Courts Legislation Amendment and Repeal Act 2004 (WA)

Western Australia

Courts Legislation Amendment and Repeal Act

2004

Western Australia

Courts Legislation Amendment and Repeal Act

2004

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
3.	Operation of Interpretation Act 1984	2
Part 2 — *Local Courts Act 1904*

repealed

Division 1 — Repeal

4.	Local Courts Act 1904 repealed	3
Division 2 — Transitional provisions
5.	Interpretation	3
6.	Clerks of Local Courts	3
7.	Cases pending	4
8.	Existing summonses and warrants	4
9.	References to Local Courts Act 1904 to be read as
references to Magistrates Court (Civil
Proceedings) Act 2004	4
10.	References to ‘Local Court’ to be read as
references to the ‘Magistrates Court’	5
11.	Local Court Rules 1961 repealed and transitional
provision	5

Courts Legislation Amendment and Repeal Act 2004

Contents

Part 3 — Small Claims Tribunals

Act 1974 repealed

12.	Act repealed	6
13.	Transitional provisions	6
Part 4 — *Stipendiary Magistrates*

Act 1957 repealed

14.	Act repealed	7
15.	Transitional provisions	7
Part 5 — Other repeals
16.	Debtors Act 1871 repealed	9
17.	Foreign Judgments Act 1963 repealed	9
18.	Magisterial Districts Act 1886 repealed	9
19.	Public Officers Act 1879 repealed	9
20.	Imperial Acts repealed	9
Part 6 — *Justices Act 1902* amended

and transitional provisions

Division 1 — Amendments

21.	Act amended by this Division	11
22.	Long title replaced	11

An Act relating to the functions of courts of

summary jurisdiction and to the

procedures to be followed in such courts.

23.	Short title amended	11
24.	Section 4 amended	11
25.	Part II repealed	13
26.	Part III repealed	13
27.	Section 42 amended	13
28.	Section 50 replaced	14

50.

Complaint where summons issued

29.

Section 51 replaced

51. Limitation period for commencing

prosecutions

30.

Sections 52 and 53 replaced

52.

When a summons may be issued

31.	Section 56 amended	15
32.	Section 58 amended	16
33.	Section 68 replaced	17

Courts Legislation Amendment and Repeal Act 2004

Contents

68.

Representation in court

34.	Section 75 amended	18
35.	Section 79 amended	19
36.	Section 86A replaced by sections 86A and 86B	19

86A.

Video or audio link may be used for

remands and adjournments when

defendant in custody

86B.

Video or audio link generally

37.	Section 96 amended	21
38.	Section 136A amended	21
39.	Sections 151, 152 and 153 replaced	23

151.

Costs

40.

Section 160 inserted

160. Correcting errors caused by use of false

name etc.

41.	Section 183 amended	25
42.	Section 184 amended	26
43.	Section 185 replaced	27

185.

Who may appeal

44.

Section 195A inserted

195A.

Single Judge to hear appeal unless case

warrants Full Court

45.	Section 199 amended	28
46.	Section 206 amended	29
47.	Section 206A amended	29
48.	Section 206E amended	30
49.	Part IX replaced	30
Part IX — Miscellaneous

222.	Effect of court documents	30
223.	Warrants of commitment, time for issuing	31

50.	Other amendments	31
51.	Various headings deleted or replaced	49
Division 1 — Appeals from courts of summary

jurisdiction

Division 2 — Appeals from single Judges’ decisions

on appeal

Division 3 — General

Division 2 — Transitional provisions

52.	Interpretation	51
53.	Justices of the Peace	51
54.	Clerks of petty sessions	52
55.	Pending proceedings	53

Courts Legislation Amendment and Repeal Act 2004

Contents

56.	Existing summonses and warrants	53
57.	References to Justices Act 1902 to be read as references to Criminal Procedure (Summary) Act 1902	54
58.	References to ‘court of petty sessions’ to be read as
references to the ‘Magistrates Court’	54
Part 7 — *Children’s Court of Western*

Australia Act 1988 amended

59.	Act amended by this Part	55
60.	Section 3 amended	55
61.	Section 4 replaced	55

Application of certain Acts

62.

Section 6A inserted

6A.

Protection of judicial officers

63.

Section 10 replaced

10.

Magistrates, appointment of

64.	Section 11 repealed	57
65.	Section 12 amended	57
66.	Section 13 replaced	58

13.

Where and when the Court operates

67.

Section 16 replaced

16.

Appointment of registrars, etc.

68.	Section 19 amended	59
69.	Section 19B amended	60
70.	Section 32 replaced	61

32.

Representation in court

71.

Section 51A inserted

51A.

Court’s records, access to

72.

Section 53 replaced

53.

Fees, regulations may prescribe

73.	Other amendments	64
Part 8 — *Coroners Act 1996* amended
74.	Act amended by this Part	69
75.	Section 12 replaced and transitional provision	69

12.

Coroner’s registrars

76.	Other amendments	69
Part 9 — *The Criminal Code* amended
77.	The Criminal Code amended by this Part	72
78.	Section 607B inserted	72

Courts Legislation Amendment and Repeal Act 2004

Contents

607B.

Summary convictions of indictable

charges

79.

Section 714A inserted

714A.

Orders as to seized property

80.	Other amendments	73
Part 10 — *District Court of Western*

Australia Act 1969 amended

81.	Act amended by this Part	78
82.	Jurisdiction of the Court increased	78
83.	Section 74 replaced	79

74. Court may transfer case to Magistrates

Court

84.

Section 89A replaced

89A.

Fees, regulations may prescribe

85.	Other amendments	81
Part 11 — *Evidence Act 1906*

amended

86.	Act amended by this Part	83
87.	Section 25A inserted	83

25A.

Cross-examination by accused in person

88.

Section 96 replaced

96. Supreme Court Judge’s powers may be

exercised by other judicial officers

89.	Other amendments	85
Part 12 — *Family Court Act 1997*

amended

90.	Act amended by this Part	88
91.	Section 5 amended	88
92.	Section 26 amended	88
93.	Section 43 amended	89
94.	Section 43A amended	89
95.	Other amendments	90
Part 13 — *Fines, Penalties and*

Infringement Notices

Enforcement Act 1994 amended

96.	Act amended in this Part	95
97.	Section 21 amended	95

Courts Legislation Amendment and Repeal Act 2004

Contents

98.	Section 63 amended	96
99.	Section 70 replaced by sections 70 and 70A to 70E	97

70. Determining an offender’s interest in

property

70A.

Personal property to be sold in preference

to real property

70B.

Only sufficient property to be sold

70C.

Seized property, Sheriff to determine fair

value of

70D.

Interests of others

100

70E.

Sale to be advertised

100

100.

Sections 71, 72 and 73 replaced by section 71

101

71.

Warrant of execution, effect of

101

101.

Section 74 replaced

102

74. Seizing personal property, powers

enabling

102

102.

Section 75 replaced

104

75.

Property that cannot be seized and sold

104

103.

Section 81 replaced

104

81.

Custody of seized property

104

104.

Section 88 replaced

105

88.

Warrant, effect of

105

105.

Section 91 replaced by sections 91, 91A and 91B

107

91.	Power of entry	107
91A.	Offender may be permitted to sell or
mortgage real property	108
91B.	Place and manner of sale	110

106.

Section 98 replaced

111

98. Sheriff exempt from some licensing

requirements

111

107.	Other amendments	111
Part 14 — *Industrial Relations*

Act 1979 amended

108.	Act amended in this Part	115
109.	Section 81D amended	115
110.	Section 81F inserted	116

81F.

Industrial magistrate’s court records,

access to records

116

111.

Sections 88 and 89 replaced

117

88.

Judgments, enforcement of

117

112.	Other amendments	118
Part 15 — *Mining Act 1978* amended
113.	Act amended in this Part	120

Courts Legislation Amendment and Repeal Act 2004

Contents

114.

Section 133 replaced

120

133.

Offences to be dealt with by magistrate

120

115.

Sections 140 and 141 replaced

120

140.

Judgments, enforcement of

120

116.	Other amendments	121
Part 16 — *Residential Tenancies*

Act 1987 amended

117.	Act amended in this Part	123
118.	Section 3 amended	123
119.	Sections 12, 12A and 13 replaced	123

12.	Interpretation	123
12A.	Jurisdiction over prescribed disputes	124
13.	Jurisdiction over other disputes	124
13A.	Magistrates Court’s jurisdiction	125

120.	Various references changed	126
121.	Other amendments	127
Part 17 — *Restraining Orders*

Act 1997 amended

122.	Act amended by this Part	132
123.	References to “clerk” changed	132
124.	Other amendments	133
Part 18 — *Supreme Court Act 1935*

amended

125.	Act amended by this Part	138
126.	Section 17 inserted	138

17.

Court may transfer case to lower court

138

127.

Section 171 replaced

139

171.

Fees, regulations may prescribe

139

128.	Other amendments	140
Part 19 — *Workers’ Compensation*

and Rehabilitation Act 1981

amended

129.	Act amended by this Part	143
130.	Section 120 inserted	143

120. Compensation magistrate’s court records,

access to

143

131.

Part IIIA Division 6 replaced

144

Courts Legislation Amendment and Repeal Act 2004

Contents

Division 6 — Enforcement of compensation

magistrate’s court judgments

84ZZ.

