Western Australia
Courts Legislation Amendment and Repeal Act 2004
Western Australia
Courts Legislation Amendment and Repeal Act 2004
CONTENTS
Part 1 — Preliminary
1. Short title 2
2. Commencement 2
3. Operation of Interpretation Act 1984 2
Part 2 — Local Courts Act 1904 repealed
Division 1 — Repeal
4. Local Courts Act 1904 repealed 3
Division 2 — Transitional provisions
5. Interpretation 3
6. Clerks of Local Courts 3
7. Cases pending 4
8. Existing summonses and warrants 4
9. References to Local Courts Act 1904 to be read as references to Magistrates Court (Civil Proceedings) Act 20044
10. References to ‘Local Court’ to be read as references to the ‘Magistrates Court’ 5
11. Local Court Rules 1961 repealed and transitional provision 5
Part 3 — Small Claims Tribunals Act 1974 repealed
12. Act repealed 6
13. Transitional provisions 6
Part 4 — Stipendiary Magistrates Act 1957 repealed
14. Act repealed 7
15. Transitional provisions 7
Part 5 — Other repeals
16. Debtors Act 1871 repealed 9
17. Foreign Judgments Act 1963 repealed 9
18. Magisterial Districts Act 1886 repealed 9
19. Public Officers Act 1879 repealed 9
20. Imperial Acts repealed 9
Part 6 — Justices Act 1902 amended and transitional provisions
Division 1 — Amendments
21. Act amended by this Division 11
22. Long title replaced 11
An Act relating to the functions of courts of summary jurisdiction and to the procedures to be followed in such courts.11
23. Short title amended 11
24. Section 4 amended 11
25. Part II repealed 13
26. Part III repealed 13
27. Section 42 amended 13
28. Section 50 replaced 14
50. Complaint where summons issued 14
29. Section 51 replaced 14
51. Limitation period for commencing prosecutions14
30. Sections 52 and 53 replaced 15
52. When a summons may be issued 15
31. Section 56 amended 15
32. Section 58 amended 16
33. Section 68 replaced 17
68. Representation in court 17
34. Section 75 amended 18
35. Section 79 amended 19
36. Section 86A replaced by sections 86A and 86B 19
86A. Video or audio link may be used for remands and adjournments when defendant in custody19
86B. Video or audio link generally 20
37. Section 96 amended 21
38. Section 136A amended 21
39. Sections 151, 152 and 153 replaced 23
151. Costs 23
40. Section 160 inserted 25
160. Correcting errors caused by use of false name etc. 25
41. Section 183 amended 25
42. Section 184 amended 26
43. Section 185 replaced 27
185. Who may appeal 27
44. Section 195A inserted 27
195A. Single Judge to hear appeal unless case warrants Full Court 27
45. Section 199 amended 28
46. Section 206 amended 29
47. Section 206A amended 29
48. Section 206E amended 30
49. Part IX replaced 30
Part IX — Miscellaneous
222. Effect of court documents 30
223. Warrants of commitment, time for issuing 31
50. Other amendments 31
51. Various headings deleted or replaced 49
Division 1 — Appeals from courts of summary jurisdiction
Division 2 — Appeals from single Judges’ decisions on appeal
Division 3 — General
Division 2 — Transitional provisions
52. Interpretation 51
53. Justices of the Peace 51
54. Clerks of petty sessions 52
55. Pending proceedings 53
56. Existing summonses and warrants 53
57. References to Justices Act 1902 to be read as references to Criminal Procedure (Summary) Act 190254
58. References to ‘court of petty sessions’ to be read as references to the ‘Magistrates Court’54
Part 7 — Children’s Court of Western Australia Act 1988 amended
59. Act amended by this Part 55
60. Section 3 amended 55
61. Section 4 replaced 55
4. Application of certain Acts 55
62. Section 6A inserted 56
6A. Protection of judicial officers 56
63. Section 10 replaced 56
10. Magistrates, appointment of 56
64. Section 11 repealed 57
65. Section 12 amended 57
66. Section 13 replaced 58
13. Where and when the Court operates 58
67. Section 16 replaced 59
16. Appointment of registrars, etc. 59
68. Section 19 amended 59
69. Section 19B amended 60
70. Section 32 replaced 61
32. Representation in court 61
71. Section 51A inserted 61
51A. Court’s records, access to 61
72. Section 53 replaced 64
53. Fees, regulations may prescribe 64
73. Other amendments 64
Part 8 — Coroners Act 1996 amended
74. Act amended by this Part 69
75. Section 12 replaced and transitional provision 69
12. Coroner’s registrars 69
76. Other amendments 69
Part 9 — The Criminal Code amended
77. The Criminal Code amended by this Part 72
78. Section 607B inserted 72
607B. Summary convictions of indictable charges 72
79. Section 714A inserted 72
714A. Orders as to seized property 72
80. Other amendments 73
Part 10 — District Court of Western Australia Act 1969 amended
81. Act amended by this Part 78
82. Jurisdiction of the Court increased 78
83. Section 74 replaced 79
74. Court may transfer case to Magistrates Court 79
84. Section 89A replaced 80
89A. Fees, regulations may prescribe 80
85. Other amendments 81
Part 11 — Evidence Act 1906 amended
86. Act amended by this Part 83
87. Section 25A inserted 83
25A. Cross‑examination by accused in person 83
88. Section 96 replaced 85
96. Supreme Court Judge’s powers may be exercised by other judicial officers 85
89. Other amendments 85
Part 12 — Family Court Act 1997 amended
90. Act amended by this Part 88
91. Section 5 amended 88
92. Section 26 amended 88
93. Section 43 amended 89
94. Section 43A amended 89
95. Other amendments 90
Part 13 — Fines, Penalties and Infringement Notices Enforcement Act 1994 amended
96. Act amended in this Part 95
97. Section 21 amended 95
98. Section 63 amended 96
99. Section 70 replaced by sections 70 and 70A to 70E 97
70. Determining an offender’s interest in property 97
70A. Personal property to be sold in preference to real property 98
70B. Only sufficient property to be sold 99
70C. Seized property, Sheriff to determine fair value of99
70D. Interests of others 100
70E. Sale to be advertised 100
100. Sections 71, 72 and 73 replaced by section 71 101
71. Warrant of execution, effect of 101
101. Section 74 replaced 102
74. Seizing personal property, powers enabling 102
102. Section 75 replaced 104
75. Property that cannot be seized and sold 104
103. Section 81 replaced 104
81. Custody of seized property 104
104. Section 88 replaced 105
88. Warrant, effect of 105
105. Section 91 replaced by sections 91, 91A and 91B 107
91. Power of entry 107
91A. Offender may be permitted to sell or mortgage real property 108
91B. Place and manner of sale 110
106. Section 98 replaced 111
98. Sheriff exempt from some licensing requirements 111
107. Other amendments 111
Part 14 — Industrial Relations Act 1979 amended
108. Act amended in this Part 115
109. Section 81D amended 115
110. Section 81F inserted 116
81F. Industrial magistrate’s court records, access to records 116
111. Sections 88 and 89 replaced 117
88. Judgments, enforcement of 117
112. Other amendments 118
Part 15 — Mining Act 1978 amended
113. Act amended in this Part 120
114. Section 133 replaced 120
133. Offences to be dealt with by magistrate 120
115. Sections 140 and 141 replaced 120
140. Judgments, enforcement of 120
116. Other amendments 121
Part 16 — Residential Tenancies Act 1987 amended
117. Act amended in this Part 123
118. Section 3 amended 123
119. Sections 12, 12A and 13 replaced 123
12. Interpretation 123
12A. Jurisdiction over prescribed disputes 124
13. Jurisdiction over other disputes 124
13A. Magistrates Court’s jurisdiction 125
120. Various references changed 126
121. Other amendments 127
Part 17 — Restraining Orders Act 1997 amended
122. Act amended by this Part 132
123. References to “clerk” changed 132
124. Other amendments 133
Part 18 — Supreme Court Act 1935 amended
125. Act amended by this Part 138
126. Section 17 inserted 138
17. Court may transfer case to lower court 138
127. Section 171 replaced 139
171. Fees, regulations may prescribe 139
128. Other amendments 140
Part 19 — Workers’ Compensation and Rehabilitation Act 1981 amended
129. Act amended by this Part 143
130. Section 120 inserted 143
120. Compensation magistrate’s court records, access to 143
131. Part IIIA Division 6 replaced 144
Division 6 — Enforcement of compensation magistrate’s court judgments
84ZZ. Judgments, enforcement of 144
132. Section 176 amended 145
133. Other amendments 146
Part 20 — Amendments to Acts about land
Division 1 — Registration of Deeds Act 1856 amended
134. Act amended by this Division 148
135. Section 1 replaced 148
1. Application of Act 148
136. Other amendments 148
Division 2 — Transfer of Land Act 1893 amended
137. Act amended by this Division 149
138. Section 133 replaced 149
133. Property (seizure and sale) order, registration of etc. 149
139. Section 138 amended 154
140. Other amendments 155
Part 21 — Amendments to other Acts
141. Various Acts amended 158
142. Other amendments to various Acts 158
Part 22 — Transitional provisions
Division 1 — Provisions about enforcing judgments
143. Interpretation 159
144. Judgments not satisfied before commencement 159
145. Pending proceedings to enforce a judgment 159
146. Pending process to enforce a judgment 160
147. Existing bailiffs and their assistants, termination of appointment etc. 162
Division 2 — General
148. Transitional regulations 163
Schedule 1 — Amendments to various Acts
1. Aboriginal Communities Act 1979 165
2. Administration Act 1903 165
3. Agricultural Practices (Disputes) Act 1995 165
4. Agriculture and Related Resources Protection Act 1976165
5. Agriculture Protection Board Act 1950 166
6. Animal Welfare 2002 166
7. Art Gallery Act 1959 166
8. Artificial Breeding of Stock Act 1965 166
9. Auction Sales Act 1973 166
10. Bail Act 1982 168
11. Betting Control Act 1954 172
12. Bills of Sale Act 1899 173
13. Bread Act 1982 174
14. Builders’ Registration Act 1939 174
15. Bush Fires Act 1954 174
16. Business Names Act 1962 175
17. Cattle Industry Compensation Act 1965 175
18. Censorship Act 1996 175
19. Census Act 1891 176
20. Charitable Collections Act 1946 176
21. Chicken Meat Industry Act 1977 176
22. Child Welfare Act 1947 177
23. Coal Industry Tribunal of Western Australia Act 1992 178
24. Coal Miners’ Welfare Act 1947 178
25. Companies (Co‑operative) Act 1943 178
26. Competition Policy Reform (Western Australia) Act 1996178
27. Conservation and Land Management Act 1984 179
28. Conspiracy and Protection of Property Act 1900 179
29. Constitution Acts Amendment Act 1899 179
30. Contaminated Sites Act 2003 180
31. Control of Vehicles (Off‑road areas) Act 1978 180
32. Co‑operative and Provident Societies Act 1903 181
33. Corruption and Crime Commission Act 2003 182
34. Country Areas Water Supply Act 1947 183
35. Country Towns Sewerage Act 1948 184
36. Court Security and Custodial Services Act 1999 184
37. Credit Act 1984 185
38. Credit (Administration) Act 1984 185
39. Cremation Act 1929 185
40. Criminal Investigation (Extra‑territorial) Offences Act 1987 185
41. Criminal Law (Mentally Impaired Defendants) Act 1996185
42. Criminal Property Confiscation Act 2000 187
43. Dampier to Bunbury Pipeline Act 1997 188
44. Debt Collectors Licensing Act 1964 188
45. Dental Prosthetists Act 1985 188
46. Director of Public Prosecutions Act 1991 188
47. Disability Services Act 1993 188
48. Disposal of Uncollected Goods Act 1970 189
49. Distress for Rent Abolition Act 1936 189
50. Dividing Fences Act 1961 189
51. Dog Act 1976 191
52. Electoral Act 1907 191
53. Electricity Act 1945 192
54. Employment Agents Act 1976 193
55. Energy Coordination Act 1994 193
56. Energy Operators (Powers) Act 1979 193
57. Environmental Protection Act 1986 193
58. Equal Opportunity Act 1984 194
59. Fair Trading Act 1987 194
60. Fertilizers Act 1977 195
61. Finance Brokers Control Act 1975 195
62. Financial Transaction Reports Act 1995 195
63. Fire Brigades Act 1942 195
64. Firearms Act 1973 196
65. Fish Resources Management Act 1994 196
66. Fuel, Energy and Power Resources Act 1972 196
67. Gaming and Wagering Commission Act 1987 197
68. Gas Standards Act 1972 197
69. Gold Corporation Act 1947 197
70. Government Railways Act 1904 197
71. Guardianship and Administration Act 1990 198
72. Hairdressers Registration Act 1946 198
73. Health Act 1911 198
74. Heritage of Western Australia Act 1990 205
75. Hire Purchase Act 1959 205
76. Home Building Contracts Act 1991 205
77. Income Tax Assessment Act 1937 206
78. Interpretation Act 1984 207
79. Juries Act 1957 208
80. Justices of the Peace Act 2004 208
81. Kalgoorlie and Boulder Racing Clubs Act 1904 208
82. Land Administration Act 1997 209
83. Land Boundaries Act 1841 210
84. Land Drainage Act 1925 210
85. Land Valuers Licensing Act 1978 211
86. Legal Practice Act 2003 211
87. Legal Representation of Infants Act 1977 211
88. Library Board of Western Australia Act 1951 211
89. Lights (Navigation Protection) Act 1938 212
90. Limitation Act 1935 212
91. Liquor Licensing Act 1988 212
92. Litter Act 1979 213
93. Local Government Act 1995 213
94. Local Government (Miscellaneous Provisions) Act 1960213
95. Long Service Leave Act 1958 216
96. Marketing of Potatoes Act 1946 216
97. Medical Act 1894 216
98. Metropolitan Region Town Planning Scheme Act 1959216
99. Metropolitan Water Supply, Sewerage and Drainage Act 1909 217
100. Mines Safety and Inspection Act 1994 218
101. Minimum Conditions of Employment Act 1993 218
102. Misuse of Drugs Act 1981 218
103. Motor Vehicle Dealers Act 1973 218
104. Motor Vehicle Repairers Act 2003 219
105. Motor Vehicle (Third Party Insurance) Act 1943 219
106. Museum Act 1969 220
107. Native Title (State Provisions) Act 1999 220
108. Newspaper Libel and Registration Act 1884 220
109. Occupational Safety and Health Act 1984 220
110. Occupational Therapists Registration Act 1980 221
111. Official Prosecutions (Defendants’ Costs) Act 1973 222
112. Parks and Reserves Act 1895 222
113. Parliamentary Commissioner Act 1971 223
114. Parole Orders (Transfer) Act 1984 223
115. Partnership Act 1895 223
116. Pawnbrokers and Second‑hand Dealers Act 1994 223
117. Petroleum Act 1967 225
118. Petroleum Products Pricing Act 1983 226
119. Petroleum Safety Act 1999 226
120. Pharmacy Act 1964 226
121. Podiatrists Registration Act 1984 226
122. Poisons Act 1964 226
123. Police Act 1892 227
124. Pollution of Waters by Oil and Noxious Substances Act 1987 233
125. Poultry Industry (Trust Fund) Act 1948 233
126. Prisoners (Interstate Transfer) Act 1983 233
127. Prisons Act 1981 234
128. Professional Standards Act 1997 236
129. Prostitution Act 2000 236
130. Protective Custody Act 2000 237
131. Psychologists Registration Act 1976 237
132. Public Notaries Act 1979 238
133. Public Trustee Act 1941 238
134. Public Works Act 1902 238
135. Radiation Safety Act 1975 238
136. Rail Safety Act 1998 238
137. Real Estate and Business Agents Act 1978 239
138. Restraint of Debtors Act 1984 239
139. Road Traffic Act 1974 239
s. 76(10)(b) 241
140. Sale of Goods Act 1895 241
141. Sale of Land Act 1970 241
142. Security and Related Activities (Control) Act 1996 242
143. Sentencing Act 1995 242
144. Settlement Agents Act 1981 243
145. Soil and Land Conservation Act 1945 244
146. Spear‑guns Control Act 1955 244
147. Spent Convictions Act 1988 244
148. State Administrative Tribunal Act 2004 244
149. Stock (Identification and Movement) Act 1970 244
150. Strata Titles Act 1985 245
151. Street Alignment Act 1844 245
152. Street Collections (Regulation) Act 1940 245
153. Suitors’ Fund Act 1964 246
154. Surveillance Devices Act 1998 246
155. Travel Agents Act 1985 247
156. University of Western Australia Act 1911 247
157. Veterinary Preparations and Animal Feeding Stuffs Act 1976 247
158. Vexatious Proceedings Restriction Act 2000 247
159. Warehousemen’s Liens Act 1952 248
160. Water Boards Act 1904 248
161. Waterways Conservation Act 1976 250
162. Weapons Act 1999 250
163. Weights and Measures Act 1915 251
164. Welfare and Assistance Act 1961 251
165. Western Australian Marine Act 1982 253
166. Western Australian Trotting Association Act 1946 254
167. Wheat Products (Prices Fixation) Act 1938 254
168. White Phosphorus Matches Prohibition Act 1912 254
169. Wildlife Conservation Act 1950 254
170. Workmen’s Wages Act 1898 255
171. Young Offenders Act 1994 255
Schedule 2 — Other amendments to Acts
1. Aboriginal Heritage Act 1972 257
2. Aerial Spraying Control Act 1966 257
3. Agricultural Produce Commission Act 1988 258
4. Agriculture and Related Resources Protection Act 1976258
5. Animal Welfare Act 2002 258
6. Architects Act 1921 258
7. Boxing Control Act 1987 259
8. Cemeteries Act 1986 259
9. Chiropractors Act 1964 260
10. Commercial Tribunal Act 1984 260
11. Community Services Act 1972 260
12. Control of Vehicles (Off‑road areas) Act 1978 260
13. Debt Collectors Licensing Act 1964 260
14. Dental Prosthetists Act 1985 261
15. Dog Act 1976 261
16. Electricity Act 1945 262
17. Employment Agents Act 1976 263
18. Fire Brigades Act 1942 264
19. Firearms Act 1973 264
20. First Home Owner Grant Act 2000 265
21. Gas Standards Act 1972 265
22. Hairdressers Registration Act 1946 266
23. Health Act 1911 266
24. Hire Purchase Act 1959 268
25. Hospitals and Health Services Act 1927 268
26. Land Administration Act 1997 268
27. Licensed Surveyors Act 1909 269
28. Local Government Act 1995 269
29. Marketing of Eggs Act 1945 270
30. Marketing of Potatoes Act 1946 270
31. Metropolitan Region Town Planning Scheme Act 1959270
32. Metropolitan Water Supply, Sewerage and Drainage Act 1909 270
33. Motor Vehicle Drivers Instructors Act 1963 271
34. Nurses Act 1992 271
35. Occupational Therapists Registration Act 1980 272
36. Painters’ Registration Act 1961 272
37. Pawnbrokers and Second‑hand Dealers Act 1994 273
38. Plant Pests and Diseases (Eradication Funds) Act 1974274
39. Podiatrists Registration Act 1984 274
40. Poisons Act 1964 274
41. Psychologists Registration Act 1976 275
42. Public Meetings and Processions Act 1984 275
43. Racing Penalties (Appeals) Act 1990 277
44. Radiation Safety Act 1975 277
45. Retirement Villages Act 1992 277
46. Road Traffic Act 1974 278
47. Security and Related Activities (Control) Act 1996 278
48. Strata Titles Act 1985 279
49. Taxi Act 1994 279
50. Transport Co-ordination Act 1966 279
51. Veterinary Preparations and Animal Feeding Stuffs Act 1976 280
Western Australia
Courts Legislation Amendment and Repeal Act 2004
No. 59 of 2004
An Act —
·to repeal various Acts;
·to amend various Acts; and
·to enact transitional provisions,
as a consequence of and in connection with the enactment of —
·the Justices of the Peace Act 2004;
·the Magistrates Court Act 2004;
·the Magistrates Court (Civil Proceedings) Act 2004; and
·the Civil Judgments Enforcement Act 2004,
and to amend various Acts in relation to procedural and other matters.
