A BILL to regulate the procedure relating to writs of habeas corpus: for this purpose to amend the Common Law Procedure Act, 1899-1965; and for purposes connected therewith.

BE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same as follows:-

1. (1) This Act may be cited as the Habeas Corpus Act, 1966	Short title and citation.
(2) The Common Law Procedure Act, 1899-1965, as amended by this Act, may by cited as the Common Law Procedure Act, 1899-1966.
(3) The Supreme Court and Circuit Courts Act, 1900-1965, as amended by this Act, may be cited as the Supreme Court and Circuit Courts Act, 1900-1966.
2. (1) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.	Commencement and application.
(2) The amendments made by this Act do not apply to an application made before the commencement of this Act for an order nisi or an order absolute in the first instance for a writ of habeas corpus nor to proceedings under an application so made.
3. The Common Law Procedure Act, 1899-1965, is amended by omitting Part XXII and inserting in lieu thereof the following Part:-	Amendment of Act No.21, 1899.
PART XXII - HABEAS CORPUS
251A. Proceedings for habeas corpus shall be taken in accordance with this Part and not otherwise.	Proceedings - How taken.
252. Every application for an order nisi or an order absolute in the first instance for a writ or habeas corpus shall be made to a Judge. Such application may be made ex parte in the manner prescribed.	Application.
252A. Notwithstanding anything in any enactment or rule of law, where application for an order nisi or an order absolute in the first instance for a writ of habeas corpus has been made by or in respect of any person, no such application shall again be made by or in respect of that person or the same grounds, whether to the same Judge or to any other Judge, unless fresh evidence is adduced in support of the application.	Further application cf 8 & 9 Eliz.II, c.65, s14(2).
253 (1). Every order nisi for a writ of habeas corpus shall be returnable before a Judge sitting in public chambers whether in Term or not unless the Judge considers that it should be returnable before the Court of Appeal.	Return of order nisi.
(2). On the return of such order the Judge or the Court of Appeal may dispose of the case as the circumstances appear to require and may make such order as to costs as the Judge or the Court of Appeal thinks fit.
254. Any order made by a Judge under section two hundred and fifty-two or two hundred and fifty-three of this Act shall be subject to appeal to the Court of Appeal within the same time and in the same manner as prescribed for motions for new trial.	Appeal.
4. The Supreme Court and Circuit Courts Act, 1900-1065, is amended:-	Amendment of Act No.35, 1900.
(a) (i) by omitting from subsection one of section twenty the words “or for an order for the issues of a writ of habeas corpus”;	Sec.20 (Exercise of powers by single Judge of Judge of Appeal in certain cases).
(ii) by omitting from subsection two of the same section the words “or to make absolute an order for the issues of a writ of habeas corpus”
(b) by omitting paragraph (b) of subsection three of section 21F.	Sec. 21F (Jurisdiction of Court of Appeal).