Commonwealth: Judiciary Act 1903 (Cth)

Judiciary Act 1903 No. 6, 1903 Compilation No. 51 Compilation date: 11 December 2024 Includes amendments: Act No. 115, 2024 About this compilation This compilation This is a compilation of the Judiciary Act 1903 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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Interpretation 3A Extension to Territories Part III—Jurisdiction and powers of the High Court generally Division 1—Exercise of jurisdiction 15 Exercise of jurisdiction Division 2—Jurisdiction of single Justice 16 Jurisdiction other than in open court 17 State Supreme Courts invested with jurisdiction other than in open court 18 Reference to Full Court Division 3—Full Court 19 Quorum of a Full Court 20 Appeals from Judges of federal jurisdiction 21 Applications for special leave to appeal to High Court 22 Quorum for granting leave to appeal to the Queen in Council or to High Court 23 Decision in case of difference of opinion Division 4—Enforcement of process 24 Contempt 25 Powers of court to extend to whole Commonwealth Division 4A—Summary judgment 25A Summary judgment Division 5—Costs 26 Costs 27 No appeal as to costs Division 6—Defendants 28 Non‑appearance of some defendants 29 Absent defendants Part IV—Original jurisdiction of the High Court 30 Original jurisdiction conferred 31 Judgment and execution 32 Complete relief to be granted 33 Mandamus Prohibition Ouster of office 33A Awards may be made Rules of Court Part V—Appellate jurisdiction of the High Court Division 1—Appeals 34 Appeals from Justices of High Court 35 Appeal from courts of States 35AA Appeals from Supreme Court of a Territory 35A Criteria for granting special leave to appeal Division 2—Power of Court 36 New Trials 37 Form of judgment on appeal Part VI—Exclusive and invested jurisdiction 38 Matters in which jurisdiction of High Court exclusive 39 Federal jurisdiction of State Courts in other matters 39A Federal jurisdiction invested in State Courts by other provisions 39B Original jurisdiction of Federal Court of Australia Part VII—Removal of causes 40 Removal by order of the High Court 41 Proceedings after removal 42 Remittal of causes 43 Effect of interlocutory orders etc. before removal of cause 44 Remittal of matters by High Court to other courts 45 Defence in causes removed to High Court Part VIII—Enforcement of certain orders concerning court proceedings 46 Interpretation 47 Application 48 Crown to be bound 49 Contravention of order to constitute contempt 50 Reports 51 Application of this Part Part VIIIA—Legal practitioners 55A Right of barristers and solicitors admitted in federal courts to practise in those courts 55B Right to practise as barrister or solicitor in federal courts and courts exercising federal jurisdiction 55C Register of Practitioners 55E Attorney‑General's lawyers 55F Attorney‑General's lawyer may act for more than one party 55G Commonwealth may charge for services of Attorney‑General's lawyer 55H Lawyers employed by a State, the Australian Capital Territory or the Northern Territory Part VIIIB—The Australian Government Solicitor Division 1—Definitions 55I Definitions Division 2—Identity and activity of the Australian Government Solicitor 55J The Australian Government Solicitor 55N Persons and bodies for whom the AGS may provide services 55P AGS may charge for services Division 3—Capacity of AGS and AGS lawyers to act 55Q AGS lawyers 55R AGS may act for more than one party Part VIIIC—Attorney‑General's Legal Services Directions 55ZF Attorney‑General may issue directions 55ZG Compliance with Legal Services Directions 55ZH Legal Services Directions and legal professional privilege 55ZI Anything done under Legal Services Directions not actionable Part IX—Suits by and against the Commonwealth and the States 56 Suits against the Commonwealth 57 Suits by a State against the Commonwealth 58 Suits against a State in matters of federal jurisdiction 59 Suits between States 60 Injunction against a State and its officers 61 Suits by Commonwealth 62 Suits by a State 63 Service of process when Commonwealth or State is party 64 Rights of parties 65 No execution against Commonwealth or a State 66 Performance by Commonwealth or State 67 Execution by Commonwealth or State Part IXA—Suits relating to the Northern Territory 67A Interpretation 67B Suits between Commonwealth and Northern Territory 67C Jurisdiction of Supreme Court of Territory 67D Prosecution of indictable offences in Supreme Court of Territory 67E No execution against Territory 67F Effect of this Part Part X—Criminal jurisdiction Division 1A—Criminal jurisdiction of the Federal Court of Australia 67G Criminal jurisdiction of the Federal Court of Australia Division 1—Application of laws 68 Jurisdiction of State and Territory courts in criminal cases 68A Committals jurisdiction if both Federal Court of Australia and State or Territory court have jurisdiction in relation to indictable offence 68B Application of State and Territory laws if Federal Court of Australia and State or Territory court both have jurisdiction in relation to an offence 68C Adjustments to State and Territory laws applying to indictable primary proceedings before Federal Court of Australia 68D Adjustments to State and Territory laws applying to proceedings for related summary offences before Federal Court of Australia Division 2—Indictable offences 69 Indictments 70 Offences committed in several States 70A Indictable offence not committed in a State 71 Discharge of persons committed for trial 71A Trial of indictable offence without preliminary examination Division 3—Appeals 72 Reservation of points of law 73 Hearing 74 Effect of order of Full Court 75 Certain errors not to avoid conviction 76 Appeal from arrest of judgment 77 No other appeal Part XA—Procedure of the High Court Division 1—Trials 77A Trial without jury 77B Power of High Court to direct trial with jury 77C Trial of an issue and new trials 77D Juries Division 2—Evidence 77E Production of books 77F Oaths and affirmations 77G Orders and commissions for examination of witnesses 77H Oral and affidavit evidence Division 3—Defects and errors 77J Amendment 77K Formal defects not to invalidate Division 4—Reserved judgments 77L Reserved judgments Division 5—Judgment and execution 77M Enforcement of judgments 77MA Interest up to judgment 77N Interest on judgment debts 77P Interpleader 77Q Discharge of property taken in execution Division 6—Receivers and managers 77R Receivers and managers Part XAA—Suppression and non‑publication orders Division 1—Preliminary 77RA Definitions 77RB Powers of High Court not affected 77RC Other laws not affected Division 2—Suppression and non‑publication orders 77RD Safeguarding public interest in open justice 77RE Power to make orders 77RF Grounds for making an order 77RG Procedure for making an order 77RH Interim orders 77RI Duration of orders 77RJ Exception for court officials 77RK Contravention of order Part XAB—Vexatious proceedings Division 1—Preliminary 77RL Definitions 77RM Powers of the High Court not affected Division 2—Vexatious proceedings orders 77RN Making vexatious proceedings orders 77RO Notification of vexatious proceedings orders Division 3—Particular consequences of vexatious proceedings orders 77RP Proceedings in contravention of vexatious proceedings order 77RQ Application for leave to institute proceedings 77RR Dismissing application for leave 77RS Granting application for leave Part XB—Appeals to the High Court Division 1—Security 77S Security Division 2—Procedure 77T Institution of appeals 77U Stay of proceedings 77V Death of party to an appeal Part XI—Supplementary provisions Division 1—Appearance of Parties 78 Appearance of parties Division 1A—Provisions relating to Constitutional matters 78AA State includes Australian Capital Territory and Northern Territory 78A Intervention by Attorneys‑General 78B Notice to Attorneys‑General Division 2—Application of laws 79 State or Territory laws to govern where applicable 80 Common law to govern 80A Application of sections 79 and 80 to Territory courts 81 Security of the peace and for good behaviour Division 3—Venue 82 Venue in suits for penalties 83 Venue in suits for taxes 84 Venue in suits for forfeiture 85 Property seized as forfeited Division 4—Rules of Court 86 Rules of Court 88 Regulations The Schedule Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Endnote 5—Miscellaneous An Act to make provision for the Exercise of the Judicial Power of the Commonwealth Part I—Preliminary 1 Short title This Act may be cited as the Judiciary Act 1903. 