Judgments, enforcement of

144

132.	Section 176 amended	145
133.	Other amendments	146
Part 20 — Amendments to Acts about

land

Division 1 — Registration of Deeds Act 1856

amended

134.	Act amended by this Division	148
135.	Section 1 replaced	148

Application of Act

148

136.	Other amendments	148
Division 2 — *Transfer of Land Act 1893*

amended

137.	Act amended by this Division	149
138.	Section 133 replaced	149

133. Property (seizure and sale) order,

registration of etc.

149

139.	Section 138 amended	154
140.	Other amendments	155
Part 21 — Amendments to other Acts
141.	Various Acts amended	158
142.	Other amendments to various Acts	158
Part 22 — Transitional provisions
Division 1 — Provisions about enforcing

judgments

143.	Interpretation	159
144.	Judgments not satisfied before commencement	159
145.	Pending proceedings to enforce a judgment	159
146.	Pending process to enforce a judgment	160
147.	Existing bailiffs and their assistants, termination of
appointment etc.	162
Division 2 — General
148.	Transitional regulations	163

Courts Legislation Amendment and Repeal Act 2004

Contents

Schedule 1 — Amendments to

various Acts

1.	Aboriginal Communities Act 1979	165
2.	Administration Act 1903	165
3.	Agricultural Practices (Disputes) Act 1995	165
4.	Agriculture and Related Resources Protection
Act 1976	165
5.	Agriculture Protection Board Act 1950	166
6.	Animal Welfare 2002	166
7.	Art Gallery Act 1959	166
8.	Artificial Breeding of Stock Act 1965	166
9.	Auction Sales Act 1973	166
10.	Bail Act 1982	168
11.	Betting Control Act 1954	172
12.	Bills of Sale Act 1899	173
13.	Bread Act 1982	174
14.	Builders’ Registration Act 1939	174
15.	Bush Fires Act 1954	174
16.	Business Names Act 1962	175
17.	Cattle Industry Compensation Act 1965	175
18.	Censorship Act 1996	175
19.	Census Act 1891	176
20.	Charitable Collections Act 1946	176
21.	Chicken Meat Industry Act 1977	176
22.	Child Welfare Act 1947	177
23.	Coal Industry Tribunal of Western Australia
Act 1992	178
24.	Coal Miners’ Welfare Act 1947	178
25.	Companies (Co-operative) Act 1943	178
26.	Competition Policy Reform (Western Australia)
Act 1996	178
27.	Conservation and Land Management Act 1984	179
28.	Conspiracy and Protection of Property Act 1900	179
29.	Constitution Acts Amendment Act 1899	179
30.	Contaminated Sites Act 2003	180
31.	Control of Vehicles (Off-road areas) Act 1978	180
32.	Co-operative and Provident Societies Act 1903	181
33.	Corruption and Crime Commission Act 2003	182
34.	Country Areas Water Supply Act 1947	183
35.	Country Towns Sewerage Act 1948	184

Courts Legislation Amendment and Repeal Act 2004

Contents

36.	Court Security and Custodial Services Act 1999	184
37.	Credit Act 1984	185
38.	Credit (Administration) Act 1984	185
39.	Cremation Act 1929	185
40.	Criminal Investigation (Extra-territorial) Offences
Act 1987	185
41.	Criminal Law (Mentally Impaired Defendants)
Act 1996	185
42.	Criminal Property Confiscation Act 2000	187
43.	Dampier to Bunbury Pipeline Act 1997	188
44.	Debt Collectors Licensing Act 1964	188
45.	Dental Prosthetists Act 1985	188
46.	Director of Public Prosecutions Act 1991	188
47.	Disability Services Act 1993	188
48.	Disposal of Uncollected Goods Act 1970	189
49.	Distress for Rent Abolition Act 1936	189
50.	Dividing Fences Act 1961	189
51.	Dog Act 1976	191
52.	Electoral Act 1907	191
53.	Electricity Act 1945	192
54.	Employment Agents Act 1976	193
55.	Energy Coordination Act 1994	193
56.	Energy Operators (Powers) Act 1979	193
57.	Environmental Protection Act 1986	193
58.	Equal Opportunity Act 1984	194
59.	Fair Trading Act 1987	194
60.	Fertilizers Act 1977	195
61.	Finance Brokers Control Act 1975	195
62.	Financial Transaction Reports Act 1995	195
63.	Fire Brigades Act 1942	195
64.	Firearms Act 1973	196
65.	Fish Resources Management Act 1994	196
66.	Fuel, Energy and Power Resources Act 1972	196
67.	Gaming and Wagering Commission Act 1987	197
68.	Gas Standards Act 1972	197
69.	Gold Corporation Act 1947	197
70.	Government Railways Act 1904	197
71.	Guardianship and Administration Act 1990	198
72.	Hairdressers Registration Act 1946	198
73.	Health Act 1911	198
74.	Heritage of Western Australia Act 1990	205

Courts Legislation Amendment and Repeal Act 2004

Contents

75.	Hire Purchase Act 1959	205
76.	Home Building Contracts Act 1991	205
77.	Income Tax Assessment Act 1937	206
78.	Interpretation Act 1984	207
79.	Juries Act 1957	208
80.	Justices of the Peace Act 2004	208
81.	Kalgoorlie and Boulder Racing Clubs Act 1904	208
82.	Land Administration Act 1997	209
83.	Land Boundaries Act 1841	210
84.	Land Drainage Act 1925	210
85.	Land Valuers Licensing Act 1978	211
86.	Legal Practice Act 2003	211
87.	Legal Representation of Infants Act 1977	211
88.	Library Board of Western Australia Act 1951	211
89.	Lights (Navigation Protection) Act 1938	212
90.	Limitation Act 1935	212
91.	Liquor Licensing Act 1988	212
92.	Litter Act 1979	213
93.	Local Government Act 1995	213
94.	Local Government (Miscellaneous Provisions)
Act 1960	213
95.	Long Service Leave Act 1958	216
96.	Marketing of Potatoes Act 1946	216
97.	Medical Act 1894	216
98.	Metropolitan Region Town Planning Scheme
Act 1959	216
99.	Metropolitan Water Supply, Sewerage and
Drainage Act 1909	217
100.	Mines Safety and Inspection Act 1994	218
101.	Minimum Conditions of Employment Act 1993	218
102.	Misuse of Drugs Act 1981	218
103.	Motor Vehicle Dealers Act 1973	218
104.	Motor Vehicle Repairers Act 2003	219
105.	Motor Vehicle (Third Party Insurance) Act 1943	219
106.	Museum Act 1969	220
107.	Native Title (State Provisions) Act 1999	220
108.	Newspaper Libel and Registration Act 1884	220
109.	Occupational Safety and Health Act 1984	220
110.	Occupational Therapists Registration Act 1980	221
111.	Official Prosecutions (Defendants’ Costs) Act 1973	222
112.	Parks and Reserves Act 1895	222

Courts Legislation Amendment and Repeal Act 2004

Contents

113.	Parliamentary Commissioner Act 1971	223
114.	Parole Orders (Transfer) Act 1984	223
115.	Partnership Act 1895	223
116.	Pawnbrokers and Second-hand Dealers Act 1994	223
117.	Petroleum Act 1967	225
118.	Petroleum Products Pricing Act 1983	226
119.	Petroleum Safety Act 1999	226
120.	Pharmacy Act 1964	226
121.	Podiatrists Registration Act 1984	226
122.	Poisons Act 1964	226
123.	Police Act 1892	227
124.	Pollution of Waters by Oil and Noxious Substances
Act 1987	233
125.	Poultry Industry (Trust Fund) Act 1948	233
126.	Prisoners (Interstate Transfer) Act 1983	233
127.	Prisons Act 1981	234
128.	Professional Standards Act 1997	236
129.	Prostitution Act 2000	236
130.	Protective Custody Act 2000	237
131.	Psychologists Registration Act 1976	237
132.	Public Notaries Act 1979	238
133.	Public Trustee Act 1941	238
134.	Public Works Act 1902	238
135.	Radiation Safety Act 1975	238
136.	Rail Safety Act 1998	238
137.	Real Estate and Business Agents Act 1978	239
138.	Restraint of Debtors Act 1984	239
139.	Road Traffic Act 1974	239

s. 76(10)(b)

241

140.	Sale of Goods Act 1895	241
141.	Sale of Land Act 1970	241
142.	Security and Related Activities (Control) Act 1996	242
143.	Sentencing Act 1995	242
144.	Settlement Agents Act 1981	243
145.	Soil and Land Conservation Act 1945	244
146.	Spear-guns Control Act 1955	244
147.	Spent Convictions Act 1988	244
148.	State Administrative Tribunal Act 2004	244
149.	Stock (Identification and Movement) Act 1970	244
150.	Strata Titles Act 1985	245
151.	Street Alignment Act 1844	245

Courts Legislation Amendment and Repeal Act 2004

Contents

152.	Street Collections (Regulation) Act 1940	245
153.	Suitors’ Fund Act 1964	246
154.	Surveillance Devices Act 1998	246
155.	Travel Agents Act 1985	247
156.	University of Western Australia Act 1911	247
157.	Veterinary Preparations and Animal Feeding
Stuffs Act 1976	247
158.	Vexatious Proceedings Restriction Act 2000	247
159.	Warehousemen’s Liens Act 1952	248
160.	Water Boards Act 1904	248
161.	Waterways Conservation Act 1976	250
162.	Weapons Act 1999	250
163.	Weights and Measures Act 1915	251
164.	Welfare and Assistance Act 1961	251
165.	Western Australian Marine Act 1982	253
166.	Western Australian Trotting Association Act 1946	254
167.	Wheat Products (Prices Fixation) Act 1938	254
168.	White Phosphorus Matches Prohibition Act 1912	254
169.	Wildlife Conservation Act 1950	254
170.	Workmen’s Wages Act 1898	255
171.	Young Offenders Act 1994	255
Schedule 2 — Other amendments to

