District Court (Amendment) Act 1986 (NSW)

DISTRICT COURT (AMENDMENT) ACT 1986 No. 210

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title
2. Commencement
3. Amendment of Act No. 9, 1973

4. Savings and transitional provisions

SCHEDULE 1—AMENDMENTS TO THE DISTRICT COURT ACT 1973

SCHEDULE 2—SAVINGS AND TRANSITIONAL PROVISIONS

DISTRICT COURT (AMENDMENT) ACT 1986 No. 210

NEW SOUTH WALES

Act No. 210, 1986

An Act to amend the District Court Act 1973 with respect to the places at

which the criminal jurisdiction of the District Court may be exercised and	with respect to the exercise of registry functions for that jurisdiction; and
for other purposes. [Assented to 23 December 1986]

District Court (Amendment) 1986

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:

Short title

1. This Act may be cited as the "District Court (Amendment) Act

1986".

Commencement

2. (1) Sections 1 and 2 shall commence on the date of assent to this

Act.

(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.

Amendment of Act No. 9, 1973

3. The District Court Act 1973 is amended in the manner set forth in

Schedule 1.

Savings and transitional provisions

4. Schedule 2 has effect.

SCHEDULE i

(Sec. 3)

AMENDMENTS TO THE DISTRICT COURT ACT 1973

(1) Section 4 (Interpretation: general)—

(a) Section 4(1)—
Omit the definition of "proclaimed place", insert instead:

"proclaimed place" means a place for the time being specified

in a proclamation under section 1 8F;

3   Act No. 210

District Court (Amendment) 1986

SCHEDULE l—continued

AMENDMENTS TO THE DISTRICT COURT ACT 1973—continued

(b) Section 4 (10)—
After section 4 (9), insert:

(10) In this Act—

(a)	a reference to a function includes a reference to a power, authority and duty; and
(b)	a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(2) Part II, Divisions 4 and 5—

After Division 3, insert:

DIVISION 4—Proclaimed Places

Proclaimed places

18F. (1) The Governor may, by proclamation, specify places

at which the Court may sit, and one of those places shall be

Sydney.

(2) In this section, "place" means city, town or other place.

DIVISION 5—Registrars

Registrars

18G. (1) There shall be a registrar of the Court for each

proclaimed place.

(2) The registrar for Sydney, and for any other proclaimed place specified for the purposes of this subsection by the Minister by order published in the Gazette, shall be appointed subject to and in accordance with the Public Service Act 1979.

(3) The registrar for any proclaimed place not referred to in subsection (2) shall be—

(a) the Clerk of the Local Court for that place; or

District Court (Amendment) 1986

SCHEDULE I—continued

AMENDMENTS TO THE DISTRICT COURT ACT 1973—continued

(b) if there is no such Clerk—the Clerk of the Local Court for some other place (whether or not that place is a proclaimed place) specified for the purposes of this subsection by the Minister by order published in the Gazette.

(4) If the Minister so directs by order published in the Gazette, there may be 2 registrars for a particular proclaimed place—

(a)	one of whom shall be the registrar of the Court in its civil jurisdiction for the place; and
(b)	the other of whom shall be the registrar of the Court in its criminal jurisdiction for the place,

and references in this Act to the registrar for the place shall be read as applying to whichever of the registrars is appropriate in the circumstances.

(5) In this section, "Clerk of the Local Court", in relation to a place, includes a person for the time being exercising the functions of the Clerk of the Local Court for the place.

Functions of registrars

18H. The registrar for a proclaimed place shall have and may

exercise such functions as may be prescribed by the civil

procedure rules and the criminal procedure rules.

Assistant registrars

18i. (1) Subject to and in accordance with the Public Service

Act 1979, one or more assistant registrars may be appointed for

a proclaimed place.

(2) If the Governor by proclamation so directs, the Clerk of the Local Court for a place specified in the proclamation (whether or not that place is a proclaimed place) shall be an assistant registrar for the proclaimed place specified in the proclamation.

(3) In this section, "Clerk of the Local Court", in relation to a place, includes a person for the time being exercising the functions of the Clerk of the Local Court for the place.

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District Court (Amendment) 1986

SCHEDULE I—continued

AMENDMENTS TO THE DISTRICT COURT ACT 1973—continued

Functions of assistant registrars

18J. (1) An assistant registrar for a proclaimed place shall have and may exercise such of the functions of the registrar for that proclaimed place as may be specified in the civil procedure rules or the criminal procedure rules.

