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This is a Bill, not an Act. For current law, see the Acts databases.
2023
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
Part 1.1Commissioner for Sustainability and the Environment Act 199311
2023
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Courts Legislation Amendment Bill 2023
A Bill for
An Act to amend legislation about courts, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Courts Legislation Amendment Act 2023
.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the following legislation:
•
•
•
.
Note This Act also amends other legislation (see sch 1).
All statutory instruments made under the Supreme Court Act 1933
, part 3 are repealed, including the following instruments:
•
(NI2010-13)
•
(NI2017-242).
Part 2 Court Procedures Act 2004
omit
section 9 (2) (d) or (e)
substitute
section 9 (2) (c) or (d)
6 Rule-making
committee
Section 9 (2)
substitute
(2) The rule-making committee consists of the following members:
(a) the Chief Justice;
(b) 2 other resident judges appointed by the Chief Justice;
(c) the Chief Magistrate;
(d) another magistrate appointed by the Chief Magistrate.
Note For laws about appointments, see the Legislation Act
, pt 19.3.
7 Advisory
committee
Section 11 (2) (a) and (b)
substitute
(a) a resident judge appointed by the Chief Justice as the chairperson of the advisory committee;
(b) another resident judge appointed by the Chief Justice;
insert
Note For laws about appointments, see the Legislation Act
, pt 19.3.
substitute
(6) If the chairperson of the advisory committee is not present at a meeting of the committee—
(a) if the resident judge mentioned in subsection (2) (b) is present—that resident judge is to chair the meeting; or
(b) in any other case—the member present chosen by the committee is to chair the meeting.
10 Reviewable
decisions—court
Section 18A (5) (a) (i)
omit
or the associate judge
11 Definitions—pt 5
Section 40,
definition of judge
substitute
judge includes a person prescribed by regulation for this definition.
12 Jurisdiction
Schedule 1,
item 1 (3)
omit
the associate judge,
13 Costs
Schedule 1, new
item 26 (ca)
insert
(ca) costs against non-parties to proceedings;
omit
• associate judge
substitute
• judge
• magistrate
Part 3 Magistrates Court Act 1930
substitute
17A Protection and immunity of magistrates
(1) A magistrate, when exercising the functions of a magistrate, has the same protection and immunity as a judge when exercising the functions of a judge.
(2) Without limiting subsection (1), a magistrate, when exercising an administrative function of the magistrate under a law in force in the Territory, has the same protection and immunity as a magistrate in a judicial proceeding.
Note If a function of a magistrate is exercisable by a registrar, magistrate includes a registrar exercising the function (see dict).
omit
17 Acting
judges
Section 4B (2)
omit
12 months
substitute
2 years
18 Seniority of
judges
Section 5 (4)
omit
19 Exercise of
jurisdiction
Section 8 (1) (a)
omit
20 Exercise of jurisdiction by
associate judge
Section 9
omit
substitute
14 Full Court decisions—equal division of opinion
If the Full Court is divided in opinion as to the decision to be given on any question, the question is to be decided according to—
(a) if there is a majority—the opinion of the majority; or
(b) if the judges are equally divided in opinion—the opinion of the most senior judge sitting.
22 Appellate
jurisdiction
Section 37E (4)
omit
, or the associate judge,
omit
24 Power to complete part-heard
proceedings
Section 60A
omit
or associate judge
insert
Part 13 Transitional—Courts Legislation Amendment Act 2023
119 Meaning of associate judge—pt 13
In this part:
associate judge means the Master of the court under this Act, as in force at any time before the day the Courts Legislation Amendment Act 2023, section 23 commences.
Note The Courts Legislation Amendment Act 2023, s 23 omitted this Act, pt 3, which provided for the Master of the court (known as the Associate Judge).
120 Equally divided opinion relating to order of associate judge
Despite section 14 (b), if an order of the associate judge is called into question and the Full Court is equally divided in opinion as to the decision to be given, the order is confirmed.
121 Appeals against interlocutory orders of associate judge
For section 37E (2), an appeal may be brought against an interlocutory order of the court that was constituted solely by the associate judge only with leave of the Court of Appeal.
122 Power to complete part-heard proceedings of associate judge
For section 60A, a judge includes the associate judge.
123 Expiry—pt 13
This part expires 4 years after the day it commences.
