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This is a Bill, not an Act. For current law, see the Acts databases.


COURTS LEGISLATION FURTHER AMENDMENT BILL 2002





                          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.




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