LOCAL COURT (RELATED AMENDMENTS) BILL 2016 Explanatory Statement

2016

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

ATTORNEY-GENERAL AND MINISTER FOR JUSTICE

Local Court (Related Amendments) Bill 2016

SERIAL NO. 154

EXPLANATORY STATEMENT

The Local Court (Related Amendments) Bill 2016 amends 156 Acts and subordinate legislation consequential to the enactment of the Local Court Act 2015 and the proposed enactment of the Local Court (Repeals and Related Amendments) Bill 2015. The amendments deal with the following:

(e) changing “magistrate” to “court”, “Judge” or “Local Court Judge”;

(f) changing “clerk” to “registrar” and where necessary “the Registrar” to “a registrar” and “Registrar” to “registrar”;

(g) changing “Justice” or “Justice of the Peace” to “justice of the peace” where appropriate;

(h) changing “Judge” and “Judge of the Supreme Court” to “Supreme Court Judge” where appropriate;

(j) clarifying where necessary whether an Act confers criminal or civil jurisdiction on the Local Court;

(k) changing “Justices Act” to “Local Court (Criminal Procedure) Act”;

(l) modifying the disqualifying offences in the Schedules to the Housing Regulations and Public Transport (Passenger Safety) Regulations;

(n) where appropriate when referring to “offence” change to either “Indictable offence” or “summary offence”; and

(o) changing “to be tried summarily” to “to be dealt with summarily” and changing “to be tried on indictment” to “to be dealt with on indictment”.

This is the formal clause providing the citation for the Bill. The Bill when passed may be cited as the Local Court (Related Amendments) Act 2016.

This clause provides for the commencement of the Act to occur immediately after the commencement of the Local Court (Repeals and Related Amendments) Act 2016.

This clause provides for the repeal of the definition of “Stipendiary Magistrate” as that term is no longer used in this or any other Act.

This clause amends section 31(1)(b) by replacing the term “Stipendiary Magistrate” with “the Local Court”.

This clause amends the heading for Part X by replacing the term “Stipendiary Magistrate” with “Local Court”.

This clause repeals sub-sections 85(2) and (7). Section 85(2) is an unnecessary duplication of section 85(1). Section 85(7) is unnecessary because the Local Court Act 2015 deals with practice and procedure of matters handled by the Local Court.

This clause amends section 125(2) by replacing the term “Stipendiary Magistrate” with “the Local Court”.

Section 125A (which deals with the issue of whether offences are dealt with summarily or by indictment) is unnecessary because section 3 of the Criminal Code determines whether an offence is a summary offence or an indictable offence. The Local Court (Criminal Procedure) Act then determines the processes applicable to prosecution depending on whether an offence is an indictable or summary offence.

This clause provides that this Division amends the Child Protection (Offender Reporting and Registration) Act.

This clause amends section 69 by omitting the reference to “Court of Summary Jurisdiction” and replacing it with a reference to the “Local Court”.

New section 70A provides that the jurisdiction of the Local Court under the Child Protection (Offender Reporting and Registration) Act is part of the criminal jurisdiction of the Local Court.

This clause amends section 76(1) by omitting the reference to “magistrate” and replacing it with a reference to “court”.

This clause provides that this Division amends the Companies (Unclaimed Assets and Moneys) Act.

This clause provides for the repeal of section 16 (which provides that offences under the Act are dealt with summarily). The section is unnecessary because section 3 of the Criminal Code determines whether an offence is a summary offence or an indictable offence. The Local Court (Criminal Procedure) Act then determines the processes applicable to prosecution depending on whether an offence is an indictable or summary offence.

This clause provides that this Division amends the Criminal Investigation (Extra-territorial Offences) Act.

New section 3A provides that the jurisdiction of the Local Court under the Criminal Investigations (Extra-territorial) Offences Act is part of the criminal jurisdiction of the Local Court.

This clause amends section 4(1) by omitting the reference to “a magistrate” and replacing it with a reference to “a Local Court Judge”. This clause further amends section 4(1) by omitting the reference “the magistrate” and replacing it with a reference to “the Judge”.

This clause also amends section 4(5) by omitting all references to “magistrate” and replacing it with a reference to “Judge”.

This clause also amends section 4(6) by omitting the reference to “magistrate” and replacing it with a reference to “Local Court Judge”.

This clause further amends section 4(6) by omitting the reference to “court of summary jurisdiction” and replacing it with a reference to “Local Court”.

This clause amends section 6(5)(a)(ii) by omitting the reference to “magistrate” and replacing it with a reference to “Local Court Judge”.

