Schedule 1 —
[s. 141]
1. Aboriginal Communities Act 1979
|
s. 11 |
Repeal the section. |
2. Administration Act 1903
|
s. 54(1) |
Delete “the magistrate of every Local Court held at a town” and insert instead — “ a magistrate of the Magistrates Court at a place ”. |
3. Agricultural Practices (Disputes) Act 1995
|
s. 13(4) |
Repeal the subsection and insert instead — “ (4) A person to whom costs are to be paid under such a determination may enforce it by lodging a certified copy of it, and an affidavit stating to what extent it has not been complied with, with a court of competent jurisdiction. (5) When lodged, the determination is to be taken to be a judgment of the court and may be enforced accordingly. ”. |
4. Agriculture and Related Resources Protection Act 1976
|
s. 93(1) |
Delete “Justices Act 1902” and insert instead — “ Criminal Procedure (Summary) Act 1902 ”. |
|
s. 102 |
Repeal the section and insert instead — “ 102. Offences to be dealt with by magistrate A court of summary jurisdiction dealing with an offence under this Act is to be constituted by a magistrate. ”. |
5. Agriculture Protection Board Act 1950
|
s. 30 |
Delete “justices or in any court of petty sessions” and insert instead — “ a court of summary jurisdiction ”. |
6. Animal Welfare
|
s. 44(6) s. 44(7) s. 44(8) s. 56(1) |
In each provision delete “Local Court” and insert instead — “ Magistrates Court ”. |
7. Art Gallery Act 1959
|
s. 27(1) |
Delete “Court of Petty Sessions” and insert instead — “ court of summary jurisdiction ”. |
8. Artificial Breeding of Stock Act 1965
|
s. 8(2) s. 8(3) |
In each provision delete “Clerk” in each place it occurs and in each place insert instead — “ registrar ”. |
9. Auction Sales Act 1973
|
s. 5(1)(d) |
Delete “or by any magistrate”. |
|
s. 11(1) |
Delete “clerk of the court of petty sessions” and insert instead — “ registrar of the Magistrates Court at the place ”. |
|
s. 11(2) s. 11(3) s. 11(5) s. 11(6) s. 21(2) s. 22(2) s. 22(3) s. 22(4) |
In each provision delete “clerk” in each place it occurs and in each place insert instead — “ registrar ”. |
|
s. 11(5a) |
Delete “clerk of the court of petty sessions at which” and insert instead — “ registrar of the Magistrates Court at the place where ”. |
|
s. 11(7) |
Delete “issued out of the same court”. |
|
s. 16(1) s. 17(4) s. 18 s. 33(3)(b) s. 33(4) |
In each provision delete “stipendiary” in each place it occurs. |
|
s. 20 |
Repeal the section. |
|
s. 21(1) |
Delete “the clerk of the court by which it was granted” and insert instead — “ a registrar of the Magistrates Court ”. Delete “the clerk” in the second place it occurs and insert instead — “ the registrar ”. |
|
s. 22(1) |
Delete “may summon the licensee before either the court by which the licence was granted or a court of petty sessions constituted by a stipendiary magistrate sitting alone for the place where the alleged conduct occurred, to” and insert instead — “ may apply to the Magistrates Court for a summons requiring the licensee to appear before the Court and ”. |
|
s. 22(2) |
In paragraphs (a) and (b), delete “a court” and insert instead — “ the court ”. |
|
s. 35(3) |
Repeal the subsection and insert instead — “ (3) A prosecution for an offence under this Act must be commenced within 2 years after the date on which the offence is alleged to have been committed. ”. |
10. Bail Act 1982
|
s. 3 |
In the definition of “authorised community services officer”, delete “clerk” and insert instead — “ registrar ”. In the definition of “court”, delete paragraph (a) and insert instead — “ (a) the Magistrates Court; ”. In the definition of “judicial officer”, delete “and a single member of the Children’s Court”. In the definition of “prosecutor”, delete “court of petty sessions” and insert instead — “ court of summary jurisdiction ”. |
|
s. 7A(1) |
Repeal the subsection and insert instead — “ (1) If a person is in custody and an appeal has been commenced under Part VIII of the Criminal Procedure (Summary) Act 1902 in connection with the decision by virtue of which the person is in custody, the person may apply for bail — (a) if the appeal is to be heard and determined by the Full Court or if an application has been made to the Full Court for leave to appeal to the Full Court — to the Full Court; or (b) in any other case — to a Judge of the Supreme Court. ”. |
|
s. 11(2)(d) s. 28(2)(b)(i) s. 31(2)(b) s. 31(2)(c) s. 31(2)(d) s. 31(2)(e) s. 45(1)(c) s. 49(1)(a) s. 60 s. 64 s. 66A(1) |
In each provision delete “clerk or” in each place it occurs. |
|
s. 16(2)(b) s. 21(2)(a) s. 48(5) s. 49(2) s. 51(3) s. 52(4) s. 53(3) s. 54(5) Sch. 1— Pt. A cl. 7 Pt. C cl. 5 |
In each provision delete “Justices Act 1902” in each place it occurs and in each place insert instead — “ Criminal Procedure (Summary) Act 1902 ”. |
|
s. 19(4) |
Delete “clerk of petty sessions” and insert instead — “ registrar of the court ”. |
|
s. 26(1) s. 26(2) |
In each provision delete “or a member of the Children’s Court”. |
|
s. 29(d) |
Delete “clerk of petty sessions” and insert instead — “ registrar of the Magistrates Court ”. |
|
s. 29(da) s. 29(e) |
Delete “clerk” in each place it occurs and in each place insert instead — “ registrar ”. |
|
s. 36(2) |
Delete “or clerk”. |
|
s. 53(1) |
After “section 52 may” insert — “ , with the leave of the Full Court, ”. |
|
s. 53(2) |
Repeal the subsection and insert instead — “ (2) For the purposes of subsection (1), Part VIII of the Criminal Procedure (Summary) Act 1902, with any necessary changes, applies as if — (a) the decision referred to in subsection (1) were a decision of a court of summary jurisdiction; (b) a reference in that Part to the lower court registrar were a reference to the Registrar of the Supreme Court or of the District Court, as the case requires; and (c) a reference in that Part to commencing an appeal were a reference to applying for leave to appeal. ”. |
|
Sch. 1 Pt. A cl. 1 |
In the second column, delete the passage beginning “in addition” and ending “officer.” and insert instead — “ in addition, in the case of a child, an authorised community services officer. ”. |
|
Sch. 1 Pt. A cl. 4 |
Delete “Justices Act 1902” in each place it occurs except in the second column of paragraph (a) and in each place insert instead — “ Criminal Procedure (Summary) Act 1902 ”. In paragraph (a) in the second column, delete “in the case of an appeal under section 189 of the Justices Act 1902, the Full Court;” and insert instead — “ in the case where the appeal is to be heard and determined by the Full Court, the Full Court; ”. |
|
Sch. 1 Pt. B cl. 3 |
Delete “or a member of the Children’s Court”. Delete “or another member of the Children’s Court” in the 2 places it occurs. |
|
Sch. 1 Pt. C cl. 8 |
Delete “court of petty sessions or as a member of the Children’s court” and insert instead — “ court of summary jurisdiction ”. |
11. Betting Control Act 1954
|
s. 25(1) |
Delete “any 2 Justices of the Peace” and insert instead — “ the Magistrates Court ”. Delete “such justices” and insert instead — “ the Court ”. |
|
s. 25(2) |
Delete “Any 2 Justices of the Peace” and insert instead — “ The Court ”. Delete “their” and insert instead — “ its ”. |
|
s. 25(5) |
Delete “any 2 Justices of the Peace” and insert instead — “ the Court ”. |
|
s. 28A(2) |
Delete paragraph (d) and insert instead — “ (d) to arrest all persons found therein or thereupon and to detain them until they are dealt with according to law; ”. In paragraph (f), delete “a stipendiary magistrate or 2 justices” and insert instead — “ a court of summary jurisdiction ”. In paragraph (f), delete “magistrate or justices” and insert instead — “ court ”. |
|
s. 28A(5) |
Delete “A stipendiary magistrate, or 2 justices,” and insert instead — “ The court of summary jurisdiction ”. In paragraph (a), delete “a magistrate or justices” and insert instead — “ the court ”. In paragraph (b), delete “the magistrate or justices” and insert instead — “ the court ”. |
|
After s. 30 |
Insert the following subsection — “ 30A. Offences to be dealt with by a magistrate A court of summary jurisdiction dealing with an offence under this Act is to be constituted by a magistrate. ”. |
12. Bills of Sale Act 1899
|
s. 9 |
Delete “of the State or any district of the State”. |
|
s. 10(5) |
Delete “magisterial district of East Kimberley within the State” and insert instead — “ local government districts of Wyndham‑East Kimberley or Halls Creek ”. |
13. Bread Act 1982
|
s. 15 |
Repeal the section and insert instead — “ 15. Proceedings for offences (1) A prosecution for an offence under this Act may be commenced by an inspector or any other person. (2) A court of summary jurisdiction dealing with an offence under this Act is to be constituted by a magistrate. ”. |
14. Builders’ Registration Act 1939
|
s. 44(2) |
Repeal the subsection and insert instead — “ (2) A person to whom a sum is to be paid under such an order may enforce it by lodging a certified copy of it, and an affidavit stating to what extent it has not been complied with, with a court of competent jurisdiction. (3) When lodged, the order is to be taken to be a judgment of the court and may be enforced accordingly. ”. |
15. Bush Fires Act 1954
|
s. 56(2) |
Delete “taken before justices there to” and insert instead — “ detained until he can ”. |
|
s. 58(4) |
Delete “signed or purporting to be signed by the clerk of petty sessions of the court where the offender was convicted” and insert instead — “ issued by the court of summary jurisdiction that convicted the offender ”. |
|
s. 59(1) |
Repeal the subsection. |
16. Business Names Act 1962
|
s. 14(2) |
Delete “, in the case of a local court by a magistrate thereof in chambers or in the case of a court of petty sessions by a stipendiary magistrate in chambers or by two or more justices sitting in petty sessions.” and insert instead — “ or in the case of the Magistrates Court a magistrate in chambers. ”. |
17. Cattle Industry Compensation Act 1965
|
s. 37(2) |
Repeal the subsection and insert instead — “ (2) A court of summary jurisdiction dealing with an offence under this Act is to be constituted by a magistrate. ”. |
|
s. 43 |
Repeal the section. |
18. Censorship Act 1996
|
s. 117(4) |
Delete “a court of petty sessions” and insert instead — “ the Magistrates Court ”. |
19. Census Act 1891
|
s. 10 |
After “Act, shall” insert — “ for every such offence ”. |
|
s. 14 |
Repeal the section. |
20. Charitable Collections Act 1946
|
s. 18 |
Delete the first paragraph. |
21. Chicken Meat Industry Act 1977
|
s. 18(3) |
Delete “and may, by leave of the Supreme Court or a Judge, be entered, and in every respect enforced as a judgment or order of the Supreme Court to the same effect”. |
|
After s. 18(3) |
Insert the following subsections — “ (4) A party may enforce a determination that is binding on the parties under subsection (3) by lodging a copy of it certified by a member, and an affidavit stating to what extent it has not been complied with, with a court of competent jurisdiction. (5) When lodged, the determination is to be taken to be a judgment of the court and may be enforced accordingly. ”. |
|
s. 23 |
Repeal the section and insert instead — “ 23. Offences to be dealt with by magistrate A court of summary jurisdiction dealing with an offence under this Act is to be constituted by a magistrate. ”. |
22. Child Welfare Act 1947
|
s. 120B(1) |
Delete the definition of “clerk of the court”. Insert, in the appropriate alphabetical position — “ “registrar of the court” means — (a) in relation to an application made to the court, the registrar of the court at the place where the application was made; or (b) in relation to a document filed in the court, the registrar of the court at the place where the document was filed; and (c) in relation to the revocation by the court of the registration of an order, the registrar of the court at the place where the registration was revoked; ”. |
|
s. 120S s. 120T s. 120V(2) s. 120V(4) s. 120X |
In each provision delete “clerk” in each place it occurs and in each place insert instead — “ registrar ”. |
23. Coal Industry Tribunal of Western Australia Act 1992
|
s. 17(3) |
Repeal the subsection and insert instead — “ (3) A person to whom a sum is to be paid under such an order may enforce it by lodging a certified copy of it, and an affidavit stating to what extent it has not been complied with, with a court of competent jurisdiction. (4) When lodged, the order is to be taken to be a judgment of the court and may be enforced accordingly. ”. |
24. Coal Miners’ Welfare Act 1947
|
s. 24 |
Repeal the section. |
25. Companies (Co‑operative) Act 1943
|
s. 347(3) |
Delete “any 2 justices of the peace” and insert instead — “ the Magistrates Court ”. |
|
s. 426 |
Repeal the section. |
|
s. 427 |
Delete “Justices Act 1902” and insert instead — “ Criminal Procedure (Summary) Act 1902 ”. |
26. Competition Policy Reform (Western Australia) Act 1996
|
s. 55(1) |
Delete “summarily under the Justices Act 1902.” and insert instead — “ by a court of summary jurisdiction. ”. |
|
s. 56 |
Delete “petty sessions” and insert instead — “ summary jurisdiction ”. |
27. Conservation and Land Management Act 1984
|
s. 108A(1) |
Delete “on the hearing of the complaint of an authorised officer any court of petty sessions” and insert instead — “ the Magistrates Court, on the application of an authorised officer, ”. |
|
s. 113(1) |
Repeal the subsection and insert instead — “ (1) Proceedings for an offence under this Act may be commenced by a police officer or a person authorised in writing for the purpose of the proposed proceedings by the Executive Director. ”. |
28. Conspiracy and Protection of Property Act 1900
|
s. 9 |
Repeal the section. |
|
s. 10 |
Repeal the section. |
29. Constitution Acts Amendment Act 1899
|
Schedule V |