[Assented to 23 November 2004]
The Parliament of Western Australia enacts as follows:
Part 1 — Preliminary
1. Short title
This Act may be cited as the Courts Legislation Amendment and Repeal Act 2004.
2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different provisions.
(3) For the purposes of subsection (2), each amendment in a Table to a provision of this Act or in Schedule 1 or 2 is to be taken to be a separate provision of this Act.
3. Operation of Interpretation Act 1984
If an enactment is repealed by this Act and is re‑enacted (with or without modification) by the —
(a) Civil Judgments Enforcement Act 2004;
(b) Justices of the Peace Act 2004;
(c) Magistrates Court Act 2004; or
(d) Magistrates Court (Civil Proceedings) Act 2004,
then for the purposes of the Interpretation Act 1984 section 36, the enactment is to be taken to have been repealed and re‑enacted by the Act referred to in paragraph (a), (b), (c) or (d).
Part 2 — Local Courts Act 1904 repealed
Division 1 — Repeal
4. Local Courts Act 1904 repealed
The Local Courts Act 1904 is repealed.
Division 2 — Transitional provisions
5. Interpretation
“commencement” means the commencement of this Division.
6. Clerks
(1) If immediately before commencement a person holds office under the Local Courts Act 1904 section 13 as a clerk, then on commencement the person is to be taken to have been appointed —
(a) in the case of a person who immediately before commencement is an employee of the department principally assisting the Minister with the administration of the Local Courts Act 1904 — under the Magistrates Court Act 2004 section 26(2) as a Registrar of the Magistrates Court;
(b) in any other case — under the Magistrates Court Act 2004 section 26(2) and (6) as a
(2) If immediately before commencement a person holds office under the Local Courts Act 1904 section 13 as an assistant clerk, then on commencement the person is to be taken to have been appointed under the Magistrates Court Act 2004 section 26(2) as a Deputy Registrar of the Magistrates Court.
7. Cases pending
If immediately before commencement an action or matter (as defined in the Local Courts Act 1904) is pending before a Local Court, then on commencement the action or matter —
(a) is to be taken to be a case pending before the Magistrates Court; and
(b) shall be heard and determined under the Magistrates Court (Civil Proceedings) Act 2004 as if it is within the civil jurisdiction of the Magistrates Court.
8. Existing summonses and warrants
(1) If immediately before commencement a summons, warrant or other process issued under the Local Courts Act 1904, other than an enforcement process within the meaning of section 143, is in force, then on commencement the summons, warrant or process is to be taken to be a summons, warrant or process issued under the Magistrates Court (Civil Proceedings) Act 2004.
(2) If immediately before commencement a summons or warrant is in force and requires a person to attend or to be brought before a Local Court, then on commencement the summons or warrant is to be taken to require the person to attend or to be brought before the Magistrates Court at the place specified in the summons or warrant.
9. References to Local Courts Act 1904 to be read as references to Magistrates Court (Civil Proceedings) Act 2004
A reference in a written law or book, document or writing to the Local Courts Act 1904 is, unless the contrary intention appears, to be construed as if it had been amended to be a reference to the Magistrates Court (Civil Proceedings) Act 2004.
10. References to ‘Local Court’ to be read as references to the ‘Magistrates Court’
A reference in a written law or book, document or writing to a Local Court is, unless the contrary intention appears, to be construed as if it had been amended to be a reference to the Magistrates Court.
11. Local Court Rules 1961 repealed and transitional provision
(1) The Local Court Rules 1961 are repealed.
(2) Until subsection (1) comes into operation, the Local Court Rules 1961, as in force immediately before the commencement of this subsection, continue in operation with any necessary changes as if they were rules of court made under the Magistrates Court Act 2004 and the Magistrates Court (Civil Proceedings) Act 2004 and accordingly may be amended by rules of court made under those Acts.
(3) If subsection (1) comes into operation before subsection (2), subsection (2) is repealed.
Part 3 — Small Claims Tribunals Act 1974 repealed
12. Act repealed
The Small Claims Tribunals Act 1974 is repealed.
13. Transitional provisions
(1) In this section —
“commencement” means the commencement of this Part.
(2) If immediately before commencement a small claim is pending before a Small Claims Tribunal, then on commencement the small claim is to be taken to be an action within the civil jurisdiction of the Magistrates Court and may be heard and determined accordingly subject to the Magistrates Court (Civil Proceedings) Act 2004.
(3) If immediately before commencement an order made by a Small Claims Tribunal is in force under the Small Claims Tribunals Act 1974, then on commencement the order is taken to be an order made by the Magistrates Court and has effect accordingly.
(4) The repeal of the Small Claims Tribunals Act 1974 does not prevent an application or order being made under the Suitors’ Fund Act 1964 in relation to a claim that was before a Small Claims Tribunal before commencement.
(5) On commencement and for the purposes of subsection (4) the Magistrates Court has jurisdiction to make any order under the Suitors’ Fund Act 1964 that a Small Claims Tribunal would have had jurisdiction to make under that Act immediately before commencement.
(6) A reference in a written law or book, document or writing to a Small Claims Tribunal is, unless the contrary intention appears, to be construed as if it had been amended to be a reference to the Magistrates Court.
Part 4 — Stipendiary Magistrates Act 1957 repealed
14. Act repealed
The Stipendiary Magistrates Act 1957 is repealed.
15. Transitional provisions
(1) In this section —
“commencement” means the commencement of this Part;
“repealed Act” means the Stipendiary Magistrates Act 1957.
(2) If immediately before commencement a person, by virtue of an appointment under a provision of the repealed Act referred to in column 1 of the Table to this subsection, holds an office described in column 2, then on commencement the person is to be taken to have been appointed under the provision of the Magistrates Court Act 2004 referred to in column 3 to the office described in column 4.
Table
|
Repealed Act |
Old office |
Magistrates Court Act 2004 |
New office |
|
s. 4(1) |
Stipendiary magistrate |
Schedule 1 clause 3 |
Magistrate |
|
s. 4(4) |
Chief Stipendiary Magistrate |
Schedule 1 clause 6(1) |
Chief Magistrate |
|
s. 4(4) |
Deputy Chief Stipendiary Magistrate |
Schedule 1 clause 6(2) |
Deputy Chief Magistrate |
|
s. 5C(2) |
Stipendiary magistrate on terms and conditions |
Schedule 1 clause 9 |
Acting magistrate on the same terms and conditions |
(3) If immediately before commencement a person is the subject of a direction made under section 5B(3) of the repealed Act, then on commencement the person is to be taken to have been appointed under the Magistrates Court Act 2004 Schedule 1 clause 9 as an acting magistrate for a period ending at the time when the person would leave office under the direction.
(4) A person who under this section is taken to have been appointed under the Magistrates Court Act 2004 to an office is not required to take the oaths or affirmations of office under that Act in respect of that office.
(5) For the purposes of the Magistrates Court Act 2004 Schedule 1 clause 7 the seniority of people who under subsection (2) are to be taken to have been appointed as magistrates of the Magistrates Court is to be determined according to the dates of their appointment as stipendiary magistrates.
(6) The remuneration, existing or accrued rights, rights under a superannuation scheme, or continuity of service, of a stipendiary magistrate to whom subsections (2) and (3) apply is not affected by those subsections.
(7) A reference in a written law or book, document or writing to a stipendiary magistrate is, unless the contrary intention appears, to be construed as if it had been amended to be a reference to a magistrate.
(8) A reference in a written law or book, document or writing to the Chief Stipendiary Magistrate is, unless the contrary intention appears, to be construed as if it had been amended to be a reference to the Chief Magistrate.
Part 5 — Other repeals
16. Debtors Act 1871 repealed
The Debtors Act 1871 is repealed.
17. Foreign Judgments Act 1963 repealed
The Foreign Judgments Act 1963 is repealed.
18. Magisterial Districts Act 1886 repealed
The Magisterial Districts Act 1886 is repealed.
19. Public Officers Act 1879 repealed
The Public Officers Act 1879 is repealed.
20. Imperial Acts repealed
(1) The following Imperial Acts or provisions of them are repealed in so far as they are part of the law of Western Australia —
(a) 11 Henry VI c. 6 (1433);
(b) section 1 of 8 Anne c. 18 (1709)
[Landlord and Tenant Act 1709];
(c) 1 & 2 Victoria c. 74 (1838)
[An Act to facilitate the Recovery of Possession of Tenements after due Determination of the Tenancy.]
[Small Tenements Recovery Act 1838]
[Adopted by Imperial Acts Adopting Act 1844];
(d) 1 & 2 Victoria c. 110 (1838)
[An Act for abolishing Arrest on Mesne Process in Civil Actions, except in certain Cases; for extending the Remedies of Creditors against the Property of Debtors; and for amending the Laws for the Relief of Insolvent Debtors in England.]
[Judgments Act 1838]
[Adopted by Imperial Acts Adopting Ordinance 1867];
(e) sections 1, 2, 3, 4, 5 and 6 of 2 & 3 Victoria c. 11 (1839)
[An Act for the better Protection of Purchasers against Judgments, Crown Debts, Lis Pendens, and Fiats in Bankruptcy.]
[Judgments Act 1839]
[Adopted by Imperial Acts Adopting Ordinance 1867];
(f) 3 & 4 Victoria c. 82 (1840)
[An Act for further amending the Act for abolishing Arrest on Mesne Process in Civil Actions.]
[Judgments Act 1840]
[Adopted by Imperial Acts Adopting Ordinance 1867];
(g) sections 1, 2, 3, 4, 5, 6, 7 and 8 of 18 & 19 Victoria c. 15 (1855)
[An Act for the better Protection of Purchasers against Judgments, Crown Debts, Cases of Lis Pendens, and Life Annuities or Rentcharges.]
[Judgments Act 1855]
[Adopted by Imperial Acts Adopting Ordinance 1867].
(2) In respect of each Imperial enactment referred to in subsection (1), Part V of the Interpretation Act 1984 applies as if a reference in that Part to the repeal of a written law or to the repeal of an enactment were a reference to the repeal of the Imperial enactment.
Part 6 — Justices Act 1902 amended and transitional provisions
Division 1 — Amendments
21. Act amended by this Division
The amendments in this Division are to the Justices Act 1902*.
[* Reprint 14 as at 16 May 2003.]
22. Long title replaced
The long title is repealed and the following long title is inserted instead —
“
An Act relating to the functions of courts of summary jurisdiction and to the procedures to be followed in such courts.
”.
23. Short title amended
Section 1 is amended by deleting “Justices” and inserting instead —
“ Criminal Procedure (Summary) ”.
24. Section 4 amended
Section 4 is amended as follows:
(a) by inserting in the appropriate alphabetical positions the following definitions —
“
“agent”, in respect of a person who is a party to proceedings before a court of summary jurisdiction, means the solicitor or counsel for the person, or any other person who lawfully appears for the person;
“court of summary jurisdiction” means —
(a) the Children’s Court;
(b) the Magistrates Court; or
(c) any other court to which this Act applies;
“DPP” means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1991;
“judicial officer”, in relation to a court of summary jurisdiction, means the person who constitutes the court and, where the court is constituted by more than one person, means each of those persons;
“prescribed investigator” means —
(a) a police officer; or
(b) an officer of a prescribed public authority who is authorised by the public authority, or under a written law, to commence prosecutions;
“prescribed public authority” means a public authority that is prescribed by the regulations;
“public authority” means —
(a) a Minister of the Crown;
(b) a department of the Public Service;
(c) a local government or a regional local government; or
(d) a body, whether incorporated or not, that is established for a public purpose under a written law and that, under the authority of a written law, performs a statutory function on behalf of the State;
“registrar” means a registrar of a court of summary jurisdiction;
”;
(b) by deleting the definition of “justices” and inserting instead —
“
“justice” means a Justice of the Peace appointed under the Justices of the Peace Act 2004;
”;
(c) by deleting the definition of “magistrate” and inserting instead —
“
“magistrate” means a magistrate appointed under —
(a) the Children’s Court of Western Australia Act 1988;
(b) the Magistrates Court Act 2004; or
(c) any other written law for the purpose of constituting a court to which this Act applies;
”;
(d) by deleting the definition of “oath”.
25. Part II repealed
Part II is repealed.
26. Part III repealed
Part III is repealed.
27. Section 42 amended
Section 42 is amended as follows:
(a) by inserting before “Unless” the subsection designation “(1)”;
(b) by deleting “justices” and inserting instead —
“ a court of summary jurisdiction ”;
(c) by inserting before “complaint” —
“ written ”;
(d) by inserting the following subsections —
“
(2) A complaint being made on oath shall be signed and sworn before a magistrate, justice or registrar.
