Commonwealth Numbered Acts

INDUSTRIAL RELATIONS REFORM ACT 1993 No. 98 of 1993 - SECT 56

56. The Principal Act is amended by adding at the end the following Part:
           "PART XIV-INDUSTRIAL RELATIONS COURT OF AUSTRALIA


"Division 1-Interpretation Definitions

"360. In this Part, unless the contrary intention appears:
'Chief Justice' means the Chief Justice of the Court;
'Court' means the Industrial Relations Court of Australia;
'Judge' means:

   (a)  in the case of a reference to the Court or a Judge-a Judge (including
        the Chief Justice) sitting in Chambers; or

   (b)  otherwise-a Judge of the Court (including the Chief Justice);
'proceeding' means a proceeding in a court, whether or not between parties,
and includes:

   (a)  an incidental proceeding in the course of, or in connection with, a
        proceeding; and

   (b)  an appeal;
'suit' includes any action or original proceeding between parties.

"Division 2-Constitution of the Court Creation of Court "361.(1) This Act
creates a federal court to be known as the Industrial Relations Court of
Australia.

"(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 as many other Judges as hold
office under this Act. Appointment, removal and resignation of Judges

"362.(1) A Judge is appointed by the Governor-General, by commission, for a
term ending when the Judge attains the age of 70 years.

"(2) A Judge cannot be removed from office except by the Governor- General, on
an address from both Houses of the Parliament in the same session, praying for
the Judge's removal on the ground of proved misbehaviour or incapacity.

"(3) A person may be appointed as a Judge only if the person:

   (a)  is or has been a Judge of a prescribed court; or

   (b)  has been enrolled for at least 5 years as a legal practitioner of the
        High Court or of the Supreme Court of a State or Territory.

"(4) A person who has attained the age of 70 years cannot be appointed as a
Judge.

"(5) A Judge may resign by delivering to the Governor-General a signed
resignation. A resignation takes effect on the day when the Governor-General
receives it, or on such later day as it specifies.

"(6) A person may hold office at the one time as a Judge of the Court and as a
Judge of one or more other prescribed courts.

"(7) A Judge or former Judge is entitled to be styled 'The Honourable'.

"(8) In this section:
'prescribed court' means:

   (a)  a court created by the Parliament; or

   (b)  the Supreme Court of the Northern Territory; or

   (c)  the Supreme Court of the Australian Capital Territory. Acting Chief
        Justice

"363. 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 is to
        perform the duties, and may exercise the powers, of the Chief Justice.
        Seniority

"364.(1) The Chief Justice is the senior Judge of the Court. The other Judges
have seniority according to the respective dates on which their commissions
took effect.

"(2) However, if the commissions of 2 or more Judges took effect on the same
date, those Judges have seniority according to the precedence assigned to them
by their commissions. Salary and allowances of Judges

"365.(1) The Chief Justice is to receive salary, expenses of office allowance,
and travelling allowance, at the same rates, and on the same conditions, as
apply to the Chief Judge of the Federal Court.

"(2) A Judge (other than the Chief Justice) is to receive salary, expenses of
office allowance, and travelling allowance, at the same rates, and on the same
conditions, as apply to the Judges (other than the Chief Judge) of the Federal
Court.

"(3) This section has effect subject to sections 366 and 367. Salary and
allowances of Judges who hold other judicial appointments

"366.(1) If:

   (a)  a person becomes a Judge when he or she is already a judge of another
        prescribed court within the meaning of section 362; or

   (b)  a person becomes a judge of such court when he or she is a Judge;
        subsections (3), (4) and (5) of this section apply so long as he or
        she is both a Judge and such a judge.

"(2) For the purposes of subsection (1), disregard an office of additional
Judge of the Supreme Court of a Territory.

"(3) The person is to receive the salary and allowance to which he or she is
entitled as a judge of a prescribed court other than the Court.

"(4) If that salary or allowance is less than the salary or allowance to which
he or she would be entitled under section 365 but for this section, he or she
is to receive, in respect of his or her office as Judge, an additional amount
by way of salary or allowance, as the case may be, equal to the difference.

"(5) He or she is not entitled to receive salary or allowance under section
365.

"(6) In this section:
'allowance' means expenses of office allowance. Payment of salary and
allowance

"367. The salary and expenses of office allowance to which the Judges are
entitled under section 365 and subsection 366(4) accrue from day to day and
are payable monthly. Oath or affirmation of office

"368. Before proceeding to discharge the duties of his or her office, a Judge
must take an oath, or make an affirmation, in the form set out in section 473.
This must be done before the Governor-General, a Justice of the High Court,
another Judge of the Court or a Judge of the Supreme Court of a State or
Territory. Place of sitting

"369. Sittings of the Court are to 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. How Court may be
constituted

"370.(1) For the purposes of exercising its jurisdiction, 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) If, 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) A Full Court constituted in accordance with subsection (3) may have
regard to any evidence given or received, and arguments adduced, by or before
the Full Court as previously constituted.

"(5) The Court constituted by one or more Judges may sit and exercise the
jurisdiction of the Court even though the Court constituted by one or more
other Judges is at the same time sitting and exercising the jurisdiction of
the Court. Arrangement of business of Court

"371. The Chief Justice is responsible for ensuring the orderly and
expeditious discharge of the business of the Court and accordingly may,
subject to this Act and to such consultation with the Judges as is appropriate
and practicable, make arrangements as to the Judge or Judges who is or are to
constitute the Court in particular matters or classes of matters. Court
divided in opinion

"372.(1) This section applies if the Judges constituting a Full Court for the
purposes of a proceeding are divided in opinion about what judgment is to be
given.

"(2) If there is a majority, judgment is to be given according to the
majority's opinion.

"(3) If the Judges are equally divided, judgment is to be given according to:

   (a)  if the Chief Justice is a member of the Full Court-the Chief Justice's
        opinion; or

   (b)  otherwise-the opinion of the Senior Judge who is a member of the Full
        Court. Exercise of jurisdiction in open court and in Chambers

"373.(1) The jurisdiction of the Court is to be exercised in open court,
except so far as this section or another law of the Commonwealth authorises it
to be exercised by a Judge sitting in Chambers.

"(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; or

   (b)  a proceeding on an application for orders or directions as to any
        matter that this Act or any other law of the Commonwealth makes
        subject to the direction of a Judge sitting in Chambers; or

   (c)  a proceeding on any other application authorised 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 if 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. Powers of Court to extend to whole of
Australia

"374. The process of the Court runs, and the judgments of the Court have
effect and may be executed, throughout Australia and the Territories.

"Division 3-Judicial Registrars Judicial Registrars

"375. The Governor-General may appoint one or more Judicial Registrars of the
Court. Powers of Judicial Registrars

"376.(1) The Rules of Court may delegate to the Judicial Registrars, either
generally or as otherwise provided in the Rules, all or any of the Court's
powers in relation to proceedings in the Court, in so far as the proceedings
relate to:

   (a)  a claim for an amount of not more than the amount specified in the
        Rules; or

   (b)  a claim that the termination of an employee's employment was unlawful,
        or that the proposed termination of an employee's employment would be
        unlawful, whether because of this Act or any other law (including an
        unwritten law) of the Commonwealth or of a State or Territory.

"(2) For the purposes of paragraph (1)(a), the Rules may specify an amount of
not more than:

   (a)  $10,000; or

   (b)  such greater amount as the regulations prescribe.

"(3) Without limiting subsection (1), Rules of Court made because of that
subsection:

   (a)  may delegate to the Judicial Registrars powers that could be delegated
        to the Registrar of the Court; and

   (b)  may so delegate powers by reference to powers that have been delegated
        to the Registrar of the Court under section 466.

"(4) A power delegated to the Judicial Registrars is, when exercised by a
Judicial Registrar, taken to have been exercised by the Court or a Judge, as
the case requires.

"(5) The delegation of a power to the Judicial Registrars does not prevent the
exercise of the power by the Court or a Judge.

"(6) The provisions of this Act, the regulations and the Rules of Court, and
of other laws of the Commonwealth, that relate to the exercise of a power by
the Court apply, in relation to an exercise of the power by a Judicial
Registrar under a delegation under subsection (1), as if a reference to the
Court or a Judge, or to a court exercising jurisdiction under this Act, were a
reference to a Judicial Registrar.

"(7) As well as the powers delegated under subsection (1), the Judicial
Registrars have such other powers as are conferred on them by this Act, the
regulations or the Rules of Court. Review of decisions of Judicial Registrars

"377.(1) A party to proceedings may apply to the Court to review a Judicial
Registrar's exercise in the proceedings of a power delegated under section
376. An application must be made within the period prescribed by the Rules of
Court or such further period as is allowed in accordance with the Rules.

"(2) On an application under subsection (1) or of its own motion, the Court
may review a Judicial Registrar's exercise of a power so delegated. The Court
may make whatever order it considers appropriate in relation to the matter in
relation to which the power was exercised.

"(3) On the application of a party or of its own motion, the Court may refer
to a Full Court of the Court an application under subsection (1). Exercise by
Court of delegated powers

"378.(1) If:

   (a)  an application for the exercise of a power delegated under section 376
        is to be, or is being, heard by a Judicial Registrar; and

   (b)  the Judicial Registrar considers that it is not appropriate for him or
        her to determine the application; he or she must not hear, or continue
        to hear, the application, and must instead make appropriate
        arrangements for the Court to hear the application.

