Untitled document

Courts and Tribunals Legislation (Amendment) Act

2000

Act No. 1/2000

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	2

PART 2—EMPLOYMENT-RELATED EXPENSES OF JUDGES,

MASTERS AND MAGISTRATES 3

3.	Constitution Act 1975	3
4.	County Court Act 1958	4
5.	Magistrates' Court Act 1989	6

PART 3—REMUNERATION OF ACTING MAGISTRATES 8

6.	Remuneration of acting magistrates	8
7.	Consequential amendment of Judicial Remuneration Tribunal
Act 1995	8

PART 4—AMENDMENT OF SENTENCING ACT 1991 10

8.	Time held in custody pending appeal	10
9.	New section 121 substituted	10

121.        Transitional provision—Courts and Tribunals

Legislation (Amendment) Act 2000 10

PART 5—INTERNAL PROMOTION OF VCAT MEMBERS 11

10.      New section 16A inserted in Victorian Civil and

Administrative Tribunal Act 1998 11
16A. Internal promotion of Tribunal members 11
11.	Repeal of spent transitional provision 11

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NOTES 12

i

Victoria

No. 1 of 2000

Courts and Tribunals Legislation

(Amendment) Act 2000†

[Assented to 28 March 2000]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The purposes of this Act are—

(a) to amend the Constitution Act 1975, the County Court Act 1958 and the Magistrates' Court Act 1989 with respect to employment-related expenses of judges, masters and magistrates;

Courts and Tribunals Legislation (Amendment) Act 2000

s. 2 Act No. 1/2000

(b)	to amend the Magistrates' Court Act 1989 and the Judicial Remuneration Tribunal Act 1995 to give that tribunal jurisdiction in relation to the remuneration of acting magistrates;
(c)	to amend the Sentencing Act 1991 to remove the power of the Court of Appeal to direct that time spent in custody pending an appeal is not to be reckoned as a period of imprisonment already served;
(d)	to amend the Victorian Civil and Administrative Tribunal Act 1998 to provide for the internal promotion of tribunal members.

2. Commencement

(1) This Act, except Part 2, comes into operation on

the day after the day on which it receives the

Royal Assent.

(2) Part 2 comes into operation on 1 July 2000.

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Courts and Tribunals Legislation (Amendment) Act 2000

Act No. 1/2000 s. 3

PART 2—EMPLOYMENT-RELATED EXPENSES OF

JUDGES, MASTERS AND MAGISTRATES

No.

3. Constitution Act 1975 8750/1975.

(1) In section 80A of the Constitution Act 1975, for Reprint No. 13 as at

sub-section (6) substitute—	17 September 1998. Further
"(6) The following are to be paid out of the	amended by
Consolidated Fund, which is appropriated to	No. 24/1999.
the necessary extent—
(a)	the amounts payable under this section to Judges who make an election under sub-section (1) or are appointed under sub-section (3A); and
(b)	under the Accident Compensation

premiums and other amounts payable respect of those Judges; and

(c)	pay-roll tax payable under the Pay-roll Tax Act 1971 in respect of wages paid or payable to those Judges; and
(d)	tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to those Judges.".

(2) In section 82 of the Constitution Act 1975, for

sub-section (7) substitute—
"(7) The following are to be paid out of the

Consolidated Fund, which is appropriated to the necessary extent—

(a)	the salaries and allowances payable under this section; and
(b)	premiums and other amounts payable under the Accident Compensation

Courts and Tribunals Legislation (Amendment) Act 2000

s. 4	Act No. 1/2000
(WorkCover Insurance) Act 1993 in respect of the Judges of the Court; and

(c) pay-roll tax payable under the Pay-roll Tax Act 1971 in respect of wages paid or payable to the Judges of the Court;

and

(d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to the Judges of the Court.".

