Law and Justice Legislation Amendment (New South Wales Local Court) Act 2026
No. 4, 2026
An Act to deal with consequential and transitional matters arising from the enactment of the Local Court and Bail Legislation Amendment Act 2025 of New South Wales, and for other purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Amendments
Part 1—Main amendments
Acts Interpretation Act 1901
Bankruptcy Act 1966
Customs Act 1901
Environment Protection and Biodiversity Conservation Act 1999
Excise Act 1901
Extradition Act 1988
Fair Work Act 2009
High Court of Australia Act 1979
Inspector‑General of Intelligence and Security Act 1986
International War Crimes Tribunals Act 1995
Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012
Marriage Act 1961
Mutual Assistance in Criminal Matters Act 1987
National Anti‑Corruption Commission Act 2022
Royal Commissions Act 1902
Part 2—Transitional provisions
Law and Justice Legislation Amendment (New South Wales Local Court) Act 2026
No. 4, 2026
An Act to deal with consequential and transitional matters arising from the enactment of the Local Court and Bail Legislation Amendment Act 2025 of New South Wales, and for other purposes
[Assented to 5 March 2026]
The Parliament of Australia enacts:
1 Short title
This Act is the Law and Justice Legislation Amendment (New South Wales Local Court) Act 2026.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this Act | At the same time as item 1 of Schedule 1 to the Local Court and Bail Legislation Amendment Act 2025 (NSW) commences. However, the provisions do not commence at all if that item does not commence. | 28 March 2026 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Part 1—Main amendments
Acts Interpretation Act 1901
1 Section 16BA
After “acting Judge, of”, insert “the Local Court of New South Wales or of”.
2 Subsection 16C(3)
After “acting Judge, of”, insert “the Local Court of New South Wales or of”.
Bankruptcy Act 1966
3 Subsection 5(1) (after paragraph (a) of the definition of magistrate)
Insert:
(aa) a person who holds office as a Judge of the Local Court of New South Wales, being a person in respect of whom an arrangement under subsection 17B(1A) applies; or
4 Section 17B (heading)
Omit “Northern Territory”, substitute “certain”.
5 After subsection 17B(1)
Insert:
(1A) The Governor‑General may arrange with the Governor of New South Wales for the performance of the functions of a magistrate under this Act by all or any of the persons who from time to time hold office as Judges of the Local Court of New South Wales.
Customs Act 1901
6 Subsection 4(1) (paragraph (b) of the definition of Division 1B Magistrate)
After “State”, insert “(other than New South Wales)”.
7 Subsection 4(1) (after paragraph (b) of the definition of Division 1B Magistrate)
Insert:
(ba) a Judge of the Local Court of New South Wales to whom an appropriate arrangement under subsection 11(1A) applies; or
8 After subsection 11(1)
Insert:
(1A) The Governor‑General may make arrangements with the Governor of New South Wales for the performance by all or any of the persons who from time to time hold office as Judges of the Local Court of that State of the functions of a Magistrate under Subdivision C of Division 1B of Part XII.
9 After subsection 219ZL(3)
Insert:
(3AA) A Judge, or acting Judge, of the Local Court of New South Wales performing a function of, or connected with, issuing a warrant or giving an order under this Part has the same protection and immunity as if he or she were performing that function as that Local Court or as a Judge of that Local Court.
Environment Protection and Biodiversity Conservation Act 1999
10 Section 528 (definition of magistrate)
After “acting Judge, of”, insert “the Local Court of New South Wales or of”.
Excise Act 1901
11 Section 107AA (definition of magistrate)
After “acting Judge, of”, insert “the Local Court of New South Wales or of”.
Extradition Act 1988
12 Section 5 (after paragraph (b) of the definition of magistrate)
Insert:
(ba) a Judge, or an acting Judge, of the Local Court of New South Wales in relation to whom an arrangement is in force under section 46; or
13 After paragraph 46(1)(a)
Insert:
(aa) arrange with the Governor of New South Wales for the performance, by all or any of the persons who from time to time hold office as Judges of the Local Court of New South Wales, of the functions of a magistrate under this Act; or
Fair Work Act 2009
14 Section 12 (after paragraph (b) of the definition of magistrates court)
Insert:
(ba) the Local Court of New South Wales; or
High Court of Australia Act 1979
15 Paragraph 7(a)
After “acting Judge of”, insert “the Local Court of New South Wales or of”.
Inspector‑General of Intelligence and Security Act 1986
16 Subsection 3(1) (paragraph (a) of the definition of Judge)
After “acting Judge of”, insert “the Local Court of New South Wales or of”.
International War Crimes Tribunals Act 1995
17 Section 4 (paragraph (b) of the definition of magistrate)
After “other than”, insert “New South Wales or”.
18 Section 4 (after paragraph (b) of the definition of magistrate)
Insert:
(ba) a Judge, or an acting Judge, of the Local Court of New South Wales in respect of whom an arrangement under section 82 is in force; or
19 After subsection 82(3)
Insert:
(3A) For the purposes of the application of this section in relation to New South Wales, references to persons who hold office as magistrates of a State are taken to be references to persons who hold office as Judges of the Local Court of New South Wales.
Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012
20 Section 7 (paragraph (b) of the definition of Commonwealth or State judicial officer)
After “acting Judge of”, insert “the Local Court of New South Wales or of”.