"(2) If a Judicial Registrar proposes to exercise in a particular case a power
delegated under section 376 but has not begun to exercise the power in that
case, a Judge may order that the power be exercised in that case by a Judge.

"(3) An order under subsection (2) may only be made on application by a person
who would be a party to the proceedings before the Judicial Registrar in
relation to the proposed exercise of the power.

"(4) If an application is made under subsection (3), the Judicial Registrar
must not exercise the power in that case until the application has been
determined. Independence of Judicial Registrars

"379. Despite anything else in this Act or in any other law, a Judicial
Registrar is not subject to the direction or control of any person or body in
the exercise of a power delegated under section 376. Judicial Registrars hold
office on full-time or part-time basis

"380. A Judicial Registrar may be appointed on a full-time or part-time basis.
Qualifications for appointment etc.

"381.(1) A person may be appointed as a Judicial Registrar only if the person:

   (a)  is or has been a Judge of a prescribed court within the meaning of
        section 362; or

   (b)  has been enrolled for at least 5 years as a legal practitioner of the
        High Court or of the Supreme Court of a State or Territory.

"(2) A person who has attained the age of 65 years cannot be appointed as a
Judicial Registrar on a full-time basis. Term of office

"382.(1) The instrument appointing a Judicial Registrar must specify as the
date of effect of the appointment a day that is not earlier than the day when
the instrument is signed.

"(2) Subject to this Act, a Judicial Registrar holds office:

   (a)  if the instrument of appointment so provides-until he or she attains
        the age of 65 years; or

   (b)  otherwise-for the term specified in the instrument of appointment.

"(3) The term specified in an instrument of appointment must not exceed 5
years and, if the appointment is on a full-time basis, must not extend beyond
the day when the Judicial Registrar will attain the age of 65 years.

"(4) Subject to this Act, a Judicial Registrar is eligible for re-appointment.
Remuneration and allowances

"383.(1) A Judicial Registrar is to be paid such remuneration as the
Remuneration Tribunal determines.

"(2) A Judicial Registrar is to be paid such allowances as the regulations
prescribe.

"(3) This section has effect subject to the Remuneration Tribunal Act 1973.
Leave of absence

"384.(1) Subject to section 87E of the Public Service Act 1922, a person
appointed as a full-time Judicial Registrar has such recreation leave
entitlements as the Remuneration Tribunal determines.

"(2) The Chief Justice may grant a person appointed as a full-time Judicial
Registrar leave of absence, other than recreation leave, on such terms and
conditions as to remuneration or otherwise as the Chief Justice, with the
Minister's approval, determines. Resignation

"385. A Judicial Registrar may resign by delivering to the Governor-General a
signed resignation. A resignation takes effect on the day when the
Governor-General receives it, or on such later day as it specifies.
Termination of appointment

"386.(1) The Governor-General may terminate a Judicial Registrar's appointment
for misbehaviour or physical or mental incapacity.

"(2) The Governor-General must terminate a Judicial Registrar's appointment if
the Judicial Registrar becomes bankrupt, applies to take the benefit of a law
for the relief of bankrupt or insolvent debtors, compounds with creditors or
makes an assignment of remuneration for their benefit. Oath or affirmation of
office

"387. Before proceeding to discharge the duties of his or her office, a
Judicial Registrar must take an oath, or make an affirmation, in the form set
out in section 473, before a Judge of the Court. Other terms and conditions of
appointment

"388. A Judicial Registrar holds office on such terms and conditions (if any)
in relation to matters not provided for by this Act as the Governor-General
determines in writing.
                   "Division 4-Management of the Court


"Subdivision A-Responsibilities of Chief Justice and Registrar Management of
administrative affairs of Court

"389.(1) The Chief Justice is responsible for managing the administrative
affairs of the Court.

"(2) For that purpose, 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:

   (a)  acquire an interest or right that would constitute an interest in land
        for the purposes of the Lands Acquisition Act 1989; or

   (b)  enter into a contract under which the Commonwealth is to pay or
        receive an amount exceeding $250,000 or, if a higher amount is
        prescribed, that higher amount, except with the Minister's approval.
        Registrar

"390. In the management of the administrative affairs of the Court, the Chief
Justice is assisted by the Registrar of the Court.

"Subdivision B-Appointment, powers etc. of Registrar Appointment of Registrar

"391. The Registrar is appointed by the Governor-General on the nomination of
the Chief Justice. Powers of Registrar

"392.(1) The Registrar has power to do all things necessary or convenient to
be done for the purpose of assisting the Chief Justice under section 390.

"(2) In particular, the Registrar may act on behalf of the Chief Justice in
relation to the administrative affairs of the Court.

"(3) The Chief Justice may give the Registrar directions regarding the
exercise of his or her powers under this Part. Remuneration of Registrar

"393.(1) The Registrar is to be paid the remuneration and allowances
determined by the Remuneration Tribunal.

"(2) If there is no determination in force, the Registrar is to be paid such
remuneration as is prescribed.

"(3) The Registrar is to be paid such other allowances as are prescribed.

"(4) Remuneration and allowances payable to the Registrar under this section
are to be paid out of money appropriated by the Parliament for the purposes of
the Court. Terms and conditions of appointment of Registrar

"394.(1) The Registrar holds office for the period (not longer than 5 years)
specified in the instrument of appointment, but is eligible for
re-appointment.

"(2) A person who has reached 65 cannot be appointed as Registrar.

"(3) A person cannot be appointed as Registrar for a period extending beyond
the day on which he or she will reach 65.

"(4) The Registrar 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. Leave of absence

"395.(1) Subject to section 87E of the Public Service Act 1922, the Registrar
has such recreation leave entitlements as are determined by the Remuneration
Tribunal.

"(2) The Chief Justice may grant the Registrar leave of absence, other than
recreation leave, on such terms and conditions as to remuneration or otherwise
as the Chief Justice, with the Minister's approval, determines. Resignation

"396. The Registrar may resign by delivering to the Governor-General a signed
resignation. Outside employment of Registrar

"397.(1) Except with the consent of the Chief Justice, the Registrar 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. Termination of appointment

"398.(1) The Governor-General may terminate the appointment of the Registrar
for misbehaviour or physical or mental incapacity.

"(2) The Governor-General must terminate the appointment of the Registrar if
the Registrar:

   (a)  becomes bankrupt, applies to take the benefit of a 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 397; or

   (d)  fails, without reasonable excuse, to comply with section 399.

"(3) The Governor-General may, with the consent of a Registrar 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; retire the Registrar from office on the
        ground of incapacity.

"(4) Despite anything contained in this section, if the Registrar:

   (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
        the Commonwealth Superannuation Board of Trustees No. 2 has given a
        certificate under section 54C of that Act.

"(5) Despite anything contained in this section, if the Registrar:

   (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 the Commonwealth Superannuation Board of Trustees No. 1 has
        given a certificate under section 13 of that Act. Disclosure of
        interests by Registrar

"399. The Registrar must give written notice to the Chief Justice of all
direct or indirect pecuniary interests that the Registrar has or acquires in
any business or in any body corporate carrying on a business. Acting Registrar

"400.(1) The Chief Justice may, in writing, appoint a person to act in the
office of Registrar:

   (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 Registrar is absent
        from duty or from Australia or is, for any other reason, unable to
        perform the duties of the office.

"(2) A person appointed to act in the office of Registrar during a vacancy may
not continue to act in that office for more than 12 months.

"(3) Anything done by or in relation to a person purporting to act under
subsection (1) is not invalid on the ground that:

   (a)  the occasion for the appointment had not arisen; or

   (b)  there was a defect or irregularity in connection with the appointment;
        or

   (c)  the appointment had ceased to have effect; or

   (d)  the occasion for the person to act had not arisen or had ceased.

"Subdivision C-Other officers and staff of Registries Personnel other than the
Registrar

"401.(1) In addition to the Registrar, there are the following officers of the
Court:

   (a)  a District Registrar of the Court for each District Registry;

   (b)  such Deputy Registrars and Deputy District Registrars as are
        necessary;

   (c)  the Sheriff of the Court;

   (d)  such Deputy Sheriffs as are necessary.

"(2) The officers of the Court, other than the Registrar, have such duties,
powers and functions as are given to them by this Act or by the Chief Justice.

"(3) The officers of the Court are appointed by the Registrar.

"(4) The officers of the Court, other than the Registrar and the Deputy
Sheriffs, are to be persons appointed or employed under the Public Service Act
1922.

"(5) The Deputy Sheriffs may be persons appointed or employed under the Public
Service Act 1922.

"(6) The Registrar may, on behalf of the Chief Justice, arrange with the
Secretary of a Department of the Australian Public Service, or with an
authority of the Commonwealth, for the services of officers or employees of
the Department or authority to be made available for the purposes 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 appointed or
employed under the Public Service Act 1922. Sheriff

"402.(1) The Sheriff of the Court is responsible for the service and execution
of all process of the Court 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.

"(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. Powers of Registrar regarding Court officers and
Registry staff

"403. In relation to the branch of the Australian Public Service consisting of
the officers of the court (other than the Registrar and any Deputy Sheriffs
who are not persons appointed or employed under the Public Service Act 1922)
and the staff of the Registries, the Registrar has the same powers as if that
Branch were a Department of the Australian Public Service and the Registrar
were the Secretary of that Department. Engagement of consultants etc.

"404.(1) The Registrar may engage persons having suitable qualifications and
experience as consultants to, or to perform services for, the Registrar.

