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Courts Legislation Amendment Act
1999 No 39
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Acts 2
Schedules
1 Amendment of Criminal Appeal Act 1912 No 16 3
2 Amendment of Industrial Relations Act 1996 No 17 4
3 Amendment of Jury Act 1977 No 18 5
4 Amendment of Justices Act 1902 No 27 9
5 Amendment of Land and Environment Court Act 1979 No
204 21
6 Amendment of Local Courts (Civil Claims) Act 1970 No
11 23
7 Amendment of Supreme Court Act 1970 No 52 24
8 Amendment of Wills, Probate and Administration Act 1898
No 13 26
[28]
New South Wales
Courts Legislation Amendment Act
1999 No 39
Act No 39, 1999
An Act to make miscellaneous amendments to the Criminal Appeal Act 1912, the
Industrial Relations Act 1996, the Jury Act 1977, the Justices Act 1902, the Land
and Environment Court Act 1979, the Local Courts (Civil Claims) Act 1970, the
Supreme Court Act 1970 and the Wills, Probate and Administration Act 1898.
[Assented to 8 July 1999]
Section 1 Courts Legislation Amendment Act 1999 No 39
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Courts Legislation Amendment Act 1999.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Acts
The Acts specified in Schedules 18 are amended as set out in those
Schedules.
Page 2
Courts Legislation Amendment Act 1999 No 39
Amendment of Criminal Appeal Act 1912 No 16 Schedule 1
Schedule 1 Amendment of Criminal Appeal Act 1912
No 16
(Section 3)
Section 5F Appeal against interlocutory judgment or order
Insert after section 5F (6):
(7) A person may not appeal to the Court of Criminal Appeal
under this section against an interlocutory judgment or order if
the person has instituted an appeal against the interlocutory
judgment or order to the Supreme Court under Part 5 of the
Justices Act 1902.
Page 3
Courts Legislation Amendment Act 1999 No 39
Schedule 2 Amendment of Industrial Relations Act 1996 No 17
Schedule 2 Amendment of Industrial Relations Act
1996 No 17
(Section 3)
Section 19 Review of awards
Omit section 19 (1). Insert instead:
(1) The Commission is required to review each award before
September 2001 and subsequently at least once in every 3
years.
Page 4
Courts Legislation Amendment Act 1999 No 39
Amendment of Jury Act 1977 No 18 Schedule 3
Schedule 3 Amendment of Jury Act 1977 No 18
(Section 3)
[1] Section 13 Persons included on supplementary jury roll to be notified
Omit section 13 (1) (c) and (d). Insert instead:
(c) containing a questionnaire that is required to be
completed by the person if:
(i) the person is disqualified or ineligible or claims
exemption, or
(ii) the particulars of the person appearing on the
questionnaire have changed, or
(iii) the person is otherwise required by the sheriff in
the notice to complete the questionnaire, and
(d) requiring the person, if required to complete the
questionnaire, to complete it and return it to the sheriff,
within the time specified in the notice.
[2] Section 18A
Insert after section 18:
18A Sheriff may excuse persons from jury service before being
summoned
(1) The sheriff may, at any time before a person on a jury roll or
supplementary jury roll is required by summons to attend for
jury service, excuse the person from attending for jury service
if the person shows good cause to be excused from attending
for jury service because of any matter of special importance or
any matter of special urgency.
(2) A person may be excused under this section for the whole or
any part of the period during which the person may be
summoned to attend for jury service because of the person
being included on a jury roll.
Page 5
Courts Legislation Amendment Act 1999 No 39
Schedule 3 Amendment of Jury Act 1977 No 18
(3) A person does not have good cause to be excused under this
section on the ground that the person is entitled as of right to be
exempted from serving as a juror if the person was entitled, but
without reasonable excuse failed, to claim an exemption under
section 13.
(4) The sheriff may require a person to verify a request to be
excused under this section by statutory declaration.
(5) If the sheriff excuses a person from attending for jury service
for any period under this section, the sheriff is to make a record
of that fact.