In Division 1 of Part 1, delete “Referee of Small Claims Tribunals appointed under the Small Claims Tribunals Act 1974”. In Division 1 of Part 1, delete “Chief Stipendiary Magistrate or other stipendiary magistrate appointed under the Stipendiary Magistrates Act 1957.” and insert instead — “ Chief Magistrate, Deputy Chief Magistrate or magistrate of the Magistrates Court. ”. In Division 1 of Part 2, delete “Member of the Children’s Court.”. |
30. Contaminated Sites Act 2003
|
s. 85(1) |
Repeal the subsection and insert instead — “ (1) A prosecution for an offence under this Act must be commenced within 2 years after the date on which the offence is alleged to have been committed. ”. |
|
s. 85(2) |
Delete “section 51 of the Justices Act 1902 and”. |
31. Control of Vehicles (Off‑road areas) Act 1978
|
s. 38(15) |
Repeal the subsection and insert instead — “ (15) If a vehicle is seized under subsection (11), it may be detained until the officer is satisfied — (a) that it is licensed under the Road Traffic Act 1974 or registered under this Act; or (b) as to the identity of the owner or driver, or until an order is made under section 42, whichever happens first. ”. |
|
s. 38(16) |
Repeal the subsection and insert instead — “ (16) A person claiming to be the owner of a vehicle seized under subsection (11) or (12) may apply to the Magistrates Court for an order that the vehicle be delivered to him. (17) A vehicle detained — (a) under subsection (11) or (12) by a member of the Police Force; or (b) under subsection (11) by an authorised officer appointed under subsection (2), is to be taken to be detained in the name of the Director General. (18) A vehicle detained under subsection (11) by an authorised officer appointed by a local government under subsection (3) is to be taken to be detained by the local government. ”. |
|
s. 40 |
Delete “, and may be dealt with summarily before Justices”. |
|
s. 42 |
Delete “or a Justice”. Delete “or that Justice” in the 3 places where it occurs. |
32. Co‑operative and Provident Societies Act 1903
|
s. 17(1) |
Delete “, either in the Local Court of the district in which the registered office of the society is situate, or in that of the district in which such member resides, at the option of the society.” and insert instead — “ in a court of competent jurisdiction. ”. |
|
s. 35(1) |
Delete “the Local Court of the district in which the registered office of the society is situated.” and insert instead — “ the Magistrates Court. ”. |
|
s. 35(4) |
Delete “a court of summary jurisdiction consisting of two or more Justices of the Peace.” and insert instead — “ the Magistrates Court. ”. Repeal the proviso. |
|
s. 35(5) |
Delete “either to the Local Court of the district wherein the parties to such dispute or any of them reside, or to a court of summary jurisdiction consisting of two or more Justices of the Peace,” and insert instead — “ to the Magistrates Court, ”. |
|
s. 35(6) |
Delete “The Local Court, Justices,” and insert instead — “ The Magistrates Court ”. Delete “such Local Court, Justices,” and insert instead — “ the Court ”. |
|
s. 36 |
Repeal the section and insert instead — “ 36. Enforcing decisions (1) A decision of a dispute made under the rules of a registered society may be enforced by lodging a certified copy of it, and an affidavit stating to what extent it has not been complied with, with the Magistrates Court. (2) When lodged, the order is to be taken to be a judgment of the Magistrates Court and may be enforced accordingly. ”. |
|
s. 51 |
Delete “before any two or more Justices”. |
33. Corruption and Crime Commission Act 2003
|
s. 43(5) |
Delete “Justices Act 1902” and insert instead — “ Criminal Procedure (Summary) Act 1902 ”. |
|
s. 177A |
Repeal the section and insert instead — “ 177A. Limitation period for prosecution of simple offences A prosecution of a simple offence under this Act must be commenced within 36 months after the date on which the offence was allegedly committed and, with the consent of the Attorney General, may be commenced at any time after that period. ”. |
34. Country Areas Water Supply Act 1947
|
s. 46(2) |
Repeal the subsection and insert instead — “ (2) A court of summary jurisdiction dealing with an offence under this section is to be constituted by a magistrate. ”. |
|
s. 71(3) |
Repeal the subsection and insert instead — “ (3) A court of summary jurisdiction dealing with an offence under this section is to be constituted by a magistrate. ”. |
|
s. 73 |
Delete “by complaint in a Court of Petty Sessions or by action in any other” and insert instead — “ in a ”. |
|
s. 81 |
Delete “either by complaint or action” and insert instead — “ action in a court of competent jurisdiction ”. |
|
s. 113(2) |
Repeal the subsection and insert instead — “ (2) A court of summary jurisdiction dealing with an offence under this section is to be constituted by a magistrate. ”. |
|
s. 116 |
Delete “a local court or before justices sitting in petty sessions” and insert instead — “ the Children’s Court or the Magistrates Court ”. |
35. Country Towns Sewerage Act 1948
|
s. 79 |
Delete “either by complaint or action” and insert instead — “ action in a court of competent jurisdiction ”. |
|
s. 114 |
Delete “any Local Court, or before Justices of the Peace,” and insert instead — “ the Children’s Court or the Magistrates Court, ”. |
36. Court Security and Custodial Services Act 1999
|
s. 24(1) |
Delete the definition of “court officer” and insert instead — “ “court officer” means — (a) the Sheriff or a deputy of the Sheriff; or (b) the Marshal of the Family Court. ”. |
|
s. 25(1) |
In the definition of “justice officer”, delete the semicolon after paragraph (f) and insert instead a full stop. In the definition of “justice officer”, delete paragraphs (g) and (h). |
37. Credit Act 1984
|
s. 6(1)(c)(ii) |
Delete the subparagraph and insert instead — “ (ii) the Magistrates Court. ”. |
38. Credit (Administration) Act 1984
|
s. 50 |
Repeal the section and insert instead — “ 50. Offences to be dealt with by magistrate A court of summary jurisdiction dealing with an offence under this Act is to be constituted by a magistrate. ”. |
39. Cremation Act 1929
|
s. 14 |
Delete “stipendiary magistrate” and insert instead — “ coroner ”. |
40. Criminal Investigation (Extra‑territorial) Offences Act 1987
|
s. 4(3) |
Delete “Court of Petty Sessions, Perth.” and insert instead — “ Magistrates Court at Perth. ”. |
41. Criminal Law (Mentally Impaired Defendants) Act 1996
42. Criminal Property Confiscation Act 2000
|
s. 101(3) |
Delete “A Local Court” and insert instead — “ The Magistrates Court ”. Delete “$25 000.” and insert instead — “ the jurisdictional limit (within the meaning of section 4 of the Magistrates Court (Civil Proceedings) Act 2004). ”. |
|
s. 101(4) |
Delete “a Local Court” and insert instead — “ the Magistrates Court ”. |
|
s. 101(5) |
Repeal the subsection and insert instead — “ (5) Despite subsections (3) and (4), if both the applicant and the respondent consent, the Magistrates Court may hear and determine — (a) an objection; or (b) an application for — (i) an unexplained wealth declaration; (ii) a criminal benefits declaration; or (iii) a crime‑used property substitution declaration. ”. |
43. Dampier to Bunbury Pipeline Act 1997
|
s. 38(6) |
Delete the definition of “court” and insert instead — “ “court” means the Magistrates Court. ”. |
44. Debt Collectors Licensing Act 1964
|
s. 4(d) |
Delete the paragraph and insert instead — “ (d) a bailiff or assistant bailiff appointed under Part 7 Division 1 of the Civil Judgments Enforcement Act 2004; ”. |
45. Dental Prosthetists Act 1985
|
s. 27(2) |
Repeal the subsection and insert instead — “ (2) A court of summary jurisdiction dealing with an offence under this Act is to be constituted by a magistrate. ”. |
46. Director of Public Prosecutions Act 1991
|
s. 11(2) |
Delete “Justices Act 1902” and insert instead — “ Criminal Procedure (Summary) Act 1902 ”. |
|
s. 21(b) |
Delete “a court of petty sessions” and insert instead — “ the Magistrates Court ”. |
47. Disability Services Act 1993
|
s. 54(1) |
Delete “Justices Act 1902” and insert instead — “ Criminal Procedure (Summary) Act 1902 ”. |
48. Disposal of Uncollected Goods Act 1970
|
s. 4(1) |
Delete the definition of “court” and insert instead — “ “court” means the Magistrates Court constituted by a magistrate; ”. |
|
s. 32 |
Repeal the section and insert instead — “ 32. Procedure (1) Subject to this Act, the Magistrates Court (Civil Proceedings) Act 2004 and rules of court made under that Act apply to and to the hearing and determination of an application. (2) A copy of an application is to be served on any person appearing to be affected by it. ”. |
|
s. 33 |
Repeal the section. |
49. Distress for Rent Abolition Act 1936
|
s. 6 |
Repeal the section. |
50. Dividing Fences Act 1961
|
s. 5 |
Delete the definition of “court of petty sessions” and insert instead — “ “court” means the Magistrates Court; ”. In the definition of “owner”, delete “a court of petty sessions” and insert instead — “ the court ”. In the definition of “sufficient fence”, delete “a court of petty sessions” and insert instead — “ the court ”. |
|
s. 9(1) |
Delete “a court of petty sessions held” and insert instead — “ the court at the place ”. Delete “the complaint of” and insert instead — “ an application by ”. |
|
s. 9(3) |
Delete “of petty sessions”. |
|
s. 9(4) |
Delete “a court of petty sessions” and insert instead — “ the court ”. |
|
s. 10(1) |
Delete “a court of petty sessions” and insert instead — “ the court ”. |
|
s. 11(1) |
Delete “of petty sessions held” and insert instead — “ at the place ”. Delete “of petty sessions” in the second place it occurs. |
|
s. 11(4) |
Delete “of petty sessions that made the order”. Delete “the complaint of” and insert instead — “ an application by ”. In paragraph (a) delete “complainant” and insert instead — “ applicant ”. |
|
s. 11(5) |
Delete “the complaint of” and insert instead — “ an application by ”. Delete “of petty sessions”. |
|
s. 13(4) |
Delete “make a complaint in a court of petty sessions held” and insert instead — “ apply to the court at the place ”. |
|
s. 13(5) |
Delete “of petty sessions hearing a complaint” and insert instead — “ on an application ”. |
|
s. 13(6) |
Delete “a court of petty sessions” and insert instead — “ the court ”. |
|
s. 13(8) |
Repeal the subsection. |
|
s. 15(4) |
Delete “make a complaint in a court of petty sessions held” and insert instead — “ apply to the court at the place ”. |
|
s. 15(5) |
Delete “of petty sessions hearing a complaint” and insert instead — “ on an application ”. |
|
s. 15(5b) |
Delete “of petty sessions”. |
|
s. 15(6) |
Delete “of petty sessions”. |
|
s. 17 |
Delete “a court of petty sessions” and insert instead — “ the court ”. |
|
s. 18(2) |
Delete “a court of petty sessions” and insert instead — “ the court ”. |
|
After s. 18(2) |
Insert the following subsection — “ (3) Despite subsection (1), an order of the court made under section 9(1)(h), 13(5)(d) or 15(5)(d) or (e) is a judgment of the court and may be enforced accordingly. ”. |
51. Dog Act 1976
|
s. 39(1) |
Delete “a Local Court” and insert instead — “ the Magistrates Court ”. |
|
s. 44(1) |
Repeal the subsection. |
52. Electoral Act 1907
|
s. 49(1) |
Delete “a court of petty sessions” and insert instead — “ the Magistrates Court ”. |
|
s. 90(1a)(e) |
Delete the paragraph and “or” after it and insert instead — “ (e) a registrar of the Magistrates Court; or ”. |
53. Electricity Act 1945
|
s. 36(3) |
Delete “summarily by a complaint before justices sitting in petty sessions.” and insert instead — “ in a court of competent jurisdiction. ”. |
|
s. 45 |
Delete “court of petty sessions.” and insert instead — “ court of competent jurisdiction. ”. |
|
s. 49 |
Delete “shall be liable to forfeit and pay to the supply authority in respect of each act complained of a penalty (not exceeding $100) to be fixed by the Coordinator on the application of the supply authority and also an additional penalty of $50 for every day or part of a day during which the doing of the act complained of shall continue.” and insert instead — “ commits an offence. Penalty: $100. For each separate and further offence committed under section 71 of the Interpretation Act 1984: $50. ”. |
|
s. 53 |
Repeal the section and insert instead — “ 53. Limitation period for offences A prosecution for an offence under this Act must be commenced within 2 years after the date on which the offence is alleged to have been committed. ”. |
54. Employment Agents Act 1976
|
s. 28 |
Repeal the section and insert instead — “ 28. Limitation period for offences A prosecution for an offence under this Act must be commenced within 2 years after the date on which the offence is alleged to have been committed. ”. |
55. Energy Coordination Act 1994
|
s. 11ZQC(3) |
Repeal the subsection. |
56. Energy Operators (Powers) Act 1979
|
s. 82(1) |
Delete all of the subsection after “of the offence”. |
|
s. 84(3) |
Delete “justices or in any court of petty sessions” and insert instead — “ a court of summary jurisdiction ”. |
|
s. 85 |
Repeal the section and insert instead — “ 85. Limitation period for offences (1) A prosecution for a simple offence under this Act must be commenced within 2 years after the date on which the offence is alleged to have been committed. (2) A prosecution for an offence under section 74(1) may be commenced at any time. ”. |
57. Environmental Protection Act 1986
|
s. 92H(3) |
Delete “a Local Court” and insert instead — “ the Magistrates Court ”. |
|
s. 114A(1) |
Repeal the subsection and insert instead — “ (1) A prosecution for a Tier 1 offence may be commenced at any time. ”. |
|
s. 114A(2) |
Repeal the subsection and insert instead — “ (2) A prosecution for any other offence under this Act may be commenced within 24 months after the date on which the alleged offence was committed. ”.