(3) In section 83A of the Constitution Act 1975, for

sub-section (4) substitute—
"(4) The following are to be paid out of the

Consolidated Fund, which is appropriated to the necessary extent—

(a)	the salaries and allowances payable under this section; and
(b)	under the Accident Compensation

premiums and other amounts payable respect of the masters; and

(c)	pay-roll tax payable under the Pay-roll Tax Act 1971 in respect of wages paid or payable to the masters; and
(d)	tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to the masters.".

No.

6230/1958.	4. County Court Act 1958
Reprint No. 9
as at 1 August	(1) In section 10 of the County Court Act 1958, for
1998. Further	sub-section (7) substitute—
amended by
No. 10/1999.	"(7) The following are to be paid out of the

Consolidated Fund, which is appropriated to the necessary extent—

Courts and Tribunals Legislation (Amendment) Act 2000

Act No. 1/2000 s. 4

(a)	the salaries and allowances payable under this section; and
(b)	under the Accident Compensation

premiums and other amounts payable respect of the judges; and

(c)	pay-roll tax payable under the Pay-roll Tax Act 1971 in respect of wages paid or payable to the judges; and
(d)	tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to the judges.".

(2) In section 13A of the County Court Act 1958,

for sub-section (6) substitute—
"(6) The following are to be paid out of the

Consolidated Fund, which is appropriated to the necessary extent—

(a)	the amounts payable under this section to judges who make an election under sub-section (1) or are appointed under sub-section (3A); and
(b)	under the Accident Compensation

premiums and other amounts payable respect of those judges; and

(c)	pay-roll tax payable under the Pay-roll Tax Act 1971 in respect of wages paid or payable to those judges; and
(d)	tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to those judges.".

Courts and Tribunals Legislation (Amendment) Act 2000

s. 5 Act No. 1/2000

(3) In section 17AA of the County Court Act 1958,

for sub-section (4) substitute—
"(4) The following are to be paid out of the

Consolidated Fund, which is appropriated to the necessary extent—

(a)	the salaries and allowances payable under this section; and
(b)	under the Accident Compensation

premiums and other amounts payable respect of the masters of the court; and

(c) pay-roll tax payable under the Pay-roll Tax Act 1971 in respect of wages paid or payable to the masters of the court;

and

(d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to the masters of the court.".

No. 51/1989.	5. Magistrates' Court Act 1989
Reprint No. 6
as at 1 July
1999. Further	(1) In Schedule 1 to the Magistrates' Court Act
amended by	1989, for clause 10 substitute—
No. 35/1999.
"10. The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent—

(a)	the salaries and allowances payable under this Part; and
(b)	Accident Compensation (WorkCover

premiums and other amounts payable under the magistrates; and

(c) superannuation benefits (within the meaning of the Pay-roll Tax Act 1971) payable in respect of the magistrates; and

Courts and Tribunals Legislation (Amendment) Act 2000

Act No. 1/2000	s. 5
(d)

pay-roll tax payable under the Pay-roll Tax the magistrates; and

(e) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to the magistrates.".

(2) In Schedule 1 to the Magistrates' Court Act

1989, for clause 12 substitute—

"12. The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent—

(a) the remuneration payable under this Part; and

(b) Accident Compensation (WorkCover

premiums and other amounts payable under the magistrates; and

(c)	superannuation benefits (within the meaning of the Pay-roll Tax Act 1971) payable in respect of acting magistrates; and
(d)

pay-roll tax payable under the Pay-roll Tax acting magistrates; and

(e) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to acting magistrates.".

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Courts and Tribunals Legislation (Amendment) Act 2000

s. 6 Act No. 1/2000

PART 3—REMUNERATION OF ACTING MAGISTRATES

6. Remuneration of acting magistrates

In Schedule 1 to the Magistrates' Court Act
1989, for clause 11 substitute—

"11. An acting magistrate, while undertaking the duties of a magistrate, is entitled to be paid—

(a)	remuneration at such rate or of such amount or of such kind as that to which he or she was entitled—
(i)	immediately before the commencement of section 6 of the Courts and Tribunals Legislation (Amendment) Act 2000; or

(ii) upon his or her appointment—

whichever is the later; or

(b) remuneration at such rate or of such amount or of such kind as is for the time being applicable pursuant to an adjustment certified by the

Attorney-General under the Judicial Remuneration Tribunal Act 1995.".

