New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Courts and Crimes Legislation
Amendment Bill 2008
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
The following Bills are cognate with this Bill:
· Children (Criminal Proceedings) Amendment Bill 2008
· Children (Detention Centres) Amendment Bill 2008
Overview of Bill
The objects of this Bill are as follows:
(a) to amend the Births, Deaths and Marriages Registration Act 1995:
(i) to provide for the legal recognition of persons who have undergone sex
affirmation procedures and whose birth is not registered in New South
Wales, and
(ii) to remove redundant offences concerning the use of birth certificates by
persons who have undergone sex affirmation procedures, and
(iii) to amend terminology in the Act,
(b) to amend the Children and Young Persons (Care and Protection) Act 1998 to
allow the removal of a child or young person under the Act, the execution of
a search warrant or an authorised entry to, and inspection of, premises to be
b2008-032-32.d22
Courts and Crimes Legislation Amendment Bill 2008
Explanatory note
filmed (section 8 of the Surveillance Devices Act 2007 would otherwise
prohibit the installation, use and maintenance of such an optical surveillance
device in these circumstances),
(c) to amend the Civil Procedure Act 2005 to provide for the appointment of
deputies for ex-officio members of the Uniform Rules Committee,
(d) to amend the Community Land Management Act 1989, the Consumer, Trader
and Tenancy Tribunal Act 2001, the Legal Profession Act 2004, the Local
Courts Act 1982, the Local Court Act 2007 and the Strata Schemes
Management Act 1996 to provide that certain appeals are to be made to the
District Court rather than the Supreme Court,
(e) to amend the Crimes Act 1900 and the Terrorism (Police Powers) Act 2002 to
provide that membership of a terrorist organisation is to remain an offence
until 13 September 2010,
(f) to amend the Crimes (Administration of Sentences) Act 1999:
(i) to update provisions regarding the conveyance and detention of
offenders received from the Australian Capital Territory as a
consequence of the replacement of the Removal of Prisoners Act 1968
of the Australian Capital Territory by the Crimes (Sentence
Administration) Act 2005, and
(ii) to enable disclosure of information in connection with the
administration or execution of interstate laws in their application to
inmates who have been transferred interstate,
(g) to amend the Crimes (Domestic and Personal Violence) Act 2007 to provide
for a right of appeal against the dismissal of an application for an apprehended
violence order by the Local Court or Children's Court,
(h) to amend the Crimes (Serious Sex Offenders) Act 2006:
(i) to extend the definition of serious sex offence to include offences under
section 61K (Assault with intent to have sexual intercourse) or 66EA
(Persistent sexual abuse of a child) of the Crimes Act 1900, and
(ii) to enable the Supreme Court to appoint registered psychologists to
conduct examinations of offenders during pre-trial procedures,
(i) to amend the Criminal Appeal Act 1912 to enable the Chief Judge of the Land
and Environment Court and the Chief Judge of the District Court to act as
Judges of the Court of Criminal Appeal in proceedings of that Court,
(j) to amend the Director of Public Prosecutions Act 1986 to enable matters taken
over by the Office of the Director of Public Prosecutions and subsequently
remitted to the Local Court to be handed back to the original prosecutor,
(k) to amend the District Court Act 1973 to provide that an appeal from a jury trial
in the District Court lies as of right to the Supreme Court,
Explanatory note page 2
Courts and Crimes Legislation Amendment Bill 2008
Explanatory note
(l) to amend the Land and Environment Court Act 1979:
(i) to provide that parties must participate, in good faith, in conciliation
conferences, and
(ii) to make further provision with respect to on-site hearing matters, and
(iii) to enable the Land and Environment Court to, in certain circumstances,
exercise the jurisdiction of the Supreme Court to grant easements over
land,
(m) to amend the Medical Practice Act 1992 to enable the Governor to appoint a
Judge of the Supreme Court, or a Judge having the same status as a Judge of
the Supreme Court, as Chairperson or a Deputy Chairperson of the Medical
Tribunal,
(n) to amend the Supreme Court Act 1970 to enable the Chief Judge of the Land
and Environment Court and the Chief Judge of the District Court to sit as
additional Judges of Appeal,
(o) to amend the Surveillance Devices Act 2007 to allow a law enforcement
officer to film the execution of search warrants and crime scene warrants
(section 8 would otherwise prohibit the installation, use and maintenance of
such an optical surveillance device in these circumstances),
(p) to make consequential amendments to other Acts and instruments and
amendments of a savings or transitional nature.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent,
subject to specified exceptions.
Clause 3 is a formal provision that gives effect to the amendments to the Acts set out
in Schedules 1-21.
Clause 4 is a formal provision that gives effect to the amendments to the Regulation
set out in Schedule 22.
Clause 5 repeals the Terrorism Legislation Amendment (Warrants) Act 2005.
Clause 6 provides for the repeal of the proposed Act on the day following the day on
which all of the provisions of the proposed Act have commenced. Once the
amendments have commenced the proposed Act will be spent and section 30 of the
Interpretation Act 1987 provides that the repeal of an amending Act does not affect
the amendments made by that Act.
Explanatory note page 3
Courts and Crimes Legislation Amendment Bill 2008
Explanatory note
Schedule 1 Amendment of Births, Deaths and
Marriages Registration Act 1995 No 62
Schedule 1 [1] amends the definition of registrable event in section 4 of the Births,
Deaths and Marriages Registration Act 1995 so as to enable a change of sex to be
recorded in the Register for a person whose birth is not registered in New South
Wales.
Schedule 1 [2] inserts the definition of recognised details certificate into
section 32A. Schedule 1 [3] replaces the definition of sexual reassignment surgery
with sex affirmation procedure and Schedule 1 [4] makes consequential
amendments as a result of the amendment in Schedule 1 [3].
Schedule 1 [5] inserts proposed sections 32DA-32DD. Proposed section 32DA
provides that certain persons (or parents or guardians of certain children) whose birth
is not registered in New South Wales may apply to have their change of sex
registered. Proposed section 32DB prescribes the documents that must accompany
an application to register a change of sex. Proposed section 32DC outlines how the
Registrar is to determine an application to register change of sex and proposed
section 32DD provides that where the Registrar registers a person's change of sex,
the Registrar must, on application, issue a recognised details certificate certifying the
details contained in the Register.
Schedule 1 [8] inserts proposed section 32J to provide that the legal effect of
registering a person's change of sex (whether in New South Wales or interstate) is
that the person is a person of the sex as so registered.
Schedule 1 [6] and [7] remove redundant offences from the Births, Deaths and
Marriages Registration Act 1995.
Schedule 2 Amendment of Children and Young
Persons (Care and Protection) Act 1998
No 157
Section 8 of the Surveillance Devices Act 2007 makes it an offence for a person to
knowingly install, use or maintain an optical surveillance device if it involves entry
to premises or a vehicle without the consent of the owner or occupier of the premises
or vehicle. Schedule 2 amends the Children and Young Persons (Care and
Protection) Act 1998 to provide an exemption from section 8 of the Surveillance
Devices Act 2007 so that the following may be filmed:
(a) the removal of a child or young person from a place or premises under the
Children and Young Persons (Care and Protection) Act 1998,
(b) the execution of a search warrant (including any activity in connection with
the execution of the warrant),
(c) the entry into, and inspection of, premises authorised under the Children and
Young Persons (Care and Protection) Act 1998 or the regulations.
Explanatory note page 4
Courts and Crimes Legislation Amendment Bill 2008
Explanatory note
Schedule 3 Amendment of Civil Procedure Act 2005
No 28
Schedule 3 [1]-[3] amend Schedule 2 to the Civil Procedure Act 2005 to provide that
certain members of the Uniform Rules Committee may nominate a deputy to attend
meetings on their behalf. Schedule 3 [4] makes it clear that a deputy is not entitled
to exercise any of the functions of a presiding member of the Uniform Rules
Committee.