Acts

1.	Aboriginal Heritage Act 1972	257
2.	Aerial Spraying Control Act 1966	257
3.	Agricultural Produce Commission Act 1988	258
4.	Agriculture and Related Resources Protection
Act 1976	258
5.	Animal Welfare Act 2002	258
6.	Architects Act 1921	258
7.	Boxing Control Act 1987	259
8.	Cemeteries Act 1986	259
9.	Chiropractors Act 1964	260
10.	Commercial Tribunal Act 1984	260
11.	Community Services Act 1972	260
12.	Control of Vehicles (Off-road areas) Act 1978	260
13.	Debt Collectors Licensing Act 1964	260
14.	Dental Prosthetists Act 1985	261
15.	Dog Act 1976	261

Courts Legislation Amendment and Repeal Act 2004

Contents

16.	Electricity Act 1945	262
17.	Employment Agents Act 1976	263
18.	Fire Brigades Act 1942	264
19.	Firearms Act 1973	264
20.	First Home Owner Grant Act 2000	265
21.	Gas Standards Act 1972	265
22.	Hairdressers Registration Act 1946	266
23.	Health Act 1911	266
24.	Hire Purchase Act 1959	268
25.	Hospitals and Health Services Act 1927	268
26.	Land Administration Act 1997	268
27.	Licensed Surveyors Act 1909	269
28.	Local Government Act 1995	269
29.	Marketing of Eggs Act 1945	270
30.	Marketing of Potatoes Act 1946	270
31.	Metropolitan Region Town Planning Scheme
Act 1959	270
32.	Metropolitan Water Supply, Sewerage and
Drainage Act 1909	270
33.	Motor Vehicle Drivers Instructors Act 1963	271
34.	Nurses Act 1992	271
35.	Occupational Therapists Registration Act 1980	272
36.	Painters’ Registration Act 1961	272
37.	Pawnbrokers and Second-hand Dealers Act 1994	273
38.	Plant Pests and Diseases (Eradication Funds)
Act 1974	274
39.	Podiatrists Registration Act 1984	274
40.	Poisons Act 1964	274
41.	Psychologists Registration Act 1976	275
42.	Public Meetings and Processions Act 1984	275
43.	Racing Penalties (Appeals) Act 1990	277
44.	Radiation Safety Act 1975	277
45.	Retirement Villages Act 1992	277
46.	Road Traffic Act 1974	278
47.	Security and Related Activities (Control) Act 1996	278
48.	Strata Titles Act 1985	279
49.	Taxi Act 1994	279
50.	Transport Co-ordination Act 1966	279
51.	Veterinary Preparations and Animal Feeding
Stuffs Act 1976	280

Courts Legislation Amendment and Repeal Act 2004

Contents

Western Australia

Courts Legislation Amendment and Repeal

Act 2004

No. 59 of 2004

An Act —

•	to repeal various Acts;
•	to amend various Acts; and
•	to enact transitional provisions,

as a consequence of and in connection with the enactment of —

•	the *Justices of the Peace Act 2004*;
•	the *Magistrates Court Act 2004*;
•	the **Magistrates Court (Civil Proceedings) Act 2004; and**
•	the *Civil Judgments Enforcement Act 2004*,

and to amend various Acts in relation to procedural and other

matters.

[Assented to 23 November 2004]

The Parliament of Western Australia enacts as follows:

Courts Legislation Amendment and Repeal Act 2004

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This Act may be cited as the Courts Legislation Amendment and

Repeal Act 2004.

2. Commencement

(1)

This Act comes into operation on a day fixed by proclamation.

(2)

Different days may be fixed under subsection (1) for different

provisions.

(3)

For the purposes of subsection (2), each amendment in a Table to a provision of this Act or in Schedule 1 or 2 is to be taken to be a separate provision of this Act.

3. Operation of Interpretation Act 1984

If an enactment is repealed by this Act and is re-enacted (with

or without modification) by the —

(a)	Civil Judgments Enforcement Act 2004;
(b)	Justices of the Peace Act 2004;
(c)	Magistrates Court Act 2004; or
(d)	Magistrates Court (Civil Proceedings) Act 2004,

then for the purposes of the Interpretation Act 1984 section 36,

the enactment is to be taken to have been repealed and

re-enacted by the Act referred to in paragraph (a), (b), (c) or (d).

Courts Legislation Amendment and Repeal Act 2004

Local Courts Act 1904 repealed

Part 2

Repeal

Division 1

s. 4

Part 2 — Local Courts Act 1904 repealed

Division 1 — Repeal

4. Local Courts Act 1904 repealed

The Local Courts Act 1904 is repealed.

Division 2 — Transitional provisions

5. Interpretation

In this Division —

“commencement” means the commencement of this Division.

6. Clerks of Local Courts

(1)	If immediately before commencement a person holds office under the Local Courts Act 1904 section 13 as a clerk, then on commencement the person is to be taken to have been appointed —

(a)	in the case of a person who immediately before commencement is an employee of the department principally assisting the Minister with the administration of the Local Courts Act 1904 — under the Magistrates Court Act 2004 section 26(2) as a Registrar of the Magistrates Court;
(b)	in any other case — under the Magistrates Court Act 2004 section 26(2) and (6) as a Registrar of the Magistrates Court.

(2)	If immediately before commencement a person holds office under the Local Courts Act 1904 section 13 as an assistant clerk, then on commencement the person is to be taken to have been appointed under the Magistrates Court Act 2004 section 26(2) as a Deputy Registrar of the Magistrates Court.

Courts Legislation Amendment and Repeal Act 2004

Part 2	Local Courts Act 1904 repealed
Division 2	Transitional provisions
s. 7

7. Cases pending

If immediately before commencement an action or matter (as

defined in the Local Courts Act 1904) is pending before a Local

Court, then on commencement the action or matter —

(a)	is to be taken to be a case pending before the Magistrates Court; and
(b)	shall be heard and determined under the Magistrates Court (Civil Proceedings) Act 2004 as if it is within the civil jurisdiction of the Magistrates Court.

8. Existing summonses and warrants

(1)

If immediately before commencement a summons, warrant or

other process issued under the Local Courts Act 1904, other

than an enforcement process within the meaning of section 143,

is in force, then on commencement the summons, warrant or

process is to be taken to be a summons, warrant or process

issued under the Magistrates Court (Civil Proceedings)

Act 2004.

(2)

If immediately before commencement a summons or warrant is in force and requires a person to attend or to be brought before a Local Court, then on commencement the summons or warrant is to be taken to require the person to attend or to be brought

before the Magistrates Court at the place specified in the

summons or warrant.

9. References to Local Courts Act 1904 to be read as references to Magistrates Court (Civil Proceedings) Act 2004

A reference in a written law or book, document or writing to the Local Courts Act 1904 is, unless the contrary intention appears, to be construed as if it had been amended to be a reference to

the Magistrates Court (Civil Proceedings) Act 2004.

Courts Legislation Amendment and Repeal Act 2004

Local Courts Act 1904 repealed

Part 2

Transitional provisions

Division 2

s. 10

10. References to ‘Local Court’ to be read as references to the ‘Magistrates Court’

A reference in a written law or book, document or writing to a

Local Court is, unless the contrary intention appears, to be

construed as if it had been amended to be a reference to the

Magistrates Court.

11. Local Court Rules 1961 repealed and transitional provision

(1)

The Local Court Rules 1961 are repealed.

(2)

Until subsection (1) comes into operation, the Local Court

Rules 1961, as in force immediately before the commencement

of this subsection, continue in operation with any necessary

changes as if they were rules of court made under the

Magistrates Court Act 2004 and the Magistrates Court (Civil

Proceedings) Act 2004 and accordingly may be amended by

rules of court made under those Acts.

(3)

If subsection (1) comes into operation before subsection (2),

subsection (2) is repealed.

Courts Legislation Amendment and Repeal Act 2004

Part 3

Small Claims Tribunals Act 1974 repealed

Part 3 — Small Claims Tribunals Act 1974 repealed

12. Act repealed

The Small Claims Tribunals Act 1974 is repealed.

13. Transitional provisions

(1)	In this section —
“commencement” means the commencement of this Part.
(2)	If immediately before commencement a small claim is pending before a Small Claims Tribunal, then on commencement the small claim is to be taken to be an action within the civil jurisdiction of the Magistrates Court and may be heard and determined accordingly subject to the Magistrates Court (Civil Proceedings) Act 2004.
(3)	If immediately before commencement an order made by a Small Claims Tribunal is in force under the Small Claims Tribunals Act 1974, then on commencement the order is taken to be an order made by the Magistrates Court and has effect accordingly.
(4)	The repeal of the Small Claims Tribunals Act 1974 does not prevent an application or order being made under the Suitors’ Fund Act 1964 in relation to a claim that was before a Small Claims Tribunal before commencement.
(5)	On commencement and for the purposes of subsection (4) the Magistrates Court has jurisdiction to make any order under the Suitors’ Fund Act 1964 that a Small Claims Tribunal would have had jurisdiction to make under that Act immediately before commencement.
(6)	A reference in a written law or book, document or writing to a Small Claims Tribunal is, unless the contrary intention appears, to be construed as if it had been amended to be a reference to the Magistrates Court.

Courts Legislation Amendment and Repeal Act 2004

Stipendiary Magistrates Act 1957 repealed	Part 4
s. 14

Part 4 — Stipendiary Magistrates Act 1957 repealed

14. Act repealed

The Stipendiary Magistrates Act 1957 is repealed.

