Courts Legislation Further Amendment Act 2002 (NSW)

An Act to amend the Bail Act 1978 in relation to bail undertakings, the Land and Environment Court Act 1979 in relation to the issue of process, the Liquor Act 1982 in relation to licensing magistrates under that Act, the Local Courts Act 1982 in relation to the preservation of entitlements of persons appointed as Magistrates, and the Supreme Court Act 1970 in relation to arbitration; and for other purposes.

1Name of Act

This Act is the Courts Legislation Further Amendment Act 2002.

2Commencement(1)

This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2).

(2)

Schedule 4 [1] commences on the date of assent.

3Amendment of Acts

The Acts specified in Schedules 1–6 are amended in the manner set out in those Schedules.

Schedule 1Amendment of Bail Act 1978 No 161

(Section 3)

[1]Section 35

Omit the section. Insert instead:

35Giving of bail undertakings

A bail undertaking may be given to any of the following:

• (a)

  a court,

• (b)

  an authorised officer,

• (c)

  an officer of the Department of Corrective Services who is authorised by the Commissioner of Corrective Services for the purposes of this section.

[2]Sections 36 (3) (d) and 39B

Omit “authorised officer or court” wherever occurring.

Insert instead “officer or court”.

[3]Section 39 Entry into agreement and acceptance of acknowledgment or security

Omit “authorised officer or court” where secondly occurring.

Insert instead “officer or court”.

Schedule 2Amendment of Land and Environment Court Act 1979 No 204

(Section 3)

[1]Section 65 Issue of process

Omit “and be signed by the officer issuing the process and marked with the Court office stamp”.

Insert instead “and be signed or otherwise authenticated in accordance with the rules”.

[2]Schedule 3 Savings, transitional and other provisions

Insert at the end of the Schedule, with appropriate numbering:

Courts Legislation Further Amendment Act 2002

Anything that was done or omitted to be done on or after 1 July 2002 and before the commencement of the amendment made by Schedule 2 to the Courts Legislation Further Amendment Act 2002, and that would have been valid if that amendment had been in force when the thing was done or omitted to be done, is validated.

Schedule 3Amendment of Liquor Act 1982 No 147

(Section 3)

Insert after section 8 (3):

(3A)

A licensing magistrate who is a Magistrate with limited tenure within the meaning of the Local Courts Act 1982 is entitled to be paid (and is taken always to have been entitled to be paid) remuneration payable in respect of Magistrates with limited tenure under section 24 (2) of that Act.

Schedule 4Amendment of Local Courts Act 1982 No 164

(Section 3)

[1]Section 14A

Insert after section 14:

14ASpecial provision relating to certain Chief Magistrate(1)

This section applies to a person:

• (a)

  who was a Judge of the District Court before being appointed as the Chief Magistrate, and

• (b)

  who was the first person appointed as Chief Magistrate after the commencement of this section, and

• (c)

  whose instrument of appointment declared that this section applies to the person’s appointment as Chief Magistrate.

(2)

The appointment of the person as Chief Magistrate, or service by the person as Chief Magistrate, does not affect:

• (a)

  the person’s tenure as a Judge of the District Court, or

• (b)

  the person’s rank, title, status, remuneration or other rights or privileges as a Judge of the District Court.

(3)

The person’s service as Chief Magistrate is, for all purposes, taken to be service as the holder of the office of Judge of the District Court.

(4)

Despite anything to the contrary in this section, the person is not to exercise the jurisdiction of the District Court while holding office as Chief Magistrate (except, with the approval of the Chief Judge of the District Court, in respect of a matter that was being dealt with by the person immediately before being appointed as Chief Magistrate).

[2]Section 25 Superannuation and certain other rights

Insert after section 25 (4):

(5)

This section is subject to section 25A.

[3]Section 25A

Insert after section 25:

25AExtended, annual and sick leave accrued or accruing at time of appointment(1)

A person who was employed in a public sector service (within the meaning of Schedule 5A to the Public Sector Management Act 1988) before the person’s appointment as a Magistrate does not retain, on his or her appointment, any entitlement to extended, annual or sick leave accrued or accruing to the person as such an employee.

(2)

Subsection (1) does not apply in relation to a Magistrate with limited tenure.

(3)

Nothing in subsection (1) prevents the payment to a person to whom that subsection applies of the money value of any extended, annual or sick leave accrued or accruing to the person as an employee in a public sector service before the person’s appointment as a Magistrate.

(4)

This section applies only in relation to a person appointed as a Magistrate on or after the commencement of this section.

Schedule 5Amendment of Statutory and Other Offices Remuneration Act 1975 (1976 No 4)

(Section 3)

Insert “or a Magistrate who has limited tenure within the meaning of the Local Courts Act 1982” at the end of the matter relating to Licensing magistrate (under the Liquor Act 1982).

Schedule 6Amendment of Supreme Court Act 1970 No 52

(Section 3)

[1]Section 76B Arbitration under Arbitration (Civil Actions) Act 1983

Omit section 76B (3) (b) and (c).

[2]Fourth Schedule Savings and transitional provisions

Insert at the end of the Schedule, with appropriate numbering:

PartProvision consequent on enactment of Courts Legislation Further Amendment Act 2002

The amendment made by Schedule 6 [1] to the Courts Legislation Further Amendment Act 2002 extends to proceedings commenced, but not determined, before the commencement of the amendment.