This clause amends section 8(3)(b)(ii) and (4) by omitting the references to “court of summary jurisdiction” and replacing them with references to “Local Court”.

This clause further amends section 8(4) by omitting the reference to the “Justices Act” and replacing it with a reference to the “Local Court (Criminal Procedure) Act” to reflect the change of name of that Act.

This clause provides that this Division amends the Evidence (National Uniform Legislation) Act.

This clause provides for the repeal of section 96 (which provides that offences under the Act are dealt with summarily). The section is unnecessary because section 3 of the Criminal Code determines whether an offence is a summary offence or an indictable offence. The Local Court (Criminal Procedure) Act then determines the processes applicable to prosecution depending on whether an offence is an indictable or summary offence.

This clause provides that this Division amends the Guardianship of Infants Act.

This clause omits the reference to court of summary jurisdiction and replaces it with a reference to the Local Court.

This clause repeals section 23 (which provides for rules of court by the Supreme Court). The Supreme Court Act (section 86(3)now provides that the Supreme Court can make rules for the purposes of its jurisdiction under Acts such as the Guardianship of Infants Act.

This clause repeals section 191(which provides that offences under the Act are dealt with summarily). The section is unnecessary because section 3 of the Criminal Code determines whether an offence is a summary offence or an indictable offence. The Local Court (Criminal Procedure) Act then determines the processes applicable to prosecution depending on whether an offence is an indictable or summary offence.

This clause amends schedule 2 by replacing references to magistrates with references to Local Court Judges.

This clause provides that this Division amends the Totalisator Licensing and Regulation Act.

This clause omits the references to “Justice” and replaces them with references to justices of the peace.

This clause repeals section 29AAY. Section 29AAY (which deals with references to committal proceedings) is unnecessary. The provisions of the Local Court (Criminal Procedure) Act will, on commencement of the local courts’ reform legislation make it clear that committal proceedings are proceedings of a court.

This clause repeals section 43(3). This sub-section relates to the operation of the Criminal Law (Conditional Release of Offenders) Act. That Act was repealed when the Sentencing Act commenced operation in 1996. It is considered as having no current operation.

This clause repeals regulations 27 (Recovery of penalties) and 28 (Orders to be enforced by Local Court) and replaces them with regulation 28. Regulation 27 is being repealed because it is not necessary to state that a summary offence is dealt with in the Local Court. Regulation 28 is being repealed and replaced so as to reflect current drafting practices.

New regulation 28 provides that the Local Court is the court prescribed for the purposes of section 152(1) of the Building Act (Additional orders that may be made by the Court).

This clause amends the disqualifying offences in Schedule 1, Part A by omitting items 1, 2 and 3 and replacing those items with new items 1, 2 and 3.

1. An indictable offence under the Criminal Code or Misuse of Drugs Act (whether the charge of the offence is dealt with summarily or on indictment).

2. An offence against section 71, 121, 125C, 188(1) or 213(1) of the Criminal Code.

3. An offence against any of the following sections of the Misuse of Drugs Act:

This clause provides that this Division amends the Public Transport (Passenger Safety) Regulations.

This clause amends the disqualifying offences in the Schedule, Part A by omitting items 1, 2 and 3 and replacing those items with new items 1, 2 and 3.

1. An indictable offence under the Criminal Code or the Misuse of Drugs Act (whether the charge of the offence is dealt with summarily or on indictment).

2. An offence against section 71, 82(1), 109, 121, 125C, 133, 140, 188(1), 199, 200 or 213 of the Criminal Code.

3. An offence against any of the following sections of the Misuse of Drugs Act:

This clause provides that other laws of the Northern Territory are amended as provided for in Schedule 1.