(3) A complaint not being made on oath shall be signed before a magistrate, justice or registrar, unless the person making it is a prescribed investigator.
”.
28. Section 50 replaced
Section 50 is repealed and the following section is inserted instead —
“
50. Complaint where summons issued
When it is intended to issue a summons instead of a warrant in the first instance, the complaint need not be on oath.
”.
29. Section 51 replaced
Section 51 is repealed and the following section is inserted instead —
“
51. Limitation period for commencing prosecutions
(1) Proceedings before a court of summary jurisdiction for a simple offence must be commenced within 12 months from the time when the matter for complaint arose, unless another written law provides otherwise.
(2) Proceedings before a court of summary jurisdiction are commenced —
(a) on the day on which a complaint is signed under section 42 by the person making it before a magistrate, justice or registrar; or
(b) if a complaint is made by a prescribed investigator and is not signed before a magistrate, justice or registrar — on the day on which it is lodged with the court.
”.
30. Sections 52 and 53 replaced
Sections 52 and 53 are repealed and the following section is inserted instead —
“
52. When a summons may be issued
(1) If a complaint is made before a magistrate, justice or registrar that any person is guilty of, or is suspected of having committed or is liable to be dealt with in respect of an offence, then that officer may issue his summons.
(2) If a complaint is made by a prescribed investigator and is not signed before a magistrate, justice or registrar, the investigator may issue a summons which shall have the same force and effect as if issued by a magistrate, justice or registrar.
”.
31. Section 56 amended
(1) Section 56 is amended as follows:
(a) by inserting before “Subject to” the subsection designation “(1)”;
(b) in the proviso by deleting “clerk of petty sessions” and inserting instead —
(c) by deleting the third paragraph.
(2) Section 56 is amended by inserting the following subsections —
“
(2) Service by post shall be effected by a registrar properly addressing and posting (by prepaid post) the summons as a letter to the person to be served at his last known place of residence or business.
(3) A summons that is served by post is to be taken to have been served at the time when the letter would have been delivered in the ordinary course of post.
(4) A certificate by the registrar that the summons was posted in accordance with subsection (2) is proof of service, in the absence of evidence to the contrary.
”.
32. Section 58 amended
Section 58 is amended as follows:
(a) by deleting the paragraph beginning with “When complaint” and ending with “law.”and inserting the following subsection instead —
“
(1) When a complaint is made before a magistrate or justice that any person is guilty of, or is suspected of having committed or is liable to be dealt with in respect of an indictable offence, that officer may issue his warrant to apprehend the defendant and to cause him to be brought before a court of summary jurisdiction to be further dealt with according to law.
”;
(b) by inserting before “Provided that” the subsection designation “(2)”;
(c) by inserting after “Provided that the” —
“ magistrate or ”;
(d) by inserting before “Notwithstanding” the subsection designation “(3)”;
(e) by inserting after “summons, any” —
“ magistrate or ”.
33. Section 68 replaced
Section 68 is repealed and the following section is inserted instead —
“
68. Representation in court
(1) In this section —
“complainant” includes applicant;
“lawyer” means a person who is admitted and entitled to practise as a barrister and solicitor of the Supreme Court.
(2) A party to a proceeding before a court of summary jurisdiction is personally entitled to appear before the court in order to present and conduct the party’s case and to call, examine, cross‑examine and re‑examine witnesses.
(3) Unless another written law expressly provides otherwise, the entitlement under subsection (2) may be performed —
(a) on a complainant’s behalf by a person permitted under subsection (4); or
(b) on any party’s behalf —
(i) by a lawyer; or
(ii) with the court’s leave by a person who is not a lawyer.
(4) Despite the Legal Practice Act 2003, in a proceeding before a court of summary jurisdiction —
(a) the State, or a complainant who is a police officer acting in the course of duty, may be represented by a police officer acting in the course of duty;
(b) a complainant who is acting for or on behalf of a public authority may be represented by an officer or employee of the public authority acting in the course of duty.
(5) The court may only give leave under subsection (3)(b)(ii) in exceptional circumstances.
(6) A person who is not a lawyer and who, having been given leave under subsection (3)(b)(ii), performs any act referred to in subsection (2) on behalf of a party is not entitled to claim, receive or recover, directly or indirectly, money or other remuneration for doing so.
”.
34. Section 75 amended
Section 75(1) and (2) are repealed and the following subsections are inserted instead —
“
(1) If a person summoned as a witness does not appear at the time and place appointed by the summons then, after proof that the summons was duly served on the person and, except in the case of indictable offences, that a reasonable sum was paid or tendered to the person for the person’s costs and expenses of attendance, the court of summary jurisdiction may issue a warrant to have the person arrested and brought before the court.
(2) A person arrested under such a warrant is to be brought before the court as soon as practicable.
”.
35. Section 79 amended
Section 79(2) and (3) are repealed and the following subsection is inserted instead —
“
(2) If under subsection (1) a court remands a defendant, it must not do so for a period that exceeds 8 clear days, unless the defendant consents.
”.
36. Section 86A replaced by sections 86A and 86B
Section 86A is repealed and the following sections are inserted instead —
“
86A. Video or audio link may be used for remands and adjournments when defendant in custody
(1) This section applies if —
(a) a defendant is charged with an offence before a court of summary jurisdiction;
(b) the defendant is in custody, whether in relation to the charge or not;
(c) the defendant is required to appear before the court in relation to the charge for purposes other than the hearing or determination of the charge; and
(d) there is a video link or audio link (within the meaning of section 120 of the Evidence Act 1906) between the place where the defendant is in custody and the court.
(2) If the defendant’s appearance will be his first in relation to the charge, the person in whose custody the defendant is shall bring the defendant before the court in person, unless the court has ordered that the defendant be brought before the video link or audio link.
(3) If the defendant’s appearance will be his second or subsequent in relation to the charge, the person in whose custody the defendant is shall, notwithstanding any warrant that commands that the defendant be brought before the court, bring the defendant before the video link or audio link, unless the court has ordered that the defendant be brought before the court in person.
(4) A court may make an order under subsection (2) or (3) on its own initiative or on the application of a party to the proceeding, at any time, if satisfied it is necessary for the proper administration of justice to do so.
(5) The defendant shall not be brought before an audio link unless a video link is not available and cannot reasonably be made available.
(6) When a defendant is brought before a video link or audio link in accordance with this section, the court may, in relation to the charge, exercise the powers in sections 79, 80 and 86 and comply with the Bail Act 1982 as if the defendant were personally present before it.
86B. Video or audio link generally
(1) This section applies if —
(a) a defendant is charged with an offence before a court of summary jurisdiction; and
(b) the defendant is required to appear before the court in relation to the charge for any purpose.
(2) On an application by the defendant, the court may permit the defendant to appear before a video link (within the meaning of section 120 of the Evidence Act 1906) with the court.
(3) When a defendant appears before a video link as permitted by the court, the court may deal with the charge as if the defendant were personally present before it.
(4) This section is in addition to and does not affect the operation of sections 120 to 132 of the Evidence Act 1906.
”.
37. Section 96 amended
(1) Section 96(1) is amended by deleting “courts of petty sessions” and inserting instead —
“ a court of summary jurisdiction ”.
(2) After section 96(1) the following subsection is inserted —
“
(2) Regulations may authorise the chief executive officer to approve forms for the purposes of this Act.
”.
38. Section 136A amended
(1) Section 136A(1) is repealed and the following subsection is inserted instead —
“
(1) Where a decision is given by a court of summary jurisdiction in default of appearance by the complainant or by the defendant, the party who did not appear may, within 21 days after the party becomes aware of the decision, or within such further period as the court at the place where the decision was given may allow, serve on the registrar of the court notice in writing of his intention to apply to the court to set the decision aside, and of the grounds of the application.
”.
(2) Section 136A(2) is amended as follows:
(a) by deleting “clerk of petty sessions” and inserting instead —
“ registrar ”;
(b) by deleting “of petty sessions” in the second place where it occurs.
(3) Section 136A(3) is amended as follows:
(a) by deleting “The applicant” and inserting instead —
“ If the registrar so decides, the applicant ”;
(b) by deleting “court of petty sessions” and inserting instead —
“ magistrate, justice or registrar ”.
(4) Section 136A(3a) is amended as follows:
(a) by deleting “court thinks fit and the court shall where it is constituted by a justice or justices, and may in any other case,” and inserting instead —
“ registrar thinks fit and the registrar may ”;
(b) by deleting “clerk of petty sessions” and inserting instead —
“ registrar ”.
(5) Section 136A(3b) is amended as follows:
(a) by deleting “On a recognisance being given under subsection (3)” and inserting instead —
“ On an application being made under this section ”;
(b) by deleting “of petty sessions”.
(6) Section 136A(4) is amended as follows:
(a) by deleting “clerk of petty sessions” and inserting instead —
“ registrar ”;
(b) by deleting “of petty sessions” in the second place where it occurs.
(7) Section 136A(5a) is amended by deleting “justices set” and inserting instead —
“ the court sets ”.
39. Sections 151, 152 and 153 replaced
Sections 151, 152 and 153 are repealed and the following section is inserted instead —
“
151. Costs
(1) In this section —
“dismiss”, in relation to a charge in a complaint, means to dismiss the charge without considering its merits;
“official prosecution” has the meaning given by the Official Prosecutions (Defendants’ Costs) Act 1973;
“OPDC determination” means a determination made under section 210 of the Legal Practice Act 2003 for the purposes of the Official Prosecutions (Defendants’ Costs) Act 1973.
(2) Subject to the Official Prosecutions (Defendants’ Costs) Act 1973 and this section, a successful party to a matter is entitled to the party’s costs.
(3) In any proceedings on a complaint, if a court of summary jurisdiction convicts a defendant, the court may order the defendant to pay all or a part of the complainant’s costs.
(4) In any proceeding that is not an official prosecution, if a court of summary jurisdiction acquits a defendant or dismisses a charge, the court may order the complainant to pay all or a part of the defendant’s costs.
(5) Subsection (4) does not affect the operation of the Official Prosecutions (Defendants’ Costs) Act 1973.
(6) In a matter that is not a prosecution, a court of summary jurisdiction may make any orders as to costs that it thinks fit.
(7) If subsection (3), (4) or (6) applies the costs are to be assessed in accordance with the relevant OPDC determination and section 215 of the Legal Practice Act 2003.
(8) If subsection (3), (4) or (6) applies, the court may reduce the costs that it would otherwise have awarded, or refuse to award costs, to the party concerned if —
(a) any act or omission of or caused by the party (other than an act or omission that is the subject of a charge) was unreasonable in the circumstances and contributed to the institution or continuation of the case; or
(b) any act or omission of or caused by the party during or in the conduct of the case was calculated to prolong the case unnecessarily or cause unnecessary expense.
(9) The court may adjourn an application for costs, or the determination of the amount of costs to be paid, if there is good reason to do so.
(10) A question adjourned under subsection (9) is to be dealt with by a magistrate and may be dealt with in chambers.
”.
40. Section 160 inserted
After section 159 the following section is inserted —
“
160. Correcting errors caused by use of false name etc.
(1) If as a result of a defendant using a false name, address or date of birth, a record of a court of summary jurisdiction does not record the defendant’s correct name, address or date of birth, the court may correct the records and make any ancillary orders it thinks fit to give effect to the correction.
(2) The powers in subsection (1) may be exercised by the court on its own initiative or on an application by a person who the court is satisfied has a proper interest in the proceedings.
(3) Without limiting the power to make ancillary orders, the court may —
(a) set aside a conviction or order made by the court;
(b) order a rehearing and, if necessary, adjourn proceedings;
(c) order that records other than the court’s records be corrected.
”.
41. Section 183 amended
Section 183 is amended as follows:
(a) by deleting the definition of “clerk of petty sessions”;
(b) by deleting the definition of “Court” and inserting instead —
“
“Court” means the Supreme Court;
”;
(c) by inserting after the definition of “legal practitioner” —
“
“lower court registrar” means the registrar of the court of summary jurisdiction that made the decision that is the subject of an appeal under this Part;
”.
42. Section 184 amended
(1) Section 184(1) is repealed and the following subsection is inserted instead —
“
(1) The only appeal that can be made against a decision of a court of summary jurisdiction is to the Supreme Court in accordance with this Part and rules of court made by the Supreme Court.
”.
(2) Section 184(3) is amended by deleting “justices” and inserting instead —
“ a court of summary jurisdiction ”.
(3) After section 184(3) the following subsection is inserted —
“
(4) Subsection (1) is subject to any other Act and in particular to Part 5 of the Children’s Court of Western Australia Act 1988.
”.
43. Section 185 replaced
Section 185 is repealed and the following section is inserted instead —
“
185. Who may appeal
(1) An appeal may be made by any or all of the following —
(a) a person who is aggrieved by a decision;
(b) the Attorney General.
(2) An appeal may be made by a person against 2 or more decisions made at the same hearing and in such a case the appeals are to be consolidated unless, or except to the extent that, the Court orders otherwise.
(3) If more than one appeal against a decision is made, the Court may determine 2 or more of them at the same time.
”.
44. Section 195A inserted
After section 195 the following section is inserted —
“
195A. Single Judge to hear appeal unless case warrants Full Court
(1) The Court constituted by one Judge shall hear and determine an appeal unless an order has been made under subsection (2).
(2) On its own initiative, or on the application of a party made before or during the hearing of the appeal, the Court may order that the appeal be heard and determined by the Full Court.
”.
45. Section 199 amended
Section 199 is amended as follows:
(a) in paragraph (a) by deleting “justices” and inserting instead —
“ court of summary jurisdiction ”;
(b) by inserting after paragraph (a) the following paragraph —
“
(ab) dismiss the appeal if it considers the appeal is frivolous or vexatious;
”;
(c) in paragraph (c) by deleting “justices” and inserting instead —
“ court of summary jurisdiction ”;
(d) by repealing paragraph (d) and inserting the following paragraph instead —
“
(d) remit the case for hearing by a court of summary jurisdiction, with or without directions —
(i) as to how or by whom that court is to be constituted;
(ii) as to the hearing of the case by that court;
”;
(e) in paragraph (g) by deleting “costs.” and inserting instead —
“
the costs of the appeal and the costs of the proceedings in the court of summary jurisdiction.
”.
(2) Section 199(3) is amended as follows:
(a) by deleting “any justices” and inserting instead —
“ a court of summary jurisdiction ”;
(b) by deleting “the justices” and inserting instead —
“ that court ”.
(3) Section 199(4) is amended by deleting “justices” and inserting instead —
“ a court of summary jurisdiction ”.
46. Section 206 amended
Section 206(3) is repealed and the following subsections are inserted instead —
“
(3) The appellant shall give notice of an application under subsection (1) to the other party or other parties to the proceedings before the court of summary jurisdiction.
(4) Upon the making of an application under subsection (1), sections 191, 193, 194 and 195, with all necessary changes, apply as if an appeal had been commenced.
”.
47. Section 206A amended
(1) Section 206A(4) is amended as follows:
(a) paragraph (f) is deleted and the following paragraph is inserted instead —
“
(f) the commencement of an appeal under section 185;
”;
(b) in paragraph (g) by deleting “application and”.
(2) Section 206A(5) is repealed and the following subsection is inserted instead —
“
(5) Without limiting subsection (4), the powers in section 193(1) may be exercised at any time after an application for leave to appeal is made under this section.
”.
48. Section 206E amended
(1) Section 206E(1) is amended by deleting “Subject to subsection (3), if” and inserting instead —
“ If ”.
(2) Section 206E(2) is repealed and the following subsection is inserted instead —
“
(2) The payment of the costs may be enforced under section 155 as if the order under this Part as to the payment of costs were a payment order and for that purpose the Supreme Court Registrar’s certificate may be registered as a judgment in a court of competent jurisdiction.
”.
49. Part IX replaced
Part IX is repealed and the following Part is inserted instead —
“
Part IX — Miscellaneous
222. Effect of court documents
(1) A summons, warrant, order or other document issued by a court of summary jurisdiction (“court document”) has effect according to its wording.
(2) In the absence of evidence to the contrary, it is to be presumed that —
(a) the person who issued a court document was empowered to do so; and
(b) the signature on a court document is that of the person who issued it.
(3) The validity of a court document is not affected by the death of a person who issued it.
(4) A warrant itself is sufficient authority to the person to whom it is directed to act according to it.
