Part 7. Judicature

Rule of the people,by the people,for the people.

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Chapter 7, Part 1

The Australian Judicature Act:

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(7.) The Justicial Powers shall be within the Individual Two-Third Majority Vote Self Government of Australia by it's citizens.

(7.1.) The judicial power of the Individual Two-Third Majority Vote Self-Government of Australia shall be vested in a National Supreme Court, to be called the High Court of Australia, and in such other National courts as the Individual Two-Third Majority Vote Self-Government of Australia creates, and in such other courts as it invests with National jurisdiction. The High Court shall consist of a Chief Justice, and so many other Justices, not less than two, as the Individual Two-Third Majority Vote Self-Government of Australia prescribes.

(7.2.) The Justices of the High Court and of the other courts created by the

Individual Two-Third Majority Vote Self-Government of Australia --

(1.) Shall be appointed by the Individual Two-Third Majority Vote Self-Government of Australia:

(2.) Shall not be removed except by the Individual Two-Third Majority Vote Self-Government of Australia, praying for such removal on the ground of proved misbehaviour or incapacity:

(3.) Shall receive such remuneration as the Individual Two-Third Majority Vote Self-Government of Australia may fix; but the remuneration shall not be diminished during their continuance in office. The appointment of a Justice of the High Court shall be for a term expiring upon his attaining the age of seventy years, and a person shall not be appointed as a Justice of the High Court if he has attained that age. The appointment of a Justice of a court created by the Individual Two-Third Majority Vote Self-Government of Australia shall be for a term expiring upon his attaining the age that is, at the time of his appointment, the maximum age for Justices of that court and a person shall not be appointed as a Justice of such a court if he has attained the age that is for the time being the maximum age for Justices of that court. Subject to this section, the maximum age for Justices of any court created by the Individual Two-Third Majority Vote Self-Government of Australia is seventy years. The Individual Majority Vote Self-Government of Australia may make a law fixing an age that is less than seventy years as the maximum age for Justices of a court created by the Individual Two-Third Majority Vote Self-Government of Australia and may at any time repeal or amend such a law, but any such repeal or amendment does not affect the term of office of a Justice under an appointment made before the repeal or amendment by the Individual Two-Third Majority Vote Self-Government of Australia. A Justice of the High Court or of a court created by the Individual Two-Third Majority Vote Self-Government of Australia may resign his office by writing under his hand delivered to the High Court. Nothing in the provisions added to this section by the Constitution Alteration (Retirement of Judges) 1977 affects the continuance of a person in office as a Justice of a court under an appointment made before the commencement of those provisions. A reference in this section to the appointment of a Justice of the High Court or of a court created by the Individual Two-Third Majority Vote Self-Government of Australia shall be read as including a reference to the appointment of a person who holds office as a Justice of the High Court or of a court created by the Individual Two-Third Majority Vote Self-Government of Australia to another office of Justice of the same court having a different status or designation.

(7.3.) The High Court shall have jurisdiction, with such exceptions and subject to such regulations as the Individual Two-Third Majority Vote Self-Government of Australia prescribes, to hear and determine appeals from all judgments, decrees, orders, and sentences--

(1.) Of any Justice or Justices exercising the original jurisdiction of the High Court:

(2.) Of any other National court, or court exercising National jurisdiction; or of the Supreme Court of any State and Territory, or of any other court of any State or Territory from which at the establishment of the Individual Two-Third Majority Vote Self-Government of Australia:

(3.) Of the Inter-State Commission, but as to questions of law only: and the judgment of the High Court in all such cases shall be final and conclusive. But no exception or regulation prescribed by the Individual Two-Third  Majority Vote Self-Government of Australia shall prevent the High Court from hearing and determining any appeal from the Supreme Court of a State or Territory in any matter in which at the establishment of the Individual Two-Third Majority Vote Self-Government of Australia. Until the Individual Majority Vote Self-Government of Australia otherwise provides, the conditions of and restrictions on appeals from the Supreme Courts of the several States and Territory shall be applicable to appeals from them to the High Court.

(7.4.) The Constitutional powers of the Individual Two-Third Majority Vote Self-Government of Australia and those of any State or Territory, or as to the limits inter se of the Constitutional powers of any two or more States or Territories, unless the High Court shall certify that the Question is one which ought to be determined by the Individual Two-Third  Majority Vote Self-Government of Australia. The High Court may so certify if satisfied that for any special reason the certificate should be granted. Individual Two-Third Majority Vote Self-Government of Australia may make laws limiting the matters in which such leave may be asked, but proposed laws containing any such limitation.

(7.5.) In all matters--

(1.) Arising under any treaty:

(2.) Affecting consuls or other representatives of other countries:

(3.) In which the Individual Two-Third Majority Vote Self-Government of Australia, or a person suing or being sued on behalf of the Individual Two-Third Majority Vote Self-Government of Australia, is a party:

(4.) Between States or Territories, or between residents of different States or Territories, or between a State or Territory and a resident of another State or Territory:

(5.) In which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Individual Two-Third Majority Vote Self-Government of Australia, the High Court shall have original jurisdiction.

(7.6.) The Individual Two-Third Majority Vote Self-Government of Australia may make laws conferring original jurisdiction on the High Court in any matter--

(1.) Arising under this Constitution, or involving its interpretation:

(2.) Arising under any laws made by the Individual Two-Third Majority Vote Self-Government of Australia:

(3.) Of Admiralty and maritime jurisdiction:

(4.) Relating to the same subject-matter claimed under the laws of different States or Territories.

(7.7.) With respect to any of the matters mentioned in the last two sections the Individual Two-Third Majority Vote Self-Government of Australia may make laws--

(1.) Defining the jurisdiction of any National court other than the High Court:

(2.) Defining the extent to which the jurisdiction of any National court shall be exclusive of that which belongs to or is invested in the courts of the States and Territories:

(3.) Investing any court of a State or Territory with National jurisdiction.

(7.8.) The Individual Two-Third Majority Vote Self-Government of Australia may make laws conferring rights to proceed against the Individual Two-Third Majority Vote Self-Government of Australia or a State or Territory in respect of matters within the limits of the judicial power.

(7.9.) The National jurisdiction of any court may be exercised by such number of judges as the Individual Two-Third Majority Vote Self-Government of Australia prescribes.

(7.10.) The trial on indictment of any offence against any law of the Individual Two-Third Majority Vote Self-Government of Australia shall be by jury, and every such trial shall be held in the State or Territory where the offence was committed, and if the offence was not committed within any State the trial shall be held at such place or places as the Individual Two-Third Majority Vote Self-Government of Australia prescribes.

(7.11.) Public Servants shall or may submit Issues of Concern within their Government Department towards an Efficient Department, if the Issue of Concern is Structure within any Government Departments the Public Servant shall receive a One (1.), Off Payment of Six Thousand Dollars ($6,000.).

(7.12.) Public Servants that submit an Issue of Concern of corruption within their or another Government Department that shall lead to a conviction shall receive a One (1.) Off Payment, of Six Thousand Dollars, ($6,000.).

Public Servants that may be convicted of corruption within the Individual Majority Vote Self-Government of Australia shall Constitution the Loss all Entitlements, as well as a Conviction Decided by the National High Court of Australia.

(7.13.) The Individual Two-Third Majority Vote Self-Government of Australia Within a Debate shall have the power to change matters in respect of a Decision made by the High court or any court of Australia.

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