2 Interpretation In this Act, unless the contrary intention appears: AGS has the meaning given by section 55J. Appeal includes an application for a new trial and any proceeding to review or call in question the proceedings decision or jurisdiction of any Court or Judge. Cause includes any suit, and also includes criminal proceedings. Chief Justice includes a Justice for the time being performing the duties and exercising the powers of the Chief Justice. Defendant includes any person against whom any relief is sought in a matter or who is required to attend the proceedings in a matter as a party thereto. examination and commitment for trial on indictment includes commitment for trial on indictment. Judgment includes any judgment decree order or sentence. Justice means a Justice of the High Court and includes the Chief Justice. legal practitioner means a person entitled, under an Act or a law of a State or Territory, to practise as one of the following: (a) a legal practitioner; (b) a barrister; (c) a solicitor; (d) a barrister and solicitor. Matter includes any proceeding in a Court, whether between parties or not, and also any incidental proceeding in a cause or matter. Plaintiff includes any person seeking any relief against any other person by any form of proceeding in a Court. related summary offence has the meaning given by subsection 67G(3). Suit includes any action or original proceeding between parties. 3A Extension to Territories This Act extends to all the Territories. Part III—Jurisdiction and powers of the High Court generally Division 1—Exercise of jurisdiction 15 Exercise of jurisdiction The jurisdiction of the High Court may, subject to the provisions of this Act, be exercised by any one or more Justices sitting in open Court. Division 2—Jurisdiction of single Justice 16 Jurisdiction other than in open court The jurisdiction of the High Court may be exercised by a Justice sitting other than in open court in the cases following: (a) Applications relating to the conduct of a cause or matter; (b) Applications relating to the custody management or preservation of property, or to the sale of property and the disposition of the purchase money; (c) Applications for orders or directions as to any matter which by this Act or by Rules of Court is made subject to the direction of a Justice sitting other than in open court; (d) Any other applications which by this or any Act or by Rules of Court are authorized to be made to a Justice sitting other than in open court. But on the application of either party the Justice may order the application to be adjourned into Court and heard in open Court. 17 State Supreme Courts invested with jurisdiction other than in open court (1) In any matter pending in the High Court, not being a matter in which the High Court has exclusive jurisdiction, the Supreme Court of a State shall be invested with federal jurisdiction to hear and determine any applications which may be made to a Justice of the High Court sitting other than in open court. (2) Such jurisdiction may be exercised by a single Judge of the Supreme Court sitting in Chambers or otherwise, and the order of the Judge shall have the effect of an order of a Justice of the High Court sitting other than in open court. 18 Reference to Full Court Any Justice of the High Court sitting alone, whether in Court or otherwise, may state any case or reserve any question for the consideration of a Full Court, or may direct any case or question to be argued before a Full Court, and a Full Court shall thereupon have power to hear and determine the case or question. Division 3—Full Court 19 Quorum of a Full Court Except as hereinafter provided, a Full Court may be constituted by any two or more Justices of the High Court sitting together. 20 Appeals from Judges of federal jurisdiction The jurisdiction of the High Court to hear and determine appeals from judgments: (a) of a Justice of the High Court exercising the original jurisdiction of the High Court; or (b) of the Supreme Court of a State exercising federal jurisdiction when such jurisdiction is exercised by a single Judge; or (c) of any other court exercising federal jurisdiction; or (d) of the Inter‑State Commission; and to hear and determine applications for a new trial of any cause or matter, after a trial before any such Justice or any such Court exercising federal jurisdiction, shall be exercised by a Full Court. 21 Applications for special leave to appeal to High Court (1) Applications for special leave to appeal to the High Court from a judgment of another court may be heard and determined by a single Justice or by a Full Court and the Rules of Court may provide for enabling such applications to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing. Quorum of Justices on appeals from State Supreme Courts (2) The jurisdiction of the High Court to hear and determine appeals from judgments of the Supreme Court of a State sitting as a Full Court, shall be exercised by a Full Court consisting of not less than three Justices. (3) The reference in subsection (2) to the Supreme Court of a State sitting as a Full Court shall be read as a reference to the Supreme Court of a State when constituted by 2 or more Judges, and includes the Supreme Court of a State when so constituted for the purpose of sitting as the Court of Appeal of the State. 22 Quorum for granting leave to appeal to the Queen in Council or to High Court Applications to the High Court for a certificate that a question as to the limits inter se of the Constitutional powers of the Commonwealth and those of any State or States, or as to the limits inter se of the Constitutional powers of any two or more States, which has been decided by the High Court, is one which ought to be determined by the Queen in Council, shall be heard and determined by a Full Court consisting of not less than three Justices. 