiction that is not required by any other Act to be exercised in the Fair Work Division; (b) jurisdiction that is incidental to such jurisdiction (including jurisdiction that is required by any other Act to be exercised in the Fair Work Division). Jurisdiction that is required to be exercised in both Divisions (5) If the Court's jurisdiction is required to be exercised in both Divisions in relation to particular proceedings or proceedings of a particular kind, the Chief Justice may, at any time (whether before or after the proceedings are instituted), give a direction about the allocation to one or other Division of those proceedings or proceedings of that kind. 13A Authorised Judges may manage classes of proceedings (1) The Chief Justice may, by written instrument, authorise a Judge to manage such class or classes of proceedings as may be specified: (a) in the instrument; or (b) by the Rules of Court. (2) In managing a class or classes of proceedings, a Judge is subject to any direction from the Chief Justice. (3) A Judge may be authorised even though the Judge is not assigned to a Division. (4) The authorisation of a Judge does not affect the rank, title, status and precedence as a Judge that the Judge had immediately before any such authorisation. (5) If a direction under subsection (2) is given in writing, the direction is not a legislative instrument. 14 Manner in which Court may be constituted (1) For the purposes of the exercise of the jurisdiction of the Court, the Court may be constituted by a single Judge or as a Full Court. (2) A Full Court consists of 3 or more Judges sitting together or, to the extent permitted by subsection (3), of 2 Judges sitting together. (3) Where, after a Full Court (including a Full Court constituted in accordance with this subsection) has commenced the hearing, or further hearing, of a proceeding and before the proceeding has been determined, one of the Judges constituting the Full Court dies, resigns his or her office or otherwise becomes unable to continue as a member of the Full Court for the purposes of the proceeding, then the hearing and determination, or the determination, of the proceeding may be completed by a Full Court constituted by the remaining Judges, if at least 3 Judges remain or, if the remaining Judges are 2 in number and the parties consent, by a Full Court constituted by the remaining Judges. (4) In the application of subsection (3) in relation to an appeal from a judgment of the Supreme Court of a Territory constituted by 2 or more Judges, the reference in that subsection to 3 Judges shall be read as a reference to 5 Judges and the reference in that subsection to Judges who are 2 in number shall be read as a reference to Judges who are 4 in number. (5) A Full Court constituted in accordance with subsection (3) or (4) may have regard to any evidence given or received, and arguments adduced, by or before the Full Court as previously constituted. (6) The Court constituted by one or more Judges may sit and exercise the jurisdiction of the Court notwithstanding that the Court constituted by one or more other Judges is at the same time sitting and exercising the jurisdiction of the Court. 15 Arrangement of business of Court Responsibility of Chief Justice (1) The Chief Justice is responsible for ensuring the effective, orderly and expeditious discharge of the business of the Court. (1AA) In discharging his or her responsibility under subsection (1) (and without limiting the generality of that subsection) the Chief Justice: (a) may, subject to this Act and to such consultation with Judges as is appropriate and practicable, do all or any of the following: (i) make arrangements as to the Judge or Judges who is or are to constitute the Court in particular matters or classes of matters; (ii) without limiting the generality of subparagraph (i)—assign particular caseloads, classes of cases or functions to particular Judges; (iii) temporarily restrict a Judge to non‑sitting duties; and (b) must ensure that arrangements are in place to provide Judges with appropriate access to (or reimbursement for the cost of): (i) annual health assessments; and (ii) short‑term counselling services; and (iii) judicial education; and (c) may deal, as set out in subsection (1AAA), with a complaint about the performance by another Judge of his or her judicial or official duties; and (d) may take any measures that the Chief Justice believes are reasonably necessary to maintain public confidence in the Court, including, but not limited to, temporarily restricting another Judge to non‑sitting duties. (1AAA) The Chief Justice may, if a complaint is made about another Judge of the Court, deal with the complaint by doing either or both of the following in respect of the complaint: (a) deciding whether or not to handle the complaint and then doing one of the following: (i) dismissing the complaint; (ii) handling the complaint if the Chief Justice has a relevant belief in relation to the complaint about the other Judge; (iii) arranging for any other complaint handlers to assist the Chief Justice to handle the complaint if the Chief Justice has a relevant belief in relation to the complaint about the other Judge; (b) arranging