Schedule 4 Amendment of Community Land
Management Act 1989 No 202
Schedule 4 [1] makes various amendments to the Community Land Management Act
1989 to provide that appeals arising from decisions of the Consumer, Trader and
Tenancy Tribunal in relation to certain matters are to be heard in the District Court
instead of the Supreme Court. Schedule 4 [3] provides that only those pending
appeals that have been allocated a hearing date by the Supreme Court are to continue
to be heard in that court. Schedule 4 [2] enables regulations to be made of a savings
and transitional nature.
Schedule 5 Amendment of Consumer, Trader and
Tenancy Tribunal Act 2001 No 82
Schedule 5 [1] makes various amendments to the Consumer, Trader and Tenancy
Tribunal Act 2001 to provide that appeals on questions of law arising from decisions
of the Consumer, Trader and Tenancy Tribunal are to be heard in the District Court
instead of the Supreme Court. Schedule 5 [4] provides that only those pending
appeals that have been allocated a hearing date by the Supreme Court are to continue
to be heard in that court. Schedule 5 [3] enables regulations to be made of a savings
and transitional nature. Schedule 5 [2] makes a consequential amendment.
Schedule 6 Amendment of Crimes Act 1900 No 40
Schedule 6 [2] provides for the repeal of Part 6B of the Crimes Act 1900. The effect
of this amendment is to extend the sunset clause for the offence of being a member
of a terrorist organisation. This offence was inserted into the Crimes Act 1900 by
Schedule 4 to the Terrorism Legislation Amendment (Warrants) Act 2005 for the
purpose of enabling legislation providing for the issue of covert search warrants. The
offence was to be repealed on 13 September 2008 by which time it was anticipated
that the Commonwealth Parliament would have enacted a national covert search
warrant scheme. The additional 2 years before the repeal of the offence is to ensure
that covert search warrants can continue to be granted until a national scheme is
adopted. Schedule 6 [1] omits the introductory note to Part 6B of the Crimes Act
1900.
Explanatory note page 5
Courts and Crimes Legislation Amendment Bill 2008
Explanatory note
Schedule 7 Amendment of Crimes (Administration
of Sentences) Act 1999 No 93
Schedule 7 [1] substitutes Division 4 of Part 2 of the Crimes (Administration of
Sentences) Act 1999. The proposed Division merely replicates the existing Division
with such changes as are necessary as a consequence of the replacement of the
Removal of Prisoners Act 1968 of the Australian Capital Territory by the Crimes
(Sentence Administration) Act 2005.
Schedule 7 [2] and [3] amend section 257 of that Act so as to enable information to
be disclosed in connection with the administration or execution of interstate laws in
their application to inmates who have been transferred interstate, and so as to provide
that information may be disclosed despite anything to the contrary in the Privacy and
Personal Information Protection Act 1998 or the Health Records and Information
Privacy Act 2002.
Schedule 8 Amendment of Crimes (Domestic and
Personal Violence) Act 2007 No 80
Schedule 8 [3] amends section 84 of the Crimes (Domestic and Personal Violence)
Act 2007 to provide that an applicant whose application for an apprehended violence
order has been dismissed by the Local Court or Children's Court may appeal that
decision in the District Court. Schedule 8 [1], [2] and [4]-[6] make consequential
amendments.
Schedule 9 Amendment of Crimes (Serious Sex
Offenders) Act 2006 No 7
Schedule 9 [1] amends the definition of serious sex offence to enable the extended
supervision and continuing detention, under the Crimes (Serious Sex Offenders) Act
2006, of a person who is convicted of an offence under section 61K (Assault with
intent to have sexual intercourse) or 66EA (Persistent sexual abuse of a child) of the
Crimes Act 1900. Schedule 9 [6] provides that this amendment extends to offences
committed before the commencement of the amendment.
Schedule 9 [2] and [4] enable the Supreme Court to appoint the following to conduct
examinations of offenders during pre-trial procedures (as an alternative to 2 qualified
psychiatrists only):
(a) 2 registered psychologists, or
(b) 1 registered psychologist and 1 qualified psychiatrist, or
(c) 2 registered psychologists and 2 qualified psychiatrists.
Schedule 9 [3] and [5] make consequential amendments.
Explanatory note page 6
Courts and Crimes Legislation Amendment Bill 2008
Explanatory note
Schedule 10 Amendment of Criminal Appeal Act 1912
No 16
Schedule 10 enables the Chief Judge of the Land and Environment Court and the
Chief Judge of the District Court to act as Judges of the Court of Criminal Appeal in
proceedings of that Court if the Chief Justice of the Supreme Court so directs.
Schedule 11 Amendment of Director of Public
Prosecutions Act 1986 No 207
Schedule 11 [1] inserts proposed section 9A into the Director of Public Prosecutions
Act 1986 to provide that when certain proceedings are remitted to a Local Court the
Director of Public Prosecutions may hand the matter back to the original prosecutor.
Schedule 11 [2] inserts proposed section 10 (1A) to provide that the Director of
Public Prosecutions must inform the original prosecutor (or the original prosecutor's
successor) and the relevant Local Court that the proceedings have been handed back
to the original prosecutor (or the original prosecutor's successor).
Schedule 12 Amendment of District Court Act 1973
No 9
Schedule 12 [2] inserts proposed section 127A into the District Court Act 1973 to
provide that an appeal lies as of right to the Supreme Court from a jury decision in
the District Court. Schedule 12 [1] makes a consequential amendment.
Schedule 13 Amendment of Land and Environment
Court Act 1979 No 204
Schedule 13 [1] provides for the senior Judge of the Land and Environment Court to
be Acting Chief Judge if the Chief Judge is absent from Australia and an Acting
Chief Judge has not been appointed by the Governor, by commission under the
public seal, under section 10 (1) of the Land and Environment Court Act 1979.
Schedule 13 [3] amends the Land and Environment Court Act 1979 to provide that
parties to proceedings must participate in good faith in conciliation conferences.
Section 34B of the Land and Environment Court Act 1979 provides that on-site
hearing matters must be dealt with by a single Commissioner. Schedule 13 [4]-[6]
amend section 34B to provide that more than one Commissioner may hear and
determine on-site hearing matters.
Schedule 13 [7] substitutes section 34D of the Land and Environment Court Act
1979 to enable the Court to dispense with an inspection of the site of a proposed
development if a matter can be properly determined without the need for an
inspection (in addition to an agreement between the parties to dispense with an
inspection).
Explanatory note page 7
Courts and Crimes Legislation Amendment Bill 2008
Explanatory note
Schedule 13 [9] substitutes section 40 to enable the Land and Environment Court to,
in certain circumstances, exercise the jurisdiction of the Supreme Court under
section 88K of the Conveyancing Act 1919 to impose an easement over land.
Schedule 13 [2] and [8] make consequential amendments.
Schedule 14 Amendment of Legal Profession Act
2004 No 112
Schedule 14 [1]-[3] amend the Legal Profession Act 2004 to provide that appeals
arising from the decisions of costs assessors are to be heard in the District Court
instead of the Supreme Court. Schedule 14 [5] provides that only those pending
appeals that have been allocated a hearing date by the Supreme Court are to continue
to be heard in that court. Schedule 14 [4] enables regulations to be made of a savings
and transitional nature.
Schedule 15 Amendment of Local Court Act 2007
No 93
Schedule 15 [1] amends the Local Court Act 2007 to provide that a deputy registrar
may exercise the functions of a registrar.
