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New South Wales
Courts and Crimes Legislation Further
Amendment Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendments 2
4 Repeal of Wardens' Courts Rules 1992 2
5 Repeal of Act 2
Schedule 1 Amendment of Administrative Decisions Tribunal Act
1997 No 76 3
Schedule 2 Amendment of Bail Act 1978 No 161 4
Schedule 3 Amendment of Births, Deaths and Marriages Registration
Act 1995 No 62 6
Schedule 4 Amendment of Confiscation of Proceeds of Crime Act
1989 No 90 8
Schedule 5 Amendment of Crimes Act 1900 No 40 9
Schedule 6 Amendment of Criminal Appeal Act 1912 No 16 10
Schedule 7 Amendment of Criminal Procedure Act 1986 No 209 12
Schedule 8 Amendment of Crown Prosecutors Act 1986 No 208 14
Schedule 9 Amendment of Drug Court Act 1998 No 150 16
b2008-087-32.d19
Courts and Crimes Legislation Further Amendment Bill 2008
Contents
Page
Schedule 10 Amendment of Dust Diseases Tribunal Act 1989 No 63 17
Schedule 11 Amendment of Evidence Act 1995 No 25 18
Schedule 12 Amendment of Evidence Amendment Act 2007 No 46 19
Schedule 13 Amendment of Industrial Relations Act 1996 No 17 20
Schedule 14 Amendment of Land and Environment Court Act
1979 No 204 21
Schedule 15 Amendment of Local Courts Act 1982 No 164 26
Schedule 16 Amendment of Mental Health Act 2007 No 8 27
Schedule 17 Amendment of Mental Health (Criminal Procedure)
Act 1990 No 10 33
Schedule 18 Amendment of Mental Health Legislation Amendment
(Forensic Provisions) Act 2008 No 79 34
Schedule 19 Amendment of Mining Act 1992 No 29 35
Schedule 20 Amendment of Mining Amendment Act 2008 No 19 53
Schedule 21 Amendment of Miscellaneous Acts (Local Court)
Amendment Act 2007 No 94 56
Schedule 22 Amendment of Petroleum (Onshore) Act 1991 No 84 57
Schedule 23 Amendment of Pharmacy Practice Act 2006 No 59 63
Schedule 24 Amendment of Protected Estates Act 1983 No 179 64
Schedule 25 Amendment of Public Defenders Act 1995 No 28 66
Schedule 26 Amendment of Supreme Court Act 1970 No 52 68
Schedule 27 Amendment of Surveillance Devices Act 2007 No 64 69
Schedule 28 Amendment of Young Offenders Act 1997 No 54 70
Schedule 29 Amendment of other Acts and instruments consequent on
abolition of Wardens' Courts 71
Contents page 2
New South Wales
Courts and Crimes Legislation Further
Amendment Bill 2008
No , 2008
A Bill for
An Act to amend various Acts in relation to courts, crimes and civil and criminal
procedure.
Clause 1 Courts and Crimes Legislation Further Amendment Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Courts and Crimes Legislation Further Amendment 3
Act 2008. 4
2 Commencement 5
(1) This Act commences on the date of assent to this Act, except as 6
provided by this section. 7
(2) Section 4, and Schedules 4, 14 [1][8] and [10][15], 16, 17, 19, 22, 24 8
and 29, commence on a day or days to be appointed by proclamation. 9
(3) Schedule 7 [11] commences on: 10
(a) the date of assent to this Act, or 11
(b) the date of commencement of Schedule 1.11 [21] to the Crimes 12
and Courts Legislation Amendment Act 2006, 13
whichever is the later. 14
(4) Schedule 11 commences on: 15
(a) the date of assent to this Act, or 16
(b) the date of commencement of Schedule 1 [81] to the Evidence 17
Amendment Act 2007, 18
whichever is the later. 19
3 Amendments 20
The Acts specified in Schedules 129 are amended as set out in those 21
Schedules. 22
4 Repeal of Wardens' Courts Rules 1992 23
The Wardens' Courts Rules 1992 are repealed. 24
5 Repeal of Act 25
(1) This Act is repealed on the day following the day on which all of the 26
provisions of this Act have commenced. 27
(2) The repeal of this Act does not, because of the operation of section 30 28
of the Interpretation Act 1987, affect any amendment made by this Act. 29
Page 2
Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Administrative Decisions Tribunal Act 1997 No 76 Schedule 1
Schedule 1 Amendment of Administrative Decisions 1
Tribunal Act 1997 No 76 2
(Section 3) 3
Section 14 Judicial officers acting as members of Tribunal 4
Insert in alphabetical order in section 14 (5): 5
judicial officer includes a retired judicial officer. 6
Page 3
Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 2 Amendment of Bail Act 1978 No 161
Schedule 2 Amendment of Bail Act 1978 No 161 1
(Section 3) 2
[1] Section 9D Repeat offenders--serious personal violence offences 3
Omit "35 (2)" from paragraph (a) of the definition of serious personal 4
violence offence in section 9D (4). 5
Insert instead "35 (1) or (3)". 6
[2] Section 22A Power to refuse to hear bail application 7
Omit "by a court" from section 22A (1). Insert instead "by the court". 8
[3] Section 22A (5) 9
Omit "to a court". Insert instead "to the court". 10
[4] Section 22A (7) 11
Insert after section 22A (6): 12
(7) In this section, a reference to a court, in relation to a Local Court, 13
includes a reference to any other Local Court. 14
[5] Section 45 15
Omit the section. Insert instead: 16
45 Review of bail decisions 17
(1) Subject to this Division: 18
(a) the Supreme Court may review any decision in relation to 19
bail of any authorised officer, magistrate or authorised 20
justice, and 21
(b) the Court of Criminal Appeal may review any decision in 22
relation to bail of the District Court, Land and 23
Environment Court, Industrial Relations Commission in 24
Court Session or Supreme Court (however constituted). 25
(2) The power to review a decision pursuant to this section may be 26
exercised whether or not any power to do so pursuant to section 27
44 has been, or has been sought to be, exercised. 28
(3) Notwithstanding subsection (1), a Judge of the Court of Criminal 29
Appeal sitting alone may not, under that subsection, review a 30
decision of the Supreme Court (however constituted), unless the 31
rules made under the Supreme Court Act 1970 so provide. 32
Page 4
Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Bail Act 1978 No 161 Schedule 2
[6] Section 46 Power of Court of Criminal Appeal to review 1
Omit the section. 2
[7] Schedule 1 Savings and transitional provisions 3
Insert after Part 20: 4
Part 21 Courts and Crimes Legislation Further 5
Amendment Act 2008 6
39 Section 9D: serious personal violence offences--offences relating 7
to grievous bodily harm or wounding in company 8
(1) Section 9D, as amended by the Courts and Crimes Legislation 9
Further Amendment Act 2008, extends to an offence against 10
section 35 (1) or (3) of the Crimes Act 1900 committed on or after 11
the commencement of Schedule 1 [7] to the Crimes Amendment 12
Act 2007. 13
(2) Section 9D, as in force immediately before it was amended by the 14
Courts and Crimes Legislation Further Amendment Act 2008, 15
continues to apply to an offence against section 35 (2) of the 16
Crimes Act 1900 committed before the commencement of 17
Schedule 1 [7] to the Crimes Amendment Act 2007. 18
40 Pending appeals 19
A review under section 45 or 46 of a decision in relation to bail 20
that was commenced before the date of commencement of 21
Schedule 2 to the Courts and Crimes Legislation Further 22
Amendment Act 2008, but not determined before that date, is to 23
be determined as if that Act had not been enacted. 24
Page 5
Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 3 Amendment of Births, Deaths and Marriages Registration Act 1995 No 62
Schedule 3 Amendment of Births, Deaths and 1
Marriages Registration Act 1995 No 62 2
(Section 3) 3
[1] Section 4 Definitions 4
Insert in alphabetical order in section 4 (1): 5
birth certificate means a certificate issued under section 49 as to 6
the particulars contained in an entry in the Register in relation to 7
a person's birth. 8
[2] Section 19 Orders for registration of birth or inclusion of registrable 9
information 10
Insert after section 19 (1): 11
(1A) Such an order may only be made in respect of a birth: 12
(a) in the case of an order under subsection (1) (a), if the birth 13
occurred in the State, in an aircraft during a flight to an 14
airport in the State or on a ship during a voyage to a port in 15
the State, and 16
(b) in the case of an order under subsection (1) (b), if the birth 17
has been registered under this Act. 18
[3] Section 25A 19
Insert after section 25: 20
25A Issuing birth certificates to adopted persons 21
(1) After a person's adoption is registered under this Part, a birth 22
certificate issued by the Registrar for the person must contain the 23
relevant information recorded in the Register pursuant to section 24
24 (2) in place of the corresponding information recorded in the 25
Register pursuant to section 17 (1). 26
(2) In particular, a birth certificate for an adopted person must not 27
include any information that indicates that he or she has been 28
adopted. 29
(3) This section applies whether or not the person's birth has been 30
registered under this Act. 31
[4] Section 32A Definitions 32
Omit the definition of birth certificate. 33
Page 6
Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Births, Deaths and Marriages Registration Act 1995 No 62 Schedule 3
[5] Section 49 Issue of certificate 1
Insert "and authorised to do so under the Adoption Act 2000," after 2
"applicant," in section 49 (4). 3
[6] Section 49 (5) 4
Omit the subsection and the note to the subsection. 5
[7] Schedule 3 Savings, transitional and other provisions 6
Insert after Part 4: 7
Part 5 Provisions consequent on enactment of 8
Courts and Crimes Legislation Further 9
Amendment Act 2008 10
18 Orders for registration under section 19 11
The Registrar is not obliged to comply with an order under 12
section 19 (1) (a) made before the commencement of section 19 13
(1A), as inserted by the Courts and Crimes Legislation Further 14
Amendment Act 2008, if such an order could not have lawfully 15
been made after that commencement. 16
19 Validation of previously issued birth certificates 17
Anything that has been done or omitted to be done by the 18
Registrar at any time before the commencement of section 25A 19
(as inserted by the Courts and Crimes Legislation Further 20
Amendment Act 2008), and that would have been validly done or 21
omitted had section 25A then been in force, is taken to have been 22
validly done or omitted. 23
Page 7
Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 4 Amendment of Confiscation of Proceeds of Crime Act 1989 No 90
Schedule 4 Amendment of Confiscation of Proceeds 1
of Crime Act 1989 No 90 2
(Section 3) 3
[1] Section 45A Contravention of restraining orders 4
Omit "Supreme Court" from section 45A (1). 5
Insert instead "court that is dealing with the offence". 6
[2] Section 74 Proceedings for offences 7
Omit "$10,000" wherever occurring in section 74 (2) and (3). 8
Insert instead "the jurisdictional limit of the Local Court". 9
[3] Section 74 (5) 10
Insert after section 74 (4): 11
(5) In this section, the jurisdictional limit of the Local Court means 12
the jurisdictional limit of a Local Court sitting in its General 13
Division, within the meaning of the Local Courts Act 1982. 14
[4] Schedule 1 Savings, transitional and other provisions 15
Insert after Part 2: 16
Part 3 Provision consequent on enactment of 17
Courts and Crimes Legislation Further 18
Amendment Act 2008 19
7 Proceedings for offences 20
Section 74, as amended by Schedule 4 to the Courts and Crimes 21
Legislation Further Amendment Act 2008, extends to 22
proceedings commenced before the commencement of that 23
Schedule. 24
Page 8
Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Crimes Act 1900 No 40 Schedule 5
Schedule 5 Amendment of Crimes Act 1900 No 40 1
(Section 3) 2
[1] Section 154A Taking a conveyance without consent of owner 3
Insert "tank or other military vehicle," after "bicycle," in section 154A (2). 4
[2] Section 195 Destroying or damaging property 5
Insert after section 195 (1): 6
(1A) A person who, in the company of another person or persons, 7
intentionally or recklessly destroys or damages property 8
belonging to another or to that person and another is liable: 9
(a) to imprisonment for 6 years, or 10
(b) if the destruction or damage is caused by means of fire or 11
explosives, to imprisonment for 11 years. 12
Page 9
Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 6 Amendment of Criminal Appeal Act 1912 No 16
Schedule 6 Amendment of Criminal Appeal Act 1912 1
No 16 2
(Section 3) 3
[1] Section 5AF Appeals by offenders against sentences imposed by the 4
Drug Court 5
Omit section 5AF (1). Insert instead: 6
(1) Section 5AA applies to and in respect of a person sentenced by 7
the Drug Court in relation to a sentence imposed by the Drug 8
Court: 9
(a) in the exercise of its jurisdiction under section 7D, 7E or 10
12 of the Drug Court Act 1998, or 11
(b) in the exercise under section 24 (1) (a) of the Drug Court 12
Act 1998 of the criminal jurisdiction of the District Court, 13
or 14
(c) in the exercise under section 24 (1) (b) of the Drug Court 15
Act 1998 of the criminal jurisdiction of a Local Court, 16
in the same way as it applies to a person referred to in section 17
5AA (1). 18
[2] Section 5AF (3) (a) 19
Omit "in relation to an appeal under subsection (1) (a)". 20
Insert instead "in relation to an appeal against a sentence for an indictable 21
offence". 22
[3] Section 5AF (3) (b) 23