(5) A member of the Police Force of Western Australia must obey any warrant or other order or direction of a court of summary jurisdiction or a judicial officer of it.
(6) A member of the Police Force of Western Australia who contravenes subsection (5) is to be dealt with under section 23 of the Police Act 1892.
223. Warrants of commitment, time for issuing
(1) If a warrant of commitment is not issued within 12 months after the final hearing and determination of a case, such a warrant shall not issue without the leave of a magistrate.
(2) Subsection (1) does not apply in respect of a warrant of commitment that may be issued under the Fines, Penalties and Infringement Notices Enforcement Act 1994.
”.
50. Other amendments
The Act is amended as set out in the Table to this section.
Table
|
s. 4 |
In the definition of “complaint”, delete “justices” and insert instead — “ a court of summary jurisdiction ”. In the definition of “decision”, delete “that justices” and insert instead — “ by a court of summary jurisdiction that it ”. In the definition of “defendant”, delete “justices” and insert instead — “ a court of summary jurisdiction ”. In the definition of “indictable offence”, insert after “Attorney General” — “ , the DPP ”. In the definition of “indictment”, insert after “Attorney General” — “ , the DPP ”. Delete the definition of “jurisdiction”. In the definition of “matter”, delete “justices” and insert instead — “ a court of summary jurisdiction ”. Delete the definition of “Minister”. Delete the definition of “police officer”. |
|
s. 5 |
After “Justices of the Peace” insert — “ or a court of summary jurisdiction ”. |
|
s. 43 |
In the second proviso delete “the justices” and insert instead — “ a court of summary jurisdiction ”. Delete “they” and insert instead — “ it ”. |
|
s. 46 |
Delete “the justices” and insert instead — “ a court of summary jurisdiction ”. |
|
s. 47 |
Delete “the justices” and insert instead — “ a court of summary jurisdiction ”. Delete “they may” and insert instead — “ it may ”. Delete “they think” and insert instead — “ it thinks ”. |
|
s. 48 |
Delete “the justices” and insert instead — “ a court of summary jurisdiction ”. |
|
s. 54 |
In paragraph (b), insert before “matter” — “ offence or ”. In paragraph (c), delete “such justices as shall then be there” and insert instead — “ a court of summary jurisdiction that has jurisdiction to deal with the complaint”. In paragraph (d)(i), delete “such justices as shall then be there” and insert instead — “ a court of summary jurisdiction that has jurisdiction to deal with the complaint”. |
|
s. 55 |
Delete “justice or clerk of petty sessions” and insert instead — “ magistrate, justice or registrar ”. Delete “of justices” and insert instead — “ to a court of summary jurisdiction ”. |
|
s. 56A(1) |
Delete “justices” and insert instead — “ a court of summary jurisdiction ”. Delete “registered”. |
|
s. 56A(3) |
Delete “of petty sessions”. |
|
s. 56A(4) |
Delete “justices” and insert instead — “ court ”. |
|
s. 56A(5) |
Repeal the subsection. |
|
s. 56A(6) |
Repeal the subsection. |
|
s. 56A(7) |
Repeal the subsection. |
|
s. 56A(8) |
Repeal the subsection. |
|
s. 57A(1) |
Delete “clerk of petty sessions” and insert instead — “ a registrar of the court concerned ”. |
|
s. 57A(2) |
Delete “clerk of petty sessions” and insert instead — “ registrar ”. |
|
s. 59 |
After “before a” insert — “ magistrate or ”. Delete “justice may” and insert instead — “ officer may ”. Delete “justices” and insert instead — “ a court of summary jurisdiction ”. |
|
s. 61 |
Delete “justices in any jurisdiction” and insert instead — “ a court of summary jurisdiction that has jurisdiction to deal with the complaint”. |
|
s. 66(1) |
Delete “before justices” and insert instead — “ before a court of summary jurisdiction ”. Delete “to justices” and insert instead — “ to a court of summary jurisdiction ”. Delete “the justices” and insert instead — “ the court ”. Delete “their” and insert instead — “ its ”. |
|
s. 66(2) |
Delete “The justices are” and insert instead — “ A court of summary jurisdiction is ”. Delete “them” and insert instead — “ it ”. |
|
s. 71 |
Delete “justices” and insert instead — “ a court of summary jurisdiction ”. |
|
s. 73(1a) |
Delete “justices” and insert instead — “ judicial officer ”. |
|
s. 74(1) |
Delete “Any justice or clerk of petty sessions” and insert instead — “ A magistrate, justice or registrar ”. Delete “such justices as shall then be there” and insert instead — “ a court of summary jurisdiction ”. |
|
s. 76 |
Delete “the justice” and insert instead — “ a magistrate or justice ”. |
|
s. 77 |
Repeal the section. |
|
s. 78 |
Delete “justices have” and insert instead — “ a magistrate, justice or registrar has ”. Delete “they” and insert instead — “ he ”. Delete “him” and insert instead — “ the person ”. |
|
s. 79(1) |
Delete “indictable”. Delete “justices” and insert instead — “ court of summary jurisdiction ”. Delete “their warrant” and insert instead — “ a warrant ”. Delete “subsection (3), as they may in their” and insert instead — “ subsection (2), as it may in its ”. Delete “same or such other justices as shall be acting” and insert instead — “ court ”. |
|
s. 80 |
Delete “the justices” in the first place where it occurs and insert instead — “ the court of summary jurisdiction ”. Delete “the justices” in the second place where it occurs and insert instead — “ the court ”. Delete “same or such other justices as shall be acting” and insert instead — “ court ”. |
|
s. 81 |
Delete “Any justices” and insert instead — “ A magistrate, justice or registrar ”. Delete “them” and insert instead — “ the court of summary jurisdiction ”. |
|
s. 83 |
Repeal the section. |
|
s. 84 |
Repeal the section. |
|
s. 85 |
Repeal the section. |
|
s. 86 |
Delete “the justices present, or, if only one justice is present, such one justice,” and insert instead — “ a court of summary jurisdiction ”. Delete “counsel or solicitors” and insert instead — “ agents ”. |
|
s. 87 |
Delete “justices commit” and insert instead — “ a court of summary jurisdiction commits ”. Delete “they may” and insert instead — “ it may ”. Delete “in the place for which they are then acting”. Delete “they think” and insert instead — “ it thinks ”. |
|
s. 88 |
Delete “justices commit” and insert instead — “ a court of summary jurisdiction commits ”. Delete “they commit” and insert instead — “ it commits ”. Delete “they must” and insert instead — “ it must ”. |
|
s. 90 |
Delete “justices are” and insert instead — “ a court of summary jurisdiction is ”. Delete “they” and insert instead — “ it ”. Delete “their” and insert instead — “ its ”. |
|
s. 91 |
Delete “justices who are there present” and insert instead — “ court ”. |
|
s. 92 |
Delete “justices have” and insert instead — “ a court of summary jurisdiction has ”. Delete “need not be entered into before the same justices, but”. Delete “the same or any other justice or justices or before any clerk of petty sessions” and insert instead — “ any magistrate, justice or registrar ”. Delete “justices shall apply as if the recognisances had been entered into before such justices as heretofore by law required.” and insert instead — “ a justice shall apply. ”. |
|
s. 93 |
Delete “any justice” and insert instead — “ any magistrate, justice or registrar ”. Delete the passage beginning with “and such justice” and ending with “has taken place”. |
|
s. 97 |
Delete “justices” and insert instead — “ a court of summary jurisdiction ”. |
|
s. 97A(1) |
Delete “before justices” and insert instead — “ before the court ”. Delete “the justices” and insert instead — “ the court ”. |
|
s. 98 |
Delete “justices” in the 2 places it occurs and in each place insert instead — “ court ”. |
|
s. 99(2) |
Delete “justices” and insert instead — “ court ”. |
|
s. 99(3) |
Delete “justices decide” and insert instead — “ court decides ”. Delete “justices shall” and insert instead — “ court shall ”. |
|
s. 99(4) |
Delete “justices decide” and insert instead — “ court decides ”. Delete “justices shall” and insert instead — “ court shall ”. |
|
s. 99(5) |
Delete “justices” and insert instead — “ court ”. Delete “them” and insert instead — “ it ”. |
|
s. 100(1) |
Delete “justices have” and insert instead — “ court has ”. |
|
s. 100(2) |
Delete “justices” and insert instead — “ court ”. |
|
s. 100(3) |
Delete “clerk of petty sessions” and insert instead — “ court ”. |
|
s. 100(4) |
Delete “justices are” and insert instead — “ court is ”. Delete “justices may” and insert instead — “ court may ”. |
|
s. 101(1) |
Delete “justices” and insert instead — “ court ”. |
|
s. 101(2) |
Delete “justices” and insert instead — “ court ”. |
|
s. 101(3) |
Delete “justices” and insert instead — “ court ”. After “Attorney General,” insert — “ DPP, ”. After “appointed” insert — “ or authorised ”. |
|
s. 101A |
Delete “justices” and insert instead — “ court ”. |
|
s. 102(1) |
Delete “justices” and insert instead — “ court ”. |
|
s. 102(2) |
Delete “justices” and insert instead — “ court ”. |
|
s. 103(1) |
Delete “clerk of petty sessions” and insert instead — “ court ”. |
|
s. 103(4) |
Delete “justices” and insert instead — “ court ”. Delete “justices are” and insert instead — “ court is ”. |
|
s. 103(6) |
Delete “justices hear and determine” and insert instead — “ court hears and determines ”. Delete “justices may” and insert instead — “ court may ”. Delete “without their” and insert instead — “ without its ”. |
|
s. 103(7) |
Delete “justices may” and insert instead — “ court may ”. Delete “justices think” and insert instead — “ court thinks ”. |
|
s. 104(1) |
Delete “justices are” and insert instead — “ court is ”. Delete “tendered to them” and insert instead — “ tendered to it ”. Delete “they are” in the 2 places where it occurs and in each place insert instead — “ it is ”. |
|
s. 104(2) |
Delete “justices” and insert instead — “ court ”. Delete “before them” and insert instead — “ before it ”. |
|
s. 104(3) |
Delete “justices are” and insert instead — “ court is ”. |
|
s. 104(4) |
Delete “justices are” and insert instead — “ court is ”. |
|
s. 107(1) |
Delete “justices” in the 3 places it occurs and in each place insert instead — “ court ”. Delete “they” and insert instead — “ it ”. |
|
s. 107(2) |
Delete “clerk of petty sessions” and insert instead — “ registrar ”. |
|
s. 109(1) |
Delete “before justices”. Delete “the justices” and insert instead — “ the judicial officer ”. |
|
s. 109(2) |
Delete “justices by or before” and insert instead — “ judicial officer by ”. |
|
s. 111 |
Delete “of any justice” and insert instead — “ of a magistrate, justice or registrar ”. Delete “for any justice” and insert instead — “ for that officer ”. Delete “the justice” in the 2 places it occurs and in each place insert instead — “ the officer ”. Delete “magistrate for the district in which he has taken the same” and insert instead — “ registrar of the relevant court of summary jurisdiction ”. |
|
s. 112 |
Delete “justice” and insert instead — “ officer ”. Delete “counsel or solicitor” and insert instead — “ agent ”. |
|
s. 113 |
Delete “ a judge or the justice” and insert instead — “ the court ”. |
|
s. 123 |
Delete “justices” and insert instead — “ court ”. Delete “their” and insert instead — “ a ”. |
|
s. 124 |
Delete “justices” and insert instead — “ court of summary jurisdiction ”. Delete “they may think” and insert instead — “ it thinks ”. |
|
s. 125 |
Delete “justices” in the 2 places it occurs and in each place insert instead — “ judicial officer ”. |
|
s. 126 |
Delete “justices” in the 2 places it occurs and in each place insert instead — “ court of summary jurisdiction ”. Delete “whom” and insert instead — “ which ”. After “Attorney General” insert — “ , DPP ”. After “appointed” insert — “ or authorised ”. Before “justice” insert — “ magistrate or ”. |
|
s. 127 |
Delete “justices” and insert instead — “ registrar ”. After “Attorney General,” insert — “ DPP, ”. After “appointed” insert — “ or authorised ”. |
|
s. 128 |
After “Attorney General,” insert — “ DPP, ”. After “appointed” insert — “ or authorised ”. Delete “justices” and insert instead — “ registrar of the court of summary jurisdiction ”. |
|
s. 129 |
After “Attorney General” where it occurs first insert — “ , DPP, ”. After “appointed” insert — “ or authorised ”. Delete “in a district”. After “Attorney General” in the second place it occurs insert — “ or DPP ”. |
|
s. 130 |
After “a court” insert — “ (the “superior court”) ”. Delete “justices or any other justices” and insert instead — “ court ”. Delete “such court” in the first place it occurs and insert instead — “ the superior court ”. Delete “them” in the first place where it occurs and insert instead — “ the committing court ”. Delete “the court” in the first 2 places it occurs and in each place insert instead — “ the superior court ”. Delete “same or any other justices, or such court,” and insert instead — “ committing court or the superior court ”. Delete “the justices or the court” and insert instead — “ it ”. Delete “of justices” and insert instead — “ of a court of summary jurisdiction ”. Delete “them” in the second place where it occurs and insert instead — “ it ”. |
|
s. 134 |
Delete “justices” and insert instead — “ court of summary jurisdiction ”. Delete “, his counsel, or solicitor, the justices” and insert instead — “ or his agent, the court ”. Delete “they think” in the 2 places it occurs and in each place insert instead — “ it thinks ”. Delete “they may” and insert instead — “ it may ”. |
|
s. 135(1) |
Delete “the justices may” and insert instead — “ the court of summary jurisdiction may ”. Delete “their warrant” in the 2 places it occurs and in each place insert instead — “ a warrant ”. Delete “ before justices” and insert instead — “ before the court ”. Delete “clerk of petty sessions” and insert instead — “ court ”. Delete “the justices shall” and insert instead — “ the court shall ”. |
|
s. 135(1a) |
Delete “clerk of petty sessions” and insert instead — “ court ”. Delete “by the clerk” and insert instead — “ by the court ”. Delete “solicitor” and insert instead — “ agent ”. Delete “to the clerk” and insert instead — “ to the court ”. Delete “the justices” and insert instead — “ the court ”. Delete “their warrant” and insert instead — “ a warrant ”. Delete “ before justices” and insert instead — “ before the court ”. |
|
s. 135(1b) |
Delete “the solicitor of the defendant” in the 2 places it occurs and in each place insert instead — “ his agent ”. |
|
s. 135(3) |
Delete “justices” and insert instead — “ the court ”. |
|
s. 136(1) |
Delete “clerk of petty sessions in the place at” and insert instead — “ court of summary jurisdiction before ”. |
|
s. 136(2) |
Delete “the clerk of petty sessions” and insert instead — “ the court ”. Delete “that clerk of petty sessions” and insert instead — “ the registrar of the court ”. Delete “solicitor or counsel” and insert instead — “ agent ”. Delete “before the court of petty sessions” and insert instead — “ before the court ”. Delete “justices” and insert instead — “ court ”. |
|
s. 136(3) |
Delete “clerk of petty sessions referred to in subsection (2)” and insert instead — “ court ”. Delete “before the court of petty sessions” and insert instead — “ before the court ”. Delete “justices” and insert instead — “ court ”. |
|
s. 136(4) |
Delete “clerk of petty sessions” and insert instead — “ registrar ”. Delete “justices have” and insert instead — “ court has ”. Delete “registered”. |
|
s. 136(5) |
Delete “The justices” and insert instead — “ The court ”. Delete “clerk of petty sessions” and insert instead — “ registrar ”. Delete “their warrant” and insert instead — “ a warrant ”. Delete “before justices” and insert instead — “ before the court ”. |
|
s. 136(6) |
Delete “petty sessions” and insert instead — “ summary jurisdiction ”. |
|
s. 136B(1) |
Delete “the justices proceed” and insert instead — “ a court of summary jurisdiction, other than the Children’s Court, proceeds”. |
|
s. 136B(2) |
Delete “the justices make a determination such as is mentioned in subsection (1)” and insert instead — “ a court makes such a determination ”. Delete “to justices” and insert instead — “ to the court ”. Delete “application for leave to”. Delete “court or Judge hearing that application” and insert instead — “ Supreme Court ”. Delete “justices, court or Judge” and insert instead — “ court hearing the application under this subsection ”. |
|
s. 137(1) |
After “appear” insert — “ before a court of summary jurisdiction ”. Delete “counsel or solicitor” and insert instead — “ an agent ”. Delete “justices” and insert instead — “ court ”. |
|
s. 137(2) |
Delete “clerk of petty sessions” and insert instead — “ the court ”. Delete “justices” and insert instead — “ court ”. |
|
s. 138 |
Delete “justices present at the hearing” and insert instead — “ court ”. |
|
s. 138A |
Delete “justices” and insert instead — “ court ”. |
|
s. 139 |
Delete “justices” in the 2 places it occurs and in each place insert instead — “ court ”. |
|
s. 140 |
Delete “counsel or solicitor, the justices then present” and insert instead — “ an agent, the court ”. Delete “justices may” and insert instead — “ court may ”. |
