Arrangement made between the Governor-General and the New South Wales Governor under item 30(2) of Schedule 1 to the Law and Justice Legislation Amendment (New South Wales Local Court) Act 2026

AN ARRANGEMENT BETWEEN:

HER EXCELLENCY THE GOVERNOR-GENERAL OF THE COMMONWEALTH OF AUSTRALIA, acting with the advice of the Federal Executive Council,

AND

HER EXCELLENCY THE GOVERNOR OF THE STATE OF NEW SOUTH WALES, acting with the advice of the Executive Council of the State of New South Wales.

WHEREAS:

1.             The Parliament of the Commonwealth has made provision for the Governor-General to make arrangements with the Governor of a State for the exercise or performance by persons who hold the office of Magistrate of that State of specified powers, duties or functions under various Commonwealth Acts, including under:
   1.        subsection 17B(1) of the Bankruptcy Act 1966 (Cth),
   2.       paragraph 11(1)(b) of the Customs Act 1901 (Cth),
   3.        paragraph 46(1)(a) of the Extradition Act 1988 (Cth),
   4.       subsection 82(1) of the International War Crimes Tribunals Act 1995 (Cth),
   5.        paragraph 9(1)(c) of the Marriage Act 1961 (Cth),
   6.         subsection 39(1) of the Mutual Assistance in Criminal Matters Act 1987 (Cth), and
   7.       any other Act that makes provision for such arrangements to be made in relation to persons who hold the office of Magistrate of that State (together the ‘conferring Acts’);
2.             The Governor-General and the Governor of the State of New South Wales have entered into arrangements for the purposes of the conferring Acts in relation to persons holding office as Magistrates of New South Wales;
3.             By the Local Court and Bail Legislation Amendment Act 2025 (NSW), the Parliament of the State of New South Wales will abolish the office of Magistrate, establish the office of Judge of the Local Court of New South Wales, and provide that, unless where contrary intention appears, a reference to a Magistrate in any document must be read as a reference to such a Judge;
4.             The Commonwealth and the State of New South Wales intend that the references to Magistrates of New South Wales in the arrangements that have been entered into for the purposes of the conferring Acts are to be read as references to Judges of the Local Court of New South Wales;
5.             Subitem 30(2) in Schedule 1 to the Law and Justice Legislation Amendment (New South Wales Local Court) Act 2026 (Cth) (the “Amendment Act”) provides that the Governor-General may make arrangements with the Governor of New South Wales with respect to the taking effect of subitems 30(5) to (11) in Schedule 1 to the Amendment Act;
6.             Subitems 30(5) to (11) provide that if an arrangement under subitem 30(2) is in force, then an arrangement made for the purposes of the conferring Acts between the Governor-General and the Governor of the State of New South Wales in relation to persons who hold office as Magistrates of New South Wales has effect as if it had been made in relation to persons who hold office as Judges of the Local Court of New South Wales.

IT IS ARRANGED AS FOLLOWS:

1.       Subitems 30(5) to (11) in Schedule 1 to the Amendment Act are to take effect.
2.       This arrangement is to come into force at the later of:
   1.        the time that the Amendment Act commences, or
   2.       the time when it has been signed for both the Commonwealth and the State of New South Wales.

DATED this 19th day of March 2026

SAM MOSTYN AC

Governor-General of the

Commonwealth of Australia

By Her Excellency’s Command

Michelle Rowland

Attorney-General of the

Commonwealth of Australia

MARGARET BEAZLEY AC KC

Governor of the

State of New South Wales

By Her Excellency’s Command

Michael Daley

Attorney General of the

State of New South Wales