courts and other justice legislation amendment act 2013file/13-068a.docx · web viewcourts and...

Courts and Other Justice Legislation Amendment Act 2013

No. 68 of 2013

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 2

PART 2—AMENDMENT OF COURTS LEGISLATION 4

Division 1—Court Security Act 1980 4

3 Definitions 4

Division 2—Magistrates' Court Act 1989—Assessment and Referral Court List 5

4 Assessment and Referral Court List 55 Adjournment of proceeding in Assessment and Referral Court

List 56 Transfer of proceedings to and from Assessment and Referral

Court List 57 New clause 53 inserted into Schedule 8 6

53 Transitional—Courts and Other Justice Legislation Amendment Act 2013 6

Division 3—Magistrates' Court Act 1989—Bail Justices 6

8 New section 124AC inserted 6124AC Validation of acts and decisions of certain bail justices 6

Division 4—Supreme Court Act 1986 8

9 Restriction on appeals 810 New section 153 inserted 8


Division 5—County Court Act 1958 9

11 Provision for pensions to County Court judges and their partners 9

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PART 3—AMENDMENT OF OTHER JUSTICE LEGISLATION 10

Division 1—Births, Deaths and Marriages Registration Act 1996 10

12 Application to register change of adult's name 1013 Application to register change of child's name 1114 New section 64 inserted 12


Division 2—Legal Profession Act 2004 12

15 Legal Costs Committee 12

Division 3—Police Regulation Act 1958 13

16 Preliminary investigation 1317 Annual report of Chief Commissioner 13

Division 4—Terrorism (Community Protection) Act 2003 13

18 Review 13

Division 5—Amendment of other Acts—references to Federal Magistrates Court updated 14

19 Australian Crime Commission (State Provisions) Act 2003 14

20 Definitions—Co-operative Schemes (Administrative Actions) Act 2001 15

21 Definitions—Corporations (Administrative Actions) Act 2001 15

PART 4—REPEALS 16

Division 1—Courts Legislation (Neighbourhood Justice Centre) Act 2006 16

22 Courts Legislation (Neighbourhood Justice Centre) Act 2006 repealed 16

Division 2—Repeal of amending Act 16

23 Repeal of amending Act 16═══════════════

ENDNOTES 17

Courts and Other Justice Legislation Amendment Act 2013†

No. 68 of 2013

[Assented to 19 November 2013]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purposes

The main purposes of this Act are—

(a) to amend the Births, Deaths and Marriages Registration Act 1996 in relation to change of name applications;

(b) to amend the Court Security Act 1980 in relation to the definition of court premises;

Victoria

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(c) to amend the Legal Profession Act 2004 in relation to nominations to the Legal Costs Committee;

(d) to amend the Magistrates' Court Act 1989 in relation to the Assessment and Referral Court List and to validate the exercise of powers by bail justices;

(e) to amend the Police Regulation Act 1958 to update references to the Police Appeals Board and provide for the exercise of functions of that Board;

(f) to amend the Supreme Court Act 1986 in relation to appeals to the Court of Appeal to set aside statutory demands under the Corporations Act;

(g) to amend the Terrorism (Community Protection) Act 2003 to postpone a review of that Act;

(h) to repeal the Courts Legislation (Neighbourhood Justice Centre) Act 2006;

(i) to amend other Acts to update redundant references to the Federal Magistrates Court.

2 Commencement

(1) This Part, Divisions 3 and 4 of Part 3 and Part 4 come into operation on the day on which this Act receives the Royal Assent.

(2) Division 3 of Part 2 is taken to have come into operation on 1 August 2013.

(3) Subject to subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

Section Page

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s. 2

(4) If a provision referred to in subsection (3) does not come into operation before 1 October 2014, it comes into operation on that day.

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Section Page

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s. 2

PART 2—AMENDMENT OF COURTS LEGISLATION

Division 1—Court Security Act 1980

3 DefinitionsSee:Act No.9499.Reprint No. 3as at7 August 2013.LawToday:www.legislation.vic.gov.aus. 3

In section 2(1) of the Court Security Act 1980, for the definition of court premises substitute—

"court premises means—

(a) any premises occupied in connection with the operations of a court, including—

(i) the precincts and immediate environs of those premises, adjacent car parks, adjacent footpaths and laneways between or abutting court premises; and

(ii) court buildings and the exit and entry points and steps to those buildings; or

(b) any other place, limited to where a court is, for the time being, constituted and performing the functions or exercising the powers of that court or in connection with court operations, including any area in the immediate vicinity of that place;".