|
|
s. 114A(3) |
Delete “section 51 of the Justices Act 1902 and”. |
58. Equal Opportunity Act 1984
|
s. 66ZN(2)(f) |
Delete the paragraph and insert instead — “ (f) magistrate within the meaning of the Magistrates Court Act 2004; ”. |
59. Fair Trading Act 1987
|
s. 70 |
Before “A person” insert the subsection designation “(1)”. Delete “, and proceedings for such an offence may be disposed of summarily before a magistrate sitting alone”. At the end of the section insert the following subsection — “ (2) A court of summary jurisdiction dealing with an offence under this Act is to be constituted by a magistrate. ”. |
60. Fertilizers Act 1977
|
s. 38(1) |
Delete “Justices Act 1902” and insert instead — “ Criminal Procedure (Summary) Act 1902 ”. After “justice” insert — “ or other person ”. |
61. Finance Brokers Control Act 1975
|
s. 93(3) |
Delete “Justices Act 1902” and insert instead — “ Criminal Procedure (Summary) Act 1902 ”. |
62. Financial Transaction Reports Act 1995
|
s. 11(1) |
Delete “petty sessions” and insert instead — “ summary jurisdiction ”. |
63. Fire Brigades Act 1942
|
s. 33A(6) |
Delete “a stipendiary magistrate” and insert instead — “ the Magistrates Court ”. Delete “the stipendiary magistrate” and insert instead — “ Court ”. |
|
s. 33A(7) |
Repeal the subsection and insert instead — “ (7) On an application made under subsection (6), the Magistrates Court shall be constituted by a magistrate and may grant, subject to any conditions the Court thinks fit to impose, or refuse to grant, the order sought by the application. ”. |
|
s. 33A(8) |
Delete “to a stipendiary magistrate”. |
|
s. 33A(9) |
Delete “a stipendiary magistrate” and insert instead — “ the Magistrates Court ”. |
|
s. 33A(10) |
Repeal the subsection and insert instead — “ (10) On an application made under subsection (9) the Magistrates Court shall be constituted by a magistrate and may rescind or refuse to rescind the order to which the application relates. ”. |
64. Firearms Act 1973
|
s. 17(1)(b) |
After “auctioneer,” insert — “ Sheriff or deputy sheriff, ”. |
65. Fish Resources Management Act 1994
|
s. 201(4) |
Delete “petty sessions” and insert instead — “ summary jurisdiction ”. |
66. Fuel, Energy and Power Resources Act 1972
|
s. 61 |
Repeal the section and insert instead — “ 61. Offences to be dealt with by magistrate A court of summary jurisdiction dealing with an offence under this Part or under regulations made under this Part is to be constituted by a magistrate. ”. |
67. Gaming and Wagering Commission Act 1987
|
s. 34 |
Repeal the section and insert instead — “ 34. Offences to be dealt with by magistrate A court of summary jurisdiction dealing with an offence under this Act is to be constituted by a magistrate. ”. |
|
s. 52(a) |
Delete “stipendiary”. |
68. Gas Standards Act 1972
|
s. 14(2) |
Repeal the subsection and insert instead — “ (2) A prosecution for an offence under this Act must be commenced within 2 years after the date on which the offence is alleged to have been committed. ”. |
69. Gold Corporation Act 1947
|
s. 73(1) s. 73(2) |
In each provision delete “Court of Petty Sessions” and insert instead — “ court of summary jurisdiction ”. |
70. Government Railways Act 1904
|
s. 45(5) |
Delete “any 2 justices” and insert instead — “ a court of summary jurisdiction ”. Delete “such justices” and insert instead — “ the court ”. |
|
s. 49 |
Delete “take him before justices of the peace to be dealt with as the law directs.” and insert instead — “ deal with him according to law. ”. |
|
s. 51(1) |
Delete “any 2 or more justices of the peace” and insert instead— “ a police officer ”. |
|
s. 77 |
Delete “a Stipendiary Magistrate.” and insert instead — “ the Magistrates Court. ”. |
|
s. 78(1)(a) |
Delete “stipendiary”. |
|
s. 84(4) |
Delete “a stipendiary magistrate” and insert instead — “ the Magistrates Court ”. Delete “stipendiary magistrates” and insert instead — “ the court when ”. |
71. Guardianship and Administration Act 1990
|
s. 97(1)(c) |
After “to him” insert — “ by a court or ”. |
72. Hairdressers Registration Act 1946
|
s. 19(3) |
Repeal the subsection. |
73. Health Act 1911
|
s. 3(1) |
Delete the definition of “Magistrate”. |
|
s. 14 |
Delete “justices by the Justices Act 1902” and insert instead — “ a court of summary jurisdiction by the Criminal Procedure (Summary) Act 1902 ”. |
|
s. 84(c) |
Delete “summarily before any 2 justices.” and insert instead — “ in a court of competent jurisdiction. ”. |
|
s. 89 |
Delete “before any 2 justices” and insert instead — “ in a court of competent jurisdiction ”. |
|
s. 108(5) |
Delete “settled by any 2 justices.” and insert instead — “ decided by a court of competent jurisdiction. ”. |
|
s. 117(2) |
Delete “settled by any 2 justices,” and insert instead — “ decided by a court of competent jurisdiction, ”. |
|
s. 122(1) |
Delete “, any two justices” and insert instead — “ to the Magistrates Court, the court ”. |
|
s. 122(2) |
Delete “they think” in the first place where it occurs and insert instead — “ it thinks ”. Delete “justices” and insert instead — “ court ”. In paragraph (e) delete “they think” and insert instead — “ it thinks ”. |
|
s. 122(3) |
Delete “justices’ ” and insert instead — “ court’s ”. Delete “them” and insert instead — “ it ”. |
|
s. 122(4) s. 122(8) |
In each provision delete “justices” and insert instead — “ court ”. |
|
s. 122(9) |
Delete “justices’ ” and insert instead — “ court’s ”. |
|
s. 127(2) |
Delete “awarded summarily by any 2 justices.” and insert instead — “ decided in a court of competent jurisdiction. ”. |
|
s. 128 |
Delete “summarily before any 2 justices” and insert instead — “ in a court of competent jurisdiction ”. |
|
s. 142(2) |
Delete “any 2 justices” and insert instead — “ a court of summary jurisdiction ”. Delete “they think” and insert instead — “ it thinks ”. |
|
s. 155 |
Delete “the justices” and insert instead — “ a court of summary jurisdiction ”. Delete “they think” and insert instead — “ it thinks ”. |
|
s. 182 |
In the proviso delete “justices —” and insert instead — “ court of summary jurisdiction — ”. |
|
s. 184(5) |
Delete “or summarily before any 2 Justices of the Peace” and insert instead — “ in a court of competent jurisdiction ”. |
|
s. 205(2) |
Delete “determination of justices” and insert instead — “ Magistrates Court ”. |
|
s. 205(3) |
Delete “complain to a justice of the seizure or seizure and carrying away concerned,” and insert instead — “ apply to the Magistrates Court for an order under subsection (5), ”. In paragraph (a) delete “complained” and insert instead — “ applied ”. In paragraph (b) delete “justice for the hearing of that complaint.” and insert instead — “ court for the hearing of the application. ”. |
|
s. 205(4) |
Repeal the subsection. |
|
s. 205(5) |
Delete “The justices hearing and determining a complaint made under subsection (3) may, if it appears to them that the animal to which that complaint relates — ” and insert instead — “ The Magistrates Court may hear and determine an application made under subsection (3) and may, if it appears to it that the animal to which the application relates — ”. In paragraph (a)(ii) delete “that complaint and require the complainant” and insert instead — “ the application and require the applicant ”. In paragraph (a)(ii) delete “complaint” in the second place where it occurs. In paragraph (b) delete “complainant.” and insert instead — “ applicant. ”. |
|
s. 205(7) |
Delete “complain to a justice of the seizure, or seizure and carrying away, concerned” and insert instead — “ make an application ”. |
|
s. 205(9) |
Delete “summary way before any 2 justices.” and insert instead — “ court of competent jurisdiction. ”. |
|
s. 217(6) |
Delete “justices” and insert instead — “ court ”. Delete “they think” and insert instead — “ it thinks ”. |
|
s. 221(2) |
Delete “justices” and insert instead — “ court of summary jurisdiction ”. |
|
s. 231(5) |
Delete “Justices Act 1902” and insert instead — “ Criminal Procedure (Summary) Act 1902 ”. |
|
s. 233 |
Delete “justices are” and insert instead — “ court of summary jurisdiction is ”. Delete “they” and insert instead — “ it ”. Delete “they think” and insert instead — “ it thinks ”. |
|
s. 246ZR(1) |
Delete “Justices Act 1902” and insert instead — “ Criminal Procedure (Summary) Act 1902 ”. |
|
s. 256(2) |
Repeal the subsection and insert instead — “ (2) All such expenses shall be recoverable in a court of competent jurisdiction by the Executive Director, Public Health or the local government. ”. |
|
s. 259(6) |
Delete “a magistrate.” and insert instead — “ the Magistrates Court. ”. |
|
s. 264(2) |
Delete “justices” and insert instead — “ court of summary jurisdiction ”. |
|
s. 290 |
In the definition of “declared patient” delete “a magistrate” and insert instead — “ the Magistrates Court ”. Delete the definition of “magistrate”. |
|
s. 294(2) |
Delete “a complaint” and insert instead — “ an application for an order under subsection (5) ”. Delete “against” and insert instead — “ in respect of ”. |
|
s. 294(3) |
Repeal the subsection and insert instead — “ (3) The application shall be made to the Magistrates Court in accordance with that court’s rules of court. ”. |
|
s. 294(4) |
Repeal the subsection and insert instead — “ (4) The Magistrates Court, constituted by a magistrate, shall hear and determine the application and may exclude all or any persons from the hearing and the publication of all or any part of the proceedings if, in the court’s opinion, having regard to the purpose of this Part, the particular circumstances of the case justify doing so. ”. |
|
s. 294(5) |
Delete “his” and insert instead — “ its ”. Delete “magistrate” and insert instead — “ court ”. Delete “he shall consider” and insert instead — “ it considers ”. |
|
s. 294(6) |
Delete “a complaint made” and insert instead — “ an application ”. In paragraph (a)(iv) delete “a complaint against” and insert instead — “ the application in respect of ”. |
|
s. 294(7) |
Delete “a magistrate” and insert instead — “ the Magistrates Court ”. |
|
s. 294(8)(a) |
Delete “a magistrate” in the 2 places it occurs and in each place insert instead — “ the Magistrates Court ”. |
|
s. 294(8)(b) |
Delete “a complaint,” and insert instead — “ an application, ”. |
|
s. 294(8)(c) |
Delete “magistrate” in the 2 places it occurs and in each place insert instead — “ court ”. Delete “he” in the 2 places it occurs and in each place insert instead — “ it ”. |
|
s. 295(b) |
Delete “a magistrate” and insert instead — “ the Magistrates Court ”. |
|
s. 307(4) |
Delete “or a resident or police magistrate in the district in which he is detained” and insert instead — “ , or to the Magistrates Court (to be constituted by a magistrate) at the place nearest to where he is detained, ”. |
|
s. 352(2) |
Delete “and taken before justices, there”. |
|
s. 362(1) |
Repeal the subsection. |
|
s. 362(2) |
Delete “the recovery of any penalty” and insert instead — “ an offence ”. |
|
s. 363 |
Repeal the section. |
|
s. 372(1) |
Delete “in a summary manner by a magistrate,” and insert instead — “ by the Magistrates Court, constituted by a magistrate, ”. |
|
s. 372(2) |
Delete “magistrate’s” and insert instead — “ court’s ”. |
|
s. 372(3) |
Delete “magistrate’s decision under the hand of the magistrate,” and insert instead — “ court’s decision ”. |
|
s. 372 |
In the proviso delete “a magistrate” and insert instead — “ the Magistrates Court ”. |
|
s. 377(10) |
Delete “justices” and insert instead — “ court of summary jurisdiction ”. |
|
s. 378 |
Delete “and magistrates”. |
74. Heritage of Western Australia Act 1990
|
s. 66(2) |
Delete “petty sessions” and insert instead — “ summary jurisdiction ”. |
|
s. 66(3)(a) |
Delete “Justices Act 1902” and insert instead — “ Criminal Procedure (Summary) Act 1902 ”. |
75. Hire Purchase Act 1959
|
s. 2(1) |
Delete the definition of “Local Court”. |
|
s. 9(3) s. 10 s. 12(3) s. 24(4) s. 25(2) s. 35 s. 36(1) s. 37A(1) |
In each provision delete “a Local Court” and insert instead — “ the Magistrates Court ”. |
76. Home Building Contracts Act 1991
|
Long title |
Delete “to amend the Small Claims Tribunals Act 1974,”. |
77. Income Tax Assessment Act 1937
|
s. 225 |
Repeal the section and insert instead — “ 225. Proceedings for offences (1) A prosecution for an offence under this Act must be commenced within 3 years after the date on which the offence is alleged to have been committed. (2) A court of summary jurisdiction dealing with an offence under this Act is to be constituted by a magistrate. ”. |
78. Interpretation Act 1984
|
s. 5 |
Delete these definitions: “Local Court” “petty sessional court‑house”. Delete the definition of “ “court of summary jurisdiction” or “court of petty sessions” ” and insert instead — “ “court of summary jurisdiction” means the Children’s Court or the Magistrates Court; ”. Delete the definition of “justice” and insert instead — “ “justice of the peace” or “justice” or “JP” means a justice of the peace appointed under the Justices of the Peace Act 2004; ”. Delete the definition of “magistrate” and insert instead — “ “magistrate” means a magistrate of the Magistrates Court; ”. Insert, in the appropriate alphabetical position — “ “Magistrates Court” means the Magistrates Court of Western Australia established by the Magistrates Court Act 2004; ”. |
|
s. 67(3) s. 67(4) |
In each provision delete “Justices Act 1902” in each place it occurs and in each place insert instead — “ Criminal Procedure (Summary) Act 1902 ”. |
|
After s. 67(4) |
Insert the following subsection — “ (5) This section does not limit the operation of Part 3 of the Children’s Court of Western Australia Act 1988. ”. |
