STATUTES AMENDMENT (COURTS EFFICIENCY REFORMS) BILL 2011

(a) do not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and

(b) apply in respect of proceedings commenced on or after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).

Part 3—Amendment of Controlled Substances Act 1984

6—Amendment of section 32—Trafficking

Section 32(4)—delete "2" and substitute:

7—Amendment of section 33B—Cultivation of controlled plants for sale

Section 33B(4)—delete "2" and substitute:

8—Amendment of section 33C—Sale of controlled plants

Section 33C(4)—delete "2" and substitute:

9—Transitional provision

The amendments made to the Controlled Substances Act 1984 by this Part apply in relation to the sentencing of a person following the commencement of this Part whether the relevant offence occurred before or after that commencement.

Part 4—Amendment of Criminal Law Consolidation Act 1935

10—Insertion of section 285AB

After section 285A insert:

285AB—Determinations of court binding on trial judge

A determination or order made by a judge of the court in proceedings dealing with charges laid in an information is binding on a judge of the court presiding at the trial of the defendant, whether the trial is the first or a new trial following a stay of the proceedings, discontinuance of an earlier trial or an appeal, unless the trial judge considers that it would not be in the interests of justice for the determination or order to be binding or the determination or order is inconsistent with an order made on such an appeal.

11—Amendment of section 361—Right of appellant to be present

(1) Section 361—after subsection (1) insert:

(1a) If an appellant who is in custody is entitled to be present at the hearing of an appeal or an application for permission to appeal or a proceeding preliminary or incidental to an appeal, the entitlement of the appellant to be present at the proceedings will be taken to have been satisfied while there is in operation an audio visual link between the Court and the appellant.

(2) Section 361—after subsection (2) insert:

(3) In this section—

audio visual link means a system of 2-way communication linking different places so that a person speaking at any 1 of the places can be seen and heard at the other.

12—Transitional provision

The amendments made to the Criminal Law Consolidation Act 1935 by this Part are to be considered procedural rather than substantive.

Part 5—Amendment of Criminal Law (Sentencing) Act 1988

13—Amendment of section 9A—Rectification of sentencing errors

(1) Section 9A(1)—delete subsection (1) and substitute:

(1) A court that imposes, or purports to impose, a sentence on a defendant, or a court of co-ordinate jurisdiction, may, on its own initiative or on application by the Director of Public Prosecutions or the defendant, make such orders as the court is satisfied are required to rectify an error of a technical nature made by the sentencing court in imposing, or purporting to impose, the sentence, or to supply a deficiency or remove an ambiguity in the sentencing order.

(2) Section 9A(2)—delete "an application" and substitute:

proceedings

14—Amendment of section 19—Limitations on sentencing powers of Magistrates Court

(1) Section 19(3)—delete paragraph (a) and substitute:

(a) a sentence of imprisonment that exceeds—

(i) if the penalty is for 1 offence—5 years; and

(ii) if the penalty is for more than 1 offence—10 years; or

(2) Section 19(4)—delete "a minor indictable" and substitute:

an indictable

(3) Section 19(5)—delete "the District Court" and substitute:

a superior court

15—Amendment of section 50A—Variation of community service order

(1) Section 50A—before subsection (1) insert:

(a1) If, on the application of a person required to perform community service pursuant to a bond or an order of a court, the Minister for Correctional Services is satisfied—

(a) that the person will not complete the community service in the time provided for in the order or the bond; and

(b) that sufficient reason exists for the person not being able to complete the community service in the required time,

the Minister may, by instrument in writing, extend the period within which the person must complete the performance of the community service.

(2) Section 50A(1)—delete "sentenced a person to" and substitute:

ordered a person to perform

(3) Section 50A(2)—delete subsection (2) and substitute:

(2) The period within which community service must be performed cannot be extended under this section, whether by the Minister or the court, by a period exceeding 6 months, or periods that, in aggregate, exceed 6 months.

(3) If the Minister extends the period within which a person must complete the performance of community service under an order or bond, the order or bond will be taken to have been amended accordingly.

(4) The Minister must notify the probative or sentencing court of any exercise of powers under subsection (a1).

