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

Overview

The Law and Justice Legislation Amendment (New South Wales Local Court) Act 2026 (Cth) aims to address the transition from the existing office of Magistrate in New South Wales to the new office of Judge of the Local Court of New South Wales. Enacted by the Parliament of the Commonwealth of Australia, this legislation facilitates the necessary adjustments to existing Commonwealth arrangements to accommodate the changes introduced by the Local Court and Bail Legislation Amendment Act 2025 (NSW). The policy objective is to ensure a seamless continuation of judicial functions and responsibilities under the conferring Acts, despite the renaming and restructuring of the judicial offices, thereby maintaining the integrity and efficacy of legal processes in the state. This arrangement is intended to be implemented concurrently with the commencement of the Amendment Act or upon its signing by both the Commonwealth and the State of New South Wales, whichever occurs later.

Scope and Application

This arrangement pertains to the transfer of powers, duties, and functions from Magistrates of New South Wales to Judges of the Local Court of New South Wales under various Commonwealth Acts, including the Bankruptcy Act 1966 (Cth), Customs Act 1901 (Cth), Extradition Act 1988 (Cth), International War Crimes Tribunals Act 1995 (Cth), Marriage Act 1961 (Cth), and the Mutual Assistance in Criminal Matters Act 1987 (Cth). The arrangement is triggered by the Local Court and Bail Legislation Amendment Act 2025 (NSW) which abolishes the office of Magistrate and replaces it with the office of Judge of the Local Court of New South Wales. The Law and Justice Legislation Amendment (New South Wales Local Court) Act 2026 (Cth) allows for the amendment of existing arrangements to reflect this change, ensuring that references to Magistrates in the conferring Acts are read as references to Judges of the Local Court. This arrangement is effective upon the later of the commencement of the Amendment Act or the signing of the agreement by both the Commonwealth and New South Wales authorities, thereby ensuring a seamless transition of authority in line with legislative reforms.

Key Provisions

The main operative sections of this arrangement, as detailed in subitems 30(5) to 30(11) of Schedule 1 to the Law and Justice Legislation Amendment (New South Wales Local Court) Act 2026 (Cth), provide the legal framework for ensuring that references to Magistrates of New South Wales in existing arrangements between the Commonwealth and the State are to be read as references to Judges of the Local Court of New South Wales. This is particularly relevant in light of the Local Court and Bail Legislation Amendment Act 2025 (NSW), which abolishes the office of Magistrate and establishes the office of Judge of the Local Court of New South Wales. The effect of these subitems is to align the existing Commonwealth arrangements with the new legislative changes in New South Wales, ensuring that the roles and functions of those previously holding the office of Magistrate are seamlessly transferred to Judges of the Local Court. The obligations imposed by this arrangement are primarily on the Governors of the Commonwealth and the State of New South Wales, who are responsible for ensuring that the arrangements made under the conferring Acts are interpreted in accordance with the changes enacted by the Amendment Act. This means that any duties, powers, or functions previously assigned to Magistrates under Commonwealth legislation will now be assigned to Judges of the Local Court. Both Governors are tasked with the responsibility of ensuring that the transition is smooth and that all relevant parties are made aware of the changes. Additionally, any documents or records that refer to Magistrates must now be understood to refer to Judges of the Local Court, unless there is a clear contrary intention. Breaches of the provisions outlined in this arrangement could result in various civil or criminal consequences depending on the nature and severity of the non-compliance. Under the relevant conferring Acts, failure to adhere to the terms of the arrangements could lead to penalties as prescribed within those Acts. For example, under the Bankruptcy Act 1966 (Cth), failure to perform duties correctly could lead to civil penalties or even criminal charges, with the maximum penalties varying according to the specific offence. Similarly, under the Extradition Act 1988 (Cth), non-compliance could result in criminal penalties, including fines and imprisonment. The exact penalties would be determined by the specific Act under which the breach occurs, but they could include substantial fines and imprisonment terms that reflect the seriousness of the non-compliance.