Schedule 15 [2] provides that certain appeals arising from the decisions of the Local
Court are to be heard in the District Court instead of the Supreme Court. Schedule
15 [6] provides that only those pending appeals that have been allocated a hearing
date by the Supreme Court are to continue to be heard in that court. Schedule 15 [5]
enables regulations to be made of a savings and transitional nature and Schedule
15 [3] and [4] make consequential amendments.
Schedule 16 Amendment of Local Courts Act 1982
No 164
Schedule 16 [1] amends the Local Courts Act 1982 to provide that certain appeals
arising from the decisions of the Local Court are to be heard in the District Court
instead of the Supreme Court. Schedule 16 [5] provides that only those pending
appeals that have been allocated a hearing date by the Supreme Court are to continue
to be heard in that court. Schedule 16 [4] enables regulations to be made of a savings
and transitional nature and Schedule 16 [2] and [3] make consequential
amendments.
Schedule 17 Amendment of Medical Practice Act 1992
No 94
Schedule 17 [1] and [3] amend section 148 of the Medical Practice Act 1992 to
enable the Governor to appoint a Judge of the Supreme Court, or a Judge having the
same status as a Judge of the Supreme Court, as Chairperson or a Deputy Chairperson
Explanatory note page 8
Courts and Crimes Legislation Amendment Bill 2008
Explanatory note
of the Medical Tribunal. At present, only a Judge of the District Court may be
appointed as Chairperson or a Deputy Chairperson. Schedule 17 [3] also makes it
clear that this amendment does not affect the validity of any existing appointments.
Schedule 17 [2] makes a consequential amendment.
Schedule 18 Amendment of Strata Schemes
Management Act 1996 No 138
Schedule 18 [2] makes various amendments to the Strata Schemes Management Act
1996 to provide that appeals arising from decisions of the Consumer, Trader and
Tenancy Tribunal in relation to certain matters are to be heard in the District Court
instead of the Supreme Court. Schedule 18 [4] provides that only those pending
appeals that have been allocated a hearing date by the Supreme Court are to continue
to be heard in that court. Schedule 18 [3] enables regulations to be made of a savings
and transitional nature and Schedule 18 [1] and [5] make consequential
amendments.
Schedule 19 Amendment of Supreme Court Act 1970
No 52
Schedule 19 enables the Chief Judge of the Land and Environment Court and the
Chief Judge of the District Court to act as additional Judges of Appeal in proceedings
on the Court of Appeal if the Chief Justice of the Supreme Court certifies that it is
expedient for them to do so.
Schedule 20 Amendment of Surveillance Devices Act
2007 No 64
Section 8 of the Surveillance Devices Act 2007 makes it an offence for a person to
knowingly install, use or maintain an optical surveillance device if it involves entry
to premises or a vehicle without the consent of the owner or occupier of the premises
or vehicle. Schedule 20 amends the Surveillance Devices Act 2007 to provide an
exemption from section 8 so that a law enforcement officer may film the execution
of a search warrant or crime scene warrant (including any activity in connection with
the execution of the warrant).
Schedule 21 Amendment of Terrorism (Police
Powers) Act 2002 No 115
Schedule 21 amends the Terrorism (Police Powers) Act 2002 to remove a redundant
provision as a consequence of the amendments proposed by Schedule 6.
Explanatory note page 9
Courts and Crimes Legislation Amendment Bill 2008
Explanatory note
Schedule 22 Amendment of Births, Deaths and
Marriages Registration Regulation 2006
Schedule 22 [1] amends the Births, Deaths and Marriages Registration Regulation
2006 by inserting proposed clause 9A. Proposed clause 9A prescribes various
documents that must accompany an application to register a change of sex.
Schedule 22 [3] amends clause 11 by prescribing, for the purposes of proposed
section 32J of the Births, Deaths and Marriages Registration Act 1995, the Gender
Reassignment Act 2000 of Western Australia.
Schedule 22 [2] makes a consequential amendment as a result of the amendment
proposed by Schedule 1 [3].
Explanatory note page 10
First print
New South Wales
Courts and Crimes Legislation
Amendment Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Principal amendments 2
4 Consequential amendments 2
5 Repeal of Terrorism Legislation Amendment (Warrants)
Act 2005 No 54 2
6 Repeal of Act 2
Schedule 1 Amendment of Births, Deaths and Marriages Registration
Act 1995 No 62 3
Schedule 2 Amendment of Children and Young Persons (Care and
Protection) Act 1998 No 157 6
Schedule 3 Amendment of Civil Procedure Act 2005 No 28 7
Schedule 4 Amendment of Community Land Management Act 1989
No 202 8
Schedule 5 Amendment of Consumer, Trader and Tenancy Tribunal
Act 2001 No 82 9
b2008-032-32.d22
Courts and Crimes Legislation Amendment Bill 2008
Contents
Page
Schedule 6 Amendment of Crimes Act 1900 No 40 10
Schedule 7 Amendment of Crimes (Administration of Sentences)
Act 1999 No 93 11
Schedule 8 Amendment of Crimes (Domestic and Personal Violence)
Act 2007 No 80 14
Schedule 9 Amendment of Crimes (Serious Sex Offenders) Act 2006
No 7 15
Schedule 10 Amendment of Criminal Appeal Act 1912 No 16 17
Schedule 11 Amendment of Director of Public Prosecutions Act 1986
No 207 18
Schedule 12 Amendment of District Court Act 1973 No 9 19
Schedule 13 Amendment of Land and Environment Court Act 1979
No 204 20
Schedule 14 Amendment of Legal Profession Act 2004 No 112 23
Schedule 15 Amendment of Local Court Act 2007 No 93 24
Schedule 16 Amendment of Local Courts Act 1982 No 164 26
Schedule 17 Amendment of Medical Practice Act 1992 No 94 27
Schedule 18 Amendment of Strata Schemes Management Act 1996
No 138 28
Schedule 19 Amendment of Supreme Court Act 1970 No 52 29
Schedule 20 Amendment of Surveillance Devices Act 2007 No 64 31
Schedule 21 Amendment of Terrorism (Police Powers) Act 2002
No 115 32
Schedule 22 Amendment of Births, Deaths and Marriages Registration
Regulation 2006 33
Contents page 2
New South Wales
Courts and Crimes Legislation
Amendment Bill 2008
No , 2008
A Bill for
An Act to amend certain Acts with respect to courts, court procedure, jurisdiction,
rights and avenues of appeal and various criminal offences; and for other purposes.
See also the Children (Criminal Proceedings) Amendment Bill 2008 and the Children
(Detention Centres) Amendment Bill 2008.