for any other complaint handlers to decide whether or not to handle the complaint and then to do one of the following: (i) dismiss the complaint; (ii) handle the complaint if each of the complaint handlers has a relevant belief in relation to the complaint about the other Judge. Note: A complaint handler (other than the Chief Justice) may handle a complaint by referring it to the Chief Justice. The Chief Justice may then do either or both of the things referred to in paragraph (a) or (b) in respect of the complaint. (1AAB) The Chief Justice may authorise, in writing, a person or a body to do one or more of the following: (a) assist the Chief Justice to handle complaints or a specified complaint; (b) decide whether or not to handle complaints or a specified complaint; (c) dismiss complaints or a specified complaint; (d) handle complaints or a specified complaint. (1AB) In exercising the functions or powers mentioned in paragraph (1AA)(a), the Chief Justice has the same protection and immunity as if he or she were exercising those functions or powers as, or as a member of, the Court. Note: See also section 18XA. (1AC) Despite section 39B of the Judiciary Act 1903, the Court does not have jurisdiction with respect to a matter relating to the exercise by the Chief Justice of the functions or powers mentioned in subsection (1AA), (1AAA) or (1AAB). Exercise of powers of General and Fair Work Divisions of the Court (1A) A Judge who is assigned to a Division of the Court must exercise, or participate in exercising, the powers of the Court only in that Division, except as set out in subsection (1B). (1B) The Chief Justice may arrange for a Judge who is assigned to a particular Division of the Court to exercise, or participate in exercising, the powers of the Court in the other Division if the Chief Justice considers that circumstances make it desirable to do so. (1C) To avoid doubt, a Judge who is not assigned to either Division of the Court may exercise, or participate in exercising, the powers of the Court in either Division. (1D) Subsection (1A) does not affect the validity of any exercise of powers by the Court otherwise than in accordance with that subsection. Judges who are also Judges of the Supreme Court of the ACT and the Northern Territory (2) Where a Judge of the Federal Court of Australia also holds office as an additional Judge of the Supreme Court of the Australian Capital Territory or of the Supreme Court of the Northern Territory of Australia, arrangements shall be made between the Chief Justice of the Federal Court of Australia and the Chief Judge or Chief Justice, as the case may be, of that Supreme Court as to the extent to which the Judge is to take part in the exercise of the jurisdiction of that Supreme Court, but the Chief Justice of the Federal Court of Australia shall consult with the Judge concerned before making any such arrangements. (3) Where a Judge, other than an additional Judge, of the Supreme Court of the Australian Capital Territory or of the Supreme Court of the Northern Territory of Australia also holds office as a Judge of the Federal Court of Australia, he or she is not required to take part in the exercise of the jurisdiction of the Federal Court of Australia except in accordance with arrangements made between the Chief Justice of the Federal Court of Australia and the Chief Judge or Chief Justice, as the case may be, of that Supreme Court, but the Chief Judge or Chief Justice, as the case may be, of that Supreme Court shall consult with the Judge concerned before making any such arrangements. 16 Court divided in opinion If the Judges constituting a Full Court for the purposes of any proceeding are divided in opinion as to the judgment to be pronounced, judgment shall be pronounced according to the opinion of the majority, if there is a majority, but, if the Judges are equally divided in opinion: (a) in the case of an appeal from a judgment of the Court constituted by a single Judge, or of the Supreme Court of a State or Territory—the judgment appealed from shall be affirmed; and (b) in any other case—the opinion of the Chief Justice or, if he or she is not a member of the Full Court, the opinion of the senior Judge who is a member of the Full Court, shall prevail. 17 Exercise of jurisdiction in open court and in Chambers (1) Except where, as authorized by this Act or another law of the Commonwealth, the jurisdiction of the Court is exercised by a Judge sitting in Chambers, the jurisdiction of the Court shall be exercised in open court. (1A) For the purposes of subsection (1), the circumstances in which the jurisdiction of the Court is exercised in open court include where the exercise of jurisdiction is made accessible to the public by way of video link, audio link or other appropriate means. (2) The jurisdiction of the Court may be exercised by a Judge sitting in Chambers in: (a) a proceeding on an application relating to the conduct of a proceeding; (b) a proceeding on an application for orders or directions as to any matter which, by this Act or any other law of the Commonwealth, is made subject to the direction of a Judge sitting in Chambers; and (c) a proceeding on any other application authorized by the Rules of Court to be made to a Judge sitting in Chambers. (3) A Judge may order a proceeding in Chambers to be adjourned into court. (4) The Court may order the exclusion of the public or of persons specified by the Court from a sitting of the Court where the Court is satisfied that the presence of the public or of those persons, as the case may be, would be contrary to the interests of justice. (5) The reference in subsection (4) to a sitting of the Court includes a reference to a sitting of the Court that is conducted by way of video link, audio link or other appropriate means. 