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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 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Acts 2
4 Repeal of Act 2
Schedule 1 Amendment of Civil Procedure Act 2005 No 28 3
Schedule 2 Amendment of Drug Court Act 1998 No 150 5
Schedule 3 Amendment of Land and Environment Court Act 1979 No 204 6
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, , 2006
New South Wales
Courts Legislation Further Amendment
Bill 2006
Act No , 2006
An Act to amend the Civil Procedure Act 2005, the Drug Court Act 1998 and the
and and Environment Court Act 1979 with respect to courts, court procedures and
other matters; 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 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Courts Legislation Further Amendment Act 2006.
2 Commencement
(1) This Act commences on the date of assent except as provided by
subsection (2).
(2) Schedule 2 commences on the commencement of Schedule 1 [5] to the
Compulsory Drug Treatment Correctional Centre Act 2004.
3 Amendment of Acts
Each Act set out in Schedules 1-3 is amended as set out in those
Schedules.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which all the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Courts Legislation Further Amendment Bill 2006
Amendment of Civil Procedure Act 2005 No 28 Schedule 1
Schedule 1 Amendment of Civil Procedure Act 2005
No 28
(Section 3)
[1] Section 18 Fees
Omit ", (d) or (e)" from section 18 (2). Insert instead "or (d)".
[2] Section 77 Payment of money recovered on behalf of person under legal
incapacity
Omit section 77 (3) and (4). Insert instead:
(3) Despite subsection (2), the court may order that the whole or any
part of such money not be paid into court but be paid instead to
such person as the court may direct, including:
(a) if the person is a minor, to the Public Trustee, or
(b) if the person is a protected person, to the manager of the
protected person's estate.
(4) Money paid into court under subsection (2) is to be paid to such
person as the court may direct, including:
(a) if the person is a minor, to the Public Trustee, or
(b) if the person is a protected person, to the manager of the
protected person's estate.
[3] Section 81 Definitions and application
Insert after section 81 (2):
Note. Clause 11 of Schedule 6 to this Act provides that the reference in
subsection (2) to an award of damages to which Chapter 5 of the Motor
Accidents Compensation Act 1999 applies includes a reference to an
award of damages to which Part 6 of the Motor Accidents Act 1988
applies.
[4] Section 97 Arrest warrants
Omit "this or any other Act or under rules of court" from section 97 (1) (a).
Insert instead "this Act or any other law".
Page 3
Courts Legislation Further Amendment Bill 2006
Schedule 1 Amendment of Civil Procedure Act 2005 No 28
[5] Section 113 Sale or mortgage by judgment debtor of land affected by
order
Omit section 113 (6) (b). Insert instead:
(b) the Sheriff, on production of the agreement for the sale or
the mortgage instrument, must endorse:
(i) in the case of a sale, the agreement for sale, or
(ii) in the case of a mortgage, the mortgage instrument.
[6] Section 113 (7)
Omit "agreement". Insert instead "agreement or mortgage instrument".
[7] Schedule 6 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Courts Legislation Further Amendment Act 2006 (but only to the extent
that it amends this Act)
Page 4
Courts Legislation Further Amendment Bill 2006
Amendment of Drug Court Act 1998 No 150 Schedule 2
Schedule 2 Amendment of Drug Court Act 1998
No 150
(Section 3)
[1] Section 5A Definition of "eligible convicted offender"
Omit section 5A (1) (b). Insert instead:
(b) the person has been sentenced to a term of imprisonment
for the offence to be served by way of full-time detention
and the unexpired non-parole period in relation to that
sentence is:
(i) at the time the Drug Court is determining whether to
make a compulsory drug treatment order with
respect to the person--a period of no more than 3
years, and
(ii) at the time that the sentence was imposed--a period
of at least 18 months, and
[2] Section 5A (1) (c)
Omit "3 other offences". Insert instead "2 other offences".
[3] Section 5A (1) (d) and (e)
Omit "in the opinion of the Drug Court," wherever occurring.
[4] Section 5A (2) (d)
Omit the paragraph.
[5] Section 18E Assessment of eligibility and suitability by the
multi-disciplinary team
Insert after section 18E (2) (c):
(c1) the offender's history of committing offences involving
violence,
Page 5
Courts Legislation Further Amendment Bill 2006
Schedule 3 Amendment of Land and Environment Court Act 1979 No 204
Schedule 3 Amendment of Land and Environment
Court Act 1979 No 204
(Section 3)
Section 39A Joinder of parties in certain appeals
Insert "96 (6), 96AA (3), 96A (5)," after "under section".
Page 6
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