"(2) An engagement under subsection (1) is to be made:

   (a)  on behalf of the Commonwealth; and

   (b)  by written agreement.

"Subdivision D-Miscellaneous administrative matters Annual report

"405.(1) As soon as practicable after the end of each financial year, the
Chief Justice is to submit to the Minister:

   (a)  a report of the management of the administrative affairs of the Court
        during the financial year; and

   (b)  financial statements in respect of that financial year.

"(2) The financial statements are to be in a form approved by the Minister for
Finance.

"(3) Before submitting the financial statements to the Minister, the Chief
Justice must submit them to the Auditor-General, who is to report to the
Minister:

   (a)  whether, in the opinion of the Auditor-General, the statements are
        based on proper accounts and records; and

   (b)  whether the statements are in agreement with the accounts and records;
        and

   (c)  whether, in his or her opinion, the receipt, expenditure and
        investment of money, and the acquisition and disposal of assets,
        during the year have been in accordance with this Act; and

   (d)  as to such other matters arising out of the statements as the
        Auditor-General considers should be reported to the Minister.

"(4) The Minister must cause a copy of the report and financial statements,
together with a copy of the report of the Auditor-General, to be laid before
each House of the Parliament within 15 sitting days of that House after their
receipt by the Minister. Proper accounts to be kept

"406.(1) The Chief Justice is to ensure that proper accounts and records are
kept of the transactions and affairs relating to the administration of the
Court under section 389.

"(2) The Chief Justice is to do all things necessary to ensure that:

   (a)  all payments out of money appropriated by the Parliament for the
        purposes of the Court are correctly made and properly authorised; and

   (b)  adequate control is maintained over assets held by, or in the custody
        of, the Chief Justice on behalf of the Commonwealth and over the
        incurring of liabilities on behalf of the Commonwealth under this
        Part. Audit

"407.(1) At least once in each financial year, the Auditor-General is to
inspect and audit the accounts and records of financial transactions relating
to the administration of the affairs of the Court under section 389 and the
records relating to assets held by, or in the custody of, the Chief Justice on
behalf of the Commonwealth and must immediately draw the attention of the
Minister to any irregularity disclosed by the inspection and audit that, in
the opinion of the Auditor-General, is of sufficient importance to justify
doing so.

"(2) The Auditor-General may, at his or her discretion, dispense with all or
any part of the detailed inspection and audit of any accounts or records
referred to in subsection (1).

"(3) The Auditor-General is to report to the Minister the results of the
inspection and audit carried out under subsection (1).

"(4) The Auditor-General or a person authorised by him or her is entitled at
all reasonable times to full and free access to all accounts and records
maintained under section 406 and relating directly or indirectly to the
receipt or payment of money, or to the acquisition, receipt, custody or
disposal of assets, by the Chief Justice on behalf of the Commonwealth.

"(5) The Auditor-General or a person authorised by him or her may make copies
of, or take extracts from, any such accounts and records.

"(6) The Auditor-General or a person authorised by him or her may require any
person to give him or her information in the person's possession or to which
the person has access which the Auditor-General or authorised person considers
necessary for the purposes of the functions of the Auditor-General under this
Act, and the person must comply with the requirement.

"(7) A person who, without reasonable excuse, contravenes subsection (6) is
guilty of an offence punishable, on conviction, by a fine not exceeding 10
penalty units. Delegation of administrative powers of Chief Justice

"408. The Chief Justice may, in writing, delegate all or any of his or her
powers under section 389 to any one or more of the Judges. Proceedings arising
out of administration of Court

"409. 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 Registrar under this
Part, may be instituted by or against the Commonwealth, as the case requires.
Oath or affirmation of office

"410. Before proceeding to discharge the duties of his or her office, the
Registrar, a District Registrar, a Deputy Registrar or a Deputy District
Registrar must take an oath, or make an affirmation, in the form set out in
section 473, before a Judge of the Court. Arrangements with other courts to
perform functions

"411.(1) The Minister may arrange with the appropriate Minister of a State or
of the Northern Territory for an officer or officers of that State or
Territory to perform:

   (a)  the functions of a Deputy Sheriff in that State or Territory; or

   (b)  on behalf of the Court at any office of the Registry of the Court in
        that State or Territory all or any of the functions referred to in
        subsection (3).

"(2) The Chief Justice may arrange with the Chief Judge of the Federal Court
for an officer or officers of that Court to perform on behalf of the
Industrial Relations Court at an office or offices of the Registry of the
Industrial Relations Court referred to in the arrangement all or any of the
functions referred to in subsection (3).

"(3) The functions to which an arrangement under subsection (1) or (2) may
relate are:

   (a)  the receipt of documents to be lodged with or filed in the Court;

   (b)  the signing and issuing of writs, commissions and process;

   (c)  the administration of oaths and affirmations for the purposes of any
        proceedings in the Court;

   (d)  such other functions as are permitted by the Rules of Court to be
        performed under such an arrangement.
                 "Division 5-Jurisdiction of the Court


"Subdivision A-Original jurisdiction Jurisdiction of Court

"412.(1) The Court has jurisdiction with respect to matters arising under this
Act in relation to which:

   (a)  applications may be made to it under this Act; or

   (b)  actions may be brought in it under this Act; or

   (c)  questions may be referred to it under this Act; or

   (d)  appeals lie to it under section 422; or

   (e)  penalties may be sued for and recovered under this Act; or

   (f)  prosecutions may be instituted for offences against this Act, other
        than a prosecution under section 407 or 485.

"(2) For the purposes of section 44 of the Judiciary Act 1903, the Court is
taken to have 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 holding office under this Act or the Coal
Industry Act 1946. Note: Section 44 of the Judiciary Act 1903 gives the High
Court of Australia power to remit a matter to a federal court that has
jurisdiction with respect to that matter.

"(3) The Court has jurisdiction with respect to matters remitted to it under
section 44 of the Judiciary Act 1903.

"(4) The Court has such other jurisdiction as is vested in it by this Act or
other laws made by the Parliament. Interpretation of awards

"413.(1) The Court may give an interpretation of an award on application by:

   (a)  the Minister; or

   (b)  an organisation or person bound by the award.

"(2) The decision of the Court is final and conclusive and is binding on the
organisations and persons bound by the award who have been given an
opportunity of being heard by the Court. Exclusive jurisdiction

"414.(1) Subject to this Act, the jurisdiction of the Court in relation to an
act or omission for which an organisation or member of an organisation is
liable to be sued, or to be proceeded against for a pecuniary penalty, is
exclusive of the jurisdiction of any other court created by the Parliament or
any court of a State or Territory.

"(2) The jurisdiction of the Court in relation to matters arising under
section 208, 209 or 261 or Division 5 of Part IX is exclusive of the
jurisdiction, or any similar jurisdiction, of a State industrial authority.

"(3) The jurisdiction of the Court under section 422 is exclusive of the
jurisdiction of any court of a State or Territory to hear and determine an
appeal from a judgment from which an appeal may be brought to the Court under
that section. Exercise of Court's original jurisdiction

"415.(1) Subject to subsection (2) and section 423, the jurisdiction of the
Court may be exercised by a single Judge.

"(2) The jurisdiction of the Court is to be exercised by a Full Court in
relation to:

   (a)  questions referred to the Court under section 46 or 82;

   (b)  matters in relation to which applications are made to the Court under
        section 153;

   (c)  matters in relation to which applications are made to the Court under
        section 294; and

   (d)  matters in which a writ of mandamus or prohibition or an injunction is
        sought against:

        (i)    a Presidential member; or

        (ii)   officers of the Commonwealth at least one of whom is a
               Presidential member.

"(3) Subsection (2) does not require the jurisdiction of the Court to be
exercised by a Full Court in relation to a prosecution for an offence merely
because the offence relates to a matter to which that subsection applies.
Reference of proceedings to Full Court

"416.(1) At any stage of a proceeding in a matter arising under this Act, a
single Judge exercising the jurisdiction of the Court:

   (a)  may refer a question of law for the opinion of a Full Court; and

   (b)  may, of the Judge's own motion or on the application of a party, refer
        the matter to a Full Court to be heard and determined; and

   (c)  on application by the Minister, is to refer the matter to a Full Court
        to be heard and determined.

"(2) If a Judge refers a matter to a Full Court under subsection (1), the Full
Court may have regard to any evidence given, or arguments adduced, in the
proceeding before the Judge. Declarations of right

"417.(1) The Court may, in relation to a matter in which it has jurisdiction,
make binding declarations of right, whether or not any consequential relief is
or could be claimed.

"(2) A suit is not open to objection on the ground that a declaratory order
only is sought. Determination of matter completely and finally

"418. In every matter before it, the Court is to grant, either absolutely or
on such terms and conditions as the Court thinks just, all remedies to which
any of the parties appears to be entitled in respect of a legal or equitable
claim properly brought forward in the matter, so that, as far as possible, all
matters in controversy between the parties may be completely and finally
determined and all multiplicity of proceedings concerning any of those matters
avoided. Making of orders and issue of writs

"419. The Court has power, in relation to matters in which it has
jurisdiction, to make orders of such kinds, including interlocutory orders,
and to issue, or direct the issue of, writs of such kinds, as the Court thinks
appropriate.

"Subdivision B-Appellate and related jurisdiction Appellate jurisdiction

"420.(1) The Court has jurisdiction to hear and determine appeals from
judgments of the Court constituted by a single Judge.

