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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015-2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Law and Justice Legislation Amendment
(Northern Territory Local Court) Bill
2016
No. , 2016
(Attorney-General)
A Bill for an Act to deal with consequential and
transitional matters arising from the enactment of
the Local Court Act 2015 of the Northern Territory,
and for related purposes
No. , 2016
Law and Justice Legislation Amendment (Northern Territory Local
Court) Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Main amendments
3
A.C.T. Self-Government (Consequential Provisions) Regulations
3
Acts Interpretation Act 1901
3
Bankruptcy Act 1966
4
Customs Act 1901
4
Environment Protection and Biodiversity Conservation Act 1999
5
Excise Act 1901
5
Export Control Act 1982
5
Extradition Act 1988
6
Fair Work Act 2009
6
High Court of Australia Act 1979
7
Inspector-General of Intelligence and Security Act 1986
7
International War Crimes Tribunals Act 1995
7
Judicial Misbehaviour and Incapacity (Parliamentary Commissions)
Act 2012
7
Law Enforcement Integrity Commissioner Act 2006
8
Marriage Act 1961
8
Mutual Assistance in Criminal Matters Act 1987
8
Quarantine Act 1908
8
Royal Commissions Act 1902
8
Part 2--Other amendments
11
Extradition Act 1988
11
No. , 2016
Law and Justice Legislation Amendment (Northern Territory Local
Court) Bill 2016
1
A Bill for an Act to deal with consequential and
1
transitional matters arising from the enactment of
2
the Local Court Act 2015 of the Northern Territory,
3
and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Law and Justice Legislation
7
Amendment (Northern Territory Local Court) Act 2016.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Law and Justice Legislation Amendment (Northern Territory Local
Court) Bill 2016
No. , 2016
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Part 1
At the same time as section 4 of the Local
Court Act 2015 (NT) commences.
3. Schedule 1,
Part 2
Immediately after the commencement of
Part 1 of Schedule 2 to the Norfolk Island
Legislation Amendment Act 2015.
1 July 2016
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
(1) Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
(2) The amendment of any regulation under subsection (1) does not
15
prevent the regulation, as so amended, from being amended or
16
repealed by the Governor-General.
17
Amendments Schedule 1
Main amendments Part 1
No. , 2016
Law and Justice Legislation Amendment (Northern Territory Local
Court) Bill 2016
3
Schedule 1--Amendments
1
Part 1--Main amendments
2
A.C.T. Self-Government (Consequential Provisions)
3
Regulations
4
1 Schedule 1 (heading relating to the Extradition Act 1988)
5
Repeal the heading.
6
2 Schedule 1 (modifications relating to the Extradition Act
7
1988)
8
Repeal the modifications.
9
Acts Interpretation Act 1901
10
3 Section 2B
11
Insert:
12
judge has a meaning affected by section 16BA.
13
4 Section 2B (definition of Magistrate)
14
Omit "subsection 16C(2)", substitute "subsections 16C(2) and (3)".
15
5 Section 2B (definition of Stipendiary Magistrate)
16
Omit "subsection 16C(1)", substitute "subsections 16C(1) and (3)".
17
6 After section 16B
18
Insert:
19
16BA References to judge
20
In any Act, a reference (whether general or otherwise) to a judge
21
does not include a reference to a Judge, or an acting Judge, of the
22
Local Court of the Northern Territory.
23
Schedule 1 Amendments
Part 1 Main amendments
4
Law and Justice Legislation Amendment (Northern Territory Local
Court) Bill 2016
No. , 2016
7 At the end of section 16C
1
Add:
2
(3) In any Act, a reference to a Stipendiary Magistrate or Magistrate
3
includes a reference to a Judge, or an acting Judge, of the Local
4
Court of the Northern Territory.