No. 22/1995

as amended	7. Consequential amendment of Judicial Remuneration
by No.	Tribunal Act 1995
46/1998.
(1) In section 1(b) of the Judicial Remuneration Tribunal Act 1995 after "persons" insert "and the remuneration of acting magistrates".
(2) After section 11(1) of the Judicial Remuneration

Tribunal Act 1995 insert—

"(1A) The Tribunal also has the function of

inquiring into, and reporting to the Attorney-
General on, the question whether any
adjustments are desirable in the
remuneration of acting magistrates.".

Courts and Tribunals Legislation (Amendment) Act 2000

Act No. 1/2000 s. 7

(3) In the Judicial Remuneration Tribunal Act

1995—

(a)	in section 13(2) after "office" insert "or the remuneration of an acting magistrate";
(b)

in section 15(1) after "allowances," (where remuneration,";

(c) in section 15(2) after "allowances" insert "or remuneration";

(d) Part 4 is repealed.

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Courts and Tribunals Legislation (Amendment) Act 2000

s. 8 Act No. 1/2000

PART 4—AMENDMENT OF SENTENCING ACT 1991

No. 49/1991.	8. Time held in custody pending appeal
Reprint No. 4
as at 1 July
1998. Further	In section 18 of the Sentencing Act 1991—
amended by
Nos 57/1998,	(a) sub-sections (1A) and (1B) are repealed;
10/1999,
19/1999 and	(b) in sub-section (2), paragraph (ca) is
35/1999.	repealed.

9. New section 121 substituted

For section 121 of the Sentencing Act 1991 substitute—

"121. Transitional provision—Courts and

Tribunals Legislation (Amendment) Act

2000

The amendments of this Act made by in relation to any application for leave to appeal determined on or after the commencement of that section, whether notice of the application was given before or after that commencement.".

section 8 of the Courts and Tribunals

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Courts and Tribunals Legislation (Amendment) Act 2000

Act No. 1/2000 s. 10

PART 5—INTERNAL PROMOTION OF VCAT MEMBERS

10. New section 16A inserted in Victorian Civil and No. 53/1998. Reprint No. 1

Administrative Tribunal Act 1998 as at 1 July
1999. Further

After section 16 of the Victorian Civil and	amended by
Administrative Tribunal Act 1998 insert—	No. 17/1999.

"16A. Internal promotion of Tribunal members

(1) The Governor in Council, on the

recommendation of the Minister, may

appoint—

(a)	a senior member of the Tribunal as a Deputy President;
(b)	an ordinary member of the Tribunal as a senior member—

for the remainder of the member's term of

office.

(2) The Minister may recommend the

appointment of a member under

sub-section (1) only if—

(a)	the member is eligible for appointment as a Deputy President or senior member, as the case requires; and
(b)	the President has recommended the appointment to the Minister.".

No. 52/1998

11. Repeal of spent transitional provision as amended
by No.

In Schedule 2 to the Tribunals and Licensing	101/1998.
Authorities (Miscellaneous Amendments) Act 1998, clause 6 is repealed.

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Courts and Tribunals Legislation (Amendment) Act 2000

Notes Act No. 1/2000

NOTES

†

Minister's second reading speech—

Legislative Assembly: 16 December 1999

Legislative Council: 15 March 2000

The long title for the Bill for this Act was "to amend the Constitution Act 1975, the County Court Act 1958, the Magistrates' Court Act 1989 and the Judicial Remuneration Tribunal Act 1995 with respect to

the remuneration and related expenses of judges, masters and magistrates, to repeal section 18(1A) and (1B) of the Sentencing Act 1991, to amend the Victorian Civil and Administrative Tribunal Act 1998 and for

other purposes."

Constitution Act 1975:

Absolute majorities:

Legislative Assembly: 2 March 2000

Legislative Council: 21 March 2000