Acts Amendment (Jurisdiction of Courts) Act 1981 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT

(JURISDICTION OF COURTS).

No. 118 of 1981.

AN ACT to amend The Criminal Code, the District Court of Western Australia Act 1969-1978 and the Local Courts Act 1904-1976.

[Assented to 14 December 1981.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1.    This Act may be cited as the Acts Amendment Short title.

(Jurisdiction of Courts) Act 1981.

2.    This Act shall come into operation on a day Commence-

to be fixed by proclamation.

No. 118.] Acts Amendment (Jurisdiction [1981.

of Courts).

PART I—THE CRIMINAL CODE.

Interpreta-

tion.	3. In this Part, "the Code" means The Criminal
Reprinted as

approved 8	Code set out in the Schedule to the Criminal Code
December
1978 and	Act 1913 appearing in Appendix B to the Criminal
amended by
Acts Nos. 67,	Code Act Compilation Act 1913 as amended from
68 and 107 of
1979 and 96	time to time.
of 1980.
Specified
sections of	4. The Code is amended by deleting "imprison- ment with hard labour for life" wherever it occurs in the sections referred to in the schedule to this section and substituting in each case the following-
Code
amended.

" imprisonment with hard labour for twenty

years " .

SCHEDULE.

Section Section

47   343

185                    390B

186   398

197   401

287   444

292   449

293   451

294                   451A

295   453

296   454

296A	511.
298

Section 134

amended. 5. Section 134 of the Code is amended by deleting "imprisonment with hard labour for life" in the second place where it occurs and substituting the following-

" imprisonment with hard labour for twenty

years " .

1981.] Acts Amendment (Jurisdiction [No. 118.

of Courts).

6. Section 393 of the Code is amended by deleting 2,1=1„19.3

the second paragraph and substituting the following

paragraphs

CC If the offender is armed with any dangerous

or offensive weapon or instrument, he is liable to imprisonment with hard labour for life, with or without whipping.

If the offender is in company with one or more other person or persons, or if at or immediately before or immediately after the time of the robbery, he wounds or uses any other personal violence to any person, he is liable to imprisonment with hard labour for twenty years, with or without whipping. " .

PART II-DISTRICT COURT OF WESTERN AUSTRALIA

ACT 1969-1978.

Citation.

(1) In this Part, the District Court of Western Australia Act 1969-1978 is referred to as the	Reprinted as
approved5 September
principal Act.	1980.
(2) The principal Act as amended by this Act may be cited as the District Court of Western Australia Act 1969-1981.
Section 42

7.

8.

Section 42 of the principal Act is amended in

subsection (2) by deleting "exceeds fourteen years"

and substituting the following-

amended.

" is imprisonment for life " .

Section 50

9. Section 50 of the principal Act is amended in subsection (1)- amended.

(a) by deleting "twenty" wherever it occurs and substituting in each case the fol- lowing

" fifty " ;

No. 118.] Acts Amendment (Jurisdiction [1981.

of Courts).

(b) by deleting paragraph (b) and substituting the following paragraphs

Li (b) an action brought to recover a sum

of not more than fifty thousand dollars which is the whole or part of the unliquidated balance of a partnership account, including in any such action jurisdiction, powers and authority relating to declaration of partnership or dissolution of partnership;

(ba) an action brought to recover a sum of not more than fifty thousand dollars which is the amount or part of the amount of the distributive share under an intestacy or of a legacy under a will;

(bb) an action for specific performance of or for the rectifying, delivering up, or cancelling of any agreement whatever, where the amount in dispute or the value of the property affected is not more than fifty thousand dollars; " ; and

(c) by deleting "ten" in both places where it occurs in paragraph (d) and substituting in each case the following-

" twenty-five " .

Section 51 amended. 10. Section 51 of the principal Act is amended in

subsection (1)-

(a) by deleting "twenty" in both places where it occurs and substituting in each case the following-

" fifty " ; and

(b) by deleting "thirty" and substituting the following-

" seventy-five " .

1981.] Acts Amendment (Jurisdiction [No. 118.

of Courts).

Section 60

Section 60 of the principal Act is amended by

deleting "twenty" in both places where it occurs

and substituting in each case the following-

amended.

11.

" fifty "

PART III-LOCAL COURTS ACT 1904-1976.

Citation.

(1) In this Part the Local Courts Act 1904- 1976 is referred to as the principal Act.	Reprinted as
December
approved 10
1975 and amended by Acts Nos.
(2) The principal Act as amended by this Act may be cited as the Local Courts Act 1904-1981.	69 and 111
of 1976.
Section 30

12.

Section 30 of the principal Act is amended

by deleting "three" in both places where it occurs

and substituting in each case the following-

amended.

13.

" six " .

14.    Section 31 of the principal Act is amended by 2=2.1

deleting "three" and substituting the following-

" six " .

15.    Section 32 of the principal Act is amended tas enodnecr.

by deleting "three" and substituting the following-

" six " .

Section 46

Section 46 of the principal Act is amended in subsection (2) (a) by deleting "fifty dollars, apply for and obtain final judgment against the defendant for the amount not exceeding fifty dollars claimed for pecuniary damages" and substituting the following amended.

16.

five hundred dollars in the case of a claim in respect of damage to a motor vehicle or three hundred dollars in the case of other claims, apply for and obtain final judgment against the defendant for the amount not exceeding

No. 118.] Acts Amendment (Jurisdiction [1981.

of Courts).

five hundred dollars or three hundred dollars, as the case may be, claimed for pecuniary damages " .

Section 59

Section 59 of the principal Act is amended by deleting "three" and substituting the following-

amended. 17.

" six " .

Section 60 18.

Section 60 of the principal Act is amended

by deleting "three" in both places where it occurs

and substituting in each case the following

amended.

ft six 1) .

Section 87

Section 87 of the principal Act is amended

by deleting "three" in both places where it occurs

and substituting in each case the following

amended. 19.

CI six 71 .

Section 99 20.

Section 99 of the principal Act is amended by deleting "five" and substituting the following-

amended.

" ten " .

Section 100

Section 100 of the principal Act is amended

by deleting "five thousand" and substituting the

following-

amended. 21.

" ten thousand " .

Section 101 22.

Section 101 of the principal Act is amended by deleting "five" and substituting the following-

amended.

" ten " .

Section 103

amended. 23. Section 103 of the principal Act is amended

by deleting "five" in both places where it occurs and

substituting in each case the following-

" ten " .