23 Decision in case of difference of opinion (1) A Full Court consisting of less than all the Justices shall not give a decision on a question affecting the constitutional powers of the Commonwealth, unless at least three Justices concur in the decision. (2) Subject to the last preceding subsection, when the Justices sitting as a Full Court are divided in opinion as to the decision to be given on any question, the question shall be decided according to the decision of the majority, if there is a majority; but if the Court is equally divided in opinion: (a) in the case where a decision of a Justice of the High Court (whether acting as a Justice of the High Court or in some other capacity), a decision of a Supreme Court of a State or Territory or a Judge of such a Court, a decision of the Federal Court of Australia or a Judge of that Court or a decision of the Federal Circuit and Family Court of Australia (Division 1) or a Judge of that Court is called in question by appeal or otherwise, the decision appealed from shall be affirmed; and (b) in any other case, the opinion of the Chief Justice, or if he or she is absent the opinion of the Senior Justice present, shall prevail. Division 4—Enforcement of process 24 Contempt The High Court shall have the same power to punish contempts of its power and authority as is possessed at the commencement of this Act by the Supreme Court of Judicature in England. 25 Powers of court to extend to whole Commonwealth The process of the High Court shall run, and the judgments and orders of the High Court shall have effect and may be executed, throughout the Commonwealth. Division 4A—Summary judgment 25A Summary judgment (1) The High Court may give judgment for one party against another in relation to the whole or any part of a proceeding if: (a) the first party is prosecuting the proceeding or that part of the proceeding; and (b) the Court is satisfied that the other party has no reasonable prospect of successfully defending the proceeding or that part of the proceeding. (2) The High Court may give judgment for one party against another in relation to the whole or any part of a proceeding if: (a) the first party is defending the proceeding or that part of the proceeding; and (b) the Court is satisfied that the other party has no reasonable prospect of successfully prosecuting the proceeding or that part of the proceeding. (3) For the purposes of this section, a defence or a proceeding or part of a proceeding need not be: (a) hopeless; or (b) bound to fail; for it to have no reasonable prospect of success. (4) This section does not limit any powers that the High Court has apart from this section. Division 5—Costs 26 Costs The High Court and every Justice thereof sitting other than in open court shall have jurisdiction to award costs in all matters brought before the Court, including matters dismissed for want of jurisdiction. 27 No appeal as to costs An appeal shall not lie to the High Court from a decision of a Justice of the Court, or from a decision of the Supreme Court of a State exercising federal jurisdiction, with respect to costs which are in the discretion of the Court, except by leave of the Justice or Court. Division 6—Defendants 28 Non‑appearance of some defendants When there are several defendants in any cause pending in the High Court, if any defendant is not served with process and does not voluntarily appear, the Court may nevertheless entertain the cause and proceed to hear and determine it between the parties who are properly before the Court; but the judgment given in the cause shall not conclude or prejudice other parties who are not regularly served with process and do not voluntarily submit to the jurisdiction of the Court. 29 Absent defendants When, in any suit of which the High Court has original jurisdiction, any defendant is not a resident of or found within the Commonwealth, and does not voluntarily appear in the suit, the Court may nevertheless proceed to exercise its jurisdiction after such notice to the defendant and upon such terms as are prescribed by Rules of Court. Part IV—Original jurisdiction of the High Court 30 Original jurisdiction conferred In addition to the matters in which original jurisdiction is conferred on the High Court by the Constitution, the High Court shall have original jurisdiction: (a) in all matters arising under the Constitution or involving its interpretation; and (c) in trials of indictable offences against the laws of the Commonwealth. 31 Judgment and execution The High Court in the exercise of its original jurisdiction may make and pronounce all such judgments as are necessary for doing complete justice in any cause or matter pending before it, and may for the execution of any such judgment in any part of the Commonwealth direct the issue of such process, whether in use in the Commonwealth before the commencement of this Act or not, as is permitted or prescribed by this or any Act or by Rules of Court. 32 Complete relief to be granted The High Court in the exercise of its original jurisdiction in any cause or matter pending before it, whether originated in the High Court or removed into it from another Court, shall have power to grant, and shall grant, either absolutely or on such terms and conditions as are just, all such remedies whatsoever as any of the parties thereto are entitled to in respect of any legal or equitable claim properly brought forward by them respectively in the cause or matter; so that as far as possible all matters in controversy between the parties regarding the cause of action, or arising out of or connected with the cause of action, may be completely and finally determined, and all multiplicity of legal proceedings concerning any of such matters may be avoided. 33 Mandamus Prohibition Ouster of office (1) The High Court may make orders or direct the issue of writs: (a) commanding the performance by any court invested with federal jurisdiction, of any duty relating to the exercise of its federal jurisdiction; or (b) requiring any court to abstain from the exercise of any federal jurisdiction which it does not possess; or (c) commanding the performance of any duty by any person holding office under the Commonwealth; or (d) removing from office any person wrongfully claiming to hold any office under the Commonwealth; or (e) of mandamus; or (f) of habeas corpus. (2) This section shall not be taken to limit by implication the power of the High Court to make any order or direct the issue of any writ. 33A Awards may be made Rules of Court The High Court may by order direct that an award in an arbitration in respect of any matter over which the High Court has original jurisdiction, or in respect of which original jurisdiction may be conferred upon the High Court, shall be a Rule of the High Court. Part V—Appellate jurisdiction of the High Court Division 1—Appeals 34 Appeals from Justices of High Court (1) The High Court shall, except as provided by this Act, have jurisdiction to hear and determine appeals from all judgments whatsoever of any Justice or Justices, exercising the original jurisdiction of the High Court whether in Court or otherwise. (2) An appeal shall not be brought without the leave of the High Court from an interlocutory judgment of a Justice or Justices exercising the original jurisdiction of the High Court whether in Court or otherwise. 35 Appeal from courts of States (1) The jurisdiction of the High Court to hear and determine appeals from: (a) judgments of the Supreme Court of a State, whether given or pronounced in the exercise of federal jurisdiction or otherwise; or (b) judgments of any other court of a State given or pronounced in the exercise of federal jurisdiction; whether in civil or criminal matters, is subject to the exceptions and regulations prescribed by this section. (2) An appeal shall not be brought from a judgment, whether final or interlocutory, referred to in subsection (1) unless the High Court gives special leave to appeal. (5) The foregoing provisions of this section have effect subject to any special provision made by an Act other than this Act, whether passed before or after the commencement of this section, preventing or permitting appeals from the Supreme Courts of the States in particular matters. 