Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn 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.