15. Transitional provisions

(1)	In this section —
“commencement” means the commencement of this Part;
“repealed Act” means the Stipendiary Magistrates Act 1957.
(2)	If immediately before commencement a person, by virtue of an appointment under a provision of the repealed Act referred to in column 1 of the Table to this subsection, holds an office
be taken to have been appointed under the provision of the
described in column 2, then on commencement the person is to described in column 4.

Table

Repealed	Old office	*Magistrates*	New office
Act	*Court Act 2004*
s. 4(1)	Stipendiary	Schedule 1	Magistrate
magistrate	clause 3
s. 4(4)	Chief	Schedule 1	Chief Magistrate
Stipendiary	clause 6(1)
Magistrate
s. 4(4)	Deputy Chief	Schedule 1	Deputy Chief
Stipendiary	clause 6(2)	Magistrate
Magistrate
s. 5C(2)	Stipendiary	Schedule 1	Acting magistrate on
magistrate on	clause 9	the same terms and
terms and	conditions
conditions

(3)	If immediately before commencement a person is the subject of a direction made under section 5B(3) of the repealed Act, then on commencement the person is to be taken to have been

Courts Legislation Amendment and Repeal Act 2004

Part 4	Stipendiary Magistrates Act 1957 repealed
s. 15

appointed under the Magistrates Court Act 2004 Schedule 1

clause 9 as an acting magistrate for a period ending at the time

when the person would leave office under the direction.

(4)	A person who under this section is taken to have been appointed under the Magistrates Court Act 2004 to an office is not required to take the oaths or affirmations of office under that Act in respect of that office.
(5)	For the purposes of the Magistrates Court Act 2004 Schedule 1 clause 7 the seniority of people who under subsection (2) are to be taken to have been appointed as magistrates of the
Magistrates Court is to be determined according to the dates of their appointment as stipendiary magistrates.
(6)	The remuneration, existing or accrued rights, rights under a superannuation scheme, or continuity of service, of a stipendiary magistrate to whom subsections (2) and (3) apply is not affected by those subsections.
(7)	A reference in a written law or book, document or writing to a stipendiary magistrate is, unless the contrary intention appears, to be construed as if it had been amended to be a reference to a magistrate.
(8)	A reference in a written law or book, document or writing to the Chief Stipendiary Magistrate is, unless the contrary intention appears, to be construed as if it had been amended to be a reference to the Chief Magistrate.

Courts Legislation Amendment and Repeal Act 2004

Other repeals	Part 5
s. 16

Part 5 — Other repeals

16. Debtors Act 1871 repealed

The Debtors Act 1871 is repealed.

17. Foreign Judgments Act 1963 repealed

The Foreign Judgments Act 1963 is repealed.

18. Magisterial Districts Act 1886 repealed

The Magisterial Districts Act 1886 is repealed.

19. Public Officers Act 1879 repealed

The Public Officers Act 1879 is repealed.

20. Imperial Acts repealed

(1)	The following Imperial Acts or provisions of them are repealed in so far as they are part of the law of Western Australia —

(a)

11 Henry VI c. 6 (1433);

(b)

section 1 of 8 Anne c. 18 (1709) [Landlord and Tenant Act 1709];

(c)

[An Act to facilitate the Recovery of Possession of

Tenements after due Determination of the Tenancy.]

1 & 2 Victoria c. 74 (1838) [Adopted by Imperial Acts Adopting Act 1844];

(d)	[An Act for abolishing Arrest on Mesne Process in Civil Actions, except in certain Cases; for extending the Remedies of Creditors against the Property of Debtors; and for amending the Laws for the Relief of Insolvent Debtors in England.]

1 & 2 Victoria c. 110 (1838) [Adopted by Imperial Acts Adopting Ordinance 1867];

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Part 5	Other repeals
s. 20

(e)

[An Act for the better Protection of Purchasers against

Judgments, Crown Debts, Lis Pendens, and Fiats in

Bankruptcy.]

sections 1, 2, 3, 4, 5 and 6 of 2 & 3 Victoria c. 11 (1839) [Adopted by Imperial Acts Adopting Ordinance 1867];

(f)

[An Act for further amending the Act for abolishing

Arrest on Mesne Process in Civil Actions.]

3 & 4 Victoria c. 82 (1840) [Adopted by Imperial Acts Adopting Ordinance 1867];

(g)

(1855)

[An Act for the better Protection of Purchasers against

Judgments, Crown Debts, Cases of Lis Pendens, and

Life Annuities or Rentcharges.]

sections 1, 2, 3, 4, 5, 6, 7 and 8 of 18 & 19 Victoria c. 15 [Adopted by Imperial Acts Adopting Ordinance 1867].

(2)	In respect of each Imperial enactment referred to in subsection (1), Part V of the Interpretation Act 1984 applies as if a reference in that Part to the repeal of a written law or to the repeal of an enactment were a reference to the repeal of the Imperial enactment.

Courts Legislation Amendment and Repeal Act 2004

Justices Act 1902 amended and transitional provisions

Part 6

Amendments

Division 1

s. 21

Part 6 — Justices Act 1902 amended and transitional

provisions

Division 1 — Amendments

21. Act amended by this Division

The amendments in this Division are to the Justices Act 1902*.

[* Reprint 14 as at 16 May 2003.]

22. Long title replaced

The long title is repealed and the following long title is inserted

instead —

“

An Act relating to the functions of courts of

summary jurisdiction and to the procedures to be

followed in such courts.

”.

23. Short title amended

Section 1 is amended by deleting “Justices” and inserting

instead —

“ Criminal Procedure (Summary) ”.

24. Section 4 amended

Section 4 is amended as follows:

(a)	by inserting in the appropriate alphabetical positions the following definitions —

“

“agent”, in respect of a person who is a party to

proceedings before a court of summary

jurisdiction, means the solicitor or counsel for the

person, or any other person who lawfully appears

for the person;

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Division 1	Amendments
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“court of summary jurisdiction” means —

(a)	the Children’s Court;
(b)	the Magistrates Court; or
(c)	any other court to which this Act applies;

“DPP” means the Director of Public Prosecutions

appointed under the Director of Public

Prosecutions Act 1991;

“judicial officer”, in relation to a court of summary

jurisdiction, means the person who constitutes the court and, where the court is constituted by more than one person, means each of those persons;

“prescribed investigator” means —

(a)	a police officer; or
(b)	an officer of a prescribed public authority who is authorised by the public authority, or under a written law, to commence prosecutions;

“prescribed public authority” means a public

authority that is prescribed by the regulations;

“public authority” means —

(a)	a Minister of the Crown;
(b)	a department of the Public Service;
(c)	a local government or a regional local government; or
(d)	a body, whether incorporated or not, that is established for a public purpose under a written law and that, under the authority of a written law, performs a statutory function on behalf of the State;

“registrar” means a registrar of a court of summary

jurisdiction;

”;

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(b)	by deleting the definition of “justices” and inserting instead —

“

“justice” means a Justice of the Peace appointed under the Justices of the Peace Act 2004;

”;

(c)	by deleting the definition of “magistrate” and inserting instead —

“

“magistrate” means a magistrate appointed under —

(a)	the Children’s Court of Western Australia Act 1988;
(b)	the Magistrates Court Act 2004; or
(c)	any other written law for the purpose of constituting a court to which this Act applies;

”;

(d)	by deleting the definition of “oath”.

25. Part II repealed

Part II is repealed.

26. Part III repealed

Part III is repealed.

27. Section 42 amended

Section 42 is amended as follows:

(a)	by inserting before “Unless” the subsection designation “(1)”;
(b)	by deleting “justices” and inserting instead —

“ a court of summary jurisdiction ”;

(c)	by inserting before “complaint” —

“ written ”;

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s. 28

(d)	by inserting the following subsections —

“

(2)

A complaint being made on oath shall be signed and

sworn before a magistrate, justice or registrar.

(3)

A complaint not being made on oath shall be signed

before a magistrate, justice or registrar, unless the

person making it is a prescribed investigator.

”.

28. Section 50 replaced

Section 50 is repealed and the following section is inserted

instead —

“

50. Complaint where summons issued

When it is intended to issue a summons instead of a

warrant in the first instance, the complaint need not be

on oath.

”.

29. Section 51 replaced

Section 51 is repealed and the following section is inserted

instead —

“

51. Limitation period for commencing prosecutions

(1)

Proceedings before a court of summary jurisdiction for

a simple offence must be commenced within

12 months from the time when the matter for complaint

arose, unless another written law provides otherwise.

(2)

Proceedings before a court of summary jurisdiction are

commenced —

(a)	on the day on which a complaint is signed under section 42 by the person making it before a magistrate, justice or registrar; or

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Part 6

Amendments

Division 1

s. 30

(b)	if a complaint is made by a prescribed investigator and is not signed before a magistrate, justice or registrar — on the day on

which it is lodged with the court.

”.

30. Sections 52 and 53 replaced

Sections 52 and 53 are repealed and the following section is

inserted instead —

“

52. When a summons may be issued

(1)

If a complaint is made before a magistrate, justice or

registrar that any person is guilty of, or is suspected of

having committed or is liable to be dealt with in respect

of an offence, then that officer may issue his summons.

(2)

If a complaint is made by a prescribed investigator and

is not signed before a magistrate, justice or registrar,

the investigator may issue a summons which shall have

the same force and effect as if issued by a magistrate,

justice or registrar.

”.