Clause 1 Courts and Crimes Legislation Amendment Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Courts and Crimes Legislation Amendment Act 2008. 3
2 Commencement 4
(1) This Act commences on the date of assent to this Act, except as 5
provided by subsections (2)-(6). 6
(2) Schedules 1 and 22 commence on a day or days to be appointed by 7
proclamation. 8
(3) Schedules 2 and 20 commence on the date of commencement of 9
section 8 of the Surveillance Devices Act 2007. 10
(4) Schedules 4, 5, 14, 15 [2]-[6], 16 and 18 commence on 1 September 11
2008. 12
(5) Schedule 8 commences on 1 July 2008. 13
(6) Schedule 21 commences on 13 September 2010. 14
3 Principal amendments 15
The Acts specified in Schedules 1-21 are amended as set out in those 16
Schedules. 17
4 Consequential amendments 18
The Births, Deaths and Marriages Registration Regulation 2006 is 19
amended as set out in Schedule 22. 20
5 Repeal of Terrorism Legislation Amendment (Warrants) Act 2005 No 54 21
The Terrorism Legislation Amendment (Warrants) Act 2005 is 22
repealed. 23
6 Repeal of Act 24
(1) This Act is repealed on the day following the day on which all of the 25
provisions of this Act have commenced. 26
(2) The repeal of this Act does not, because of the operation of section 30 27
of the Interpretation Act 1987, affect any amendment made by this Act. 28
Page 2
Courts and Crimes Legislation Amendment Bill 2008
Amendment of Births, Deaths and Marriages Registration Act 1995 No 62 Schedule 1
Schedule 1 Amendment of Births, Deaths and 1
Marriages Registration Act 1995 No 62 2
(Section 3) 3
[1] Section 4 Definitions 4
Insert ", change of sex" after "change of name" in the definition of registrable 5
event in section 4 (1). 6
[2] Section 32A Definitions 7
Insert in appropriate order: 8
recognised details certificate means a certificate issued under 9
section 32DD certifying the sex of a person who has undergone a 10
sex affirmation procedure. 11
[3] Section 32A 12
Omit the definition of sexual reassignment surgery. Insert instead: 13
sex affirmation procedure means a surgical procedure involving 14
the alteration of a person's reproductive organs carried out: 15
(a) for the purpose of assisting a person to be considered to be 16
a member of the opposite sex, or 17
(b) to correct or eliminate ambiguities relating to the sex of the 18
person. 19
[4] Sections 32B (1) and (2) and 32C 20
Omit "sexual reassignment surgery" wherever occurring. 21
Insert instead "a sex affirmation procedure". 22
[5] Sections 32DA-32DD 23
Insert after section 32D: 24
32DA Application to register change of sex 25
(1) A person who is 18 or above: 26
(a) who is an Australian citizen or permanent resident of 27
Australia, and 28
(b) who lives, and has lived for at least one year, in New South 29
Wales, and 30
(c) who has undergone a sex affirmation procedure, and 31
(d) who is not married, and 32
Page 3
Courts and Crimes Legislation Amendment Bill 2008
Schedule 1 Amendment of Births, Deaths and Marriages Registration Act 1995 No 62
(e) whose birth is not registered under this Act or a 1
corresponding law, 2
may apply to the Registrar, in a form approved by the Registrar, 3
for the registration of the person's sex in the Register. 4
(2) The parents of a child (or a parent if the applicant is the sole 5
parent), or the guardian of a child: 6
(a) who is an Australian citizen or permanent resident of 7
Australia, and 8
(b) who lives, and has lived for at least one year, in New South 9
Wales, and 10
(c) who has undergone a sex affirmation procedure, and 11
(d) who is not married, and 12
(e) whose birth is not registered under this Act or a 13
corresponding law, 14
may apply to the Registrar, in a form approved by the Registrar, 15
for the registration of the child's sex in the Register. 16
32DB Documents to accompany application to register change of sex 17
An application under section 32DA must be accompanied by: 18
(a) statutory declarations by 2 doctors, or by 2 medical 19
practitioners registered under the law of another State, 20
verifying that the person the subject of the application has 21
undergone a sex affirmation procedure, and 22
(b) such other documents and information as may be 23
prescribed by the regulations. 24
32DC Decision to register change of sex 25
(1) The Registrar is to determine an application under section 32DA 26
by registering the person's change of sex or refusing to register 27
the person's change of sex. 28
(2) Before registering a person's change of sex, the Registrar may 29
require the applicant to provide such particulars relating to the 30
change of sex as may be prescribed by the regulations. 31
(3) A registration of a person's change of sex must not be made if the 32
person is married. 33
32DD Issue of recognised details certificate 34
(1) This section applies if the Registrar registers a person's change of 35
sex under section 32DC. 36
Page 4
Courts and Crimes Legislation Amendment Bill 2008
Amendment of Births, Deaths and Marriages Registration Act 1995 No 62 Schedule 1
(2) The Registrar must, on application by or on behalf of the person, 1
issue a certificate certifying the particulars contained in the entry 2
in the Register. 3
[6] Section 32G Use of new birth certificate 4
Omit the section. 5
[7] Section 32H Use of old birth certificate 6
Omit the section. 7
[8] Section 32J 8
Insert after section 32I: 9
32J Effect of registration of change of sex and interstate recognised 10
details certificates 11
(1) A person the record of whose sex is registered under this Part is, 12
for the purposes of, but subject to, any law of New South Wales, 13
a person of the sex so registered. 14
(2) A person to whom an interstate recognised details certificate 15
relates is, for the purposes of, but subject to, any law of New 16
South Wales, a person of the sex stated in the certificate. 17
(3) An interstate recognised details certificate is a certificate issued 18
under the law of another State that is prescribed by the 19
regulations for the purposes of this section. 20
Page 5
Courts and Crimes Legislation Amendment Bill 2008
Schedule 2 Amendment of Children and Young Persons (Care and Protection) Act 1998
No 157
Schedule 2 Amendment of Children and Young 1
Persons (Care and Protection) Act 1998 2
No 157 3
(Section 3) 4
Section 255 5
Insert after section 254: 6
255 Use of optical surveillance devices 7
Section 8 (1) of the Surveillance Devices Act 2007 does not apply 8
to the installation, use or maintenance of an optical surveillance 9
device: 10
(a) in connection with the removal of a child or young person 11
from a place or premises under section 43 or 48, or 12
(b) in the execution of a search warrant issued under section 13
233 (including the use of an optical surveillance device to 14
record any activity in connection with the execution of the 15
warrant), or 16
(c) in exercising a function under section 241 (1) (d). 17
Page 6
Courts and Crimes Legislation Amendment Bill 2008
Amendment of Civil Procedure Act 2005 No 28 Schedule 3
Schedule 3 Amendment of Civil Procedure Act 2005 1
No 28 2
(Section 3) 3
[1] Schedule 2 Constitution and procedure of Uniform Rules Committee 4
Omit clause 3A (1). Insert instead: 5
(1) An ex-officio member of the Uniform Rules Committee may 6
nominate his or her own deputy. 7
(1A) Each person referred to in section 8 (1) who is authorised to 8
nominate or appoint some other person as a member of the 9
Uniform Rules Committee may nominate or appoint a deputy for 10
that member. 11
[2] Schedule 2, clause 3A (2) 12
Insert "an ex-officio member or" after "In the absence of". 13
[3] Schedule 2, clause 3A (3) 14
Insert after clause 3A (2): 15
(3) In this clause, ex-officio member means the Chief Justice of the 16
Supreme Court, the President of the Court of Appeal, the Chief 17
Judge of the Land and Environment Court, the Chief Judge of the 18
District Court or the Chief Magistrate, but does not include any 19
of their nominees under section 8 (1). 20
[4] Schedule 2, clause 6 (6) 21