35AA Appeals from Supreme Court of a Territory (1) Subject to subsections (2) and (3), the High Court has jurisdiction to hear and determine appeals from judgments of the Supreme Court of a Territory. (2) An appeal shall not be brought from a judgment, whether final or interlocutory, referred to in subsection (1) unless the High Court gives special leave to appeal. (2A) An appeal may not be brought to the High Court from a judgment of the Supreme Court of the Australian Capital Territory given after the commencement of this subsection when that Court is known as the Court of Disputed Elections under subsection 252(1) of the Electoral Act 1992 of that Territory. (3) Subsection (1) has effect subject to any special provision made by an Act other than this Act, whether passed before or after the commencement of this section, preventing or permitting appeals from the Supreme Court of a Territory. 35A Criteria for granting special leave to appeal In considering whether to grant an application for special leave to appeal to the High Court under this Act or under any other Act, the High Court may have regard to any matters that it considers relevant but shall have regard to: (a) whether the proceedings in which the judgment to which the application relates was pronounced involve a question of law: (i) that is of public importance, whether because of its general application or otherwise; or (ii) in respect of which a decision of the High Court, as the final appellate court, is required to resolve differences of opinion between different courts, or within the one court, as to the state of the law; and (b) whether the interests of the administration of justice, either generally or in the particular case, require consideration by the High Court of the judgment to which the application relates. Division 2—Power of Court 36 New Trials The High Court in the exercise of its appellate jurisdiction shall have power to grant a new trial in any cause in which there has been a trial whether with or without a jury. 37 Form of judgment on appeal The High Court in the exercise of its appellate jurisdiction may affirm reverse or modify the judgment appealed from, and may give such judgment as ought to have been given in the first instance, and if the cause is not pending in the High Court may in its discretion award execution from the High Court or remit the cause to the Court from which the appeal was brought for the execution of the judgment of the High Court; and in the latter case it shall be the duty of that Court to execute the judgment of the High Court in the same manner as if it were its own judgment. Part VI—Exclusive and invested jurisdiction 38 Matters in which jurisdiction of High Court exclusive Subject to sections 39B and 44, the jurisdiction of the High Court shall be exclusive of the jurisdiction of the several Courts of the States in the following matters: (a) matters arising directly under any treaty; (b) suits between States, or between persons suing or being sued on behalf of different States, or between a State and a person suing or being sued on behalf of another State; (c) suits by the Commonwealth, or any person suing on behalf of the Commonwealth, against a State, or any person being sued on behalf of a State; (d) suits by a State, or any person suing on behalf of a State, against the Commonwealth or any person being sued on behalf of the Commonwealth; (e) matters in which a writ of mandamus or prohibition is sought against an officer of the Commonwealth or a federal court. Note: Under the Jurisdiction of Courts (Cross‑vesting) Act 1987, State Supreme Courts are, with some exceptions and limitations, invested with the same civil jurisdiction as the Federal Court has, including jurisdiction under section 39B of this Act. 39 Federal jurisdiction of State Courts in other matters (1) The jurisdiction of the High Court, so far as it is not exclusive of the jurisdiction of any Court of a State by virtue of section 38, shall be exclusive of the jurisdiction of the several Courts of the States, except as provided in this section. (2) The several Courts of the States shall within the limits of their several jurisdictions, whether such limits are as to locality, subject‑matter, or otherwise, be invested with federal jurisdiction, in all matters in which the High Court has original jurisdiction or in which original jurisdiction can be conferred upon it, except as provided in section 38, and subject to the following conditions and restrictions: (a) A decision of a Court of a State, whether in original or in appellate jurisdiction, shall not be subject to appeal to Her Majesty in Council, whether by special leave or otherwise. Special leave to appeal from decisions of State Courts though State law prohibits appeal (c) The High Court may grant special leave to appeal to the High Court from any decision of any Court or Judge of a State notwithstanding that the law of the State may prohibit any appeal from such Court or Judge. 39A Federal jurisdiction invested in State Courts by other provisions (1) The federal jurisdiction with which a Court of a State is invested by or under any Act, whether the investing occurred or occurs before or after the commencement of this section, including federal jurisdiction invested by a provision of this Act other than the last preceding section: (a) shall be taken to be invested subject to the provisions of paragraph (a) of subsection (2) of the last preceding section; and (b) shall be taken to be invested subject to paragraph 39(2)(c) (whether or not the jurisdiction is expressed to be invested subject to that paragraph), so far as it can apply and is not inconsistent with a provision made by or under the Act by or under which the jurisdiction is invested; in addition to any other conditions or restrictions subject to which the jurisdiction is expressed to be invested. (2) Nothing in this section or the last preceding section, or in any Act passed before the commencement of this section, shall be taken to prejudice the application of any of sections 72 to 77 (inclusive) in relation to jurisdiction in respect of indictable offences. 