5
Bankruptcy Act 1966
6
8 Subsection 5(1) (paragraph (b) of the definition of
7
magistrate)
8
Repeal the paragraph, substitute:
9
(b) a person who holds office as a Judge of the Local Court of
10
the Northern Territory, being a person in respect of whom an
11
arrangement under subsection 17B(2) applies; or
12
9 Subsection 5(1) (paragraph (c) of the definition of
13
magistrate)
14
Omit "(other than the Northern Territory)".
15
10 Section 17B (heading)
16
Repeal the heading, substitute:
17
17B Arrangements for services of State Magistrates and Northern
18
Territory Local Court Judges
19
11 Subsection 17B(2)
20
Omit "as Magistrates of the Territory", substitute "as Judges of the
21
Local Court of the Northern Territory".
22
Customs Act 1901
23
12 Subsection 4(1) (paragraph (c) of the definition of
24
Division 1B Magistrate)
25
Omit "Magistrate", substitute "Judge of the Local Court".
26
Amendments Schedule 1
Main amendments Part 1
No. , 2016
Law and Justice Legislation Amendment (Northern Territory Local
Court) Bill 2016
5
13 Paragraph 11(2)(b)
1
Omit "hold office as Magistrates in that Territory", substitute "hold
2
office as Judges of the Local Court of that Territory".
3
14 Subsection 183UA(1) (definition of magistrate)
4
Repeal the definition.
5
15 After subsection 219ZL(3)
6
Insert:
7
(3A) A Judge, or acting Judge, of the Local Court of the Northern
8
Territory performing a function of, or connected with, issuing a
9
warrant or giving an order under this Part has the same protection
10
and immunity as if he or she were performing that function as that
11
Local Court or as a Judge of that Local Court.
12
Environment Protection and Biodiversity Conservation Act
13
1999
14
16 Section 528 (at the end of the definition of magistrate)
15
Add ", and includes a Judge, or acting Judge, of the Local Court of the
16
Northern Territory".
17
Excise Act 1901
18
17 Section 107AA (at the end of the definition of magistrate)
19
Add ", and includes a Judge, or acting Judge, of the Local Court of the
20
Northern Territory".
21
Export Control Act 1982
22
18 Section 3 (at the end of the definition of magistrate)
23
Add ", and includes a Judge, or acting Judge, of the Local Court of the
24
Northern Territory".
25
Schedule 1 Amendments
Part 1 Main amendments
6
Law and Justice Legislation Amendment (Northern Territory Local
Court) Bill 2016
No. , 2016
Extradition Act 1988
1
19 Section 5 (definition of magistrate)
2
Repeal the definition, substitute:
3
magistrate means:
4
(a) a magistrate of a Territory other than the Australian Capital
5
Territory or Norfolk Island; or
6
(b) a magistrate of a State, the Australian Capital Territory or
7
Norfolk Island in relation to whom an arrangement is in force
8
under section 46; or
9
(c) a Judge, or an acting Judge, of the Local Court of the
10
Northern Territory in relation to whom an arrangement is in
11
force under section 46.
12
20 Paragraph 46(1)(b)
13
Repeal the paragraph, substitute:
14
(b) arrange with the Chief Minister of the Australian Capital
15
Territory or the Administrator of Norfolk Island for the
16
performance, by all or any of the persons who from time to
17
time hold office as magistrates of the Australian Capital
18
Territory or of Norfolk Island, as the case may be, of the
19
functions of a magistrate under this Act; or
20
(c) arrange with the Administrator of the Northern Territory for
21
the performance, by all or any of the persons who from time
22
to time hold office as Judges of the Local Court of the
23
Northern Territory, of the functions of a magistrate under this
24
Act.
25
Fair Work Act 2009
26
21 Section 12 (at the end of the definition of magistrates
27
court)
28
Add:
29
; or (c) the Local Court of the Northern Territory.
30
Amendments Schedule 1
Main amendments Part 1
No. , 2016
Law and Justice Legislation Amendment (Northern Territory Local
Court) Bill 2016
7
High Court of Australia Act 1979
1
22 At the end of paragraph 7(a)
2
Add "(other than a Judge or acting Judge of the Local Court of the
3
Northern Territory)".