Omit "for the member of the Uniform Rules Committee referred to in section 22
8 (1) (a)". 23
Page 7
Courts and Crimes Legislation Amendment Bill 2008
Schedule 4 Amendment of Community Land Management Act 1989 No 202
Schedule 4 Amendment of Community Land 1
Management Act 1989 No 202 2
(Section 3) 3
[1] Sections 87 (6), 100 (5), 105 (4) and 108 (1) 4
Omit "Supreme Court" wherever occurring. Insert instead "District Court". 5
[2] Schedule 7 Savings, transitional and other provisions 6
Insert at the end of clause 1 (1): 7
Courts and Crimes Legislation Amendment Act 2008 8
[3] Schedule 7, clause 6 9
Insert after clause 5: 10
6 Pending appeals 11
An appeal to the Supreme Court for which a hearing date had 12
been allocated before the commencement of Schedule 4 to the 13
Courts and Crimes Legislation Amendment Act 2008 is to be 14
determined as if that Act had not been enacted. 15
Page 8
Courts and Crimes Legislation Amendment Bill 2008
Amendment of Consumer, Trader and Tenancy Tribunal Act 2001 No 82 Schedule 5
Schedule 5 Amendment of Consumer, Trader and 1
Tenancy Tribunal Act 2001 No 82 2
(Section 3) 3
[1] Section 67 (1)-(6) 4
Omit "Supreme Court" wherever occurring. Insert instead "District Court". 5
[2] Section 69 Original decision to operate unless otherwise ordered 6
Omit "Supreme Court" from section 69 (2) (a). Insert instead "District Court". 7
[3] Schedule 6 Savings, transitional and other provisions 8
Insert after clause 1 (1): 9
(1A) The regulations may also contain provisions of a savings or 10
transitional nature consequent on the enactment of the Courts and 11
Crimes Legislation Amendment Act 2008. 12
[4] Schedule 6 13
Insert at the end of the Schedule with appropriate Part and clause numbering: 14
Part Provision consequent on enactment of 15
Courts and Crimes Legislation 16
Amendment Act 2008 17
Pending appeals 18
An appeal to the Supreme Court for which a hearing date had 19
been allocated before the commencement of Schedule 5 to the 20
Courts and Crimes Legislation Amendment Act 2008 is to be 21
determined as if that Act had not been enacted. 22
Page 9
Courts and Crimes Legislation Amendment Bill 2008
Schedule 6 Amendment of Crimes Act 1900 No 40
Schedule 6 Amendment of Crimes Act 1900 No 40 1
(Section 3) 2
[1] Part 6B Terrorism 3
Omit the introductory note to the Part. 4
[2] Section 310L 5
Insert after section 310K: 6
310L Repeal of Part 7
This Part is repealed on 13 September 2010. 8
Page 10
Courts and Crimes Legislation Amendment Bill 2008
Amendment of Crimes (Administration of Sentences) Act 1999 No 93 Schedule 7
Schedule 7 Amendment of Crimes (Administration 1
of Sentences) Act 1999 No 93 2
(Section 3) 3
[1] Part 2, Division 4 4
Omit the Division. Insert instead: 5
Division 4 Full-time detainees received from Australian 6
Capital Territory 7
42 Definitions 8
In this Division: 9
Australian Capital Territory Act means the Crimes (Sentence 10
Administration) Act 2005 of the Australian Capital Territory. 11
Australian Capital Territory direction means a direction issued 12
under section 26 of the Australian Capital Territory Act. 13
chief executive, escort officer and full-time detainee have the 14
same meanings as they have in the Australian Capital Territory 15
Act. 16
43 Application of Division 17
This Division does not apply to a full-time detainee who is in 18
custody in a correctional centre in New South Wales pursuant to 19
a transfer effected under the Prisoners (Interstate Transfer) Act 20
1982. 21
44 Conveyance and detention of full-time detainees from ACT 22
(1) If an escort officer has a full-time detainee in custody in 23
accordance with the terms of an Australian Capital Territory 24
direction, it is lawful for the escort officer to hold and deal with 25
the detainee in accordance with those terms. 26
(2) It is the duty of the general manager of a correctional centre or 27
any other officer doing duty at a correctional centre to accept 28
custody of any full-time detainee the subject of an Australian 29
Capital Territory direction. 30
(3) The full-time detainee is to be held in custody in a correctional 31
centre for so long as is necessary for the detainee's sentence 32
referred to in the Australian Capital Territory direction to be 33
executed in accordance with that direction. 34
Page 11
Courts and Crimes Legislation Amendment Bill 2008
Schedule 7 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
(4) Nothing in this section prevents the early release of a full-time 1
detainee by reason of the operation of any law of the 2
Commonwealth, or of the Australian Capital Territory, relating to 3
the release of full-time detainees. 4
(5) Until released from custody or delivered into the custody of an 5
escort officer under an Australian Capital Territory direction, a 6
full-time detainee may be dealt with as if the detainee's sentence 7
were a sentence passed under a law of New South Wales. 8
(6) Subsection (5) is subject to the provisions of the Australian 9
Capital Territory Act. 10
45 Return of full-time detainees to ACT 11
(1) If an escort officer presents to a general manager of a correctional 12
centre an Australian Capital Territory direction in respect of a 13
full-time detainee held in custody in the correctional centre under 14
this Division: 15
(a) for the delivery of the full-time detainee into the custody 16
of the escort officer, and 17
(b) for the conveyance of the full-time detainee to the 18
Australian Capital Territory, 19
the general manager of the correctional centre must deliver the 20
full-time detainee into the custody of the escort officer. 21
(2) The direction is sufficient authority for the escort officer to 22
convey the full-time detainee in custody to the Australian Capital 23
Territory. 24
46 Evidentiary provision 25
A document purporting to be an Australian Capital Territory 26
direction and to be under the hand of the chief executive is 27
admissible in any proceedings and is in all courts exercising 28
jurisdiction in New South Wales and on all occasions evidence of 29
the particulars stated in the document. 30
[2] Section 257 Disclosure of information 31
Insert after section 257 (b): 32
(b1) in connection with the administration or execution of a law 33
of some other State or Territory in its application to an 34
inmate who has been, or is to be, transferred to that State 35
or Territory pursuant to: 36
(i) a direction referred to in section 45, or 37
Page 12
Courts and Crimes Legislation Amendment Bill 2008
Amendment of Crimes (Administration of Sentences) Act 1999 No 93 Schedule 7
(ii) a warrant referred to in section 49, or 1
(iii) an order of transfer under the Prisoners (Interstate 2
Transfer) Act 1982, or 3
[3] Section 257 (2) 4
Insert at the end of section 257: 5
(2) Information may be disclosed as referred to in subsection (1) (b1) 6
despite anything to the contrary in the Privacy and Personal 7
Information Protection Act 1998 or the Health Records and 8
Information Privacy Act 2002. 9
Page 13
Courts and Crimes Legislation Amendment Bill 2008
Schedule 8 Amendment of Crimes (Domestic and Personal Violence) Act 2007 No 80
Schedule 8 Amendment of Crimes (Domestic and 1
Personal Violence) Act 2007 No 80 2
(Section 3) 3
[1] Section 3 Definitions 4
Omit "or" from paragraph (b) of the definition of court in section 3 (1). 5
[2] Section 3 (1) 6
Omit paragraph (c) of the definition of court. 7
[3] Section 84 Review and appeal provisions concerning making etc of 8
apprehended violence orders 9
Insert after section 84 (2) (a): 10
(a1) by the applicant for an apprehended violence order against 11
the dismissal of the application by the Local Court or the 12
Children's Court, or 13
[4] Section 91 Courts authorised to make orders and determine applications 14
Omit section 91 (1) (c). 15
[5] Section 92 Jurisdiction of District Court to issue AVO following 16
dismissal of application by Local Court or Children's Court 17
Omit the section. 18
[6] Section 99 Costs 19
Omit section 99 (6). 20
Page 14
Courts and Crimes Legislation Amendment Bill 2008