|
s. 141 |
Delete “before justices” and insert instead — “ before a court of summary jurisdiction ”. Delete “, his counsel, or solicitor” in the 2 places it occurs and in each place insert instead — “ or his agent ”. Delete “the justices” and insert instead — “ the court ”. |
|
s. 142 |
Delete “the justices dismiss” and insert instead — “ a court of summary jurisdiction dismisses ”. Delete “they may” and insert instead — “ it may ”. Delete “they think” and insert instead — “ it thinks ”. |
|
s. 143(1) |
Delete “the justices shall, if they find” and insert instead — “ a court of summary jurisdiction shall, if it finds ”. Delete “they found” and insert instead — “ it found ”. Delete “they so” and insert instead — “ it so ”. |
|
s. 143(2) |
Delete “justices find” and insert instead — “ the court finds ”. |
|
s. 146(1) |
Delete “justices” and insert instead — “ a court of summary jurisdiction ”. |
|
s. 146(2) |
Delete “justices shall record their” and insert instead — “ a court of summary jurisdiction shall record its ”. |
|
s. 147 |
Delete “, or be removed by certiorari or otherwise into the Supreme Court,”. |
|
s. 148 |
Repeal the section. |
|
s. 150 |
Delete “justices convict” and insert instead — “ a court of summary jurisdiction convicts ”. Delete “justices may” and insert instead — “ court may ”. After “Act 1995” insert — “ or under the Young Offenders Act 1994 as the case requires”. |
|
s. 154A(1) |
Delete “petty sessions” and insert instead — “ summary jurisdiction ”. Delete “justices” and insert instead — “ a court of summary jurisdiction ”. |
|
s. 155(2) |
Delete “justices make” and insert instead — “ a court of summary jurisdiction makes ”. |
|
s. 155(4) |
Delete “a clerk of petty sessions” and insert instead — “ a registrar of a court of summary jurisdiction ”. |
|
s. 159(1) |
Delete “justices make” and insert instead — “ a court of summary jurisdiction makes ”. Delete “or an order under Part VII, they” and insert instead — “ it ”. Delete “the justices” and insert instead — “ the court ”. |
|
s. 159(2) |
Delete “justices who” and insert instead — “ court that ”. Delete “, or another justice,”. |
|
s. 186(1) |
Delete “application for leave to”. Delete “justices” and insert instead — “ court of summary jurisdiction ”. |
|
s. 186(2) |
Delete “application may be made for leave to appeal” and insert instead — “ appeal may be made ”. |
|
s. 187 |
Repeal the section. |
|
s. 188 |
Repeal the section. |
|
s. 189 |
Repeal the section. |
|
s. 190 |
Repeal the section. |
|
s. 191 |
Delete “Except where section 190 applies, the” and insert instead — “ The ”. Delete “justices” and insert instead — “ court of summary jurisdiction ”. |
|
s. 193(1) |
Delete “On granting leave to appeal, the Judge” and insert instead — “ At any time after an appeal is commenced, the Court ”. Delete “he” and insert instead — “ it ”. Delete “justices” and insert instead — “ court of summary jurisdiction ”. |
|
s. 193(2) |
Delete “Any Judge” and insert instead — “ The Court ”. |
|
s. 193(3a) |
Delete “leave to appeal is granted in respect of” and insert instead — “ an appeal is commenced against ”. |
|
s. 194(1) |
Delete “granting of leave to” and insert instead — “ commencement of an ”. |
|
s. 194(2) |
Delete “is received by the clerk of petty sessions that leave to appeal has been granted in respect of a decision” and insert instead — “ of an appeal against a decision is received by a lower court registrar ”. |
|
s. 196(1) |
Delete “justices” and insert instead — “ court of summary jurisdiction ”. |
|
s. 196(2) |
Delete “justices on” and insert instead — “ court of summary jurisdiction on ”. Delete “the justices as” and insert instead — “ that court as ”. |
|
s. 200(1) |
Delete “justices as” and insert instead — “ court of summary jurisdiction as ”. Delete “justices, and” and insert instead — “ court of summary jurisdiction, and ”. |
|
s. 200(4) |
Delete “section 27” and insert instead — “ section 223 ”. |
|
s. 200(6) |
Delete “Justices or a magistrate” and insert instead — “ The court of summary jurisdiction ”. |
|
s. 201(1) |
Delete “any justices” and insert instead — “ a court of summary jurisdiction ”. |
|
s. 202(1) |
Delete “clerk of petty sessions” and insert instead — “ court of summary jurisdiction ”. |
|
s. 202(2) |
Delete “clerk of petty sessions” and insert instead — “ court of summary jurisdiction ”. |
|
s. 203(3) |
Delete “justices” and insert instead — “ court of summary jurisdiction ”. |
|
s. 204(1) |
Delete “clerk of petty sessions” and insert instead — “ court of summary jurisdiction ”. |
|
s. 206B(1) |
Delete “justices” and insert instead — “ a court of summary jurisdiction ”. Delete “for which leave is granted under section 187,” and insert instead — “ commenced under Division 1, ”. Delete “clerk of petty sessions” and insert instead — “ lower court registrar ”. |
|
s. 206B(2) |
Delete “is received by the clerk of petty sessions that leave to appeal has been granted in respect of any decision” and insert instead — “ of an appeal against a decision is received by a lower court registrar ”. |
|
s. 206B(3) |
Delete “an appeal is brought under section 189 or”. |
|
s. 206B(4) |
Delete “clerk of petty sessions” and insert instead — “ lower court registrar ”. Delete “appeal under section 189 or”. |
|
s. 206B(5) |
Delete “a justice, the clerk of petty sessions” and insert instead — “ a magistrate, the lower court registrar ”. Delete “to the clerk” in the 2 places where it occurs and in each place insert instead — “ to the lower court registrar ”. |
|
s. 206B(6) |
Delete “clerk of petty sessions” and insert instead — “ lower court registrar ”. |
|
s. 207 |
Delete “any justices exercising a summary jurisdiction, unless such justices, or one of them,” and insert instead — “ a court of summary jurisdiction unless the court ”. |
|
s. 208 |
Delete “of the justices” and insert instead — “ of the court of summary jurisdiction ”. Delete “before the justices” and insert instead — “ before that court ”. |
|
s. 215 |
Delete “a solicitor” and insert instead — “ an agent ”. Delete “such solicitor” in the 3 places it occurs and in each place insert instead — “ such agent ”. |
|
First Schedule |
Repeal the Schedule. |
|
Second Schedule |
Repeal the Schedule. |
|
Third Schedule |
Repeal the Schedule. |
51. Various headings deleted or replaced
(1) The following headings are deleted —
(a) “Complaints” before section 42;
(b) “Variance and amendment” before section 46;
(c) “Complaints, how made” before section 49;
(d) “Limitation” before section 51;
(e) “Summons” before section 52;
(f) “Service, endorsement, and proof of service” before section 56;
(g) “Warrants in the first instance” before section 58;
(h) “Direction of warrants” before section 60;
(i) “Form of warrant” before section 61;
(j) “Counsel and solicitor” before section 68;
(k) “Evidence” before section 69;
(l) “Witnesses in general” before section 74;
(m) “Remand and adjournment” before section 79;
(n) “Committal and recognisance” before section 87;
(o) “Recognisances generally” before section 92;
(p) “Execution of warrants of commitment” before section 95;
(q) “Regulations and forms” before section 96;
(r) “Warrant of deliverance” before section 123;
(s) “Witnesses where committal for trial” before section 124;
(t) “Transmission of depositions, etc.” before section 127;
(u) “Recommittal” before section 130;
(v) “Complainant’s default” before section 134;
(w) “Defendant’s default” before section 135;
(x) “Decisions given in default of appearance of any party may be set aside” before section 136A;
(y) “Hearing” before section 137;
(z) “Practice” before section 141;
(aa) “Dismissal” before section 142;
(bb) “No certiorari” before section 147;
(cc) “Party’s access to records etc.” before section 148;
(dd) “Costs” before section 151;
(ee) “Enforcement of recognisances” before section 154A;
(ff) “Enforcing orders to pay money” before section 155;
(gg) “Enforcing other orders” before section 159;
(hh) “Right of appeal by leave” before section 184;
(ii) “Determination of application for leave” before section 187;
(jj) “Sentence pending disposal of appeal” before section 193;
(kk) “Determination of appeal” before section 196;
(ll) “Discontinuance and abandonment of appeal” before section 204;
(mm) “Habeas corpus” before section 207;
(nn) “Service of notices” before section 215;
(oo) “Costs” before section 219.
(2) The heading “Definitions” before section 183 is deleted and the following heading is inserted instead —
“
Division 1 — Appeals from courts of summary jurisdiction
”.
(3) The heading “Appeal to Full Court” before section 206A is deleted and the following heading is inserted instead —
“
Division 2 — Appeals from single Judges’ decisions on appeal
”.
(4) The heading “General” before section 206B is deleted and the following heading is inserted instead —
“
Division 3 — General
”.
Division 2 — Transitional provisions
52. Interpretation
In this Division —
“commencement” means the commencement of this Division.
53. Justices of the Peace
(1) If immediately before commencement a person is a Justice of the Peace appointed under the Justices Act 1902 section 6, then on commencement the person is to be taken to have been appointed as a Justice of the Peace under the Justices of the Peace Act 2004 section 10 —
(a) for the whole State if he or she, immediately before commencement, was appointed for the whole State; or
(b) for the part of the State for which he or she, immediately before commencement, was appointed,
as the case may be.
(2) If immediately before commencement a person is a Justice of the Peace by virtue of the Justices Act 1902 section 9, then on commencement the person continues to be a Justice of the Peace until the person’s term of office as the mayor of a city or town or as the president of a shire, as the case may be, ends under the Local Government Act 1995 or until the person otherwise ceases to hold that office of mayor or president, whichever happens first.
54. Clerks of petty sessions
(1) If immediately before commencement a person holds office under the Justices Act 1902 section 25A as a clerk of petty sessions, then on commencement the person is to be taken to have been appointed —
(a) in the case of a person who immediately before commencement —
(i) is an employee of the department principally assisting the Minister with the administration of the Justices Act 1902; and
(ii) does not hold office under the Local Courts Act 1904 section 13 as a clerk,
under the Magistrates Court Act 2004 section 26(2) as a Deputy Registrar of the Magistrates Court;
(b) in the case of a person who immediately before commencement is a police officer — under the Magistrates Court Act 2004 section 26(2) and (5) as a Deputy
(c) in any other case — under the Magistrates Court Act 2004 section 26(2) and (6) as a Registrar of the Magistrates Court.
(2) A reference in a written law or book, document or writing to a clerk of petty sessions is, unless the contrary intention appears, to be construed as if it had been amended to be a reference to a registrar of the Magistrates Court.
55. Pending
If immediately before commencement proceedings are pending before justices or a court of petty sessions, then on commencement the proceedings —
(a) are to be taken to be proceedings before the Magistrates Court; and
(b) shall be heard and determined by the Magistrates Court in accordance with —
(i) if immediately after commencement the proceedings are within the criminal jurisdiction of the court, the law governing the procedure for cases within that jurisdiction;
(ii) if immediately after commencement the proceedings are within the civil jurisdiction of the court, the law governing the procedure for cases within that jurisdiction.
56. Existing summonses and warrants
(1) If immediately before commencement a summons or warrant issued under the Justices Act 1902 is in force, then on commencement the summons or warrant is to be taken to be a summons or warrant issued by the Magistrates Court under the Criminal Procedure (Summary) Act 1902.
(2) If immediately before commencement a summons or warrant is in force and requires a person to attend or to be brought before justices or a court of petty sessions, then on commencement the summons or warrant is to be taken to require the person to attend or to be brought before the Magistrates Court at the place specified in the summons or warrant.
57. References to Justices Act 1902 to be read as references to Criminal Procedure (Summary)
A reference in a written law or book, document or writing to the Justices Act 1902 is, unless the contrary intention appears, to be construed as if it had been amended to be a reference to the Criminal Procedure (Summary) Act 1902.
58. References to ‘court of petty sessions’ to be read as references to the ‘Magistrates Court’
A reference in a written law or book, document or writing to a court of petty sessions is, unless the contrary intention appears, to be construed as if it had been amended to be a reference to the Magistrates Court.
Part 7 — Children’s Court of Western Australia Act 1988 amended
59. Act amended by this Part
The amendments in this Part are to the Children’s Court of Western Australia Act 1988*.
[* Reprinted as at 25 August 2000.
For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 54.]
60. Section 3 amended
Section 3 is amended as follows:
(a) by deleting the definition of “clerk”;
(b) by deleting the full stop after the definition of “President” and inserting instead a semicolon;
(c) by inserting after the definition of “President” —
“
“registrar”, in relation to the Court sitting at a place, means the person appointed under this Act to be the registrar of the Court at that place.
”.
61. Section 4 replaced
Section 4 is repealed and the following section is inserted instead —
“
4. Application of certain Acts
(1) The following provisions of the Magistrates Court Act 2004 apply to and in relation to the Court and its officers in the same way as they apply to and in relation to the Magistrates Court and its officers —
(a) Part 3 Division 2;
(b) sections 35 and 36.
(2) The Criminal Procedure (Summary) Act 1902 applies to and in respect of proceedings before the Court as a court of summary jurisdiction unless this Act provides otherwise.
”.
62. Section 6A inserted
After section 6 the following section is inserted —
“
6A. Protection of judicial officers
(1) A Judge or a magistrate has, in the performance of his or her functions as a Judge or a magistrate, the same protection and immunity as a Judge of the Supreme Court has in the performance of his or her duties as a Judge.
(2) A JP has, in the performance of his or her functions when constituting the Court, the same protection and immunity as a Judge of the Supreme Court has in the performance of his or her duties as a Judge.
”.
63. Section 10 replaced
Section 10 is repealed and the following section is inserted instead —
“
10. Magistrates, appointment of
(1) The Governor may appoint a person who is qualified to be appointed as a magistrate of the Magistrates Court as a magistrate of the Children’s Court.
(2) The appointment of a magistrate of the Children’s Court is to be by a commission under the Public Seal of the State.
(3) The Governor may appoint as many magistrates as are needed to deal with the workload of the Court.
(4) A magistrate of the Magistrates Court may be appointed to be contemporaneously a magistrate of the Children’s Court.
(5) Section 6(3), (4) and (5) of, and clauses 5, 9 (except clause 9(9)), 10 (except clause 10(7)) and 11 to 16 of Schedule 1 to, the Magistrates Court Act 2004, with any necessary changes, apply as if —
(a) each reference in those provisions to “the Court” were a reference to “the Children’s Court”;
(b) each reference in those provisions to “magistrate” were a reference to “magistrate of the Children’s Court”; and
(c) the reference in section 6(5) of that Act to section 37 of that Act were a reference to section 6A of this Act.
”.
64. Section 11 rep
Section 11 is repealed.
65. Section 12 amended
Section 12(1a)(b) is deleted and the following paragraph is inserted instead —
“
(b) a magistrate who has taken the oath or affirmation under clause 4 of Schedule 1 to the Magistrates Court Act 2004.
”.
66. Section 13 replaced
Section 13 is repealed and the following section is inserted instead —
“
13. Where and when the Court operates
(1) The Court is to have registries at such places, including places outside the State, as the Minister, by written notice to the President, decides from time to time.
(2) At places where it has a registry, the Court is to sit at such times as the President decides from time to time.
(3) Public notice of decisions made under subsections (1) and (2) is to be given in such manner as the President decides.
(4) Despite subsection (2), the Court may exercise its jurisdiction at any time and place, but must not do so at a place outside the State without the approval of the President.
(5) The President may direct a Judge, magistrate or JP to sit at any place where the Court has a registry and may direct concurrent sittings of the Court at the same place for the prompt disposal of the Court’s functions.
