Commonwealth Consolidated Acts

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FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 17

Exercise of jurisdiction in open court and in Chambers

  (1)   Except where, as authorized by this Act or another law of the Commonwealth, the jurisdiction of the Court is exercised by a Judge sitting in Chambers, the jurisdiction of the Court shall be exercised in open court.

  (1A)   For the purposes of subsection   (1), the circumstances in which the jurisdiction of the Court is exercised in open court include where the exercise of jurisdiction is made accessible to the public by way of video link, audio link or other appropriate means.

  (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;

  (b)   a proceeding on an application for orders or directions as to any matter which, by this Act or any other law of the Commonwealth, is made subject to the direction of a Judge sitting in Chambers; and

  (c)   a proceeding on any other application authorized 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 where 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.

  (5)   The reference in subsection   (4) to a sitting of the Court includes a reference to a sitting of the Court that is conducted by way of video link, audio link or other appropriate means.



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