39B Original jurisdiction of Federal Court of Australia Scope of original jurisdiction (1) Subject to subsections (1B), (1C) and (1EA), the original jurisdiction of the Federal Court of Australia includes jurisdiction with respect to any matter in which a writ of mandamus or prohibition or an injunction is sought against an officer or officers of the Commonwealth. (1A) The original jurisdiction of the Federal Court of Australia also includes jurisdiction in any matter: (a) in which the Commonwealth is seeking an injunction or a declaration; or (b) arising under the Constitution, or involving its interpretation; or (c) arising under any laws made by the Parliament, other than a matter in respect of which a criminal prosecution is instituted or any other criminal matter. Note: Section 67G of this Act, along with certain other laws of the Commonwealth, confer criminal jurisdiction on the Federal Court of Australia. Jurisdiction for certain writs that relate to criminal prosecutions etc. (1B) If a decision to prosecute a person for an offence against a law of the Commonwealth, a State or a Territory has been made by an officer or officers of the Commonwealth and the prosecution is proposed to be commenced in a court of a State or Territory: (a) the Federal Court of Australia does not have jurisdiction with respect to any matter in which a person seeks a writ of mandamus or prohibition or an injunction against the officer or officers in relation to that decision; and (b) the Supreme Court of the State or Territory in which the prosecution is proposed to be commenced is invested with, or has conferred on it, jurisdiction with respect to any such matter. (1C) Subject to subsection (1D), at any time when: (a) a prosecution for an offence against a law of the Commonwealth, a State or a Territory is before a court of a State or Territory; or (b) an appeal arising out of such a prosecution is before a court of a State or Territory; the following apply: (c) the Federal Court of Australia does not have jurisdiction with respect to any matter in which the person who is or was the defendant in the prosecution seeks a writ of mandamus or prohibition or an injunction against an officer or officers of the Commonwealth in relation to a related criminal justice process decision; (d) the Supreme Court of the State or Territory in which the prosecution or appeal is before a court is invested with, or has conferred on it, jurisdiction with respect to any such matter. (1D) Subsection (1C) does not apply where a person has applied for a writ of mandamus or prohibition, or an injunction, against an officer or officers of the Commonwealth in relation to a related criminal justice process decision before the commencement of a prosecution for an offence against a law of the Commonwealth, or of a State or a Territory. (1E) Where subsection (1D) applies, the prosecutor may apply to the court for a permanent stay of the proceedings referred to in that subsection, and the court may grant such a stay if the court determines that: (a) the matters the subject of the proceedings are more appropriately dealt with in the criminal justice process; and (b) a stay of proceedings will not substantially prejudice the person. Jurisdiction for certain writs that relate to civil proceedings (1EA) If: (a) a civil proceeding is before the Federal Circuit and Family Court of Australia or a court of a State or Territory; or (b) an appeal arising out of such a proceeding is before the Federal Circuit and Family Court of Australia (Division 1) or a court of a State or Territory; the following apply: (c) the Federal Court of Australia does not have jurisdiction with respect to any matter in which a person who is or was a party to the proceeding seeks a writ of mandamus or prohibition or an injunction against an officer or officers of the Commonwealth in relation to a related civil proceeding decision; (d) the following court is invested with, or has conferred on it, jurisdiction with respect to any such matter: (i) if the civil proceeding or appeal is before the Federal Circuit and Family Court of Australia (Division 1)—that court; or (ii) if the civil proceeding or appeal is before the Federal Circuit and Family Court of Australia (Division 2)—that court; or (iii) if the civil proceeding or appeal is before a court of a State or Territory—the Supreme Court of the State or Territory. Jurisdictional rules to apply despite any other law (1F) Subsections (1B), (1C), (1D), (1E) and (1EA) have effect despite anything in any other law. In particular: (a) neither the Jurisdiction of Courts (Cross‑vesting) Act 1987, nor any other law, has the effect of giving the Federal Court of Australia jurisdiction contrary to subsection (1B), (1C) or (1EA); and (b) neither section 9 of the Administrative Decisions (Judicial Review) Act 1977, nor any other law, has the effect of removing from the Supreme Court of a State or Territory the jurisdiction given to that Court by subsection (1B), (1C) or (1EA). References to officer or officers of the Commonwealth (2) The reference in subsection (1), (1B), (1C) or (1D) to an officer or officers of the Commonwealth does not include a reference to a Judge or Judges of the Federal Circuit and Family Court of Australia (Division 1). Definitions (3) In this section: civil proceeding has the same meaning as in the National Security Information (Criminal and Civil Proceedings) Act 2004. 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). related civil proceeding decision, in relation to a civil proceeding, means: (a) a decision of the Attorney‑General to give: (i) notice under section 6A of the National Security Information (Criminal and Civil Proceedings) Act 2004 in relation to the proceeding; or (ii) a certificate under section 38F or 38H of that Act in relation to the proceeding; or (b) a decision of the Minister appointed by the Attorney‑General under section 6A of that Act to give: (i) notice under section 6A of that Act in relation to the proceeding; or (ii) a certificate under section 38F or 38H of that Act in relation to the proceeding. related criminal justice process decision, in relation to an offence, means: (a) a decision (other than a decision to prosecute) made in the criminal justice process in relation to the offence, including: (i) a decision in connection with the investigation, committal for trial or prosecution of the defendant; and (ii) a decision in connection with the appointment of investigators or inspectors for the purposes of such an investigation; and (iii) a decision in connection with the issue of a warrant, including a search warrant or a seizure warrant; and (iv) a decision requiring the production of documents, the giving of information or the summoning of persons as witnesses; and (v) a decision in connection with an appeal arising out of the prosecution; or (b) a decision of the Attorney‑General to give a certificate under section 26 or 28 of the National Security Information (Criminal and Civil Proceedings) Act 2004 before or during a federal criminal proceeding (within the meaning of that Act) in relation to the offence. Part VII—Removal of causes 40 Removal by order of the High Court (1) Any cause or part of a cause arising under the Constitution or involving its interpretation that is at any time pending in a federal court other than the High Court or in a court of a State or Territory may, at any stage of the proceedings before final judgment, be removed into the High Court under an order of the High Court, which may, upon application of a party for sufficient cause shown, be made on such terms as the Court thinks fit, and shall be made as of course upon application by or on behalf of the Attorney‑General of the Commonwealth, the Attorney‑General of a State, the Attorney‑General of the Australian Capital Territory or the Attorney‑General of the Northern Territory. (2) Where: (a) a cause is at any time pending in a federal court other than the High Court or in a court of a Territory; or (b) there is at any time pending in a court of a State a cause involving the exercise of federal jurisdiction by that court; the High Court may, upon application of a party or upon application by or on behalf of the Attorney‑General of the Commonwealth, at any stage of the proceedings before final judgment, order that the cause or a part of the cause be removed into the High Court on such terms as the Court thinks fit. (3) Subject to the Constitution, jurisdiction to hear and determine a cause or part of a cause removed into the High Court by an order under subsection (2), to the extent that that jurisdiction is not otherwise conferred on the High Court, is conferred on the High Court by this section. (4) The High Court shall not make an order under subsection (2) unless: (a) all parties consent to the making of the order; or (b) the Court is satisfied that it is appropriate to make the order having regard to all the circumstances, including the interests of the parties and the public interest. (5) Where an order for removal is made under subsection (1) or (2), the proceedings in the cause and such documents, if any, relating to the cause as are filed of record in the court in which the cause was pending, or, if part only of a cause is removed, a certified copy of those proceedings and documents, shall be transmitted by the Registrar or other proper officer of that court to the Registry of the High Court. 