2009

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mrs Vicki Dunne)

2009

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mrs Vicki Dunne)

An Act to amend the ACT Civil and Administrative Tribunal Act 2008, 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 and Tribunal (Appointments) Amendment Act 2009.

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)).

This part amends the ACT Civil and Administrative Tribunal Act 2008.

(1) Before appointing a presidential member, the Executive must consult the appropriate Legislative Assembly committee.

(2) The appropriate Legislative Assembly 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 appropriate Legislative Assembly committee.

(5) In this section:

appropriate Legislative Assembly committee means—

(a) a standing committee of the Legislative Assembly, nominated by the Speaker, to be the appropriate committee for this section; or

(b) if no nomination under paragraph (a) is in effect, the standing committee of the Legislative Assembly responsible for the consideration of legal issues.

This part amends the Magistrates Court Act 1930.

(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.

(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.

(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.

appropriate Legislative Assembly committee means the appropriate committee under section 320A.

This part amends the Supreme Court Act 1933.

(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.

(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.

(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.

appropriate Legislative Assembly committee means the appropriate committee under section 75.

Presentation speech made in the Legislative Assembly on 2009.

Notified under the Legislation Act on 2009.

For the latest republication of amended laws, see www.legislation.act.gov.au.