Supreme Court Act 1959

Supreme Court Act 1959

An Act to revive the office of the Master of the Supreme Court, to rename that office as the office of Associate Judge and to consolidate and amend certain enactments relating to the Supreme Court

[The long title Amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART I - Preliminary

1.   Short title

This Act may be cited as the Supreme Court Act 1959 .

2.   Repeals

The enactments that are specified in Schedule 1 are repealed.

3.   Interpretation

[Section 3 Amended by No. 102 of 1984, s. 4 ][Section 3 Substituted by No. 91 of 1999, s. 79, Applied:15 Dec 1999] In this Act, unless the contrary intention appears –

accumulation scheme means the Tasmanian Accumulation Scheme established under the Public Sector Superannuation Reform Act 1999 ;

[Section 3 Amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] Associate Judge means the Master and Keeper of the Records mentioned in the Charter of Justice and includes an Acting Associate Judge;

barrister means a barrister within the meaning of the Legal Profession Act 1993 ;

[Section 3 Amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] Charter of Justice means the Charter of Justice granted by the letters patent of King William IV, dated 4 March 1831, constituting the Supreme Court of Van Diemen's Land;

[Section 3 Amended by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000]

[Section 3 Amended by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;

Court means the Supreme Court;

[Section 3 Amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008]

RBF Board means the Retirement Benefits Fund Board continued in existence under section 7 of the Retirement Benefits Act 1993 ;

Registrar means the Registrar mentioned in the Charter of Justice;

[Section 3 Amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] RSA means a Retirement Savings Account within the meaning of the Retirement Savings Accounts Act 1997 of the Commonwealth;

Secretary means the Secretary of the Department;

[Section 3 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] spouse includes the person with whom a person is, or was at the time of his or her death, in a significant relationship, within the meaning of the Relationships Act 2003 ;

transfer day means the day specified in a notice under section 7(5) of the Public Sector Superannuation Reform Act 1999 .

PART II - Associate Judge of the Supreme Court

[Part II Heading amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] [Part II Heading amended by No. 92 of 1974, s. 2 ]

4.   Appointment of Associate Judge

[Section 4 Substituted by No. 92 of 1974, s. 3 ]

(1)  [Section 4 Subsection (1) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] The Governor may appoint a person to be the Associate Judge.

(2)  [Section 4 Subsection (2) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] No person is qualified to be appointed under this section unless he or she is a barrister of at least 5 years' standing.

(3)  [Section 4 Subsection (3) omitted by No. 15 of 1975, s. 3 ][Section 4 Subsection (3) inserted by No. 45 of 1996, s. 7 ][Section 4 Subsection (3) omitted by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] .  .  .  .  .  .  .  .  

(4)  [Section 4 Subsection (4) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] [Section 4 Subsection (4) omitted by No. 15 of 1975, s. 3 ][Section 4 Subsection (4) inserted by No. 45 of 1996, s. 7 ]After 30 September 1996, the Associate Judge is to be paid a salary at the rate of 85% of the salary payable to a puisne judge of the Court.

(4A)  [Section 4 Subsection (4A) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] [Section 4 Subsection (4A) inserted by No. 91 of 1999, s. 80, Applied:15 Dec 1999] [Section 4 Subsection (4A) substituted by No. 52 of 2002, s. 25, Applied:27 Nov 2002] Notwithstanding subsection (4) , the Associate Judge may elect, in writing to the Secretary, at any time but not more than once in a period of one year, that the salary determined in accordance with this section may be provided –

(a) [Section 4 Subsection (4A) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] in part by the payment of salary to the Associate Judge; and

(b) [Section 4 Subsection (4A) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] in part by the payment of employer superannuation contributions to an RSA or a complying superannuation scheme, which may include the accumulation scheme.

(4B)  [Section 4 Subsection (4B) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] [Section 4 Subsection (4B) inserted by No. 91 of 1999, s. 80, Applied:15 Dec 1999] If the Associate Judge elects to sacrifice some or all of his or her salary in accordance with subsection (4A)  –

(a) the election has effect from the date of the election or from a later date specified in the election for that purpose; and

(b) [Section 4 Subsection (4B) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] the Associate Judge is taken, for any purpose related to superannuation, to have received the salary determined in accordance with subsection (4) , notwithstanding the salary sacrifice.

(5)  [Section 4 Subsection (5) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] [Section 4 Subsection (5) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 4 Subsection (5) inserted by No. 45 of 1996, s. 7 ]In addition to the salary payable under this Act, the Associate Judge is entitled to be paid any travelling allowances and other allowances as the Governor determines and, until the Governor makes a determination under this subsection, is entitled to be paid the same travelling allowances and other allowances as are applicable to the Head of a State Service Agency.