Part 4—Repeals

Courts and Other Justice Legislation Amendment Act 2013No. 68 of 2013

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Division 2—Magistrates' Court Act 1989—Assessment and Referral Court List

4 Assessment and Referral Court ListSee:Act No.51/1989.Reprint No. 17as at1 May 2013and amendingAct Nos51/1989, 51/2006, 12/2010, 30/2013, 31/2013, 32/2013 and 56/2015.LawToday:www.legislation.vic.gov.aus. 4

Section 4S(3)(a) of the Magistrates' Court Act 1989 is repealed.

Part 4—Repeals


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5 Adjournment of proceeding in Assessment and Referral Court List

(1) In section 4V(3)(a) of the Magistrates' Court Act 1989, before "approve" insert "subject to subsection (5),".

(2) After section 4V(4) of the Magistrates' Court Act 1989 insert—

"(5) The Court must take a formal plea from the accused before approving an individual support plan under subsection (3)(a).".

6 Transfer of proceedings to and from Assessment and Referral Court List

In section 4X(2) of the Magistrates' Court Act 1989—

(a) for "accused—" substitute "accused pleads not guilty.";

(b) paragraphs (a) and (b) are repealed.

7 New clause 53 inserted into Schedule 8

After clause 52 of Schedule 8 to the Magistrates' Court Act 1989 insert—

"53 Transitional—Courts and Other Justice Legislation Amendment Act 2013

(1) Despite the amendment of section 4V by the Courts and Other Justice Legislation Amendment Act 2013, section 4V, as in force immediately before the commencement of section 5 of that Act, continues to apply to a proceeding that is in the Assessment and Referral List immediately before that commencement.

(2) Despite the amendment of section 4X(2) by the Courts and Other Justice Legislation

s. 7Part 4—Repeals


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Amendment Act 2013, section 4X(2), as in force immediately before the commencement of section 6 of that Act, continues to apply to a proceeding that is in the Assessment and Referral List immediately before that commencement.".

Division 3—Magistrates' Court Act 1989—Bail Justices

8 New section 124AC inserted

After section 124AB of the Magistrates' Court Act 1989 insert—

"124AC Validation of acts and decisions of certain bail justices

(1) This section applies to any person whose appointment as a bail justice has expired under clause 46(1)(a) or (b) of Schedule 8.

(2) If, on or before 1 August 2013, a person to whom this section applies performed or purported to perform any act or made or purported to make any decision under this Act or any other Act (whether in purported exercise of a power to act as a bail justice appointed under section 120A or reappointed under section 120C or by virtue of holding the office of bail justice), that act or decision is not invalid, and is taken never to have been invalid, by reason only of—

(a) the expiry of the person's appointment under clause 46(1)(a) or (b) of Schedule 8, as the case requires; or

(b) the lack of appointment of the person as a bail justice under section 120A or the lack of reappointment as a bail justice under section 120C.

(3) Any act performed or purported to be performed or decision made or purported to



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be made on or before 1 August 2013 by a person to whom this section applies is taken to have, and always to have had, the same force and effect as it would have had if the person had been appointed as a bail justice under section 120A or reappointed as a bail justice under section 120C, as the case requires, when—

(a) the act was performed or purported to be performed; or

(b) the decision was made or purported to be made.".

Division 4—Supreme Court Act 1986

9 Restriction on appealsSee:Act No.110/1986.Reprint No. 7as at1 January 2011and amendingAct Nos110/1986, 50/2011, 26/2012, 68/2012, 80/2012 and 5/2013.LawToday:www.legislation.vic.gov.aus. 9

(1) After section 17A(3B) of the Supreme Court Act 1986 insert—

Part 4—Repeals


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"(3C) An order made by the Trial Division constituted by a Judge of the Court or constituted by an Associate Judge on an application under section 459G of the Corporations Act to set aside a statutory demand is not subject to appeal to the Court of Appeal except—

(a) by leave of the Court of Appeal; or

(b) by leave of the Judge of the Court or the Associate Judge constituting the Trial Division.".