(6) This section does not permit the Court, when constituted by an acting magistrate of the Court appointed under clause 10 of Schedule 1 to the Magistrates Court Act 2004 (as applied by section 10(5)), to exercise its jurisdiction at a place outside the geographical area in which the acting magistrate may perform the functions of a magistrate.
”.
67. Section 16
Section 16 is repealed and the following section is inserted instead —
16. Appointment of registrars, etc.
(1) The Minister shall appoint, for each registry of the Court, a registrar and such deputy registrars and other officers as may be needed to deal with the workload of the Court.
(2) A person appointed to be a registrar of the Magistrates Court is to be taken to also have been appointed as a registrar of the Children’s Court and vice versa.
(3) A person appointed to be a deputy registrar of the Magistrates Court is to be taken to also have been appointed as a deputy registrar of the Children’s Court and vice versa.
”.
68. Section 19 amended
(1) Section 19(1) is repealed and the following subsections are inserted instead —
“
(1) The Court has exclusive jurisdiction to hear and determine a complaint of an offence alleged to have been committed by a child.
(1a) Subsection (1) is subject to this Part and these enactments —
(a) the Young Offenders Act 1994 Part 5 Division 2;
(b) the Sentencing Act 1995 sections 78, 128 and 132.
”.
(2) After section 19(2a) the following subsection is inserted —
“
(3) In exercising the jurisdiction conferred by this section, the Court when constituted so as not to consist of or include a Judge is a court of summary jurisdiction, subject to section 19B(4)(d).
”.
69. Section 19B amended
(1) Section 19B(4)(a)(i) and “and” after it are deleted and the following is inserted instead —
“
(i) to serve or cause to be served on the child (or the child’s solicitor or counsel) and to lodge with the Court, within such time as is specified, any document that is required to be disclosed under section 611B of The Criminal Code; and
”.
(2) Section 19B(4)(c) is amended by inserting after “the charge” the following —
“
, and may exercise any power in Part VIII of The Criminal Code,
”.
(3) Section 19B(4)(d) is amended by inserting after “indictment” the following —
“
, notwithstanding that the child may have been convicted by the Court when constituted other than by a Judge
”.
70. Section 32 replaced
Section 32 is repealed and the following section is inserted instead —
“
32. Representation in court
Section 68 of the Criminal Procedure (Summary) Act 1902, with any necessary changes, applies in respect of the Court when —
(a) it is not a court of summary jurisdiction; or
(b) it is exercising jurisdiction under section 20.
”.
71. Section 51A inserted
After section 51 the following section is inserted —
“
51A. Court’s records, access to
(1) In this section —
“court record”, in relation to proceedings before the Court, means —
(a) any formal document that has been filed with or issued by the Court in accordance with law and that forms part of the Court’s records;
(b) the transcript of —
(i) evidence taken by the Court in the proceedings;
(ii) any judgment (including the reasons for it) given by the Court in the proceedings;
(c) any document received into evidence in the proceedings;
(d) any written judgment (including the reasons for it) given, or written orders made, by the Court in the proceedings;
“reasons”, in relation to a judgment, includes sentencing remarks.
(2) This section is subject to any other written law that relates to the possession or publication of documents and other records or to the possession of any thing.
(3) In respect of criminal proceedings before the Court, each of the following people is entitled, on request, to inspect or obtain a copy of any document that is part of the court record and any document received by the Court in sentencing proceedings —
(a) a party to the proceedings;
(b) the Commissioner of Police;
(c) the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1991;
(d) the Corruption and Crime Commission established under the Corruption and Crime Commission Act 2003;
(e) the Chief Assessor appointed under the Criminal Injuries Compensation Act 2003;
(f) the Parliamentary Commissioner for Administrative Investigations appointed under the Parliamentary Commissioner Act 1971;
(g) the chief executive officer of the department of the Public Service principally assisting in the administration of the Young Offenders Act 1994;
(h) the chief executive officer of the department of the Public Service principally assisting in the administration of the licensing provisions of the Road Traffic Act 1974;
(i) a person authorised by one of the above persons;
(j) a person prescribed by the regulations.
(4) In respect of proceedings before the Court that are not criminal proceedings a party to the proceedings may, on request, inspect or obtain a copy of any document that is part of the court record.
(5) With the leave of the Court a person who is not referred to in subsection (3) or (4) may inspect or obtain a copy of any document that is part of the court record.
(6) With the leave of the Court any person may inspect or obtain a copy of any thing (other than a document) received by the Court in proceedings, on which information is recorded or stored, such as a photograph, tape or disc.
(7) With the leave of the Court a person may listen to or view a recording of proceedings before the Court.
(8) When giving leave under this section the Court may impose any conditions on the person’s access to information, including a condition prohibiting or limiting the publication or use of the information.
(9) A decision by the Court under this section is administrative and is final and not subject to any form of review.
(10) The regulations may prescribe fees to be paid for inspecting, obtaining copies of or listening to information under this section.
”.
72. Section 53 replaced
Section 53 is repealed and the following section is inserted instead —
“
53. Fees, regulations may prescribe
(1) Without limiting section 52, regulations may provide for or prescribe the fees to be paid in respect of or in connection with any case in the Court’s jurisdiction.
(2) Without limiting subsection (1), regulations may provide for or prescribe the fees to be paid —
(a) when commencing a case in the Court;
(b) when entering a case for trial or at any other stage of proceedings in a case;
(c) when lodging a document with the Court;
(d) for the issue of any document by the Court;
(e) for the service of any document;
(f) in respect of the conduct of the business of any office of or connected with the Court; and
(g) for the carrying out of any order or warrant of the Court.
(3) Without limiting subsection (1), regulations may prescribe the fees and expenses to be paid to mediators and experts.
(4) All fees received by the Court are to be credited to the Consolidated Fund.
”.
73. Other amendments
The Act is amended as set out in the Table to this section.
Table
Part 8 — Coroners Act 1996 amended
74. Act amended by this Part
The amendments in this Part are to the Coroners Act 1996*.
[* Reprinted as at 3 August 2001.
For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 81 and Acts Nos. 15 and 28 of 2003.]
75. Section 12 replaced and transitional provision
(1) Section 12 is repealed and the following section is inserted instead —
“
12. Coroner’s registrars
(1) Coroner’s registrars are to be appointed under Part 3 of the Public Sector Management Act 1994.
(2) A registrar of the Magistrates Court may act as a coroner’s registrar if an investigation is held at a court house where the Magistrates Court sits.
”.
(2) If immediately before the commencement of this section a person holds office as a Coroner’s clerk, then on the commencement the person is to be taken to have been appointed as a Coroner’s registrar.
76. Other amendments
The Act is amended as set out in the Table to this section.
Table
|
s. 3 |
Delete the definition of “coroner’s clerk” and insert instead — “ “coroner’s registrar” means a person referred to in section 12; ”. |
|
s. 6(3) |
Delete “Chief Stipendiary Magistrate appointed under the Stipendiary Magistrates Act 1957” and insert instead — “ Chief Magistrate of the Magistrates Court ”. |
|
s. 10 s. 13 s. 15 s. 26(1) s. 45(2) |
In each provision delete “clerk” in each place it occurs and in each place insert instead — “ registrar ”. |
|
Part 2 Division 3 |
In the heading to Division 3 delete “clerks” and insert instead — “ registrars ”. |
|
s. 21(1) |
Delete “Subject to section 10 of the Stipendiary Magistrates Act 1957,” and insert instead — “ With the prior approval of the Chief Magistrate of the Magistrates Court, ”. |
|
s. 46(4) |
After “the person” insert — “ and bring him or her before a coroner ”. |
|
s. 46(5) |
Repeal the subsection and insert instead — “ (5) If under a warrant issued under subsection (4) a person is brought before a coroner, the coroner may order that the person be kept in custody until it is practicable to take or receive evidence from the person, but in any event for not longer than 7 days. ”. |
Part 9 — The Criminal Code amended
77. The Criminal Code amended by this Part
The amendments in this Part are to The Criminal Code*.
[* Reprint 10 as at 7 February 2003 (see the Schedule to the Criminal Code Act 1913 appearing as Appendix B to the Criminal Code Compilation Act 1913).
For subsequent amendments see Acts Nos. 25, 28 and 30 of 2003.]
78. Section 607B inserted
After section 607A the following section is inserted in Chapter LXIII —
“
607B. Summary convictions of indictable charges
The provisions of this Chapter that allow persons charged on indictment to be convicted of offences other than those with which they are charged apply to persons charged in courts of summary jurisdiction with indictable offences that may be heard and determined summarily.
”.
79. Section 714A inserted
After section 714 the following section is inserted —
“
714A. Orders as to seized property
(1) If a police officer is in possession (whether by virtue of a search warrant or otherwise) of property that is alleged to have been stolen or obtained by fraud and —
(a) any proceedings in relation to an offence allegedly committed in respect of the property have been concluded; or
(b) no offender can be found,
the Magistrates Court may order that the property —
(c) be delivered to the person who appears to be the rightful owner; or
(d) if the rightful owner cannot be identified or located, be forfeited to the State.
(2) Such an order does not prevent a person from recovering the property from the person to whom it is delivered or from the State, as the case may be, by action commenced within 6 months after the making of the order.
”.
80. Other amendments
The Criminal Code is amended as set out in the Table to this section.
Table
Part 10 — District Court of Western Australia Act 1969 amended
81. Act amended by this Part
The amendments is this Part are to the District Court of Western Australia Act 1969*.
[* Reprinted as at 19 January 2001.
For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 108 and Act No. 28 of 2003.]
82. Jurisdiction of the Court increased
(1) Section 6 is amended by inserting in the appropriate alphabetical position the following definition —
“
“jurisdictional limit” means $500 000 and, on and after 1 January 2009, means $750 000;
”.
(2) Section 50(1) is amended as follows:
(a) by deleting “$250 000” in each place it occurs and in each place inserting instead —
“ the jurisdictional limit ”;
(b) by deleting “$125 000” in each place it occurs and in each place inserting instead —
“ one half of the jurisdictional limit ”;
(c) in paragraph (d) by deleting “the sum of”.
(3) Section 51(1) is amended by deleting “$250 000” in each place it occurs and in each place inserting instead —
“ the jurisdictional limit ”.
(4) Section 60 is amended by deleting “$250 000” in each place it occurs and in each place inserting instead —
“ the jurisdictional limit ”.
83. Section 74 replaced
Section 74 is repealed and the following section is inserted instead —
“
74. Court may transfer case to Magistrates Court
(1) If an action or matter in the Court —
(a) is within the Magistrates Court’s jurisdiction;
(b) becomes within the Magistrates Court’s jurisdiction because the claim in the action or matter is reduced by a payment into court, an admitted set‑off, a judgment on part of the claim, or otherwise; or
(c) becomes within the Magistrates Court’s jurisdiction because its jurisdiction is increased,
the Court may order that the action or matter be transferred to the Magistrates Court.
(2) An order under subsection (1) may be made on the application of a party to the action or matter or by the Court on its own initiative.
(3) If the Court makes an order under subsection (1) it may also make any other necessary orders including orders as to —
(a) the registry of the Magistrates Court in which the action or matter is to be conducted;
(b) the payment of fees in the Magistrates Court; and
(c) the costs in the action or matter that relate to proceedings in the Court.
(4) If the Court makes an order under subsection (1) the Principal Registrar is to send the Court’s file to the registry of the Magistrates Court in which the action or matter is to be conducted.
(5) If an action or matter is transferred to the Magistrates Court under an order made under subsection (1) that court is to deal with the action or matter as if it had been commenced in that court.
”.
84. Section 89A replaced
Section 89A is repealed and the following section is inserted instead —
“
89A. Fees, regulations may prescribe
(1) The Governor may make regulations providing for or prescribing the fees to be paid —
(a) when commencing a cause or matter;
(b) when entering a cause or matter for trial or at any other stage of proceedings in a cause or matter;
(c) when lodging a document with the Court;
(d) for the issue of any document by the Court;
(e) for the service of any document;
(f) in respect of the conduct of the business of any office of or connected with the Court; and
(g) for the carrying out of any order or warrant of the Court.
(2) Without limiting subsection (1), regulations may prescribe the fees and expenses to be paid to mediators and experts.
(3) If a question arises as to the fee payable or applicable in a particular case, the question is to be decided by the Principal Registrar.
(4) A person affected by a decision of the Principal Registrar made under subsection (3) may have it reviewed by a District Court Judge in a summary way.
(5) All fees received by the Court are to be credited to the Consolidated Fund.
”.
85. Other amendments
The Act is amended as set out in the Table to this section.
Table
|
s. 5(2) |
Delete “Justices Act 1902” and insert instead — “ Criminal Procedure (Summary) Act 1902 ”. Delete “sections 39 and 115 and”. |
|
s. 6 |
Delete the definition of “Local Court”. Delete the definition of “bailiff”. Insert, in the appropriate alphabetical position — “ “Sheriff” means the Sheriff of Western Australia and any deputy sheriff appointed by the Sheriff of Western Australia; ”. |
|
s. 24(1) |
Delete “stipendiary magistrate appointed under or deemed to have been appointed under the Stipendiary Magistrates Act 1957,” and insert instead — “ magistrate ”. |
|
Part II Division 5 |
Delete the heading to Division 5 and insert instead — “ Division 5 — Registrars ”. |
|
s. 28 s. 29 s. 30 s. 31 s. 32 s. 33 s. 34 s. 35 s. 38 |
Repeal the sections. |
|
s. 53(1) |
Delete “, bailiff”. |
|
s. 56 s. 62 |
Repeal the sections. |
|
s. 63(1) |
In paragraph (a), delete “the bailiff” and insert instead — “ the Sheriff ”. Delete “a bailiff,” and insert instead — “ the Sheriff, a ”. |
|
s. 73 |
Repeal the section. |
|
s. 75 |
Repeal the section. |
|
s. 86A |
Repeal the section. |
|
s. 88(2)(e) |
Delete the paragraph. |
Part 11 — Evidence Act 1906 amended
86. Act amended by this Part
The amendments in this Part are to the Evidence Act 1906*.
[* Reprint 12 as at 10 October 2003.]
87. Section 25A inserted
After section 25 the following section is inserted —
“
25A. Cross‑examination by accused in person
(1) In any criminal proceeding where an accused person who is not represented by counsel wishes to cross‑examine a witness, the court, having regard to the nature of the charge, the wishes of the witness, and the availability of any necessary facilities or equipment, may —
(a) order that during the cross‑examination the accused person and the witness are to be in separate rooms and that either —
(i) the witness is to be in a room outside the courtroom that is connected to the courtroom by a video link as defined in section 120; or
(ii) the accused person is to be held in a room outside the courtroom that is connected to the courtroom by a video link as defined in section 120;
(b) if it is not possible to make an order under paragraph (a), an order that during the cross‑examination the accused person and the witness are to be separated by a screen, one‑way glass, or other device, that —
(i) prevents the witness from seeing the accused person; and
(ii) allows the accused person, the judge and any jury to see the witness;
(c) whether or not an order is made under paragraph (a) or (b), make an order that forbids the accused person from putting a question to the witness directly and requires the question, having been first stated by the accused person to the judge or a person approved by the judge, to be repeated accurately to the witness by the judge or approved person.
(2) An order made under subsection (1)(a)(ii) may be made despite section 635 of The Criminal Code.
(3) An order made under subsection (1) may be varied or revoked at any time.
(4) If an order is made under subsection (1) in proceedings before a jury, the judge is to instruct the jury that the procedure used for the cross‑examination is a routine practice of the court and that they should not draw any inference as to the accused person’s guilt from the use of the procedure.
(5) This section is in addition to and does not limit the operation of sections 106A to 106T, and does not prevent orders from being made under both subsection (1) and one or more of those sections.
”.
88. Section 96 replaced
Section 96 is repealed and the following section is inserted instead —
“
96. Supreme Court Judge’s powers may be exercised by other judicial officers
The powers of a Judge of the Supreme Court under this Act in regard to banker’s books may be exercised in any legal proceeding presided over by —
(a) a Judge of the District Court of Western Australia;
(b) a Judge of the Family Court of Western Australia;
(c) a person exercising the jurisdiction of the Magistrates Court;
(d) a person exercising the jurisdiction of the Children’s Court of Western Australia.
”.
89. Other amendments
The Act is amended as set out in the Table to this section.