18 Powers of Court to extend to whole of Australia The process of the Court runs, and the judgments of the Court have effect and may be executed, throughout Australia and the Territories. Part IIA—Management of the Court Division 1—Management responsibilities of Chief Justice and Chief Executive Officer 18A Management of administrative affairs of Court (1) The Chief Justice is responsible for managing the administrative affairs of the Court. (1A) The administrative affairs of the Court do not include the corporate services of the Court. (1B) The following matters relating to the Court are the corporate services of the Court: (a) communications; (b) finance; (c) human resources; (d) information technology; (e) libraries; (ea) records management; (eb) administrative matters relating to judgments, to the extent that such matters do not involve the exercise of judicial power; (f) procurement and contract management; (g) property; (h) risk oversight and management; (ha) court security; (i) statistics; (j) any other matter prescribed by a determination under subsection (5). (2) For the purpose referred to in subsection (1), the Chief Justice has power to do all things that are necessary or convenient to be done, including, on behalf of the Commonwealth: (a) entering into contracts; and (b) acquiring or disposing of personal property. (3) The powers given to the Chief Justice by subsection (2) are in addition to any powers given to the Chief Justice by any other provision of this Act or by any other Act. (4) Subsection (2) does not authorise the Chief Justice to enter into a contract under which the Commonwealth is to pay or receive an amount exceeding $1,000,000 or, if a higher amount is prescribed, that higher amount, except with the approval of the Attorney‑General. (5) The Attorney‑General may, by legislative instrument, determine matters that are the corporate services of the Court (see paragraph (1B)(j)). 18B Chief Executive Officer In the management of the administrative affairs of the Court, the Chief Justice is assisted by the Chief Executive Officer. 18BAA Arrangements with other courts (1) The Chief Justice may arrange with the chief judicial officer (however described) of another Australian court for an officer or officers of that court to perform on behalf of the Court any or all of the following functions: (a) the receipt of documents to be lodged with or filed in the Court; (b) the signing and issuing of writs, commissions and process for the purposes of any proceedings in the Court; (c) the authentication of orders of the Court; (d) the administration of oaths and affirmations, and the witnessing of affidavits, for the purposes of any proceedings in the Court; (e) such other non‑judicial functions as are permitted by the Rules of Court to be performed under such an arrangement; (f) such other non‑judicial functions as the Chief Justice considers appropriate. (2) If an arrangement under subsection (1) is in force in relation to the performance by an officer of an Australian court of a function on behalf of the Court, the officer may perform that function despite any other provision of this Act or any other law of the Commonwealth. (3) A function performed on behalf of the Court in accordance with an arrangement under subsection (1) has effect as if the function had been performed by the Court. (4) Copies of an arrangement under subsection (1) are to be made available for inspection by members of the public. (5) For the purposes of this section, a member of the staff of an Australian court is taken to be an officer of that court. 18BA Arrangements with agencies or organisations (1) The Chief Justice may arrange with the chief executive officer (however described) of: (a) an agency of the Commonwealth, a State or a Territory; or (b) another organisation; for an employee or employees of the agency or organisation to: (c) receive, on behalf of the Court, documents to be lodged with or filed in the Court; or (d) perform, on behalf of the Court, other non‑judicial functions of the Court. (2) If an arrangement under subsection (1) is in force in relation to the performance by an employee of an agency or organisation of a function on behalf of the Court, the employee may perform that function despite any other provision of this Act or any other law of the Commonwealth. (3) A function performed on behalf of the Court in accordance with an arrangement under subsection (1) has effect as if the function had been performed by the Court. (4) Copies of an arrangement under subsection (1) are to be made available for inspection by members of the public. Division 2—Appointment, powers etc. of Chief Executive Officer 18C Establishment and appointment of Chief Executive Officer (1) There is to be a Chief Executive Officer and Principal Registrar of the Court. (2) The Chief Executive Officer is to be appointed by the Governor‑General by written instrument on the nomination of the Chief Justice. 