Supreme Court Amendment Act 1983 (WA)

WESTERN AUSTRALIA.

SUPREME COURT.

No. 47 of 1983.

AN ACT to amend the Supreme Court Act 1935-1982.

[Assented to 1 December 1983.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

1. (1) This Act may be cited as the Supreme and citation.

Court Amendment Act 1983.

Reprinted

In this Act the Supreme Court Act 1935-1982 is referred to as the principal Act.

as approved 12 May 1980

and

amended by

Acts Nos.

3, 7, 10 and

(2)

The principal Act as amended by this Act may be cited as the Supreme Court Act 1935-1983. 47 of 1982.

(3)

No. 47.] Supreme Court. [1983.

Section 7

amended. 2. Section 7 of the principal Act is amended in

subsection (1)—

(a)	by deleting "and" at the end of paragraph (b); and
(b)	by deleting paragraph (c) and substituting the following paragraphs-

t c

(c)	such Masters as for the time being hold office pursuant to an appoint- ment made under section 11A of this Act; and
(d)	such acting Masters, if any, as for the time being hold office pursuant to an appointment made or deemed to have been made under section 11D of this Act. ".

Section 11A

amended. 3. Section 11A of the principal Act is amended

(a) in subsection (1) by deleting "a person having the necessary qualification to be the Master" and substituting the following

If one or more persons each having the

necessary qualification to be a

Master "; and

(b) by inserting after subsection (4) the follow- ing subsection

t i

(5) The Masters shall have seniority according to the dates of their commissions. ".

Section 11B

amended. 4. Section 113 of the principal Act is amended

(a) in subsection (1) by deleting "The Master" and substituting the following-

" A Master ";

1983.] Supreme Court. [No. 47.

(b) in subsection (3)—

(i)   by deleting "Where the Master was not, immediately before his appoint- ment as such, an officer of the Public Service of the State the" and sub- stituting the following-

" The "; and

(ii)   by deleting "in respect of him" and substituting the following-

" in respect of a Master ";

(c) by inserting after subsection (3) the

following subsections

ft (3a) Where subsection (2) of this

section applies to and in respect of a person so that, under the Super- annuation and Family Benefits Act 1938, a pension is payable to and in respect of him, the payment of that pension does not affect any pension that may be payable to and in respect of him under the Judges' Salaries and Pensions Act 1950, but the pension otherwise payable under that Act to and in respect of him shall be reduced in accordance with the provisions of that Act by the amount of the State share of the first-mentioned pension.

(3b) Where a Master is appointed a Judge of the Supreme Court or a Judge of The District Court of Western Australia, or to any other office to which the provisions of the Judges' Salaries and Pensions Act 1950 that relate to pensions are applied, his service as Master shall be regarded for the purposes of the Judges' Salaries and Pensions Act 1950 as service as a Judge. ";

No. 47.] Supreme Court. [1983.

(d) in subsection (4)-

(i)   by deleting "The Master" and sub- stituting the following-

" A Master "; and

(ii)  by deleting "office has or shall become vacant accordingly" and substituting the following-

" resignation has taken or shall

take effect accordingly "; and

(e) by repealing subsection (5) and substitut- ing the following

'C

(5) A Master shall retire from

office

(a)	if, after attaining the age of 60 years, he signifies by writing under his hand and delivered to the Governor his desire to retire and the Governor agrees; or
(b)	on the day on which he attains the age of 65 years,

whichever first occurs and thereupon that Master shall cease to hold office. ".

Section 11D

amended. 5. Section 11D of the principal Act is amended

(a) by repealing subsection (1) and substitut- ing the following

C'

(1) While

(a) there is no person holding or acting in the office of Master;

1983.] Supreme Court. [No. 47.

(b) there is one person holding or acting in the office of Master but, as a consequence of absence on leave, sickness or any other reason, that person is temporarily unable to perform the duties of his office;

Or

(c) there are two or more persons holding or acting in the office of Master but, as a consequ- ence of absence on leave, sickness or any other reason, those persons are unable to perform the duties of their offices,

and no other person is specifically appointed to act in the office of Master by a commission issued under subsec- tion (2) of this section, the person holding or for the time being acting in the office of Principal Registrar, if qualified to be appointed to the office of Master, is deemed to be so appointed and all the duties and powers of a Master devolve upon him and are exercisable by him in conjunction with his duties and powers as a Registrar. ";

and

(b) by deleting paragraph (a) of subsection (2).

Section 11E

6. Section 11E of the principal Act is amended by amended.

inserting the following subsection

C' (4) Unless the context otherwise requires, a

reference in any other Act or in any regula- tion, rule, by-law, notice, proclamation or other statutory instrument made, published or in force under this Act or any other Act to the Master shall be read and construed as a reference to a Master. ".

No. 47.] Supreme Court. [1983.

Section 49

amended. 7. Section 49 of the principal Act is amended in

subsection (6)-

(a) by deleting "effective:" and substituting the following-

" effective. "; and

(b) by deleting the proviso to that subsection.

Section 52

amended. 8. Section 52 of the principal Act is amended in subsection (1) by deleting "the Master" where it first occurs and substituting the following-

" a Master ".

Section 54

amended. 9. Section 54 of the principal Act is amended by deleting "The Master" and substituting the following-

" A Master ".

Section 80

amended. 10. Section 60 of the principal Act is amended

in subsection (1)-

(a) in paragraph (e) by deleting "the Master" in the second place where it occurs and substituting the following

ti a Master "; and

(b) in paragraph (f) by deleting "the Master" in the second place where it occurs and substituting the following-

" a Master ".

Section 166

amended. 11. Section 166 of the principal Act is amended in subsection (2) by inserting before "Master" the following-

" senior ".

1983.] Supreme Court. [No. 47.

Second

The Second Schedule to the principal Act is

amended by deleting "the Master" and substituting

the following-

Schedule amended.

12.

" a Master

Miscella-

The principal Act is amended by deleting "the Master" wherever it occurs in the provisions referred

neous

amendments.

to in the Schedule to this Act and substituting in

each case the following-

13.

" a Master ".

SCHEDULE. (section 13)

Substitution of "a Master" for "the Master"

Section 4 (definition of "Master")

Section 7 (4)

Section 11A (2)

Section 11A (3)

Section 11A (4)

Section 11B (2)

Section 11C

Section 11D (2) (b)

Section 12 (1)

Section 46 (6)

Section 49 (1)

Section 50 (1)

Section 51 (1)

Section 51 (2)

Section 58 (1) (b)

Section 59 (1)

Section 60 (1) (a)

Section 60 (1) (b)

Section 60 (1) (c)

Section 64 (3)

Section 126 (6)

Section 167 (1) (c)

Section 174.