Table
|
s. 3 |
In the definition of “court”, delete “a Local Court” and insert instead — “ the Magistrates Court ”. In the definition of “judge”, delete “a stipendiary magistrate,” and insert instead — “ a magistrate of the Magistrates Court, ”. In the definition of “judge”, delete “and any member or members of the Children’s Court of Western Australia”. |
|
s. 11(3) |
Repeal the subsection and insert instead — “ (3) In subsections (1) and (2), “judge” does not include a justice of the peace when constituting the Magistrates Court or the Children’s Court, whether sitting alone or with another justice of the peace. ”. |
|
s. 12(5) |
Repeal the subsection and insert instead — “ (5) In subsections (1) and (4), “judge” does not include a justice of the peace when constituting the Magistrates Court or the Children’s Court, whether sitting alone or with another justice of the peace. ”. |
|
s. 106H(2b) s. 107(1) s. 108(2) |
In each provision delete “Justices Act 1902” and insert instead — “ Criminal Procedure (Summary) Act 1902 ”. |
|
s. 56(b) |
After “stipendiary” insert — “ or other ”. |
|
s. 85 |
Delete “any stipendiary magistrate, the magistrate or any 2 or more justices of the peace exercising the power of the court under the Local Courts Act 1904,” and insert instead — “ any magistrate of the Magistrates Court, ”. |
|
s. 88 |
Delete “shall forfeit and pay a sum not exceeding $200, to be recoverable summarily before any justice of the peace in petty sessions.” and insert instead — “ commits an offence. Penalty: $200. ”. |
|
s. 107(1)(c) |
Delete “justices” and insert instead — “ judicial officer ”. |
|
s. 107(2)(a) |
Delete “justices” and insert instead — “ judicial officer ”. |
|
s. 108(2) |
Before “justice” in the 5 places it occurs, insert — “ magistrate or ”. Delete “stipendiary magistrate for the district in which he has taken the same,” and insert instead — “ the registrar of the relevant court of summary jurisdiction, ”. |
|
s. 108(3)(c) |
Before “justice” insert — “ magistrate or ”. |
|
s. 119(1) |
Delete the semicolon after the definition of “public official” and insert instead a full stop. Delete the definition of “Summary Court”. |
|
s. 119(2)(a) |
In subparagraph (ii) delete “Summary Court” and insert instead — “ court of summary jurisdiction ”. |
Part 12 — Family Court Act 1997 amended
90. Act amended by this Part
The amendments in this Part are to the Family Court Act 1997*.
[* Reprint 1 as at 15 August 2003.]
91. Section 5 amended
Section 5 is amended by inserting in the appropriate alphabetical position the following definition —
“
“Family Law Magistrate” means a person who is both a magistrate appointed under the Magistrates Court Act 2004 and either the Principal Registrar or a Registrar of the Family Court of Western Australia;
”.
92. Section 26 amended
(1) Section 26(1) is amended by inserting after “magistrate” the following —
“ under the Magistrates Court Act 2004 ”.
(2) After section 26(2) the following subsections are inserted —
“
(3) If the Principal Registrar and any one or more Registrars hold office as magistrates, the Principal Registrar is the senior of them.
(4) This Act does not prevent a Family Law Magistrate from constituting the Magistrates Court at a place in or outside the metropolitan region.
”.
93. Section 43 amended
Section 43(1)(b) is deleted and the following paragraph is inserted instead —
“
(b) if —
(i) Part 5A proceedings in relation to property of a total value exceeding $300 000, or such other amount, if any, as is prescribed in the regulations, are instituted in, or transferred to, the Magistrates Court (“the court”);
(ii) the court is constituted by a Family Law Magistrate; and
(iii) the respondent, in answer to the application by which the proceedings are instituted, seeks an order different from that sought in the application.
”.
94. Section 43A amended
Section 43A(1) is repealed and the following subsections are inserted instead —
“
(1) This section applies if —
(a) proceedings in relation to property of a total value exceeding $20 000, or such other amount, if any, as is prescribed in the regulations, are instituted in the Magistrates Court (“the court”);
(b) the court is not constituted by a Family Law Magistrate; and
(c) the respondent, in answer to the application by which the proceedings are instituted, seeks an order different from that sought in the application.
(1a) The court must, before going on to hear and determine the proceedings, inform the parties that, unless each of them consents to the court hearing and determining the proceedings, the court is required to transfer the proceedings to the Court.
(1b) If the parties do not consent to the court hearing and determining the proceedings, the court must transfer the proceedings to the Court.
”.
95. Other amendments
The Act is amended as set out in the Table to this section.
Table
|
s. 8(b) |
Delete the paragraph and insert instead — “ (b) the Magistrates Court constituted so as to be able, under section 39, to exercise the Court’s non‑federal jurisdictions. ”. |
|
s. 29(1)(a) |
Delete subparagraph (ii) and insert instead — “ (ii) a court of summary jurisdiction constituted by a Family Law Magistrate; ”. |
|
s. 38 |
Delete “, including the Principal Registrar or a Registrar who is also a magistrate,” and insert instead — “ or a Family Law Magistrate ”. |
|
s. 39 |
Delete paragraphs (a) and (b) and insert instead — “ (a) the Magistrates Court, constituted by a magistrate, sitting at a place outside the metropolitan region; and (b) the Magistrates Court, constituted by a Family Law Magistrate, sitting at any place in the State, ”. |
|
s. 40(2) |
Delete “courts of summary jurisdiction” and insert instead — “ the Magistrates Court ”. Delete “the clerks of petty sessions of those courts have” and insert instead — “ a registrar of that Court has ”. Delete “those clerks of petty sessions.” and insert instead — “ such a registrar. ”. |
|
s. 42 |
Repeal the section. |
|
s. 43(7) s. 43(8) s. 44(1) s. 45 s. 243(6) |
In each provision delete “a court of summary jurisdiction” or “the court of summary jurisdiction” in each place it occurs and in each place insert instead — “ the Magistrates Court ”. |
|
s. 46(2) |
Delete “a court of summary jurisdiction prescribed for the purposes of section 43(1)(b)” and insert instead — “ the Magistrates Court, if constituted by a Family Law Magistrate, ”. |
|
s. 142 |
In the definition of “Registrar” delete paragraph (b) and insert instead — “ (b) in relation to the Magistrates Court, means a registrar of that court at the place where that court was held; ”. |
|
s. 158 |
In the definition of “Registrar” delete paragraph (b) and insert instead — “ (b) in relation to the Magistrates Court, means a registrar of that court at the place where that court was held. ”. |
|
s. 177(4)(b) |
In subparagraph (iv), delete items (I) and (II) and insert instead — “ (I) is the Magistrates Court, to the registrar of that court at the place where that court made or varied the order; (II) is the Children’s Court, to the registrar of that court at the place where that court made or varied the order; or ”. |
|
s. 181(2) |
Delete “a court of summary jurisdiction referred to in section 39” and insert instead — “ the Magistrates Court when exercising non‑federal jurisdictions under this Act ”. Delete “the court of summary jurisdiction” in the 2 places it occurs and in each place insert instead — “ the Magistrates Court ”. |
|
s. 181(3) |
Delete “a court of summary jurisdiction referred to in section 39(a),” and insert instead — “ to the Magistrates Court sitting at a place outside the metropolitan region, ”. Delete “the court of summary jurisdiction” and insert instead — “ the Magistrates Court ”. |
|
s. 182(3) |
Delete “of summary jurisdiction” in the 2 places it occurs. |
|
s. 182(4) |
Delete “of summary jurisdiction”. |
|
s. 211(1) |
In the definition of “decree”, delete “a court of summary jurisdiction” and insert instead — “ the Magistrates Court ”. |
|
s. 211(2) |
Delete “a court of summary jurisdiction” in the first place it occurs and insert instead — “ the Magistrates Court ”. Delete “a court of summary jurisdiction” in the second place it occurs and insert instead — “ the court ”. In paragraph (a), delete “the court of summary jurisdiction” and insert instead — “ the Magistrates Court ”. |
|
s. 220A(5) |
In the definition of “Registrar” delete paragraph (b) and insert instead — “ (b) in relation to the Magistrates Court, means the registrar of that court at the place where that court was held. ”. |
|
s. 244(1) |
Delete “courts of summary jurisdiction” in the 2 places it occurs and in each place insert instead — “ the Magistrates Court ”. |
|
s. 244(3)(a) |
After “jurisdiction or” insert — “ of the Magistrates Court ”. |
|
s. 244(3) |
In paragraphs (c), (f), (g), (i), (k) and (s), delete “courts of summary jurisdiction” in each place it occurs and in each place insert instead — “ the Magistrates Court ”. |
|
s. 245(2)(f) |
Delete “or exercising” and insert instead — “ or the Magistrates Court exercising ”. |
Part 13 — Fines, Penalties and Infringement Notices Enforcement Act 1994 amended
96. Act amended in this Part
The amendments in this Part are to the Fines, Penalties and Infringement Notices Enforcement Act 1995*.
[* Reprinted as at 2 November 2001.
For subsequent amendments see Western Australian Legislation Information Tables for 2002, Table 1, p. 141 and Acts Nos. 14 and 50 of 2003.]
97. Section 21 amended
(1) Section 21(4)(a) is amended by deleting “a court of petty sessions” and inserting instead —
“ the Magistrates Court ”.
(2) Section 21(5) is amended by deleting “the clerk of”.
(3) Section 21(6) is repealed and the following subsections are inserted instead —
“
(6) The document that under subsection (5) is given to the court is to be taken to be a complaint —
(a) made under the Criminal Procedure (Summary) Act 1902;
(b) made without oath before the Registrar by the person who signed the enforcement certificate;
(c) made on the day when the enforcement certificate was lodged; and
(d) alleging that the alleged offender committed the alleged offence.
(6a) The notice given under subsection (4) to the alleged offender must contain the information that is in the document given to the court and must summons the alleged offender to appear before the court at a specified time and place.
(6b) The notice given under this section to the alleged offender is to be taken to be a summons issued by the Registrar under the Criminal Procedure (Summary) Act 1902.
”.
98. Section 63 amended
Section 63 is amended by inserting in the appropriate alphabetical positions the following definitions —
“
“dwelling” means —
(a) a building, structure or tent, or part of a building, structure or tent, that is ordinarily used for human habitation; or
(b) a mobile home,
and it does not matter that it is uninhabited from time to time;
“mobile home” means a vehicle —
(a) that is ordinarily used for human habitation; and
(b) that is permanently or semi‑permanently stationary in a single location;
“personal property” does not include any estate or interest in land;
“place” means any land, building, structure, tent or vehicle, or any part of any land, building, structure, tent or vehicle;
“saleable interest”, in real or personal property, has the meaning given by section 71(1) or 88(1), as the case requires;
“vehicle” means any thing capable of transporting people or things by road, rail or water, including a hovercraft, and it does not matter how the thing is moved or propelled;
”.
99. Section 70 replaced by sections 70 and 70A to 70E
Section 70 is repealed and the following sections are inserted instead —
“
70. Determining an offender’s interest in property
(1) In this section —
“interest”, in any property, means any security, charge or lien over, claim on, or right to, the property or any other legal or equitable interest in the property;
“public authority” means a public sector body (within the meaning of section 3(1) of the Public Sector Management Act 1994), a local government or a regional local government.
(2) The powers in this section may only be exercised by the Sheriff after receiving a warrant and for the purpose of determining whether and to what extent an offender has any saleable interest in any personal or real property that might be sold under the warrant.
(3) The Sheriff, in writing, may request any person, other than the offender, who the Sheriff believes on reasonable grounds has or may have an interest in any such property to disclose to the Sheriff —
(a) the nature of the interest;
(b) if the interest is a security over the property —
(i) the amount secured against the property;
(ii) the amount outstanding under the security;
(iii) the amount and rate of interest accruing; and
(iv) any change that occurs to the terms of the security;
(c) the amount of money that is owed to the person in relation to the property; and
(d) any other information the Sheriff considers is or may be relevant to determining the matters in subsection (2).
(4) The Sheriff, in writing, may request a public authority to disclose to the Sheriff the amount of any rates, taxes, service charges, or other amounts, that are due and unpaid in respect of any such real property.
(5) A person, other than a public authority, who contravenes a request made under subsection (3) is guilty of a contempt of the Magistrates Court.
(6) The Sheriff may disclose any information about any property that has been obtained by the Sheriff to any potential purchaser of the offender’s interest in the property.
70A. Personal property to be sold in preference to real property
(1) Under a warrant, an offender’s saleable interest in any real property must not be sold unless the Sheriff is satisfied that the amount that is reasonably likely to be realised from selling the offender’s saleable interest in any personal property under the warrant will not be sufficient to satisfy the amount owed under the warrant and any enforcement fees.
(2) Subsection (1) does not prevent an offender’s saleable interests in real property and in personal property being sold at the same time.
70B. Only sufficient property to be sold
(1) Under a warrant, the Sheriff must not sell more property than is sufficient, in the Sheriff’s opinion, to wholly satisfy the amount owed under the warrant and the enforcement fees.
(2) Subsection (1) does not prevent the Sheriff from making one or more additional sales of property if a sale of property has not been sufficient to satisfy the amount owed under the warrant and the enforcement fees.
70C. Seized property, Sheriff to determine fair value of
(1) Before selling an offender’s saleable interest in any personal or real property under a warrant, the Sheriff must take reasonable steps to determine a fair value for the interest.
(2) For the purposes of determining a fair value the Sheriff may —
(a) request the offender to provide the Sheriff with such information relevant to the value of the interest as is known to the offender or is reasonably capable of being ascertained by the offender;
(b) if the nature and apparent value of the interest is such that it is reasonable to do so, engage a suitably qualified and experienced person to give the Sheriff a written valuation of the interest.
70D. Interests of others
If a person other than the offender has any legal or equitable interest in any personal or real property in which the offender has a saleable interest, that interest and that of the offender may be sold together if —
(a) the Sheriff is of the opinion that such a sale is desirable;
(b) the other person consents in writing; and
(c) the Sheriff and the other person agree in writing before the sale as to the division of —
(i) the expenses of and incidental to the sale or any attempted sale of the property; and
(ii) the proceeds of the sale after payment of those expenses.
70E. Sale to be advertised
(1) The Sheriff must advertise any intended sale under a warrant of an offender’s saleable interest in personal or real property in a reasonable manner.
(2) An offender’s saleable interest in personal or real property must not be sold under a warrant unless at least 7 days have elapsed since the intended sale was first advertised under subsection (1).
(3) Despite subsections (1) and (2), perishable personal property may be sold without having advertised its intended sale.
”.
100. Sections 71, 72 and 73 replaced by section 71
Sections 71, 72 and 73 are repealed and the following section is inserted instead —
“
71. Warrant of execution, effect of
(1) In this section —
“saleable interest”, in personal property, means any legal or equitable interest in the property that can be disposed of according to law.
(2) A warrant issued in respect of an offender —
(a) applies to any saleable interest that the offender has in any personal property at the time when the Sheriff receives the warrant; and
(b) entitles the Sheriff —
(i) to seize any such property in which the offender has a saleable interest and to sell that interest;
(ii) to seize any money of the offender;
(iii) to seize any cheque, bill of exchange, promissory note, bond, specialty, or other security for money, by virtue of which money is or may be payable to the offender, and to deal with it in accordance with section 77; and
(iv) to apply the proceeds of the sale, the money, and any money received or recovered under section 77, in accordance with section 96.
(3) The Sheriff’s entitlement applies even if the offender’s saleable interest in any personal property is held jointly or in common with another or others.
(4) The Sheriff may take any reasonable action that the Sheriff considers necessary or convenient for the purposes of subsection (2)(b).
(5) If, after the Sheriff receives the warrant, a person acquires an interest in any goods to which the warrant applies, the person does so subject to the Sheriff’s entitlement in subsection (2) unless, at the time of acquiring the interest —
(a) the person acquired it in good faith and for valuable consideration; and
(b) the person had no notice of the fact that the Sheriff had received the warrant and that it was in effect.
”.