Amendment of Crimes (Serious Sex Offenders) Act 2006 No 7 Schedule 9
Schedule 9 Amendment of Crimes (Serious Sex 1
Offenders) Act 2006 No 7 2
(Section 3) 3
[1] Section 5 Definitions of "serious sex offence" and "offence of a sexual 4
nature" 5
Insert after section 5 (1) (a): 6
(a1) an offence under section 61K or 66EA of the Crimes Act 7
1900, 8
[2] Section 7 Pre-trial procedures 9
Omit section 7 (4) (a). Insert instead: 10
(a) appointing: 11
(i) 2 qualified psychiatrists, or 12
(ii) 2 registered psychologists, or 13
(iii) 1 qualified psychiatrist and 1 registered 14
psychologist, or 15
(iv) 2 qualified psychiatrists and 2 registered 16
psychologists, 17
to conduct separate psychiatric or psychological 18
examinations (as the case requires) of the offender and to 19
furnish reports to the Supreme Court on the results of those 20
examinations, and 21
[3] Section 9 Determination of application for extended supervision order 22
Omit section 9 (3) (b). Insert instead: 23
(b) the reports received from the persons appointed under 24
section 7 (4) to conduct examinations of the offender, and 25
the level of the offender's participation in any such 26
examination, 27
[4] Section 15 Pre-trial procedures 28
Omit section 15 (4) (a). Insert instead: 29
(a) appointing: 30
(i) 2 qualified psychiatrists, or 31
(ii) 2 registered psychologists, or 32
(iii) 1 qualified psychiatrist and 1 registered 33
psychologist, or 34
Page 15
Courts and Crimes Legislation Amendment Bill 2008
Schedule 9 Amendment of Crimes (Serious Sex Offenders) Act 2006 No 7
(iv) 2 qualified psychiatrists and 2 registered 1
psychologists, 2
to conduct separate psychiatric or psychological 3
examinations (as the case requires) of the offender and to 4
furnish reports to the Supreme Court on the results of those 5
examinations, and 6
[5] Section 17 Determination of application for continuing detention order 7
Omit section 17 (4) (b). Insert instead: 8
(b) the reports received from the persons appointed under 9
section 15 (4) to conduct examinations of the offender, and 10
the level of the offender's participation in any such 11
examination, 12
[6] Schedule 2 Savings, transitional and other provisions 13
Insert after Part 3: 14
Part 4 Provision consequent on enactment of 15
Courts and Crimes Legislation 16
Amendment Act 2008 17
6 Application of amendment 18
Section 5 (1) (a1), as inserted by Schedule 9 [1] to the Courts and 19
Crimes Legislation Amendment Act 2008, applies to and in 20
respect of offences committed before the commencement of that 21
amendment in the same way as it applies to and in respect of 22
offences committed after that commencement. 23
Page 16
Courts and Crimes Legislation Amendment Bill 2008
Amendment of Criminal Appeal Act 1912 No 16 Schedule 10
Schedule 10 Amendment of Criminal Appeal Act 1912 1
No 16 2
(Section 3) 3
Section 3 Constitution of court 4
Insert after section 3 (1): 5
(1A) Without limiting subsection (1), the Chief Justice may (with the 6
consent of the Chief Judge concerned) also direct that the Chief 7
Judge of the Land and Environment Court or the Chief Judge of 8
the District Court (or both) act as Judges of the Court of Criminal 9
Appeal in relation to proceedings of that Court. 10
(1B) The following provisions apply to and in respect of a Chief Judge 11
who acts as a Judge of the Court of Criminal Appeal in relation 12
to proceedings pursuant to a direction given by the Chief Justice 13
under subsection (1A): 14
(a) the Chief Judge is taken to be a Judge of the Supreme 15
Court for the purposes of subsection (1), 16
(b) the Chief Judge has, while acting as a Judge of the Court 17
of Criminal Appeal, all the powers, authorities, privileges 18
and immunities of a Judge of the Supreme Court, 19
(c) the Chief Judge may attend the sittings of the Court of 20
Criminal Appeal for the purpose of giving judgment in, or 21
otherwise completing, any proceedings which have been 22
heard by the Court while the Chief Judge was acting as a 23
Judge of the Court even if the Chief Judge is no longer 24
acting as a Judge of the Court, 25
(d) the Chief Judge is not, while receiving remuneration as a 26
Chief Judge, entitled to remuneration for acting as a Judge 27
of the Court of Criminal Appeal, 28
(e) any service of the Chief Judge while acting as a Judge of 29
the Court of Criminal Appeal is, for the purposes of the Act 30
under which the Chief Judge was appointed and the 31
Judges' Pensions Act 1953, taken to be service as the Chief 32
Judge of the court concerned, 33
(f) nothing in this Act or any other law requires the Chief 34
Judge to devote the whole of his or her time to the duties 35
of acting as a Judge of the Court of Criminal Appeal. 36
Page 17
Courts and Crimes Legislation Amendment Bill 2008
Schedule 11 Amendment of Director of Public Prosecutions Act 1986 No 207
Schedule 11 Amendment of Director of Public 1
Prosecutions Act 1986 No 207 2
(Section 3) 3
[1] Section 9A 4
Insert after section 9: 5
9A Handing back of matters to original prosecutor 6
(1) If a prosecution or proceeding that has been taken over by the 7
Director under section 9 is remitted to the Local Court, the 8
Director may hand the matter back to the prosecutor from whom 9
it was taken over (the original prosecutor) or, if the original 10
prosecutor (being a holder of a position in the Government 11
Service or a member of the NSW Police Force) no longer holds 12
that position, to the person now holding that position (the 13
original prosecutor's successor). 14
(2) If a matter is handed back under this section, the original 15
prosecutor or the original prosecutor's successor, as the case may 16
be, shall, as from the time when the Director complies with 17
section 10 (1A) in relation to the matter, be deemed to be the 18
prosecutor in connection with the matter. 19
[2] Section 10 Director to inform court etc when taking over, or handing 20
back, proceedings 21
Insert after section 10 (1): 22
(1A) If the Director hands a matter back in accordance with section 23
9A, the Director shall, as soon as practicable: 24
(a) by notice in writing, inform the original prosecutor (or the 25
original prosecutor's successor) referred to in section 9A, 26
and 27
(b) by notice in writing, inform the registrar or other proper 28
officer of the Local Court in which the prosecution or 29
proceeding concerned is to be heard, 30
that the Director has handed the matter back to the original 31
prosecutor (or the original prosecutor's successor). 32
Page 18
Courts and Crimes Legislation Amendment Bill 2008
Amendment of District Court Act 1973 No 9 Schedule 12
Schedule 12 Amendment of District Court Act 1973 1
No 9 2
(Section 3) 3
[1] Section 126 Order of the Court for new trial 4
Insert after section 126 (2): 5
(3) This section does not limit the operation of section 127A. 6
[2] Section 127A 7
Insert after section 127: 8
127A Appeal after jury trial 9
(1) Where, in any proceedings in the Court, there is a trial of the 10
proceedings or of any issue in the proceedings with a jury, an 11
application for: 12
(a) the setting aside of a verdict or judgment, or 13
(b) a new trial, or 14
(c) the alteration of a verdict by increasing or reducing any 15
amount of debt, damages or other money, 16
shall be by appeal to the Supreme Court. 17
(2) An appeal under this section lies as of right. 18
Page 19
Courts and Crimes Legislation Amendment Bill 2008
Schedule 13 Amendment of Land and Environment Court Act 1979 No 204
Schedule 13 Amendment of Land and Environment 1
Court Act 1979 No 204 2
(Section 3) 3
[1] Section 10 Acting Chief Judge 4
Insert after section 10 (1): 5
(1A) While the Chief Judge is absent from Australia and an Acting 6
Chief Judge has not been appointed under subsection (1), the 7
senior Judge present in Australia is taken to be the Acting Chief 8
Judge. 9
(1B) For the purposes only of subsection (1A): 10
(a) the Judges shall have seniority between themselves 11
according to the dates of their commissions as Judges 12