"(2) An appeal does not lie from an interlocutory judgment unless the Court or
a Judge gives leave to appeal.

"(3) Subsection (1) has effect subject to this Act (other than Division 2 of
this Part) and to any other Act, whether passed before or after the
commencement of this Part (including an Act that makes a judgment final and
conclusive or not subject to appeal). Limitation on appeals to Full Court

"421. Despite anything else in this Part, an appeal does not lie to a Full
Court from a judgment of the Court constituted by a single Judge in an inquiry
referred to in section 219 or 253M. Appeals from State and Territory courts

"422.(1) An appeal lies to the Court from a judgment of a court of a State or
Territory in a matter arising under this Act.

"(2) It is not necessary to obtain the leave of the Court or the court
appealed from in relation to an appeal under subsection (1).

"(3) An appeal does not lie to the High Court from a judgment from which an
appeal may be made to the Court under subsection (1). Exercise of appellate
jurisdiction

"423.(1) The Court's appellate jurisdiction is to be exercised by a Full
Court, except as provided by this Act (other than Division 2 of this Part) or
by any other Act.

"(2) The following applications may be heard and determined by a single Judge
or by a Full Court:

   (a)  an application for leave or special leave to appeal to the Court;

   (b)  an application for an extension of time within which to appeal to the
        Court;

   (c)  an application for leave to amend the grounds of an appeal to the
        Court;

   (d)  an application to stay an order of a Full Court.

"(3) The Rules of Court may provide for applications of the kinds referred to
in subsection (2) to be dealt with, subject to conditions prescribed by the
Rules, without an oral hearing.

"(4) Subject to this or another Act, the Court's jurisdiction in an appeal
from a judgment of a court of summary jurisdiction may be exercised by a
single Judge or by a Full Court.

"(5) The Court constituted by a single Judge may state a case, or reserve a
question, for a Full Court's consideration, concerning a matter if an appeal
would lie to a Full Court from a judgment of the Judge with respect to that
matter. The Full Court has jurisdiction to hear and determine the case or
question. Cases stated and questions reserved

"424.(1) A court ('the lower court') from which appeals lie to the Court may
state a case, or reserve a question, for the Court's consideration, concerning
a matter if an appeal would lie to the Court from a judgment of the lower
court with respect to that matter. The Court has jurisdiction to hear and
determine the case or question.

"(2) If the lower court is a court of summary jurisdiction, the Court's
jurisdiction under subsection (1) may be exercised by a single Judge or by a
Full Court. Otherwise, it must be exercised by a Full Court.

"(3) The lower court must not state a case, or reserve or refer a question,
concerning the matter, to a court other than the Court. Evidence on appeal

"425. In an appeal, the Court shall have regard to the evidence given in the
proceedings out of which the appeal arose, and has power to draw inferences of
fact and, in its discretion, to receive further evidence, which may be taken
on affidavit, by oral examination before the Court or a Judge or otherwise in
accordance with section 476. Form of judgment on appeal

"426.(1) Subject to this and any other Act, the Court may, in the exercise of
its appellate jurisdiction:

   (a)  affirm, reverse or vary the judgment appealed from; or

   (b)  give such judgment, or make such order, as, in all the circumstances,
        it thinks fit, or refuse to make an order; or

   (c)  set aside the judgment appealed from, in whole or in part, and remit
        the proceeding to the court from which the appeal was brought for
        further hearing and determination, subject to such directions as the
        Court thinks fit; or

   (d)  set aside a verdict or finding of a jury in a civil proceeding, and
        enter judgment despite such a verdict or finding; or

   (e)  set aside the verdict and judgment in a trial on indictment and order
        a verdict of not guilty or other appropriate verdict to be entered; or

   (f)  grant a new trial in any case in which there has been a trial, either
        with or without a jury, on any ground on which it is appropriate to
        grant a new trial; or

   (g)  award execution from the Court or, in the case of an appeal from
        another court, award execution from the Court or remit the cause to
        that other court, or to a court from which a previous appeal was
        brought, for the execution of the judgment of the Court.

"(2) It is the duty of a court to which a cause is remitted in accordance with
paragraph (1)(g) to execute the judgment of the Court in the same manner as if
it were its own judgment.

"(3) The powers specified in subsection (1) may be exercised by the Court even
if the notice of appeal asks that part only of the decision may be reversed or
varied, and may be exercised in favour of all or any of the respondents or
parties, including respondents or parties who have not appealed from or
complained of the decision.

"(4) An interlocutory judgment or order from which there has been no appeal
does not prevent the Court, on hearing an appeal, from giving such decision on
the appeal as is just.

"(5) The powers of the Court under subsection (1) in an appeal against a
sentence in a criminal matter (whether by the Crown or by the defendant)
include the power to increase or decrease the sentence or substitute a
different sentence. Stay of proceedings and suspension of orders

"427.(1) If an appeal to the Court from another court has been instituted:

   (a)  the Court or a Judge, or a judge of that other court (not being a
        court of summary jurisdiction), may order, on such conditions (if any)
        as it or he or she thinks fit, a stay of all or any proceedings under
        the judgment appealed from; and

   (b)  the Court or a Judge may, by order, on such conditions (if any) as it
        or he or she thinks fit, suspend the operation of an injunction or
        other order to which the appeal, in whole or in part, relates.

"(2) This section does not affect the operation of any provision made by or
under any other Act or by the Rules of Court for or in relation to the stay of
proceedings. New trials

"428.(1) In an appeal in which the Court grants a new trial, the Court may
impose such conditions on a party, and may direct such admissions to be made
by a party, for the purpose of the new trial as are just.

"(2) If the Court grants a new trial in a suit, the Court:

   (a)  may grant it, either generally or on particular issues only, as it
        thinks just; and

   (b)  may order that testimony of a witness examined at the former trial may
        be used in the new trial in the manner provided in the order.

"Subdivision C-General Contempt of Court

"429.(1) Subject to any other Act, the Court has the same power to punish
contempts of its power and authority as the High Court has in respect of
contempts of the High Court.

"(2) The jurisdiction of the Court to punish a contempt of the Court committed
in the face or hearing of the Court may be exercised by the Court as
constituted at the time of the contempt. Jurisdiction in associated matters

"430.(1) So far as the Constitution permits, jurisdiction is conferred on the
Court in respect of matters not otherwise within its jurisdiction that are
associated with matters in which the jurisdiction of the Court is invoked.

"(2) The jurisdiction conferred by subsection (1) extends to jurisdiction to
hear and determine an appeal from a judgment of a court so far as it relates
to a matter that is associated with a matter in respect of which an appeal
from that judgment, or another judgment of that court, is brought. Injunctions
against contravening Act etc.

"431. The Court may grant an injunction requiring a person not to contravene,
or to cease contravening, this Act.

"Subdivision D-Appeals to High Court Limitations on appeals from Court to High
Court

"432.(1) An appeal does not lie to the High Court from a judgment of a single
Judge of the Court under this Act.

"(2) Subject to subsection (3), an appeal lies to the High Court, with the
leave of the High Court, from a judgment of a Full Court of the Court in a
matter arising under this Act.

"(3) An appeal does not lie to the High Court from a judgment of a Full Court
of the Court:

   (a)  in a matter arising under section 46 or 82, Part IX (other than
        Subdivision G of Division 7 or Division 8) or section 413 or 431,
        unless the judgment was made, given or pronounced in relation to a
        prosecution for an offence; or

   (b)  in relation to a contempt of the Court in relation to a proceeding in
        a matter arising under this Act.
                  "Division 6-Representative proceedings


"Subdivision A-Preliminary Interpretation

"433. In this Division, unless the contrary intention appears:
'group member' means a member of a group of persons on whose behalf a
representative proceeding has been commenced;
'representative party' means a person who commences a representative
proceeding;
'representative proceeding' means a proceeding commenced under section 435;
'respondent' means a person against whom relief is sought in a representative
proceeding;
'sub-group member' means a person included in a sub-group established under
section 446;
'sub-group representative party' means a person appointed to be a sub-group
representative party under section 446. Application

"434. A proceeding may only be brought under this Division in respect of a
cause of action arising on or after 4 March 1992 (the day of commencement of
the Federal Court of Australia Amendment Act 1991).

"Subdivision B-Commencement of representative proceeding Commencement of
proceeding

"435.(1) Subject to this Division, if:

   (a)  7 or more persons have claims against the same person; and

   (b)  the claims of all those persons are in respect of, or arise out of,
        the same, similar or related circumstances; and

   (c)  the claims of all those persons give rise to a substantial common
        issue of law or fact; a proceeding may be commenced by one or more of
        those persons as representing some or all of them.

"(2) A representative proceeding may be commenced:

   (a)  whether or not the relief sought:

        (i)    is, or includes, equitable relief; or

        (ii)   consists of, or includes, damages; or

        (iii)  includes claims for damages that would require individual
               assessment; or

        (iv)   is the same for each person represented; and

   (b)  whether or not the proceeding:

        (i)    is concerned with separate contracts or transactions between
               the respondent in the proceeding and individual group members;
               or

        (ii)   involves separate acts or omissions of the respondent done or
               omitted to be done in relation to individual group members.
               Standing

"436.(1) A person referred to in paragraph 435(1)(a) who has a sufficient
interest to commence a proceeding on his or her own behalf against another
person has a sufficient interest to commence a representative proceeding
against that other person on behalf of other persons referred to in that
paragraph.

