Australian Capital Territory
Crown Proceedings Act 1992     No 60
Republication No 3
Republication date: 17 September 2002
Last amendment made by Act 2002 No 30
Amendments incorporated to 17 September 2002

Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication
The republished law
This is a republication of the Crown Proceedings Act 1992 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 17 September 2002.  It also includes any amendment, repeal or expiry affecting the republished law to 17 September 2002.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Amendments incorporated to
17 September 2002

Australian Capital Territory
Crown Proceedings Act 1992

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Dictionary	2
	3	Notes	2
Part 2	Proceedings by and against the Crown generally
	5	Proceedings by and against the Crown generally	3
	6	Immunities and limitations of liability	3
	7	Corresponding laws of States and other Territories	3
	8	Injunctive relief	4
	9	Protection of confidentiality on grounds of public interest	4
	10	Right of Attorneys-General of other jurisdictions to appear in proceedings	4
	11	Right of Attorney-General to intervene in proceedings	4
	12	Court fees and charges	5
	13	Enforcement of judgments against the Crown	6
	14	Enforcement of judgments by the Crown	7
Part 3	Provisions of special application to the Territory Crown
	15	Endorsement etc of originating process	8
	16	Service generally	8
	17	Service of subpoenas etc on Ministers	8
	18	Judicial notice of Attorney-General’s appointment etc	9
	19	Cases where right of Crown to legal representation is restricted	9
Part 4	Miscellaneous
	20	Exclusion of certain proceedings	11
	21	Regulation-making power	11
Dictionary		12
Endnotes
	1	About the endnotes	13
	2	Abbreviation key	13
	3	Legislation history	14
	4	Amendment history	15
	5	Earlier republications	16

Amendments incorporated to
17 September 2002

Australian Capital Territory
Crown Proceedings Act 1992

An Act to provide for suits by and against the Crown, and for related purposes

    

Part 1	Preliminary
1	Name of Act
This Act is the Crown Proceedings Act 1992.
2	Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1	The dictionary at the end of this Act defines certain words and expressions used in this Act.
Note 2	A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)).
3	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.

Part 2	Proceedings by and against the Crown generally
5	Proceedings by and against the Crown generally
	(1)	Subject to this Act and any relevant rules of court and subject to the Judiciary Act 1903 (Cwlth)—
	(a)	proceedings may be brought by or against the Crown in the same way as proceedings between subjects; and 
	(b)	the same procedural and substantive law applies to such proceedings as in the case of proceedings between subjects.
	(2)	Subject to the regulations, proceedings may be brought by or against the Crown—
	(a)	for the Territory Crown—under the name of the ‘Australian Capital Territory’; or
	(b)	in any other case—under the name in which the Crown could sue or be sued in the courts of its own jurisdiction.
	(3)	In this section:
proceedings, against the Crown, includes proceedings to attach earnings or other debts due or accruing from the Territory Crown to someone else.
6	Immunities and limitations of liability
This Act does not affect any immunity from, or limitation on, liability that the Crown enjoys by statute.
7	Corresponding laws of States and other Territories
The corresponding law of each State and other Territory binds the Crown in right of the Australian Capital Territory.
8	Injunctive relief
	(1)	Subject to subsection (2), injunctive relief may be granted against the Crown.
	(2)	Subject to the Administrative Decisions (Judicial Review) Act 1989, section 17 (1), a mandatory injunction cannot be made against the Crown.
9	Protection of confidentiality on grounds of public interest
This Act does not affect any rule of law under which a person may refuse to discover or produce documents, or to answer an interrogatory or other question, on the ground that to do so would be prejudicial to the public interest.
10	Right of Attorneys-General of other jurisdictions to appear in proceedings
	(1)	The Attorney-General of the Commonwealth may, on behalf of the Commonwealth, represent the Crown in right of the Commonwealth in any action, proceeding or matter (whether civil or criminal) in which the Crown in right of the Commonwealth is a party. 
	(2)	The Attorney-General of a State or another Territory may, on behalf of the State or other Territory, represent the Crown in right of the State or other Territory in any action, proceeding or matter in which the Crown in right of the State or other Territory is a party. 
11	Right of Attorney-General to intervene in proceedings
	(1)	The Attorney-General may intervene, on behalf of the Crown, in any proceedings—
	(a)	in which the interpretation or validity of a law of the Territory or the Commonwealth is in issue; or
	(b)	in which—
	(i)	legislation or executive powers of the Territory or the Commonwealth, or an instrumentality or agency of the Territory or the Commonwealth, are in issue; or
	(ii)	judicial powers of a court or tribunal established under the law of the Territory or the Commonwealth are in issue;
for the purpose of submitting argument on the issue.
	(2)	The Attorney-General has the same right of appeal in proceedings in which he or she intervenes under subsection (1) as a party to those proceedings. 
	(3)	If the Attorney-General intervenes in proceedings under this section, and there are in the opinion of the court special reasons for making an order under this subsection, the court may make an order for costs against the Crown to reimburse the parties to the proceedings for costs occasioned by the intervention. 
	(4)	In this section:
Attorney-General includes the Attorney-General for the Commonwealth, the Attorney-General for each State and the Attorney-General for each other Territory.
Crown includes the Crown in right of the Commonwealth, the Crown in right of each State and the Crown in right of each other Territory.
12	Court fees and charges
	(1)	The Territory Crown is not required to pay any court fee or charge in any proceedings.
	(2)	Any costs to which the Territory Crown is entitled shall be calculated as if the Territory Crown were liable to pay, and had in fact paid, fees and charges from which it is exempt under subsection (1).
	(3)	In this section:
carrying on a business does not include imposing or collecting—
	(a)	taxes; or
	(b)	levies; or
	(c)	fees for licences, permits or any other form of authority.
Territory authority means a body corporate established by an Act, but does not include a body declared under the Financial Management Act 1996, section 3B not to be a Territory authority.
Territory Crown does not include a Territory authority so far as the authority carries on business.
13	Enforcement of judgments against the Crown
	(1)	No writ or similar process may be issued out of any court to enforce a judgment against the Crown in right of the Territory, a State or another Territory.
	(2)	If a final judgment is given against the Crown in right of the Territory, the court shall transmit a copy of the judgment to the Chief Minister.
	(3)	If a final judgment is given against the Crown in right of a State or another Territory, the court shall transmit a copy of the judgment to the Governor or Administrator of the relevant State or Territory.
	(4)	If the Chief Minister receives a final judgment from a court of the Territory, a State or another Territory, he or she shall give directions about how the judgment is to be satisfied.
	(5)	Any Minister, agency or instrumentality of the Territory Crown to which a direction is given under subsection (4) shall carry out the direction.
	(6)	A direction under this section is sufficient authority for the appropriation of money from the general revenue of the Territory or from funds of any agency or instrumentality of the Crown.
14	Enforcement of judgments by the Crown
Subject to this Act and any relevant rules of court, a judgment recovered by the Crown may be enforced in the same way as a judgment in proceedings between subjects, and not in any other way.