[3] Section 42A
Insert after section 42:
42A Peremptory challenges in civil proceedings
In any civil proceedings, each party to the proceedings has the
number of peremptory challenges without restriction that is
equal to half the number of jurors required to constitute the jury
for trial.
[4] Section 45 Time for making challenge to juror
Omit ", or a challenge for cause to a juror in civil proceedings," from
section 45 (1).
Insert instead "or in civil proceedings".
[5] Section 45 (1A)
Insert "or in civil proceedings" after "criminal proceedings".
[6] Section 49 Balloting for jury in civil proceedings
Omit "for cause" from section 49 (3).
Page 6
Courts Legislation Amendment Act 1999 No 39
Amendment of Jury Act 1977 No 18 Schedule 3
[7] Section 61 Offences relating to responding to questionnaire
Omit section 61 (1). Insert instead:
(1) A person who is sent a notice under section 13 about the
person's inclusion on a supplementary jury roll and who is
required to return to the sheriff the questionnaire included in
the notice must not, except with good cause, fail to do so
within the time specified in the notice.
[8] Section 63 Failure to attend for jury service
Omit "5 penalty units" from section 63 (1).
Insert instead "20 penalty units".
[9] Section 63 (3)
Insert after section 63 (2):
(3) It is a defence to a prosecution for an offence under this section
if the person prosecuted proves that the person had a
reasonable excuse for his or her failure to attend for jury
service.
[10] Section 64 Procedure where failure to attend for jury service
Omit "(not exceeding 2 penalty units) prescribed" from section 64 (2) (a).
Insert instead "equal to 10 penalty units".
[11] Section 64 (4)
Omit "prescribed".
[12] Section 64 (5)(6)
Omit "prescribed" wherever occurring. Insert instead "relevant".
[13] Section 66 Penalty notices for failure to attend jury service
Omit section 66 (2). Insert instead:
(2) A penalty notice is a notice to the effect that, if the person
served does not wish to have the alleged contravention of
section 61 or 63 dealt with by a court, the person may pay,
Page 7
Courts Legislation Amendment Act 1999 No 39
Schedule 3 Amendment of Jury Act 1977 No 18
within the time and to the person specified in the notice, the
penalty of:
(a) in the case of an alleged contravention of section 61--5
penalty units, or
(b) in the case of an alleged contravention of section
63--15 penalty units.
[14] Section 66 (3)
Omit "penalty prescribed". Insert instead "relevant penalty".
[15] Section 66 (5)
Omit the subsection.
[16] Schedule 1 Persons disqualified from serving as jurors
Omit "5 years" from item 2. Insert instead "3 years".
[17] Schedule 8 Transitional and savings provisions
Insert at the end of clause 1A (1):
Courts Legislation Amendment Act 1999
[18] Schedule 8, Part 6
Insert after Part 5 of Schedule 8:
Part 6 Transitional and savings provisions
consequent on enactment of Courts
Legislation Amendment Act 1999
15 Peremptory challenges in civil proceedings
Section 42A, as inserted by the Courts Legislation Amendment
Act 1999, applies only in respect of civil proceedings for which
a jury is selected after the commencement of this clause.
Page 8
Courts Legislation Amendment Act 1999 No 39
Amendment of Justices Act 1902 No 27 Schedule 4
Schedule 4 Amendment of Justices Act 1902 No 27
(Section 3)
[1] Section 48 Definitions
Insert after section 48 (2):
(3) In this Subdivision:
(a) a reference to a written statement includes a reference to
the transcript of a recording made by an investigating
official of an interview with a child, during which the
child was questioned by the investigating official in
connection with the investigation of the commission or
possible commission of an offence (as referred to in the
Evidence (Children) Act 1997), and
(b) a reference to the person who made such a written
statement is taken to be a reference to the child who
gave the interview.
[2] Section 48CA
Insert after section 48C:
48CA Special requirements as to transcripts of recordings of
interviews with children
(1) A written statement that is in the form of a transcript of a
recording of an interview with a child is not admissible as
evidence under section 48A in any committal proceedings
unless:
(a) it has been certified by an investigating official as an
accurate transcript of the recording to which the
statement relates, and
(b) the defendant has been given, in accordance with the
regulations under section 12 (2) of the Evidence
(Children) Act 1997, a reasonable opportunity to listen
to and, in the case of a video recording, view the
recording.