Omit "in relation to an appeal under subsection (1) (b)". 24
Insert instead "in relation to an appeal against a sentence for a summary 25
offence". 26
[4] Section 5DC Appeals by Crown against sentences imposed by Drug 27
Court 28
Omit section 5DC (1). Insert instead: 29
(1) The Attorney General or the Director of Public Prosecutions may 30
appeal to the Court of Criminal Appeal against a sentence 31
imposed by the Drug Court: 32
(a) in the exercise of its jurisdiction under section 7D, 7E or 33
12 of the Drug Court Act 1998, or 34
Page 10
Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Criminal Appeal Act 1912 No 16 Schedule 6
(b) in the exercise under section 24 (1) (a) of the Drug Court 1
Act 1998 of the criminal jurisdiction of the District Court, 2
or 3
(c) in the exercise under section 24 (1) (b) of the Drug Court 4
Act 1998 of the criminal jurisdiction of a Local Court. 5
[5] Section 5DC (2) (a) 6
Omit "in relation to an appeal under subsection (1) (a)". 7
Insert instead "in relation to an appeal against a sentence for an indictable 8
offence". 9
[6] Section 5DC (2) (b) 10
Omit "in relation to an appeal under subsection (1) (b)". 11
Insert instead "in relation to an appeal against a sentence for a summary 12
offence". 13
[7] Schedule 1 Savings and transitional provisions 14
Insert after clause 13: 15
14 Courts and Crimes Legislation Further Amendment Act 2008 16
An amendment made to this Act by Schedule 6 to the Courts and 17
Crimes Legislation Further Amendment Act 2008 extends to a 18
sentence imposed before the commencement of the amendment 19
but does not apply to any appeal proceedings commenced before 20
the commencement of the amendment. 21
Page 11
Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 7 Amendment of Criminal Procedure Act 1986 No 209
Schedule 7 Amendment of Criminal Procedure Act 1
1986 No 209 2
(Section 3) 3
[1] Section 170 Application 4
Omit "24" from section 170 (2). Insert instead "2 and 3". 5
[2] Section 170 (2A) 6
Insert after section 170 (2): 7
(2A) Part 4 applies to the following proceedings: 8
(a) proceedings before a Local Court, 9
(b) proceedings before the District Court, 10
(c) proceedings before the Supreme Court, 11
(d) proceedings before an Industrial Magistrate, 12
(e) proceedings before a Warden's Court, 13
(f) any other proceedings prescribed by the regulations. 14
[3] Section 222 Issue of subpoenas 15
Insert "and served" after "filed" in section 222 (2). 16
[4] Section 236 Form of arrest warrant 17
Insert "Judge," before "Magistrate" in section 236 (2) (c). 18
[5] Section 236 (4) 19
Insert "Judge or" before "Magistrate". 20
[6] Section 239 Procedure after arrest 21
Insert "a Judge," before "a Magistrate". 22
[7] Section 240 Revocation of warrants 23
Insert "Judge," before "Magistrate" wherever occurring in section 240 (1). 24
[8] Section 240 (2) 25
Omit the subsection. Insert instead: 26
(2) A Judge, Magistrate or authorised officer may revoke a warrant 27
even though it was issued by another Judge, Magistrate or 28
authorised officer. A Magistrate may not revoke a warrant issued 29
by a Judge. An authorised officer may not revoke a warrant 30
issued by a Judge or Magistrate. 31
Page 12
Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Criminal Procedure Act 1986 No 209 Schedule 7
[9] Section 242 Forms of warrant of commitment 1
Insert "Judge or" before "Magistrate" in section 242 (4). 2
[10] Schedule 1 Indictable offences triable summarily 3
Insert after Item 16B in Part 3 of Table 1 to Schedule 1: 4
16C False imprisonment 5
The common law offence of false imprisonment. 6
[11] Schedule 2 Savings, transitional and other provisions 7
Insert "and any such warrant expires at the end of 20 years from the date of 8
issue" after "provisions" in clause 53. 9
[12] Schedule 2, Part 18 10
Insert after Part 17: 11
Part 18 Provisions consequent on enactment of 12
Courts and Crimes Legislation Further 13
Amendment Act 2008 14
61 Proceedings for offences 15
Section 170, as amended by Schedule 7 to the Courts and Crimes 16
Legislation Further Amendment Act 2008, does not apply to 17
proceedings commenced before the commencement of that 18
Schedule. 19
Page 13
Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 8 Amendment of Crown Prosecutors Act 1986 No 208
Schedule 8 Amendment of Crown Prosecutors Act 1
1986 No 208 2
(Section 3) 3
[1] Section 9 4
Omit the section. Insert instead: 5
9 Vacation of office 6
(1) A Crown Prosecutor vacates office if he or she: 7
(a) dies, or 8
(b) resigns the office by instrument in writing addressed to the 9
Governor, or 10
(c) reaches the age of 65 years, or 11
(d) ceases to be an Australian lawyer, or 12
(e) is removed from office by the Governor under subsection 13
(2), (3) or (4). 14
(2) A Crown Prosecutor who fails, without reasonable excuse, to 15
comply with section 10 is to be removed from office by the 16
Governor. 17
(3) The Governor may remove a Crown Prosecutor from office for 18
incapacity, incompetence, misbehaviour or unsatisfactory 19
performance. 20
(4) The Governor may also remove a Crown Prosecutor from office 21
if the Crown Prosecutor: 22
(a) becomes bankrupt, applies to take the benefit of any law 23
for the relief of bankrupt or insolvent debtors, compounds 24
with his or her creditors or makes an assignment of his or 25
her remuneration for their benefit, or 26
(b) becomes a mentally incapacitated person, or 27
(c) absents himself or herself from duty for 14 days (whether 28
or not wholly or partly consecutive) in any period of 12 29
months, except on leave granted by the Attorney General 30
or unless the absence is occasioned by illness or other 31
unavoidable cause, or 32
(d) is convicted in New South Wales of an offence that is 33
punishable by imprisonment for 12 months or more, or 34
(e) is convicted elsewhere than in New South Wales of an 35
offence that if committed in New South Wales would be an 36
offence so punishable. 37
Page 14
Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Crown Prosecutors Act 1986 No 208 Schedule 8
(5) Anything done or purporting to have been done by a Crown 1
Prosecutor after he or she reaches the age of 65 years is 2
nevertheless as valid as if he or she had not reached that age. 3
(6) In this section, Crown Prosecutor includes the Senior Crown 4
Prosecutor and a Deputy Senior Crown Prosecutor. 5
[2] Section 9A 6
Insert before section 10: 7
9A Suspension from duty pending decision in relation to misconduct 8
(1) If of the opinion that there may be grounds for a Crown 9
Prosecutor's removal from office, the Director of Public 10
Prosecutions may suspend the Crown Prosecutor from duty 11
pending a decision being made as to whether or not he or she 12
should be so removed. 13
(2) If the Director of Public Prosecutions so directs, any salary 14
payable to the Crown Prosecutor in relation to the period during 15
which he or she is under suspension is to be withheld. 16
(3) If the Crown Prosecutor is removed from office, any salary so 17
withheld is forfeited to the State unless the Director of Public 18
Prosecutions otherwise directs. 19
(4) A suspension imposed under this section may be removed by the 20
Director of Public Prosecutions at any time. 21
(5) In this section, Crown Prosecutor includes the Senior Crown 22
Prosecutor and a Deputy Senior Crown Prosecutor. 23
Page 15
Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 9 Amendment of Drug Court Act 1998 No 150
Schedule 9 Amendment of Drug Court Act 1998 1
No 150 2
(Section 3) 3
Section 20 4
Omit the section. Insert instead: 5
20 Judges 6
(1) The Governor may, by commission under the public seal of the 7
State, appoint as a Drug Court Judge any person who is a Judge 8
of a New South Wales court. 9
(2) A person ceases to be a Drug Court Judge on ceasing to be a 10
Judge of a New South Wales court. 11
(3) In this section: 12
Judge includes an acting Judge. 13
New South Wales court means the Supreme Court or District 14
Court or a Court that is of equivalent status (for the purposes of 15
Part 9 of the Constitution Act 1902) to the Supreme Court or 16
District Court. 17
Page 16
Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Dust Diseases Tribunal Act 1989 No 63 Schedule 10
Schedule 10 Amendment of Dust Diseases Tribunal 1
Act 1989 No 63 2
(Section 3) 3
[1] Section 7 Members of the Tribunal 4
Omit section 7 (2). Insert instead: 5
(2) A person is qualified to be a member of the Tribunal if the person 6
is a Judge or acting Judge of the Supreme Court or District Court, 7
or of a Court that is of equivalent status (for the purposes of Part 8
9 of the Constitution Act 1902) to the Supreme Court or District 9
Court. 10
[2] Schedule 2 Provisions applicable to a member of the Tribunal 11
Insert before clause 1: 12
1A Interpretation 13
In this Schedule: 14
Judge includes an acting Judge. 15
New South Wales court means the Supreme Court or District 16
Court, or a Court that is of equivalent status (for the purposes of 17
Part 9 of the Constitution Act 1902) to the Supreme Court or 18
District Court. 19
[3] Schedule 2 20
Omit "the District Court" wherever occurring. 21
Insert instead "a New South Wales court". 22
Page 17
Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 11 Amendment of Evidence Act 1995 No 25
Schedule 11 Amendment of Evidence Act 1995 No 25 1
(Section 3) 2
Section 190 Waiver of rules of evidence 3
Omit "his or her lawyer" from section 190 (2) (a). 4
Insert instead "an Australian legal practitioner or legal counsel". 5
Page 18
Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Evidence Amendment Act 2007 No 46 Schedule 12
Schedule 12 Amendment of Evidence Amendment 1
Act 2007 No 46 2
(Section 3) 3
[1] Schedule 1 Amendments to Evidence Act 1995 4
Insert "evidence of" before "any information" in proposed section 128 (7) (b) 5
in Schedule 1 [61]. 6
[2] Schedule 1 [62] 7
Insert "or before any person or body authorised by a law of this State, or by 8
consent of parties, to hear, receive and examine evidence" after "NSW court" 9
in proposed section 128A (8). 10
[3] Schedule 2 Amendment of other Acts 11
Insert "evidence of" before "any information" in proposed section 33AA (7) 12
(b) in Schedule 2.2 [3]. 13
Page 19
Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 13 Amendment of Industrial Relations Act 1996 No 17
Schedule 13 Amendment of Industrial Relations Act 1
1996 No 17 2
(Section 3) 3
[1] Section 398 Time for instituting proceedings 4
Insert "(other than an offence under section 180)" after "regulations". 5
[2] Section 398, note 6
Insert at the end of section 398: 7
Note. Proceedings for an offence under section 180 must be 8
commenced not later than 6 months after the offence was alleged to 9
have been committed (see section 179 of the Criminal Procedure Act 10
1986). 11
Page 20
Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Land and Environment Court Act 1979 No 204 Schedule 14
Schedule 14 Amendment of Land and Environment 1
Court Act 1979 No 204 2
(Section 3) 3
[1] Section 12 Commissioners 4
Omit "In appointing Commissioners, the Minister should ensure, as far as 5
practicable, that the Court is comprised of persons who hold qualifications 6
across the range of areas specified in this subsection." from section 12 (2). 7
[2] Section 12 (2AA)(2AC) 8
Insert after section 12 (2): 9
(2AA) A person is also qualified to be appointed as a Commissioner if 10
the person is an Australian lawyer. 11
(2AB) In appointing Commissioners, the Minister should ensure, as far 12
as practicable, that the Court is comprised of persons who hold 13
qualifications across the range of areas specified in subsections 14
(2) and (2AA). 15
(2AC) While exercising the jurisdiction of the Court or any other 16
function under this Act in relation to proceedings in Class 8 of the 17
Court's jurisdiction, a Commissioner may be called a 18
"Commissioner for Mining". 19
[3] Section 16 Jurisdiction of the Court generally 20
Omit "7" from section 16 (2). Insert instead "8". 21
[4] Section 21A Class 6--appeals from convictions relating to 22
environmental offences 23
Omit ", other than appeals under Division 3A of that Part". 24
[5] Section 21C 25
Insert after section 21B: 26
21C Class 8--mining matters 27
(1) The Court has jurisdiction (referred to in this Act as "Class 8" of 28
its jurisdiction) to hear and dispose of proceedings arising under 29
the Mining Act 1992 or the Petroleum (Onshore) Act 1991. 30
(2) This section does not apply to proceedings for an offence under 31
either of those Acts. 32
Page 21
Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 14 Amendment of Land and Environment Court Act 1979 No 204
[6] Section 30 Arrangement of business of the Court 1
Omit "subsections (2A) and (2B)" from section 30 (2). 2
Insert instead "subsections (2A), (2B) and (2C)". 3
[7] Section 30 (2C) 4
Insert after section 30 (2B): 5
(2C) A Commissioner shall not exercise the jurisdiction of the Court 6
or any other function under this Act in relation to proceedings in 7
Class 8 of the Court's jurisdiction unless the Commissioner is an 8
Australian lawyer. 9
[8] Section 33 Exercise of jurisdiction generally 10
Insert after section 33 (2): 11