41 Proceedings after removal When a cause or part of a cause is removed into the High Court under section 40, further proceedings in that cause or part of a cause shall be as directed by the High Court. 42 Remittal of causes (1) Where a cause or part of a cause is removed into the High Court under section 40, the High Court may, at any stage of the proceedings, remit the whole or a part of that cause or part of a cause to the court from which it was removed, with such directions to that court as the High Court thinks fit. (2) Where it appears to the High Court that the High Court does not have original jurisdiction, whether by virtue of subsection (3) of section 40 or otherwise, in a cause or part of a cause that has been removed into the High Court under section 40, the High Court shall proceed no further in the cause or part of a cause but shall remit it to the court from which it was removed. 43 Effect of interlocutory orders etc. before removal of cause Where a cause is removed in whole or in part into the High Court from another court: (a) every order relating to the custody or preservation of any property the subject‑matter of the cause that has been made before the removal remains in force until it is discharged or varied by the High Court; (b) any attachment or sequestration of the goods or estate of a defendant had in the cause before the removal holds the goods or estate so attached or sequestered to answer the final judgment of the High Court in the same manner as by law they would have been held to answer the final judgment of the court in which the cause was commenced; (c) all undertakings or security given by any party in the cause before the removal remain valid and effectual; and (d) all injunctions, orders and other proceedings granted, made or taken in the cause before the removal remain in full force and effect until the High Court otherwise orders. 44 Remittal of matters by High Court to other courts (1) Any matter other than a matter to which subsection (2) applies that is at any time pending in the High Court, whether originally commenced in the High Court or not, or any part of such a matter, may, upon the application of a party or of the High Court's own motion, be remitted by the High Court to any federal court, court of a State or court of a Territory that has jurisdiction with respect to the subject‑matter and the parties, and, subject to any directions of the High Court, further proceedings in the matter or in that part of the matter, as the case may be, shall be as directed by the court to which it is remitted. (2) Where a matter referred to in paragraph 38(a), (b), (c) or (d) is at any time pending in the High Court, the High Court may, upon the application of a party or of the High Court's own motion, remit the matter, or any part of the matter, to the Federal Court of Australia or any court of a State or Territory. (2A) Where a matter in which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party is at any time pending in the High Court, the High Court may, upon the application of a party or of the High Court's own motion, remit the matter, or any part of the matter, to the Federal Court of Australia. (3) Where the High Court remits a matter, or any part of a matter, under subsection (2) or (2A) to a court: (a) that court has jurisdiction in the matter, or in that part of the matter, as the case may be; and (b) subject to any directions of the High Court, further proceedings in the matter, or in that part of the matter, as the case may be, shall be as directed by that court. (4) The High Court may remit a matter, or any part of a matter, under this section without an oral hearing. 45 Defence in causes removed to High Court When a cause is removed in whole or in part from any court into the High Court, the defendant may set up by way of defence any matter that he or she might have set up if the cause had been commenced in the High Court, notwithstanding that the court from which the cause was removed did not have jurisdiction to entertain the matter of defence or could not entertain it in the same cause. Part VIII—Enforcement of certain orders concerning court proceedings 46 Interpretation 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. 47 Application 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. 48 Crown to be bound This Part binds the Crown in right of the Commonwealth, of each of the States and of the Northern Territory. 49 Contravention of order to constitute contempt (1) If a court makes an order to which this subsection 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 subsection, an order referred to in subsection (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) Subsection (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 subsection (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. 50 Reports (1) Subject to subsection (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 or her knowledge, orders referred to in subsection 49(1) were made during the year that ended on that date; and (b) particulars of those proceedings, including particulars of the judgments. (2) Subsection (1) does not require the making of a report in terms that would be inconsistent with any order referred to in subsection 49(1). 51 Application of this Part 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. Part VIIIA—Legal practitioners 55A Right of barristers and solicitors admitted in federal courts to practise in those courts A person who has been admitted to practise as a barrister or solicitor, or as both, under rules made in pursuance of paragraph (ga) of section 86 of this Act is, subject to those rules, entitled to practise in any federal court as a barrister or solicitor, or as both, as the case may be. 55B Right to practise as barrister or solicitor in federal courts and courts exercising federal jurisdiction (1) Subject to this section, a person who: (a) is for the time being entitled to practise as a barrister or solicitor, or as both, in the Supreme Court of a State; or (b) is for the time being entitled, under a law (including this Act) in force in a Territory, to practise as a barrister or solicitor, or as both, in the Supreme Court of that Territory; has the like entitlement to practise in any federal court. (2) A person is not entitled to practise in a federal court as a solicitor by reason of paragraph (b) of the last preceding subsection unless: (a) he or she has been admitted to practise as a solicitor or legal practitioner by the Supreme Court of the Territory; or (b) he or she practises as a solicitor in the Territory and his or her sole or principal place of business as a solicitor is in the Territory. (3) A