(6)  [Section 4 Subsection (6) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] [Section 4 Subsection (6) inserted by No. 45 of 1996, s. 7 ]The Associate Judge is entitled to be paid out of the Consolidated Fund.

(7)  [Section 4 Subsection (7) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] [Section 4 Subsection (7) inserted by No. 45 of 1996, s. 7 ]Any allowance payable to the Associate Judge under this Act is to be paid out of the Consolidated Fund.

(8)  [Section 4 Subsection (8) inserted by No. 45 of 1996, s. 7 ]The Consolidated Fund is appropriated to the extent necessary for the purposes of subsections (7) and (8) .

4AA.   Superannuation entitlements of Associate Judge appointed after 1 July 1999

[Section 4AA Inserted by No. 91 of 1999, s. 81, Applied:15 Dec 1999]

(1)  [Section 4AA Subsection (1) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] This section applies only in respect of a person appointed as Associate Judge after 1 July 1999.

(2)  [Section 4AA Subsection (2) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] Where a person is appointed as Associate Judge after 1 July 1999 and before the transfer day –

(a) he or she is not eligible to become a member of the contributory scheme provided by the regulations under the Retirement Benefits Act 1993 ; and

(b) [Section 4AA Subsection (2) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 4AA Subsection (2) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] references to an employee in the Public Sector Superannuation Reform Act 1999 are to be read as references to the Associate Judge; and

(c) [Section 4AA Subsection (2) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] .  .  .  .  .  .  .  .  

(d) [Section 4AA Subsection (2) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] the rate of contributions to be made in respect of the Associate Judge is 9% of the salary determined in accordance with section 4(4) ; and

(e) [Section 4AA Subsection (2) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 4AA Subsection (2) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] all such contributions are to be paid into an RSA or a complying superannuation scheme nominated by the Associate Judge in accordance with subsection (4) or, if no such nomination is made, into an investment account provided by the regulations under the Retirement Benefits Act 1993 .

(3)  [Section 4AA Subsection (3) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] Where a person is appointed as Associate Judge on or after the transfer day –

(a) he or she is not eligible to become a member of the contributory scheme provided by the regulations under the Retirement Benefits Act 1993 ; and

(b) subject to subsection (4) , he or she is to be a member of the accumulation scheme; and

(c) [Section 4AA Subsection (3) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] references to an employee in the Public Sector Superannuation Reform Act 1999 are to be read as references to the Associate Judge; and

(d) [Section 4AA Subsection (3) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] the rate of contributions to be made in respect of the Associate Judge is 9% of the salary determined in accordance with section 4(4) of this Act.

(4)  [Section 4AA Subsection (4) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] [Section 4AA Subsection (4) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] The Associate Judge may elect, either before or after commencing the duties of that office, to become a member of an RSA or a complying superannuation scheme that is not the accumulation scheme.

(5)  [Section 4AA Subsection (5) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] [Section 4AA Subsection (5) substituted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] If the Associate Judge has become a member of an RSA or a complying superannuation scheme that is not the accumulation scheme, he or she may elect at any time while holding office as such to become a member of the accumulation scheme.

(6)  [Section 4AA Subsection (6) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] Where the Associate Judge elects to become a member of a complying superannuation scheme that is not the non-contributory scheme referred to in subsection (2) or the accumulation scheme, the Secretary must, on being satisfied after making reasonable inquiries that the nominated scheme is a complying superannuation scheme, make contributions –

(a) at the rate of 9% of the salary determined in accordance with section 4(4) ; and

(b) in the manner required by the rules of that scheme and the requirements of the law of the Commonwealth.

(6A)  [Section 4AA Subsection (6A) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] [Section 4AA Subsection (6A) inserted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] Where the Associate Judge elects to become a member of an RSA, the Secretary must make contributions at the rate of 9% of the salary determined in accordance with section 4(4) .

(7)  An election under this section is to be made in writing to the Secretary.

(8)  [Section 4AA Subsection (8) inserted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] [Section 4AA Subsection (8) omitted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 4AA Subsection (8) inserted by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] For the purpose of subsection (1) , it is immaterial that, if the appointment referred to in that subsection was made after 1 July 1999 but before the commencement of the Supreme Court Amendment Act 2007 , the appointment as Associate Judge would have referred to the former style of that office: Master.

4AB.   Voluntary contributions and spouse contributions

[Section 4AB Amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] [Section 4AB Inserted by No. 91 of 1999, s. 81, Applied:15 Dec 1999] The Associate Judge may elect, in writing to the RBF Board, to make voluntary contributions or spouse contributions to the accumulation scheme or an investment account established by the regulations under the Retirement Benefits Act 1993 .

