Courts Legislation Amendment Act 2003 (NSW)

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An Act to amend certain Acts with respect to courts and court procedures and proceedings; to amend the Oaths Act 1900 with respect to persons who may witness affidavits and statutory declarations; and for other purposes.

1Name of Act

This Act is the Courts Legislation Amendment Act 2003.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Amendment of Acts

The Acts specified in Schedules 1–8 are amended as set out in those Schedules.

Schedule 1Amendment of Crimes (Local Courts Appeal and Review) Act 2001 No 120

(Section 3)

[1]Section 3 Definitions

Insert after section 3 (3):

(4)

Notes included in the text of this Act do not form part of this Act.

[2]Section 68 Court may confirm or vary conviction or sentence with effect from earlier day

Insert after section 68 (1):

(1A)

An appeal court may, for the purposes of making an order under subsection (1) in relation to a sentence that consists of, or includes, a disqualification from holding a driver licence (within the meaning of the Road Transport (Driver Licensing) Act 1998), take into account:

  • (a)

    any period during which the defendant’s driver licence was suspended under section 34 of the Road Transport (General) Act 1999, and

  • (b)

    any other periods after committing the offence to which the sentence relates during which the defendant held, or did not hold, a driver licence that would have permitted the defendant to drive a motor vehicle.

Note—

Section 34 of the Road Transport (General) Act 1999 enables a police officer to suspend, by written notice, a person’s driver licence within 48 hours after the person is charged with certain offences involving alcohol or drug use under the Road Transport (Safety and Traffic Management) Act 1999. The suspension has effect until the charge is heard and determined by a court. Also, section 63 of this Act provides for the stay of the execution of a sentence pending determination of appeal under this Act.

[3]Schedule 1 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Courts Legislation Amendment Act 2003, but only in relation to the amendments made to this Act

[4]Schedule 1, Part 3

Insert after Part 2:

Part 3Provisions consequent on enactment of Courts Legislation Amendment Act 20038Application of amendment to section 68

The amendment made to section 68 by Schedule 1 [2] to the Courts Legislation Amendment Act 2003 extends to appeals that were commenced before the commencement of the amendment but not finally determined before that commencement.

Schedule 2Amendment of Criminal Procedure Act 1986 No 209

(Section 3)

[1]Section 284 Depositions by persons dangerously ill

Omit “a Judge” from section 284 (1).

Insert instead “an authorised person”.

[2]Section 284 (1)

Omit “the court”. Insert instead “a court”.

[3]Section 284 (1) and (2)

Omit “the Judge” wherever occurring.

Insert instead “the authorised person”.

[4]Section 284 (6)

Insert after…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.