Part 1—Interpretation
In this Schedule, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment of Acts Interpretation Act 1915
2—Amendment of section 4—Interpretation
Section 4(1)—after the definition of sitting days insert:
special justice means a justice who has been appointed as a special justice;
3—Amendment of section 44—Interpretation of references to summary
proceedings
(1) Section
44(1)—delete " Justices Act 1921 as simple offences" and substitute:
Summary Procedure Act 1921 as summary offences
(2) Section
44(2)—delete " Justices Act 1921 " and substitute:
Summary Procedure Act 1921
Part 3—Amendment of Administration and Probate Act 1919
4—Repeal of sections 125 and 126
Sections 125 and 126—delete the sections
Part 4—Amendment of Adoption Act 1988
5—Amendment of section 4—Interpretation
(1) Section 4(1),
definition of the Court —delete "constituted of a Judge or a magistrate
and two justices (at least one of the three being a woman and at least one a
man)"
(2)
Section 4—after subsection (1) insert:
(1a) For the purposes
of this Act, the Court must be constituted of a Judge, or a magistrate and
special justice.
(1b) If the Court is
constituted of a magistrate and special justice—
(a)
questions of law or procedure will be determined by the magistrate; and
(b)
other questions will be decided by agreement unless no agreement can be
reached, in which case, the decision of the magistrate will be the decision of
the Court.
An amendment made by Schedule 2 of the Justices of the Peace Act 2005 to the
Adoption Act 1988 does not apply in respect of proceedings commenced
before the commencement of the amending provision (and those proceedings may
continue as if the amending provision had not been enacted).
Part 5—Amendment of Bail Act 1985
7—Amendment of section 5—Bail authorities
Section 5(1)(d)—delete "any magistrate" and substitute:
the Magistrates Court
Part 6—Amendment of Correctional Services Act 1982
8—Amendment of section 17—Establishment of Visiting Tribunals
Section 17(2)—delete paragraphs (b) and (c) and substitute:
(b) a
special justice,
9—Amendment of section 20—Correctional institutions must be
inspected on regular basis
Section 20(3)—delete "or is a member of such a Tribunal"
10—Amendment of section 28—Removal of prisoner for criminal
investigation, attendance in court etc
(1) Section
28(1)—delete "a justice or"
(2) Section
28(2)—delete "justice," wherever occurring
11—Amendment of section 41—Powers of Visiting Tribunal
(1) Section
41(1)(a)—delete "person, or one of the persons, constituting the
Tribunal" and substitute:
Visiting Tribunal
(2) Section
41(1)(b)—delete "person, or one of the persons, constituting the
Tribunal" and substitute:
Visiting Tribunal
(3) Section
41(1)(d)—delete "the person, or one of the persons, constituting"
(4) Section
41(1)(e)—delete ", or one of the persons constituting the Visiting
Tribunal,"
(5) Section
41(2)(b)—delete "or any person who constitutes a Visiting Tribunal,"
12—Amendment of section 42—Immunity from liability of persons who
constitute Visiting Tribunals
(1) Section
42—delete ", or is a member of,"
(2) Section
42—delete "by the person, or by the Visiting Tribunal," and substitute:
by the Visiting Tribunal
13—Amendment of section 47—Appeals against orders of Visiting
Tribunals
Section 47(1a)(b)—delete "justice, or justices, of the peace" and
substitute:
special justice
14—Amendment of section 89—Regulations
Section 89(2)(f)—delete ", or of persons constituting Visiting
Tribunals"
An amendment made by Schedule 2 of the Justices of the Peace Act 2005 to the
Correctional Services Act 1982 does not apply in respect of proceedings
commenced before the commencement of the amending provision (and those
proceedings may continue as if the amending provision had not been enacted).
Part 7—Amendment of Criminal Law Consolidation Act 1935
16—Amendment of section 299A—Orders as to firearms and offensive
weapons
Section 299A(6), definition of court —delete "or special magistrate or
justices" and substitute:
magistrate or special justice
Part 8—Amendment of Debtors Act 1936
17—Amendment of section 3—Abolition of imprisonment for debt
Section 3(1)(b)—delete "before a justice or justices or a special
magistrate of the State"
Part 9—Amendment of Drugs Act 1908
18—Amendment of section 5—Interpretation
(1) Section 5,
definition of court —delete the definition
(2) Section 5,
definition of justice —delete the definition
19—Amendment of section 35—Diseased or unsound drugs may be seized
or destroyed
Section 35II—delete "a special magistrate or two justices" and
substitute:
the court
20—Amendment of section 36—Search warrant
Section 36—delete "special magistrate or two justices" and substitute:
court
21—Amendment of section 50—Proceedings
Section 50—delete "before a special magistrate or any two justices of
the peace"
Part 10—Amendment of Family and Community Services Act 1972
22—Amendment of section 168—Bond or security for compliance with
maintenance order
(1) Section
168(2)—delete "a justice"
(2) Section
168(2)—delete "the justice" and substitute:
the court
23—Amendment of section 169—Power to commit for failure to pay
maintenance
Section 169(3)—delete "or a justice"
24—Amendment of section 174—Warrant for arrest of deserter
Section 174(4)—delete "A justice" and substitute:
The court
25—Amendment of section 237—Exclusion of persons from the hearing
of certain cases
Section 237(2)(a)—delete ", or justices," and substitute:
or justice
Part 11—Amendment of Impounding Act 1920
26—Amendment of section 30—Delivery of cattle on recognizance
without payment of damages
Section 30(1)—delete "any justice in the form and with the conditions
set forth in Schedule 9, such justice" and substitute:
a court, the court
Section 47—delete the section
Schedule 9—delete the Schedule
Part 12—Amendment of Landlord and Tenant Act 1936
29—Amendment of section 24—Jurisdiction of Magistrates Court to
hear adverse claims
Section 24(2)—delete subsection (2) and substitute:
(2) The Magistrates
Court has jurisdiction to hear a claim under subsection (1) and may make such
orders, including an order as to costs, as the Court thinks fit.