4
Inspector-General of Intelligence and Security Act 1986
5
23 Subsection 3(1) (at the end of paragraph (a) of the
6
definition of Judge)
7
Add "(other than a Judge or acting Judge of the Local Court of the
8
Northern Territory)".
9
International War Crimes Tribunals Act 1995
10
24 Section 4 (paragraph (b) of the definition of magistrate)
11
After "a State", insert "(other than the Northern Territory)".
12
25 Section 4 (at the end of the definition of magistrate)
13
Add:
14
; or (c) a Judge, or an acting Judge, of the Local Court of the
15
Northern Territory in respect of whom an arrangement under
16
section 82 is in force.
17
26 At the end of subsection 82(5)
18
Add "and references to persons who hold office as magistrates of a
19
State are taken to be references to persons who hold office as Judges of
20
the Local Court of the Northern Territory".
21
Judicial Misbehaviour and Incapacity (Parliamentary
22
Commissions) Act 2012
23
27 Section 7 (at the end of paragraph (b) of the definition of
24
Commonwealth or State judicial officer)
25
Add "(other than a Judge or acting Judge of the Local Court of the
26
Northern Territory)".
27
Schedule 1 Amendments
Part 1 Main amendments
8
Law and Justice Legislation Amendment (Northern Territory Local
Court) Bill 2016
No. , 2016
Law Enforcement Integrity Commissioner Act 2006
1
28 Subsection 5(1) (at the end of the definition of magistrate)
2
Add ", and includes a Judge, or acting Judge, of the Local Court of the
3
Northern Territory".
4
Marriage Act 1961
5
29 Subsection 5(1) (paragraph (b) of the definition of
6
magistrate)
7
Omit "or Special Magistrate", substitute ", Special Magistrate or Judge,
8
or acting Judge, of a Local Court".
9
Mutual Assistance in Criminal Matters Act 1987
10
30 Subsection 3(1) (paragraph (a) of the definition of
11
Magistrate)
12
After "a State", insert "(other than the Northern Territory)".
13
31 Subsection 3(1) (after paragraph (a) of the definition of
14
Magistrate)
15
Insert:
16
(aa) a Judge, or an acting Judge, of the Local Court of the
17
Northern Territory in respect of whom an arrangement under
18
section 39 is in force; or
19
Quarantine Act 1908
20
32 Subsection 5(1) (at the end of the definition of magistrate)
21
Add ", and includes a Judge, or acting Judge, of the Local Court of the
22
Northern Territory".
23
Royal Commissions Act 1902
24
33 At the end of paragraph 4(6)(b)
25
Add "(other than a Judge, or an acting Judge, of the Local Court of the
26
Northern Territory)".
27
Amendments Schedule 1
Main amendments Part 1
No. , 2016
Law and Justice Legislation Amendment (Northern Territory Local
Court) Bill 2016
9
34 Application provisions
1
(1)
Section 16BA of the Acts Interpretation Act 1901, as inserted by item 6
2
of this Schedule, applies in relation to Acts enacted before, on or after
3
the commencement of this subitem.
4
(2)
Subsection 16C(3) of the Acts Interpretation Act 1901, as inserted by
5
item 7 of this Schedule, applies in relation to Acts enacted before, on or
6
after the commencement of this subitem.
7
35 Arrangements
--transitional provisions
8
Arrangements under the Customs Act
9
(1)
If an arrangement in relation to persons who hold office as Magistrates
10
of the Northern Territory for the purposes of paragraph 11(2)(b) of the
11
Customs Act 1901 was in force immediately before the commencement
12
of this subitem, the arrangement has effect, after that commencement,
13
as if it had been made in relation to persons who hold office as Judges
14
of the Local Court of the Northern Territory.
