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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Courts Legislation Further Amendment
Bill 2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Acts 2
Schedules
1 Amendment of Bail Act 1978 No 161 3
2 Amendment of Land and Environment Court Act 1979
No 204 4
3 Amendment of Liquor Act 1982 No 147 5
4 Amendment of Local Courts Act 1982 No 164 6
5 Amendment of Statutory and Other Offices Remuneration
Act 1975 (1976 No 4) 8
6 Amendment of Supreme Court Act 1970 No 52 9
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2002
New South Wales
Courts Legislation Further Amendment
Bill 2002
Act No , 2002
An Act to amend the Bail Act 1978 in relation to bail undertakings, the Land and
Environment Court Act 1979 in relation to the issue of process, the Liquor Act
1982 in relation to licensing magistrates under that Act, the Local Courts Act 1982
in relation to the preservation of entitlements of persons appointed as Magistrates,
and the Supreme Court Act 1970 in relation to arbitration; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Courts Legislation Further Amendment Bill 2002
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Courts Legislation Further Amendment Act 2002.
2 Commencement
(1) This Act commences on a day or days to be appointed by
proclamation, except as provided by subsection (2).
(2) Schedule 4 [1] commences on the date of assent.
3 Amendment of Acts
The Acts specified in Schedules 1-6 are amended in the manner set
out in those Schedules.
Page 2
Courts Legislation Further Amendment Bill 2002
Amendment of Bail Act 1978 No 161 Schedule 1
Schedule 1 Amendment of Bail Act 1978 No 161
(Section 3)
[1] Section 35
Omit the section. Insert instead:
35 Giving of bail undertakings
A bail undertaking may be given to any of the following:
(a) a court,
(b) an authorised officer,
(c) an officer of the Department of Corrective Services who
is authorised by the Commissioner of Corrective
Services for the purposes of this section.
[2] Sections 36 (3) (d) and 39B
Omit "authorised officer or court" wherever occurring.
Insert instead "officer or court".
[3] Section 39 Entry into agreement and acceptance of acknowledgment or
security
Omit "authorised officer or court" where secondly occurring.
Insert instead "officer or court".
Page 3
Courts Legislation Further Amendment Bill 2002
Schedule 2 Amendment of Land and Environment Court Act 1979 No 204
Schedule 2 Amendment of Land and Environment
Court Act 1979 No 204
(Section 3)
[1] Section 65 Issue of process
Omit "and be signed by the officer issuing the process and marked with the
Court office stamp".
Insert instead "and be signed or otherwise authenticated in accordance with
the rules".
[2] Schedule 3 Savings, transitional and other provisions
Insert at the end of the Schedule, with appropriate numbering:
Provision consequent on enactment of Courts Legislation
Further Amendment Act 2002
Anything that was done or omitted to be done on or after 1 July
2002 and before the commencement of the amendment made
by Schedule 2 to the Courts Legislation Further Amendment
Act 2002, and that would have been valid if that amendment
had been in force when the thing was done or omitted to be
done, is validated.
Page 4
Courts Legislation Further Amendment Bill 2002
Amendment of Liquor Act 1982 No 147 Schedule 3
Schedule 3 Amendment of Liquor Act 1982 No 147
(Section 3)
Section 8 Appointment of licensing magistrates
Insert after section 8 (3):
(3A) A licensing magistrate who is a Magistrate with limited tenure
within the meaning of the Local Courts Act 1982 is entitled to
be paid (and is taken always to have been entitled to be paid)
remuneration payable in respect of Magistrates with limited
tenure under section 24 (2) of that Act.
Page 5
Courts Legislation Further Amendment Bill 2002
Schedule 4 Amendment of Local Courts Act 1982 No 164
Schedule 4 Amendment of Local Courts Act 1982
No 164
(Section 3)
[1] Section 14A
Insert after section 14:
14A Special provision relating to certain Chief Magistrate
(1) This section applies to a person:
(a) who was a Judge of the District Court before being
appointed as the Chief Magistrate, and
(b) who was the first person appointed as Chief Magistrate
after the commencement of this section, and
(c) whose instrument of appointment declared that this
section applies to the person's appointment as Chief
Magistrate.
(2) The appointment of the person as Chief Magistrate, or service
by the person as Chief Magistrate, does not affect:
(a) the person's tenure as a Judge of the District Court, or
(b) the person's rank, title, status, remuneration or other
rights or privileges as a Judge of the District Court.
(3) The person's service as Chief Magistrate is, for all purposes,
taken to be service as the holder of the office of Judge of the
District Court.
(4) Despite anything to the contrary in this section, the person is
not to exercise the jurisdiction of the District Court while
holding office as Chief Magistrate (except, with the approval of
the Chief Judge of the District Court, in respect of a matter that
was being dealt with by the person immediately before being
appointed as Chief Magistrate).
[2] Section 25 Superannuation and certain other rights
Insert after section 25 (4):
(5) This section is subject to section 25A.
Page 6
Courts Legislation Further Amendment Bill 2002
Amendment of Local Courts Act 1982 No 164 Schedule 4
[3] Section 25A
Insert after section 25:
25A Extended, annual and sick leave accrued or accruing at time of
appointment
(1) A person who was employed in a public sector service (within
the meaning of Schedule 5A to the Public Sector Management
Act 1988) before the person's appointment as a Magistrate does
not retain, on his or her appointment, any entitlement to
extended, annual or sick leave accrued or accruing to the
person as such an employee.
(2) Subsection (1) does not apply in relation to a Magistrate with
limited tenure.
(3) Nothing in subsection (1) prevents the payment to a person to
whom that subsection applies of the money value of any
extended, annual or sick leave accrued or accruing to the
person as an employee in a public sector service before the
person's appointment as a Magistrate.
(4) This section applies only in relation to a person appointed as a
Magistrate on or after the commencement of this section.
Page 7
Courts Legislation Further Amendment Bill 2002
Schedule 5 Amendment of Statutory and Other Offices Remuneration Act 1975 (1976
No 4)
Schedule 5 Amendment of Statutory and Other Offices
Remuneration Act 1975 (1976 No 4)
(Section 3)
Schedule 1 Public offices
Insert "or a Magistrate who has limited tenure within the meaning of the
Local Courts Act 1982" at the end of the matter relating to Licensing
magistrate (under the Liquor Act 1982).
Page 8
Courts Legislation Further Amendment Bill 2002
Amendment of Supreme Court Act 1970 No 52 Schedule 6
Schedule 6 Amendment of Supreme Court Act 1970
No 52
(Section 3)
[1] Section 76B Arbitration under Arbitration (Civil Actions) Act 1983
Omit section 76B (3) (b) and (c).
[2] Fourth Schedule Savings and transitional provisions
Insert at the end of the Schedule, with appropriate numbering:
Part Provision consequent on enactment of Courts
Legislation Further Amendment Act 2002
Arbitration
The amendment made by Schedule 6 [1] to the Courts
Legislation Further Amendment Act 2002 extends to
proceedings commenced, but not determined, before the
commencement of the amendment.
Page 9
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