31. Section 56 amended

(1)	Section 56 is amended as follows:

(a)	by inserting before “Subject to” the subsection designation “(1)”;
(b)	in the proviso by deleting “clerk of petty sessions” and inserting instead —

“ registrar ”;

(c)	by deleting the third paragraph.

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(2)	Section 56 is amended by inserting the following subsections —

“

(2)	Service by post shall be effected by a registrar properly addressing and posting (by prepaid post) the summons as a letter to the person to be served at his last known
place of residence or business.
(3)	A summons that is served by post is to be taken to have been served at the time when the letter would have been delivered in the ordinary course of post.
(4)	A certificate by the registrar that the summons was posted in accordance with subsection (2) is proof of service, in the absence of evidence to the contrary.

”.

32. Section 58 amended

Section 58 is amended as follows:

(a)	by deleting the paragraph beginning with “When complaint” and ending with “law.”and inserting the following subsection instead —

“

(1)

When a complaint is made before a magistrate or

justice that any person is guilty of, or is suspected of

having committed or is liable to be dealt with in respect

of an indictable offence, that officer may issue his

warrant to apprehend the defendant and to cause him to

be brought before a court of summary jurisdiction to be

further dealt with according to law.

”;

(b)	by inserting before “Provided that” the subsection designation “(2)”;
(c)	by inserting after “Provided that the” —

“ magistrate or ”;

(d)	by inserting before “Notwithstanding” the subsection designation “(3)”;

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s. 33

(e)	by inserting after “summons, any” —

“ magistrate or ”.

33. Section 68 replaced

Section 68 is repealed and the following section is inserted

instead —

“

68. Representation in court

(1)	In this section —
“complainant” includes applicant;
“lawyer” means a person who is admitted and entitled to practise as a barrister and solicitor of the Supreme Court.
(2)	A party to a proceeding before a court of summary jurisdiction is personally entitled to appear before the court in order to present and conduct the party’s case and to call, examine, cross-examine and re-examine witnesses.
(3)	Unless another written law expressly provides otherwise, the entitlement under subsection (2) may be performed —

(a)	on a complainant’s behalf by a person permitted under subsection (4); or
(b)	on any party’s behalf —

(i) by a lawyer; or

(ii) with the court’s leave by a person who is not a lawyer.

(4)	Despite the Legal Practice Act 2003, in a proceeding before a court of summary jurisdiction —

(a)	the State, or a complainant who is a police officer acting in the course of duty, may be

Courts Legislation Amendment and Repeal Act 2004

Part 6	Justices Act 1902 amended and transitional provisions
Division 1	Amendments
s. 34

represented by a police officer acting in the

course of duty;

(b)	a complainant who is acting for or on behalf of a public authority may be represented by an officer or employee of the public authority acting in the course of duty.

(5)

The court may only give leave under

subsection (3)(b)(ii) in exceptional circumstances.

(6)

A person who is not a lawyer and who, having been

given leave under subsection (3)(b)(ii), performs any

act referred to in subsection (2) on behalf of a party is

not entitled to claim, receive or recover, directly or

indirectly, money or other remuneration for doing so.

”.

34. Section 75 amended

Section 75(1) and (2) are repealed and the following subsections

are inserted instead —

“

(1)

If a person summoned as a witness does not appear at

the time and place appointed by the summons then,

after proof that the summons was duly served on the

person and, except in the case of indictable offences,

that a reasonable sum was paid or tendered to the

person for the person’s costs and expenses of

attendance, the court of summary jurisdiction may

issue a warrant to have the person arrested and brought

before the court.

(2)

A person arrested under such a warrant is to be brought

before the court as soon as practicable.

”.

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Justices Act 1902 amended and transitional provisions

Part 6

Amendments

Division 1

s. 35

35. Section 79 amended

Section 79(2) and (3) are repealed and the following subsection

is inserted instead —

“

(2)	If under subsection (1) a court remands a defendant, it must not do so for a period that exceeds 8 clear days, unless the defendant consents.

”.

36. Section 86A replaced by sections 86A and 86B

Section 86A is repealed and the following sections are inserted

instead —

“

86A.

Video or audio link may be used for remands and

adjournments when defendant in custody

(1)	This section applies if —

(a)	a defendant is charged with an offence before a court of summary jurisdiction;
(b)	the defendant is in custody, whether in relation to the charge or not;
(c)	the defendant is required to appear before the court in relation to the charge for purposes other than the hearing or determination of the charge; and
(d)

there is a video link or audio link (within the Act 1906) between the place where the defendant is in custody and the court.

(2)	If the defendant’s appearance will be his first in relation to the charge, the person in whose custody the defendant is shall bring the defendant before the court in person, unless the court has ordered that the defendant be brought before the video link or audio link.

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Division 1	Amendments
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(3)	If the defendant’s appearance will be his second or subsequent in relation to the charge, the person in whose custody the defendant is shall, notwithstanding any warrant that commands that the defendant be brought before the court, bring the defendant before the video link or audio link, unless the court has ordered that the defendant be brought before the court in person.
(4)	A court may make an order under subsection (2) or (3) on its own initiative or on the application of a party to the proceeding, at any time, if satisfied it is necessary for the proper administration of justice to do so.
(5)	The defendant shall not be brought before an audio link unless a video link is not available and cannot reasonably be made available.
(6)	When a defendant is brought before a video link or audio link in accordance with this section, the court may, in relation to the charge, exercise the powers in
sections 79, 80 and 86 and comply with the Bail before it.

86B.

Video or audio link generally

(1)	This section applies if —

(a)	a defendant is charged with an offence before a court of summary jurisdiction; and
(b)	the defendant is required to appear before the court in relation to the charge for any purpose.

(2)	On an application by the defendant, the court may permit the defendant to appear before a video link (within the meaning of section 120 of the Evidence
Act 1906) with the court.

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Justices Act 1902 amended and transitional provisions

Part 6

Amendments

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(3)

When a defendant appears before a video link as

permitted by the court, the court may deal with the

charge as if the defendant were personally present

before it.

(4)

This section is in addition to and does not affect the

operation of sections 120 to 132 of the Evidence

Act 1906.

”.

37. Section 96 amended

(1)

Section 96(1) is amended by deleting “courts of petty sessions”

and inserting instead —

“ a court of summary jurisdiction ”.

(2)

After section 96(1) the following subsection is inserted —

“

(2)	Regulations may authorise the chief executive officer to approve forms for the purposes of this Act.

”.

38. Section 136A amended

(1)	Section 136A(1) is repealed and the following subsection is inserted instead —

“

(1)

Where a decision is given by a court of summary

jurisdiction in default of appearance by the

complainant or by the defendant, the party who did not

appear may, within 21 days after the party becomes

aware of the decision, or within such further period as

the court at the place where the decision was given

may allow, serve on the registrar of the court notice in

writing of his intention to apply to the court to set the

decision aside, and of the grounds of the application.

”.

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Part 6	Justices Act 1902 amended and transitional provisions
Division 1	Amendments
s. 38

(2)	Section 136A(2) is amended as follows:

(a)	by deleting “clerk of petty sessions” and inserting instead —

“ registrar ”;

(b)	by deleting “of petty sessions” in the second place where it occurs.

(3)	Section 136A(3) is amended as follows:

(a)	by deleting “The applicant” and inserting instead —

“ If the registrar so decides, the applicant ”;

(b)	by deleting “court of petty sessions” and inserting instead —

“ magistrate, justice or registrar ”.

(4)	Section 136A(3a) is amended as follows:

(a)	by deleting “court thinks fit and the court shall where it is constituted by a justice or justices, and may in any other case,” and inserting instead —

“ registrar thinks fit and the registrar may ”;

(b)	by deleting “clerk of petty sessions” and inserting instead —

“ registrar ”.

(5)	Section 136A(3b) is amended as follows:

(a)	by deleting “On a recognisance being given under subsection (3)” and inserting instead —

“ On an application being made under this section ”;

(b)	by deleting “of petty sessions”.

(6)	Section 136A(4) is amended as follows:

(a)	by deleting “clerk of petty sessions” and inserting instead —

“ registrar ”;

Courts Legislation Amendment and Repeal Act 2004

Justices Act 1902 amended and transitional provisions

Part 6

Amendments

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s. 39

(b)	by deleting “of petty sessions” in the second place where it occurs.

(7)

Section 136A(5a) is amended by deleting “justices set” and

inserting instead —

“ the court sets ”.

39. Sections 151, 152 and 153 replaced

Sections 151, 152 and 153 are repealed and the following

section is inserted instead —

“

151. Costs

(1)	In this section —
“dismiss”, in relation to a charge in a complaint,

means to dismiss the charge without considering

its merits;

“official prosecution” has the meaning given by the

Official Prosecutions (Defendants’ Costs)

Act 1973;

“OPDC determination” means a determination made under section 210 of the Legal Practice Act 2003 for the purposes of the Official Prosecutions

(Defendants’ Costs) Act 1973.

(2)

Subject to the Official Prosecutions (Defendants’

Costs) Act 1973 and this section, a successful party to a

matter is entitled to the party’s costs.

(3)

In any proceedings on a complaint, if a court of

summary jurisdiction convicts a defendant, the court

may order the defendant to pay all or a part of the

complainant’s costs.

(4)

In any proceeding that is not an official prosecution, if a court of summary jurisdiction acquits a defendant or dismisses a charge, the court may order the

Courts Legislation Amendment and Repeal Act 2004

Part 6	Justices Act 1902 amended and transitional provisions
Division 1	Amendments
s. 39
complainant to pay all or a part of the defendant’s costs.