(2A) Class 8 of the Court's jurisdiction shall, in accordance with this 12
Act, be exercised by a Judge or by a Commissioner who is an 13
Australian lawyer. 14
[9] Section 40 Additional powers of Court--provision of easements 15
Omit section 40 (1). Insert instead: 16
(1) This section applies if: 17
(a) the Court has determined to grant or modify a development 18
consent pursuant to proceedings on an appeal under the 19
Environmental Planning and Assessment Act 1979, or 20
(b) proceedings on an appeal under the Environmental 21
Planning and Assessment Act 1979 with respect to the 22
granting or modification of a development consent are 23
pending before the Court (whether constituted by a Judge 24
or by one or more Commissioners). 25
[10] Part 4, Division 6 26
Insert after Division 5 of Part 4: 27
Division 6 Special provisions respecting Class 8 28
proceedings (mining matters) 29
42 Delegation to Commissioners 30
(1) Where proceedings are pending in Class 8 of the Court's 31
jurisdiction, the Chief Judge may, of the Chief Judge's own 32
motion or on the request of a party, direct that the proceedings be 33
heard and disposed of by one or more Commissioners. 34
Page 22
Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Land and Environment Court Act 1979 No 204 Schedule 14
(2) Subject to this Act and the rules, the Commissioner or 1
Commissioners hearing and disposing of the proceedings 2
pursuant to this section shall have and may exercise the functions 3
of the Court (other than its functions under this section). 4
(3) The decision of the Commissioner or Commissioners shall be 5
deemed to be the decision of the Court. 6
(4) Where proceedings are directed to be heard and disposed of by 2 7
or more Commissioners: 8
(a) if the Senior Commissioner is one of the Commissioners 9
hearing and disposing of the proceedings--the Senior 10
Commissioner shall preside at the hearing of the 11
proceedings, and 12
(b) if the Senior Commissioner is not one of those 13
Commissioners--one of those Commissioners directed to 14
do so by the Chief Judge shall preside at the hearing, and 15
(c) if the Commissioners are divided in opinion as to the 16
decision to be made on any question: 17
(i) if there is a majority of the one opinion--the 18
question shall be decided according to the opinion 19
of the majority, or 20
(ii) in any other case--the question shall be decided 21
according to the opinion of the Commissioner 22
presiding. 23
(5) Proceedings that are before a Commissioner under this section 24
may be referred or removed for hearing and determination by a 25
Judge in the same way as proceedings before an associate Judge 26
may be referred or removed for hearing and determination by a 27
Judge in the Supreme Court. 28
(6) The power of a Commissioner to refer proceedings pursuant to 29
subsection (5) is subject to any contrary order of the Chief Judge. 30
43 Commissioners sitting with a Judge 31
(1) Where proceedings are pending in Class 8 of the Court's 32
jurisdiction before a Judge, the Court may, in hearing the 33
proceedings, or any part of the proceedings, be assisted by one or 34
more Commissioners. 35
Page 23
Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 14 Amendment of Land and Environment Court Act 1979 No 204
(2) A Commissioner assisting the Court as referred to in subsection 1
(1) may assist and advise the Court, but shall not adjudicate on 2
any matter before the Court. 3
(3) A Judge before whom proceedings referred to in subsection (1) 4
are pending may commence or continue the hearing of the 5
proceedings, or any part of the proceedings: 6
(a) without the assistance of a Commissioner who is not 7
available or has ceased to be available to assist in the 8
hearing of the proceedings or part of the proceedings, and 9
(b) without the assistance of Commissioners generally if, in 10
the opinion of the Judge, the proceedings or part of the 11
proceedings concern or concerns a question of law only. 12
[11] Section 56 Nature of decision of the Court 13
Omit "3 or 4" from section 56 (a). Insert instead "3, 4 or 8". 14
[12] Section 56A Class 1, 2, 3 and 8 proceedings--appeals to the Court 15
against decisions of Commissioners 16
Omit "2 or 3" from section 56A (1). Insert instead "2, 3 or 8". 17
[13] Section 57 Class 1, 2, 3 and 8 proceedings--appeals 18
Omit "2 or 3" from section 57 (1). Insert instead "2, 3 or 8". 19
[14] Section 63 Right of appearance 20
Insert at the end of the section: 21
(2) Despite subsection (1), a person may not appear before the Court 22
by an agent in proceedings in Class 8 of the Court's jurisdiction 23
except with the leave of the Court. 24
[15] Section 72 Transfer of proceedings from Supreme Court 25
Omit "3 or 4" from section 72 (2). Insert instead "3, 4 or 8". 26
[16] Schedule 3 Savings, transitional and other provisions 27
Insert at the end of clause 1A (1): 28
Courts and Crimes Legislation Further Amendment Act 2008, 29
but only in relation to the amendments made to this Act 30
Page 24
Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Land and Environment Court Act 1979 No 204 Schedule 14
[17] Schedule 3 1
Insert after clause 8: 2
9 Provisions consequent on enactment of Courts and Crimes 3
Legislation Further Amendment Act 2008 4
Any application or order that purports to have been made under 5
section 40 before the commencement of Schedule 14 [9] to the 6
Courts and Crimes Legislation Further Amendment Act 2008 is 7
taken to have been validly made if it could have been validly 8
made had that section, as amended, then been in force. 9
Page 25
Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 15 Amendment of Local Courts Act 1982 No 164
Schedule 15 Amendment of Local Courts Act 1982 1
No 164 2
(Section 3) 3
Section 20A 4
Insert after section 20: 5
20A Continuation of proceedings after vacation of office 6
(1) A person who vacates office as a Magistrate otherwise than by 7
having been removed from office may, despite vacating his or her 8
office, continue to hear and determine, and otherwise deal with, 9
any proceedings that have been heard, or partly heard, by the 10
person before vacating his or her office. 11
(2) While a person continues to deal with, under subsection (1), any 12
proceedings that have been heard or partly heard by the person 13
before vacating office, the person has all the entitlements and 14
functions of a Magistrate and, for the purpose of those 15
proceedings, is taken to continue to be a Magistrate. 16
Page 26
Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Mental Health Act 2007 No 8 Schedule 16
Schedule 16 Amendment of Mental Health Act 2007 1
No 8 2
(Section 3) 3
[1] Section 4 Definitions 4
Omit "by a Magistrate after a mental health inquiry or" from the definition of 5
involuntary patient in section 4 (1). 6
Insert instead "after a mental health inquiry or otherwise". 7
[2] Section 4 (1), definition of "mental health inquiry" 8
Omit "a Magistrate". Insert instead "the Tribunal". 9
[3] Section 27 Steps for medical examination requirements for ongoing 10
detention in mental health facility 11
Omit "bring the person before a Magistrate" from section 27 (d). 12
Insert instead "notify the Tribunal and bring the person before the Tribunal". 13
[4] Section 27 (d) 14
Omit: 15
The person must be brought before a Magistrate as soon as 16
practicable after the authorised medical officer is notified of the 17
relevant finding of the second or third examiner. 18
Insert instead: 19
The person must be brought before the Tribunal as soon as 20
practicable after admission (subject to meeting the requirements 21
set out above). 22
[5] Section 33 Actions may be delayed because of other illnesses or 23
conditions 24
Omit "a Magistrate" from section 33 (b). Insert instead "the Tribunal". 25
[6] Section 34 26
Omit the section. Insert instead: 27
34 Mental health inquiries to be held 28
(1) The Tribunal must hold an inquiry about an assessable person 29
under step 4 in section 27 (d). 30
Note. Section 27 sets out the events that result in a mental health 31
inquiry. Notice of the inquiry is to be given to the person concerned, and 32
Page 27
Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 16 Amendment of Mental Health Act 2007 No 8
all reasonably practicable steps are to be taken to notify primary carers 1
in accordance with section 76. 2
(2) An authorised medical officer of the mental health facility in 3
which an assessable person is detained: 4
(a) must ensure that, as far as practicable, the person is 5
brought before the Tribunal dressed in street clothes, and 6
(b) must make all necessary arrangements to ensure that all 7
appropriate medical witnesses appear before the Tribunal 8
and other relevant medical evidence concerning the person 9
is placed before the Tribunal at or before the inquiry, and 10
(c) as soon as practicable after notifying the Tribunal under 11
section 27 (d), and at or before the inquiry, must provide 12
the Tribunal with all relevant medical reports of the 13
examinations in step 1 or step 2, as referred to in section 27 14
(d), and any additional information required by the 15
Tribunal for the purposes of the inquiry. 16
An assessable person, or any other person, may, with the 17
approval of the Tribunal and subject to the regulations (if any), be 18
brought or appear before the Tribunal by way of audio visual 19
link. 20
The primary carer of an assessable person may, with the approval 21
of the Tribunal, appear at an inquiry. 22
Note. The Tribunal must be constituted by at least one member who is 23
the President or a Deputy President for the purposes of a mental health 24
inquiry (see section 150 (2A)). Other provisions relating to the Tribunal's 25
procedures generally, that apply to mental health inquiries and other 26
proceedings, are set out in Part 2 of Chapter 6. 27
[7] Section 35 Purpose and findings of mental health inquiries 28
Omit "A Magistrate" from section 35 (1). Insert instead "The Tribunal when". 29
[8] Section 35 (2) 30
Omit "the Magistrate" wherever occurring. Insert instead "the Tribunal". 31
[9] Section 35 (2A) and (2B) 32
Insert after section 35 (2): 33
(2A) As soon as practicable after the beginning of a mental health 34
inquiry, the Tribunal must ask the assessable person whether the 35
person: 36
(a) has been given a written statement, in the prescribed form, 37
of the person's legal rights and other entitlements, as 38
required by section 74, and 39
Page 28
Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Mental Health Act 2007 No 8 Schedule 16
(b) has been informed of the duty imposed under section 76 on 1
the authorised medical officer relating to the giving of the 2
notice specified in that section. 3
(2B) As soon as practicable after the beginning of a mental health 4
inquiry, the Tribunal must ascertain from the authorised medical 5
officer whether the written statement and notice referred to in 6
subsection (2A) have been given or all such things as are 7
reasonably practicable have been done to give that statement or 8
notice, as the case requires. 9
[10] Section 35 (3) 10
Omit the subsection. Insert instead: 11
(3) If the Tribunal is not satisfied, on the balance of probabilities, that 12
an assessable person is a mentally ill person, the Tribunal must 13
order that the person be discharged from the mental health 14
facility. 15
[11] Section 35 (4) and (5) (c) 16
Omit "Magistrate" wherever occurring. Insert instead "Tribunal". 17
[12] Section 35 (5) 18
Omit "A Magistrate who is satisfied, on the balance of probabilities, that an 19
assessable person is a mentally ill person". 20
Insert instead "If the Tribunal is satisfied, on the balance of probabilities, that 21
an assessable person is a mentally ill person, the Tribunal". 22
[13] Section 36 23
Omit the section. Insert instead: 24
36 Adjournments 25
(1) The Tribunal may, from time to time, adjourn a mental health 26
inquiry for a period not exceeding 14 days. 27
(2) Without limiting subsection (1), the Tribunal may adjourn the 28
inquiry if it is not satisfied: 29
(a) that the assessable person has been informed of the duty 30
imposed under section 76 on the authorised medical officer 31
relating to the giving of the notice specified in that section, 32
or 33
(b) that the notice specified in the section has been given or all 34
such things as are reasonably practicable have been done 35
to give that notice. 36
Page 29
Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 16 Amendment of Mental Health Act 2007 No 8
(3) The Tribunal may adjourn an inquiry under this section only if: 1
(a) the Tribunal is of the opinion that it is in the best interests 2
of the assessable person to do so, and 3
(b) the Tribunal has considered any certificates given under 4
this Act available to the Tribunal. 5
(4) If an inquiry is adjourned, the assessable person is to continue to 6
be detained in the mental health facility unless the person is 7
discharged or allowed to be absent from the facility under another 8
provision of this Act. 9
[14] Section 51 Community treatment orders 10
Omit "or a Magistrate" from section 51 (1). 11
[15] Section 53 Determination of applications for community treatment 12
orders 13