under this Act, a Judge whose commission is dated earlier 13
than that of another Judge being senior to that other Judge, 14
and 15
(b) if the commissions of two or more Judges bear the same 16
date, those Judges shall have seniority between themselves 17
according to the seniority assigned to them by their 18
commission or, failing any such assignment, according to 19
the order of their being sworn. 20
[2] Section 19 Class 3--land tenure, valuation, rating and compensation 21
matters 22
Insert at the end of section 19 (g4): 23
(g5) applications under section 40 (2) of this Act, 24
[3] Section 34 Conciliation conferences 25
Insert after section 34 (1): 26
(1A) It is the duty of each party to proceedings where a conciliation 27
conference has been arranged under subsection (1) to participate, 28
in good faith, in the conciliation conference. 29
[4] Section 34B Arrangements for dealing with on-site hearing matters 30
Omit "presided over by a single Commissioner" from section 34B (1). 31
Insert instead "to be heard and disposed of by one or more Commissioners". 32
Page 20
Courts and Crimes Legislation Amendment Bill 2008
Amendment of Land and Environment Court Act 1979 No 204 Schedule 13
[5] Section 34B (5) 1
Omit the subsection. Insert instead: 2
(5) The provisions of section 36 (2)-(6) apply to the hearing and 3
disposal of proceedings under this section. 4
[6] Section 34B (6) 5
Insert after section 34B (5): 6
(6) In this section, Commissioner means the Commissioner or 7
Commissioners hearing the on-site hearing matter. 8
[7] Section 34D 9
Omit the section. Insert instead: 10
34D Site inspections in court hearing matters 11
Before disposing of a court hearing matter, the Court (or the 12
persons exercising the functions of the Court) must make an 13
inspection of the site of the proposed development, unless: 14
(a) all the parties agree to dispense with an inspection, or 15
(b) the Court (or the persons exercising the functions of the 16
Court) considers that the matter can be properly 17
determined without the need for an inspection. 18
[8] Section 36 Delegation to Commissioners 19
Insert "or 40" after "section 34A" in section 36 (1). 20
[9] Section 40 21
Omit the section. Insert instead: 22
40 Additional powers of Court--provision of easements 23
(1) This section applies if an appeal involving the grant or 24
modification of a development consent under the Environmental 25
Planning and Assessment Act 1979 is pending before the Court. 26
(2) The appellant may make an application to the Court for an order 27
imposing an easement over land. 28
(3) The parties to an application under this section include the owner 29
of the land to be burdened by the easement, and each other person 30
having an estate or interest in the land, as evidenced by an 31
instrument registered in the General Register of Deeds or the 32
Register kept under the Real Property Act 1900. 33
Page 21
Courts and Crimes Legislation Amendment Bill 2008
Schedule 13 Amendment of Land and Environment Court Act 1979 No 204
(4) In dealing with an application under this section, the Court may 1
exercise the jurisdiction of the Supreme Court under section 88K 2
of the Conveyancing Act 1919 and, in that event, section 88K of 3
the Conveyancing Act 1919 applies to the Court's exercise of that 4
jurisdiction in the same way as it applies to the exercise of that 5
jurisdiction by the Supreme Court. 6
Page 22
Courts and Crimes Legislation Amendment Bill 2008
Amendment of Legal Profession Act 2004 No 112 Schedule 14
Schedule 14 Amendment of Legal Profession Act 1
2004 No 112 2
(Section 3) 3
[1] Section 384 Appeal against decision of costs assessor as to matter of 4
law 5
Omit "Supreme Court" wherever occuring in section 384 (1) and (2). 6
Insert instead "District Court". 7
[2] Section 385 Appeal against decision of costs assessor by leave 8
Omit "Supreme Court" wherever occuring in section 385 (1), (3) and (5). 9
Insert instead "District Court". 10
[3] Section 387 Assessor can be party to appeal 11
Omit "only by the Supreme Court". Insert instead "by the District Court". 12
[4] Schedule 9 Savings, transitional and other provisions 13
Insert at the end of clause 1 (1): 14
Courts and Crimes Legislation Amendment Act 2008 15
[5] Schedule 9, Part 4 16
Insert after clause 33: 17
Part 4 Provision consequent on enactment of 18
Courts and Crimes Legislation 19
Amendment Act 2008 20
34 Pending appeals 21
An appeal to the Supreme Court for which a hearing date had 22
been allocated before the commencement of Schedule 14 to the 23
Courts and Crimes Legislation Amendment Act 2008 is to be 24
determined as if that Act had not been enacted. 25
Page 23
Courts and Crimes Legislation Amendment Bill 2008
Schedule 15 Amendment of Local Court Act 2007 No 93
Schedule 15 Amendment of Local Court Act 2007 1
No 93 2
(Section 3) 3
[1] Section 19 Registrar's functions generally 4
Insert after section 19 (2): 5
(3) A person employed as a deputy registrar has, under the registrar, 6
all of the functions of the registrar and may exercise those 7
functions in respect of any place in the State. 8
[2] Section 39 Appeals as of right 9
Omit "Supreme Court" from section 39 (2). 10
Insert instead "District Court". 11
[3] Section 41 Determination of appeals 12
Omit "this Division". Insert instead "section 39 (1) or 40". 13
[4] Section 41 (2) 14
Insert at the end of section 41: 15
(2) The District Court may determine an appeal made under section 16
39 (2): 17
(a) by varying the terms of the judgment or order, or 18
(b) by setting aside the judgment or order, or 19
(c) by setting aside the judgment or order and remitting the 20
matter to the Local Court for determination in accordance 21
with the District Court's directions, or 22
(d) by dismissing the appeal. 23
[5] Schedule 4 Savings, transitional and other provisions 24
Insert at the end of clause 1 (1): 25
Courts and Crimes Legislation Amendment Act 2008 26
Page 24
Courts and Crimes Legislation Amendment Bill 2008
Amendment of Local Court Act 2007 No 93 Schedule 15
[6] Schedule 4, Part 3 1
Insert after Part 2: 2
Part 3 Provision consequent on enactment of 3
Courts and Crimes Legislation 4
Amendment Act 2008 5
12 Pending appeals 6
An appeal to the Supreme Court for which a hearing date had 7
been allocated before the commencement of Schedule 15 [2]-[6] 8
to the Courts and Crimes Legislation Amendment Act 2008 is to 9
be determined as if that Act had not been enacted. 10
Page 25
Courts and Crimes Legislation Amendment Bill 2008
Schedule 16 Amendment of Local Courts Act 1982 No 164
Schedule 16 Amendment of Local Courts Act 1982 1
No 164 2
(Section 3) 3
[1] Section 73 Appeals as of right 4
Omit "Supreme Court" from section 73 (2). 5
Insert instead "District Court". 6
[2] Section 75 Determination of appeals 7
Omit "this Division". Insert instead "section 73 (1) or 74". 8
[3] Section 75 (2) 9
Insert at the end of section 75: 10
(2) The District Court may determine an appeal made under section 11
73 (2): 12
(a) by varying the terms of the judgment or order, or 13
(b) by setting aside the judgment or order, or 14
(c) by setting aside the judgment or order and remitting the 15
matter to the Court for determination in accordance with 16
the District Court's directions, or 17
(d) by dismissing the appeal. 18
[4] Schedule 1 Savings and transitional provisions 19
Insert at the end of clause 8 (1): 20
Courts and Crimes Legislation Amendment Act 2008 21
[5] Schedule 1, clause 19 22
Insert after clause 18: 23
19 Pending appeals 24
An appeal to the Supreme Court for which a hearing date had 25
been allocated before the commencement of Schedule 16 to the 26
Courts and Crimes Legislation Amendment Act 2008 is to be 27
determined as if that Act had not been enacted. 28
Page 26
Courts and Crimes Legislation Amendment Bill 2008
Amendment of Medical Practice Act 1992 No 94 Schedule 17
Schedule 17 Amendment of Medical Practice Act 1992 1
No 94 2
(Section 3) 3
[1] Section 148 Chairperson and Deputy Chairpersons of Tribunal 4