(5)	Subsection (4) does not affect the operation of the Official Prosecutions (Defendants’ Costs) Act 1973.
(6)	In a matter that is not a prosecution, a court of summary jurisdiction may make any orders as to costs that it thinks fit.
(7)	If subsection (3), (4) or (6) applies the costs are to be assessed in accordance with the relevant OPDC determination and section 215 of the Legal Practice Act 2003.
(8)	If subsection (3), (4) or (6) applies, the court may reduce the costs that it would otherwise have awarded, or refuse to award costs, to the party concerned if —

(a)	any act or omission of or caused by the party (other than an act or omission that is the subject of a charge) was unreasonable in the circumstances and contributed to the institution or continuation of the case; or
(b)	any act or omission of or caused by the party during or in the conduct of the case was calculated to prolong the case unnecessarily or cause unnecessary expense.

(9)	The court may adjourn an application for costs, or the determination of the amount of costs to be paid, if there is good reason to do so.

(10)	A question adjourned under subsection (9) is to be dealt with by a magistrate and may be dealt with in chambers.

”.

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40. Section 160 inserted

After section 159 the following section is inserted —

“

160. Correcting errors caused by use of false name etc.

(1)

If as a result of a defendant using a false name, address

or date of birth, a record of a court of summary

jurisdiction does not record the defendant’s correct

name, address or date of birth, the court may correct

the records and make any ancillary orders it thinks fit

to give effect to the correction.

(2)

The powers in subsection (1) may be exercised by the

court on its own initiative or on an application by a

person who the court is satisfied has a proper interest in

the proceedings.

(3)

Without limiting the power to make ancillary orders,

the court may —

(a)	set aside a conviction or order made by the court;
(b)	order a rehearing and, if necessary, adjourn proceedings;
(c)	order that records other than the court’s records be corrected.

”.

41. Section 183 amended

Section 183 is amended as follows:

(a)	by deleting the definition of “clerk of petty sessions”;
(b)	by deleting the definition of “Court” and inserting instead —

“

“Court” means the Supreme Court;

”;

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Division 1	Amendments
s. 42

(c)	by inserting after the definition of “legal practitioner” —

“

“lower court registrar” means the registrar of the

court of summary jurisdiction that made the

decision that is the subject of an appeal under this

Part;

”.

42. Section 184 amended

(1)	Section 184(1) is repealed and the following subsection is inserted instead —

“

(1)	The only appeal that can be made against a decision of a court of summary jurisdiction is to the Supreme Court in accordance with this Part and rules of court made by the Supreme Court.

”.

(2)

Section 184(3) is amended by deleting “justices” and inserting

instead —

“ a court of summary jurisdiction ”.

(3)

After section 184(3) the following subsection is inserted —

“

(4)	Subsection (1) is subject to any other Act and in particular to Part 5 of the Children’s Court of Western Australia Act 1988.

”.

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s. 43

43. Section 185 replaced

Section 185 is repealed and the following section is inserted

instead —

“

185. Who may appeal

(1)	An appeal may be made by any or all of the following —

(a) a person who is aggrieved by a decision; (b) the Attorney General.

(2)

An appeal may be made by a person against 2 or more decisions made at the same hearing and in such a case the appeals are to be consolidated unless, or except to the extent that, the Court orders otherwise.

(3)

If more than one appeal against a decision is made, the

Court may determine 2 or more of them at the same

time.

”.

44. Section 195A inserted

After section 195 the following section is inserted —

“

195A.

Single Judge to hear appeal unless case warrants

Full Court

(1)

The Court constituted by one Judge shall hear and

determine an appeal unless an order has been made

under subsection (2).

(2)

On its own initiative, or on the application of a party made before or during the hearing of the appeal, the Court may order that the appeal be heard and

determined by the Full Court.

”.

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Part 6	Justices Act 1902 amended and transitional provisions
Division 1	Amendments
s. 45

45. Section 199 amended

Section 199 is amended as follows:

(a)	in paragraph (a) by deleting “justices” and inserting instead —

“ court of summary jurisdiction ”;

(b)	by inserting after paragraph (a) the following paragraph —

“

(ab)	dismiss the appeal if it considers the appeal is frivolous or vexatious;

”;

(c)	in paragraph (c) by deleting “justices” and inserting instead —

“ court of summary jurisdiction ”;

(d)	by repealing paragraph (d) and inserting the following paragraph instead —

“

(d)	remit the case for hearing by a court of summary jurisdiction, with or without directions —

(i) as to how or by whom that court is to be constituted;

(ii) as to the hearing of the case by that court;

”;

(e)	the costs of the appeal and the costs of the proceedings in the court of summary jurisdiction.

in paragraph (g) by deleting “costs.” and inserting “

”.

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s. 46

(2)	Section 199(3) is amended as follows:

(a)	by deleting “any justices” and inserting instead —

“ a court of summary jurisdiction ”;

(b)	by deleting “the justices” and inserting instead —

“ that court ”.

(3)

Section 199(4) is amended by deleting “justices” and inserting

instead —

“ a court of summary jurisdiction ”.

46. Section 206 amended

Section 206(3) is repealed and the following subsections are

inserted instead —

“

(3)

The appellant shall give notice of an application under subsection (1) to the other party or other parties to the proceedings before the court of summary jurisdiction.

(4)

Upon the making of an application under

subsection (1), sections 191, 193, 194 and 195, with all

necessary changes, apply as if an appeal had been

commenced.

”.

47. Section 206A amended

(1)	Section 206A(4) is amended as follows:

(a)	paragraph (f) is deleted and the following paragraph is inserted instead —

“

(f)	the commencement of an appeal under section 185;

”;

(b)	in paragraph (g) by deleting “application and”.

Courts Legislation Amendment and Repeal Act 2004

Part 6	Justices Act 1902 amended and transitional provisions
Division 1	Amendments
s. 48

(2)	Section 206A(5) is repealed and the following subsection is inserted instead —

“

(5)	Without limiting subsection (4), the powers in section 193(1) may be exercised at any time after an application for leave to appeal is made under this section.

”.

48. Section 206E amended

(1)

Section 206E(1) is amended by deleting “Subject to

subsection (3), if” and inserting instead —

“ If ”.

(2)

Section 206E(2) is repealed and the following subsection is

inserted instead —

“

(2)	The payment of the costs may be enforced under section 155 as if the order under this Part as to the payment of costs were a payment order and for that purpose the Supreme Court Registrar’s certificate may be registered as a judgment in a court of competent jurisdiction.

”.

49. Part IX replaced

Part IX is repealed and the following Part is inserted instead —

“

Part IX — Miscellaneous

222. Effect of court documents

(1)	A summons, warrant, order or other document issued by a court of summary jurisdiction (“court document”) has effect according to its wording.

Courts Legislation Amendment and Repeal Act 2004

Justices Act 1902 amended and transitional provisions

Part 6

Amendments

Division 1

s. 50

(2)	In the absence of evidence to the contrary, it is to be presumed that —

(a)	the person who issued a court document was empowered to do so; and
(b)	the signature on a court document is that of the person who issued it.

(3)	The validity of a court document is not affected by the death of a person who issued it.
(4)	A warrant itself is sufficient authority to the person to whom it is directed to act according to it.
(5)	A member of the Police Force of Western Australia must obey any warrant or other order or direction of a court of summary jurisdiction or a judicial officer of it.
(6)	A member of the Police Force of Western Australia who contravenes subsection (5) is to be dealt with under section 23 of the Police Act 1892.

223. Warrants of commitment, time for issuing

(1)

If a warrant of commitment is not issued within

12 months after the final hearing and determination of

a case, such a warrant shall not issue without the leave

of a magistrate.

(2)

Subsection (1) does not apply in respect of a warrant of

commitment that may be issued under the Fines,

Penalties and Infringement Notices Enforcement

Act 1994.

”.

50. Other amendments

The Act is amended as set out in the Table to this section.

Courts Legislation Amendment and Repeal Act 2004

Part 6	Justices Act 1902 amended and transitional provisions
Division 1	Amendments
s. 50

Table

s. 4	In the definition of “complaint”, delete “justices” and insert instead — “ a court of summary jurisdiction ”. In the definition of “decision”, delete “that justices” and insert instead — “ by a court of summary jurisdiction that it ”. In the definition of “defendant”, delete “justices” and insert instead — “ a court of summary jurisdiction ”. In the definition of “indictable offence”, insert after “Attorney General” — “ , the DPP ”. In the definition of “indictment”, insert after “Attorney General” — “ , the DPP ”. Delete the definition of “jurisdiction”. In the definition of “matter”, delete “justices” and insert instead — “ a court of summary jurisdiction ”. Delete the definition of “Minister”.
Delete the definition of “police officer”.
s. 5	After “Justices of the Peace” insert — “ or a court of summary jurisdiction ”.
s. 43	In the second proviso delete “the justices” and insert instead — “ a court of summary jurisdiction ”. Delete “they” and insert instead — “ it ”.
s. 46	Delete “the justices” and insert instead — “ a court of summary jurisdiction ”.

Courts Legislation Amendment and Repeal Act 2004

Justices Act 1902 amended and transitional provisions

Part 6

Amendments

Division 1

s. 50

s. 47

Delete “the justices” and insert instead —

“ a court of summary jurisdiction ”.

Delete “they may” and insert instead —

“ it may ”.

Delete “they think” and insert instead —

“ it thinks ”.

s. 48

Delete “the justices” and insert instead —

“ a court of summary jurisdiction ”.

s. 54

In paragraph (b), insert before “matter” —

“ offence or ”.