Omit "A Magistrate or the" from section 53 (1). Insert instead "The". 14
[16] Section 53 (2) and (3) 15
Omit "Magistrate or" wherever occurring. 16
[17] Section 53 (4) 17
Omit the subsection. Insert instead: 18
(4) The Tribunal may not make a community treatment order at a 19
mental health inquiry unless the Tribunal is of the opinion that the 20
person is a mentally ill person. 21
[18] Section 53 (6) and (7) 22
Omit "or Magistrate" wherever occurring. 23
[19] Section 55 Community treatment order may be made in absence of 24
affected person 25
Omit "A Magistrate or the". Insert instead "The". 26
[20] Section 77 Notification to new involuntary patients of appeal rights 27
Omit "a Magistrate" from section 77 (1). Insert instead "the Tribunal". 28
[21] Section 141 Membership of Tribunal 29
Omit "Australian legal practitioners" from section 141 (2) (a). 30
Insert instead "Australian lawyers". 31
Page 30
Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Mental Health Act 2007 No 8 Schedule 16
[22] Section 150 Composition of the Tribunal 1
Insert "in relation to mental health inquiries or" after "other than" in section 2
150 (2). 3
[23] Section 150 (2A) 4
Insert after section 150 (2): 5
(2A) For the purpose of conducting a mental health inquiry, the 6
Tribunal must consist of at least 1 member who is to be the 7
President or a Deputy President or a member qualified to be 8
appointed as a Deputy President. 9
[24] Section 150 (3) (b) 10
Omit "Australian legal practitioner". Insert instead "Australian lawyer". 11
[25] Section 154 Rights of appearance and representation 12
Insert after section 154 (2): 13
(2A) An assessable person who is before the Tribunal for a mental 14
health inquiry must, unless the person decides that he or she does 15
not want to be represented, be represented by an Australian legal 16
practitioner or, with the approval of the Tribunal, by another 17
person of his or her choice. 18
[26] Section 160 Tribunal procedure generally 19
Insert after section 160 (2) (e): 20
(e1) conditions for the use of audio or audio visual links and 21
other matters relating to the use of audio or audio visual 22
links in Tribunal proceedings, 23
[27] Section 188 Restrictions on holding of certain offices 24
Omit section 188 (1) (d). 25
[28] Section 188 (3) 26
Omit "or Magistrate". 27
[29] Schedule 2 Mental health inquiries 28
Omit the Schedule. 29
[30] Schedule 3 30
Omit "see a Magistrate". 31
Insert instead "see the Mental Health Review Tribunal". 32
Page 31
Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 16 Amendment of Mental Health Act 2007 No 8
[31] Schedule 3 1
Omit "Magistrates' mental health inquiries". 2
Insert instead "mental health inquiries". 3
[32] Schedule 3 4
Omit "Magistrate's" wherever occurring. 5
[33] Schedule 3 6
Omit "A Magistrate's". Insert instead "A". 7
[34] Schedule 3 8
Omit "The Magistrate" and "the Magistrate" wherever occurring. 9
Insert instead "Mental Health Review Tribunal". 10
[35] Schedule 3 11
Omit "he or she" where secondly occurring. Insert instead "it". 12
[36] Schedule 6 Savings, transitional and other provisions 13
Insert at the end of clause 1 (1): 14
Courts and Crimes Legislation Further Amendment Act 2008 15
[37] Schedule 6 16
Insert at the end of the Schedule with appropriate Part and clause numbering: 17
Part Provisions consequent on enactment of 18
Courts and Crimes Legislation Further 19
Amendment Act 2008 20
Existing mental health inquiries 21
A mental health inquiry that was commenced, but not 22
determined, before the substitution of section 34 by the Courts 23
and Crimes Legislation Further Amendment Act 2008 may be 24
determined in accordance with this Act as in force immediately 25
before that substitution. 26
Page 32
Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Mental Health (Criminal Procedure) Act 1990 No 10 Schedule 17
Schedule 17 Amendment of Mental Health (Criminal 1
Procedure) Act 1990 No 10 2
(Section 3) 3
[1] Section 33 Mentally ill persons 4
Omit "by a Magistrate" from section 33 (1A). 5
Insert instead "at a mental health inquiry". 6
[2] Section 33 (1B) 7
Omit "a Magistrate". Insert instead "the Tribunal". 8
Page 33
Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 18 Amendment of Mental Health Legislation Amendment (Forensic Provisions)
Act 2008 No 79
Schedule 18 Amendment of Mental Health Legislation 1
Amendment (Forensic Provisions) Act 2
2008 No 79 3
(Section 3) 4
Schedule 2 [12] Section 53 (3A) 5
Omit "Magistrate or" from proposed section 53 (3A). 6
Page 34
Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Mining Act 1992 No 29 Schedule 19
Schedule 19 Amendment of Mining Act 1992 No 29 1
(Section 3) 2
[1] Section 20 Land on which private mining operations being carried on 3
Omit section 20 (3). Insert instead: 4
(3) If a dispute arises as to whether or not this section applies in a 5
particular case, any party to the dispute may apply to the Land 6
and Environment Court for a determination of the matter. 7
[2] Section 31 Dwelling-houses, gardens and significant improvements 8
Omit section 31 (5). Insert instead: 9
(5) If a dispute arises as to whether or not subsection (1) applies in a 10
particular case, any party to the dispute may apply to the Land 11
and Environment Court for a determination of the matter. 12
[3] Section 38 Land subject to exploration licence 13
Omit section 38 (3). Insert instead: 14
(3) Any such objection is to be taken into consideration by the 15
Minister when determining the application. 16
[4] Section 39 Land on which private mining operations being carried on 17
Omit section 39 (3). Insert instead: 18
(3) If a dispute arises as to whether or not this section applies in a 19
particular case, any party to the dispute may apply to the Land 20
and Environment Court for a determination of the matter. 21
[5] Section 49 Dwelling-houses, gardens and significant improvements 22
Omit section 49 (5). Insert instead: 23
(5) If a dispute arises as to whether or not subsection (1) applies in a 24
particular case, any party to the dispute may apply to the Land 25
and Environment Court for a determination of the matter. 26
[6] Section 59 Land subject to exploration licence 27
Omit section 59 (3). Insert instead: 28
(3) Any such objection is to be taken into consideration by the 29
Minister when determining the application. 30
Page 35
Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 19 Amendment of Mining Act 1992 No 29
[7] Section 60 Land on which private mining operations being carried on 1
Omit section 60 (3). Insert instead: 2
(3) If a dispute arises as to whether or not this section applies in a 3
particular case, any party to the dispute may apply to the Land 4
and Environment Court for a determination of the matter. 5
[8] Section 62 Dwelling-houses, gardens and significant improvements 6
Omit section 62 (6A). Insert instead: 7
(6A) If a dispute arises as to whether or not subsection (1) (a) or (b) 8
applies in a particular case, any party to the dispute may apply to 9
the Land and Environment Court for a determination of the 10
matter. 11
Note. A dispute in relation to subsection (1) (c) is to be dealt with under 12
clause 23B of Schedule 1. 13
[9] Section 92 Resolution of objections 14
Omit section 92 (3). 15
[10] Section 109 Saving of interest in existing leases 16
Omit section 109 (2). 17
[11] Section 128 Appeals against decisions concerning cancellation or 18
suspension of operations 19
Omit "District Court" wherever occurring. 20
Insert instead "Land and Environment Court". 21
[12] Section 141 Matters for which access arrangement to provide 22
Omit section 141 (1) (e). 23
[13] Sections 155, 165, 170, 189, 203, 206, 212, 217, 233, 236C, 266, 267, 273 24
and 278 25
Omit "a Warden's Court" wherever occurring in sections 155 (1), (2) (b) and 26
(5)(7), 165 (2), 170, 189 (1), 203 (1) (g), 206 (1) and (2), 212 (2), 217, 27
233 (1) (e), 236C (b), 266 (4) (b) (ii) and (c), 267 (4) (b) (ii) and (c), 273 and 28
278 (1). 29
Insert instead "the Land and Environment Court". 30
Page 36
Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Mining Act 1992 No 29 Schedule 19
[14] Section 164 Rights of way 1
Omit section 164 (6)(8). Insert instead: 2
(6) Subject to any determination by the Land and Environment 3
Court, a right of way is subject to such conditions as to its 4
exercise, and to such exceptions as to the land over which it may 5
be exercised, as may be prescribed by the regulations. 6
(7) If a dispute arises as to the exercise of a right of way, any party 7
to the dispute may apply to the Land and Environment Court for 8
a determination of the matter. 9
[15] Section 166 Use of water, timber and pasturage etc 10
Omit "with the approval of a warden" from section 166 (1). 11
Insert instead "in accordance with a determination of the Land and 12
Environment Court". 13
[16] Section 175C Appeals against, and suspensions and annulments of, 14
exclusion orders 15
Omit section 175C (1). Insert instead: 16
(1) An appeal against an exclusion order made by a Local Court may 17
be made to the Land and Environment Court under Part 4 of the 18
Crimes (Appeal and Review) Act 2001 as if that order were a 19
sentence arising from a court attendance notice dealt with under 20
Part 2 of Chapter 4 of the Criminal Procedure Act 1986. 21
[17] Section 175C (2) 22
Omit "Warden's Court or a". 23
[18] Section 184 Land subject to exploration licence 24
Omit section 184 (3). Insert instead: 25
(3) Any such objection is to be taken into consideration by the 26
Minister when determining the application. 27
[19] Section 185 Land on which private mining operations being carried on 28
Omit section 185 (3). Insert instead: 29
(3) If a dispute arises as to whether or not this section applies in a 30
particular case, any party to the dispute may apply to the Land 31
and Environment Court for a determination of the matter. 32
Page 37
Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 19 Amendment of Mining Act 1992 No 29
[20] Section 188 Dwelling-houses, gardens and significant improvements 1
Omit section 188 (5). Insert instead: 2
(5) If a dispute arises as to whether or not subsection (1) or (2A) 3
applies in a particular case, any party to the dispute may apply to 4
the Land and Environment Court for a determination of the 5
matter. 6
[21] Section 189 Mineral claim not to be re-granted to former holder 7
Omit "Warden's Court by which the original order was made" from section 8
189 (2). 9
Insert instead "Land and Environment Court". 10
[22] Section 206 Review of decisions concerning cancellation or suspension 11
of operations 12
Omit "Warden's Court" wherever occurring in section 206 (3) and (4). 13
Insert instead "Land and Environment Court". 14
[23] Section 211 Rights of way 15
Omit section 211 (6)(9). Insert instead: 16
(6) Subject to any determination by the Land and Environment 17
Court, a right of way is subject to such conditions as to its 18
exercise, and to such exceptions as to the land over which it may 19
be exercised: 20
(a) as may be prescribed by the regulations, or 21
(b) in the case of land within a mineral claims district, as may 22
be specified in any registered access management plan 23
applying to the land. 24
(7) If a dispute arises as to the exercise of a right of way, any party 25
to the dispute may apply to the Land and Environment Court for 26
a determination of the matter. 27
(8) In the case of land within a mineral claims district, the conditions 28
imposed by the Land and Environment Court under subsection 29
(7) must not be inconsistent with the conditions specified in any 30
registered access management plan applying to the land. 31
[24] Section 213 Use of water, timber and pasturage etc 32
Omit "with the approval of a warden" from section 213 (1). 33
Insert instead "in accordance with a determination of the Land and 34
Environment Court". 35
Page 38
Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Mining Act 1992 No 29 Schedule 19
[25] Section 222 Objections 1
Omit section 222 (4) and (5). Insert instead: 2
(4) Unless it is earlier withdrawn, the Director-General must refer 3
any objection made on the ground referred to in subsection (1) (b) 4
for inquiry and report by a person having such qualifications or 5
experience as may be prescribed by the regulations. 6
(5) At the conclusion of the inquiry into the objection, the person to 7
whom the objection has been referred must furnish the Minister 8
with a report as to his or her findings. 9
(6) An objection made on the ground referred to in subsection (1) (b) 10
is to be determined by the Minister on the basis of the report so 11
furnished. 12
[26] Section 235C Rights of way 13
Omit section 235C (6)(9). Insert instead: 14
(6) Subject to any determination by the Land and Environment 15
Court, a right of way is subject to such conditions as to its 16
exercise, and to such exceptions as to the land over which it may 17
be exercised: 18
(a) as may be prescribed by the regulations, or 19
(b) as may be specified in any registered access management 20
plan applying to the land. 21
(7) If a dispute arises as to the exercise of a right of way, any party 22
to the dispute may apply to the Land and Environment Court for 23