Part 3	Provisions of special application to the Territory Crown
15	Endorsement etc of originating process
	(1)	If any proceedings are brought against the Territory Crown, a statement shall be endorsed on, or annexed to, the process by which the proceedings are begun, containing the prescribed information.
	(2)	A failure to comply with subsection (1) does not render proceedings void unless the court is of the opinion that the Territory Crown has been prejudiced by that failure.
16	Service generally
	(1)	Any process or document relating to proceedings must be served on the Territory Crown by serving the process or document on the chief solicitor.
	(2)	However— 
	(a)	if this Act makes special provision about service of the process or document—the process or document must be served in accordance with the special provision; and
	(b)	if the party serving the process or document has notice that a lawyer other than the government solicitor is acting for the Crown in relation to the proceedings—the process or document must be served on that lawyer.
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104).
17	Service of subpoenas etc on Ministers
	(1)	A subpoena or other process issued by a court, tribunal or authority requiring a Minister of the Crown to appear, in the Minister’s official capacity, to give evidence, or to produce documents, shall be transmitted to the chief solicitor for service on the Minister. 
	(2)	The chief solicitor shall, on receiving a subpoena or other process referred to in subsection (1), make reasonable endeavours to serve it on the Minister and shall provide proof of service to the court, tribunal or other authority. 
	(3)	The chief solicitor, if unable to serve a subpoena or other process within a reasonable time, shall inform the court, tribunal or other authority of the reasons for not being able to effect service and, in that case, the court, tribunal or other authority may direct that service be effected in some other way. 
18	Judicial notice of Attorney-General’s appointment etc 
	(1)	In any legal proceedings, a document apparently signed by the Attorney-General shall be presumed, in the absence of evidence to the contrary, to have been duly signed by the Attorney-General. 
	(2)	The instrument by which the Attorney-General is so designated shall, on production to the Supreme Court, be noted in the records of the court. 
	(3)	No action, proceeding or matter (whether civil or criminal) by or against the Attorney-General abates or is affected by any change of office holder. 
19	Cases where right of Crown to legal representation is restricted
	(1)	If an Act removes or restricts the right of a party to be represented in proceedings by a lawyer, the Territory Crown or the Attorney-General, if a party to the proceedings, may be represented by an officer or servant of the Crown (other than a lawyer, an articled law clerk or a person who holds legal qualifications under the law of the  ACT or of any other place) authorised to conduct the proceedings on behalf of the Crown or the Attorney-General. 
	(2)	In any such proceedings a document apparently signed by—
	(a)	a Minister of the Territory Crown;
	(b)	the chief executive who has control of an administrative unit; or
	(c)	the chief executive officer of an agency or instrumentality of the Territory Crown;
that appears to be an authorisation of the kind contemplated by subsection (1) shall, in the absence of proof to the contrary, be accepted as such an authorisation.

