Page 2697 - Week 09 - Wednesday, 25 August 1993
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The Bill goes on to talk about the Attorney-General of the Commonwealth or a State or Territory. I am not sure that Territories such as Christmas Island or Heard Island have either Supreme Courts or Attorneys-General. Perhaps they do, but I would be surprised. Perhaps the Minister can enlighten me about that. Certainly, it seems a bit strange that we are talking about conferring jurisdiction on the Supreme Court of Territories like Heard Island and Christmas Island. I am not aware that they have courts at all, much less Supreme Courts; but perhaps they do.
Madam Speaker, this overall scheme is a very sensible one designed to make justice convenient and accessible, and I therefore support its passage through the house today.
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (4.29), in reply: I thank the Opposition for their support. Mr Humphries is right in saying that this is something of a procedural Bill which vests the basis for cross-vesting in an ACT Act rather than a Commonwealth Act. It is part of a national scheme which is regularly reviewed at the Standing Committee of Attorneys-General. If Mr Humphries has concerns about the operation of the scheme I would be happy to provide briefings for him on its operation, and we will take up any points that he wishes to make.
As for the drafting point about the definition of "Territory", "Territory" does not include the Australian Capital Territory or the Northern Territory because the early definition of "State" says that "State" means the Australian Capital Territory, Northern Territory or a State of the Commonwealth. So for these purposes we are regarded as a State.
Debate interrupted.
ADJOURNMENT
MADAM SPEAKER: Order! It being 4.30 pm, I propose the question:
That the Assembly do now adjourn.
Mr Connolly: I require the question to be put forthwith without debate.
Question resolved in the negative.
JURISDICTION OF COURTS (CROSS-VESTING) BILL 1993
Debate resumed.
MR CONNOLLY: So "Territory" here does refer really to those island Territories which probably will not generate much business but which do have Supreme Courts. I can advise Mr Humphries that I know well about the Supreme Court of Christmas Island because for a period I worked as an associate to a Supreme Court judge who also exercised jurisdiction as a judge of the Supreme Court of Christmas Island and, indeed, we went to Christmas Island.
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