(2) Section 48C (1) (a), (c), (e) and (f) do not apply to any such
written statement.
Page 9
Courts Legislation Amendment Act 1999 No 39
Schedule 4 Amendment of Justices Act 1902 No 27
(3) In any committal proceedings, it is, for the purposes of this
Subdivision, to be presumed, in the absence of evidence to the
contrary, that a signature on such a written statement purporting
to or appearing to be that of an investigating official is in fact
the signature of that person.
(4) Nothing in this Subdivision requires the informant to serve on
the defendant a copy of a recording of an interview with a child
(other than a transcript of the recording).
(5) In this section:
investigating official has the same meaning as in the Evidence
(Children) Act 1997.
recording of an interview with a child means a recording made
by an investigating official of an interview with a child, during
which the child was questioned by the investigating official in
connection with the investigation of the commission or possible
commission of an offence (as referred to in the Evidence
(Children) Act 1997).
Note. The Evidence (Children) Act 1997 allows children to give evidence
of a previous representation in the form of a recording made by an
investigating official of an interview with the child. Section 12 (2) of that Act
provides that such evidence is not to be admitted unless the accused
person and his or her lawyer have been given a reasonable opportunity
to listen to or view the recording.
[3] Section 66CA
Insert after section 66C:
66CA Recordings of interviews with children
(1) If the prosecution intends to call a child to give evidence in
proceedings for a prescribed summary offence, the brief of
evidence relating to the offence may include a transcript of a
recording made by an investigating official of an interview with
the child, during which the child was questioned by the
investigating official in connection with the investigation of the
commission or possible commission of the offence (as referred
to in the Evidence (Children) Act 1997).
(2) A copy of the transcript of the recording must be certified by an
investigating official as an accurate transcript of the recording
and served on the defendant in accordance with section 66B.
Page 10
Courts Legislation Amendment Act 1999 No 39
Amendment of Justices Act 1902 No 27 Schedule 4
(3) A brief of evidence that includes a transcript of a recording of
an interview with a child is not required to also include a
written statement from the child concerned.
(4) The transcript of the recording is taken, for the purposes of this
Subdivision, to be a written statement taken from the child.
Accordingly, any document or other thing identified in the
transcript as a proposed exhibit forms part of the brief of
evidence.
(5) Nothing in this Subdivision requires the prosecuting authority
to serve on the defendant a copy of the actual recording made
by an investigating official of an interview with the child.
(6) This section does not affect section 12 (2) of the Evidence
(Children) Act 1997.
(7) In this section:
investigating official has the same meaning as in the Evidence
(Children) Act 1997.
Note. The Evidence (Children) Act 1997 allows children to give evidence
of a previous representation in the form of a recording made by an
investigating official of an interview with the child. Section 12 (2) of that Act
provides that such evidence is not to be admitted unless the accused
person and his or her lawyer have been given a reasonable opportunity
to listen to or view the recording.
[4] Section 100P Application prohibited if decision has been appealed to
another court
Insert "or under the Industrial Relations Act 1996 to the Industrial Relations
Commission in Court Session" after "Land and Environment Court".
[5] Section 101 Definitions
Insert in alphabetical order:
environmental offence means an offence against the
environment protection legislation as defined in the Protection
of the Environment Administration Act 1991.
[6] Section 102 Application of Part generally
Insert ", except in relation to committal proceedings (as provided for by
section 104 (3))" after "Magistrate" in section 102 (5).
Page 11
Courts Legislation Amendment Act 1999 No 39
Schedule 4 Amendment of Justices Act 1902 No 27
[7] Section 104 When an appeal can be made by a defendant or other
person
Insert at the end of section 104 (1):
This subsection does not apply in respect of an order that is
made in relation to committal proceedings or an interlocutory
order.