4AC.   Lump sum benefit may be taken as allocated pension

[Section 4AC Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] [Section 4AC Inserted by No. 91 of 1999, s. 81, Applied:15 Dec 1999] [Section 4AC Amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] Where the Associate Judge or his or her spouse is in receipt of a lump sum benefit, he or she may elect to transfer all or part of that benefit to the accumulation scheme or an allocated pension account established by the regulations under the Retirement Benefits Act 1993 .

4A.   Power to appoint Acting Associate Judge

[Section 4A Inserted by No. 102 of 1984, s. 5 ]

(1)  [Section 4A Subsection (1) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] [Section 4A Subsection (1) substituted by No. 75 of 1993, s. 4 ]If the Associate Judge is, for any reason, unable to perform his or her duties or functions, either generally or in respect of a particular matter or class of matters, the Governor, on the recommendation of the Chief Justice, may appoint a person who is a barrister of at least 5 years' standing to be the Acting Associate Judge for such a period, or until the happening of such an event, as the Governor may specify in the instrument of appointment.

(2)  [Section 4A Subsection (2) amended by No. 51 of 1985, s. 4 and Sched. 2, Pt. II ]Without limiting the generality of subsection (1) , a reference to reason in that subsection includes a reference to illness, leave of absence, temporary absence from Tasmania, or disqualification.

(2A)  [Section 4A Subsection (2A) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] [Section 4A Subsection (2A) inserted by No. 75 of 1993, s. 4 ]Subject to subsection (2B) , the Acting Associate Judge may–

(a) continue to maintain a legal practice and receive a share of the profits of the practice; or

(b) continue to maintain chambers as a barrister.

(2B)  [Section 4A Subsection (2B) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] [Section 4A Subsection (2B) inserted by No. 75 of 1993, s. 4 ]The Acting Associate Judge may not actively engage in the practice of a barrister or legal practitioner.

(2C)  [Section 4A Subsection (2C) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] [Section 4A Subsection (2C) inserted by No. 75 of 1993, s. 4 ] Section 5E does not apply to the Acting Associate Judge.

(3)  Except as otherwise provided by the Rules of Court –

(a) [Section 4A Subsection (3) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] an Acting Associate Judge may perform any of the functions and exercise any of the powers conferred by any enactment or otherwise on the Associate Judge;

(b) [Section 4A Subsection (3) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] any act or thing done by, or before, an Acting Associate Judge has the same force and effect as if it were done by, or before, the Associate Judge; and

(c) [Section 4A Subsection (3) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] the provisions of this Part extend to, and in relation to, a person appointed as Acting Associate Judge under subsection (1) .

5.   Tenure of office and terms of appointment of Associate Judge

[Section 5 Substituted by No. 92 of 1974, s. 3 ]

(1)  [Section 5 Subsection (1) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] [Section 5 Subsection (1) amended by No. 30 of 2004, s. 4, Applied:27 Oct 2004] Subject to this Act, a person appointed as Associate Judge holds office during good behaviour on such terms and conditions and with such immunities as apply from time to time to puisne judges of the Court.

(2)  [Section 5 Subsection (2) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] [Section 5 Subsection (2) amended by No. 17 of 2005, Sched. 1, Applied:10 Jun 2005] [Section 5 Subsection (2) amended by No. 75 of 1993, s. 5 ]A person is not eligible to be appointed, or to hold office, as Associate Judge otherwise than in an acting capacity after attaining the age of 72 years.

5A.   

[Section 5A Repealed by No. 15 of 1975, s. 3 ].  .  .  .  .  .  .  .  

5B.   

[Section 5B Substituted by No. 92 of 1974, s. 3 ][Section 5B Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 5B Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 5B Subsection (2) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 5B Repealed by No. 30 of 2004, s. 5, Applied:27 Oct 2004] .  .  .  .  .  .  .  .  

5C.   Resignation of Associate Judge

[Section 5C Inserted by No. 92 of 1974, s. 3 ][Section 5C Substituted by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] The Associate Judge may resign office by signed notice in writing delivered to the Governor.

5D.   Suspension or removal of Associate Judge from office

[Section 5D Substituted by No. 75 of 1993, s. 6 ][Section 5D Amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] The Associate Judge may only be suspended or removed from office by the Governor on an address from both Houses of Parliament seeking such suspension or removal on the ground of misbehaviour or incapacity.

5E.   Associate Judge not to engage in private practice, &c.