16—Amendment of section 70L—Community service orders

(1) Section 70L—after subsection (5) insert:

(5a) If, on the application of a person required to perform community service pursuant to an order under this section, an authorised officer is satisfied—

(a) that the person will not complete the community service in the time provided for in the order; and

(b) that sufficient reason exists for the person not being able to complete the community service in the required time,

the officer may, by instrument in writing, extend the period within which the person must complete the performance of the community service (even if the period, as so extended, exceeds 3 years).

(5b) The period within which community service must be performed cannot be extended under subsection (5a) by a period exceeding 6 months, or periods that, in aggregate, exceed 6 months.

(5c) If an authorised officer extends the period within which a person must complete the performance of community service under an order, the order will be taken to have been amended accordingly.

(2) Section 70L—after subsection (6) insert:

(6a) If an authorised officer makes a community service order in respect of a debtor, the officer must notify the probative or sentencing court of the order and of the exercise of any other powers under this section.

17—Transitional provisions

(1) The amendments made to sections 9A, 50A and 70L of the Criminal Law (Sentencing) Act 1988 by sections 13, 15 and 16 are to be considered procedural rather than substantive.

(2) The amendments made to section 19 of the Criminal Law (Sentencing) Act 1988 by section 14 apply in relation to the sentencing of a person by the Magistrates Court following the commencement of this Part whether the relevant offence occurred before or after that commencement.

Part 6—Amendment of Domestic Partners Property Act 1996

18—Amendment of section 3—Interpretation

Section 3(1), definition of court, (c)—delete "$80 000" and substitute:

$100 000

19—Transitional provision

The amendment made to the Domestic Partners Property Act 1996 by this Part—

(a) does not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and

(b) applies in respect of proceedings commenced on or after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).

Part 7—Amendment of Magistrates Court Act 1991

20—Amendment of section 3—Interpretation

(1) Section 3(1), definition of minor statutory proceeding, (ba)—delete "$12 000" and substitute:

$24 000

(2) Section 3(1), definition of small claim—delete "$6 000" and substitute:

$12 000

(3) Section 3(4)(a) and (b)—delete "$6 000" wherever occurring and substitute in each case:

$12 000

21—Amendment of section 8—Civil jurisdiction

(1) Section 8(1)(a)—delete paragraph (a) and substitute:

(a) to hear and determine an action (at law or in equity) for a sum of money where the amount claimed does not exceed $100 000;

(2) Section 8(1)(b) and (c)—delete "$80 000" wherever occurring and substitute in each case:

$100 000

22—Amendment of section 9—Criminal jurisdiction

Section 9—after paragraph (a) insert:

(ab) to determine and impose sentence on a defendant who admits a charge of a major indictable offence (other than treason, murder, or an attempt or conspiracy to commit, or assault with intent to commit, either of those offences);

23—Amendment of section 42—Appeals

Section 42(2)—after paragraph (a) insert:

(ab) in the case of a sentence passed on the conviction of a person of a major indictable offence—to the Full Court of the Supreme Court with the permission of the Full Court; or

24—Transitional provision

(1) The amendments made to sections 3 and 8 of the Magistrates Court Act 1991 by sections 20 and 21—

(a) do not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and

(b) apply in respect of proceedings commenced on or after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).

(2) The amendments made to sections 9 and 42 of the Magistrates Court Act 1991 by sections 22 and 23 apply in relation to the sentencing of a person by the Magistrates Court following the commencement of this Part whether the relevant offence occurred before or after that commencement.

Part 8—Amendment of Mining Act 1971

25—Amendment of section 67—Jurisdiction relating to tenements and monetary claims

Section 67(1a)—delete "$40 000" and substitute:

$100 000

26—Transitional provision

The amendment made to the Mining Act 1971 by this Part—

(a) does not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and

(b) applies in respect of proceedings commenced after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).

Part 9—Amendment of Opal Mining Act 1995

27—Amendment of section 72—Jurisdiction relating to tenements and monetary claims

Section 72(2a)—delete "$40 000" and substitute:

$100 000

28—Transitional provision

The amendment made to the Opal Mining Act 1995 by this Part—

(a) does not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and

(b) applies in respect of proceedings commenced on or after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).

Part 10—Amendment of Retail and Commercial Leases Act 1995

29—Amendment of section 69—Substantial monetary claims

Section 69(1)—delete "$40 000" and substitute:

$100 000

30—Transitional provision

The amendment made to the Retail and Commercial Leases Act 1995 by this Part—

(a) does not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and

(b) applies in respect of proceedings commenced on or after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).