Note A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act
, s 88).
26 Schedule 1, part 1.1 heading
substitute
Part 1.1 Chief justice and judges
omit
[*Chief Justice/*judge/*master]
substitute
[*Chief Justice/*judge]
28 Schedule 1, part 1.2 heading
substitute
Part 1.2 Chief justice and judges
omit
[*Chief Justice/*judge/*master]
substitute
[*Chief Justice/*judge]
30 Dictionary, definitions of associate judge and master
omit
Schedule 1 Consequential amendments
(see s 3)
Part 1.1 Commissioner for Sustainability and the Environment Act 1993
omit
of the Supreme Court
insert
(3) In this section:
associate judge means the Master of the Supreme Court under the
, as in force at any time before the day the Courts Legislation Amendment Act 2023, section 23 commences.
Note The Courts Legislation Amendment Act 2023, s 23
omitted the
, pt 3, which provided for the Master of the Supreme Court (known as the Associate Judge).
insert
• coroner
• judge
• magistrate
• ombudsman
Part 1.2 Confiscation of Criminal Assets Act 2003
[1.4] Section 195, definition of issuing officer, paragraph (a)
omit
the associate judge,
[1.5] Section 185, definition of issuing officer, paragraph (a)
omit
the associate judge,
Part 1.4 Crimes (Surveillance Devices) Act 2010
omit
[1.7] Dictionary, definition of judge
omit
[1.8] Section 300, definition of territory public official, paragraph (e)
omit
[1.9] New section 359 (4) and (5)
insert
(4) For subsection (2), a public official includes the associate judge.
(5) In this section:
associate judge means the Master of the Supreme Court under the
, as in force at any time before the day the Courts Legislation Amendment Act 2023, section 23 commences.
Note The Courts Legislation Amendment Act 2023, s 23
omitted the
, pt 3, which provided for the Master of the Supreme Court (known as the Associate Judge).
Part 1.6 Drugs of Dependence Act 1989
[1.10] Section 187 (1), definition of issuing officer, paragraph (a)
omit
the associate judge,
Part 1.7 Integrity Commission Act 2018
insert
(2) In this section:
associate judge means the Master of the Supreme Court under the
, as in force at any time before the day the Courts Legislation Amendment Act 2023, section 23 commences.
Note The Courts Legislation Amendment Act 2023, s 23
omitted the
, pt 3, which provided for the Master of the Supreme Court (known as the Associate Judge).
[1.12] Section 102 (2), new definition of associate judge
insert
associate judge—see section 13 (2).
Part 1.8 Judicial Commissions Act 1994
[1.13] Dictionary, definition of head of jurisdiction, paragraph (a)
omit
or the associate judge
[1.14] Dictionary, definition of judicial officer, paragraph (b)
omit
Part 1.9 Juries Regulation 2018
[1.15] Schedule 1, table 1.3, item 10
substitute
10
|
a judge
|
2 years after the appointment as judge ends
|
Part 1.10 Legislation Act 2001
[1.16] Dictionary, part 1, definition of associate judge
omit
omit
of the Supreme Court
[1.18] Section 5 (8), new definition of associate judge
insert
associate judge means the Master of the Supreme Court under the
, as in force at any time before the day the Courts Legislation Amendment Act 2023, section 23 commences.
Note The Courts Legislation Amendment Act 2023, s 23
omitted the
, pt 3, which provided for the Master of the Supreme Court (known as the Associate Judge).
insert
• coroner
• judge
• magistrate
Part 1.12 Public Sector Management Act 1994
[1.20] Section 150 (1), definition of public sector member, paragraph (b) (i)
substitute
(i) the Chief Justice or a judge;
[1.21] Section 150 (1), definition of public sector member, paragraph (b), note 1
omit
associate judge,
Part 1.13 Remuneration Tribunal Act 1995
omit
• associate judge of the Supreme Court
Part 1.14 Road Transport (Driver Licensing) Regulation 2000
[1.23] Section 12 (10), definition of judicial officer
omit
the associate judge,
omit
• associate judge
Part 1.15 Victims of Crime Act 1994
[1.25] Section 8 (1), definition of justice agency, paragraph (b) (i)
substitute
(i) the Chief Justice or a judge;
omit
• associate judge
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 27 June 2023.
2 Notification
Notified under the
on 2023.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2023
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