a determination of the matter. 24
(8) The conditions imposed by the Land and Environment Court 25
under subsection (7) must not be inconsistent with the conditions 26
specified in any registered access management plan applying to 27
the land. 28
[27] Sections 236G and 236H 29
Omit the sections. Insert instead: 30
236G Determination of access management plan by Land and 31
Environment Court 32
(1) If the Director-General has declined to make a determination 33
under section 236F, either generally or in relation to a particular 34
matter, either the landholder or the miners' representative: 35
Page 39
Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 19 Amendment of Mining Act 1992 No 29
(a) may apply to the Land and Environment Court for a 1
determination under this section, either generally or in 2
relation to that matter, as the case may be, and 3
(b) in that event, must cause copies of the application to be 4
served on the landholder or miner's representative, as the 5
case requires, and on the Director-General. 6
(2) On receiving such an application, the Land and Environment 7
Court is to determine an access management plan for the land 8
concerned, as required by the application. 9
(3) The Director-General is not a party to the proceedings before the 10
Land and Environment Court, but may nevertheless make written 11
submissions to the Court in relation to the proposed 12
determination. 13
(4) In making a decision under this section, the Land and 14
Environment Court must give consideration to any submissions 15
made by the Director-General under subsection (3). 16
(5) On making a determination under this section, the Land and 17
Environment Court is to cause copies of the determination to be 18
served on the landholder and the miners' representative. 19
(6) Each party to proceedings under this section is to bear his or her 20
own costs in relation to the proceedings. 21
236H Review of Director-General's determination 22
(1) An application for the review of an access management plan 23
determined under section 236F may be made to the Land and 24
Environment Court by either the landholder or the miners' 25
representative (the parties to the determination). 26
(2) An application: 27
(a) must be accompanied by a copy of the determination to 28
which it relates, together with a copy of any access 29
management plan forming part of the determination, and 30
(b) must be filed in the Land and Environment Court within 14 31
days after a copy of the determination was served on the 32
applicant. 33
(3) The applicant must cause a copy of the application to be served 34
on the Director-General and on each of the other parties to the 35
determination. 36
Page 40
Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Mining Act 1992 No 29 Schedule 19
(4) The Director-General is not a party to the proceedings before the 1
Land and Environment Court, but may nevertheless make written 2
submissions to the Court in relation to the determination under 3
review. 4
(5) In making a decision under this section, the Land and 5
Environment Court must give consideration to any submissions 6
made by the Director-General under subsection (4). 7
(6) The decision of the Land and Environment Court on a review of 8
a determination is final and is to be given effect to as if it were the 9
determination of the Director-General under section 236F. 10
(7) Each party to proceedings under this section is to bear his or her 11
own costs in relation to the proceedings. 12
[28] Section 236I Registration of access management plans 13
Omit section 236I (2) (b). Insert instead: 14
(b) if an application for a review of the determination is made 15
to the Land and Environment Court within that period, as 16
soon as practicable after the Court makes its decision on 17
the application. 18
[29] Section 236L Replacement of access management plans 19
Omit "the Warden's Court" from section 236L (2). 20
Insert instead "the Land and Environment Court". 21
[30] Section 252 Environmental assessment 22
Omit "A warden" from section 252 (1). Insert instead "The Minister". 23
[31] Section 252 (2), (4) and (5) 24
Omit the subsections. 25
[32] Section 252 (6) and (7) 26
Omit the subsections. Insert instead: 27
(6) A permit under this section may not be granted in respect of land 28
within a national park, state conservation area, regional park, 29
historic site, nature reserve, karst conservation reserve, 30
Aboriginal area, wildlife refuge or Aboriginal place within the 31
meaning of the National Parks and Wildlife Act 1974 except with 32
the concurrence of the Minister administering that Act. 33
(7) A permit under this section may not be granted in respect of land 34
within a marine park within the meaning of the Marine Parks Act 35
Page 41
Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 19 Amendment of Mining Act 1992 No 29
1997 except with the concurrence of the relevant Ministers within 1
the meaning of that Act. 2
[33] Section 253 Encroachments by mining works 3
Omit "A warden" wherever occurring in section 253 (1) and (2). 4
Insert instead "The Minister". 5
[34] Section 261 Cancellation of permit 6
Omit section 261 (2). 7
[35] Sections 265, 266, 267, 270, 272, 274, 278 and 281 8
Omit "a warden" wherever occurring in sections 265 (4), 266 (2) (b) and (3), 9
267 (2) (b) and (3), 270 (2), 272 (1) (b) (ii), 274 (3), 278 (1) and 281 (1) (c). 10
Insert instead "the Land and Environment Court". 11
[36] Section 265 Compensation arising under mining lease 12
Omit "a warden" where firstly and secondly occurring in section 265 (3). 13
Insert instead "the Land and Environment Court" and "the Court", 14
respectively. 15
[37] Sections 266 and 267 16
Omit "the warden" wherever occurring in sections 266 (6) (a) and 267 (6) (a). 17
Insert instead "the Land and Environment Court". 18
[38] Section 274 Payment out of court 19
Omit section 274 (1). Insert instead: 20
(1) As compensable loss occurs, money held in the Land and 21
Environment Court by way of compensation is to be paid out of 22
court, on the application of any person entitled to the 23
compensation, in accordance with the agreement or order under 24
which it is payable. 25
[39] Section 274 (2) 26
Omit "a warden" where firstly and secondly occurring. 27
Insert instead "the Land and Environment Court" and "the Court", 28
respectively. 29
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Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Mining Act 1992 No 29 Schedule 19
[40] Sections 275 and 276 1
Omit the sections. Insert instead: 2
275 Procedure for making assessment 3
In making an assessment of compensation under this Division, 4
the Land and Environment Court: 5
(a) may make the assessment at any time and at any place, and 6
(b) may make the assessment in the absence of any person 7
who appears to be interested in the assessment, if the Court 8
is satisfied that the person has been served with a notice in 9
accordance with this Part, and 10
(c) may adjourn the hearing of the matter to any time and any 11
place, subject to such terms as to costs or otherwise as the 12
Court thinks fit. 13
276 Additional assessment 14
(1) If, after an assessment of compensation has been made, it is 15
proved to the satisfaction of the Land and Environment Court: 16
(a) that the whole of the amount paid into court under this Part 17
has been duly paid out, and 18
(b) that further compensable loss has been caused, or is likely 19
to be caused, in respect of the land to which the assessment 20
relates, or to other land, 21
the Court must, on the application of any of the parties concerned, 22
assess that loss and order that the amount so assessed be paid by 23
the holder of the authorisation to which the assessment relates, 24
within the time and to the persons specified in the order. 25
(2) If it is proved to the satisfaction of the Land and Environment 26
Court: 27
(a) that an access arrangement does not make provision for or 28
with respect to compensation, and 29
(b) that compensable loss has been caused, or is likely to be 30
caused, in respect of the land to which the arrangement 31
relates, 32
the Court must, on the application of any of the parties concerned, 33
assess that loss and order that the amount so assessed be paid by 34
the holder of the authorisation to which the assessment relates, 35
within the time and to the persons specified in the order. 36
(3) If it is proved to the satisfaction of the Land and Environment 37
Court: 38
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Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 19 Amendment of Mining Act 1992 No 29
(a) that the whole of the amount assessed by or in accordance 1
with an access arrangement determined by an arbitrator as 2
referred to in section 140 (b) has been paid in accordance 3
with the arrangement, and 4
(b) that further compensable loss has been caused, or is likely 5
to be caused, in respect of the land to which the assessment 6
relates or to other land, 7
the Court must, on the application of any of the parties concerned, 8
assess that loss and order that the amount so assessed be paid by 9
the holder of the authorisation to which the assessment relates, 10
within the time and to the persons specified in the order. 11
(4) The Land and Environment Court's decision on such an 12
application has effect as an assessment of compensation under 13
this Division. 14
(5) In making an assessment of compensation, the Land and 15
Environment Court must have regard to: 16
(a) any previous compensation agreement between the parties 17
under this Division, and 18
(b) any current or previous access arrangement between the 19
parties that was determined, or taken to have been 20
determined, by an arbitrator under Part 8, and 21
(c) any previous assessment under this Division of 22
compensation payable to the landholder, 23
with respect to the land to which the current assessment relates. 24
[41] Section 277 Directions to furnish names and addresses 25
Omit section 277 (1). Insert instead: 26
(1) If the Land and Environment Court considers that a landholder of 27
any land may be entitled to compensation under this Part, the 28
Court may, by instrument in writing served on the holder of the 29
authorisation concerned, direct the holder to notify the Court of 30
the name and address of the landholder. 31
[42] Section 281 Compensation for further loss 32
Omit "a warden" where secondly occurring in section 281 (1). 33
Insert instead "the Court". 34
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Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Mining Act 1992 No 29 Schedule 19
[43] Part 15 1
Omit the Part. Insert instead: 2
Part 15 Land and Environment Court proceedings 3
293 Jurisdiction of Land and Environment Court 4
(1) The Land and Environment Court has jurisdiction to hear and 5
determine proceedings relating to any of the following matters: 6
(a) the area, dimensions or boundaries of land subject to an 7
authority or mineral claim, 8
(b) the right to the possession or occupation of any land by 9
virtue of an authority or mineral claim, 10
(c) any question or dispute arising as to: 11
(i) a right of way, right of access to water or right of 12
entry conferred by or under this Act, or 13
(ii) any condition imposed by or under this Act 14
(including any condition imposed pursuant to a 15
registered access management plan) on a person's 16
exercise of any such right of way, right of access to 17
water or right of entry, 18
(d) the right to the use and enjoyment of water for prospecting 19
or mining and any dispute or question relating to such a 20
right, 21
(e) trespass or encroachment on, or injury to, land subject to 22
an authority or mineral claim, or interference with, or 23
injury to, any mining improvement, 24
(f) any demand for debt or damages arising out of prospecting 25
or mining, 26
(g) any demand for specific performance of any contract 27
relating to any authority or mineral claim, 28
(h) the right to any mineral in, or to be recovered from, any 29
land subject to an authority or mineral claim, and the rights 30
under, or arising out of, any contract relating to any such 31
mineral, 32
(i) any transfer or disposition of, or charge on, land subject to 33
an authority or mineral claim, 34
(j) matters concerning: 35
(i) any partnership relating to an authority or mineral 36
claim, or to prospecting or mining, or 37
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Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 19 Amendment of Mining Act 1992 No 29
(ii) the existence, formation and dissolution of any such 1
partnership, or 2
(iii) the taking of accounts in connection with any such 3
partnership, or 4
(iv) the contributions of the partners as between 5
themselves, or 6
(v) the determination of questions arising between the 7
partners, 8
(k) contributions by or between persons holding joint or 9
several interests in an authority or mineral claim towards 10
rent or other expenses in relation to the authority or claim, 11
(l) trespass or encroachment on, or injury to, land as a result 12
of prospecting or mining, 13
(m) trespass or encroachment on, injury to or any matter 14