"(2) If a person has commenced a representative proceeding, the person retains
a sufficient interest:

   (a)  to continue that proceeding; and

   (b)  to bring an appeal from a judgment in that proceeding; even though the
        person ceases to have a claim against the respondent. Is consent
        required to be a group member?

"437.(1) The consent of a person to be a group member in a representative
proceeding is not required unless subsection (2) applies to the person.

"(2) None of the following persons is a group member in a representative
proceeding unless the person gives written consent to being so:

   (a)  the Commonwealth, a State or a Territory;

   (b)  a Minister or a Minister of a State or Territory;

   (c)  a body corporate established for a public purpose by a law of the
        Commonwealth, of a State or of a Territory, other than an incorporated
        company or association; or

   (d)  an officer of the Commonwealth, of a State or of a Territory, in his
        or her capacity as such an officer. Persons under disability

"438.(1) It is not necessary for a person under disability to have a next
friend or committee merely in order to be a group member.

"(2) A group member who is under disability may only take a step in the
representative proceeding, or conduct part of the proceeding, by his or her
next friend or committee, as the case requires. Originating process

"439.(1) An application commencing a representative proceeding, or a document
filed in support of such an application, must, in addition to any other
matters required to be included:

   (a)  describe or otherwise identify the group members to whom the
        proceeding relates; and

   (b)  specify the nature of the claims made on behalf of the group members
        and the relief claimed; and

   (c)  specify the questions of law or fact common to the claims of the group
        members.

"(2) In describing or otherwise identifying group members for the purposes of
subsection (1), it is not necessary to name, or specify the number of, the
group members. Right of group member to opt out

"440.(1) The Court must fix a date before which a group member may opt out of
a representative proceeding.

"(2) A group member may opt out of the representative proceeding by written
notice given under the Rules of Court before the date so fixed.

"(3) The Court, on the application of a group member, the representative party
or the respondent in the proceeding, may fix another date so as to extend the
period during which a group member may opt out of the representative
proceeding.

"(4) Except with the leave of the Court, the hearing of a representative
proceeding must not commence earlier than the date before which a group member
may opt out of the proceeding. Causes of action accruing after commencement of
representative proceeding

"441.(1) The Court may at any stage of a representative proceeding, on
application made by the representative party, give leave to amend the
application commencing the representative proceeding so as to alter the
description of the group.

"(2) The description of the group may be altered so as to include a person:

   (a)  whose cause of action accrued after the commencement of the
        representative proceeding but before such date as the Court fixes when
        giving leave; and

   (b)  who would have been included in the group, or, with the consent of the
        person would have been included in the group, if the cause of action
        had accrued before the commencement of the proceeding.

"(3) The date mentioned in paragraph (2)(a) may be the date on which leave is
given or another date before or after that date.

"(4) If the Court gives leave under subsection (1), it may also make any other
orders it thinks just, including an order relating to the giving of notice to
persons who, as a result of the amendment, will be included in the group and
the date before which such persons may opt out of the proceeding. Situation if
fewer than 7 group members

"442. If, at any stage of a representative proceeding, it appears likely to
the Court that there are fewer than 7 group members, the Court may, on such
conditions (if any) as it thinks fit:

   (a)  order that the proceeding continue under this Division; or

   (b)  order that the proceeding no longer continue under this Division. Cost
        of distributing money etc. excessive

"443. If:

   (a)  the relief claimed in a representative proceeding is or includes
        payment of money to group members (otherwise than in respect of
        costs); and

   (b)  on application by the respondent, the Court concludes that it is
        likely that, if judgment were to be given in favour of the
        representative party, the cost to the respondent of identifying the
        group members and distributing to them the amounts ordered to be paid
        to them would be excessive having regard to the likely total of those
        amounts; the Court may, by order:

   (c)  direct that the proceeding no longer continue under this Division; or

   (d)  stay the proceeding so far as it relates to relief of the kind
        mentioned in paragraph (a). Order that proceeding not continue as
        representative proceeding if costs excessive etc.

"444.(1) The Court may, on application by the respondent or of its own motion,
order that a proceeding no longer continue under this Division if it is
satisfied that it is in the interests of justice to do so because:

   (a)  the costs that would be incurred if the proceeding were to continue as
        a representative proceeding are likely to exceed the costs that would
        be incurred if each group member conducted a separate proceeding; or

   (b)  all the relief sought can be obtained by means of a proceeding other
        than a representative proceeding under this Division; or

   (c)  the representative proceeding will not provide an efficient and
        effective means of dealing with the claims of group members; or

   (d)  it is otherwise inappropriate that the claims be pursued by means of a
        representative proceeding.

"(2) If the Court dismisses an application under this section, the Court may
order that no further application under this section be made by the respondent
except with the leave of the Court.

"(3) Leave for the purposes of subsection (2) may be granted subject to such
conditions as to costs as the Court considers just. Consequences of order that
proceeding not continue under this Division

"445. If the Court makes an order under section 442, 443 or 444 that a
proceeding no longer continue under this Division:

   (a)  the proceeding may be continued as a proceeding by the representative
        party on his or her own behalf against the respondent; and

   (b)  on the application of a person who was a group member for the purposes
        of the proceeding, the Court may order that the person be joined as an
        applicant in the proceeding. Determination of issues if not all issues
        are common

"446.(1) If it appears to the Court that determination of the issue or issues
common to all group members will not finally determine the claims of all group
members, the Court may give directions in relation to the determination of the
remaining issues.

"(2) In the case of issues common to the claims of some only of the group
members, the directions given by the Court may include directions establishing
a sub-group consisting of those group members and appointing a person to be
the sub-group representative party on behalf of the sub-group members.

"(3) If the Court appoints a person other than the representative party to be
a sub-group representative party, that person, and not the representative
party, is liable for costs associated with the determination of the issue or
issues common to the sub-group members. Individual issues

"447.(1) In giving directions under section 446, the Court may permit an
individual group member to appear in the proceeding for the purpose of
determining an issue that relates only to the claims of that member.

"(2) In such a case, the individual group member, and not the representative
party, is liable for costs associated with the determination of the issue.
Directions relating to commencement of further proceedings

"448. If an issue cannot properly or conveniently be dealt with under section
446 or 447, the Court may:

   (a)  if the issue concerns only the claim of a particular member-give
        directions relating to the commencement and conduct of a separate
        proceeding by that member; or

   (b)  if the issue is common to the claims of all members of a
        sub-group-give directions relating to the commencement and conduct of
        a representative proceeding in relation to the claims of those
        members. Adequacy of representation

"449.(1) If, on an application by a group member, it appears to the Court that
a representative party cannot adequately represent the interests of the group
members, the Court may substitute another group member as representative party
and may make such other orders as it thinks fit.

"(2) If, on an application by a sub-group member, it appears to the Court that
a sub-group representative party cannot adequately represent the interests of
the sub-group members, the Court may substitute another person as sub-group
representative party and may make such other orders as it thinks fit. Stay of
execution in certain circumstances

"450. If a respondent in a representative proceeding commences a proceeding in
the Court against a group member, the Court may order a stay of execution in
respect of any relief awarded to the group member in the representative
proceeding until the other proceeding is determined. Settlement and
discontinuance-representative proceeding

"451.(1) A representative proceeding may not be settled or discontinued
without the approval of the Court.

"(2) If the Court gives such an approval, it may make such orders as are just
with respect to the distribution of any money paid under a settlement or paid
into the Court. Settlement of individual claim of representative party

"452.(1) A representative party may, with leave of the Court, settle his or
her individual claim in whole or in part at any stage of the representative
proceeding.

"(2) A representative party who is seeking leave to settle, or who has
settled, his or her individual claim may, with leave of the Court, withdraw as
representative party.

"(3) If a person has sought leave to withdraw as representative party under
subsection (2), the Court may, on the application of a group member, make an
order for the substitution of another group member as representative party and
may make such other orders as it thinks fit.

"(4) Before granting a person leave to withdraw as a representative party:

   (a)  the Court must be satisfied that notice of the application has been
        given to group members in accordance with subsection 453(1) and in
        sufficient time for them to apply to have another person substituted
        as the representative party; and

   (b)  any application for the substitution of another group member as a
        representative party has been determined.

"(5) The Court may grant leave to a person to withdraw as representative party
subject to such conditions as to costs as the Court considers just.

"Subdivision C-Notices Notice to be given of certain matters

"453.(1) Notice must be given to group members of the following matters in
relation to a representative proceeding:

   (a)  the commencement of the proceeding and the right of the group members
        to opt out of the proceeding before a specified date, being the date
        fixed under subsection 440(1);

   (b)  an application by the respondent in the proceeding for the dismissal
        of the proceeding on the ground of want of prosecution;

   (c)  an application by a representative party seeking leave to withdraw
        under section 452 as representative party.

"(2) The Court may dispense with compliance with any or all of the
requirements of subsection (1) if the relief sought in a proceeding does not
include any claim for damages.

"(3) If the Court so orders, notice must be given to group members of the
bringing into Court of money in answer to a cause of action on which a claim
in the representative proceeding is founded.

"(4) Unless the Court is satisfied that it is just to do so, an application
for approval of a settlement under section 451 must not be determined unless
notice has been given to group members.

"(5) The Court may, at any stage, order that notice of any matter be given to
a group member or group members.

"(6) Notice under this section must be given as soon as practicable after the
happening of the event to which the notice relates. Notices-ancillary
provisions

"454.(1) This section is concerned with notices under section 453.