79. Juries Act 1957
|
s. 3(1) |
Delete the definition of “Sheriff” and insert instead — “ “Sheriff” means the Sheriff of Western Australia and any deputy sheriff appointed by the Sheriff of Western Australia; ”. |
|
Second Schedule Pt I |
In clause 1(e) delete “Stipendiary”. Delete clause 2(f) and insert instead — “ (f) Bailiff or assistant bailiff appointed under the Civil Judgments Enforcement Act 2004. ”. |
80. Justices of the Peace Act 2004
|
s. 2 |
Delete “2003” and insert instead — “ 2004 ”. |
81. Kalgoorlie and Boulder Racing Clubs Act 1904
|
s. 19 |
Delete “the breach thereof shall be punishable in a summary manner before a Justice by” and insert instead — “ a person who contravenes any of them commits an offence and is liable to ”. |
|
s. 22 |
Delete “on conviction thereof before a justice forfeit and pay for every such offence over and above the amount of the injury done any sum” and insert instead — “ commit an offence and be liable, over and above the amount of the injury done, to a penalty ”. |
|
s. 23 |
Delete “convey him with all convenient despatch before some justice without any warrant or other authority than this Act and such justice shall proceed with all convenient despatch to the hearing of the complaint against the offender.” and insert instead — “ who shall deal with him according to law. ”. |
82. Land Administration Act 1997
|
s. 267(4) |
Repeal the subsection and insert instead — “ (4) Subject to subsection (5), a prosecution for an offence under subsection (2) must be commenced within 10 years after the date on which the offence is alleged to have been committed. ”. |
|
s. 267(5) |
Repeal the subsection and insert instead — “ (5) If an offence under subsection (2) is of a continuing nature, a prosecution for the offence may be commenced at any time during the continuance of that offence. ”. |
83. Land Boundaries Act 1841
|
s. 7 |
Repeal the section and insert instead — “ 7. Injuring landmarks an offence A person who wilfully injures or defaces any such landmark as aforesaid commits an offence. Penalty: Not less than $20 and not more than $100. ”. |
84. Land Drainage Act 1925
|
s. 71(3) |
Delete “, and any such order may be enforced as an order for a penalty under the Justices Act 1902”. |
|
s. 104 |
Repeal the section and insert instead — “ 104. Recovery of rates in arrears The Corporation may recover any rates that are in arrears in a court of competent jurisdiction as if they are a debt due to the Corporation on the date when the rates are payable under the by‑laws. ”. |
|
s. 154 |
Delete “justices” and insert instead — “ court ”. |
|
s. 158 |
Repeal the section. |
|
s. 161 |
Delete “petty sessions or before any justice” and insert instead — “ summary jurisdiction ”. |
|
s. 167(6) |
Delete “Justices Act 1902” and insert instead — “ Criminal Procedure (Summary) Act 1902 ”. |
85. Land Valuers Licensing Act 1978
|
s. 35(3) |
Delete “Justices Act 1902” and insert instead — “ Criminal Procedure (Summary) Act 1902 ”. |
86. Legal Practice Act 2003
|
s. 123(3)(a) |
After the paragraph insert — “ or ”. |
|
s. 123(3)(b) |
Delete the paragraph and “or” after it. |
|
s. 123(3)(c) |
Before “authorised” insert — “ expressly ”. |
|
s. 210(2)(b) |
Delete subparagraphs (iii) and (iv) and insert instead — “ (iii) the Magistrates Court; (iv) a court of summary jurisdiction; ”. |
87. Legal Representation of Infants Act 1977
|
s. 3(1) |
After paragraph (c) insert the following paragraph — “ (ca) the Magistrates Court in relation to its civil jurisdiction; ”. |
88. Library Board of Western Australia Act 1951
|
s. 12 |
Delete “justices or in any Court of Petty Sessions” and insert instead — “ a court of summary jurisdiction ”. |
89. Lights (Navigation Protection) Act 1938
|
s. 7 |
Delete “A complaint under the Justices Act 1902 for an offence against this Act may be made or sworn” and insert instead — “ A prosecution for an offence under this Act may be commenced ”. |
90. Limitation Act 1935
|
s. 3 |
In the definition of “Action” delete “a Local Court or other” and insert instead — “ any ”. |
91. Liquor Licensing Act 1988
|
s. 16(14) |
Delete “clerk” and insert instead — “ registrar ”. |
|
s. 143(3) |
Repeal the subsection and insert instead — “ (3) An order made under subsection (1) may be enforced by lodging a certified copy of it, and an affidavit stating to what extent it has not been complied with, with a court of competent jurisdiction. (4) When lodged, the order is to be taken to be a judgment of the court and may be enforced accordingly. ”. |
|
s. 169(1) |
Delete “Notwithstanding section 29 of the Justices Act 1902, a trial for an offence under this Act shall be heard and determined by a stipendiary magistrate where —” and insert instead — “ A court of summary jurisdiction hearing and determining a charge of an offence under this Act shall be constituted by a magistrate where — ”. |
92. Litter Act 1979
|
s. 27A(4) |
Delete “Justices Act 1902” and insert instead — |
93. Local Government Act 1995
|
s. 9.29(1) |
In the definition of “proceedings” delete paragraph (a) and “or” after it and insert instead — “ (a) proceedings in the Magistrates Court, the Children’s Court or the State Administrative Tribunal; or ”. |
94. Local Government (Miscellaneous Provisions) Act 1960
|
s. 399(3)(a) s. 399(3)(b) s. 400(3) |
In each provision delete “a court of petty sessions” and insert instead — “ the Magistrates Court ”. |
|
s. 401(7) |
Delete “a court of petty sessions on complaint by the local government” and insert instead — “ the Magistrates Court, on an application by the local government and on being satisfied ”. Delete “the complaint” and insert instead — “ the application ”. |
|
s. 404 |
Delete “a court of petty sessions on complaint by the local government” and insert instead — “ the Magistrates Court, on an application by the local government and on being satisfied ”. |
|
s. 406 |
Delete “a court of petty sessions may, upon the complaint of the local government to that effect,” and insert instead — “ the Magistrates Court may, on an application by the local government, ”. |
|
s. 408(4) s. 411(4) |
In each provision delete “a court of petty sessions, on complaint by the local government” and insert instead — “ the Magistrates Court, on an application by the local government and on being satisfied ”. Delete “the complaint” and insert instead — “ the application ”. |
|
s. 409(4) |
Delete “a court of petty sessions on complaint by the local government” and insert instead — “ the Magistrates Court, on an application by the local government and on being satisfied ”. |
|
s. 410(1) |
Delete “a court of petty sessions, on complaint to that effect by the local government,” and insert instead — “ the Magistrates Court, on an application by the local government, ”. |
|
s. 418 |
Delete “complaint” and insert instead — “ application ”. Delete “a court of petty sessions” and insert instead — “ the Magistrates Court ”. |
|
s. 430(2)(a) |
Delete the paragraph and “and” after it and insert instead — “ (a) may by leave of the Supreme Court be enforced in that court as if the award were a monetary judgment (within the meaning of section 3 of the Civil Judgments Enforcement Act 2004) of that court; and ”. |
|
s. 454 |
Delete “petty sessions” and insert instead — “ summary jurisdiction ”. |
|
s. 667(1) |
Delete “a court of petty sessions” and insert instead — “ the Magistrates Court ”. |
95. Long Service Leave Act 1958
|
s. 36 |
Repeal the section and insert instead — “ 36. Jurisdiction for offences Subject to section 19(1) of the Children’s Court of Western Australia Act 1988, an industrial magistrate’s court has jurisdiction to hear and determine a charge of an offence under this Act and that jurisdiction is exclusive of any other court except where an appeal lies to that other court. ”. |
96. Marketing of Potatoes Act 1946
|
s. 40(8) |
Delete “penalty imposed summarily under the Justices Act 1902.” and insert instead — |
97. Medical Act 1894
|
s. 23 |
Delete “A, E, F,”. |
98. Metropolitan Region Town Planning Scheme Act 1959
|
s. 26(3) |
Delete “, and upon a certified copy of the order under the hand of the officer having the custody of the record of the order being delivered to the Commission and registered by the Commission in the Local Court nearest to the place where the order was made the order may be enforced in the same way as if it had been a judgment of that Local Court”. |
|
After s. 26(4) |
Insert the following subsections — “ (4a) An order made under subsection (1) may be enforced by lodging a certified copy of it, and an affidavit stating to what extent it has not been complied with, with a court of competent jurisdiction. (4b) When lodged, the order is to be taken to be a judgment of the court and may be enforced accordingly. ”. |
99. Metropolitan Water Supply, Sewerage and Drainage Act 1909
100. Mines Safety and Inspection Act 1994
|
s. 31(4) |
Delete “stipendiary”. |
101. Minimum Conditions of Employment Act 1993
|
s. 46(1) |
Repeal the subsection and insert instead — “ (1) Subject to section 19(1) of the Children’s Court of Western Australia Act 1988, an industrial magistrate’s court established under Part III of the IR Act has jurisdiction to hear and determine a charge of an offence under this Part and that jurisdiction is exclusive of any other court except where an appeal lies to that other court. ”.
|
|
s. 46(2) |
Repeal the subsection and insert instead — “ (2) Part VIII of the Criminal Procedure (Summary) Act 1902 applies in respect of decisions of an industrial magistrate’s court made under subsection (1). ”. |
102. Misuse of Drugs Act 1981
|
s. 3(1) |
In the definition of “summary court” delete “Court of Petty Sessions” and insert instead — “ court of summary jurisdiction ”. |
103. Motor Vehicle Dealers Act 1973
|
s. 36 |
Delete “or a Small Claims Tribunal established under the Small Claims Tribunals Act 1974”. |
|
s. 38(1) s. 41A(1) |
In each provision delete “a Local Court” and insert instead — “ the Magistrates Court ”. |
|
s. 38(2) s. 41A(3) s. 41A(4) s. 41A(5) |
In each provision delete “Local Court” in each place it occurs and in each place insert instead — “ Magistrates Court ”. |
|
s. 37A(3) |
Delete “office of the Local Court” and insert instead — “ registry of the Magistrates Court at the place ”. Delete “a Local Court pursuant to the Local Courts Act 1904,” and insert instead — “ the Magistrates Court ”. |
|
s. 37A(5) |
Delete “office of the Local Court wherein” and insert instead — “ registry of the Magistrates Court in which ”. Delete “section 154 of the Local Courts Act 1904,” and insert instead — “ the Magistrates Court (Civil Proceedings) Act 2004 or the Magistrates Court’s rules of court, ”. |
104. Motor Vehicle Repairers Act 2003
|
s. 75(1) s. 76(1) |
In each provision delete “a Local Court” in each place it appears and in each place insert instead — “ the Magistrates Court ”. |
|
s. 77(1) |
Delete “Local Courts Act 1904” and insert instead — “ Magistrates Court (Civil Proceedings) Act 2004 ”. |
105. Motor Vehicle (Third Party Insurance) Act 1943
|
s. 16(1) |
In the definition of “Court” delete “Local Court established under the Local Courts Act 1904” and insert instead — “ Magistrates Court ”. |
|
s. 50(1) |
Delete “Justices” and insert instead — “ a court of summary jurisdiction ”. |
107. Native Title (State Provisions) Act 1999
|
s. 5.4(4) |
In the definition of “court” delete paragraph (a) and insert instead — “ (a) the Magistrates Court if the order would be within the jurisdictional limit of that Court in respect of the recovery of debts; ”. |
108. Newspaper Libel and Registration Act 1884
|
s. 17 |
Repeal the section. |
109. Occupational Safety and Health Act 1984
|
s. 51C(1)(b) |
Delete “Justices Act 1902” and insert instead — “ Criminal Procedure (Summary) Act 1902 ”. After “section 52” insert — “ , subject to section 19(1) of the Children’s Court of Western Australia Act 1988 ”. |
|
s. 51C(3) |
Delete “Local Courts Act 1904” and insert instead — “ Magistrates Court (Civil Proceedings) Act 2004 ”. Delete “a court under that Act.” and insert instead — “ the Magistrates Court. ”. |
|
s. 51C(4) |
Delete “Local Courts Act 1904” and insert instead — “ Magistrates Court (Civil Proceedings) Act 2004 ”. |
|
After s. 51C(5) |
Insert the following subsection — “ (6) Sections 15, 16, 35 and 36 and Part 3 Division 2 of the Magistrates Court Act 2004 apply to and in relation to a safety and health magistrate in the same way as they apply to and in relation to the Magistrates Court and its officers. ”. |
|
s. 51E |
Delete “Chief Stipendiary Magistrate” and insert instead — “ Chief Magistrate of the Magistrates Court ”. |
|
s. 52(2) |
Delete “Proceedings” and insert instead — “ Subject to section 19(1) of the Children’s Court of Western Australia Act 1988, proceedings ”. |
|
s. 54B(1) |
Repeal the subsection and insert instead — “ (1) Part VIII of the Criminal Procedure (Summary) Act 1902 applies in respect of decisions of a safety and health magistrate made under section 52. ”. |
110. Occupational Therapists Registration Act 1980
|
s. 42(2) |
Repeal the subsection and insert instead — “ (2) A court of summary jurisdiction dealing with an offence under this Act is to be constituted by a magistrate. ”. |
111. Official Prosecutions (Defendants’ Costs) Act 1973
|
s. 4(1) |
In the definition of “Summary Court” delete “a Court of Petty Sessions,” and insert instead — “ the Magistrates Court ”. |
112. Parks and Reserves Act 1895
|
s. 13 |