Marriage Act 1961
21 Subsection 5(1) (paragraph (b) of the definition of Judge)
After “applicable”, insert “(other than a Judge, or acting Judge, of the Local Court of New South Wales)”.
22 Subsection 5(1) (after paragraph (a) of the definition of magistrate)
Insert:
(aa) in relation to New South Wales—a person who holds office as a Judge, or acting Judge, of the Local Court of New South Wales and in respect of whom an appropriate arrangement in force under section 9 is applicable; and
23 Subsection 5(1) (paragraph (b) of the definition of magistrate)
Repeal the paragraph, substitute:
(b) in relation to a Territory—a person who holds office as:
(i) a Chief, Police, Stipendiary, Resident or Special Magistrate of the Territory; or
(ii) a Judge, or acting Judge, of a Local Court of the Territory.
24 After subsection 9(1)
Insert:
(1A) The Governor‑General may make arrangements with the Governor of New South Wales for the performance by all or any of the persons who from time to time hold office as Judges, or acting Judges, of the Local Court of New South Wales of all or any of the functions of a magistrate under this Act.
Mutual Assistance in Criminal Matters Act 1987
25 Subsection 3(1) (paragraph (a) of the definition of Magistrate)
After “other than”, insert “New South Wales or”.
26 Subsection 3(1) (after paragraph (a) of the definition of Magistrate)
Insert:
(aaa) a Judge, or an acting Judge, of the Local Court of New South Wales in respect of whom an arrangement under section 39 is in force; or
National Anti‑Corruption Commission Act 2022
27 Subsection 112(5)
After “acting Judge, of”, insert “the Local Court of New South Wales or of”.
Royal Commissions Act 1902
28 Paragraph 4(6)(b)
After “acting Judge, of”, insert “the Local Court of New South Wales or of”.
Part 2—Transitional provisions
29 Application provision
The amendments of the Acts Interpretation Act 1901 made by this Schedule apply in relation to Acts enacted before, on or after the commencement of this item.
30 Arrangements—transitional provisions
Arrangements in relation to the operation of this item
(1) Subitems (5) to (11) have effect only if an arrangement under subitem (2) is in force.
(2) The Governor‑General may make a written arrangement with the Governor of New South Wales that subitems (5) to (11) are to have effect.
(3) The Minister must cause to be published in the Gazette a copy of an arrangement under subitem (2).
(4) The validity of the performance of a function or duty, or the exercise of a power, is not affected by the absence of an arrangement under subitem (2) covering the performance of the function or duty or exercise of the power.
Arrangements under the Bankruptcy Act
(5) An arrangement made under subsection 17B(1) of the Bankruptcy Act 1966 between the Governor‑General and the Governor of New South Wales in relation to persons who hold office as Magistrates of New South Wales that was in effect immediately before the commencement of this subitem continues in effect (and may be dealt with) on and after that commencement as if it were an arrangement made under subsection 17B(1A) of that Act in relation to persons who hold office as Judges of the Local Court of New South Wales.
Arrangements under the Customs Act
(6) An arrangement made under paragraph 11(1)(b) of the Customs Act 1901 between the Governor‑General and the Governor of New South Wales in relation to persons who hold office as Magistrates of New South Wales that was in effect immediately before the commencement of this subitem continues in effect (and may be dealt with) on and after that commencement as if it were an arrangement made under subsection 11(1A) of that Act in relation to persons who hold office as Judges of the Local Court of New South Wales.
Arrangements under the Extradition Act
(7) If an arrangement in relation to persons who hold office as magistrates of New South Wales for the purposes of subsection 46(1) of the Extradition Act 1988 was in force immediately before the commencement of this subitem, the arrangement has effect, after that commencement, as if it had been made in relation to persons who hold office as Judges of the Local Court of New South Wales.
Arrangements under the International War Crimes Tribunals Act
(8) If an arrangement in relation to persons who hold office as magistrates of New South Wales for the purposes of section 82 of the International War Crimes Tribunals Act 1995 was in force immediately before the commencement of this subitem, the arrangement has effect, after that commencement, as if it had been made in relation to persons who hold office as Judges of the Local Court of New South Wales.
Arrangements under the Marriage Act
(9) If an arrangement in relation to persons who hold office as magistrates of New South Wales for the purposes of section 9 of the Marriage Act 1961 was in force immediately before the commencement of this subitem, the arrangement has effect, after that commencement, as if it had been made in relation to persons who hold office as Judges of the Local Court of New South Wales.
Arrangements under the Mutual Assistance in Criminal Matters Act
(10) If an arrangement in relation to persons who hold office as Magistrates of New South Wales for the purposes of subsection 39(1) of the Mutual Assistance in Criminal Matters Act 1987 was in force immediately before the commencement of this subitem, the arrangement has effect, after that commencement, as if it had been made in relation to persons who hold office as Judges of the Local Court of New South Wales.
Other arrangements to which the Commonwealth is a party
(11) If:
(a) any other arrangement was in force immediately before the commencement of this subitem; and
(b) the arrangement was made in relation to persons who held office as magistrates of New South Wales; and
(c) the Commonwealth is a party to the arrangement;
the arrangement has effect, after that commencement, as if had been made in relation to persons who hold office as Judges of the Local Court of New South Wales.
[Minister’s second reading speech made in—
House of Representatives on 4 February 2026
Senate on 2 March 2026]
(8/26)