18D Powers of Chief Executive Officer (1) The Chief Executive Officer has power to do all things necessary or convenient to be done for the purpose of assisting the Chief Justice under section 18B. (2) In particular, the Chief Executive Officer may act on behalf of the Chief Justice in relation to the administrative affairs of the Court. (3) The Chief Justice may give the Chief Executive Officer directions regarding the exercise of his or her powers under this Part. 18E Remuneration of Chief Executive Officer (1) The Chief Executive Officer is to be paid the remuneration and allowances determined by the Remuneration Tribunal. (2) If there is no determination in force, the Chief Executive Officer is to be paid such remuneration as is prescribed. (3) The Chief Executive Officer is to be paid such other allowances as are prescribed. (4) Remuneration and allowances payable to the Chief Executive Officer under this section are to be paid out of money appropriated by the Parliament for the purposes of the Court. 18F Terms and conditions of appointment of Chief Executive Officer (1) The Chief Executive Officer holds office for the period (not longer than 5 years) specified in the instrument of his or her appointment, but is eligible for re‑appointment. (4) The Chief Executive Officer holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Chief Justice. 18G Leave of absence (1) The Chief Executive Officer has such recreation leave entitlements as are determined by the Remuneration Tribunal. (2) The Chief Justice may grant the Chief Executive Officer leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Chief Justice, with the approval of the Attorney‑General, determines. 18H Resignation The Chief Executive Officer may resign by giving a signed notice of resignation to the Governor‑General. 18J Outside employment of Chief Executive Officer (1) Except with the consent of the Chief Justice, the Chief Executive Officer must not engage in paid employment outside the duties of his or her office. (2) The reference in subsection (1) to paid employment does not include service in the Defence Force. 18K Termination of appointment (1) The Governor‑General may terminate the appointment of the Chief Executive Officer for misbehaviour or physical or mental incapacity. (2) The Governor‑General is required to terminate the appointment of the Chief Executive Officer if the Chief Executive Officer: (a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or (b) is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or (c) engages in paid employment contrary to section 18J; or (d) fails, without reasonable excuse, to comply with section 18L. (3) The Governor‑General may, with the consent of a Chief Executive Officer who is: (a) an eligible employee for the purposes of the Superannuation Act 1976; or (b) a member of the superannuation scheme established by deed under the Superannuation Act 1990; or (c) an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; retire the Chief Executive Officer from office on the ground of incapacity. (4) In spite of anything contained in this section, if the Chief Executive Officer: (a) is an eligible employee for the purposes of the Superannuation Act 1976; and (b) has not reached his or her maximum retiring age (within the meaning of that Act); he or she is not capable of being retired from office on the ground of invalidity (within the meaning of Part IVA of that Act) unless CSC has given a certificate under section 54C of that Act. (5) In spite of anything contained in this section, if the Chief Executive Officer: (a) is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and (b) is under 60 years of age; he or she is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given a certificate under section 13 of that Act. (6) In spite of anything contained in this section, if the Chief Executive Officer: (a) is an ordinary employer‑sponsored member of PSSAP, within the meaning of the Superannuation Act 2005; and (b) is under 60 years of age; he or she is not capable of being retired from office on the ground of invalidity (within the meaning of that Act) unless CSC has given an approval and certificate under section 43 of that Act. 18L Disclosure of interests by Chief Executive Officer (1) The Chief Executive Officer must give written notice to the Chief Justice of all direct or indirect pecuniary interests that the Chief Executive Officer has or acquires in any business or in any body corporate carrying on a business. (2) The Chief Executive Officer must give written notice to the Chief Justice of all material personal interests that the Chief Executive Officer has that relate to the affairs of the Court. (3) Section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) does not apply to the Chief Executive Officer. 