Magistrates Court (Special Justices) Amendment Act 2009 (SA)

South Australia

Magistrates Court (Special Justices) Amendment Act 2009

An Act to amend the Magistrates Court Act 1991.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Magistrates Court (Special Justices) Amendment Act 2009.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Magistrates Court Act 1991

4—Amendment of section 7A—Constitution of Court

Section 7A(2)—delete subsection (2) and substitute:

1. (2)

   The Court may be constituted of a special justice—

   1. (a)

      in its Petty Sessions Division; or

   2. (b)

      to hear and determine uncontested applications of a class prescribed by the regulations; or

   3. (c)

      in any other case—if there is no Magistrate available,

but, when constituted of a special justice, the Court may not impose a sentence of imprisonment.

5—Amendment of section 9A—Petty Sessions Division

1. (1)

   Section 9A(b)—delete paragraph (b) and substitute:

   1. (b)

      to hear and determine any of the following charges:

      1. (i)

         a charge of any offence in respect of which an expiation notice has been given to a person alleged to have committed the offence where the alleged offender has elected to be prosecuted for the offence to which the expiation notice relates;

      2. (ii)

         a charge of a prescribed offence;

      3. (iii)

         a charge of any other offence in respect of which the maximum penalty does not exceed a fine of $2 500 or include imprisonment (but may include disqualification from holding or obtaining a driver's licence); and

2. (2)

   Section 9A(c)—delete "of an enforcement order under section 14" and substitute:

   under section 10 or 14

3. (3)

   Section 9A—after its current contents as amended by this section (now to be designated as subsection (1)) insert:

   1. (2)

      In this section—

   prescribed offence means an offence—

   1. (a)

      in respect of which the maximum penalty does not exceed a fine of $2 500 but does include imprisonment; and

   2. (b)

      that is prescribed by the regulations for the purposes of this definition.

6—Amendment of section 15—Exercise of procedural and administrative powers of Court

Section 15—delete "or Justice" and substitute:

, special justice or justice