[Section 5E Inserted by No. 92 of 1974, s. 3 ][Section 5E Substituted by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008]

(1)  The Associate Judge must not, except for the purposes of performing the functions of that office, practise any profession or engage in other employment.

(2)  However, subsection (1) does not preclude the Associate Judge from –

(a) holding any office that, by or under an enactment, is to be or may be held by the holder of the office of Associate Judge; or

(b) holding any office or engaging in any employment with the express written permission of the Attorney-General.

5F.   Rights of State Service officer or employee appointed as Associate Judge

[Section 5F Inserted by No. 92 of 1974, s. 3 ][Section 5F Amended by No. 10 of 1982, s. 8 ][Section 5F Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 5F Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 5F Subsection (2) omitted by No. 19 of 1995, s. 13 ][Section 5F Substituted by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008]

(1)  The Associate Judge is not, as regards that particular office, subject to the provisions of the State Service Act 2000 .

(2)  However, if a person appointed as Associate Judge was a State Service officer or State Service employee immediately before that appointment –

(a) the person retains all of his or her existing and accruing rights; and

(b) for the purposes of determining those rights, the person's service as Associate Judge is to be taken into account as if it were service as a State Service officer or State Service employee.

5G.   Assistance for the Associate Judge

[Section 5G Substituted by No. 29 of 1984, s. 3 and Sched. 1 ][Section 5G Amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] On being requested by the Associate Judge to do so, the Registrar may provide the services of such employees employed in the Supreme Court and Sheriff's Department as the Registrar considers may reasonably be necessary to help the Associate Judge perform the duties of that office.

5H.   Associate Judge may act as magistrate

[Section 5H Inserted by No. 92 of 1974, s. 3 ][Section 5H Amended by No. 27 of 1992, Sched. 1, Applied:30 Mar 1998] [Section 5H Amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] In addition to his or her duties as Associate Judge, the person appointed to that office may exercise all the functions, powers, and authority of a magistrate.

5HA.   Transitional superannuation provision

[Section 5HA Inserted by No. 91 of 1999, s. 82, Applied:15 Dec 1999]

(1)  [Section 5HA Subsection (1) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] Where a person was appointed as Associate Judge after 1 July 1999 and before the commencement of the Superannuation (Parliament, Judiciary and Statutory Legal Officers) Reform Act 1999 , the amounts specified in subsection (4) are to be transferred to a complying superannuation scheme nominated by the Associate Judge, which may include an investment account established by the regulations under the Retirement Benefits Act 1993 .

(2)  [Section 5HA Subsection (2) substituted by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] Unless a nomination under subsection (1) has been made to the Treasurer within one month after the commencement of the Superannuation (Parliament, Judiciary and Statutory Legal Officers) Reform Act 1999 , the Associate Judge is taken to have elected to transfer the amounts specified in subsection (4) to an investment account established by the regulations under the Retirement Benefits Act 1993 .

(3)  The investment account referred to in subsection (2) is to be an account determined by the RBF Board.

(4)  The amounts to be transferred under this section are as follows:

(a) [Section 5HA Subsection (4) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] all contributions made by the Associate Judge under the Judges' Contributory Pensions Act 1968 , together with interest on those contributions at a rate determined by the Treasurer;

(b) [Section 5HA Subsection (4) amended by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] with respect to the period from the commencement of his or her duties until the date on which the amount is transferred in accordance with subsection (2) , an amount equal to 9% of the salary of the Associate Judge determined in accordance with section 4(4) of this Act, together with interest on that amount at a rate determined by the Treasurer.

(5)  The amount specified in subsection (4)(a) is to be transferred from the Judges' Pension Fund established under section 9 of the Judges' Contributory Pensions Act 1968 and the amount specified in subsection (4)(b) is to be transferred from the Consolidated Fund which, to the necessary extent, is appropriated accordingly.

5HB.   Transitional office holder provision

[Section 5HB Inserted by No. 55 of 2007, Sched. 1, Applied:01 Mar 2008] To avoid doubt –

(a) the person who held the office of Master of the Supreme Court immediately before the commencement of the Supreme Court Amendment Act 2007 continues to hold that office on and after that commencement, under and subject to the Supreme Court Act 1959 and on the same terms and conditions of appointment, under its new title of "Associate Judge"; and

(b) a person who held appointment as Acting Master of the Supreme Court immediately before the commencement of the Supreme Court Amendment Act 2007 continues to hold that appointment on and after that commencement, under and subject to the Supreme Court Act 1959 and on the same terms and conditions of appointment, under the new title of "Acting Associate Judge".