In paragraph (c), delete “such justices as shall then be there”

and insert instead —

“	a court of summary jurisdiction that has jurisdiction to

deal with the complaint

”.

In paragraph (d)(i), delete “such justices as shall then be there” and insert instead —

“

a court of summary jurisdiction that has jurisdiction to

deal with the complaint

”.

s. 55	Delete “justice or clerk of petty sessions” and insert instead — “ magistrate, justice or registrar ”. Delete “of justices” and insert instead — “ to a court of summary jurisdiction ”.
s. 56A(1)	Delete “justices” and insert instead — “ a court of summary jurisdiction ”. Delete “registered”.
s. 56A(3)	Delete “of petty sessions”.
s. 56A(4)	Delete “justices” and insert instead — “ court ”.
s. 56A(5)	Repeal the subsection.
s. 56A(6)	Repeal the subsection.
s. 56A(7)	Repeal the subsection.
s. 56A(8)	Repeal the subsection.
s. 57A(1)	Delete “clerk of petty sessions” and insert instead — “ a registrar of the court concerned ”.
s. 57A(2)	Delete “clerk of petty sessions” and insert instead — “ registrar ”.

Courts Legislation Amendment and Repeal Act 2004

Part 6

Justices Act 1902 amended and transitional provisions

Division 1

Amendments

s. 50

s. 59

After “before a” insert —

“ magistrate or ”.

Delete “justice may” and insert instead —

“ officer may ”.

Delete “justices” and insert instead —

“ a court of summary jurisdiction ”.

s. 61

Delete “justices in any jurisdiction” and insert instead —

“	a court of summary jurisdiction that has jurisdiction to

deal with the complaint

”.

s. 66(1)	Delete “before justices” and insert instead — “ before a court of summary jurisdiction ”. Delete “to justices” and insert instead — “ to a court of summary jurisdiction ”. Delete “the justices” and insert instead — “ the court ”. Delete “their” and insert instead — “ its ”.
s. 66(2)	Delete “The justices are” and insert instead — “ A court of summary jurisdiction is ”. Delete “them” and insert instead — “ it ”.
s. 71	Delete “justices” and insert instead — “ a court of summary jurisdiction ”.
s. 73(1a)	Delete “justices” and insert instead — “ judicial officer ”.
s. 74(1)	Delete “Any justice or clerk of petty sessions” and insert instead — “ A magistrate, justice or registrar ”. Delete “such justices as shall then be there” and insert instead — “ a court of summary jurisdiction ”.
s. 76	Delete “the justice” and insert instead — “ a magistrate or justice ”.
s. 77	Repeal the section.

Courts Legislation Amendment and Repeal Act 2004

Justices Act 1902 amended and transitional provisions

Part 6

Amendments

Division 1

s. 50

s. 78	Delete “justices have” and insert instead — “ a magistrate, justice or registrar has ”. Delete “they” and insert instead —
“ he ”. Delete “him” and insert instead — “ the person ”.
s. 79(1)	Delete “indictable”. Delete “justices” and insert instead — “ court of summary jurisdiction ”. Delete “their warrant” and insert instead — “ a warrant ”. Delete “subsection (3), as they may in their” and insert instead — “ subsection (2), as it may in its ”. Delete “same or such other justices as shall be acting” and insert instead — “ court ”.
s. 80	Delete “the justices” in the first place where it occurs and insert instead — “ the court of summary jurisdiction ”. Delete “the justices” in the second place where it occurs and insert instead — “ the court ”. Delete “same or such other justices as shall be acting” and insert instead — “ court ”.
s. 81	Delete “Any justices” and insert instead — “ A magistrate, justice or registrar ”. Delete “them” and insert instead —
“ the court of summary jurisdiction ”.
s. 83	Repeal the section.
s. 84	Repeal the section.
s. 85	Repeal the section.

Courts Legislation Amendment and Repeal Act 2004

Part 6	Justices Act 1902 amended and transitional provisions
Division 1	Amendments
s. 50
s. 86	Delete “the justices present, or, if only one justice is present, such one justice,” and insert instead — “ a court of summary jurisdiction ”. Delete “counsel or solicitors” and insert instead — “ agents ”.
s. 87	Delete “justices commit” and insert instead — “ a court of summary jurisdiction commits ”. Delete “they may” and insert instead — “ it may ”. Delete “in the place for which they are then acting”. Delete “they think” and insert instead —
“ it thinks ”.
s. 88	Delete “justices commit” and insert instead — “ a court of summary jurisdiction commits ”. Delete “they commit” and insert instead — “ it commits ”. Delete “they must” and insert instead — “ it must ”.
s. 90	Delete “justices are” and insert instead — “ a court of summary jurisdiction is ”. Delete “they” and insert instead —
“ it ”. Delete “their” and insert instead — “ its ”.
s. 91	Delete “justices who are there present” and insert instead — “ court ”.
s. 92	Delete “justices have” and insert instead — “ a court of summary jurisdiction has ”. Delete “need not be entered into before the same justices, but”.
Delete “the same or any other justice or justices or before any clerk of petty sessions” and insert instead — “ any magistrate, justice or registrar ”. Delete “justices shall apply as if the recognisances had been entered into before such justices as heretofore by law required.” and insert instead — “ a justice shall apply. ”.

Courts Legislation Amendment and Repeal Act 2004

Justices Act 1902 amended and transitional provisions

Part 6

Amendments

Division 1

s. 50

s. 93	Delete “any justice” and insert instead — “ any magistrate, justice or registrar ”. Delete the passage beginning with “and such justice” and
ending with “has taken place”.
s. 97	Delete “justices” and insert instead — “ a court of summary jurisdiction ”.
s. 97A(1)	Delete “before justices” and insert instead — “ before the court ”. Delete “the justices” and insert instead — “ the court ”.
s. 98	Delete “justices” in the 2 places it occurs and in each place insert instead — “ court ”.
s. 99(2)	Delete “justices” and insert instead — “ court ”.
s. 99(3)	Delete “justices decide” and insert instead — “ court decides ”. Delete “justices shall” and insert instead — “ court shall ”.
s. 99(4)	Delete “justices decide” and insert instead — “ court decides ”. Delete “justices shall” and insert instead — “ court shall ”.
s. 99(5)	Delete “justices” and insert instead — “ court ”. Delete “them” and insert instead — “ it ”.
s. 100(1)	Delete “justices have” and insert instead — “ court has ”.
s. 100(2)	Delete “justices” and insert instead — “ court ”.
s. 100(3)	Delete “clerk of petty sessions” and insert instead — “ court ”.
s. 100(4)	Delete “justices are” and insert instead — “ court is ”. Delete “justices may” and insert instead — “ court may ”.
s. 101(1)	Delete “justices” and insert instead — “ court ”.

Courts Legislation Amendment and Repeal Act 2004

Part 6	Justices Act 1902 amended and transitional provisions
Division 1	Amendments
s. 50
s. 101(2)	Delete “justices” and insert instead — “ court ”.
s. 101(3)	Delete “justices” and insert instead — “ court ”. After “Attorney General,” insert — “ DPP, ”. After “appointed” insert — “ or authorised ”.
s. 101A	Delete “justices” and insert instead — “ court ”.
s. 102(1)	Delete “justices” and insert instead — “ court ”.
s. 102(2)	Delete “justices” and insert instead — “ court ”.
s. 103(1)	Delete “clerk of petty sessions” and insert instead — “ court ”.
s. 103(4)	Delete “justices” and insert instead — “ court ”. Delete “justices are” and insert instead — “ court is ”.
s. 103(6)	Delete “justices hear and determine” and insert instead — “ court hears and determines ”. Delete “justices may” and insert instead — “ court may ”. Delete “without their” and insert instead — “ without its ”.
s. 103(7)	Delete “justices may” and insert instead — “ court may ”. Delete “justices think” and insert instead — “ court thinks ”.
s. 104(1)	Delete “justices are” and insert instead — “ court is ”. Delete “tendered to them” and insert instead — “ tendered to it ”. Delete “they are” in the 2 places where it occurs and in each place insert instead — “ it is ”.

Courts Legislation Amendment and Repeal Act 2004

Justices Act 1902 amended and transitional provisions

Part 6

Amendments

Division 1

s. 50

s. 104(2)	Delete “justices” and insert instead — “ court ”. Delete “before them” and insert instead — “ before it ”.
s. 104(3)	Delete “justices are” and insert instead — “ court is ”.
s. 104(4)	Delete “justices are” and insert instead — “ court is ”.
s. 107(1)	Delete “justices” in the 3 places it occurs and in each place insert instead — “ court ”. Delete “they” and insert instead — “ it ”.
s. 107(2)	Delete “clerk of petty sessions” and insert instead — “ registrar ”.
s. 109(1)	Delete “before justices”. Delete “the justices” and insert instead — “ the judicial officer ”.
s. 109(2)	Delete “justices by or before” and insert instead — “ judicial officer by ”.
s. 111	Delete “of any justice” and insert instead — “ of a magistrate, justice or registrar ”. Delete “for any justice” and insert instead — “ for that officer ”. Delete “the justice” in the 2 places it occurs and in each place insert instead — “ the officer ”. Delete “magistrate for the district in which he has taken the same” and insert instead — “ registrar of the relevant court of summary jurisdiction ”.
s. 112	Delete “justice” and insert instead — “ officer ”. Delete “counsel or solicitor” and insert instead — “ agent ”.
s. 113	Delete “ a judge or the justice” and insert instead — “ the court ”.

