Commonwealth Consolidated Acts

ADMIRALTY ACT 1988 - SECT 41

  (1)   The Governor - General may make Rules, not inconsistent with this Act, making provision in relation to the practice and procedure to be followed in courts exercising jurisdiction under this Act and matters incidental to such practice and procedure.

  (2)   In particular, the Rules may make provision in relation to:

  (a)   pleading;

  (b)   parties;

  (c)   appearance;

  (d)   the service and execution of process;

  (e)   bail;

  (f)   caveats against arrest or release of ships and other property;

  (g)   the arrest, custody and sale of ships and other property;

  (h)   the furnishing of security;

  (j)   the forms to be used;

  (k)   records and registers and inspections of those records and registers;

  (m)   limitation proceedings, including:

  (i)   the parties to those proceedings; and

  (ii)   the operation of determinations made in those proceedings;

  (n)   evidence; and

  (o)   enforcement and satisfaction of judgments of courts in matters under this Act.

  (3)   The Rules may prescribe penalties for offences against the Rules not exceeding:

  (a)   if the defendant is a natural person--a fine of $1,000; or

  (b)   if the defendant is a corporation--a fine of $5,000.

  (4)   Jurisdiction is conferred on the Federal Court , the Federal Circuit and Family Court of Australia (Division   2) and on the courts of the Territories, and the courts of the States are invested with federal jurisdiction, in respect of matters arising under the Rules.

  (5)   The Legislation Act 2003 (other than sections   8, 9, 10 and 16 and Part   4 of Chapter   3 of that Act) applies in relation to the Rules:

  (a)   as if a reference to a legislative instrument (other than in subparagraph   14(1)(a)(ii) and subsection   14(3) of that Act) were a reference to the Rules; and

  (b)   subject to such further modifications or adaptations of that Act (other than the provisions of Part   2 of Chapter   3 of that Act or any other provisions whose modification or adaptation would affect the operation of that Part) as are prescribed by the regulations for the purposes of this paragraph.

  (6)   To avoid doubt, the Rules are rules of court.