person is not entitled to practise as a barrister or solicitor in a federal court by reason of subsection (1) unless his or her name appears in the Register of Practitioners kept in accordance with the next succeeding section as a person entitled to practise in that capacity. (4) A person who is, under subsection (1), entitled to practise as a barrister or solicitor, or both, in any federal court has a right of audience: (a) in any court of a State in relation to the exercise by the court of federal jurisdiction; and (b) in any court of an internal Territory in relation to the exercise by the court of federal‑type jurisdiction. (5) The Chief Justice of the Supreme Court of a State or an internal Territory may direct the Registrar or other proper officer of that Supreme Court to keep a Register of Practitioners for the purposes of subsection (4) and, where such a Register is kept in a State or Territory, a person is not entitled, in a court of that State or Territory, to the right of audience referred to in subsection (4) unless he or she is registered in that Register. (6) Where a Register is kept in a State or Territory in accordance with subsection (5), a person who satisfies the Registrar or other officer keeping the Register that he or she is a person referred to in subsection (4) is entitled to be registered in that Register. (7) Where it is proved to the satisfaction of the Supreme Court of a State or Territory constituted by 2 or more Judges that a person who is registered in the Register kept in that State or Territory in accordance with subsection (5) has been guilty of conduct that justifies it in so doing, the Supreme Court may order that person's registration be cancelled or be suspended for a specified period, but the Supreme Court may, at any time, order that the registration of the person be restored or that the suspension be terminated. (8) The Registrar or other proper officer of the Supreme Court shall make such alterations and notations in a Register kept by him or her as are required by reason of orders of the Supreme Court under subsection (7). (9) Notwithstanding subsection (6), where the registration of a person has been cancelled in accordance with subsection (7) and has not been restored, or is for the time being suspended, that person is not entitled again to be registered in the Register except pursuant to an order under subsection (7). (10) In this section: federal‑type jurisdiction, in relation to a court of an internal Territory, means jurisdiction conferred on the court by or under a law of the Commonwealth, but does not include jurisdiction conferred on the court under an Act providing for the acceptance, administration or government of that Territory. 55C Register of Practitioners (1) For the purposes of section 55B, the Chief Executive and Principal Registrar of the High Court shall cause a Register of Practitioners to be kept at the Registry of the High Court. (2) Where it is shown to the satisfaction of the Chief Executive and Principal Registrar that a person would, but for subsection (3) of the last preceding section, be for the time being entitled by reason of that section to practise as a barrister or solicitor, or as both, in federal courts, the Chief Executive and Principal Registrar shall cause the name of the person, and the capacity in which he or she is to be entitled to practise, to be entered in the Register of Practitioners. (3) Where, otherwise than by reason of an order by the High Court under subsection (5), the Chief Executive and Principal Registrar is satisfied that a person whose name appears in the Register of Practitioners: (a) is not for the time being entitled by reason of the last preceding section: (i) to practise in federal courts; or (ii) to practise in federal courts in a capacity specified in the Register; or (b) would, but for subsection (3) of the last preceding section, be for the time being entitled by reason of that section to practise in federal courts in a capacity not specified in the Register; the Chief Executive and Principal Registrar shall cause the particulars in the Register in relation to the person to be struck out or amended, as the case requires. (4) Where the Chief Executive and Principal Registrar is satisfied that a person whose name appears in the Register of Practitioners has died, the Chief Executive and Principal Registrar shall cause the particulars in the Register in relation to the person to be struck out. (5) Where it is proved to the satisfaction of the High Court that a person whose name appears in the Register of Practitioners has been guilty of conduct that justifies it in so doing, the High Court may: (a) order that the person be not entitled to practise in federal courts and that his or her name be struck off the Register; or (b) order that the person's entitlement to practise in federal courts be suspended for a specified period; but the High Court may at any time, by order, revoke or vary such an order. (6) Where the High Court makes an order under the last preceding subsection, the Chief Executive and Principal Registrar shall cause such entries or amendments to be made in the Register of Practitioners as are necessary to give effect to, or show the effect of, the order. (7) Where the Chief Executive and Principal Registrar causes an entry to be made in the Register of Practitioners, or causes an entry in the Register to be struck out or amended, the Registrar shall cause the ground on which, and the date upon which, the entry is so made, struck out or amended to be noted in the Register. 55E Attorney‑General's lawyers (1) In this section and in sections 55F and 55G: Attorney‑General's lawyer means a person: (a) whose name is on: (i) the roll of barristers and solicitors of the High Court kept under the Rules of Court; or (ii) the roll of barristers, solicitors, barristers and solicitors or legal practitioners of the Supreme Court of a State or Territory; and (b) who is either: (i) the Secretary of the Attorney‑General's Department; or (ii) a person in the Attorney‑General's Department who is engaged under the Public Service Act 1999. (2) An Attorney‑General's lawyer acting in that capacity is entitled: (a) to do everything necessary or convenient for that purpose; and (b) to practise as a barrister, solicitor, or barrister and solicitor in any court and in any State or Territory; and (c) to all the rights and privileges of so practising; whether or not he or she is so entitled apart from this subsection. (3) An Attorney‑General's lawyer acting in that capacity in a State or Territory is not subject to a law of a State or Territory that relates to legal practitioners except to the extent that such laws: (a) impose rights, duties or obligations on legal practitioners in relation to their clients or to the courts; or (b) provide for disciplinary proceedings in relation to the misconduct of legal practitioners. (4) Subsection (3) is subject to subsection (6) and to section 55F (Attorney‑General's lawyer may act for more than one party). (5) In considering the nature of the rights, duties and obligations of an Attorney‑General's lawyer in relation to a client, regard must be had to the lawyer's position as a person in the Attorney‑General's Department engaged under the Public Service Act 1999. (6) An Attorney‑General's lawyer acting in that capacity is not subject to a law of a State or Territory that is prescribed for the purposes of this section. 