Courts Legislation Amendment and Repeal Act 2004

Part 6	Justices Act 1902 amended and transitional provisions
Division 1	Amendments
s. 50
s. 123	Delete “justices” and insert instead — “ court ”. Delete “their” and insert instead — “ a ”.
s. 124	Delete “justices” and insert instead — “ court of summary jurisdiction ”. Delete “they may think” and insert instead —
“ it thinks ”.
s. 125	Delete “justices” in the 2 places it occurs and in each place insert instead — “ judicial officer ”.
s. 126	Delete “justices” in the 2 places it occurs and in each place insert instead — “ court of summary jurisdiction ”. Delete “whom” and insert instead — “ which ”. After “Attorney General” insert — “ , DPP ”. After “appointed” insert — “ or authorised ”. Before “justice” insert — “ magistrate or ”.
s. 127	Delete “justices” and insert instead — “ registrar ”. After “Attorney General,” insert — “ DPP, ”. After “appointed” insert — “ or authorised ”.
s. 128	After “Attorney General,” insert — “ DPP, ”. After “appointed” insert — “ or authorised ”. Delete “justices” and insert instead — “ registrar of the court of summary jurisdiction ”.

Courts Legislation Amendment and Repeal Act 2004

Justices Act 1902 amended and transitional provisions

Part 6

Amendments to various Acts

Schedule 1

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”.

Courts Legislation Amendment and Repeal Act 2004

Schedule 1

Amendments to various Acts

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.

Courts Legislation Amendment and Repeal Act 2004

Amendments to various Acts

Schedule 1

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

”.

Courts Legislation Amendment and Repeal Act 2004

Schedule 1

Amendments to various Acts

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

s. 26(2)	Repeal the subsection.
s. 27(1)	In each provision delete “petty sessions” and insert instead —
s. 27(3)	“ summary jurisdiction ”.

Courts Legislation Amendment and Repeal Act 2004

Amendments to various Acts

Schedule 1

s. 27(2)

Delete “pursuant to the provisions of the last preceding

subsection in the manner prescribed in the Justices

Act 1902.” and insert instead —

“

under subsection (1) in accordance with Part VIII of the Criminal Procedure (Summary) Act 1902.

”.

s. 27B

Delete “Justices Act 1902” and insert instead —

“ Criminal Procedure (Summary) Act 1902 ”.

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	Delete “or Clerk”.
Form 2

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 relevant matter was heard;

”.

Courts Legislation Amendment and Repeal Act 2004

Schedule 1	Amendments to various Acts
s. 5	Delete “Justices Act 1902” and insert instead — “ Criminal Procedure (Summary) Act 1902 ”.
s. 56(3)	In each provision delete “clerk” in each place it occurs and in
s. 59(1)(b)	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 ”.

Courts Legislation Amendment and Repeal Act 2004

Other amendments to Acts

Schedule 2

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 ”.

Courts Legislation Amendment and Repeal Act 2004

Schedule 2

Other amendments to Acts

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 Act 2002

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 ”.

Courts Legislation Amendment and Repeal Act 2004

Other amendments to Acts

Schedule 2

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)	In each provision, delete “Local Court” and insert instead —
s. 34(5)	“ 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 ”.

Courts Legislation Amendment and Repeal Act 2004

Schedule 2

Other amendments to Acts

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 ”.

Courts Legislation Amendment and Repeal Act 2004

Other amendments to Acts

Schedule 2

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)	In each provision, delete “Local Court held” wherever it
s. 27(7)	occurs and in each place insert instead —
s. 33I(2)(a)	“ Magistrates Court at the place ”.

Courts Legislation Amendment and Repeal Act 2004

Schedule 2	Other amendments to Acts
s. 17(2)	In each provision, delete “the Local Court” wherever it
s. 17(3)	occurs and in each place insert instead —
s. 17(3a)	“ the Magistrates Court ”.
s. 17(5)
s. 33G(6) s. 33I(3) s. 33J
s. 33F(2)	In each provision delete “a Local Court” wherever it occurs
s. 33F(6)	and in each place insert instead —
s. 33G(2)	“ the Magistrates Court ”.
s. 33G(3) s. 33G(4) s. 33H(5) s. 33I(1) s. 33I(2) s. 33I(3) s. 33L(1) 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 ”.

Courts Legislation Amendment and Repeal Act 2004

Other amendments to Acts

Schedule 2

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.

”.

Courts Legislation Amendment and Repeal Act 2004

Schedule 2

Other amendments to Acts

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.

”.

Courts Legislation Amendment and Repeal Act 2004

Other amendments to Acts

Schedule 2

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	Delete the definition of “CSM” and insert instead —
cl. 1	“

“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 ”.

Courts Legislation Amendment and Repeal Act 2004

Schedule 2

Other amendments to Acts

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 ”.

Courts Legislation Amendment and Repeal Act 2004

Other amendments to Acts

Schedule 2

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 ”.

Courts Legislation Amendment and Repeal Act 2004

Schedule 2

Other amendments to Acts

24. Hire Purchase Act 1959

s. 3(4f)	In each provision delete “a Local Court” and insert instead —
s. 3(4g)	“ the Magistrates Court ”.
s. 3(4h) s. 3(4j) s. 12A(2)

s. 12A(3) s. 36A(5) s. 36A(6) s. 36A(7) s. 36A(8) 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

s. 224(6)(a)

Delete “Local Court” and insert instead —

“ Magistrates Court at the place ”.

s. 224(6)(b)

Delete “Local Court” and insert instead —

“ Magistrates Court ”.

s. 226(2)

Repeal the subsection and insert instead —

“

(2)	If the amount does not exceed the jurisdiction of the Magistrates Court, a magistrate of that court is to be the president.

”.

s. 226(3)

Delete “a Local Court” and insert instead —

“ the Magistrates Court ”.

Courts Legislation Amendment and Repeal Act 2004

Other amendments to Acts

Schedule 2

s. 231(c)

Delete the paragraph and insert instead —

“

(c)	in the case of a magistrate, by some other magistrate of the Magistrates Court; or

”.

s. 237(3)

Delete “stipendiary”.

27. Licensed Surveyors Act 1909

s. 21(1b)

In each provision, delete “a Local Court” and insert

s. 21(1c)

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)

In each provision, delete “a court of summary jurisdiction”

s. 2.27(7)

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)

In each provision delete “a Local Court” and insert instead —

s. 9.8(4)

“ the Magistrates Court ”.

Courts Legislation Amendment and Repeal Act 2004

Schedule 2

Other amendments to Acts

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 ”.

Courts Legislation Amendment and Repeal Act 2004

Other amendments to Acts

Schedule 2

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)

In each provision, delete “Local Court” and insert instead —

s. 57D(5)

“ Magistrates Court ”.

33. Motor Vehicle Drivers Instructors Act 1963

s. 10(2)(a)

In each provision, delete “a Court of Petty Sessions” and

s. 10(4)

insert instead —

“ the Magistrates Court ”.

s. 10(2)(b)

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

”.

Courts Legislation Amendment and Repeal Act 2004

Schedule 2	Other amendments to Acts
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)

In each provision delete “Local Court” and insert instead —

s. 33(3)

“ 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)	In each provision delete “a magistrate” and insert instead —
s. 16G(b)	“ the Magistrates Court ”.
s. 16H(2)
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”.

Courts Legislation Amendment and Repeal Act 2004

Other amendments to Acts

Schedule 2

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)	In each provision delete “a Court” and insert instead —
s. 32(1)	“ 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.

”.

Courts Legislation Amendment and Repeal Act 2004

Schedule 2

Other amendments to Acts

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)

In each provision delete “Local Court” wherever it occurs an

s. 33(3)

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. ”.

Courts Legislation Amendment and Repeal Act 2004

Other amendments to Acts

Schedule 2

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 ”.

Courts Legislation Amendment and Repeal Act 2004

Schedule 2	Other amendments to Acts
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 ”.

Courts Legislation Amendment and Repeal Act 2004

Other amendments to Acts

Schedule 2

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. ”.

Courts Legislation Amendment and Repeal Act 2004

Schedule 2

Other amendments to Acts

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.

”.

Courts Legislation Amendment and Repeal Act 2004

Other amendments to Acts

Schedule 2

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)	In each provision delete “a Local Court” and insert instead —
s. 22(2)	“ the Magistrates Court ”.
s. 23(4)
s. 30(3)
s. 37(2)
s. 38(1)
s. 20(5)	In each provision delete “A Local Court” and insert
s. 22(3)	instead —
s. 23(5)	“ The Magistrates Court ”.
s. 30(4) s. 37(3)

50. Transport Co-ordination Act 1966

s. 47Z(1)

Delete the definition of “Local Court”.

s. 47ZF(1)(l)

Delete “a Local Court” and insert instead —

“ the Magistrates Court ”.

s. 57(3)

Delete “a stipendiary magistrate” and insert instead —

“ the Magistrates Court ”.

Courts Legislation Amendment and Repeal Act 2004

Schedule 2

Other amendments to Acts

s. 57(4)

Delete “Court in which the stipendiary magistrate is to sit and

hear the appeal” and insert instead —

“ Magistrates Court ”.

s. 57(5)

Repeal the subsections and insert instead —

“

(5)	The Magistrates Court, constituted by a magistrate, shall hear and determine the appeal and may order that the revocation or suspension be set aside, subject to such conditions as the court thinks fit, or may dismiss the appeal and, in any event, may make such order as to costs as it thinks fit.

”.

s. 56(6)

Delete “a stipendiary magistrate” and insert instead —

“ the Magistrates Court ”.

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.

”.