Repeal the section and insert instead — “ 13. Protection from liability (1) In this section, a reference to the doing of anything includes a reference to the omission to do anything. (2) An action in tort does not lie against a person, other than a Board, for anything that the person has, in good faith, done in the performance or purported performance of a function under this Act. (3) The protection given by this section applies even though the thing done in the performance or purported performance of a function under this Act may have been capable of being done whether or not this Act had been enacted. (4) This section does not relieve the Board or the Crown of any liability that it might have for the doing of anything by a person against whom this section provides that an action does not lie. ”. |
113. Parliamentary Commissioner Act 1971
|
s. 13(2) |
Delete paragraph (g) and insert instead — “ (g) the Magistrates Court, or a magistrate or acting magistrate appointed under the Magistrates Court Act 2004, or a Justice of the Peace when constituting that Court; (ga) the Children’s Court, or a judge, acting judge, magistrate or acting magistrate, appointed under the Children’s Court of Western Australia Act 1988, or a Justice of the Peace when constituting that Court; ”. Delete paragraph (k). |
114. Parole Orders (Transfer) Act 1984
|
s. 9(3)(a) |
Delete “a Court of Petty Sessions” and insert instead — “ the Magistrates Court ”. |
115. Partnership Act 1895
|
s. 28 |
Repeal the section and insert instead — “ 28. Enforcing judgments against partners and partnerships The enforcement of a judgment against a partner or against a partnership is subject to the Civil Judgments Enforcement Act 2004. ”. |
116. Pawnbrokers and Second‑hand Dealers Act 1994
|
s. 85(3) s. 86(1) s. 93(1) |
In each provision delete “a court of petty sessions” in each place it occurs and in each place insert instead — “ the Magistrates Court ”. |
|
s. 85(1) |
Repeal the subsection and insert instead — “ (1) If a person has reason to suspect that goods — (a) have been stolen or unlawfully obtained from the owner of the goods or have been pawned, sold or exchanged without the owner’s authority; and (b) are in the possession of a pawnbroker or second‑hand dealer, the person may apply to the Magistrates Court, without notice to the pawnbroker or dealer, for an order that the pawnbroker or dealer appear before the court and produce the goods to the court. (1a) On such an application, the Magistrates Court may make such order as it thinks fit and may issue a warrant to have the pawnbroker or dealer brought before the court. ”. |
|
s. 85(2) |
Delete “A court of petty sessions” and insert instead — “ On the appearance of the pawnbroker or dealer, or in default of appearance, the Magistrates Court ”. |
|
s. 86(2) |
Delete “A court of petty sessions” and insert instead — “ The Magistrates Court ”. |
|
s. 87(1) |
Repeal the subsection and insert instead — “ (1) The Magistrates Court (Civil Proceedings) Act 2004 and the Magistrates Court’s rules of court apply to and in respect of proceedings under sections 85 and 86. ”. |
117. Petroleum Act 1967
|
s. 14(3) s. 21(3) |
In each provision delete “Local Court held” and insert instead — “ Magistrates Court at the place ”. |
|
s. 17(4) |
Repeal the subsection and insert instead — “ (4) If within such time as may be prescribed the parties are unable to agree upon the amount of compensation to be paid, either party may apply to the Magistrates Court at the place nearest to where the land is situated to fix the amount of compensation. ”. |
|
s. 21(1) |
Delete “Local Court” and insert instead — “ Magistrates Court ”. |
|
s. 150(1) s. 150(2) s. 151 |
In each provision delete “a Local Court” and insert instead — “ the Magistrates Court ”. |
|
s. 151 |
Delete “the Local Court” in the 5 places it occurs and in each place insert instead — “ the Magistrates Court ”. |
118. Petroleum Products Pricing Act 1983
|
s. 22G(4) |
Repeal the subsection and insert instead — “ (4) An order the Commissioner made under subsection (3) may be enforced by lodging a copy of it, certified by the Commissioner to be a true copy, and an affidavit stating to what extent it has not been complied with, with a court of competent jurisdiction. (5) When lodged, the order is to be taken to be a judgment of the court and may be enforced accordingly. ”. |
|
s. 23(3) |
Delete “stipendiary”. |
119. Petroleum Safety Act 1999
|
s. 35(4)(d) |
Delete “stipendiary”. |
120. Pharmacy Act 1964
|
s. 43(1) |
Repeal the subsection. |
121. Podiatrists Registration Act 1984
|
s. 41(2) |
Repeal the subsection and insert instead — “ (2) A court of summary jurisdiction dealing with an offence under this Act is to be constituted by a magistrate. ”. |
122. Poisons Act 1964
|
s. 57(5)(a) |
Delete “petty sessions” and insert instead — “ summary jurisdiction ”. |
123. Police Act 1892
|
s. 12 s. 13 s. 15 s. 16(1) s. 18 s. 20 s. 31 s. 64 s. 67 s. 83 |
In each provision delete — “by any 2 or more Justices” or “by 2 or more Justices” or “before any 2 or more Justices” or “before 2 or more Justices” or “before any 2 Justices” in each place it occurs. |
|
s. 20 |
Delete “convicting Justices” and insert instead — “ convicting court ”. |
|
s. 21 |
Delete “before a Justice”. |
|
s. 22 |
Delete “in each magisterial district”. Delete “Justice sitting as a court of petty sessions in the district” and insert instead — “ court of summary jurisdiction ”. |
|
s. 32 |
Delete “a Local Court” and insert instead — “ the Magistrates Court ”. |
|
s. 33B(2)(a) s. 33C(4) s. 76G(3) |
In each provision delete “stipendiary” in each place it occurs. |
|
s. 34 |
Delete “any stipendiary magistrate or any 2 or more Justices” and insert instead — “ a magistrate ”. Delete “any such magistrate or Justices” in the 3 places it occurs and in each place insert instead — “ a magistrate ”. Delete “his or their hand or hands” and insert instead — “ his hand ”. Delete “said magistrate or Justices” and insert instead — “ magistrate ”. In the proviso, delete “or Justices”. |
|
s. 36 |
Delete “before any 2 or more Justices,” in the first place it occurs. Delete “before any 2 or more Justices” in the second place it occurs. Delete “or Justices”. Delete “said Justices” in the 2 places it occurs and in each place insert instead — “ court ”. |
|
s. 37 |
Delete “or Justice”. |
|
s. 41(1) |
Delete the passage that begins with “a misdemeanour” and ends with “determine.” and insert instead — “ an offence. Penalty: Imprisonment for 12 months or a fine of $4 000. ”. |
|
s. 41(3) |
Delete “a stipendiary magistrate” and insert instead — “ the Magistrates Court ”. Delete “and that magistrate” and insert instead — “ and that court, constituted by a magistrate, ”. Delete “as that magistrate” and insert instead — “ as that court ”. Delete “he” and insert instead — “ it ”. |
|
s. 41(5) |
Repeal the subsection. |
|
s. 41(7) |
Delete the passage that begins with “a misdemeanour” and ends with “determine.” and insert instead — “ an offence. Penalty: Imprisonment for 12 months or a fine of $4 000. ”. |
|
s. 43(1) |
Delete “brought before a Justice, to be dealt with” and insert instead — “ dealt with according to law ”. |
|
s. 43(2) |
Delete “brought before a Justice to be”. |
|
s. 44 |
Delete “brought before a Justice to be dealt with” and insert instead — “ dealt with according to law ”. |
|
s. 47 |
Delete “and conveyed before a Justice,” and insert instead — “ into custody ”. Delete “take and convey him before a Justice” and insert instead — “ have him dealt with according to law ”. Delete “and to convey him before a Justice” and insert instead — “ and to have him dealt with according to law ”. |
|
s. 49 |
Delete “brought before a Justice to be”. Delete “or until he shall have given bail for his appearance before a Justice in manner hereinbefore provided”. |
|
s. 64 |
Delete “and the convicting justices may, if they shall think fit, also require the offender to find sureties for keeping the peace”. |
|
s. 65(1) |
Delete “being thereto required by any Justice, or who having been duly summoned for such purpose, or brought before any Justice,”. Delete “such Justice” and insert instead — “ a court of summary jurisdiction ”. |
|
s. 68 |
Repeal all but the last sentence of the section. In the last sentence delete “And when” and insert instead — “ When ”. In the last sentence delete “felony” and insert instead — “ a crime ”. |
|
s. 69 |
Delete “brought before any Justice”. Delete “such Justice” and insert instead — “ a court of summary jurisdiction ”. Delete “in the discretion of the Justice”. |
|
s. 70 |
Delete “taken before a Justice” and insert instead — “ dealt with according to law ”. Delete “and carry before a Justice” and insert instead — “ to be dealt with according to law ”. |
|
s. 71 |
Delete “brought before any Justice”. Delete “such Justice” in the first place it occurs and insert instead — “ a court of summary jurisdiction ”. Delete “him” and insert instead — “ it ”. Delete “such Justice” in the second place it occurs and insert instead — “ the court ”. Delete “a misdemeanour” and insert instead — “ an offence ”. |
|
s. 72 |
Repeal the section. |
|
s. 73 |
Repeal the section. |
|
s. 76A |
Delete “any stipendiary magistrate” and insert instead — “ a court of summary jurisdiction ”. Delete “the magistrate” and insert instead — “ the court ”. |
|
s. 76C(1) |
Delete “any stipendiary magistrate” and insert instead — “ a court of summary jurisdiction ”. Delete “the magistrate” and insert instead — “ the court ”. |
|
s. 76D(1) |
Delete “any stipendiary magistrate” and insert instead — “ a court of summary jurisdiction ”. Delete “the magistrate” and insert instead — “ the court ”. |
|
s. 76D(2) |
Delete “the magistrate” and insert instead — “ the court ”. |
|
s. 76E |
Delete “magistrate” in the 2 places it occurs and in each place insert instead — “ court ”. |
|
s. 78 |
Repeal the section. |
|
s. 79A |
Delete “a misdemeanour, and on conviction before 2 Justices” and insert instead — “ an offence and ”. |
|
s. 81 s. 82 |
In each provision delete “Justice” in each place it occurs and in each place insert instead — “ court ”. |
|
s. 83(1) s. 83(2) |
In each provision delete “such Justices” and insert instead — “ the convicting court ”. |
|
s. 90 |
Delete “in the discretion of the Justices before whom he shall be convicted of the offence”. |
|
s. 100 |
Repeal the section. |
|
s. 108 |
Delete “brought before a Justice” and insert instead — “ dealt with according to law ”. |
|
s. 110 |
Delete “to take him before any Justice, or”. Delete “brought before a Justice, to be”. |
|
s. 121 |
Repeal the section. |
|
s. 122 |
Delete “and bring before him, or any other Justice,”. |
|
s. 123 |
Delete “Justice” and insert instead — “ court of summary jurisdiction ”. |
|
s. 124 |
Delete “before a Justice”. |
|
s. 128 |
Repeal the section. |
|
s. 133 |
Delete “Justice before whom” and insert instead — “ court of summary jurisdiction before which ”. Delete “such Justice” in the 2 places it occurs and in each place insert instead — “ the court ”. |
|
s. 134 |
Delete “summarily punishable on conviction before any Justice in petty sessions.” and insert instead — “ heard and determined by a court of summary jurisdiction. ”. |
|
Second Schedule |
Delete “me, or some other of the Justices of the Peace” and insert instead — “ a court of summary jurisdiction ”. |
124. Pollution of Waters by Oil and Noxious Substances Act 1987
|
s. 31(1) |
Delete “Justices Act 1902” and insert instead — “ Criminal Procedure (Summary) Act 1902 ”. |
125. Poultry Industry (Trust Fund) Act 1948
|
s. 26 |
Repeal the section. |
126. Prisoners (Interstate Transfer) Act 1983
|
s. 3(1) |
Delete the definition of “court of petty sessions”. After the definition of “joint prisoner” insert — “ “Magistrates Court” means the Magistrates Court constituted by a magistrate; ”. |
|
s. 12(1) |
Delete “A court of petty sessions” and insert instead — “ The Magistrates Court ”. Delete “a court of petty sessions” and insert instead — “ the court at the place ”. |
|
s. 13 |
Delete “The court of petty sessions before which the prisoner is brought pursuant to an order made under section 12(1) shall —” and insert instead — “ When a prisoner is brought before the Magistrates Court pursuant to an order made under section 12(1), the court shall — ”. |
|
s. 14(1) s. 14(4) |
In each provision delete “court of petty sessions” and insert instead — “ Magistrates Court ”. |
|
s. 32 |
Delete “Any court of petty sessions” and insert instead — “ The Magistrates Court ”. |
127. Prisons Act 1981
|
s. 3 |
Delete the definition of “magistrate”. |
|
s. 21 |
Delete “, 2 justices” and insert instead — “ or an officer of a court authorised by it to do so ”. |
|
s. 22 |
Delete “2 justices,” and insert instead — “ the State Coroner or a coroner, an officer of any such court authorised by it to do so, ”. |
|
s. 23 |
Delete “2 justices” and insert instead — “ registrar of the Magistrates Court ”. |
|
s. 73 |
Before “Where a charge” insert the subsection designation “(1)”. At the end of the section insert the following subsection — “ (2) If the visiting justice directs that a complaint be laid, the complaint shall be laid under the Criminal Procedure (Summary) Act 1902 and heard and determined by a court of summary jurisdiction as if it were a simple offence. ”. |
|
s. 74(2) |
Repeal the subsection and insert instead — “ (2) A court of summary jurisdiction hearing a charge of an aggravated prison offence may direct that the hearing shall take place in open court. ”. |
|
s. 74(3) |
Delete “magistrate or justices” and insert instead — “ court of summary jurisdiction ”. |