55F Attorney‑General's lawyer may act for more than one party An Attorney‑General's lawyer may act in a matter for 2 or more parties who have conflicting interests in the matter if to do so has been approved by the Attorney‑General: (a) by way of approval in relation to the particular matter; or (b) by way of written arrangements covering the circumstances in which an Attorney‑General's lawyer may so act. 55G Commonwealth may charge for services of Attorney‑General's lawyer (1) The Commonwealth may charge fees: (a) in relation to services of a legal professional nature provided by an Attorney‑General's lawyer in his or her capacity as a person in the Attorney‑General's Department engaged under the Public Service Act 1999; and (b) for disbursements incurred by the Commonwealth in the course of providing those services. (2) If the Commonwealth has charged a client an amount under subsection (1), the amount may be recovered by the client as costs incurred by the client. 55H Lawyers employed by a State, the Australian Capital Territory or the Northern Territory (1) If: (a) services of a legal professional nature are provided to a person or body (the client) by an officer of, or a person employed in, a Government Department of a State, of the Australian Capital Territory or of the Northern Territory in his or her capacity as such an officer or employee in the course of acting for the client in proceedings in a federal court or in a tribunal established by a law of the Commonwealth; and (b) the Department charges the client for any of the services or for disbursements incurred in connection with any of the services; the amount charged may be recovered by the client as costs incurred by the client in the proceedings. (2) If an amount charged as mentioned in paragraph (1)(b) is not an amount of disbursement then, for the following purposes: (a) an application to a federal court, or to a tribunal established by a law of the Commonwealth, for the award of costs; (b) the taxation of those costs; (c) the recovery of those costs by the client; the amount charged is taken to have been paid by the client. Part VIIIB—The Australian Government Solicitor Division 1—Definitions 55I Definitions In this Part, unless the contrary intention appears: AGS lawyer means: (a) the AGS; or (b) a person: (i) whose name is on the roll of barristers and solicitors of the High Court kept under the Rules of Court, or the roll of barristers, solicitors, barristers and solicitors or legal practitioners of the Supreme Court of a State or Territory; and (ii) who is a person in the Attorney‑General's Department who is engaged under the Public Service Act 1999; and (iii) who ordinarily performs work for clients of the AGS under the supervision or direction of the AGS. company means a body corporate that is incorporated, or taken to be incorporated, under the Corporations Act 2001. State includes the Australian Capital Territory and the Northern Territory. Territory does not include the Australian Capital Territory or the Northern Territory. Division 2—Identity and activity of the Australian Government Solicitor 55J The Australian Government Solicitor (1) There is to be an Australian Government Solicitor (the AGS). (2) The AGS must be a person: (a) whose name is on: (i) the roll of barristers and solicitors of the High Court kept under the Rules of Court; or (ii) the roll of barristers, solicitors, barristers and solicitors or legal practitioners of the Supreme Court of a State or Territory; and (b) who is a person in the Attorney‑General's Department who is engaged under the Public Service Act 1999. 55N Persons and bodies for whom the AGS may provide services (1) The AGS may provide legal services and related services to or for the following: (a) the Commonwealth; (b) a person suing or being sued on behalf of the Commonwealth; (c) a Minister of the Commonwealth; (d) a body established by an Act or regulations or by a law of a Territory; (e) an officer of, or a person employed by: (i) the Commonwealth; or (ii) a body established by an Act or regulations or by a law of a Territory; (f) a person holding office under an Act or a law of a Territory; (g) a member of the Defence Force; (h) a company in which the Commonwealth has a controlling interest (including a company in which the Commonwealth has a controlling interest through one or more interposed Commonwealth authorities or Commonwealth companies); (i) a person who has at any time been a person referred to in paragraph (c), (e), (f) or (g). Note: For Territory see subsection (5). (2) The AGS may provide legal services and related services to or for the following persons and bodies if the AGS receives a request to do so from the executive government of the State concerned: (a) a State; (b) a person suing or being sued on behalf of a State; (c) a Minister for a State; (d) a body established by a law of a State; (e) a person employed by: (i) a State; or (ii) a body established by a law of a State; (f) a person holding office under a law of a State; (g) a company in which a State has a controlling interest (including a company in which the State has a controlling interest through one or more interposed State authorities or State companies). Note: For State see section 55I. (3) The AGS may provide legal services and related services to or for a person or body, or class of persons or bodies, not referred to in subsection (1) or (2) if the Attorney‑General requests the AGS to do so. (4) The AGS may provide legal services and related services to or for a person or body, or class of persons or bodies, not referred to in subsection (1) or (2) if the AGS so determines. (4A) The AGS may provide services under subsection (3) or (4) only for a purpose for which the Commonwealth has power to make laws. (5) In this section: Territory does not include the Australian Capital Territory or the Northern Territory. 55P AGS may charge for services (1) The AGS may, on behalf of the Commonwealth, charge fees: (a) in relation to services provided by the AGS in accordance with section 55N; and (b) for disbursements incurred by the AGS in the course of providing those services. (2) If the AGS has charged a client an amount under subsection (1), the amount may be recovered by the client as costs incurred by the client. (3) A fee charged under subsection (1): (a) is a debt due to the Commonwealth; and (b) is recoverable by the Commonwealth in a court of competent jurisdiction. (4) Fees charged to the Commonwealth (or to a part of the Commonwealth) under subsection (1) are notionally payable by the Commonwealth (or by the part of the Commonwealth). Subsection (3) does not apply to such fees. Division 3—Capacity of AGS and AGS lawyers to act 55Q AGS lawyers (1) An AGS lawyer acting in that capacity is entitled: (a) to do everything necessary or convenient for that purpose; and (b) to practise as a barrister, solicitor, or barrister and solicitor in any court and in any State or Territory; and (c) to all the rights and privileges of so practising; whether or not he or she is so entitled apart from this subsection. (2) An AGS lawyer acting in that capacity in a State or Territory is not subject to a law of a State or Territory that relates to legal practitioners except to the extent that such laws: (a) impose rights, duties, or obligations on legal practitioners in relation to their clients or to the courts; or (b) provide for disciplinary proceedings in relation to the misconduct of legal practitioners. (3) Subsection (2) is subject to subsection (5)