Part 4	Miscellaneous
20	Exclusion of certain proceedings
This Act does not affect—
	(a)	any proceedings for the recovery or enforcement of a fine, penalty or forfeiture (including the escheatment of a recognisance) imposed in criminal proceedings; or
	(b)	any law, custom or procedure under which the Attorney-General is entitled or liable to sue, or be sued, or intervene in proceedings, on behalf of the Crown, on the relation, or on behalf of, any other person or persons or in any other capacity or for any other purposes. 
21	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note 	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
	(2)	The regulations may make provision with respect to—
	(a)	the details to be stated or to accompany process served on the Territory Crown; and
	(b)	the service of process or other documents under this Act.

Dictionary
(see s 2)
chief solicitor means the person performing the duties of Chief Solicitor in the public service.
corresponding law means a law of a State or another Territory that is declared by the regulations to be a law that corresponds to this Act.
Crown includes a Minister, instrumentality or agency of the Crown and a prescribed person.
judgment means any judgment or order of a court.
proceedings means civil proceedings.
Territory Crown means the Crown in right of the Territory.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	s = section/subsection	
LR = legislation register	sch = schedule	
LRA = Legislation (Republication) Act 1996	sdiv = subdivision	
mod = modified / modification	sub = substituted	
No = number	SL  = Subordinate Law	
num = numbered	underlining = whole or part not commenced	
o = order	or to be expired	
om = omitted/repealed		
3	Legislation history
Crown Proceedings Act 1992 No 60
notified 28 October 1992 (Gaz 1992 No S174)
s 1, s 2 commenced 28 October 1992 (s 2 (1))
remainder commenced 15 January 1993 (s 2 (2) and Gaz 1993 No S5)
as amended by
Acts Revision (Position of Crown) Act 1993 No 44 sch 2
notified 27 August 1993 (Gaz 1993 No S165)
commenced 27 August 1993 (s 2 and see Gaz 1993 No S165)
Public Sector Management (Consequential and Transitional Provisions) Act 1994 No 38 sch 1 pt 24
notified 30 June 1994 (Gaz 1994 No S121)
s 1, s 2 commenced 30 June 1994 (s 2 (1))
commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)
Magistrates Court (Enforcement of Judgments) Act 1994 No 61 s 73, s 74
notified 11 October 1994 (Gaz 1994 No S197)
s 1, s 2 commenced 11 October 1994 (s 2 (1))
s 73, s 74 commenced 10 April 1995 (s 2 (2) and Gaz 1995 No S75)
Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch 1
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
commenced 1 June 1998 (s 2 (2))
Justice and Community Safety Amendment Act 2001 No 9 sch 1
notified 8 March 2001 (Gaz 2001 No 10)
commenced 8 March 2001 (s 2)
Legislation (Consequential Amendments) Act 2001 No 44 pt 93
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 93 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2002 No 30 pt 3.13
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.13 commenced 17 September 2002 (s 2 (1))
4	Amendment history
Name of Act
s 1	sub 2001 No 9 amdt 1.8
Dictionary
s 2	sub 2001 No 9 amdt 1.8
Notes
s 3	def chief solicitor am 1994 No 38 sch 1 pt 24
	om 2001 No 9 amdt 1.9
	def government solicitor om 2001 No 9 amdt 1.9
	defs reloc to dict 2001 No 9 amdt 1.10
	om 2001 No 9 amdt 1.11
	ins 2002 No 30 amdt 3.140
Application to the Crown
s 4	om 1993 No 44 sch 2
Proceedings by and against the Crown generally
s 5	am 1994 No 61 s 73; 2002 No 30 amdt 3.141
Right of Attorney-General to intervene in proceedings
s 11	am 2002 No 30 amdt 3.142
Court fees and charges
s 12	am 2001 No 9 amdt 1.12
Enforcement of judgments against the Crown
s 13	am 1994 No 61 s 74
Service generally
s 16	am 1997 No 96 sch 1
	sub 2002 No 30 amdt 3.143
Cases where right of Crown to legal representation is restricted
s 19	am 1994 No 38 sch 1; 2001 No 9 amdt 1.13
Regulation-making power
s 21	sub 2001 No 9 amdt 1.14
	am 2001 No 44 amdt 1.1012
Regulations
s 22	om 2001 No 9 amdt 1.14
Dictionary
dict	ins 2001 No 9 amdt 1.15
	def chief solicitor ins 2001 No 9 amdt 1.15
	def corresponding law reloc from s 3 2001 No 9 amdt 1.10
	def Crown reloc from s 3 2001 No 9 amdt 1.10
	def judgement reloc from s 3 2001 No 9 amdt 1.10
	def proceedings reloc from s 3 2001 No 9 amdt 1.10
	def Territory Crown reloc from s 3 2001 No 9 amdt 1.10
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	Act 1994 No 61	10 April 1995	
2	Act 2001 No 44	12 September 2001	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2002