Magistrates Court Amendment Act 2000 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Magistrates Court Amendment Act 2000

No 60 of 2000

An Act to amend the Magistrates Court Act 1930

[Notified in ACT Gazette No. 40: 5 October 2000]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Magistrates Court Amendment Act 2000.

2. Commencement

   This Act commences on the day it is notified in the Gazette.

3. Act amended

   This Act amends the Magistrates Court Act 1930.

4. Interpretation

   Section 196 is amended by inserting the following definition:

   “employer means a person who engages an individual under—

   (a)a contract of service; or

   (b)a contract for services; or

   (c)an apprenticeship; or

   (d)a training agreement under the Vocational Education and Training Act 1995.”.

5. Entitlement to apply

   Section 198 is amended—

(a)by inserting after paragraph (1) (b) the following paragraph:

“(ba)an employer of the aggrieved person; or”; and

(b)by omitting subsection (3).

1. Insertion

   Before section 199 the following section is inserted:

“198B Special requirements—applications by community advocate or employer

“(1)    The court may proceed with an application by the community advocate only if satisfied that the community advocate is an appropriate person to make the application in the circumstances.

“(2)    The court may proceed with an application by an employer of an aggrieved person only if satisfied that the aggrieved person consents to the making of the application.

“(3)  Despite paragraph 206 (1) (b) of the Magistrates Court (Civil Jurisdiction) Act 1982 (which is about service of affidavits on parties), an affidavit is not to be served on another party to a proceeding under this Part if the only matter sworn is an aggrieved person’s consent to the making of the application by the person’s employer.

“(4)    Subsection (3) is not to be taken to limit the ways in which the court may be satisfied that the aggrieved person consents to the making of the application.”.

1. Parties—applications by person other than aggrieved persons

   Section 200 is amended by inserting after paragraph (1) (a) the following paragraph:

“(aa)an employer of the aggrieved person; or”.

1. Service of applications

   Paragraph 206A (1) (b) is amended by omitting “relative” and substituting “relative, employer”.

Endnote

Act amended

1. Republished as in force on 31 March 1999.  See also Acts 1999 Nos 22, 34, 59, 61, 64, 66, 79 and 91; Act No 2000 No 1.

[Presentation speech made in Assembly on 10 May 2000]

©  Australian Capital Territory 2000