(2) After section 17A(4B) of the Supreme Court Act 1986 insert—

"(4C) Subsection (4)(b) does not apply to an application referred to in subsection (3C).".

10 New section 153 inserted

After section 152 of the Supreme Court Act 1986 insert—


Section 17A(3C) does not apply in respect of an application under section 459G of the Corporations Act to set aside a statutory demand if the application was commenced before the commencement of section 9 of the Courts and Other Justice Legislation Amendment Act 2013.".

Division 5—County Court Act 1958

11 Provision for pensions to County Court judges and their partners

See:Act No.

Part 4—Repeals


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6230.Reprint No. 15as at1 May 2013and amendingAct Nos6230 and 28/2013.LawToday:www.legislation.vic.gov.aus. 11

In section 14(5)(ac)(i) of the County Court Act 1958 for "Federal Magistrates Court" substitute "Federal Circuit Court of Australia".

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Part 4—Repeals


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PART 3—AMENDMENT OF OTHER JUSTICE LEGISLATION

Division 1—Births, Deaths and Marriages Registration Act 1996

12 Application to register change of adult's nameSee:Act No.43/1996.Reprint No. 3as at1 July 2011.LawToday:www.legislation.vic.gov.aus. 12

For section 25(1) of the Births, Deaths and Marriages Registration Act 1996 substitute—

"(1) An adult person may apply to the Registrar in the approved form for registration of a change of the person's name if—

(a) the person's birth is registered in Victoria; or

(b) the person—

(i) was born outside Australia; and

(ii) is a person whose birth is not registered in Victoria or another State or a Territory; and

(iii) has been ordinarily resident in Victoria for at least 12 months immediately before the application is made.

(1A) The Registrar may waive the 12 month requirement under subsection (1)(b)(iii) if the Registrar is satisfied that—

Part 4—Repeals


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(a) the change of name is sought for the purpose of the protection of the applicant or a child of the applicant; or

(b) the applicant has legally married and wishes to change to the applicant's married name.".

13 Application to register change of child's name

For section 26(1) of the Births, Deaths and Marriages Registration Act 1996 substitute—

"(1) The parents of a child may apply to the Registrar in the approved form for registration of a change of the child's name if—

(a) the child's birth is registered in Victoria; or

(b) the child—

(i) was born outside Australia; and

(ii) is a child whose birth is not registered in Victoria or another State or a Territory; and

(iii) has been ordinarily resident in Victoria for at least 12 months immediately before the application is made.

(1A) The Registrar may waive the 12 month requirement under subsection (1)(b)(iii) if the Registrar is satisfied that—

(a) the change of name is sought for the purpose of the protection of the child, the applicant or another child of the applicant; or



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(b) the applicants have legally married and wish the child to change to the married name of both applicants.

(1B) The 12 month requirement under subsection (1)(b)(iii) is waived if the Court has approved the proposed change of name for a child under subsection (4).".

14 New section 64 inserted

After section 63 of the Births, Deaths and Marriages Registration Act 1996 insert—


(1) Despite the amendment of section 25 by the Courts and Other Justice Legislation Amendment Act 2013, section 25, as in force before the commencement of section 12 of that Act, continues to apply in respect of any application for a change of name made before that commencement.

(2) Despite the amendment of section 26 by the Courts and Other Justice Legislation Amendment Act 2013, section 26, as in force before the commencement of section 13 of that Act, continues to apply in respect of any application for a change of a child's name made before that commencement.".

Division 2—Legal Profession Act 2004

15 Legal Costs Committee

In section 3.4.25(1) of the Legal Profession Act 2004—

(a) in paragraph (a), after "Judge of the Supreme Court" insert ", Associate Judge of the

s. 14

See:Act No.99/2004.Reprint No. 4as at1 July 2011and amendingAct Nos36/2011, 15/2012, 20/2012 and 21/2012.LawToday:www.legislation.vic.gov.au

Part 4—Repeals


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Supreme Court or reserve Judge of the Supreme Court";

(b) in paragraph (ab), after "another judge of the County Court" insert ", associate judge of the County Court or reserve judge of the County Court".