18M Acting Chief Executive Officer The Chief Justice may, in writing, appoint a person to act in the office of Chief Executive Officer: (a) during a vacancy in the office (whether or not an appointment has previously been made to the office); or (b) during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office. Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901. Division 3—Other officers and staff of Registries 18N Personnel other than the Chief Executive Officer (1) In addition to the Chief Executive Officer, there are the following officers of the Court: (aa) such Registrars as are necessary; (a) a District Registrar of the Court for each District Registry; (b) such Deputy District Registrars as are necessary; (c) the Sheriff of the Court; (d) such Deputy Sheriffs as are necessary; (da) the Marshal of the Court; (db) such Deputy Marshals of the Court as are necessary; (e) such Marshals for the purposes of the Admiralty Act 1988 as are necessary. (2) The officers of the Court, other than the Chief Executive Officer, have such duties, powers and functions as are given to them by this Act or by the Chief Justice. (4) The officers of the Court (other than the Chief Executive Officer, the Deputy Sheriffs, the Deputy Marshals of the Court and the Marshals for the purposes of the Admiralty Act 1988) are to be persons engaged under the Public Service Act 1999. (5) The Deputy Sheriffs, the Deputy Marshals of the Court and the Marshals for the purposes of the Admiralty Act 1988 may be persons engaged under the Public Service Act 1999. (6) The Chief Executive Officer may, on behalf of the Chief Justice, arrange with an Agency Head within the meaning of the Public Service Act 1999, or with an authority of the Commonwealth, for the services of officers or employees of the Agency or authority to be made available for the purposes of the administrative affairs of the Court. (7) There are to be such staff of the Registries as are necessary. (8) The staff of the Registries is to consist of persons engaged under the Public Service Act 1999. 18P Sheriff (1) The Sheriff of the Court is responsible for the service and execution of all process of the Court (including warrants) directed to the Sheriff. (2) The Sheriff is also responsible for: (a) taking, receiving and detaining all persons committed to his or her custody by the Court; and (b) discharging such persons when so directed by the Court or otherwise required by law. (2A) The Sheriff is also responsible for matters under Division 1A of Part III directed to the Sheriff. Note: These provisions of Part III are mainly about juries in criminal proceedings. (3) A Deputy Sheriff may, subject to any directions of the Sheriff, exercise or perform any of the powers or functions of the Sheriff. (4) The Sheriff or a Deputy Sheriff may authorise persons to assist him or her in the exercise of any of his or her powers or the performance of any of his or her functions. 18PA Marshal (1) The Marshal of the Court is responsible for: (a) the security of the Court; and (b) the personal security of the Judges and officers and staff of the Court. (2) The Marshal of the Court is also responsible for: (a) taking, receiving and detaining all persons committed to the Marshal's custody by the Court; and (b) discharging such persons when so directed by the Court or otherwise required by law. 18PB Deputy Marshals A Deputy Marshal of the Court may, subject to any directions of the Marshal of the Court, exercise or perform any of the powers or functions of the Marshal. 18PC Authorised persons to assist the Marshal or Deputy Marshals (1) The Marshal of the Court may authorise persons to assist the Marshal in exercising powers or performing functions as the Marshal. (2) A Deputy Marshal of the Court may authorise persons to assist the Deputy Marshal in exercising powers or performing functions as the Deputy Marshal. Division 4—Miscellaneous administrative matters 18S Annual report (1) As soon as practicable after 30 June in each year, the Chief Justice must prepare a report of the management of the administrative affairs of the Court during the year. (2) A report prepared after 30 June in a year must be given to the Attorney‑General by 15 October of that year. (3) The Attorney‑General must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable. (4) A report prepared under this section may be included in a report prepared and given to the Attorney‑General under section 46 of the Public Governance, Performance and Accountability Act 2013 in relation to the listed entity referred to in section 18ZB. 18W Delegation of administrative powers of Chief Justice The Chief Justice may, in writing, delegate all or any of his or her powers under section 18A to any one or more of the Judges. 18X Proceedings arising out of the administrative affairs of Court Any judicial or other proceeding relating to a matter arising out of the management of the administrative affairs of the Court under this Part, including any proceeding relating to anything done by the Chief Executive Officer under this Part, may be instituted by or against the Commonwealth, as the case requires. 18XA Protection of persons involved in handling etc. complaints (1) In exercising powers or performing functions under paragraph 15(1AA)(c) and subsection 15(1AAA), or assisting in exercising th