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TASMANIA
__________
MAGISTRATES COURT AMENDMENT BILL
(No. 2) 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 4 amended (Appointment of magistrates)
5. Section 5 amended (Chief Magistrate)
6. Section 6 amended (Deputy Chief Magistrate)
7. Section 8 amended (Qualification for appointment)
8. Section 9 amended (Tenure of office)
9. Section 10 amended (Terms and conditions of service of
magistrates)
10. Section 11 substituted
11. Where magistrates are to be stationed
11A. Hours of work of certain magistrates
11. Section 13 amended (Jurisdiction and powers of
magistrates)
12. Section 14 amended (Jurisdiction and powers of Chief
Magistrate)
13. Section 15AC amended (Magistrates Rule Committee)
14. Section 16C inserted
16C. Inter-court exchanges
[Bill 60]-III
15. Section 17B amended (Special evidentiary rules)
2
MAGISTRATES COURT AMENDMENT BILL
(No. 2) 2003
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend the Magistrates Court Act 1987
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Magistrates Court
Amendment Act (No. 2) 2003.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Principal Act
3. In this Act, the Magistrates Court Act 1987* is referred
to as the Principal Act.
*No. 45 of 1987
[Bill 60] 3
s. 4 No. Magistrates Court Amendment (No. 2) 2003
Section 4 amended (Appointment of magistrates)
4. Section 4 of the Principal Act is amended as follows:
(a) by inserting the following subsections after
subsection (1):
(1A) Under subsection (1), a person may
be appointed as a -
(a) permanent full-time magistrate; or
(b) permanent part-time magistrate.
(1B) If the nature of a person's
appointment under subsection (1) is not
specified in the instrument of appointment,
the person is taken to have been appointed as
a permanent full-time magistrate.
(1C) A permanent part-time magistrate
holds office for such term, not exceeding 5
years, as is specified in the instrument of
appointment.
(b) by omitting from subsection (5) ", 11,".
Section 5 amended (Chief Magistrate)
5. Section 5(1) of the Principal Act is amended by omitting
"magistrate" and substituting "permanent full-time
magistrate".
Section 6 amended (Deputy Chief Magistrate)
6. Section 6 of the Principal Act is amended as follows:
4
2003 Magistrates Court Amendment (No. 2) No. s. 7
(a) by omitting from subsection (1) "magistrate"
and substituting "permanent full-time
magistrate";
(b) by omitting from subsection (7) "magistrate"
first occurring and substituting "permanent
full-time magistrate".
Section 8 amended (Qualification for appointment)
7. Section 8(3) of the Principal Act is amended by
inserting "permanent part-time magistrate or" after "as a".
Section 9 amended (Tenure of office)
8. Section 9 of the Principal Act is amended as follows:
(a) by omitting subsection (4) and substituting the
following subsection:
(4) Notwithstanding anything in
subsections (1), (2) and (3) -
(a) a permanent full-time magistrate
retires from office when he or she
turns 65 years of age; and
(b) a permanent part-time magistrate
retires from office when his or her
term of office expires.
(b) by omitting subsection (5).
5
s. 9 No. Magistrates Court Amendment (No. 2) 2003
Section 10 amended (Terms and conditions of
service of magistrates)
9. Section 10 of the Principal Act is amended by omitting
subsection (1) and substituting the following subsections:
(1) A permanent full-time magistrate is
entitled to be paid a salary at the rate of -
(a) 75% of the salary payable to a puisne
judge of the Supreme Court of
Tasmania, if the magistrate is the Chief
Magistrate; or
(b) 70% of that salary, if the magistrate is
the Deputy Chief Magistrate; or
(c) 67·5% of that salary, in any other case.
(1A) A permanent part-time magistrate is
entitled to be paid such salary as is specified in his
or her instrument of appointment.
(1B) A magistrate is entitled to be paid such
travelling and other allowances as the Governor may
from time to time determine or, if there is for the
time being no such determination, such travelling
and other allowances as are applicable to a person
who is a Head of a State Service Agency.
Section 11 substituted
10. Section 11 of the Principal Act is repealed and the
following sections are substituted:
Where magistrates are to be stationed
11. (1) A permanent full-time magistrate is to be
stationed in such city or town as the Attorney-
General from time to time determines.
6
2003 Magistrates Court Amendment (No. 2) No. s. 11
(2) A permanent part-time or temporary
magistrate is to work at such locations as the Chief
Magistrate from time to time determines.
Hours of work of certain magistrates
11A. A permanent part-time or temporary
magistrate is to work such hours as the Chief
Magistrate from time to time determines.
Section 13 amended (Jurisdiction and powers of
magistrates)
11. Section 13 of the Principal Act is amended by omitting
subsection (2) and substituting the following subsection:
(2) A magistrate, by virtue of his or her office
and without further commission or authority, is a
justice.
Section 14 amended (Jurisdiction and powers of
Chief Magistrate)
12. Section 14 of the Principal Act is amended by omitting
subsection (2) and substituting the following subsection:
(2) The Chief Magistrate, by virtue of his or
her office and without further commission or
authority, may, in his or her capacity as Chief
Magistrate, exercise and perform, throughout the
State, all the jurisdiction, powers and functions
conferred or imposed on the Chief Magistrate by or
under any law of the State.
7
s. 13 No. Magistrates Court Amendment (No. 2) 2003
Section 15AC amended (Magistrates Rule
Committee)
13. Section 15AC(2) of the Principal Act is amended by
omitting paragraph (c) and substituting the following
paragraph:
(c) the permanent full-time magistrates; and
Section 16C inserted
14. Before section 17 of the Principal Act, the following
section is inserted in Part IV:
Inter-court exchanges
16C. (1) The Chief Magistrate may enter into an
arrangement with the Chief Magistrate of another
State or a Territory that provides for either or both
of the following:
(a) a magistrate of this State to serve for a
period as a magistrate in that other
State or that Territory;
(b) a magistrate of that other State or that
Territory to serve for a period as a
magistrate in this State.
(2) An arrangement under subsection (1) is to
be on such terms, consistent with this Act, as the
Chief Magistrate and the other Chief Magistrate
determine.
(3) Notwithstanding subsection (1), a person is
not eligible to exercise powers or perform functions
as a magistrate in this State pursuant to an
arrangement entered into under that subsection
unless he or she holds an appointment under
section 4(4) as a temporary magistrate.
8
2003 Magistrates Court Amendment (No. 2) No. s. 15
Section 17B amended (Special evidentiary rules)
15. Section 17B of the Principal Act is amended by
omitting "magistrates" and substituting "permanent full-
time magistrates".
Government Printer, Tasmania 9