|
s. 79(1) |
Delete the passage that begins with “Where a complaint” and ends with “following penalties — ” and insert instead — “ A court of summary jurisdiction that convicts a prisoner of an aggravated prison offence may impose one or more of the following penalties — ”. |
|
s. 79(2) |
Delete “magistrate or 2 justices, as the case may be,” and insert instead — “ court of summary jurisdiction ”. Delete “he” and insert instead — “ it ”. |
|
s. 81(1) |
Delete “magistrate or 2 justices under section 79(1)” and insert instead — “ court of summary jurisdiction ”. |
|
s. 81(2) |
Delete “magistrate or 2 justices impose” and insert instead — “ court of summary jurisdiction imposes ”. |
|
s. 112 |
Repeal the section. |
128. Professional Standards Act 1997
|
s. 54 |
Repeal the section and insert instead — “ 54. Offences to be dealt with by magistrate A court of summary jurisdiction dealing with an offence under this Act is to be constituted by a magistrate. ”. |
129. Prostitution Act
|
s. 31(2) |
Delete “Justices Act 1902” in each place it occurs and in each place insert instead — “ Criminal Procedure (Summary) Act 1902 ”. |
|
s. 32(1) s. 38(2)(b) s. 42(2)(b) s. 45(3)(a) s. 45(4) |
In each provision delete “a court of petty sessions” in each place it occurs and in each place insert instead — “ the Magistrates Court ”. |
|
s. 32(6) |
Delete “A court hearing an application under subsection (1)” and insert instead — “ On an application under subsection (1), the court ”. |
|
s. 45(3)(c) |
Delete “the court of petty sessions to which the matter is transferred” and insert instead — “ the Magistrates Court ”. |
|
s. 45(4) |
In paragraphs (a), (b) and (c) delete “the court of petty sessions” in each place it occurs and in each place insert instead — “ the Magistrates Court ”. |
|
s. 45(5) |
Delete “clerk” and insert instead — “ registrar ”. |
|
s. 47(2) |
Repeal the subsection and insert instead — “ (2) If the decision was made by the Magistrates Court, the appeal is to be made in accordance with Part 7 of the Magistrates Court (Civil Proceedings) Act 2004. ”. |
130. Protective Custody Act 2000
|
s. 20(1) |
Delete “a Local Court” and insert instead — “ the Magistrates Court ”. |
|
s. 20(4) |
Delete “Local Court” and insert instead — “ Magistrates Court ”. |
131. Psychologists Registration Act 1976
|
s. 55(2) |
Repeal the subsection and insert instead — “ (2) A court of summary jurisdiction dealing with an offence under this Act is to be constituted by a magistrate. ”. |
132. Public Notaries Act 1979
|
s. 3 |
Delete the definition of “district” and insert instead — “ “district” means a district prescribed by rules made under section 17; ”. |
133. Public Trustee Act 1941
|
s. 37(5) |
Delete “clerk of the local court” and insert instead — “ Magistrates Court ”. |
|
s. 50(1) s. 50(2) |
Delete “clerk of courts” in each place it occurs and in each place insert instead — “ registrar of the Magistrates Court ”. |
134. Public Works Act 1902
|
s. 121 |
Repeal the section. |
135. Radiation Safety Act 1975
|
s. 51 |
Repeal the section and insert instead — “ 51. Offences to be dealt with by magistrate A court of summary jurisdiction dealing with an offence under this Act is to be constituted by a magistrate. ”. |
136. Rail Safety Act 1998
|
s. 56(1) |
Delete “Justices Act 1902” and insert instead — “ Criminal Procedure (Summary) Act 1902 ”. |
137. Real Estate and Business Agents Act 1978
|
s. 104 |
Delete “Registrar of the Court, or the clerk of petty sessions, as the case may be, of the Court” and insert instead — “ registrar of the court ”. |
|
s. 105(1) |
Delete “Registrar of the Court, or the clerk of petty sessions, as the case may be,” and insert instead — “ registrar of the court ”. |
|
s. 143(3) |
Delete “Justices Act 1902” and insert instead — “ Criminal Procedure (Summary) Act 1902 ”. |
138. Restraint of Debtors Act 1984
|
s. 6(3) |
Delete “a Local Court, or a court of petty sessions.” and insert instead — “ or the Magistrates Court. ”. |
|
s. 22(2) |
Delete “a Local Court” and insert instead — “ the Magistrates Court ”. |
139. Road Traffic Act 1974
140. Sale of Goods Act 1895
|
s. 26 |
Repeal the section. |
141. Sale of Land Act 1970
|
s. 7(1) |
Delete “writ of fieri facias or warrant of execution” and insert instead — “ judgment, order or memorial ”. |
142. Security and Related Activities (Control) Act 1996
|
s. 70 |
Delete “clerk or”. |
143. Sentencing Act 1995
144. Settlement Agents Act 1981
|
s. 85 |
Delete “Registrar of the Court, or the Clerk of Petty Sessions, as the case may be,” and insert instead — “ registrar ”. |
|
s. 121(3) |
Delete “Justices Act 1902” and insert instead — “ Criminal Procedure (Summary) Act 1902 ”. |
145. Soil and Land Conservation Act 1945
|
s. 44(2) |
Repeal the subsection. |
146. Spear‑guns Control Act 1955
|
s. 7(b) |
Delete “take him before any 2 justices to be” and insert instead — “ have him ”. |
|
s. 7(e) |
Delete “take it before any 2 justices to be dealt with according to law.” and insert instead — “ deal with it according to law. ”. |
147. Spent Convictions Act 1988
|
Schedule 3 cl. 1 |
In item 2 in the Table delete “Justices Act 1902” and insert instead — “ Justices of the Peace Act 2004 ”. |
148. State Administrative Tribunal Act 2004
|
s. 85(3) |
Delete “, and section 142(1) of the Supreme Court Act 1935 applies to the amount not paid under the order as if it were payable under a judgment of the court”. |
149. Stock (Identification and Movement) Act 1970
|
s. 60(2) |
Repeal the subsection and insert instead — “ (2) A court of summary jurisdiction dealing with an offence under this Act is to be constituted by a magistrate. ”. |
150. Strata Titles Act 1985
|
s. 15(5) |
In the definition of “registered interest” delete “a writ of fieri facias or a warrant of execution in respect of a lot;” and insert instead — “ an order or other legal process issued in respect of a lot for the purposes of enforcing a judgment or fine; ”. |
|
s. 116A(4) |
Delete paragraphs (a), (b) and (c) and insert instead — “ (a) the time for commencing an appeal under Part VIII of the Criminal Procedure (Summary) Act 1902 against the conviction referred to in subsection (1)(b) has expired without an appeal being commenced; or (b) any such appeal that is commenced has been determined, withdrawn or discontinued. ”. |
151. Street Alignment Act 1844
|
s. 9 |
Delete “convicted before any two Justices of the Peace of this Colony” and insert instead — “ who is summarily convicted ”. Delete “forfeit a sum” and insert instead — “ be liable to a fine ”. |
|
s. 16 |
Repeal the section. |
152. Street Collections (Regulation) Act 1940
|
s. 9 |
Repeal the section. |
153. Suitors’ Fund Act 1964
|
s. 3 |
In the definition of “appeal”, delete “an order to review granted under section 197 of the Justices Act 1902,” and insert instead — “ an appeal under Part VIII of the Criminal Procedure (Summary) Act 1902, ”. Delete the definition of “Court”. |
|
s. 5(1) |
Delete paragraphs (b) and (c) and insert instead — “ (b) upon the commencement of any case in the Magistrates Court under the Magistrates Court (Civil Proceedings) Act 2004; or (c) upon the issue of any summons to a defendant under the Criminal Procedure (Summary) Act 1902 in respect of a complaint to be heard by a court of summary jurisdiction, ”. |
|
s. 6(1) |
Delete “Local Courts or Courts of Petty Sessions” and insert instead — “ the Children’s Court or the Magistrates Court ”. |
154. Surveillance Devices Act 1998
|
s. 3(1) |
Delete the definition of “Chief Stipendiary Magistrate” and insert instead — “ “Chief Magistrate” means the Chief Magistrate of the Magistrates Court; ”. |
|
s. 23(2) s. 23(3) |
In each provision delete “Stipendiary”. |
155. Travel Agents Act 1985
|
s. 55 |
Delete “Justices Act 1902” and insert instead — “ Criminal Procedure (Summary) Act 1902 ”. |
156. University of Western Australia Act 1911
|
s. 16A(9)(b) |
Delete the paragraph and insert instead — “ (b) dealt with as a simple offence by a court of summary jurisdiction, ”. Delete “by way of a complaint under the Justices Act 1902.” and insert instead — “ as a simple offence. ”. |
|
s. 16D |
Repeal the section. |
157. Veterinary Preparations and Animal Feeding Stuffs Act 1976
|
s. 64(1) |
Repeal the subsection and insert instead — “ (1) A court of summary jurisdiction dealing with an offence under this Act is to be constituted by a magistrate. ”. |
158. Vexatious Proceedings Restriction Act 2000
|
s. 6(1)(c) and (d) |
Delete the paragraphs and “or” after paragraph (d) and insert instead — “ (c) in the case of proceedings before any other court, to the court; or ”. |
159. Warehousemen’s Liens Act 1952
|
s. 7(7)(a) s. 10(2)(a) |
In each provision delete “local court” and insert instead — “ Magistrates Court at the place ”. |
|
s. 7(7)(b) |
Delete “local court” and insert instead — “ Magistrates Court ”. |
|
Delete the paragraph and insert instead — “ (b) Money so paid into the court may, upon the order of the court made in open court or in chambers, be applied as the court thinks fit. ”. |
|
|
s. 10(4) s. 10(6) s. 12(e) |
In each provision delete “a local court” and insert instead — “ the Magistrates Court ”. |
|
s. 13 |
Delete “local courts” and insert instead — “ the Magistrates Court ”. |
160. Water Boards Act 1904
|
s. 34 |
Delete “any 2 Justices of the Peace may hear and determine the matter in a summary way, and” and insert instead — “ the Magistrates Court ”. Delete “he may, by any Justice of the Peace, be committed” and insert instead — “ the court may commit him ”. |
|
s. 102 |
Delete “, by complaint before 2 Justices of the Peace, or”. |
|
s. 108 |
Repeal the section and insert instead — “ 108. Prohibition on dealings in land (1) Where, in relation to any land, payment of any water rates or charges for water supplied thereon is in arrear, the Water Board may deliver a memorial, in the prescribed form, to that effect to the Registrar of Titles, or the Registrar of Deeds, as the case requires, who, without payment of a fee, shall register the memorial and endorse or note the title and land register or record, in respect of that land. (2) When the memorial is registered the Registrar of Titles, or the Registrar of Deeds, as the case requires, is prohibited from registering and from accepting for registration an instrument affecting the land without the consent of the Water Board until the land ceases under subsection (3) to be bound by this subsection. (3) When the payment in respect of which a memorial is registered under this section ceases to be in arrear, the Water Board shall deliver to the Registrar of Titles, or the Registrar of Deeds, as the case requires, a certificate sealed by the Board certifying that the payment has ceased to be in arrear and the Registrar of Titles, or the Registrar of Deeds, as the case requires, shall endorse the title and land register or record to that effect and when the certificate is so noted, the land ceases to be bound by subsection (2). ”. |
|
s. 109 |
Repeal the section. |
|
s. 156 |
Delete “any Local Court or Court of Petty Sessions, or before any Justice” and insert instead — “ the Children’s Court or the Magistrates Court ”. |
|
Seventh Schedule |
Repeal the Schedule. |
|
Eighth Schedule |
Repeal the Schedule. |
|
Tenth Schedule |
Repeal the Schedule. |
161. Waterways Conservation Act 1976
|
s. 71(1) |
Repeal the subsection and insert instead — “ (1) A court of summary jurisdiction dealing with an offence under this Act is to be constituted by a magistrate. ”. |
|
s. 71(4) |
Repeal the subsection and insert instead — “ (4) A prosecution for an offence under this Act must be commenced within 2 years after the date on which the offence is alleged to have been committed. ”. |
162. Weapons Act 1999
|
s. 16(2) |
Delete “Justices Act 1902” in the 2 places it occurs and in each place insert instead — “ Criminal Procedure (Summary) Act 1902 ”. |
|
s. 17(1) |
Delete “a court of petty sessions” and insert instead — “ the Magistrates Court ”. |
163. Weights and Measures Act 1915
|
s. 40(4) |
Delete “All offences against this Act may be prosecuted in a summary way under the Justices Act 1902, and proceedings” and insert instead — “ Proceedings ”. |
164. Welfare and Assistance Act 1961
|
s. 11 |
Delete “local court” and insert instead — “ court of competent jurisdiction ”. |
|
s. 13(3) |
Repeal the subsection and insert instead — “ (3) Where the debt, maintenance or money deemed to be assigned to the Minister pursuant to subsection (1) is paid or to be paid into any court, the Minister may give to the registrar of the court written notice of the assignment, and after receipt of such notice the registrar shall not pay out of court to any person other than the Minister or such person as the Minister may direct, any moneys then in the court or thereafter paid into the court in respect of the debt, maintenance or money, unless and until the Minister withdraws such notice and of that withdrawal gives notice in writing to the registrar. ”. |
|
s. 14 |
Delete “notwithstanding the provisions of section 51 of the Justices Act 1902”. |
|
s. 15(1) |
Delete “Registrar of the Supreme Court, if the court in which the order is made is the Supreme Court, or to the clerk of the court, if the court in which the order is made is other than the Supreme Court, written notice of the assignment, and after receipt of such notice the Registrar, or, as the case may be, by the court, shall —” and insert instead — “ the registrar of the court in which the order is made written notice of the assignment, and after receipt of such notice the registrar shall — ”. |