Schedule 1 makes minor consequential amendments to the Absconding Debtors Act, Adoption of Children Act, Adoption of Children Regulations, Adult Guardianship Act, Advance Personal Planning Act, Aged and Infirm Persons’ Property Act, Agents Licensing Regulations, Agricultural and Veterinary Chemicals (Control of Use) Act, Australasia Railway (Third Party Access) Act, Australian Crime Commission (Northern Territory) Act, Biological Control Act, Borroloola Community Government Council (Control of Dogs) By-Laws, Building Act, Building (Resolution of Residential Building Work Disputes) Regulations, Business Tenancies (Fair Dealings) Act, Cemeteries Act, Children’s Commissioner Act, Classification of Publications, Films and Computer Games Act, Commercial and Private Agents Licensing Act, Commercial and Private Agents Licensing Regulations, Compensation (Fatal Injuries) Act, Constitutional Convention (Election) Act, Consumer Affairs and Fair Trading Act, Consumer Affairs and Fair Trading (Pawnbrokers and Second-Hand Dealers) Regulations, Coomalie (Dog Management) By-Laws, Coomalie Community Government By-Laws, Co-operatives (National Uniform Legislation) Act, Corporations Reform (Northern Territory) Act, Correctional Services Act, Court Security Act, Courts and Administrative Tribunals (Immunities) Act, Criminal Investigation (Extra-Territorial Offences) Regulations, Criminal Property Forfeiture Act, Criminal Property Forfeiture Regulations, Criminal Records (Spent Convictions) Act, Darwin Waterfront Corporation By-Laws, Director of Public Prosecutions Act, Education and Care Services (National Uniform Legislation) Act, Electoral Act, Electricity Networks (Third Party Access) Act, Electricity Reform Act, Electricity Reform (Safety and Technical) Regulations, Encroachment of Buildings Act, Environment Protection (Beverage Containers and Plastic Bags) Act, Essential Goods and Services Act, Evidence (National Uniform Legislation) Regulations, Firearms Act, Firearms Regulations, Fisheries Act, Food Act, Gaming Machine Act, Geothermal Energy Act, , Health and Community Services Complaints Act, Health and Community Service Complaints Regulations, Health Practitioner Regulation (National Uniform Legislation) Act, Health Practitioners Act, Heritage Act, Housing Act, Information Act, Inquiries Act, Jabiru Town Development (Control of Dogs) By-Laws, Juries Act, Justices of the Peace Act, Katherine Town Council By-Laws, Kava Management Act, Land Title Act, Lands Acquisition Act, Law Reform (Miscellaneous Provisions) Act, Legal Aid Act, Legal Profession Act, Legal Profession Admission Rules, Liquor Act, Livestock Act, Local Court Act (Act No. 31 of 1989 as amended), Local Government Act, Marine Pollution Act, Mataranka Community Government Council (Control of Dogs) By-Laws, Medicines, Poisons and Therapeutic Goods Act, Mental Health and Related Services Act, Merlin Project Agreement Ratifications Act, Motor Accidents (Compensation) Act, Motor Vehicles Act, Nhulunbuy (Animal Control) By-Laws, Northern Territory Civil and Administrative Tribunal Act, Northern Territory Rates Act, Notifiable Diseases Act, Ombudsman Act, Parole Act, Parole Orders (Transfer) Act, Pastoral Land Act, Personal Injuries (Civil Claims) Act, Petroleum Act, Petroleum (Submerged Lands) Act, Pine Creek (Control of Dogs) By-Laws, Planning Act, Plant Health Act, Police (Special Investigative and Other Powers) Act, Poppy Regulation Act, Powers of Attorney Act, Price Exploitation Prevention Act, Prostitution Regulation Act, Public and Environmental Health Act, Public Employment (Mobility) Act, Public Information Act, Public Interest Disclosure Act, Racing and Betting Act, Radiation Protection Act, Rail Safety (National Uniform Legislation) Act, Retirement Villages Act, Retirement Villages Regulations, Return to Work Act, Rules of Professional Conduct and Practice, Serious Sex Offenders Act, Sexual Offences (Evidence and Procedure) Act, Sheriff Act, Soil Conservation and Land Utilisation Act, Summary Offences Act, Supreme Court (Judges Long Leave Payments) Act, Supreme Court (Judges Pensions) Act, Surveillance Devices Act, Swimming Pool Safety Act, Taxation Administration Act, Teacher Registration (Northern Territory) Act, Tennant Creek (Control of Dogs) By-Laws, Tennant Creek (Control of Public Places) By-Laws, Terrorism (Emergency Powers) Act, Timber Creek Community Government Council By-Laws, Tobacco Control Regulations, Totalisator Licensing and Regulation Act, Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act, Trespass Act, Trustee Act, Unauthorized Documents Act, Uncollected Goods Act, Unit Titles Regulations, Unlawful Betting Act, Utilities Commission Act, Veterinarians Act, Veterinarians Regulations, Victims of Crime Assistance Act, Volatile Substance Abuse Prevention Act, Volatile Substance Abuse Prevention Regulations, Warehousemen’s Liens Act, Waste Management and Pollution Control Act, Water Supply and Sewerage Services Act, Weapons Control Act, Witness Protection (Northern Territory) Act and Work Health and Safety (National Uniform Legislation) Act.

The amendments ensure uniformity of terminology with the Local Court (Repeals and Related Amendments) Act 2016 and make minor drafting amendments as required.

Northern Territory Explanatory Statements

LOCAL COURT (RELATED AMENDMENTS) BILL 2016