Courts Legislation Amendment Act 2012 (WA)

Western Australia

Courts Legislation Amendment Act 2012

Western Australia

Courts Legislation Amendment Act 2012

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
Part 2 — Criminal Procedure

Act 2004 amended

3.	Act amended	3
4.	Section 124 amended	3
Part 3 — Magistrates Court (Civil

Proceedings) Act 2004 amended

5.	Act amended	5
6.	Section 40 amended	5
7.	Section 42 amended	5

Western Australia

Courts Legislation Amendment Act 2012

No. 43 of 2012

An Act to amend —

• the Criminal Procedure Act 2004; and

• the Magistrates Court (Civil Proceedings) Act 2004.

[Assented to 22 November 2012]

The Parliament of Western Australia enacts as follows:

Courts Legislation Amendment Act 2012

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1.             Short title

This is the Courts Legislation Amendment Act 2012.

2.             Commencement

This Act comes into operation as follows —

(a)	sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b)	the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

Courts Legislation Amendment Act 2012

Criminal Procedure Act 2004 amended Part 2

s. 3

Part 2 — Criminal Procedure Act 2004 amended

3.             Act amended

This Part amends the Criminal Procedure Act 2004.

4.             Section 124 amended

(1) Delete section 124(5)(a) and insert:

(a) delegate to a registrar of the court any jurisdiction the court has, including under any written law, other than the following jurisdiction —

(i)      to find a person guilty or not guilty of an offence;

(ii)      to discharge an accused from a charge;

(iii)      to consent to the discontinuance of a charge in a case where the accused does not consent to the discontinuance;

(iv)      to stay a prosecution;

(v)      to set aside a committal;

(vi)      to find a person guilty of a contempt of the court;

(2)	After section 124(5) insert:
(6) A person dissatisfied by a decision made by a registrar of the court under jurisdiction delegated under subsection (5)(a) may appeal to a judge of the court. (7) An appeal cannot be commenced more than 21 days after the date of the registrar’s decision, unless a judge of the court gives leave to do so.

Courts Legislation Amendment Act 2012

Part 2	Criminal Procedure Act 2004 amended
s. 4

(8)

The appeal must be conducted in accordance with the

rules of court.

(9)

The appeal is to be by way of a new hearing of the

issue that was before the registrar.

Courts Legislation Amendment Act 2012

Magistrates Court (Civil Proceedings) Act 2004 amended Part 3

s. 5

Part 3 — Magistrates Court (Civil Proceedings)

Act 2004 amended

5.             Act amended

This Part amends the Magistrates Court (Civil Proceedings)

Act 2004.

6.             Section 40 amended

Delete section 40(3) and insert:

(3) An appeal cannot be commenced more than 21 days after the date of judgment, unless the District Court gives leave to do so.

(4A)

The appeal must be conducted in accordance with rules

of court made by the District Court.

7.             Section 42 amended

Delete section 42(2) and insert:

(2)

An appeal cannot be commenced more than 21 days

after the date of judgment, unless the Court of Appeal

gives leave to do so.

(3A)

The appeal must be conducted in accordance with rules

of court made by the Supreme Court.