Miscellaneous Acts (Children's Court and Criminal Proceedings) Amendment Act 1987 (NSW)

MISCELLANEOUS ACTS (CHILDREN'S COURT AND CRIMINAL PROCEEDINGS) AMENDMENT ACT 1987

No. 273

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title
2. Commencement
3. Amendments

SCHEDULE 1—AMENDMENTS

MISCELLANEOUS ACTS (CHILDREN'S COURT AND CRIMINAL

PROCEEDINGS) AMENDMENT ACT 1987 No. 273

NEW SOUTH WALES

Act No. 273, 1987

An Act to amend various Acts as a consequence of the enactment of the

Proceedings) Amendment Act 1987. [Assented to 16 December 1987] Children's Court (Amendment) Act 1987 and the Children (Criminal

Miscellaneous Acts (Children's Court and Criminal Proceedings) Amendment

1987

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Miscellaneous Acts (Children's Court and

Criminal Proceedings) Amendment Act 1987.

Commencement

2.     (1) Subject to this section, this Act shall commence on the date of

assent to this Act.

(2) The provisions referred to in subsection (3), and section 3 in its

application to those provisions, shall commence on—

(a) the date of assent to this Act; or

(b) the commencement of the Children's Court Act 1987,

whichever is the later.

(3) The provisions to which subsection (2) applies are—

(a) item (1) of the provisions of Schedule 1 relating to the Bail Act 1978;

(b) items (1) and (4) of the provisions of Schedule 1 relating to the Crimes Act 1900;

(c) the provision of Schedule 1 relating to the Judicial Officers Act 1986;

(d)	item (6) of the provisions of Schedule 1 relating to the provisions of the Justices Act 1902;
(e)	the provision of Schedule 1 relating to the Local Courts Act 1982; and
(f)	the provision of Schedule 1 relating to the Statutory and Other Officers Remuneration Act 1975.
(4) Item (2) of the provisions of Schedule 1 relating to the Bail Act 1978,

and section 3 in its application to that item, shall commence on—

(a) the date of assent to this Act; or

(b) the commencement of section 9 of the Children (Criminal Proceedings) Act 1987,

whichever is the later.

(5) Item (2) of the provisions of Schedule 1 relating to the Crimes Act

1900, and section 3 in its application to that item, shall commence on—

(a) the date of assent to this Act; or

(b) the commencement of section 38 of the Children (Criminal Proceedings) Act 1987,

whichever is the later.

3   Act No. 273

Miscellaneous Acts (Children's Court and Criminal Proceedings) Amendment

1987

(6) Items (2) and (3) of the provisions of Schedule 1 relating to the Justices Act 1902, and section 3 in its application to those items, shall commence on—

(a) the date of assent to this Act; or

(b) the commencement of the Children (Detention Centres) Act 1987,

whichever is the later.

Amendments

3. Each Act specified in Schedule 1 is amended as set out in that

Schedule.

SCHEDULE 1—AMENDMENTS

(Sec. 3)

Bail Act 1978 No. 161—

(1) Section 4 (1), definition of "magistrate"—

Omit "a member of the Children's Court", insert instead "a

Children's Magistrate".

(2) Section 25 (4)—

After section 25 (3), insert:

(4) The consent of an accused person who is a child shall not

be sought or given for the purposes of subsection (1) (a).

Crimes Act 1900 No. 40—

(1) Section 340(2)—

Omit "a member of the Children's Court", insert instead "a

Children's Magistrate".

(2) Section 353AB—

Omit "all other", insert instead "any other prescribed".

(3) Section 353AB (2)—

At the end of section 353AB, insert:

(2) In this section^

"prescribed records" means records of the kind prescribed for

the purposes of section 38 (1) of the Children (Criminal

Proceedings) Act 1987.

(4) Section 428v (1)—

Omit the subsection, insert instead:

(1) In this Chapter—

Miscellaneous Acts (Children's Court and Criminal Proceedings) Amendment

1987

SCHEDULE I—AMENDMENTS—continued

"magistrate" means—

(a) a justice or justices;
(b) a Magistrate; or

(c) a Children's Magistrate.

Judicial Officers Act 1986 No. 100—

Section 3(1), definition of "Magistrate"—

Omit "special magistrate", insert instead "Children's Magistrate".

Justices Act 1902 No. 27—

(1) Section 100L (6)—

Omit "or the Community Welfare Act 1982".

(2) Section 100N (2) (a)—
Omit the paragraph.

(3) Section 100N (2) (b)—

Omit the paragraph, insert instead:

(b) a detention centre within the meaning of the Children (Detention Centres) Act 1987,

(4) Section lOOu (a) (ii)—

Omit the subparagraph, insert instead:

(ii)  to have been laid at the time the certificate was produced before the authorised Justice for the purposes of section

100L; and

(5) Section lOOu (b)—

Omit "or the Community Welfare Act 1982".

(6) Section 104A (1), definition of "Magistrate"—

Omit "a member of the Children's Court", insert instead "a

Children's Magistrate".

Local Courts Act 1982 No. 164—

Section 14 (5)—

Omit "a member of the Children's Court except with the consent of the senior member of that Court", insert instead "a Children's Magistrate except with the consent of the Senior Children's Magistrate".

Miscellaneous Acts (Community Welfare) Repeal and Amendment Act 1987

No. 58—

Schedule 3—

Omit the provisions relating to the Judicial Officers Act 1986.

5   Act No. 273

Miscellaneous Acts (Children's Court and Criminal Proceedings) Amendment

1987

SCHEDULE 1— AMENDMENTS—continued

Statutory and Other Offices Remuneration Act 1975 (1976 No. 4)—

Schedule 2, Part 1 —

Omit:

Senior member of the Children's Court.

Member of the Children's Court.

Insert instead:

Senior Children's Magistrate.

Children's Magistrate.