|
s. 18(2) |
Delete “local court, if that amount is within the jurisdiction of the local court, or otherwise in the Supreme Court, and the clerk of the local court, or, as the case may be, the appropriate officer of the Supreme Court, shall enter judgment for the Minister for the amount stated to be due in the certificate together with the fees paid for the certificate and for filing the same and entering judgment” and insert instead — “ court of competent jurisdiction ”. |
|
s. 18(3) |
Repeal the subsection and insert instead — “ (3) When filed in the court, the certificate is to be taken to be a judgment of the court and may be enforced accordingly. ”. |
|
s. 18(4) |
Repeal the subsection. |
165. Western Australian Marine Act 1982
|
s. 104 |
Repeal the section and insert instead — “ 104. Governor may establish Court of Marine Inquiry (1) The Governor, by proclamation, may establish a Court of Marine Inquiry to hear and determine an inquiry, investigation, appeal or reference under this Act. (2) A Court of Marine Inquiry is a court of record. (3) More than one Court of Marine Inquiry may be established at any one time. (4) Subject to any rules made under section 108, the practice and procedure of a Court of Marine Inquiry shall be the same as that of the Magistrates Court exercising its civil jurisdiction. (5) Subject to section 109(4) sections 15, 16, 35 and 36 and Part 3 Division 2 of the Magistrates Court Act 2004 apply to and in a Court of Marine Inquiry and its officers in the same way as they apply to and in relation to the Magistrates Court and its officers. ”. |
|
s. 105(1) |
Delete “Any one or more magistrates of the Local Court may sit as” and insert instead — “ One or more magistrates nominated by the Chief Magistrate of the Magistrates Court shall constitute ”. |
|
s. 107 |
Repeal the section and insert instead — “ 107. Officers of Court of Marine Inquiry Officers of the Magistrates Court shall be officers of Courts of Marine Inquiry. ”. |
|
s. 108(2) |
Delete “Local Courts Act 1904” and insert instead — “ Magistrates Court (Civil Proceedings) Act 2004 ”. |
166. Western Australian Trotting Association Act 1946
|
s. 9(3) |
Delete “the nearest Court of Petty Sessions” and insert instead — “ a court of summary jurisdiction ”. |
167. Wheat Products (Prices Fixation) Act 1938
|
s. 19(2) |
Repeal the subsection and insert instead — “ (2) A court of summary jurisdiction dealing with an offence under this Act is to be constituted by a magistrate. ”. |
168. White Phosphorus Matches Prohibition Act 1912
|
s. 14 |
Repeal the section. |
169. Wildlife Conservation Act 1950
170. Workmen’s Wages Act 1898
|
s. 2 |
Delete the definition of “Court” and insert instead — “ “Court” means the Court in which any proceeding may be taken under this Act, and includes a judge or magistrate of any such court; ”. |
|
s. 7 |
Delete “or the Clerk”. |
|
s. 24 |
Repeal the section. |
|
Schedule Form 2 |
Delete “or Clerk”. |
171. Young Offenders Act 1994
|
s. 3 |
Delete the definition of “clerk of the court”. Insert, in the appropriate alphabetical position — “ “registrar of the court”, in relation to the Children’s Court, means the registrar of the Children’s Court at the place where the relevant matter was heard; ”. |
|
s. 5 |
Delete “Justices Act 1902” and insert instead — “ Criminal Procedure (Summary) Act 1902 ”. |
|
s. 56(3) s. 59(1)(b) |
In each provision delete “clerk” in each place it occurs and in each place insert instead — “ registrar ”. |
|
s. 56(4) |
Repeal the subsection and insert instead — “ (4) Section 119 of the Sentencing Act 1995 applies to and in respect of an order made under this section for the payment of any amount as if the order were a compensation order made under that Act. ”. |
|
s. 166(3) |
Delete “or members of the Children’s Court.” and insert instead — “ of the Children’s Court or Justices of the Peace. ”. |
|
s. 169(c) |
Delete “a member of the Children’s Court” and insert instead — “ a justice of the peace ”. |
Schedule 2 — Other amendments to Acts
[s. 142]
1. Aboriginal Heritage Act 1972
|
s. 43(3) |
Delete “Local Court at Perth” and insert instead — “ Magistrates Court ”. |
|
s. 43(4) |
Delete “Local Court” in the 2 places where it occurs and in each place insert instead — “ Magistrates Court ”. |
|
s. 43(5) |
Delete “Local Court” in the 2 places where it occurs and in each place insert instead — “ Magistrates Court ”. |
|
s. 43(6) |
Delete “Local Court” in the 3 places where it occurs and in each place insert instead — “ Magistrates Court ”. |
|
s. 44 |
Delete “Local Court” and insert instead — “ Magistrates Court ”. |
|
s. 46(3) |
Delete “Local Court held nearest to the place where the object is then located, or, at his option, to the Local Court at Perth,” and insert instead — “ Magistrates Court ”. |
|
s. 46(4) |
Delete “Local Court” and insert instead — “ Magistrates Court ”. |
|
s. 47(2) |
Delete “Local Court” and insert instead — “ Magistrates Court ”. |
2. Aerial Spraying Control Act 1966
|
s. 8(1) |
Delete “to a Court of Petty Sessions constituted by a stipendiary magistrate sitting alone” and insert instead — “ to the Magistrates Court constituted by a magistrate ”. |
3. Agricultural Produce Commission Act 1988
|
s. 16(2) |
Delete “a Local Court and the Local Court” and insert instead — “ the Magistrates Court which ”. |
|
s. 16(3) |
Delete “Local Court” and insert instead — “ Magistrates Court ”. |
4. Agriculture and Related Resources Protection Act 1976
|
s. 7 |
Delete the definition of “Local Court”. |
|
s. 54(2) |
Delete “Local Court having jurisdiction where the land is situated, and the Local Court” and insert instead — “ Magistrates Court, and the Court ”. |
|
s. 54(4) |
Delete “Local Court having jurisdiction where the land is situated” and insert instead — “ Magistrates Court ”. |
5. Animal Welfare
|
s. 74(3) |
Delete “a Local Court” and insert instead — “ the Magistrates Court ”. |
|
s. 75(1) |
Delete “A Local Court” and insert instead — “ The Magistrates Court ”. |
6. Architects Act 1921
|
s. 22A(4) |
Delete “Justices of the Peace under the Justices Act 1902,” and insert instead — “ a court of summary jurisdiction under the Criminal Procedure (Summary) Act 1902, ”. Delete “Justices” and insert instead — “ such a court ”. |
7. Boxing Control Act 1987
|
s. 34(1) |
Delete “Local Court in accordance with the rules of the Local Court.” and insert instead — “ Magistrates Court in accordance with the court’s rules of court. ”. |
|
s. 34(3) |
Repeal the subsection and insert instead — “ (3) An appeal under this section shall be brought and the proceedings shall be conducted in the manner prescribed by the Magistrates Court’s rules of court, or in the absence of rules on the matter, in the manner directed by the court. ”. |
|
s. 34(4) s. 34(5) |
In each provision, delete “Local Court” and insert instead — “ Magistrates Court ” |
8. Cemeteries Act 1986
|
s. 19(2) |
Delete “a Local Court” and insert instead — “ the Magistrates Court ”. |
|
s. 19(3) |
Delete “clerk of the Local Court to which the appeal is to be made” and insert instead — “ Court ”. |
|
s. 19(4) |
Delete “before a Local Court conducted by a stipendiary magistrate.” and insert instead — “ by the Magistrates Court constituted by a magistrate. ”. |
|
s. 19(5) |
Delete “Local”. |
|
s. 19(6) |
Delete “a Local Court” and insert instead — “ the Court ”. |
9. Chiropractors Act 1964
|
s. 20A |
Delete “Local Court” in the 3 places where it occurs and in each place insert instead — “ Magistrates Court ”. |
10. Commercial Tribunal Act 1984
|
s. 24(2) |
Delete “clerk of a Local Court” and insert instead — “ Magistrates Court ”. Delete “clerk shall” and insert instead — “ court shall ”. |
11. Community Services Act 1972
|
s. 17C |
Delete “Local Court” in the 4 places where it occurs and in each place insert instead — “ Magistrates Court ”. |
12. Control of Vehicles (Off‑road areas) Act 1978
|
s. 33(1) |
Delete “a court of petty sessions,” and insert instead — “ the Magistrates Court, ”. |
13. Debt Collectors Licensing Act 1964
|
s. 3 |
Delete the definition of “Court” and insert instead — “ “Court” means the Magistrates Court; ”. |
|
s. 8(3) |
Delete “the Clerk of the Court held” and insert instead — “ a Clerk of the Court at the place ”. Delete “Court nearest” and insert instead — “ Court at the place nearest ”. |
|
s. 9(5) |
Delete “a Stipendiary Magistrate, he” and insert instead — “ the Court, it ”. |
|
s. 10(1) |
Delete “Court held” and insert instead — “ Court at the place ”. |
|
s. 10(4) |
Delete “a Court” and insert instead — “ the Court ”. |
|
s. 11(1) |
Delete “a Court” and insert instead — “ the Court ”. |
|
s. 12(1) |
Repeal the subsection and insert instead — “ (1) The Court shall keep a register of all licences, renewals of licences and cancellation of licences granted or made by it. ”. |
14. Dental Prosthetists Act 1985
|
s. 22(1) |
Delete “a Local Court” and insert instead — “ the Magistrates Court ”. |
|
s. 22(3) |
Delete “A Local Court to which an appeal is made under subsection (1)” and insert instead — “ The Magistrates Court ”. |
|
s. 22(4) |
Delete “A Local Court” and insert instead — “ The Court ”. |
15. Dog Act 1976
|
s. 16A(3) |
Delete “Local Court” and insert instead — “ Magistrates Court at the place ”. |
|
s. 17(1) s. 27(7) s. 33I(2)(a) |
In each provision, delete “Local Court held” wherever it occurs and in each place insert instead — “ Magistrates Court at the place ”. |
|
s. 17(2) s. 17(3) s. 17(3a) s. 17(5) s. 33G(6) s. 33I(3) s. 33J |
In each provision, delete “the Local Court” wherever it occurs and in each place insert instead — “ the Magistrates Court ”. |
|
s. 33F(2) s. 33F(6) s. 33G(2) s. 33G(3) s. 33G(4) s. 33H(5) s. 33I(1) s. 33I(2) s. 33I(3) s. 33L(1) |
In each provision delete “a Local Court” wherever it occurs and in each place insert instead — “ the Magistrates Court ”. |
|
s. 33I(2)(b) |
Delete “that Local Court” and insert instead — “ the Magistrates Court ”. |
|
s. 36(3) |
Delete “nearest Local Court and the dog shall be detained until that Local Court” and insert instead — “ Magistrates Court at the place in or nearest to the local government district and the dog shall be detained until that court ”. |
16. Electricity Act 1945
|
s. 32(3)(f) |
Delete “a Local Court” and insert instead — “ the Magistrates Court ”. |
17. Employment Agents Act 1976
|
s. 4(1) |
In the definition of “licensing officer”, delete “a court of summary jurisdiction” and insert instead — “ the Magistrates Court ”. |
|
s. 22(3) |
Delete “the clerk of the Court of Petty Sessions” and insert instead — “ a clerk of the Magistrates Court at the place ”. |
|
s. 23 |
Delete “A Court of Petty Sessions constituted by a Stipendiary Magistrate sitting alone” and insert instead — “ The Magistrates Court, constituted by a magistrate, ”. |
|
s. 24(1) |
Delete “a Court of Petty Sessions” and insert instead — “ the Magistrates Court ”. |
|
s. 25(1) |
Repeal the subsection and insert instead — “ (1) If the licensing officer, or a person authorized by him, is of the opinion that a person, firm or body corporate to which this section applies — (a) has been guilty of improper conduct in relation to the carrying on of the business of an employment agent; or (b) has been guilty of any offence involving dishonest or fraudulent conduct, or of an offence under this Act, the licensing officer or person authorized by him may apply to the Magistrates Court, constituted by a magistrate, for an order that the person, firm or body corporate be summoned to show cause why the licence should not be suspended or cancelled, and why that person, firm or body corporate should not be disqualified, either temporarily or permanently, from holding or taking the benefit of a licence. ”. |
|
s. 25(3) |
Delete “a court” in the 2 places where it occurs and in each place insert instead — “ the court ”. |
18. Fire Brigades Act 1942
|
s. 25A(4)(a) |
Delete “a Judge of”. Delete “or a court of petty sessions held” and insert instead — “ (to be constituted by a single Judge), or to the Magistrates Court (to be constituted by a magistrate) at the place ”. |
|
s. 25A(4)(b) |
Delete “stipendiary” in the 2 places where it occurs. |
|
s. 25A(4)(c) |
Delete the paragraph. |
|
s. 33(e) |
In the proviso delete “a magistrate sitting as a court of petty sessions within the district” and insert instead — “ the Magistrates Court ”. |
19. Firearms Act 1973
|
s. 22(1) |
Delete the definition of “magistrate”. Delete the semi colon after the definition of “firearms appeal tribunal” and insert a full stop instead. |
|
s. 22(3) |
Delete “a magistrate” and insert instead — “ the Magistrates Court ”. |
|
After s. 22(6) |
Insert the following subsection — “ (6a) If an appeal is made to the Magistrates Court the court shall be constituted by a magistrate. ”. |
|
s. 22(7) |
Delete “A magistrate” and insert instead — “ The Magistrates Court ”. Delete “whom or”. |
|
s. 22(8) |
Delete “the magistrate” and insert instead — “ the Magistrates Court ”. |
|
s. 22(9) |
Repeal the subsection and insert instead — “ (9) In determining an appeal the Magistrates Court may make any other order, including an order as to costs, that the court thinks fit. ”. |
|
Schedule 3 cl. 1 |
Delete the definition of “CSM” and insert instead — “ “Chief Magistrate” means the Chief Magistrate of the Magistrates Court; ”. |
|
Schedule 3 |
Delete “CSM” wherever it occurs and insert instead — “ Chief Magistrate ”. |
20. First Home Owner Grant Act 2000
|
s. 31(1) |
Delete “a Local Court” and insert instead — “ the Magistrates Court ”. |