Division 3—Police Regulation Act 1958

16 Preliminary investigationSee:Act No.6338.Reprint No. 15as at1 July 2013and amendingAct Nos77/2012 and 55/2013.LawToday:www.legislation.vic.gov.aus. 16

(1) In section 70(4) of the Police Regulation Act 1958, for "Chairperson of the Appeals" substitute "PRS".

(2) In section 70(5) of the Police Regulation Act 1958, for "Chairperson may give the extension if he or she" substitute "PRS Board may give the extension if it".

(3) After section 70(5) of the Police Regulation Act 1958 insert—

"(6) A function of the PRS Board under this section may be exercised by the President or a Deputy President.".

17 Annual report of Chief Commissioner

In section 86AB(1)(a) of the Police Regulation Act 1958, for "Appeals" substitute "PRS".

Part 4—Repeals


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Division 4—Terrorism (Community Protection) Act 2003

18 Review

In section 38(1) and (2) of the Terrorism (Community Protection) Act 2003, for "2013" substitute "2014".

Division 5—Amendment of other Acts—references to Federal Magistrates Court updated

See:Act No.52/2003.Reprint No. 1as at1 February 2008and amendingAct No.68/2009.LawToday:www.legislation.vic.gov.aus. 19

19 Australian Crime Commission (State Provisions) Act 2003

(1) In section 3(1) of the Australian Crime Commission (State Provisions) Act 2003—

(a) in the definition of Commonwealth body or person, for paragraph (j) substitute—

See:Act No.7/2003.Reprint No. 3as at1 March 2013.LawToday:www.legislation.vic.gov.au

Part 4—Repeals


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"(j) a Judge of the Federal Circuit Court of Australia;";

(b) the definition of Federal Magistrate is repealed;

(c) in the definition of issuing officer, for paragraph (c) substitute—

"(c) a Judge of the Federal Circuit Court of Australia;";

(d) insert the following definition—

"Judge of the Federal Circuit Court of Australia means a Judge (including the Chief Judge) who holds office under the Federal Circuit Court of Australia Act 1999 of the Commonwealth;".

(2) In section 35(1) of the Australian Crime Commission (State Provisions) Act 2003 for "Federal Magistrate" substitute "Judge of the Federal Circuit Court of Australia".

20 Definitions—Co-operative Schemes (Administrative Actions) Act 2001

In section 3 of the Co-operative Schemes (Administrative Actions) Act 2001, in the definition of Commonwealth authority, for "Federal Magistrates Court" substitute "Federal Circuit Court of Australia".

See:Act No.41/2001 and amending Act Nos 40/2003 and 110/2003.LawToday:www.legislation.vic.gov.au



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21 Definitions—Corporations (Administrative Actions) Act 2001

In section 3 of the Corporations (Administrative Actions) Act 2001, in the definition of Commonwealth authority, for "Federal Magistrates Court" substitute "Federal Circuit Court of Australia".

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See:Act No.42/2001.LawToday:www.legislation.vic.gov.au

Part 4—Repeals


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PART 4—REPEALS

Division 1—Courts Legislation (Neighbourhood Justice Centre) Act 2006

See:Act No.51/2006 as amended byAct Nos51/2009 and 29/2011.StatuteBook:www.legislation.vic.gov.aus. 22

22 Courts Legislation (Neighbourhood Justice Centre) Act 2006 repealed

The Courts Legislation (Neighbourhood Justice Centre) Act 2006 is repealed.

Division 2—Repeal of amending Act

23 Repeal of amending Act

This Act is repealed on 1 October 2015.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Part 4—Repeals


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ENDNOTES

Endnotes


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† Minister's second reading speech—

Legislative Assembly: 16 October 2013

Legislative Council: 31 October 2013

The long title for the Bill for this Act was "A Bill for an Act to amend the Births, Deaths and Marriages Registration Act 1996, the Court Security Act 1980, the Legal Profession Act 2004, the Magistrates' Court Act 1989, the Police Regulation Act 1958, the Supreme Court Act 1986 and the Terrorism (Community Protection) Act 2003, to repeal the Courts Legislation (Neighbourhood Justice Centre) Act 2006, to amend other Acts to update redundant references to the Federal Magistrates Court and for other purposes."

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