affecting, roads, railways or other property of whatever 15
kind constructed, held or occupied under this Act, 16
(n) the partition, sale, disposal or division of any mining 17
improvements, or the proceeds of the sale of any mining 18
improvements, held by 2 or more persons, 19
(o) any question or dispute arising as to the working or 20
management of land subject to an authority or mineral 21
claim, 22
(p) all rights claimed in, under or in relation to an authority or 23
mineral claim or purported authority or mineral claim, 24
(q) any question or dispute as to: 25
(i) the validity of an authority, mineral claim or opal 26
prospecting licence, or 27
(ii) the decision of the Minister or a mining registrar in 28
relation to an application for the granting, renewal 29
or transfer of an authority, a mineral claim or opal 30
prospecting licence, or 31
(iii) the decision of the Minister or a mining registrar to 32
cancel an authority, a mineral claim or opal 33
prospecting licence, 34
(r) any question or dispute in connection with a consolidated 35
mining lease arising under section 109, including any 36
question or dispute concerning the rights and obligations 37
conferred or imposed by an interest referred to in that 38
section or the priority of any such interest, 39
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Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Mining Act 1992 No 29 Schedule 19
(s) any question or dispute in connection with an interest 1
(whether legal or equitable) in, or affecting, an authority or 2
mineral claim, 3
(t) any question or dispute in connection with an assessment 4
or agreement in respect of compensation under Part 13, 5
arising because of the transfer of an authority or mineral 6
claim or of part of such an authority or claim, 7
(u) the review of an arbitrator's determination under Division 8
2 of Part 8 or of a mining registrar's decision referred to in 9
section 206, 10
(v) any question or dispute as to the provisions of an access 11
arrangement or as to any matter arising as a consequence 12
of such an arrangement, 13
(w) any question or dispute as to whether section 20 (1), 31 (1), 14
39 (1), 49 (1), 60 (1), 62 (1), 185 (1) or 188 (1) applies in 15
a particular case, 16
(x) any other matter in respect of which jurisdiction is 17
conferred on the Court by this Act. 18
(2) Nothing in this section limits or restricts the jurisdiction 19
conferred on any other court by any other Act or law. 20
294 Land and Environment Court may order deposit of mineral etc 21
(1) On application by any party to proceedings in the Land and 22
Environment Court, the Court may order any other party to the 23
proceedings to deposit, pending its decision, any earth, mineral, 24
money or chattels: 25
(a) the right to which will, in the opinion of the Court, be put 26
in issue in the course of those proceedings, and 27
(b) which may then be in, or at any time before the termination 28
of the proceedings may come into, the possession or 29
control of that other party. 30
(2) Such an order must specify the thing to be so deposited and must 31
direct the deposit to be made, at or before a time specified in the 32
order, with a person or at a place so specified. 33
295 Land and Environment Court may grant injunction 34
(1) If an application is made to the Land and Environment Court by 35
a person claiming to hold a legal or equitable interest in any land 36
subject to an authority or mineral claim, or in any property, the 37
Court may, on such terms as to costs or otherwise as it may 38
consider just, grant an injunction restraining any specified 39
person: 40
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Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 19 Amendment of Mining Act 1992 No 29
(a) from encroaching on, occupying, using or working the 1
land or property, or 2
(b) from seeking, washing out, extracting or removing any 3
earth or minerals from the land, or 4
(c) from selling or disposing of or otherwise interfering with 5
the property, or 6
(d) from doing any act that may affect the interest concerned 7
in the whole, or any part, of the land or property. 8
(2) An injunction remains in force for the period specified in the 9
injunction, unless it is sooner discharged. 10
296 Granting of injunctions in cases of urgency 11
(1) If an applicant for an injunction satisfies the Land and 12
Environment Court that there are urgent reasons for granting the 13
injunction, the Court may, in any case in which the Court might 14
otherwise grant an injunction, grant an injunction to have effect 15
for a period of not more than 2 months (including the day on 16
which the injunction is made) without notice of the application 17
having been served on any other party. 18
(2) The Land and Environment Court may not grant a continuance of 19
an injunction granted under this section, and may not grant a 20
further injunction under this section, but application for a further 21
injunction may be made under section 295, either during or after 22
the period of the injunction granted under this section. 23
297 Orders protecting adjacent authorities and mineral claims 24
(1) The holder of an authority or mineral claim over land which is 25
adjacent to: 26
(a) land that is the subject of an injunction, or 27
(b) land on which is located property that is the subject of an 28
injunction, 29
may apply to the Land and Environment Court for an order 30
permitting the land or property under injunction to be worked so 31
as to prevent or minimise damage to or depreciation of the land 32
over which the authority or mineral claim is held. 33
(2) The Land and Environment Court: 34
(a) may order, on such terms as the Court thinks fit, such 35
working of that land or property as in the Court's opinion 36
will be sufficient to prevent that damage or depreciation, 37
and 38
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Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Mining Act 1992 No 29 Schedule 19
(b) may make such further order as to the cost of that working 1
as the Court considers just. 2
(3) An order may not be made under this section unless the applicant 3
shows to the satisfaction of the Land and Environment Court that 4
the authority or mineral claim concerned will sustain damage or 5
be materially depreciated in value by reason of the non-working 6
of the land or property under injunction. 7
298 Court may order payment of money or delivery of mineral 8
(1) If any money or mineral is claimed in the Land and Environment 9
Court, the Court may order the payment of such money or the 10
delivery of such mineral as it may find to be due or deliverable by 11
one party to another. 12
(2) If such a claim arises out of a mining partnership, adventure or 13
interest, the Land and Environment Court may take accounts in 14
respect of that partnership, adventure or interest, to the extent to 15
which it may be necessary to ascertain what money or mineral (if 16
any) is so due by one party to the other, and may make such 17
further order as it considers just. 18
(3) If the Land and Environment Court orders payment of money in 19
respect of any debt, damages, costs or otherwise, the Court may 20
make a further order: 21
(a) that any mineral in the possession, and being the property, 22
of the party directed to make the payment must (to the 23
extent in value of the payment as estimated by the Court) 24
be delivered up to the party entitled to the payment, and 25
(b) that the mineral to that extent be seized and delivered 26
accordingly. 27
(4) If such a further order is made, the order for payment of money 28
may only be enforced in respect of any balance remaining due 29
after deducting the value of the mineral so delivered to the party 30
entitled to payment. 31
[44] Section 365 Disclosure of information 32
Omit section 365 (1) (d). 33
[45] Section 372 Obstruction of officers 34
Omit "a warden,". 35
[46] Section 375 Proceedings for offences 36
Omit "before a Warden's Court or" from section 375 (1). 37
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Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 19 Amendment of Mining Act 1992 No 29
[47] Section 375 (3) 1
Omit the subsection. 2
[48] Schedule 1 Public consultation with respect to the granting of 3
assessment leases and mining leases 4
Omit clauses 3 (3) and 10 (3). 5
[49] Schedule 1, clause 23B 6
Omit the clause. Insert instead: 7
23B Consideration of objections to claims concerning significant 8
improvements 9
(1) Unless it is earlier withdrawn, the Director-General must refer 10
any objection made under clause 23A for inquiry and report by a 11
person having such qualifications or experience as may be 12
prescribed by the regulations. 13
(2) At the conclusion of the inquiry into the objection, the person to 14
whom the objection has been referred must furnish the Minister 15
with a report as to his or her findings. 16
(3) Anything in respect of which an objection has been made under 17
clause 23A and which the report declares not to be a significant 18
improvement is taken not to be a significant improvement for the 19
purposes of section 62. 20
[50] Schedule 1, clause 27 21
Omit the clause. Insert instead: 22
27 Consideration of objections 23
In deciding whether or not to invite tenders for a mining lease, or 24
to grant a mining lease, the Minister must take into account any 25
objection made under this Division. 26
[51] Schedule 4 Regulation making powers 27
Omit "wardens," from clause 4 of Schedule 4. 28
[52] Schedule 4, clause 7 29
Omit the clause. 30
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Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Mining Act 1992 No 29 Schedule 19
[53] Schedule 6 Savings, transitional and other provisions 1
Insert at the end of clause 1 (1): 2
Courts and Crimes Legislation Further Amendment Act 3
2008, but only in relation to the amendments made to this 4
Act 5
[54] Schedule 6 6
Insert at the end of the Schedule, with appropriate Part and clause numbers: 7
Part Provisions consequent on enactment of 8
Courts and Crimes Legislation Further 9
Amendment Act 2008 10
Definitions 11
In this Part: 12
2008 amending Act means the Courts and Crimes Legislation 13
Further Amendment Act 2008. 14
abolition date means the date on which Part 15 is substituted by 15
the 2008 amending Act. 16
Abolition of Warden's Courts 17
Each Warden's Court is abolished. 18
Wardens 19
(1) The offices of chief warden and warden are abolished. 20
(2) A person who was a warden immediately before the abolition 21
date does not cease to hold office as a Magistrate merely because 22
of the abolition of the office of warden. 23
Pending proceedings 24
(1) Proceedings commenced before a warden that have not been 25
disposed of before the abolition date are to be dealt with by that 26
person as if the 2008 amending Act had not been enacted and as 27
if that person were still a warden. 28
(2) Proceedings commenced before a Warden's Court that have not 29
been disposed of before the abolition date are to be dealt with by 30
a Local Court as if the 2008 amending Act had not been enacted 31
and as if that Court were a Warden's Court. 32
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Schedule 19 Amendment of Mining Act 1992 No 29
Orders, directions and injunctions 1
Any order, direction or injunction that was made, given or issued 2
by a warden or Warden's Court before the abolition date is taken 3
to have been made, given or issued by the Land and Environment 4
Court and may be enforced accordingly. 5
References to wardens and Wardens' Courts 6
Subject to the regulations, a reference in any Act or instrument to 7
a warden or Warden's Court within the meaning of this Act is to 8
be read as a reference to the Land and Environment Court. 9
[55] Dictionary 10
Omit the definitions of chief warden, warden and Warden's Court. 11
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Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Mining Amendment Act 2008 No 19 Schedule 20
Schedule 20 Amendment of Mining Amendment Act 1
2008 No 19 2
(Section 3) 3
[1] Schedule 1 [213], [228] and [240] 4
Omit "a Warden's Court" wherever occurring in proposed sections 246 (3) (a), 5
246C (1), 267 (1) and 281D. 6
Insert instead "the Land and Environment Court". 7
[2] Schedule 1 [218] 8
Omit the item. 9
[3] Schedule 1 [226], [227] and [228] 10
Omit "a warden" wherever occurring in proposed sections 264 (6), 265 (6), 11
266 (2) (b), 266A (2), 266B (1) and (3) and 267 (3). 12
Insert instead "the Land and Environment Court". 13
[4] Schedule 1 [228] 14
Omit "a warden's" from proposed section 266A (1). 15
Insert instead "the Land and Environment Court's". 16
[5] Schedule 1 [228] 17
Omit "the warden" wherever occurring in proposed section 266B (2) and (4). 18
Insert instead "the Land and Environment Court". 19
[6] Schedule 1 [233] 20
Omit "Warden's Court". Insert instead "Land and Environment Court". 21
[7] Schedule 1 [235] 22
Omit "a warden". Insert instead "the Land and Environment Court". 23
[8] Schedule 1 [246A][246C] 24
Insert after Schedule 1 [246]: 25
[246A] Section 293 Jurisdiction of Land and Environment Court 26