|
s. 32(1) |
Delete “A Local Court” and insert instead — “ The Magistrates Court ”. |
21. Gas Standards Act 1972
|
s. 13B(6) |
Delete “Magistrate of the Local Court” and insert instead — “ Magistrates Court ”. |
|
s. 13B(7) |
Delete “The Magistrate of the Local Court at Perth — “ and insert instead — “ The Magistrates Court, constituted by a magistrate — ”. Delete “Magistrate shall” and insert instead — “ Court shall ”. |
|
s. 13B(8) |
Delete “Local Court” and insert instead — “ Magistrates Court ”. |
22. Hairdressers Registration Act 1946
|
s. 16(5) |
Delete “a stipendiary magistrate” and insert instead — “ the Magistrates Court ”. |
|
s. 16(6) |
Delete “Such stipendiary magistrate” and insert instead — “ The Magistrates Court, constituted by a magistrate, ”. Delete “he” and insert instead — “ it ”. Delete “his” in the 2 places where it occurs and in each place insert instead — “ its ”. |
23. Health Act 1911
|
s. 36(1) |
Delete “a magistrate sitting as a court of petty sessions within the district.” and insert instead — “ the Magistrates Court at the place nearest to or in the district. ”. |
|
s. 36(2) |
Delete “magistrate” and insert instead — “ court ”. |
|
s. 36(3) |
Delete “magistrate” and insert instead — “ court, constituted by a magistrate, ”. Delete “he” and insert instead — “ it ”. |
|
s. 246Y(6) |
Delete “a Local Court” and insert instead — “ the Magistrates Court ”. |
|
s. 246Y(8) |
Delete “A Local Court to which an appeal has been made under subsection (6) —” and insert instead — “ The Magistrates Court — ”. |
|
s. 246ZG(1) |
Delete “a Local Court” and insert instead — “ the Magistrates Court ”. |
|
s. 246ZG(3) |
Delete “A Local Court to which an application is made under subsection (1)” and insert instead — “ On receipt of an application made under subsection (1), the Magistrates Court ”. |
|
s. 246ZG(4) |
Delete “Local Court concerned” and insert instead — “ Magistrates Court ”. In paragraph (a) delete “that Local Court” and insert instead — “ the court ”. |
24. Hire Purchase Act 1959
|
s. 3(4f) s. 3(4g) s. 3(4h) s. 3(4j) s. 12A(2) s. 12A(3) s. 36A(5) s. 36A(6) s. 36A(7) s. 36A(8) |
In each provision delete “a Local Court” and insert instead — “ the Magistrates Court ”. |
25. Hospitals and Health Services Act 1927
|
s. 26H(1) |
Delete “Local Court” and insert instead — “ Magistrates Court ”. |
|
s. 26H(2) |
Delete “clerk of the Local Court” and insert instead — “ Magistrates Court ”. |
26. Land Administration Act 1997
27. Licensed Surveyors Act 1909
|
s. 21(1b) s. 21(1c) |
In each provision, delete “a Local Court” and insert instead — “ the Magistrates Court ”. In each provision delete “the Local Court” wherever it occurs and in each place insert instead — “ the Magistrates Court ”. |
|
s. 21(1b) |
Delete “the clerk of”. |
28. Local Government Act 1995
|
s. 2.27(6) s. 2.27(7) |
In each provision, delete “a court of summary jurisdiction” and insert instead — “ the Magistrates Court ”. |
|
s. 2.27(8) |
Repeal the subsection and insert instead — “ (8) An application to the Magistrates Court under this section is to be made in accordance with that court’s rules of court and is to be heard and determined by the court constituted by a magistrate. ”. |
|
s. 7.13(d)(iii) |
Delete “Local Court” and insert instead — “ Magistrates Court ”. |
|
s. 9.8(1) s. 9.8(4) |
In each provision delete “a Local Court” and insert instead — “ the Magistrates Court ”. |
|
s. 9.8(3) |
Delete “A Local Court” and insert instead — “ The Magistrates Court ”. |
29. Marketing of Eggs Act 1945
|
s. 32(3) |
Delete “local court held” and insert instead — “ Magistrates Court at the place ”. |
30. Marketing of Potatoes Act 1946
|
s. 31 |
Delete “a magistrate, which determination the magistrate” and insert instead — “ the Magistrates Court which determination the court ”. Delete “made by summons”. |
31. Metropolitan Region Town Planning Scheme Act 1959
|
s. 36(2b)(b)(i) |
Delete “a Local Court, sitting at a” and insert instead — “ the Magistrates Court at the ”. Delete “$1 000” and insert instead — “ the jurisdictional limit of that court (within the meaning of the Magistrates Court (Civil Proceedings) Act 2004) ”. |
|
s. 36(2b)(b)(ii) |
Delete “$1 000” and insert instead — “ that jurisdictional limit ”. |
32. Metropolitan Water Supply, Sewerage and Drainage Act 1909
|
s. 57D(1) |
Delete “a Local Court established under the Local Courts Act 1904 held at any” and insert instead — “ the Magistrates Court at a ”. |
|
s. 57D(2) |
Delete “Clerk of the Local Court to which the appeal is made” and insert instead — “ Magistrates Court ”. |
|
s. 57D(3) |
Delete “Local Court” and insert instead — “ Magistrates Court ”. Delete the comma after paragraph (c) and the rest of the subsection and insert instead a full stop. |
|
s. 57D(4) s. 57D(5) |
In each provision, delete “Local Court” and insert instead — “ Magistrates Court ”. |
33. Motor Vehicle Drivers Instructors Act 1963
|
s. 10(2)(a) s. 10(4) |
In each provision, delete “a Court of Petty Sessions” and insert instead — “ the Magistrates Court ”. |
|
Delete subparagraph (i) and “and” after it and insert instead — “ (i) the Court; and ”. |
|
|
s. 10(5) |
Repeal the subsection and insert instead — “ (5) An appeal under this section shall be in the nature of a rehearing and shall be heard and determined by the Magistrates Court constituted by a magistrate. ”. |
34. Nurses Act 1992
|
s. 78(1) |
Delete “a magistrate of the appropriate Local Court.” and insert instead — “ the Magistrates Court. ”. |
|
s. 78(2) |
Delete “A Local Court is appropriate for the purposes of this section if it is the nearest Local Court” and insert instead — “ The appeal shall be made to the Magistrates Court at the place nearest ”. |
|
s. 78(3)(a) |
Delete “the clerk of the appropriate Local Court” and insert instead — “ the Court ”. |
|
s. 78(4) |
Delete “a magistrates of the appropriate Local Court,” and insert instead — “ the Magistrates Court, ”. |
|
s. 78(5) |
Delete “magistrate” and insert instead — “ Court, constituted by a magistrate, ”. |
|
s. 78(7) |
Delete “Local Courts Act 1904” and insert instead — “ Magistrates Court (Civil Proceedings) Act 2004 ”. |
35. Occupational Therapists Registration Act 1980
|
s. 33(2) s. 33(3) |
In each provision delete “Local Court” and insert instead — “ Magistrates Court ”. |
|
s. 33(4) |
Delete “Local Court hearing” and insert instead — “ Magistrates Court on hearing ”. |
36. Painters’ Registration Act 1961
|
s. 16E(1)(b) s. 16G(b) s. 16H(2) |
In each provision delete “a magistrate” and insert instead — “ the Magistrates Court ”. |
|
s. 18(1) |
Delete “therefrom to a stipendiary magistrate of the Local Court” and insert instead — “ to the Magistrates Court at the place ”. Delete “clerk of that”. |
|
s. 18(2) |
Delete “magistrate” and insert instead — “ Court, constituted by a magistrate, ”. Delete “he” and insert instead — “ it ”. Delete “his” and insert instead — “ its ”. |
|
s. 18(3) |
Delete “magistrate” and insert instead — “ Court ”. Delete “he” and insert instead — “ it ”. Delete “magistrate’s” and insert instead — “ Court’s ”. |
|
s. 18(4) |
Delete “magistrate” and insert instead — “ Court ”. |
37. Pawnbrokers and Second‑hand Dealers Act 1994
|
s. 29 |
In each provision delete “a court of petty sessions” wherever it occurs and in each place insert instead — “ the Magistrates Court ”. |
|
s. 30(1) s. 32(1) |
In each provision delete “a Court” and insert instead — “ the Court ”. |
|
s. 30(3) |
Delete “A Court” and insert instead — “ The Court ”. |
|
After s. 30(5) |
Insert the following subsection — “ (6) An appeal is to be commenced and conducted in accordance with rules of court. ”. |
|
s. 31 |
Repeal the section and insert instead — “ 31. Appeals, court fees for The Governor may make regulations prescribing the fees payable to the Court in respect of an appeal under section 30. ”. |
38. Plant Pests and Diseases (Eradication Funds) Act 1974
|
s. 13(6) |
Delete “a local court constituted under the Local Courts Act 1904,” and insert instead — “ the Magistrates Court ”. |
39. Podiatrists Registration Act 1984
|
s. 33(2) s. 33(3) |
In each provision delete “Local Court” wherever it occurs an in each place insert instead — “ Magistrates Court ”. |
|
s. 33(4) |
Delete “Local Court” and insert instead — “ Magistrates Court on ”. |
40. Poisons Act 1964
|
s. 29(1) |
Delete “a stipendiary magistrate sitting as a court of summary jurisdiction.” and insert instead — “ the Magistrates Court. ”. |
|
s. 29(2) |
Repeal the subsection and insert instead — “ (2) The Magistrates Court, constituted by a magistrate, shall hear the appeal and shall inquire into and decide upon the appeal and may make such order in the matter as it may think just, and its decision shall be final and conclusive. ”. |
41. Psychologists Registration Act 1976
|
s. 42(3) |
Delete “Justices of the Peace under the Justices Act 1902” and insert instead — “ a court of summary jurisdiction under the Criminal Procedure (Summary) Act 1902 ”. Delete “Justices” in the second place where it occurs and insert instead — “ such a court ”. |
42. Public Meetings and Processions Act 1984
|
s. 3 |
Delete the definition of “magistrate”. In the definition of “order” delete “a magistrate” and insert instead — “ the Magistrates Court ”. |
|
s. 4(2) |
Delete “a magistrate” and insert instead — “ the Magistrates Court ”. |
|
s. 8(1) |
Delete “the magistrate” and insert instead — “ the Magistrates Court ”. Delete “a magistrate” and insert instead — “ the Magistrates Court ”. |
|
s. 8(2) |
Delete “magistrate” and insert instead — “ Magistrates Court ”. |
|
s. 8(3) |
Delete “magistrate” and insert instead — “ Magistrates Court ”. Delete “he” and insert instead — “ it ”. |
|
s. 8(4) |
Delete “a magistrate” and insert instead — “ the Magistrates Court ”. Delete “that magistrate” and insert instead — “ the court ”. |
|
s. 8(5) |
After “this section” insert — “ shall be heard by the Magistrates Court constituted by a magistrate and ”. |
|
s. 8(6) |
Delete “A magistrate” and insert instead — “ The Magistrates Court ”. Delete “he” and insert instead — “ it ”. Delete “a magistrate” and insert instead — “ the court ”. Delete “the magistrate” in the 2 places where it occurs and in each place insert instead — “ the court ”. |
|
s. 8(7) |
Delete “magistrate” and insert instead — “ Magistrates Court ”. |
43. Racing Penalties (Appeals) Act 1990
|
s. 23(3) |
Repeal the subsection and insert instead — “ (3) The certified copy of the record of the determination may be lodged with the Magistrates Court in accordance with the court’s rules of court (which may provide for the payment of a lodging fee), for registration and when registered by the court may be enforced as if it were a judgment of the court. ”. |
44. Radiation Safety Act 1975
|
s. 54(3) |
Delete “a Court of Petty Sessions, constituted by a Stipendiary Magistrate sitting alone” and insert instead — “ the Magistrates Court (to be constituted by a magistrate) ”. |
45. Retirement Villages Act 1992
|
s. 37(2) |
Delete “a Local Court” and insert instead — “ the Magistrates Court ”. |
|
s. 72(1)(a) |
Delete “by a local court under Part VI of the Local Courts Act 1904;” and insert instead — “ made by the Magistrates Court under the Magistrates Court (Civil Proceedings) Act 2004; ”. |
|
s. 72(1)(b) |
Delete “a local court in its jurisdiction under Part III of the Local Courts Act 1904.” and insert instead — “ the Magistrates Court. ”. |
46. Road Traffic Act 1974
|
s. 25(1) |
Delete “a court of petty sessions” and insert instead — “ the Magistrates Court ”. |
|
s. 48(4) |
Delete “apply, by way of a complaint, to a court of petty sessions” and insert instead — “ apply to the Magistrates Court ”. |
|
s. 48(5) |
Delete “stipendiary”. |
|
s. 48(6)(a) |
Delete “apply by way of a complaint to a court of petty sessions constituted by a stipendiary magistrate” and insert instead — “ apply to the Magistrates Court ”. |
|
s. 48(6)(b) |
After “court” insert — “ , which shall be constituted by a magistrate, ”. |
47. Security and Related Activities (Control) Act 1996
|
s. 71 |
Repeal the section and insert the following section instead — “ 71. Interpretation In this Division — “Court” means the Magistrates Court. ”. |
|
s. 72(1) |
Delete “a Court” and insert instead — “ the Court ”. |
|
After s. 72(1) |
Insert — “ (1a) The Court, constituted by a magistrate, shall hear and determine an appeal commenced under this section. ”. |
|
s. 72(3) |
Delete “A Court” and insert instead — “ The Court ”. |
48. Strata Titles Act 1985
|
s. 72 |
Delete “stipendiary”. |
|
s. 118 |
Delete “office of a Clerk of a Local Court” and insert instead — “ Magistrates Court ”. Delete “by a Local Court” and insert instead — “ by the Magistrates Court ”. |
49. Taxi Act 1994
|
s. 20(4) s. 22(2) s. 23(4) s. 30(3) s. 37(2) s. 38(1) |
In each provision delete “a Local Court” and insert instead — “ the Magistrates Court ”. |
|
s. 20(5) s. 22(3) s. 23(5) s. 30(4) s. 37(3) |
In each provision delete “A Local Court” and insert instead — “ The Magistrates Court ”. |
50. Transport Co-ordination Act 1966
51. Veterinary Preparations and Animal Feeding Stuffs Act 1976
|
s. 40(3) |
Delete “a stipendiary magistrate sitting as a court of summary jurisdiction who may make such order in the matter as he thinks just.” and insert instead — “ the Magistrates Court. ”. |
|
After s. 40(3) |
Insert the following subsection — “ (3a) The Magistrates Court, constituted by a magistrate, shall hear and determine the appeal and may make such order as it thinks just. ”. |
By Authority: JOHN A. STRIJK, Government Printer