15
Arrangements under the Extradition Act
16
(2)
If an arrangement between the Governor-General and the Chief
17
Minister of the Australian Capital Territory:
18
(a) was made under subsection 46(1) of the Extradition Act
19
1988 (as modified by the A.C.T. Self-Government
20
(Consequential Provisions) Regulations); and
21
(b) was in force immediately before the commencement of this
22
item;
23
the arrangement has effect, after the commencement of this item, as if it
24
had been made under subsection 46(1) of the Extradition Act 1988 as
25
amended by this Act.
26
(3)
For the purposes of subsection 46(1) of the Extradition Act 1988 as
27
amended by item 20 of this Schedule, an arrangement made under that
28
subsection between the Governor-General and the Administrator of
29
Norfolk Island that was in force immediately before the commencement
30
of this item is not affected by the amendments of that Act made by this
31
Schedule.
32
Schedule 1 Amendments
Part 1 Main amendments
10
Law and Justice Legislation Amendment (Northern Territory Local
Court) Bill 2016
No. , 2016
(4)
If an arrangement in relation to persons who hold office as magistrates
1
of the Northern Territory for the purposes of subsection 46(1) of the
2
Extradition Act 1988 was in force immediately before the
3
commencement of this subitem, the arrangement has effect, after that
4
commencement, as if it had been made in relation to persons who hold
5
office as Judges of the Local Court of the Northern Territory.
6
Arrangements under the International War Crimes Tribunals Act
7
(5)
If an arrangement in relation to persons who hold office as magistrates
8
of the Northern Territory for the purposes of section 82 of the
9
International War Crimes Tribunals Act 1995 was in force immediately
10
before the commencement of this subitem, the arrangement has effect,
11
after that commencement, as if it had been made in relation to persons
12
who hold office as Judges of the Local Court of the Northern Territory.
13
Arrangements under the Mutual Assistance in Criminal Matters
14
Act
15
(6)
If an arrangement in relation to persons who hold office as Magistrates
16
of the Northern Territory for the purposes of subsection 39(1) of the
17
Mutual Assistance in Criminal Matters Act 1987 was in force
18
immediately before the commencement of this subitem, the
19
arrangement has effect, after that commencement, as if it had been
20
made in relation to persons who hold office as Judges of the Local
21
Court of the Northern Territory.
22
Other arrangements in which the Commonwealth is a party
23
(7)
If:
24
(a) any other arrangement was in force immediately before the
25
commencement of this subitem; and
26
(b) the arrangement was made in relation to persons who held
27
office as magistrates of the Northern Territory; and
28
(c) the Commonwealth is a party to the arrangement;
29
the arrangement has effect after that commencement as if had been
30
made in relation to persons who hold office as Judges of the Local
31
Court of the Northern Territory.
32
Amendments Schedule 1
Other amendments Part 2
No. , 2016
Law and Justice Legislation Amendment (Northern Territory Local
Court) Bill 2016
11
Part 2--Other amendments
1
Extradition Act 1988
2
36 Section 5 (definition of magistrate)
3
Repeal the definition, substitute:
4
magistrate means:
5
(a) a magistrate of a Territory other than the Australian Capital
6
Territory; or
7
(b) a magistrate of a State or the Australian Capital Territory in
8
relation to whom an arrangement is in force under section 46;
9
or
10
(c) a Judge, or an acting Judge, of the Local Court of the
11
Northern Territory in relation to whom an arrangement is in
12
force under section 46.
13
37 Paragraph 46(1)(b)
14
Repeal the paragraph, substitute:
15
(b) arrange with the Chief Minister of the Australian Capital
16
Territory for the performance, by all or any of the persons
17
who from time to time hold office as magistrates of the
18
Australian Capital Territory, of the functions of a magistrate
19
under this Act; or
20
38 Transitional provision
21
For the purposes of subsection 46(1) of the Extradition Act 1988 as
22
amended by item 37 of this Schedule, an arrangement entered into
23
under that section that was in force immediately before the
24
commencement of this item is not affected by the amendments of that
25
Act made by that item.
26