"(2) The form and content of a notice must be as approved by the Court.

"(3) The Court must, by order, specify:

   (a)  who is to give the notice; and

   (b)  how the notice is to be given; and the order may include provision:

   (c)  directing a party to provide information relevant to the giving of the
        notice; and

   (d)  relating to the costs of notice.

"(4) An order under subsection (3) may require that notice be given by means
of press advertisement, radio or television broadcast, or by any other means.

"(5) The Court may not order that notice be given personally to each group
member unless it is satisfied that it is reasonably practicable, and not
unduly expensive, to do so.

"(6) A notice that concerns a matter for which the Court's leave or approval
is required must specify the period within which a group member or other
person may apply to the Court, or take some other step, in relation to the
matter.

"(7) A notice that includes or concerns conditions must specify the conditions
and the period, if any, for compliance.

"(8) The failure of a group member to receive or respond to a notice does not
affect a step taken, an order made, or a judgment given, in a proceeding.

"Subdivision D-Judgment etc. Judgment-powers of the Court

"455.(1) The Court may, in determining a matter in a representative
proceeding, do any one or more of the following:

   (a)  determine an issue of law;

   (b)  determine an issue of fact;

   (c)  make a declaration of liability;

   (d)  grant any equitable relief;

   (e)  make an award of damages for group members, sub-group members or
        individual group members, being damages consisting of specified
        amounts or of amounts worked out as the Court specifies;

   (f)  award damages in an aggregate amount without specifying amounts
        awarded in respect of individual group members;

   (g)  make such other order as the Court thinks just.

"(2) In making an order for an award of damages, the Court must make provision
for the payment or distribution of the money to the group members entitled.

"(3) Subject to section 451, the Court is not to make an award of damages
under paragraph (1)(f) unless a reasonably accurate assessment can be made of
the total amount to which group members will be entitled under the judgment.

"(4) If the Court has made an order for the award of damages, the Court may
give such directions (if any) as it thinks just in relation to:

   (a)  how a group member is to establish his or her entitlement to share in
        the damages; and

   (b)  how any dispute regarding the entitlement of a group member to share
        in the damages is to be determined. Constitution etc. of fund

"456.(1) Without limiting subsection 455(2), in making provision for the
distribution of money to group members, the Court may provide for:

   (a)  the constitution and administration of a fund consisting of the money
        to be distributed; and

   (b)  either:

        (i)    the payment by the respondent of a fixed sum of money into the
               fund; or

        (ii)   the payment by the respondent into the fund of such
               instalments, on such terms, as the Court directs to meet the
               claims of group members; and

   (c)  entitlements to interest earned on the money in the fund.

"(2) The costs of administering a fund are to be borne by the fund, or by the
respondent in the representative proceeding, as the Court directs.

"(3) If the Court orders the constitution of a fund mentioned in subsection
(1), the order must:

   (a)  require notice to be given to group members in such manner as is
        specified in the order; and

   (b)  specify the manner in which a group member is to make a claim for
        payment out of the fund and establish his or her entitlement to the
        payment; and

   (c)  specify a day (which is 6 months or more after the day on which the
        order is made) on or before which the group members are to make a
        claim for payment out of the fund; and

   (d)  make provision in relation to the day before which the fund is to be
        distributed to group members who have established an entitlement to be
        paid out of the fund.

"(4) The Court may allow a group member to make a claim after the day fixed
under paragraph (3)(c) if:

   (a)  the fund has not already been fully distributed; and

   (b)  it is just to do so.

"(5) On application by the respondent in the representative proceeding after
the day fixed under paragraph (3)(d), the Court may make such orders as are
just for the payment from the fund to the respondent of the money remaining in
the fund. Effect of judgment

"457. A judgment given in a representative proceeding:

   (a)  must describe or otherwise identify the group members who will be
        affected by it; and

   (b)  binds all such persons other than any person who has opted out of the
        proceeding under section 440.

"Subdivision E-Appeals Appeals to the Court

"458.(1) The following appeals under Subdivision B of Division 5 from a
judgment of the Court in a representative proceeding may themselves be brought
as representative proceedings:

   (a)  an appeal by the representative party on behalf of group members and
        in respect of the judgment to the extent that it relates to issues
        common to the claims of group members;

   (b)  an appeal by a sub-group representative party on behalf of sub-group
        members in respect of the judgment to the extent that it relates to
        issues common to the claims of sub-group members.

"(2) The parties to an appeal referred to in paragraph (1)(a) are the
representative party, as the representative of the group members, and the
respondent.

"(3) The parties to an appeal referred to in paragraph (1)(b) are the
sub-group representative party, as the representative of the sub-group
members, and the respondent.

"(4) On an appeal by the respondent in a representative proceeding, other than
an appeal referred to in subsection (5), the parties to the appeal are:

   (a)  in the case of an appeal in respect of the judgment generally-the
        respondent and the representative party as the representative of the
        group members; and

   (b)  in the case of an appeal in respect of the judgment to the extent that
        it relates to issues common to the claims of sub-group members-the
        respondent and the sub-group representative party as the
        representative of the sub-group members.

"(5) The parties to an appeal in respect of the determination of an issue that
relates only to a claim of an individual group member are that group member
and the respondent.

"(6) If the representative party or the sub-group representative party does
not bring an appeal within the time provided for instituting appeals, another
member of the group or sub-group may, within a further 21 days, bring an
appeal as representing the group members or sub-group members, as the case may
be.

"(7) If an appeal is brought from a judgment of the Court in a representative
proceeding, the Court may direct that notice of the appeal be given to such
person or persons, and in such manner, as the Court thinks appropriate.

"(8) Section 440 does not apply to an appeal proceeding.

"(9) The notice instituting an appeal in relation to issues that are common to
the claims of group members or sub-group members must describe or otherwise
identify the group members or sub-group members, as the case may be, but need
not specify the names or number of those members. Appeals to the High
Court-extended operation of sections 458 and 461

"459.(1) Sections 458 and 461 apply in relation to appeals to the High Court
from judgments of the Court in representative proceedings in the same way as
they apply to appeals to the Court from such judgments.

"(2) Nothing in subsection (1) limits the operation of section 432 whether in
relation to appeals from judgments of the Court in representative proceedings
or otherwise.

"Subdivision F-Miscellaneous Suspension of limitation periods

"460.(1) On the commencement of a representative proceeding, the running of
any limitation period that applies to the claim of a group member to which the
proceeding relates is suspended.

"(2) The limitation period does not begin to run again unless either the
member opts out of the proceeding under section 440 or the proceeding, and any
appeals arising from the proceeding, are determined without finally disposing
of the group member's claim. General power of Court to make orders

"461.(1) In any proceeding (including an appeal) conducted under this
Division, the Court may, of its own motion or on application by a party or a
group member, make any order the Court thinks appropriate or necessary to
ensure that justice is done in the proceeding.

"(2) Subsection (1) does not limit the operation of section 418. Saving of
rights, powers etc.

"462. Except as otherwise provided by this Division, nothing in this Division
affects:

   (a)  the commencement or continuance of any action of a representative
        character commenced otherwise than under this Division; or

   (b)  the Court's powers under provisions other than this Division, for
        example, its powers in relation to a proceeding in which no reasonable
        cause of action is disclosed or that is oppressive, vexatious,
        frivolous or an abuse of the process of the Court; or

   (c)  the operation of any law relating to:

        (i)    vexatious litigants (however described); or

        (ii)   proceedings of a representative character; or

        (iii)  joinder of parties; or

        (iv)   consolidation of proceedings; or

        (v)    security for costs. Reimbursement of representative party's
               costs

"463.(1) If the Court has made an award of damages in a representative
proceeding, the representative party or a sub-group representative party, or a
person who has been such a party, may apply to the Court for an order under
this section.

"(2) If, on an application under this section, the Court is satisfied that the
costs reasonably incurred in relation to the representative proceeding by the
person making the application are likely to exceed the costs recoverable by
the person from the respondent, the Court may order that an amount equal to
the whole or a part of the excess be paid to that person out of the damages
awarded.

"(3) On an application under this section, the Court may also make any other
order it thinks just.

"Division 7-Registries, officers and seal Registries

"464.(1) The Governor-General is to cause such Registries of the Court to be
established as he or she thinks fit, but so that at least one Registry is
established in each State, in the Australian Capital Territory and in the
Northern Territory.

"(2) The Governor-General is to designate one of the Registries as the
Principal Registry, and each of the other Registries as a District Registry in
respect of such District as the Governor-General specifies. Officers of Court

"465. In relation to a proceeding under this Act, the officers of the Court
have such duties, powers and functions as are given by this Act or the Rules
of Court or by the Chief Justice. Powers of Registrars

"466.(1) Subject to subsection (2), the following powers of the Court may, if
the Court or a Judge so directs, be exercised by a Registrar:

   (a)  the power to dispense with service of process of the Court;

   (b)  the power to make orders in relation to substituted service;

   (c)  the power to make orders in relation to discovery, inspection and
        production of documents in the possession, power or custody of a party
        to proceedings in the Court or of any other person;

   (d)  the power to make orders in relation to interrogatories;

   (e)  the power, in proceedings in the Court, to make an order adjourning
        the hearing of the proceedings;

   (f)  the power to make an order as to costs;

   (g)  the power to make an order exempting a party to proceedings in the
        Court from compliance with a provision of the Rules of Court;

   (h)  a power of the Court prescribed by the Rules of Court.