Omit "the Minister or a mining registrar" wherever occurring in section 27
293 (1) (q) (ii) and (iii). 28
Insert instead "a decision-maker". 29
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Schedule 20 Amendment of Mining Amendment Act 2008 No 19
[246B] Section 293 (1) (u) 1
Omit "a mining registrar's". Insert instead "the Director-General's". 2
[246C] Section 293 (1) (v1) and (v2) 3
Insert after section 293 (1) (v): 4
(v1) the review of an order issued under section 5
246 (Forfeiture of mining plant), 6
(v2) the review of payments out of the Mineral 7
Claims Districts Compensation Fund in 8
accordance with any regulations under 9
section 281D, 10
[9] Schedule 1 [248] and [250] 11
Omit the items. 12
[10] Schedule 1 [251] 13
Omit "Omit `, royalty officers'.". Insert instead "Omit the section.". 14
[11] Schedule 1 [258] 15
Omit proposed section 378A. Insert instead: 16
378A Obstruction 17
A person must not, without reasonable excuse, obstruct, hinder or 18
resist any person in the exercise of a function under this Act. 19
Maximum penalty: 1,000 penalty units. 20
[12] Schedule 1 [258] 21
Omit "a Warden's Court or" wherever occurring in proposed section 378H (1) 22
(b) and (2). 23
[13] Schedule 1 [258] 24
Omit proposed section 378H (4). 25
[14] Schedule 1 [258] 26
Omit "or a Warden's Court" wherever occurring in proposed sections 378ZA 27
(3) and (5) and 378ZC (3), 378ZD (4) and 378ZE (1). 28
[15] Schedule 1 [258] 29
Omit "a warden," from proposed section 378ZG (2) (h). 30
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Amendment of Mining Amendment Act 2008 No 19 Schedule 20
[16] Schedule 1 [258] 1
Omit "warden," from proposed section 378ZG (3). 2
[17] Schedule 1 [281A] 3
Insert after Schedule 1 [281]: 4
[281A] Dictionary, definition of "mining registrar" 5
Omit the definition. 6
[18] Schedule 2.4A 7
Insert after Schedule 2.4: 8
2.4A Land and Environment Court Act 1979 No 204 9
Section 21 Class 5--environmental planning and protection 10
summary enforcement 11
Insert after section 21 (hc): 12
(hd) proceedings referred to in section 378H (1) (a) of the 13
Mining Act 1992 in relation to offences arising 14
under that Act, 15
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Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 21 Amendment of Miscellaneous Acts (Local Court) Amendment Act 2007
No 94
Schedule 21 Amendment of Miscellaneous Acts 1
(Local Court) Amendment Act 2007 2
No 94 3
(Section 3) 4
[1] Schedule 1.3 Bail Act 1978 No 161 5
Insert after Schedule 1.3 [2]: 6
[2A] Section 22A Power to refuse to hear bail application 7
Omit section 22A (7). 8
[2] Schedule 2 Amendments replacing "a Local Court" with "the Local 9
Court" 10
Insert in alphabetical order, in Columns 1 and 2 respectively: 11
Confiscation of Proceeds of Crime Act Section 74 (5)
1989 No 90
Criminal Appeal Act 1912 No 16 Sections 5AF (1) (c) and 5DC (1) (c)
Mining Act 1992 No 29 Section 175C (1)
[3] Schedule 2 12
Insert "and (2A) (a)" after "170 (2) (a)" in Column 2 of the matter relating to 13
the Criminal Procedure Act 1986 No 209. 14
[4] Schedule 7 Amendments replacing "Local Courts Act 1982" with "Local 15
Court Act 2007" 16
Insert in alphabetical order, in Columns 1 and 2 respectively: 17
Confiscation of Proceeds of Crime Act Section 74 (5)
1989 No 90
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Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Petroleum (Onshore) Act 1991 No 84 Schedule 22
Schedule 22 Amendment of Petroleum (Onshore) Act 1
1991 No 84 2
(Section 3) 3
[1] Section 3 Definitions 4
Omit the definition of warden from section 3 (1). 5
[2] Section 52 Resolution of objections 6
Omit section 52 (3). 7
[3] Section 69R Review of determination 8
Omit "a Warden's Court" wherever occurring in section 69R (1), (2) (b), (5), 9
(6) and (7). 10
Insert instead "the Land and Environment Court". 11
[4] Section 71 Restrictions on rights of holders of leases over cultivated 12
land 13
Omit "Before any such operations are commenced or works are erected, 14
however, the warden is to assess the amount to be paid as compensation for 15
any loss of or damage to any crop on the land concerned." from section 71 (2). 16
[5] Section 71 (2A) and (2B) 17
Insert after section 71 (2): 18
(2A) Before any such operations are commenced or works are erected, 19
an assessment is to be made as to the amount to be paid as 20
compensation for any loss of or damage to any crop on the land 21
concerned. 22
(2B) The assessment is to be made as agreed between the landholder 23
and the holder of the production lease or, failing agreement, by 24
the Land and Environment Court on the application of either or 25
both of them. 26
[6] Section 72 Restrictions on rights of holders of titles over other land 27
Insert after section 72 (3): 28
(4) If a dispute arises as to whether or not this section applies in a 29
particular case, any party to the dispute may apply to the Land 30
and Environment Court for a determination of the matter. 31
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Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 22 Amendment of Petroleum (Onshore) Act 1991 No 84
[7] Section 73 Disputes between holders of petroleum titles and other 1
persons carrying on operations on the land 2
Omit section 73 (2)(4). Insert instead: 3
(2) In the circumstances referred to in subsection (1), any party to the 4
dispute may apply to the Land and Environment Court for a 5
determination of the matter. 6
[8] Section 102 7
Omit the section. Insert instead: 8
102 Compensation for damage 9
The Minister must pay compensation for any loss or damage 10
caused by any person in the exercise under this Part of any power 11
to enter premises, but not if the loss or damage is caused because 12
the occupier obstructed, hindered or restricted the person in the 13
exercise of that power. 14
[9] Section 108 Parties to agree as to compensation 15
Omit "warden" and "warden's" from section 108 (2). 16
Insert instead "Land and Environment Court" and "Court's", respectively. 17
[10] Section 109 Measure of compensation 18
Omit "warden" wherever occurring in section 109 (1), (2) (b) and (3). 19
Insert instead "Land and Environment Court". 20
[11] Section 110 21
Omit the section. Insert instead: 22
110 Manner of assessment 23
(1) If compensation is assessed under this Act by the Land and 24
Environment Court, the assessment is to be made in the manner 25
prescribed by the regulations and after notice to the persons who 26
appear to the Court to be interested in the assessment. 27
(2) In making any such assessment, the Land and Environment 28
Court: 29
(a) may deal with the matter at any time and place fixed by the 30
Court, and 31
(b) may make the assessment in the absence of any persons 32
interested who appear to the Court to have been duly 33
notified, and 34
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Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Petroleum (Onshore) Act 1991 No 84 Schedule 22
(c) may adjourn the hearing to any time and place, subject to 1
such terms as to costs or otherwise as the Court thinks fit. 2
(3) The amount so assessed is to be paid, by the person adjudged 3
liable to pay it, into the Land and Environment Court within the 4
time specified by the Court and is from time to time, as may be 5
thought necessary by the Court, to be paid out of court on the 6
application of any person entitled to it. 7
(4) If the amount so assessed is not paid into court within the time 8
specified by the Land and Environment Court, the petroleum title 9
of the holder, or the easement or right of way granted to the 10
person, liable to make the payment may be cancelled or revoked, 11
as the case may be. 12
(5) If, after 6 months and before 12 months from the determination 13
of a petroleum title, or the revocation of an easement or right of 14
way, under this section, the whole or any part of an amount so 15
paid into court: 16
(a) has not been paid out under this section, and 17
(b) has not been ordered to be paid out, 18
any person who has paid the amount into court may apply to the 19
Land and Environment Court for the payment out to him or her 20
of that amount or part. 21
(6) The Land and Environment Court may order the amount or part 22
to be paid accordingly. 23
(7) After the expiration of the 12-month period the Land and 24
Environment Court may cause the amount or part to be paid into 25
the Treasury and carried to the Consolidated Fund. 26
[12] Section 111 Additional assessment 27
Omit "warden" where firstly and secondly occurring. 28
Insert instead "Land and Environment Court" and "Court", respectively. 29
[13] Section 112 Appeals from assessments 30
Omit "warden" where firstly and secondly occurring. 31
Insert instead "Land and Environment Court" and "Court", respectively. 32
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Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 22 Amendment of Petroleum (Onshore) Act 1991 No 84
[14] Part 12, heading 1
Omit the heading. Insert instead: 2
Part 12 Administration 3
[15] Section 113 Officers 4
Omit "wardens," wherever occurring in section 113 (1). 5
[16] Section 114 Wardens' Courts 6
Omit the section. 7
[17] Section 115 Jurisdiction of Land and Environment Court 8
Omit the section. Insert instead: 9
115 Jurisdiction of Land and Environment Court 10
(1) The Land and Environment Court has jurisdiction to hear and 11
determine proceedings relating to any of the following matters: 12
(a) any demand concerning the ascertainment and adjustment 13
of boundaries of land held under a petroleum title, or 14
occupied by virtue of an easement or right of way granted 15
under this Act, where such boundaries are in dispute or 16
doubtful--in which case the Court is to ascertain and 17
determine such boundaries by such means as may be found 18
convenient, and may make and give all such orders and 19
directions as may be necessary for the purpose of carrying 20
out or giving effect to its determination, 21
(b) the right to the occupation of areas of land comprised in a 22
petroleum title and the right to or ownership of petroleum 23
and other materials obtained from them, 24
(c) the right to the use of areas of land comprised in an 25
easement or right of way granted under this Act, 26
(d) any encroachments on, infringements of or damage to any 27
land comprised in a petroleum title, 28
(e) any encroachments on, infringements of or damage to an 29
easement or right of way granted under this Act, 30
(f) any demand for debt or damages or both arising out of or 31
made in respect of any contract whatever relating to the 32
search for or mining of petroleum, 33
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Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Petroleum (Onshore) Act 1991 No 84 Schedule 22
(g) the right to any petroleum in or to be taken out of any land 1
comprised in a petroleum title or in respect of any matter 2
concerning or arising out of any contract relating to any 3
such petroleum, 4
(h) any demand concerning or arising out of any partnership or 5
joint venture for or in relation to the search for or mining 6
of petroleum in any land comprised in or held under any 7
petroleum title, easement or right of way granted under this 8
Act, or any partnership or joint venture in any such land, or 9
in any works, machinery or petroleum, or concerning or 10
arising out of any contract for or in connection with any 11
such search or mining, or for the dissolution wholly or in 12
part of any such partnership or joint venture, 13
(i) any demand concerning contributions to calls or to the 14
expense of working or using any such land or works or any 15
share or interest in any such contributions, 16
(j) any demand concerning or arising out of any mortgage or 17
assignment by way of security of or charge on any such 18
land, works, machinery, petroleum or any share or interest 19
in any such mortgage or assignment, 20
(k) any demand concerning the cancellation and delivery up of 21
instruments relating to: 22
(i) mortgages, charges or encumbrances of or on any 23
such land, works, machinery or petroleum, or any 24
share or interest in them, or 25
(ii) any assignment of such mortgages, charges and 26
encumbrances, or 27
(iii) any contract respecting the working or use of any 28
such land, works or machinery or any partnership or 29
joint venture for or in relation to the search for or 30
mining of petroleum or the total or partial 31
dissolution of any such partnership or joint venture, 32
(l) any money claimed to be due on any account relating to a 33
partnership or joint venture for or in relation to the search 34
for or mining of petroleum or in any way accruing to the 35
complainant from any such partnership or joint venture, or 36
any adventure or interest, 37
(m) any question or dispute as to: 38
(i) the validity of a petroleum title, or 39
(ii) the decision of the Minister in relation to an 40
application for the granting, renewal or transfer of a 41
petroleum title, or 42
Page 61
Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 22 Amendment of Petroleum (Onshore) Act 1991 No 84
(iii) the decision of the Minister to cancel a petroleum 1
title, 2
