1999
1999
2001-07-18
act
publicspecial
act.reprint
allinforce
2001-07-17
act-2001-056
none
act-1999-069
f11631b6-a052-4ab6-b021-d43e8e3efac5
b90425a9-0c6e-4b42-8693-c1ab51ab05c5
Note—
The Act was repealed by the Statute Law (Miscellaneous Provisions) Act 2001
No 56, Sch 4 with effect from 17.7.2001.
An Act to amend the Local
Courts Act 1982 to provide for the office of Magistrate to
be held on a part-time basis; to amend certain Acts consequentially; and for
other purposes.
1Name of
Act
This Act is the Local Courts
Amendment (Part-time Magistrates) Act
1999.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
3Amendment of Local Courts Act 1982 No
164
The Local Courts Act
1982 is amended as set out in Schedule
1.
4Consequential amendment of
other Acts
Each Act specified in Schedule 2 is amended as
set out in that Schedule.
Schedule 1Amendment of Local Courts Act
1982
(Section 3)
[1]Section 4
Definitions
Insert in alphabetical order in section 4
(1):
limited
tenure, in relation to the office of Magistrate, means a
limitation imposed on the office under section 13.
part-time
Magistrate means a person:
(a)
appointed to hold the office of Magistrate on a
part-time basis, or
(b)
exercising the functions of the office of
Magistrate on a part-time basis, as provided by an agreement referred to in
section 12A, or
(c)
who, in accordance with section 8 of the Liquor Act 1982, becomes a Magistrate on
becoming a licensing magistrate and who holds office as a licensing magistrate
on a part-time basis under section 8 (6) (b) of that
Act.
[2]Section 12 Appointment of, and
qualifications for, Magistrates
Insert after section 12 (4):
(5)
A person’s appointment as a Magistrate is
taken to be an appointment on a full-time basis unless the appointment is
expressed, in the commission by which the person was appointed, to be on a
part-time basis.
[3]Section
12A
Insert after section 12:
12APart-time
arrangements
A Magistrate, although not appointed on a
part-time basis, may, by agreement in writing entered into with the Chief
Magistrate, exercise the functions of the office of Magistrate on a part-time
basis.
[4]Sections 18 and
19
Omit the sections.
[5]Section 22 Conditions of
service generally
Insert at the end of section 22:
(2)
This section extends to the terms and conditions
to be included in any agreement referred to in section
12A.
[6]Section 23 Employment of
Magistrates in other offices etc
Omit section 23 (3) and (4). Insert
instead:
(3)
A Magistrate may not, however, practise as a
barrister or solicitor for fee, gain or reward, and no approval under
subsection (2) may be granted to permit it.
(4)
Subsection (1) does not prevent a person from
holding office as and exercising the functions of a Magistrate on a part-time
basis, but such a person must not, while so holding office:
(a)
accept or continue to hold or discharge the
duties of or be employed in any paid office in connection with any commercial
business, or
(b)
engage in or undertake any such business, whether
as principal or agent, or
(c)
engage in or continue in the private practice of
any profession, occupation or trade, or enter into any employment, whether
remunerated or not, with any person so engaged.
(5)
To the extent specified in the commission by
which the Magistrate was appointed, subsections (1) and (3) do not apply to a
Magistrate who has limited tenure.
[7]Schedule 1 Savings and
transitional provisions
Insert at the end of clause 8 (1):
Local Courts
Amendment (Part-time Magistrates) Act
1999
[8]Schedule 1, clause
10
Insert after clause 9 of Schedule 1:
10Remuneration of part-time
Magistrates
Until a relevant determination is made and takes
effect under the Statutory and Other Offices
Remuneration Act 1975, a part-time Magistrate is entitled
to be paid in accordance with the determination in force for the time being
for Magistrates, but on a pro rata basis (according to time spent in service),
as calculated by the Minister.
Schedule 2Consequential amendment of
other Acts
(Section 4)
2.1Children’s Court Act 1987 No
53
[1]Schedule 1 Provisions relating
to Children’s Magistrates
Insert after clause 2:
2AConditions of
service
A person holding office as Children’s
Magistrate is taken to hold the office on either a full-time or part-time
basis, according to whether the person holds the office of Magistrate on a
full-time or part-time basis under the Local Courts Act
1982.
[2]Schedule
2
Insert after Schedule 1:
Schedule 2Savings and transitional
provisions
1Regulations
(1)
The regulations may contain provisions of a
savings or transitional nature consequent on the enactment of the following
Acts:
Local Courts
Amendment (Part-time Magistrates) Act
1999
(2)
Any such provision may, if the regulations so
provide, take effect from the date of assent to the Act concerned or a later
date.
