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Constitution (Supreme Court) Bill
Circulation Print
EXPLANATORY MEMORANDUM
PART 1--PRELIMINARY
Clause 1 sets out the main purposes of the Act.
Clause 2 provides that the Act (other than section 6) will commence on the
day after the day on which it receives Royal Assent. Section 6 is
deemed to have commenced on 1 January 2000.
PART 2--AMENDMENTS TO THE CONSTITUTION
ACT 1975
Clause 3 inserts a new section 80C in the Constitution Act 1975, which
sets out the circumstances in which a Judge of Appeal may act as
an additional judge of the Trial Division of the Supreme Court.
Sub-section (1) provides that a Judge of Appeal may act as an
additional Judge of the Trial Division for a period not exceeding
6 months, where the Chief Justice, with the concurrence of the
President of the Court of Appeal, determines that the Judge of
Appeal should so act and the Judge of Appeal is willing to do so.
Sub-section (2) provides that a Judge of Appeal may act as an
additional Judge of the Trial Division in a specified proceeding,
where the Chief Justice, with the concurrence of the President of
the Court of Appeal, determines that it is expedient that the Judge
of Appeal should so act and the Judge of Appeal is willing to do
so.
Sub-section (3) enables a Judge of Appeal who has acted as an
additional Judge of the Trial Division under section 80C, to
attend the Trial Division for the purposes of giving judgment in,
or otherwise completing, any proceeding in the Trial Division
heard while the Judge of Appeal was acting as an additional
Judge of the Trial Division. The Judge of Appeal may attend the
Trial Division under section 80C(3), notwithstanding that the
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Judge of Appeal is no longer an additional Judge of the Trial
Division.
Clause 4 removes the reference to the repealed Community Welfare
Services Act 1970 from section 84(4) of the Constitution Act
1975.
PART 3--AMENDMENTS TO THE SUPREME COURT
ACT 1986
Clause 5 inserts a new section 13A in the Supreme Court Act 1986.
Section 13A provides that a Judge of Appeal who acts as an
additional Judge of the Trial Division must not sit on the hearing
of a new trial, if the Judge constituted the Court of Appeal that
ordered the new trial.
Clause 6 amends section 33G of the Supreme Court Act 1986 to replace
a reference to the word "representative" with the word "group".
Section 33G was inserted into the Supreme Court Act 1986 by
the Courts and Tribunals Legislation (Miscellaneous
Amendments) Act 2000 and commenced operation on 1 January
2000.
Section 33G provides that a "representative" proceeding may not
be commenced if the proceeding would be concerned only with
claims in respect of which the Supreme Court has jurisdiction
solely by virtue of the Jurisdiction of Courts (Cross-Vesting)
Act 1987 or a corresponding law of the Commonwealth or
another State or a Territory.
PART 4--AMENDMENTS TO THE MAGISTRATES' COURT
ACT 1989
Clause 7 amends section 140(1) of the Magistrates' Court Act 1989 to
broaden the regulation-making powers in respect of certain
warrants.
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PART 5--AMENDMENTS TO THE MAGISTRATES' COURT
(INFRINGEMENTS) ACT 2000
Clause 8 amends section 2 of the Magistrates' Court (Infringements)
Act 2000 to allow that Act to come into operation on a day or
days to be proclaimed.
Clause 9 amends section 11 of the Magistrates' Court (Infringements)
Act 2000 to clarify the dates on which enforcement orders
expire.
Clause 10 amends section 13 of the Magistrates' Court (Infringements)
Act 2000 to clarify the procedure to be followed after the arrest
of an infringement defaulter.
Clause 11 amends section 14 of the Magistrates' Court (Infringements)
Act 2000 to clarify the dates on which enforcement orders
expire.
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