(2) Anything done or omitted to be done by an assistant registrar for a proclaimed place in the exercise of the assistant registrar's functions under this Act shall, for the purposes of this Act, have the same effect as if it had been done or omitted by the registrar for that proclaimed place.

(3) Nothing in this section affects the functions of any registrar.

(3) Part III, Division 1, Subdivision 1 (Registrars)—

Omit the Subdivision (sections 19-23).

(4) Section 31 (Proclaimed places)—

Omit the section.

(5) Section 34 (Permanent substitution of proclaimed place)—

Section 34 (1)—

Omit "section 31", insert instead "section 18F".

(6) Section 165 (Interpretation)—

Omit the definition of "appointed place".

(7) section 166—

Omit the section, insert instead:

Criminal jurisdiction of the Court

166.     (1) The Court has the criminal jurisdiction conferred or

imposed on it by or under this Act, the Criminal Procedure Act
1986 and any other Act.

District Court (Amendment) 1986

SCHEDULE 1—continued

AMENDMENTS TO THE DISTRICT COURT ACT 1973—continued

(2) The Court has generally the same criminal jurisdiction as each Court of Quarter Sessions had immediately before the commencement of this Act, except as regards any offences prescribed for the purposes of section 5 (2) of the Criminal Procedure Act 1986.

(8) Section 170 (Clerk of the Peace)—

Omit the section.

(9) Section 171 (Criminal procedure rules)—

(a)	Section 171 (2) (a)— Omit "Clerk of the Peace", insert instead "registrars".
(b)	Section 171 (2) (f)— After "quash", insert "or stay".

(10) Section 172 (Appointed places)—

Omit the section.

(11) Section 173 (Directions as to the sittings of the Court in its criminal

jurisdiction)—

Section 173 (2)—

Omit "appointed places", insert instead "proclaimed places".

(12) Section 174 (General provisions as to sittings)—

Section 174(1)—
Omit "appointed" wherever occurring, insert	instead
"proclaimed".

(13) Section 175—

Omit the section, insert instead:

Hearing of appeals

175. (1) An appeal to the Court in its criminal jurisdiction may be heard and disposed of by the Court sitting at any proclaimed place.

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District Court (Amendment) 1986

SCHEDULE I—continued

AMENDMENTS TO THE DISTRICT COURT ACT 1973—continued

(2) Subsection (1) has effect subject to any other Act or any

instrument under any other Act.

(14) Section 185 (Savings as to Judges and officers)—

Section 185 (1), (6)— Omit the subsections.

SCHEDULE 2

(Sec. 4)

SAVINGS AND TRANSITIONAL PROVISIONS

Proclaimed places

1. (1) A proclamation in force under section 31 of the District Court Act 1973 immediately before the commencement of this Act shall be deemed to be a proclamation in force under section 1 8F of that Act.

(2) A proclamation in force under section 172 of the District Court Act 1973 mmediately before the commencement of this Act shall be deemed to be a proclamation in force under section 1 8F of that Act, to the extent that it specifies a place not specified in a proclamation referred to in subclause (1).

(3) An order in force under section 173 of the District Court Act 1973 immediately before the commencement of this Act in relation to appointed places shall be deemed to be an order in force under that section in relation to proclaimed places.

(4) A reference in any other Act, in any instrument made under any Act or in any other instrument of any kind to an "appointed place" (being an appointed place under the District Court Act 1973) shall be read as a reference to a proclaimed place under that Act at which the Court sits in its criminal jurisdiction.

Registrars

(1) A person holding office as registrar for Sydney or any other proclaimed place under section 19 (2) of the District Court Act 1973 immediately before the commencement of this Act shall be deemed to have been appointed to that office under section 1 8G (2) of that Act.

2.

(2) An order in force under section 19 (2) of the District Court Act 1973 immediately before the commencement of this Act shall be deemed to be an order in force under section 1 8G (2) of that Act.

District Court (Amendment) 1986

SCHEDULE 2—continued

SAVINGS AND TRANSITIONAL PROVISIONS—continued

(3) An order in force under section 19 (3) of the District Court Act 1973 immediately before the commencement of this Act shall be deemed to be an order in force under section 1 8G (3) of that Act.

Assistant registrars

3. (1) A person holding office as assistant registrar for a proclaimed place under section 22 (1) of the District Court Act 1973 immediately before the commencement of this Act shall be deemed to have been appointed to that office under section 18i (1) of that Act.

(2) A proclamatton in force under section 22 (2) of the District Court Act 1973 immediately before the commencement of this Act shall be deemed to be a proclamation in force under section 18i (2) of that Act.