30—Amendment of section 25—Decision of Magistrates Court
Section 25—delete "justices before whom the complaint is heard shall
find accordingly, and their decision shall be deemed" and substitute:
Magistrates Court must decide accordingly and the decision will be taken
31—Amendment of section 26—Power of landlord to hold goods
Section 26—delete "justices adjudicating upon such claim shall think
fit, shall, if the justices so order" and substitute:
Magistrates Court thinks fit, will, if the Court so orders
An amendment made by Schedule 2 of the Justices of the Peace Act 2005 to the
Landlord and Tenant Act 1936 does not apply in respect of proceedings
commenced before the commencement of the amending provision (and those
proceedings may continue as if the amending provision had not been enacted).
Part 13—Amendment of Local Government Act 1999
33—Amendment of section 58—Specific roles of principal member
Section 58(3)—delete subsection (3)
Part 14—Amendment of Lottery and Gaming Act 1936
34—Amendment of section 4—Interpretation
Section 4, definition of court —delete the definition
35—Amendment of section 95—Giving false name and address
(1) Section
95—delete "any justices" and substitute:
a court
(2) Section
95—delete "or person or by such justices" and substitute:
, person or court
36—Amendment of section 105—Reasonable suspicion sufficient to set
up a prima facie case
Section 105(1)—delete "special magistrate or justices" and substitute:
court
37—Amendment of section 115—Entry of shops, factories and club
premises
(1) Section
115(1)—delete "justice or any"
(2) Section
115(2)(a)—delete "justice, officer," and substitute:
officer
Schedule 4—delete the Schedule
Part 15—Amendment of Magistrates Court Act 1991
39—Amendment of section 3—Interpretation
Section 3(1), definition of judicial office —delete ", Special Justice
or Justice" and substitute:
or special justice
40—Amendment of section 7—Divisions of Court
Section 7(1)—after paragraph (d) insert:
(e) the
Petty Sessions Division.
41—Amendment of section 7A—Constitution of Court
(1) Section
7A(2)—delete "two Justices or a Special Justice" and substitute:
a special justice but when so constituted, the Court may not impose a sentence
of imprisonment in criminal proceedings
(2) Section
7A—after subsection (2) insert:
(2a) If there is no
Magistrate or special justice available to constitute the Court as a bail
authority, the Court may be constituted of 2 justices for the purposes of an
application under the Bail Act 1985 .
After section 9 insert:
9A—Petty Sessions Division
The Court in its Petty Sessions Division has jurisdiction—
(a) to
reconsider matters remitted to the Court under section 70I of the Criminal Law
(Sentencing) Act 1988 and make appropriate orders under that section; and
(b) to
hear and determine a charge of an offence against the Road Traffic
Act 1961 for which no penalty of imprisonment is fixed.
An amendment made by Schedule 2 of the Justices of the Peace Act 2005 to the
Magistrates Court Act 1991 does not apply in respect of proceedings
commenced before the commencement of the amending provision (and those
proceedings may continue as if the amending provision had not been enacted).
Part 16—Amendment of Real Property Act 1886
44—Repeal of sections 235 and 236
Sections 235 and 236—delete the sections
Part 17—Amendment of Renmark Irrigation Trust Act 1936
Section 210—delete the section
Part 18—Amendment of Youth Court Act 1993
46—Amendment of section 3—Interpretation
Section 3, definition of judicial office —delete ", special justice or
justice" and substitute:
or special justice
47—Amendment of section 9—The Court's judiciary
(1)
Section 9(1)(d)—delete "justices and"
(2)
Section 9(5)—delete "justices and" wherever occurring
48—Amendment of section 14—Constitution of Court
(1)
Section 14(4)—delete "two justices or"
(2)
Section 14(5)—delete ", two justices"
(3)
Section 14(7)—delete "Justice" and substitute:
special justice
49—Amendment of section 22—Appeals
(1) Section
22(2)(a)—delete ", two justices"
(2) Section
22(2)(c)—delete ", two justices"
An amendment made by Schedule 2 of the Justices of the Peace Act 2005 to the
Youth Court Act 1993 does not apply in respect of proceedings commenced
before the commencement of the amending provision (and those proceedings may
continue as if the amending provision had not been enacted).