Part 11—Amendment of Summary Offences Act 1953

31—Amendment of section 24—Urinating etc in a public place

Section 24—after the penalty provision insert:

Expiation fee: $80.

Part 12—Amendment of Summary Procedure Act 1921

32—Amendment of section 76A—Power to set aside conviction or order

Section 76A(1) and (2)—delete subsections (1) and (2) and substitute:

(1) The Court may set aside a conviction or order—

(a) on its own initiative; or

(b) on the application of a party made within 14 days after the party receives notice of the conviction or order.

33—Amendment of section 103—Procedure in Magistrates Court

Section 103—after subsection (3) insert:

(3aa) If a defendant charged with a major indictable offence admits the charge before the charge proceeds to a preliminary examination, the Court may, subject to section 108(1)—

(i) determine and impose sentence on the defendant (in the same way as for a charge of a summary offence); or

(ii) commit the defendant to a superior Court for sentence.

34—Amendment of section 105—Procedure at preliminary examination

(1) Section 105(1)(a)—delete "will commit the defendant to a superior Court for sentence;" and substitute:

may, subject to section 108(1)—

(i) determine and impose sentence on the defendant (in the same way as for a charge of a summary offence); or

(ii) commit the defendant to a superior Court for sentence;

(2) Section 105(2)(c)(i)—delete "the defendant will be committed to a superior Court for sentence;" and substitute:

the Court may, subject to section 108(1)—

(A) determine and impose sentence on the defendant (in the same way as for a charge of a summary offence); or

(B) commit the defendant to a superior Court for sentence;

(3) Section 105(4a)—delete "However, in" and substitute:

35—Amendment of section 108—Forum for sentence

Section 108—before its present contents (now to be designated as subsection (2)) insert:

(1) If—

(a) a defendant admits a charge of a major indictable offence (other than treason, murder, or an attempt or conspiracy to commit, or assault with intent to commit, either of those offences); and

(b) the Director of Public Prosecutions for the State or the Commonwealth and the defendant consent to the defendant being sentenced by the Court,

the Court is to determine and impose sentence itself unless the Court is of the opinion that the interests of justice require committal to a superior Court.

36—Amendment of heading to Part 5 Division 5

Heading to Part 5 Division 5—delete "minor"

37—Amendment of section 114—Procedural provisions of Criminal Law Consolidation Act

Section 114—delete "a minor indictable" and substitute:

an indictable

38—Transitional provisions

(1) The amendment made to section 76A of the Summary Procedure Act 1921 by section 32 applies in respect of convictions and orders made before or after the commencement of the amendment.

(2) The amendments made to sections 103, 105 and 108 of the Summary Procedure Act 1921 by sections 33, 34 and 35 apply in respect of the procedure to be followed if a defendant admits a charge of a major indictable offence following the commencement of this Part whether the relevant offence occurred before or after that commencement.

Part 13—Amendment of Unclaimed Goods Act 1987

39—Amendment of section 3—Interpretation

Section 3(1), definition of Court—delete "$80 000" wherever occurring and substitute in each case:

$100 000

40—Transitional provision

The amendment made to the Unclaimed Goods Act 1987 by this Part—

(a) does not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and

(b) applies in respect of proceedings commenced on or after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).

Part 14—Amendment of Youth Court Act 1993

41—Amendment of section 14—Constitution of Court

(1) Section 14(2)—delete "The" and substitute:

Subject to subsection (2a), the

(2) Section 14—after subsection (2) insert:

(2a) The Court, when sitting to determine and impose sentence on a defendant who admits a charge of a major indictable offence (other than treason, murder, or an attempt or conspiracy to commit, or assault with intent to commit, either of those offences), may be constituted of a Magistrate.

42—Amendment of section 22—Appeals

Section 22(2)—after paragraph (b) insert:

(ba) in the case of a sentence passed by a Magistrate on the conviction of a person of a major indictable offence—to the Full Court of the Supreme Court;

43—Transitional provisions

The amendments made to the Youth Court Act 1993 by this Part apply in respect of the sentencing of a person by the Youth Court following the commencement of this Part whether the relevant offence occurred before or after that commencement.

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