"(2) A Registrar must not exercise the powers referred to in paragraph (1)(f)
except in relation to costs of or in connection with an application heard by a
Registrar.

"(3) The provisions of this Act and the Rules of Court that relate to the
exercise by the Court of a power that is, by virtue of subsection (1),
exercisable by a Registrar apply in relation to an exercise of the power by a
Registrar under this section as if a reference in those provisions to the
Court were a reference to the Registrar.

"(4) Despite any other provision of this Act and any provision of the Public
Service Act 1922 or of any other law, a Registrar is not subject to the
direction or control of any person or body in relation to the manner in which
he or she exercises powers under subsection (1).

"(5) A party to proceedings in which a Registrar has exercised any of the
powers of the Court under subsection (1) may, within the time prescribed by
the Rules of Court, or within any further time allowed in accordance with the
Rules of Court, apply to the Court to review that exercise of power.

"(6) The Court may, on an application under subsection (5) or of its own
motion, review an exercise of power by a Registrar under this section and may
make such order or orders as it thinks fit with respect to the matter with
respect to which the power was exercised.

"(7) Where an application for the exercise of a power referred to in
subsection (1) is being heard by a Registrar; and

   (a)  the Registrar considers that it is not appropriate for the application
        to be determined by a Registrar acting under this section; or

   (b)  an application is made to the Registrar to arrange for the
        first-mentioned application to be determined by the Court; he or she
        must not hear, or continue to hear, the application and must make
        appropriate arrangements for the application to be heard by the Court.

"(8) In this section:
'Registrar' means the Registrar, a Deputy Registrar, a District Registrar or a
Deputy District Registrar of the Court. Seal of Court

"467.(1) The Court is to have a seal, whose design is to be determined by the
Minister.

"(2) The seal of the Court is to be kept at the Principal Registry in such
custody as the Chief Justice directs.

"(3) The Registrar must have in his or her custody a stamp whose design is the
same, as nearly as practicable, as that of the seal of the Court, but with the
addition of the words 'Principal Registry'.

"(4) The District Registrar in respect of each District Registry must have in
his or her custody a stamp whose design is the same, as nearly as practicable,
as that of the seal of the Court, but with the addition of such words as the
Chief Justice directs for the purpose of relating the stamp to that District
egistry.

"(5) A document or a copy of a document marked with a stamp referred to in
subsection (3) or (4) is as valid and effectual as if it had been sealed with
the seal of the Court.

"(6) The seal of the Court and the stamps referred to in this section are to
be affixed to documents as provided by this or any other Act or by the Rules
of Court. Writs etc.

"468. All writs, commissions and process issued from the Court must be:

   (a)  under the seal of the Court; and

   (b)  signed by the Registrar, a District Registrar or an officer acting
        with the authority of the Registrar or a District Registrar.

"Division 8-Representation and intervention Representation of parties before
Court

"469.(1) A party to a proceeding before the Court in a matter arising under
this Act may appear in person.

"(2) Subject to this and any other Act, a party to a proceeding before the
Court in a matter arising under this Act may be represented only as provided
by this section.

"(3) A party (including an employing authority) may be represented by counsel
or solicitor.

"(4) An employing authority may be represented by a prescribed person.

"(5) Regulations made for the purposes of subsection (4) may prescribe
different classes of persons in relation to different classes of proceedings.

"(6) Subject to subsections (8) and (9), a party that is an organisation may
be represented by:

   (a)  a member, officer or employee of the organisation; or

   (b)  a member, officer or employee of a peak council to which the
        organisation is affiliated.

"(7) Subject to subsections (8) and (9), a party other than an organisation or
employing authority may be represented by:

   (a)  an officer or employee of the party; or

   (b)  a member, officer or employee of an organisation of which the party is
        a member; or

   (c)  an officer or employee of a peak council to which the party is
        affiliated; or

   (d)  an officer or employee of a peak council to which an organisation or
        association of which the party is a member is affiliated.

"(8) Subsections (6) and (7) do not apply in relation to:

   (a)  proceedings under section 422; or

   (b)  proceedings in relation to offences against this Act.

"(9) In a relevant proceeding, a party may be represented as provided by
subsection (6) and (7) only with the leave of the Court.

"(10) In this section:
'party' includes an intervener;
'relevant proceeding' means:

   (a)  proceedings under section 46, 82, 153, 413 or 431; or

   (b)  proceedings under section 429. Intervention generally

"470. If the Court is of the opinion that an organisation, person or body
should be heard in a proceeding before the Court in a matter arising under
this Act, the Court may grant leave to the organisation, person or body to
intervene in the proceeding. Particular rights of intervention of Minister

"471.(1) The Minister may, on behalf of the Commonwealth, by giving written
notice to the Registrar of the Court, intervene in the public interest in a
proceeding before the Court in a matter arising under this Act.

"(2) If the Minister intervenes in a proceeding before the Court, the Court
may, despite section 347, make an order as to costs against the Commonwealth.

"(3) If the Minister intervenes in a proceeding before the Court, then, for
the purposes of the institution and prosecution of an appeal from a judgment
given in the proceeding, the Minister is taken to be a party to the
proceeding.

"(4) If, under subsection (3), the Minister institutes an appeal from a
judgment, a court hearing the appeal may, despite section 347, make an order
as to costs against the Commonwealth.

"Division 9-General Practice and procedure

"472.(1) Subject to any provision made by or under this or any other Act with
respect to practice and procedure, the practice and procedure of the Court
shall be in accordance with Rules of Court made under this Act.

"(2) In so far as the provisions for the time being applicable in accordance
with subsection (1) are insufficient, the Rules of the High Court, as in force
for the time being, apply to the Court's practice and procedure, so far as
they can, and so apply:

   (a)  with such modifications as the circumstances require; and

   (b)  subject to any directions of the Court or a Judge.

"(3) In this section:
'practice and procedure' includes all matters in relation to which Rules of
Court may be made under this Act. Form of oath or affirmation

"473.(1) This is the form of oath for the purposes of sections 368, 387 and
410:
  'I,                                  , do swear that I will well and truly
serve in the office of (Chief Justice, Judge, Judicial Registrar, Registrar,
District Registrar, Deputy Registrar, or Deputy District Registrar, as the
case requires) of the Industrial Relations Court of Australia and that I will
do right to all manner of people according to law, without fear or favour,
affection or ill will, So help me God.'.

"(2) This is the form of affirmation for the purposes of those sections:
  'I,                                  , do solemnly and sincerely promise and
declare that I will well and truly serve in the office of (Chief Justice,
Judge, Judicial Registrar, Registrar, District Registrar, Deputy Registrar, or
Deputy District Registrar, as the case requires) of the Industrial Relations
Court of Australia and that I will do right to all manner of people according
to law, without fear or favour, affection or ill will.'. Oaths and
affirmations

"474.(1) A Judge may require and administer all necessary oaths and
affirmations.

"(2) A person may, for the purposes of any proceeding in the Court, make an
affirmation instead of an oath.

"(3) Subject to the Rules of Court, the forms of oaths and affirmations must
be the same, as nearly as practicable, as those that are used in the Supreme
Court of the State or Territory in which the oath or affirmation is
administered. Swearing of affidavits

"475.(1) An affidavit to be used in a proceeding in the Court may be sworn
within Australia or a Territory before a person authorised to administer oaths
for the purposes of the High Court or the Supreme Court of a State or
Territory, a Judge of the Court, the Registrar, a Deputy Registrar, a District
Registrar or a Deputy District Registrar, a justice of the peace, a
commissioner of affidavits or a commissioner for declarations.

"(2) An affidavit to be used in a proceeding in the Court may be sworn at a
place outside Australia and the Territories before:

   (a)  a Commissioner of the High Court authorised to administer oaths in
        that place for the purposes of the High Court; or

   (b)  a commissioner of the Supreme Court of a State or Territory for taking
        affidavits empowered and authorised to act in that place; or

   (c)  an Australian Diplomatic Officer, or an Australian Consular Officer,
        as defined by the Consular Fees Act 1955, performing his or her
        function in that place; or

   (d)  a notary public performing his or her function in that place; or

   (e)  a person who is qualified to administer an oath in that place and is
        certified by a person mentioned in any of paragraphs (b), (c) and (d),
        or by the superior court of that place, to be so qualified.

"(3) An affidavit sworn outside the Commonwealth and the Territories otherwise
than before a person referred to in subsection (2) may be used in a proceeding
in the Court in circumstances provided by the Rules of Court. Orders and
commissions for examination of witnesses

"476. The Court or a Judge may, for the purposes of any proceeding before it
or him or her:

   (a)  order the examination of a person on oath before the Court or a Judge,
        an officer of the Court, or any other person, at any place within
        Australia; or

   (b)  order that a commission issue to a person, either within or beyond
        Australia, authorising him or her to take testimony on oath of a
        person; and the Court or a Judge may:

   (c)  by the same or a later order, give any necessary directions concerning
        the time, place and manner of the examination; and

   (d)  empower any party to the proceeding to give in evidence in the
        proceeding the testimony so taken on such terms (if any) as the Court
        or Judge directs. Oral and affidavit evidence

"477.(1) In a proceeding, not being the trial of a cause, testimony is to be
given by affidavit or as otherwise directed or allowed by the Court or a
Judge.

"(2) At the trial of a cause, proof may be given by affidavit of the service
of a document in or incidental to the proceedings in the cause or of the
signature, to such a document, of a party to the cause or of the solicitor of
such a party.