PART IIA - Registrar of the Supreme Court

[Part IIA Inserted by No. 92 of 1974, s. 3 ]

5J.   Registrar and Deputy Registrar

[Section 5J Substituted by No. 29 of 1984, s. 3 and Sched. 1 ]

(1)  [Section 5J Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] Subject to and in accordance with Part 6 of the State Service Act 2000 , a person may be appointed to be the Registrar of the Supreme Court.

(2)  [Section 5J Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] Subject to and in accordance with the State Service Act 2000 , persons may be appointed as Deputy Registrar of the Supreme Court and Assistant Deputy Registrar of the Supreme Court.

5K.   Deputies acting in place of Registrar

[Section 5K Inserted by No. 92 of 1974, s. 3 ][Section 5K Amended by No. 48 of 1979, s. 5 ]Subject to the Rules of Court, the Deputy Registrar or the Assistant Deputy Registrar may exercise any of the functions conferred by any enactment or otherwise on the Registrar, and any act or thing done by or before the Deputy Registrar or the Assistant Deputy Registrar has the same force and effect as if it were done by or before the Registrar.

5L.   Functions of Registrar in other offices

[Section 5L Inserted by No. 92 of 1974, s. 3 ][Section 5L Amended by No. 48 of 1979, s. 6 ][Section 5L Amended by No. 29 of 1984, s. 3 and Sched. 1 ]

(1)  Where the person who holds office as Registrar also holds an office to which this section applies, the Deputy Registrar or the Assistant Deputy Registrar appointed pursuant to this Act may act as, and exercise any of the functions conferred on, the holder of that office, and any act or thing done by or before the Deputy Registrar or the Assistant Deputy Registrar so acting has the same force and effect as if it were done by or before the person holding that office.

(2)  This section applies to the offices of –

(a) Registrar of Building Societies;

(b) Registrar of Business Names;

(c) Registrar of Friendly Societies; and

(d) Registrar under the Trades Unions Act 1889 –

and to any other office declared by the Governor by order to be an office to which this section applies.

PART III - Miscellaneous

6.   

[Section 6 Repealed by No. 34 of 1982, s. 5 ].  .  .  .  .  .  .  .  

7.   Postponement of sittings

(1)  If from any cause a judge does not open the session or sittings appointed to be held at any place on the day appointed therefor, that session or sittings shall be opened and holden either by the same or some other judge as soon afterwards as is practicable.

(2)  If in any case the judges or any one of them are or is of opinion that the matters requiring to be dealt with at any session or sittings appointed to be held at any place are not of sufficient number or importance to justify the holding of that session or sittings, or that for any other reason it is desirable so to do, they or he may, by order in writing, postpone that session or sittings to some later date specified in the order, or may direct that those matters shall be dealt with at some subsequent session or sittings to be holden at the same place.

(3)  Where the trial of a person has been postponed under subsection (2) that person shall be deemed to have been remanded to stand his trial at the time fixed by the order of postponement, and any bond or recognizance entered into for the appearance of that person to stand his trial shall be construed as enlarged accordingly.

8.   Seals of the Court

(1)  In addition to the seal of the Supreme Court under the Charter of Justice, the Court shall have and use, as occasion may require, such other seals as are recommended by the Chief Justice and approved by the Attorney-General.

(2)  The judges, or a majority of them, may make Rules of Court providing for and regulating the custody and use of any seal approved under subsection (1) and the purposes for, and occasions on which, any such seal may be used.

9.   Custody, disposal, &c., of records

[Section 9 Amended by No. 29 of 1984, s. 3 and Sched. 1 ]The judges, or a majority of them, may make Rules of Court providing for and regulating the custody, preservation, or disposal of –

(a) all or any records, or portions of records, of the Supreme Court or of its proceedings or of any special jurisdiction of the Court (including records relating to the exercise of any Federal jurisdiction or any jurisdiction under any Commonwealth Act); and

(b) any documents filed or deposited in connection with any such proceedings or the exercise of any such jurisdiction or under any law of this State or of the Commonwealth –

whether or not the person to be entrusted for the time being or from time to time with the custody of any such records or documents is an officer in the service of this State or of the Commonwealth or otherwise.

10.   Taxing officers

[Section 10 Substituted by No. 92 of 1974, s. 4 ][Section 10 Amended by No. 48 of 1979, s. 7 ]

(1)  The Registrar, the Deputy Registrar, the Assistant Deputy Registrar, and the District Registrars shall be taxing officers of the Court.

(2)  The work of the taxing officers shall be divided between them as the Registrar directs.

SCHEDULE 1 - Enactments Repealed

[Schedule 1 Amended by No. 36 of 1958, s. 4 and Sched. 3 ]

Section 2

Enactments Repealed