New South Wales Consolidated Acts

DISTRICT COURT ACT 1973 - SECT 188

188 References to District Court judges in existing instruments

(1) Subject to subsection (3), in an instrument--

(a) a reference to the Chairman of the District Court Judges shall be read and construed as a reference to the Chief Judge,

(b) subject to paragraphs (c) and (d), a reference to a District Court judge shall be read and construed as a reference to a Judge appointed under this Act,

(c) subject to paragraph (d), a reference to a District Court judge within whose jurisdiction, or within whose district, or of or for the district where, or having or exercising jurisdiction within the district where, a place, building, institution or any other matter or thing is situated, or an event occurred or is occurring or is expected to occur, or a person has his or her place of abode or resides or carries on his or her business, shall be read and construed as a reference to the new Court sitting at the nearest proclaimed place to the place where that place, building, institution, matter or thing is situated, or that event occurred or is occurring or is expected to occur, or that person has his or her place of abode or resides or carries on his or her business, and

(d) a reference to a District Court judge occurring in conjunction with or in relation to a reference to a district shall, if the rules so provide, be read and construed as a reference to the new Court sitting at the proclaimed place specified in or determined in accordance with the rules.

(2) Subject to subsections (1) (c) and (d) and (3), where under an instrument a power (other than a power to make rules) is vested in the District Court judges, or in any number of them, or a majority of them, or any one of them that power shall be exercised by the new Court in all respects as those judges or that judge might have exercised the power immediately before the commencement of this Act, but in accordance with this Act and the rules.

(3) The Governor may direct by proclamation that--

(a) subsection (1) (c) and (d) shall not apply to a reference specified in the proclamation, or

(b) subsection (2) shall not apply to any power specified in the proclamation,

and the proclamation shall have effect accordingly, but subject to section 41 of the Interpretation Act 1987 .

(4) Sections 40 and 41 of the Interpretation Act 1987 apply to a proclamation under subsection (3) in the same way as they apply to a statutory rule within the meaning of that Act.