Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 4

                   In this Act, unless the contrary intention appears:

"accused" :

                     (a)  in relation to indictable primary proceedings--has the meaning given by subsection 23AB(1); and

                     (b)  in relation to criminal appeal proceedings--means the person who was the accused in the proceedings appealed from.

"alternative dispute resolution process" means a procedure or service for the resolution of disputes (other than arbitration or mediation) not involving the exercise of the judicial power of the Commonwealth.

"applicable jury district" has the meaning given by section 23DL.

"audio link" means facilities (for example, telephone facilities) that enable audio communication between persons in different places.

"bail order" means an order made under subsection 58DB(1).

"bail undertaking" means an undertaking under paragraph 58DE(1)(a).

"Chief Justice" means the Chief Justice of the Court, and includes a Judge for the time being performing the duties and exercising the powers of Chief Justice.

"civil practice and procedure provisions" has the meaning given by subsection 37M(4).

"commencing day" means the day fixed under subsection 2(2).

"Court" means the Federal Court of Australia established by this Act.

"criminal appeal proceedings" means:

                     (a)  proceedings relating to an appeal referred to in section 30AA or 30AD; or

                     (b)  proceedings relating to the seeking of leave to file such an appeal; or

                     (c)  proceedings in the Court that are ancillary to proceedings covered by paragraph (a) or (b).

"CSC" (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011 .

"Division" means the General Division or the Fair Work Division of the Court.

"electoral Division has the same meaning as Division" has in the Commonwealth Electoral Act 1918 .

"eligible primary court" means:

                     (a)  the Court constituted by a single Judge in indictable primary proceedings; or

                     (b)  the Supreme Court of a Territory (other than the Australian Capital Territory or the Northern Territory); or

                     (c)  in such cases as are provided by any other Act, a court (other than a Full Court of the Supreme Court) of a State, the Australian Capital Territory or the Northern Territory, exercising federal jurisdiction.

"examination and commitment" for trial on indictment includes commitment for trial on indictment.

"foreign country" includes a region where:

                     (a)  the region is a colony, territory or protectorate of a foreign country; or

                     (b)  the region is part of a foreign country; or

                     (c)  the region is under the protection of a foreign country; or

                     (d)  a foreign country exercises jurisdiction or control over the region; or

                     (e)  a foreign country is responsible for the region's international relations.

"forfeiture order" means an order made under subsection 58FC(1).

"former juror" means a person who has ceased to be a juror.

"Full Court" means a Full Court in a Division of the Court constituted in accordance with section 14.

"Full Court of the Supreme Court of a State or Territory" means the Supreme Court of the State or Territory when constituted by 2 or more judges, and includes the Supreme Court of the State or Territory when so constituted for the purpose of sitting as the Court of Appeal of the State or Territory.

"indictable offence matter" has the meaning given by subsection 32(6).

"indictable primary proceedings" has the meaning given by subsection 23AB(2).

"infringement notice" means an infringement notice given under section 58BA.

"Judge" means a Judge of the Court (including the Chief Justice) and, in the expression "the Court or a Judge", means a Judge sitting in Chambers.

"judgment" means:

                     (a)  a judgment, decree or order, whether final or interlocutory; or

                     (b)  a sentence;

and includes a conviction.

"juror" means a person serving as a juror in proceedings before the Court.

"jury district" means a jury district determined by the Sheriff under section 23DF.

"jury service" means service as a juror.

"lawyer" means a person enrolled as a legal practitioner of a federal court or the Supreme Court of a State or Territory.

"overarching purpose" (of the civil practice and procedure provisions) means the overarching purpose set out in subsection 37M(1).

"party" , in relation to indictable primary proceedings, has the meaning given by subsection 23AB(3).

"potential juror" means a person who:

                     (a)  has been summonsed to attend for service as a juror in proceedings before the Court; and

                     (b)  has not been empanelled as one of the jury; and

                     (c)  has not been discharged from serving on the jury.

"proceeding" means a proceeding in a court, whether between parties or not, and includes an incidental proceeding in the course of, or in connexion with, a proceeding, and also includes an appeal.

"referee" means a person to whom a question is referred for inquiry and report under section 54A.

"relevant to the accused's case" : if an accused is prosecuted on indictment, evidence is relevant to the accused's case if it is capable of either or both of the following:

                     (a)  undermining the prosecution's case;

                     (b)  assisting the accused's case.

"sitting place" , in relation to indictable primary proceedings, has the meaning given by subsection 23DK(2).

"suit" includes any civil action, or original civil proceeding, between parties.

"third party security undertaking" means an undertaking under paragraph 58DE(1)(b).

"video link" means facilities (for example, closed-circuit television facilities) that enable audio and visual communication between persons in different places.