101. Section 74 replaced
Section 74 is repealed and the following section is inserted instead —
“
74. Seizing personal property, powers enabling
(1) Under a warrant the Sheriff, using any force and assistance that is reasonably necessary in the circumstances, may do any or all of the following —
(a) enter any place where the Sheriff believes on reasonable grounds there is or may be personal property that may be seized under the warrant, or a record evidencing the title to such property, for the purpose of searching for and seizing it;
(b) from time to time re‑enter any such place where any such property or record is for the purpose of performing the Sheriff’s functions under the warrant and this Act in relation to the property;
(c) seize and remove any such property or record;
(d) make or print out, and keep, a copy of any such record and for that purpose —
(i) seize and remove, for no more than 7 days, any computer or other thing on which any such record is or may be stored;
(ii) operate the computer or other thing;
(iii) direct a person who has the custody or control of any such record, computer or thing to make or print out a copy of the record or to operate the computer or thing;
(e) take reasonable measures to secure or protect any such property, record, computer or thing against damage or unauthorised removal or interference.
(2) The powers in subsection (1)(a) and (b) —
(a) may be exercised at any time of the day or night in respect of a place that is not a dwelling; and
(b) must not be exercised in respect of a dwelling without the consent of the occupier of the dwelling or, if there is no occupier, the owner.
(3) Despite subsection (2)(b), if —
(a) the consent referred to in subsection (2)(b) is unreasonably withheld; or
(b) the Sheriff, after reasonable attempts to do so, cannot contact the occupier or owner of the dwelling,
the Sheriff may exercise the powers in subsection (1)(a) and (b) without that consent, at any time of the day or night.
(4) A person who disobeys a direction given under subsection (1)(d)(iii) commits an offence.
Penalty: Imprisonment for 12 months.
”.
102. Section 75 replaced
Section 75 is repealed and the following section is inserted instead —
“
75. Property that cannot be seized and sold
The following personal property of an offender must not be seized or sold under a warrant —
(a) property that the offender holds in trust for another person and in which the offender does not have a beneficial interest;
(b) wearing apparel and personal items that are of a kind and value prescribed by the regulations;
(c) household property that is of a kind and value prescribed by the regulations;
(d) property that is used by the offender to earn income by personal exertion of a value that does not exceed the amount prescribed by the regulations.
”.
103. Section 81 replaced
Section 81 is repealed and the following section is inserted instead —
“
81. Custody of seized property
(1) Until it is sold, seized personal property is to be kept in such custody as the Sheriff decides.
(2) Seized personal property may be left in the custody of the offender or another person if the offender or person, in writing, consents and agrees —
(a) to be responsible for its safekeeping;
(b) not to move it, or allow it to be moved, without the prior consent of the Sheriff; and
(c) not to give custody or possession of it to another person without the prior consent of the Sheriff.
(3) If the Sheriff leaves seized personal property in the custody of the offender or another person, the Sheriff is not to be taken as having abandoned the property.
(4) If the Sheriff seizes any record relating to a business or undertaking of the offender or another person, it must not be retained for longer than 7 days.
(5) Subsection (4) does not apply to any cheque, bill of exchange, promissory note, bond, specialty or other security for money.
”.
104. Section 88 replaced
Section 88 is repealed and the following section is inserted instead —
“
88. Warrant, effect of
(1) In this section —
“saleable interest”, in real property, means any legal or equitable estate or interest in the property that can be disposed of according to law.
(2) A warrant issued in respect of an offender —
(a) applies to —
(i) any saleable interest that is registered under the Transfer of Land Act 1893 in respect of land under the operation of that Act and that the offender has at the time when the warrant is registered under section 133 of that Act in respect of the interest;
(ii) any saleable interest that is not registered under the Transfer of Land Act 1893 in respect of land under the operation of that Act and that the offender has at the time when the Sheriff receives the warrant;
(iii) any saleable interest in any other real property in the State that the offender has at the time when the Sheriff receives the warrant;
and
(b) entitles the Sheriff —
(i) to seize the land;
(ii) to sell the saleable interest; and
(iii) to apply the proceeds in accordance with section 96.
(3) The Sheriff’s entitlement applies even if the offender’s saleable interest is held jointly or in common with another or others.
(4) Under a warrant, the Sheriff must not sell any saleable interest that is registered under the Transfer of Land Act 1893 in respect of land under the operation of that Act unless, at the time of the sale, the warrant is registered under section 133 of that Act in respect of the interest.
(5) If, after the Sheriff receives a warrant, a person acquires an interest in any real property to which the order applies, the person does so subject to the Sheriff’s entitlement in subsection (2) unless, at the time of acquiring the interest —
(a) the person acquired it in good faith and for valuable consideration;
(b) the person had no notice of the fact that the Sheriff had received the warrant and that it was in effect; and
(c) the warrant had not been registered under the Registration of Deeds Act 1856.
(6) Subsection (5) does not apply to or in relation to an interest acquired in any saleable interest that is registered under the Transfer of Land Act 1893 in respect of land under the operation of that Act.
”.
105. Section 91 replaced by sections 91, 91A and 91B
Section 91 is repealed and the following sections are inserted instead —
“
91. Power of entry
(1) Under a warrant the Sheriff, using any force and assistance that is reasonably necessary in the circumstances, may enter any real property in which the offender has a saleable interest for the purposes of performing the Sheriff’s functions under the warrant and this Act in relation to the interest.
(2) Without limiting subsection (1), the Sheriff may —
(a) enter the real property with any prospective purchaser of the offender’s saleable interest; and
(b) conduct any sale of the interest on the property.
(3) The powers in subsections (1) and (2) —
(a) may be exercised at any time of the day or night in respect of a place that is not a dwelling; and
(b) must not be exercised in respect of a dwelling without the consent of the occupier of the dwelling or, if there is no occupier, the owner.
(4) Despite subsection (3)(b), if —
(a) the consent referred to in subsection (3)(b) is unreasonably withheld; or
(b) the Sheriff, after reasonable attempts to do so, cannot contact the occupier or owner of the dwelling,
the Sheriff may exercise the powers in subsections (1) and (2) without that consent, at any time of the day or night.
91A. Offender may be permitted to sell or mortgage real property
(1) The Sheriff may permit the offender to sell or mortgage the offender’s saleable interest in any real property to which a warrant applies.
(2) The Sheriff’s permit must —
(a) be in writing;
(b) require the amount of any deposit paid in respect of any sale of the interest to be paid to the Sheriff to be held by the Sheriff as stakeholder;
(c) state the minimum amount (including any such deposit) that must be paid to the Sheriff out of the money realised from any sale or mortgage of the interest;
(d) state the date on which the permit expires; and
(e) contain any other information that is prescribed by the regulations.
(3) The Sheriff’s permit may include any conditions that the Sheriff considers necessary.
(4) While the Sheriff’s permit is in force, the Sheriff must not sell the saleable interest under the warrant.
(5) If while the Sheriff’s permit is in force —
(a) the offender sells or mortgages the interest;
(b) in the case of a sale, the amount of any deposit paid is paid to the Sheriff in accordance with the permit; and
(c) in any case, either —
(i) an amount not less than the minimum amount stated in the permit is paid to the Sheriff; or
(ii) with the Sheriff’s consent, an amount less than the minimum amount stated in the permit is paid to the Sheriff,
then —
(d) any liability of the purchaser or mortgagee to pay the offender the money paid to the Sheriff is extinguished;
(e) the Sheriff must consent to the registration under the Transfer of Land Act 1893 or the Registration of Deeds Act 1856 of any documents that relate to the sale or mortgage; and
(d) the Sheriff must apply the money received in accordance with section 96 as if they were the proceeds of a sale under the warrant.
91B. Place and manner of sale
(1) Subject to any order made by a court under this section, the sale under a warrant of an offender’s saleable interest in real property —
(a) may be conducted on the property or at any other place, as the Sheriff thinks fit;
(b) must be by public auction; and
(c) must not be for less than a fair value of the interest.
(2) The Sheriff may apply to the Magistrates Court for an order as to any or all of the following in relation to a saleable interest to which warrant applies —
(a) that the interest may be sold by public tender;
(b) that the interest may be sold by private agreement;
(c) that the interest may be sold for an amount that is less than a fair value of the interest.
(3) The offender is entitled to be heard on an application made under subsection (2).
(4) The court may make any or all of such orders.
(5) When or after making an order under subsection (2)(c) a court may order that the interest not be sold for less than an amount set by the court.
”.
106. Section 98 replaced
Section 98 is repealed and the following section is inserted instead —
“
98. Sheriff exempt from some licensing requirements
(1) The Sheriff and any delegate of the Sheriff may sell property seized under a warrant without holding any licence to do so that is required under a written law.
(2) Subsection (1) does not prevent the Sheriff from engaging a person with an appropriate licence under a written law to sell property seized under a warrant.
”.
107. Other amendments
The Act is amended as set out in the Table to this section.
Table
|
s. 4 s. 56(b)
|
In each provision delete “Justices Act 1902” in each place it occurs and in each place insert instead — “ Criminal Procedure (Summary) Act 1902 ”. |
|
s. 6 s. 7(2) s. 7(3) s. 61(2)(a) |
In each provision delete “Court of Petty Sessions at Perth” in each place it occurs and in each place insert instead — “ Magistrates Court ”. |
|
s. 22(4)(c) |
Delete subparagraph (ii) and insert instead — “ (ii) the Registrar must forthwith notify the Magistrates Court or the Children’s Court, as the case requires, of the discontinuance. ”. |
|
s. 54(1) |
Before “clerk” insert — “ registrar or ”. |
|
s. 62 |
Delete “clerk of petty sessions” in the first place it occurs and insert instead — “ court of summary jurisdiction ”. Delete “clerk of petty sessions” in the second place it occurs and insert instead — “ court ”. Delete “him” and insert instead — “ the court ”. |
|
s. 69(1) |
Delete “a Local Court” and insert instead — “ the Magistrates Court ”. |
|
s. 69(3) s. 94(4) |
In each provision delete “section 158 of the Local Courts Act 1904” in each place it occurs and in each place insert instead — “ the Magistrates Court (Civil Proceedings) Act 2004 ”. |
|
s. 79 |
Repeal the section. |
|
s. 80(4) |
Repeal the subsection. |
|
s. 82 |
Repeal the section. |
|
s. 83 |
Repeal the section. |
|
s. 84 |
Repeal the section. |
|
s. 89(1) |
Repeal the subsection and insert instead — “ (1) Actual seizure of real property by physical occupation or other means before any saleable interest in it is sold under a warrant is not necessary. ”. |
|
s. 92(1) |
Delete “a writ of fieri facias and the offender were a judgment debtor” and insert instead — “ a property (seizure and sale) order issued under the Civil Judgments Enforcement Act 2004 and the offender were the judgment debtor named in the order ”. |
|
s. 94(2) |
Delete “Local Court” and insert instead — “ Magistrates Court at the place ”. |
|
s. 95(1) |
Repeal the subsection and insert instead — “ (1) A warrant (as defined in section 63) has priority over any property (seizure and sale) order issued under the Civil Judgments Enforcement Act 2004, despite that Act and section 133 of the Transfer of Land Act 1893. ”. |
|
s. 101(1) |
Delete “justices” and insert instead — “ the Magistrates Court ”. |
|
s. 101(2) |
Repeal the subsection and insert instead — “ (2) The application must be made in accordance with the Magistrates Court’s rules of court. ”. |
|
s. 101(3) |
Delete “justices” in the 2 places it occurs and in each place insert instead — “ Court ”. |
|
s. 101A(1) |
Delete “justices” and insert instead — “ the Magistrates Court ”. |
|
s. 101A(3) |
Repeal the subsection and insert instead — “ (3) The application must be made in accordance with the Magistrates Court’s rules of court. ”. |
|
s. 101A(5) |
Delete “justices” in the 2 places it occurs and in each place insert instead — “ Court ”. |
|
s. 101B(1) |
In paragraph (a) delete “Justices Act 1902” and insert instead — “ Criminal Procedure (Summary) Act 1902 ”. After paragraph (a) insert the following paragraph — “ (ab) commences an appeal under Part VIII of the Criminal Procedure (Summary) Act 1902; ”. In paragraph (b) delete “under section 187 of the Justices Act 1902 or”. |
Part 14 — Industrial Relations Act 1979 amended
108. Act amended in this Part
The amendments in this Part are to the Industrial Relations Act 1979*.
[* Reprinted as at 8 November 2002.
For subsequent amendments see Acts Nos. 7, 20, 28 and 31 of 2003 and Gazette 15 August 2003 p. 3685-92.]
109. Section 81D amended
Section 81D(3) and (4) are repealed and the following subsections are inserted instead —
“
(3) For the purposes of prosecution jurisdiction, the clerk of an industrial magistrate’s court has in relation to that court like powers to those that a registrar of the Magistrates Court has for the purposes of the criminal jurisdiction of the Magistrates Court under the Criminal Procedure (Summary) Act 1902.
(4) For the purposes of general jurisdiction, the clerk of an industrial magistrate’s court has like powers to those that a registrar of the Magistrates Court has for the purposes of the civil jurisdiction of the Magistrates Court under the Magistrates Court (Civil Proceedings) Act 2004.
”.
110. Section 81F inserted
After section 81E the following section is inserted —
“
81F. Industrial magistrate’s court records, access to records
(1) In respect of an industrial magistrate’s court’s records of proceedings under its prosecution jurisdiction (as defined in section 81CA), section 33 of the Magistrates Court Act 2004, with any necessary changes, applies.
(2) In respect of an industrial magistrate’s court’s records of proceedings under its general jurisdiction (as defined in section 81CA), subsections (3) to (9) apply.
(3) A party to the proceedings may, on request, inspect or obtain a copy of any document that is part of the court’s record of those proceedings.
(4) A person who is not a party to the proceedings may, with the leave of the court, inspect or obtain a copy of any document that is part of the court’s record of the proceedings.
(5) Any person may, with the leave of the court, inspect or obtain a copy of any thing (other than a document) received by the court in the proceedings on which information is recorded or stored, such as a photograph, tape or disc.
(6) Any person may, with the leave of the court, listen to, view or obtain a copy of a recording of the proceedings.
(7) When giving leave under subsection (4), (5) or (6) the court may impose conditions on the person’s access to information, including a condition prohibiting or limiting the publication or use of the information.
(8) A decision by the court under subsection (4), (5), (6) or (7) is administrative and is final and not subject to any form of review.
(9) If under this section a document may be supplied to a person it may, at the request of the person, be supplied in an electronic form.
(10) The regulations may prescribe fees to be paid for inspecting, obtaining a copy of, listening to or viewing information in relation to proceedings in both the general jurisdiction and the prosecution jurisdiction of an industrial magistrate’s court.
”.
111. Sections 88 and 89 replaced
Sections 88 and 89 are repealed and the following section is inserted instead —
“
88. Judgments, enforcement of
(1) In this section —
“judgment” includes an order, direction or decision.
(2) A person to whom money is to be paid under a judgment of the Court may enforce it by lodging a copy of it, certified by a clerk of the court, and an affidavit stating to what extent it has not been complied with, with the Supreme Court.
(3) If, or to the extent that, a judgment of the Court does not require the payment of money, a person entitled to the benefit of the judgment may enforce it by lodging a copy of it, certified by a clerk of the court, and an affidavit stating to what extent it has not been complied with, with the Supreme Court.
(4) A judgment that is lodged with the Supreme Court under subsection (2) or (3) is to be taken to be a judgment of that court and may be enforced accordingly.
”.
112. Other amendments
The Act is amended as set out in the Table to this section.
Table
|
s. 7(1) |
Delete the definition of “stipendiary magistrate”. |
|
s. 13 |
After paragraph (a), insert the following paragraph — “ (ab) an industrial magistrate appointed under section 81B; ”. After “such a member” insert — “ or industrial magistrate ”. |
|
s. 81B(2) s. 81B(3)(a) s. 81B(4) |
In each provision delete “Stipendiary” and “stipendiary”. |
|
s. 81B(6) |
Delete the definition of “Chief Stipendiary Magistrate” and insert instead — “ “Chief Magistrate” means the Chief Magistrate of the Magistrates Court. ”. |
|
s. 81CA(2) |
Delete “Local Courts Act 1904 as if the proceedings were an action” and insert instead — “ Magistrates Court (Civil Proceedings) Act 2004 as if the proceedings were a case ”. |
|
s. 81CA(3) |
Delete “Part VIA of the Local Courts Act 1904.” and insert instead — “ Part 4 of the Magistrates Court (Civil Proceedings) Act 2004. ”. |
|
s. 81CA(6) s. 83D(1) s. 83D(2) |
In each provision delete “Justices Act 1902” and insert instead — “ Criminal Procedure (Summary) Act 1902 ”. |
|
After s. 81CA(7) |