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This is a Bill, not an Act. For current law, see the Acts databases.


COURTS LEGISLATION AMENDMENT BILL 2023

2023

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Courts Legislation Amendment Bill 2023



Contents

Page



























Part 1.1Commissioner for Sustainability and the Environment Act 199311

Part 1.2Confiscation of Criminal Assets Act 200312

Part 1.3Crimes Act 190012

Part 1.4Crimes (Surveillance Devices) Act 201012

Part 1.5Criminal Code 200213

Part 1.6Drugs of Dependence Act 198913

Part 1.7Integrity Commission Act 201814

Part 1.8Judicial Commissions Act 199414

Part 1.9Juries Regulation 201815

Part 1.10Legislation Act 200115

Part 1.11Ombudsman Act 198915

Part 1.12Public Sector Management Act 199416

Part 1.13Remuneration Tribunal Act 199516

Part 1.14Road Transport (Driver Licensing) Regulation 200017

Part 1.15Victims of Crime Act 199417

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:

Part 1 Preliminary

1 Name of Act

This Act is the Courts Legislation Amendment Act 2023

.

2 Commencement

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act

, s 75 (1)).

3 Legislation amended

This Act amends the following legislation:

Court Procedures Act 2004

Magistrates Court Act 1930

Supreme Court Act 1933

.

Note This Act also amends other legislation (see sch 1).

4 Legislation repealed

All statutory instruments made under the Supreme Court Act 1933

, part 3 are repealed, including the following instruments:

Supreme Court (Master Appointment Requirements) Determination 2010

(NI2010-13)

Supreme Court (Master) Conditions of Appointment 2017 (No 1)

(NI2017-242).

Part 2 Court Procedures Act 2004

5 Sections 7 (2) and 8 (3)

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;

8 Section 11 (2), new note

insert

Note For laws about appointments, see the Legislation Act

, pt 19.3.

9 Section 11 (6) to (8)

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;

14 Dictionary, note 2

omit

• associate judge

substitute

• judge

• magistrate

Part 3 Magistrates Court Act 1930

15 Sections 17A and 17C

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).

16 Sections 17E to 17K

omit

Part 4 Supreme Court Act 1933

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

21 Section 14

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,

23 The master

Part 3

omit

24 Power to complete part-heard proceedings

Section 60A

omit

or associate judge

25 New part 13

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

27 Schedule 1, part 1.1

omit

[*Chief Justice/*judge/*master]

substitute

[*Chief Justice/*judge]

28 Schedule 1, part 1.2 heading

substitute

Part 1.2 Chief justice and judges

29 Schedule 1, part 1.2

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

[1.1] Section 12 (2) (a)

omit

of the Supreme Court

[1.2] New section 12 (3)

insert

(3) In this section:

associate judge means the Master of the Supreme Court under the Supreme Court Act 1933

, 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 Supreme Court Act 1933

, pt 3, which provided for the Master of the Supreme Court (known as the Associate Judge).

[1.3] Dictionary, note 2

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,

Part 1.3 Crimes Act 1900

[1.5] Section 185, definition of issuing officer, paragraph (a)

omit

the associate judge,

Part 1.4 Crimes (Surveillance Devices) Act 2010

[1.6] Section 10 (1), note

omit

[1.7] Dictionary, definition of judge

omit

Part 1.5 Criminal Code 2002

[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 Supreme Court Act 1933

, 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 Supreme Court Act 1933

, 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

[1.11] New section 13 (2)

insert

(2) In this section:

associate judge means the Master of the Supreme Court under the Supreme Court Act 1933

, 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 Supreme Court Act 1933

, 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

Part 1.11 Ombudsman Act 1989

[1.17] Section 5 (2) (b) (i)

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 Supreme Court Act 1933

, 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 Supreme Court Act 1933

, pt 3, which provided for the Master of the Supreme Court (known as the Associate Judge).

[1.19] Dictionary, note 2

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

[1.22] Schedule 1, part 1.1

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,

[1.24] Dictionary, note 2

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;

[1.26] Dictionary, note 2

omit

• associate judge

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 27 June 2023.

2 Notification

Notified under the Legislation Act

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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