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This is a Bill, not an Act. For current law, see the Acts databases.
COURTS (JUDICIAL APPOINTMENTS) AMENDMENT BILL 2008
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Zed Seselja)
Courts
(Judicial Appointments) Amendment Bill 2008
Contents
Page
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Zed Seselja)
Courts (Judicial
Appointments) Amendment Bill 2008
A Bill for
An Act to amend the
Magistrates Court Act 1930
and the Supreme Court Act 1933
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Courts (Judicial Appointments) Amendment
Act 2008.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Part
2 Magistrates Court Act
1930
3 Legislation
amended—pt 2
This part amends the Magistrates Court Act 1930.
before section 7A, insert
7AA Consultation with Assembly
committee—magistrates
(1) Before appointing a magistrate, the Executive must consult the
appropriate Legislative Assembly committee (the committee).
Note Section 320A sets out what is the appropriate Legislative
Assembly committee.
(2) The committee may make a recommendation to the Executive about the
proposed appointment.
(3) The Executive must not make the appointment until the Executive has
received a recommendation or 30 days have passed since the consultation took
place, whichever happens first.
(4) In making the appointment, the Executive must have regard to any
recommendation made by the committee.
before section 8A, insert
8AA Consultation with Assembly
committee—special magistrates
(1) Before appointing a special magistrate, the Executive must consult the
appropriate Legislative Assembly committee (the
committee).
Note Section 320A sets out what is the appropriate Legislative
Assembly committee.
(2) The committee may make a recommendation to the Executive about the
proposed appointment.
(3) The Executive must not make the appointment until the Executive has
received a recommendation or 30 days have passed since the consultation took
place, whichever happens first.
(4) In making the appointment, the Executive must have regard to any
recommendation made by the committee.
insert
320A Appropriate Legislative Assembly
committee
(1) The Speaker may nominate a standing committee of the Legislative
Assembly to be the appropriate committee for this Act.
(2) If no nomination under subsection (1) is in effect, the appropriate
committee is the standing committee of the Legislative Assembly responsible for
the consideration of legal issues.
7 Dictionary,
new definition of appropriate Legislative Assembly
committee
insert
appropriate Legislative Assembly committee means the
appropriate committee under section 320A.
Part
3 Supreme Court Act 1933
8 Legislation
amended—pt 3
This part amends the Supreme Court Act 1933.
before section 4A, insert
4AA Consultation with Assembly
committee—resident judges
(1) Before appointing a resident judge, the Executive must consult the
appropriate Legislative Assembly committee (the
committee).
Note Section 75 sets out what is the appropriate Legislative
Assembly committee.
(2) The committee may make a recommendation to the Executive about the
proposed appointment.
(3) The Executive must not make the appointment until the Executive has
received a recommendation or 30 days have passed since the consultation took
place, whichever happens first.
(4) In making the appointment, the Executive must have regard to any
recommendation made by the committee.
insert
40A Consultation with Assembly
committee—master
(1) Before appointing the master, the Executive must consult the
appropriate Legislative Assembly committee (the
committee).
Note Section 75 sets out what is the appropriate Legislative
Assembly committee.
(2) The committee may make a recommendation to the Executive about the
proposed appointment.
(3) The Executive must not make the appointment until the Executive has
received a recommendation or 30 days have passed since the consultation took
place, whichever happens first.
(4) In making the appointment, the Executive must have regard to any
recommendation made by the committee.
insert
75 Appropriate Legislative Assembly
committee
(1) The Speaker may nominate a standing committee of the Legislative
Assembly to be the appropriate committee for this Act.
(2) If no nomination under subsection (1) is in effect, the appropriate
committee is the standing committee of the Legislative Assembly responsible for
the consideration of legal issues.
12 Dictionary,
new definition of appropriate Legislative Assembly
committee
insert
appropriate Legislative Assembly committee means the
appropriate committee under section 75.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2008.
2 Notification
Notified under the Legislation Act on 2008.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2008
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