(3)
To the extent to which any such provision takes
effect from a date that is earlier than the date of its publication in the
Gazette, the provision does not operate so as:
(a)
to affect, in a manner prejudicial to any person
(other than the State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b)
to impose liabilities on any person (other than
the State or an authority of the State) in respect of anything done or omitted
to be done before the date of its publication.
2Remuneration of part-time
Children’s Magistrates
Until a relevant determination is made and takes
effect under the Statutory and Other Offices
Remuneration Act 1975, a Children’s Magistrate
holding office on a part-time basis is entitled to be paid in accordance with
the determination in force for the time being for Children’s
Magistrates, but on a pro rata basis (according to time spent in service), as
calculated by the Attorney General.
2.2Coroners Act 1980 No
27
[1]Section 5 Appointment of
coroners
Insert after section 5 (2):
(3)
A person holding office as coroner is taken to
hold the office on either a full-time or part-time basis, according to whether
the person holds the office of Magistrate on a full-time or part-time basis
under the Local Courts Act
1982.
[2]Schedule 3 Savings and
transitional provisions
Insert after clause 8:
9Remuneration of part-time
coroners
Until a relevant determination is made and takes
effect under the Statutory and Other Offices
Remuneration Act 1975, a coroner holding office on a
part-time basis is entitled to be paid in accordance with the determination in
force for the time being for coroners, but on a pro rata basis (according to
time spent in service), as calculated by the Attorney
General.
2.3Industrial Relations Act 1996 No
17
[1]Section 381 Appointment of
Chief and other Industrial Magistrates
Insert after section 381 (4):
(5)
A person holding office as Industrial Magistrate
is taken to hold the office on either a full-time or part-time basis,
according to whether the person holds the office of Magistrate on a full-time
or part-time basis under the Local Courts Act
1982.
[2]Schedule 4 Savings,
transitional and other provisions
Insert at the end of clause 2 (1):
Local Courts
Amendment (Part-time Magistrates) Act
1999
[3]Schedule 4, Part
7
Insert at the end of clause 39:
(2)
Until a relevant determination is made and takes
effect under the Statutory and Other Offices
Remuneration Act 1975, an Industrial Magistrate holding
office on a part-time basis is entitled to be paid in accordance with the
determination in force for the time being for Industrial Magistrates, but on a
pro rata basis (according to time spent in service), as calculated by the
Attorney General.
2.4Liquor
Act 1982 No 147
[1]Section 8 Appointment of
licensing magistrates
Insert after section 8 (5):
(6)
A person holding office as licensing magistrate
is taken to hold the office on a part-time basis:
(a)
if, immediately before being appointed to the
office, the person was a part-time Magistrate within the meaning of the
Local Courts Act 1982,
or
(b)
if the person became a Magistrate by virtue of
being appointed to the office and:
(i)
the person’s appointment as a licensing
magistrate is expressed, in the instrument by which the person is appointed,
to be on a part-time basis, or
(ii)
although not appointed on a part-time basis, the
person, by agreement in writing entered into with the Chief Magistrate,
exercises the functions of the office of licensing magistrate on a part-time
basis.
[2]Schedule 1 Savings and
transitional provisions
Insert at the end of clause 1 (1):
Local Courts
Amendment (Part-time Magistrates) Act
1999
[3]Schedule
1
Insert in Schedule 1 (with appropriate Part and
clause number):
PartLocal
Courts Amendment (Part-time Magistrates) Act
1999
Remuneration of part-time
licensing magistrates
Until a relevant determination is made and takes
effect under the Statutory and Other Offices
Remuneration Act 1975, a licensing magistrate holding
office on a part-time basis is entitled to be paid in accordance with the
determination in force for the time being for licensing magistrates, but on a
pro rata basis (according to time spent in service), as calculated by the
Attorney General.
2.5Mining
Act 1992 No 29
[1]Section 293 Appointment of
chief warden and wardens
Insert after section 293 (3):
(4)
A person holding office as warden is taken to
hold the office on either a full-time or part-time basis, according to whether
the person holds the office of Magistrate on a full-time or part-time basis
under the Local Courts Act
1982.
[2]Schedule 6 Savings,
transitional and other provisions
Insert at the end of clause 1 (1):
Local Courts
Amendment (Part-time Magistrates) Act
1999
Historical
notes
Table of amending
instruments
Local Courts
Amendment (Part-time Magistrates) Act 1999 No 69. Assented
to 30.11.1999. Date of commencement, 17.12.1999, sec 2 and GG No 141 of
17.12.1999, p 11905.