"(3) The Court or Judge may at any time, for sufficient reason and on such
conditions (if any) as the Court or Judge thinks necessary in the interests of
justice, direct or allow proof by affidavit at the trial of a cause to such
extent as the Court or Judge thinks fit.

"(4) Despite any order under subsection (3), if a party to a cause desires in
good faith that the maker of an affidavit (other than an affidavit referred to
in subsection (2)) proposed to be used in the cause be cross-examined with
respect to the matters in the affidavit, the affidavit may not be used in the
cause unless that person appears as a witness for such cross-examination or
the Court, in its discretion, permits the affidavit to be used without the
person so appearing.

"(5) If the parties to a cause so agree and the Court does not otherwise
order, testimony at the trial of the cause may be given by affidavit.

"(6) Subject to this section, and without prejudice to any other law that
would, if this subsection had not been enacted, expressly permit any testimony
to be otherwise given, testimony at the trial of causes shall be given orally
in court. Change of venue

"478. The Court or a Judge may, at any stage of a proceeding in the Court,
direct that the proceeding or a part of the proceeding be conducted or
continued at a place specified in the order, subject to such conditions (if
any) as the Court or Judge imposes. Reserved judgments

"479.(1) When any proceeding, after being fully heard before a Full Court of
the Court, is ordered to stand for judgment, it is not necessary that all the
Judges before whom it was heard be present together in Court to declare their
opinions.

"(2) Instead, the opinion of any one of them may be reduced to writing and may
be made public by any other of them at any later sitting of the Court at which
judgment in the proceeding is appointed to be delivered.

"(3) If that is done, the question is to be decided in the same manner, and
the judgment of the Court shall have the same force and effect, as if the
Judge whose opinion is so made public had been present in Court and declared
his or her opinion in person. Prohibition of publication of evidence etc.

"480. The Court may, at any time during or after the hearing of a proceeding
in the Court, make such order forbidding or restricting the publication of
particular evidence, or the name of a party or witness, as appears to the
Court to be necessary in order to prevent prejudice to the administration of
justice or the security of the Commonwealth. Formal defects not to invalidate

"481.(1) No proceedings in the Court are invalidated by a formal defect or an
irregularity, unless the Court considers that substantial injustice has been
caused by the defect or irregularity and that the injustice cannot be remedied
by an order of the Court.

"(2) The Court or a Judge may, on such conditions (if any) as the Court or
Judge thinks fit, make an order declaring that the proceeding is not invalid
by reason of a defect that the Court or Judge considers to be formal, or by
reason of an irregularity. Interest up to judgment

"482.(1) In proceedings for the recovery of money (including a debt or
damages) in respect of a cause of action that arose after 21 November 1984,
the Court or a Judge must, on application, unless good cause is shown to the
contrary, either:

   (a)  order that there be included in the sum for which judgment is given
        interest at such rate as the Court or Judge thinks fit on the whole or
        any part of the money for the whole or any part of the period between
        the date when the cause of action arose and the date as of which
        judgment is entered; or

   (b)  without proceeding to calculate interest in accordance with paragraph
        (a), order that there be included in the sum for which judgment is
        given a lump sum instead of any such interest.

"(2) Subsection (1) does not:

   (a)  authorise the giving of interest on interest or of a sum instead of
        such interest; or

   (b)  apply in relation to a debt on which interest is payable as of right
        whether because of an agreement or otherwise; or

   (c)  affect the damages recoverable for the dishonour of a bill of
        exchange; or

   (d)  limit the operation of any enactment or rule of law that, apart from
        this section, provides for the award of interest; or

   (e)  authorise the giving of interest, or a sum instead of interest, except
        by consent, on a sum for which judgment is given by consent.

"(3) If the sum for which judgment is given ('the relevant sum') includes, or
the Court or a Judge in its or his or her absolute discretion determines that
the relevant sum includes, an amount for:

   (a)  compensation in respect of liabilities incurred that do not carry
        interest as against the person claiming interest or claiming a sum
        instead of interest; or

   (b)  compensation for loss or damage to be incurred or suffered after the
        date on which judgment is given; or

   (c)  exemplary or punitive damages; interest, or a sum instead of interest,
        must not be given under subsection (1) in respect of such an amount or
        in respect of so much of the relevant sum as in the opinion of the
        Court or Judge represents such an amount.

"(4) Subsection (3) does not prevent interest or a sum instead of interest
being given under this subsection or compensation in respect of a liability of
the kind referred to in paragraph (3)(a) if that liability has been met by the
applicant, as from the date on which that liability was so met. Interest on
judgment

"483.(1) A judgment debt under a judgment of the Court carries interest from
the date as of which the judgment is entered.

"(2) Interest is payable:

   (a)  at such rate as is fixed by the Rules of Court; or

   (b)  if the Court, in a particular case, thinks that justice so requires-at
        such lower rate as the Court determines. Enforcement of judgment

"484.(1) Subject to the Rules of Court, a person in whose favour a judgment of
the Court is given is entitled to the same remedies for enforcement of the
judgment in a State or Territory, by execution or otherwise, as are allowed in
like cases by the laws of that State or Territory to persons in whose favour a
judgment of the Supreme Court of that State or Territory is given.

"(2) This section does not affect the operation of any provision made by or
under any other Act or by the Rules of Court for the execution and enforcement
of judgments of the Court. Offences by witnesses

"485.(1) A person duly served with a summons to appear as a witness before the
Court must not, without reasonable excuse:

   (a)  fail to attend as required by the summons; or

   (b)  fail to appear and report from day to day unless excused, or released
        from further attendance, by the Court. Penalty: 10 penalty units or
        imprisonment for 3 months.

"(2) A person appearing as a witness before the Court must not, without
reasonable excuse:

   (a)  refuse or fail to be sworn or to make an affirmation; or

   (b)  refuse or fail to answer a question that he or she is required by the
        Court to answer; or

   (c)  refuse or fail to produce a book or document that he or she is
        required by the Court, or by a summons issued from the Court, to
        produce. Penalty: 10 penalty units or imprisonment for 3 months.

"(3) Nothing in this section limits the power of the Court to punish for
contempt of the Court, but a person must not be punished under this section
and for contempt of the Court for the same act or omission.

"Division 10-Rules of Court and regulations Rules of Court

"486.(1) The Judges of the Court, or a majority of them, may make Rules of
Court, not inconsistent with this Act, making provision for or in relation to
the practice and procedure to be followed in the Court (including the practice
and procedure to be followed in Registries of the Court) and for or in
relation to all matters and things incidental to such practice or procedure,
or necessary or convenient to be prescribed for the conduct of any business of
the Court.

"(2) In particular, the Rules of Court may make provision for or in relation
to:

   (a)  pleading; and

   (b)  appearance under protest; and

   (c)  interrogatories and discovery, production and inspection of documents;
        and

   (d)  the attendance of witnesses; and

   (e)  the administration of oaths and affirmations; and

   (f)  the custody of convicted persons; and

   (g)  the service and execution of the process of the Court, including the
        manner in which and the extent to which the process of the Court, or
        notice of any such process, may be served out of the jurisdiction of
        the Court; and

   (h)  the issue by the Court of letters of request for the service in
        another country of any process of the Court; and

   (i)  the service by officers of the Court, in Australia or in a Territory,
        of the process of a court of another country or of a part of another
        country, in accordance with a request of that court or of an authority
        of that country or of that part of that country, or in accordance with
        an arrangement in force between Australia and the government of that
        other country or of that part of that other country; and

   (j)  the enforcement and execution of judgments of the Court; and

   (k)  the stay of proceedings in, or under judgments of, the Court or
        another court; and

   (l)  the prevention or termination of vexatious proceedings; and

   (m)  the death of parties; and

   (n)  the furnishing of security; and

   (o)  the costs of proceedings in the Court; and

   (p)  the means by which particular facts may be proved and the mode in
        which evidence of particular facts may be given; and

   (q)  the forms to be used for the purposes of proceedings in the Court; and

   (r)  the time and manner of instituting appeals to the Court; and

   (s)  the duties of officers of the Court; and

   (t)  the fees to be charged by practitioners practising in the Court for
        the work done by them in relation to proceedings in the Court and the
        taxation of their bills of costs, either as between party and party or
        as between solicitor and client; and

   (u)  the reception, for the purposes of this Act and Part VA of the
        Evidence Act 1905, of copies of instruments, documents and things
        reproduced by facsimile telegraphy; and

   (v)  the reception, for the purposes of this Act and Part VA of the
        Evidence Act 1905, of evidence or submissions by video link or
        telephone; and

   (w)  matters for which any other provision of this Part requires or permits
        the Rules of Court to make provision.

"(3) Rules of Court under this section have effect subject to any provision
made by this or another Act, or by rules or regulations under another Act,
about the practice and procedure in particular matters.

"(4) Sections 48, 48A, 48B, 49 and 50 of the Acts Interpretation Act 1901
apply in relation to Rules of Court made under this section as if references
in those sections to regulations were references to Rules of Court.
Regulations relating to fees

"487.(1) The Governor-General may make regulations prescribing the fees to be
paid in respect of proceedings in the Court or the service or execution of the
process of the Court by officers of the Court.

"(2) This section does not prevent the making of rules or regulations under
another Act with respect to a matter referred to in this section, or affect
the operation of any such rules or regulations so far as they are not
inconsistent with regulations under this section.".