Omit section 148 (1). Insert instead: 5
(1) The Governor may appoint a qualified person as Chairperson of 6
the Tribunal and may appoint one or more qualified persons as 7
Deputy Chairpersons of the Tribunal. 8
[2] Section 148 (7) 9
Omit "Judge of the District Court". Insert instead "qualified person". 10
[3] Section 148 (8) and (9) 11
Insert after section 148 (7): 12
(8) The amendment of this section by Schedule 17 to the 13
Courts and Crimes Legislation Amendment Act 2008 does 14
not affect the validity of any appointment in force 15
immediately before the commencement of the amendment. 16
(9) In this section, qualified person means a Judge of the 17
Supreme Court (or a Judge or other person having the same 18
status as a Judge of the Supreme Court) or a Judge of the 19
District Court. 20
Page 27
Courts and Crimes Legislation Amendment Bill 2008
Schedule 18 Amendment of Strata Schemes Management Act 1996 No 138
Schedule 18 Amendment of Strata Schemes 1
Management Act 1996 No 138 2
(Section 3) 3
[1] Chapter 5 Disputes and orders of Adjudicators and Tribunal 4
Omit "This Part" from the introductory note to the Chapter. 5
Insert instead "This Chapter". 6
[2] Chapter 5, introductory note, and section 200 (1) 7
Omit "Supreme Court" wherever occurring. Insert instead "District Court". 8
[3] Schedule 4 Savings, transitional and other provisions 9
Insert at the end of clause 1 (1): 10
Courts and Crimes Legislation Amendment Act 2008 11
[4] Schedule 4 12
Insert at the end of the Schedule with appropriate Part and clause numbering: 13
Part Provision consequent on enactment of 14
Courts and Crimes Legislation 15
Amendment Act 2008 16
Pending appeals 17
An appeal to the Supreme Court for which a hearing date had 18
been allocated before the commencement of Schedule 18 to the 19
Courts and Crimes Legislation Amendment Act 2008 is to be 20
determined as if that Act had not been enacted. 21
[5] Dictionary 22
Insert in alphabetical order in Part 1 of the Dictionary: 23
District Court means the District Court of New South Wales. 24
Page 28
Courts and Crimes Legislation Amendment Bill 2008
Amendment of Supreme Court Act 1970 No 52 Schedule 19
Schedule 19 Amendment of Supreme Court Act 1970 1
No 52 2
(Section 3) 3
Section 37A 4
Insert after section 37: 5
37A Certain Chief Judges of other courts may act as additional Judges 6
of Appeal 7
(1) This section applies to each of the following Chief Judges (a 8
designated Chief Judge): 9
(a) the Chief Judge of the Land and Environment Court, 10
(b) the Chief Judge of the District Court. 11
(2) A designated Chief Judge may act as an additional Judge of 12
Appeal in relation to proceedings in the Court of Appeal if: 13
(a) the Chief Justice certifies that it is expedient that the Chief 14
Judge should act as an additional Judge of Appeal in the 15
proceedings, and 16
(b) the Chief Judge consents to act as an additional Judge of 17
Appeal in the proceedings. 18
(3) The following provisions apply to and in respect of a designated 19
Chief Judge who acts as an additional Judge of Appeal pursuant 20
to the provisions of this section: 21
(a) the Chief Judge has, while acting as an additional Judge of 22
Appeal, all the powers, authorities, privileges and 23
immunities of a Judge of Appeal (including the powers, 24
authorities, privileges and immunities of a Judge of the 25
Supreme Court), 26
(b) the Chief Judge may attend the sittings of the Court of 27
Appeal for the purpose of giving judgment in, or otherwise 28
completing, any proceedings which have been heard by the 29
Court while the Chief Judge was acting as an additional 30
Judge of Appeal even if the Chief Judge is no longer acting 31
as an additional Judge of Appeal, 32
(c) the Chief Judge is not, while receiving remuneration as a 33
Chief Judge, entitled to remuneration for acting as an 34
additional Judge of Appeal, 35
Page 29
Courts and Crimes Legislation Amendment Bill 2008
Schedule 19 Amendment of Supreme Court Act 1970 No 52
(d) any service of the Chief Judge while acting as an additional 1
Judge of Appeal is, for the purposes of the Act under which 2
the Chief Judge was appointed and the Judges' Pensions 3
Act 1953, taken to be service as the Chief Judge of the 4
court concerned, 5
(e) nothing in this Act or any other law requires the Chief 6
Judge to devote the whole of his or her time to the duties 7
of acting as an additional Judge of Appeal. 8
Page 30
Courts and Crimes Legislation Amendment Bill 2008
Amendment of Surveillance Devices Act 2007 No 64 Schedule 20
Schedule 20 Amendment of Surveillance Devices Act 1
2007 No 64 2
(Section 3) 3
[1] Section 8 Installation, use and maintenance of optical surveillance 4
devices without consent 5
Insert after section 8 (2) (c): 6
(d) the installation, use or maintenance of an optical 7
surveillance device by a law enforcement officer in the 8
execution of a search warrant or crime scene warrant 9
(including the use of an optical surveillance device to 10
record any activity in connection with the execution of the 11
warrant). 12
Note. See also section 255 of the Children and Young Persons 13
(Care and Protection) Act 1998. 14
[2] Section 8 (3) 15
Insert after section 8 (2): 16
(3) In this section: 17
crime scene warrant has the same meaning as it has in the Law 18
Enforcement (Powers and Responsibilities) Act 2002. 19
search warrant means a search warrant issued under: 20
(a) any of the following provisions of the Law Enforcement 21
(Powers and Responsibilities) Act 2002: 22
(i) Division 2 (Police powers relating to warrants) of 23
Part 5, 24
(ii) Part 6 (Search, entry and seizure powers relating to 25
domestic violence offences), 26
(iii) Division 1 (Drug premises) of Part 11, or 27
(b) section 40 of the Independent Commission Against 28
Corruption Act 1988, or 29
(c) section 11 of the New South Wales Crime Commission Act 30
1985, or 31
(d) Division 2 or 3 of Part 4 of the Criminal Assets Recovery 32
Act 1990, 33
(e) section 45 of the Police Integrity Commission Act 1996. 34
Page 31
Courts and Crimes Legislation Amendment Bill 2008
Schedule 21 Amendment of Terrorism (Police Powers) Act 2002 No 115
Schedule 21 Amendment of Terrorism (Police 1
Powers) Act 2002 No 115 2
(Section 3) 3
Section 27A Definitions 4
Omit section 27A (2). 5
Page 32
Courts and Crimes Legislation Amendment Bill 2008
Amendment of Births, Deaths and Marriages Registration Regulation 2006 Schedule 22
Schedule 22 Amendment of Births, Deaths and 1
Marriages Registration Regulation 2006 2
(Section 4) 3
[1] Clause 9A 4
Insert after clause 9: 5
9A Application to register change of sex 6
For the purposes of section 32DB (b) of the Act, the following 7
documents are prescribed as documents that must accompany an 8
application under section 32DA of the Act: 9
(a) a signed statement by each of the 2 doctors (or 2 medical 10
practitioners) referred to in section 32DB (a) of the Act 11
declaring that the doctor or practitioner concerned sighted 12
proof of the identity of the person the subject of the 13
application when making the statutory declaration referred 14
to in that section, and 15
(b) documentary proof to the Registrar's satisfaction: 16
(i) that the person is an Australian citizen or permanent 17
resident of Australia, and 18
(ii) that the person lives, and has lived for at least one 19
year, in New South Wales. 20
[2] Clause 10 Persons who may apply for old birth certificate 21
Omit "sexual reassignment surgery" from clause 10 (2) (a). 22
Insert instead "a sex affirmation procedure". 23
Page 33
Courts and Crimes Legislation Amendment Bill 2008
Schedule 22 Amendment of Births, Deaths and Marriages Registration Regulation 2006
[3] Clause 11 Prescribed interstate laws 1
Insert at the end of clause 11: 2
(2) For the purposes of section 32J (Effect of registration of change 3
of sex and interstate recognised details certificates) of the Act the 4
Gender Reassignment Act 2000 of Western Australia is 5
prescribed. 6
Page 34
[Index] [Search] [Download] [Related Items] [Help]