(n) the recovery of any money which any person is liable to 3
pay under this Act or the regulations and for which no 4
other mode of recovery is provided under this Act or the 5
regulations, 6
(o) all questions and disputes which may arise: 7
(i) between holders of petroleum titles, or 8
(ii) between holders of petroleum titles and landholders, 9
(p) all questions or disputes which may arise as to operations 10
on or the working or management of the land comprised in 11
a petroleum title, 12
(q) any other matter in respect of which jurisdiction is 13
conferred on the Court by this Act. 14
(2) Nothing in this section limits or restricts the jurisdiction 15
conferred on any other court by any other Act or law. 16
[18] Section 116 Inquiry may be directed 17
Omit the section. 18
[19] Section 127 Minister or officer not to be interested in petroleum title 19
Omit "warden," from section 127 (1). 20
[20] Section 136 Other offences 21
Omit "the warden or" and "or by the warden" from section 136 (1) (a). 22
[21] Section 137 Proceedings for offences 23
Omit "before a Warden's Court or" from section 137 (1). 24
[22] Section 137 (3) 25
Omit the subsection. 26
[23] Schedule 1 Savings and transitional provisions 27
Insert at the end of clause 2 (1) (b): 28
Courts and Crimes Legislation Further Amendment Act 2008, 29
but only in relation to the amendments made to this Act 30
Page 62
Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Pharmacy Practice Act 2006 No 59 Schedule 23
Schedule 23 Amendment of Pharmacy Practice Act 1
2006 No 59 2
(Section 3) 3
Section 113 Chairperson and Deputy Chairpersons of Tribunal 4
Omit "Australian legal practitioner" and "Australian legal practitioners" from 5
section 113 (1). 6
Insert instead "Australian lawyer" and "Australian lawyers", respectively. 7
Page 63
Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 24 Amendment of Protected Estates Act 1983 No 179
Schedule 24 Amendment of Protected Estates Act 1
1983 No 179 2
(Section 3) 3
[1] Section 15 Notice that person's capability to manage affairs will be 4
considered 5
Omit "a Magistrate". Insert instead "the MHRT". 6
[2] Section 15 (b) 7
Omit "Magistrate". Insert instead "MHRT". 8
[3] Section 16 Consideration of capability of patients to manage affairs 9
Omit "a Magistrate" from section 16 (1). Insert instead "the MHRT". 10
[4] Section 16 (1) 11
Omit "the Magistrate". Insert instead "the MHRT". 12
[5] Section 16 (2) 13
Omit the subsection. Insert instead: 14
(2) For the purposes of determining whether or not to make an order 15
under subsection (1), the MHRT may defer the question of a 16
person's capability to manage their own affairs pending the 17
provision to the MHRT of information about the detained person 18
or the detained person's affairs. 19
[6] Section 17 Consideration by MHRT of capability of patients to manage 20
affairs 21
Omit the section. 22
[7] Section 19 Subsequent applications 23
Omit "a Magistrate or" from section 19 (2). 24
[8] Section 20 Interim orders 25
Omit "A Magistrate or the MHRT may, if it appears to the Magistrate or 26
MHRT" from section 20 (1). 27
Insert instead "The MHRT may, if it appears to the MHRT". 28
[9] Section 21 Appeals to Court against management orders 29
Omit "a Magistrate or" from section 21 (1). 30
Page 64
Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Protected Estates Act 1983 No 179 Schedule 24
[10] Section 21A Appeals to ADT against estate management orders made by 1
MHRT 2
Omit "a Magistrate or" from section 21A (1). 3
[11] Section 21B Notice of reasons for orders and appeal rights 4
Omit "a Magistrate or" from section 21B (1). 5
[12] Section 21B 6
Omit "the Magistrate or" wherever occurring. Insert instead "the". 7
[13] Section 23 Management of estates of persons who are protected 8
persons 9
Omit "a Magistrate". Insert instead "the MHRT". 10
Page 65
Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 25 Amendment of Public Defenders Act 1995 No 28
Schedule 25 Amendment of Public Defenders Act 1
1995 No 28 2
(Section 3) 3
[1] Schedule 1 Provisions relating to Public Defenders 4
Omit clause 5. Insert instead: 5
5 Vacation of office 6
(1) An Officer vacates office if the person: 7
(a) dies, or 8
(b) resigns the office by instrument in writing addressed to the 9
Governor, or 10
(c) reaches the age of 65 years, or 11
(d) ceases to be an Australian lawyer, or 12
(e) is removed from office by the Governor under subclause 13
(2), (3) or (4). 14
(2) An Officer who fails, without reasonable excuse, to comply with 15
clause 6 is to be removed from office by the Governor. 16
(3) The Governor may remove an Officer from office for incapacity, 17
incompetence, misbehaviour or unsatisfactory performance. 18
(4) The Governor may also remove an Officer from office if the 19
Officer: 20
(a) becomes bankrupt, applies to take the benefit of any law 21
for the relief of bankrupt or insolvent debtors, compounds 22
with his or her creditors or makes an assignment of his or 23
her remuneration for their benefit, or 24
(b) becomes a mentally incapacitated person, or 25
(c) absents himself or herself from duty for 14 days (whether 26
or not wholly or partly consecutive) in any period of 12 27
months, except on leave granted by the Attorney General 28
or unless the absence is occasioned by illness or other 29
unavoidable cause, or 30
(d) is convicted in New South Wales of an offence that is 31
punishable by imprisonment for 12 months or more, or 32
(e) is convicted elsewhere than in New South Wales of an 33
offence that if committed in New South Wales would be an 34
offence so punishable. 35
Page 66
Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Public Defenders Act 1995 No 28 Schedule 25
(5) Anything done or purporting to have been done by the Officer 1
after the Officer reaches the age of 65 years is nevertheless as 2
valid as if the Officer had not reached that age. 3
[2] Schedule 1, clause 5A 4
Insert before clause 6: 5
5A Suspension from duty pending decision in relation to misconduct 6
(1) If of the opinion that there may be grounds for an Officer's 7
removal from office, the Senior Public Defender may suspend the 8
Officer from duty pending a decision being made as to whether 9
or not he or she should be so removed. 10
(2) If the Senior Public Defender so directs, any salary payable to the 11
Officer in relation to the period during which he or she is under 12
suspension is to be withheld. 13
(3) If the Officer is removed from office, any salary so withheld is 14
forfeited to the State unless the Senior Public Defender otherwise 15
directs. 16
(4) A suspension imposed under this clause may be removed by the 17
Senior Public Defender at any time. 18
Page 67
Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 26 Amendment of Supreme Court Act 1970 No 52
Schedule 26 Amendment of Supreme Court Act 1970 1
No 52 2
(Section 3) 3
Section 37 Acting Judges 4
Omit section 37 (4) and (4A). Insert instead: 5
(4) A retired Judge of the Court or of another court in New South 6
Wales (including a retired judicial member of the Industrial 7
Commission or of the Industrial Relations Commission) may be 8
so appointed if: 9
(a) in the case of a Judge who retired as a Judge on reaching 10
the age of 72 years, the appointment does not extend 11
beyond the day on which he or she reaches the age of 77 12
years, or 13
(b) in the case of a Judge who retired as a Judge before 14
reaching the age of 72 years, the appointment does not 15
extend beyond the day on which he or she reaches the age 16
of 75 years. 17
(4A) A retired Judge of the Federal Court of Australia or of the 18
Supreme Court of another State or Territory may be so appointed 19
if: 20
(a) in the case of a Judge who retired as a Judge on reaching 21
the age of 70 years, the appointment does not extend 22
beyond the day on which he or she reaches the age of 77 23
years, or 24
(b) in the case of a Judge who retired as a Judge before 25
reaching the age of 70 years, the appointment does not 26
extend beyond the day on which he or she reaches the age 27
of 75 years. 28
Page 68
Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of Surveillance Devices Act 2007 No 64 Schedule 27
Schedule 27 Amendment of Surveillance Devices Act 1
2007 No 64 2
(Section 3) 3
[1] Section 7 Prohibition on installation, use and maintenance of listening 4
devices 5
Insert after section 7 (2) (e): 6
(f) the use of a listening device, being a device integrated into 7
a Taser issued to a member of the NSW Police Force, to 8
record the operation of the Taser and the circumstances 9
surrounding its operation. 10
[2] Section 8 Installation, use and maintenance of optical surveillance 11
devices without consent 12
Insert after section 8 (2) (d): 13
(e) the use of an optical surveillance device, being a device 14
integrated into a Taser issued to a member of the NSW 15
Police Force, to record the operation of the Taser and the 16
circumstances surrounding its operation. 17
[3] Section 21 What a surveillance device warrant authorises 18
Insert "or the vehicle" after "access to the premises" in section 21 (2) (a) (ii). 19
[4] Section 21 (2) (b) (ii) and (c) (ii) 20
Insert "or the vehicle" after "access to those premises" wherever occurring. 21
[5] Section 29 What a retrieval warrant authorises 22
Insert "or the vehicle" after "access to those premises" in section 29 (1) (b). 23
Page 69
Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 28 Amendment of Young Offenders Act 1997 No 54
Schedule 28 Amendment of Young Offenders Act 1
1997 No 54 2
(Section 3) 3
[1] Section 22 Explanations to children 4
Omit "16 years" from section 22 (2) (c). Insert instead "14 years". 5
[2] Section 39 Explanations to children 6
Omit "16 years" from section 39 (2) (c). Insert instead "14 years". 7
Page 70
Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of other Acts and instruments consequent on abolition of Schedule 29
Wardens' Courts
Schedule 29 Amendment of other Acts and 1
instruments consequent on abolition of 2
Wardens' Courts 3
(Section 3) 4
29.1 Civil Procedure Act 2005 No 28 5
Schedule 1 Application of Act 6
Omit "3 or 4" from the matter in Column 2 relating to the Land and 7
Environment Court. 8
Insert instead "3, 4 or 8". 9
29.2 Court Security Act 2005 No 1 10
Section 4 Definitions 11
Omit paragraph (i) of the definition of court in section 4 (1). 12
29.3 Crimes (Appeal and Review) Act 2001 No 120 13
Section 3 Definitions 14
Omit paragraph (b) of the definition of Local Court in section 3 (1). 15
29.4 Criminal Procedure Act 1986 No 209 16
[1] Section 3 Definitions 17
Omit the definition of Warden's Court in section 3 (1). 18
[2] Section 28 Application of Part and definition 19
Omit "a warden of a Warden's Court," from the definition of Judge in section 20
28 (2). 21
[3] Section 45 Application of Chapter and definitions 22
Omit ", a warden of a Warden's Court" from the definition of Magistrate in 23
section 45 (2). 24
[4] Section 170 Application 25
Omit section 170 (2) (d). 26
[5] Section 170 (2A) (e) 27
Omit the paragraph. 28
Page 71
Courts and Crimes Legislation Further Amendment Bill 2008
Schedule 29 Amendment of other Acts and instruments consequent on abolition of
Wardens' Courts
[6] Section 171 Definitions 1
Omit "a Mining Warden," from the definition of Magistrate. 2
[7] Section 171, definition of "registrar" 3
Omit paragraph (d) of the definition. 4
[8] Section 275 Definitions 5
Omit "a warden of a Warden's Court," from the definition of Judge. 6
[9] Section 312 Persons arrested under bench warrants 7
Omit section 312 (3). Insert instead: 8
(3) In this section: 9
Judge includes a Magistrate, a Children's Court Magistrate, the 10
President or a judicial member of the Industrial Relations 11
Commission and an Industrial Magistrate and any other person of 12
a class prescribed for the purposes of this definition. 13
29.5 Freedom of Information Regulation 2005 14
Schedule 3 Public authorities 15
Omit the matter relating to Mining Warden in Part 3. 16
29.6 Independent Commission Against Corruption Act 1988 17
No 35 18
Section 18 Court proceedings 19
Omit "warden," from section 18 (1). 20
29.7 Police Integrity Commission Act 1996 No 28 21
Section 21 Court proceedings 22
Omit "warden," from section 21 (1). 23
Page 72
Courts and Crimes Legislation Further Amendment Bill 2008
Amendment of other Acts and instruments consequent on abolition of Schedule 29
Wardens' Courts
29.8 Public Trustee Act 1913 No 19 1
Section 36G Investment in common fund of money paid into court 2
Insert after section 36G (4) (a): 3
(a1) the Land and Environment Court, 4
29.9 Royal Commission (Police Service) Act 1994 No 60 5
Section 38 Effect of pending proceedings 6
Omit "warden," from section 38 (1). 7
29.10 Very Fast Train (Route Investigation) Act 1989 No 44 8
[1] Section 19 Determination of claim for compensation 9
Omit "a Warden's Court" from section 19 (1). 10
Insert instead "the Land and Environment Court". 11
[2] Section 19 (2) 12
Omit "A Warden's Court". Insert instead "The Land and Environment Court". 13
[3] Section 19 (7) 14
Omit the subsection. 15
[4] Section 20 Delegation 16
Omit section 20 (b). 17
Page 73
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