[8] Section 104 (2)
Omit the subsection. Insert instead:
(2) Appeals by informants
An informant may appeal under this Division to the Supreme
Court against the following, on a ground that involves a
question of law alone:
(a) an order made by a Magistrate that stays summary
proceedings for the prosecution of an offence,
(b) an order made by a Magistrate in summary proceedings
dismissing an information or complaint,
(c) an order for costs made by a Magistrate in summary
proceedings,
(d) a sentence imposed by a Magistrate in summary
proceedings.
[9] Section 104
Insert after section 104 (2):
(3) Appeals in relation to committal proceedings
A defendant or an informant may appeal under this Division to
the Supreme Court against any order that is made in relation to
committal proceedings, on a ground that involves a question of
law alone, but only with the leave of the Supreme Court.
(4) Appeals in relation to interlocutory orders
A defendant or an informant may appeal under this Division to
the Supreme Court against any interlocutory order that is made
by a Magistrate in summary proceedings, on a ground that
involves a question of law alone, but only with the leave of the
Supreme Court.
Page 12
Courts Legislation Amendment Act 1999 No 39
Amendment of Justices Act 1902 No 27 Schedule 4
(5) Appeals by parties to civil proceedings
A party to any proceedings under the Local Courts (Civil
Claims) Act 1970 may appeal under this Division to the
Supreme Court as provided for by section 69 of that Act.
[10] Section 104A
Insert after section 104:
104A Appeals in relation to environmental offences to be heard only
with leave
(1) Despite section 104, a person may not appeal to the Supreme
Court against a conviction or order made, or sentence imposed,
by a Magistrate in proceedings relating to an environmental
offence, except with the leave of the Supreme Court.
(2) The Supreme Court is to give such leave only if it is of the
opinion that the appeal is likely to require the resolution of a
matter relating to constitutional law or a matter of general
application.
Note. Appeals in relation to environmental offences may be made to the
Land and Environment Court (see Division 3A of Part 5B). Section 72 of
the Land and Environment Court Act 1979 allows the Supreme Court to
transfer proceedings to the Land and Environment Court.
[11] Section 105 Appeals against interlocutory orders of Magistrates
Omit the section.
[12] Section 107 Stay of execution of conviction, order or sentence pending
appeal
Insert after section 107 (5):
(6) In this section, a reference to an appellant who is in custody
includes a reference to person who is the subject of an order for
periodic detention under the Periodic Detention of Prisoners
Act 1981 or a home detention order within the meaning of the
Home Detention Act 1996.
Page 13
Courts Legislation Amendment Act 1999 No 39
Schedule 4 Amendment of Justices Act 1902 No 27
[13] Section 113 Limits on appeals
Omit section 113 (2) (b) (ii). Insert instead:
(ii) refused leave to appeal on a question of mixed
law and fact, or
(iii) refused leave to appeal in proceedings relating to
an environmental offence.
[14] Section 113 (3)
Insert after section 113 (2):
(3) A person may not appeal to the Supreme Court under this
Division against any interlocutory judgment or order that may
be appealed to the Court of Criminal Appeal under section 5F
of the Criminal Appeal Act 1912, if the person has instituted an
appeal to the Court of Criminal Appeal under that section.
[15] Section 115 Appeals in relation to committal proceedings
Omit the section.
[16] Section 123 Matters in which an appeal can be made only with leave of
District Court
Insert after section 123 (1):
(1A) An appeal may be made against an apprehended violence order
under Part 15A of the Crimes Act 1900 that was made with the
consent of the person against whom the order was made only
with the leave of the District Court.
[17] Section 127 Stay of execution of conviction, order or sentence pending
appeal
Insert after section 127 (5):
(6) In this section, a reference to an appellant who is in custody
includes a reference to person who is the subject of an order for
periodic detention under the Periodic Detention of Prisoners
Act 1981 or a home detention order within the meaning of the
Home Detention Act 1996.
Page 14
Courts Legislation Amendment Act 1999 No 39
Amendment of Justices Act 1902 No 27 Schedule 4
[18] Section 131A
Insert after section 131:
131A Appeals against sentence to be by way of rehearing of evidence
An appeal against the severity of a sentence is to be by way of
a rehearing of the evidence heard before the Magistrate who
imposed the sentence, and new evidence or evidence in
addition to, or in substitution for, the evidence given in relation
to the sentence appealed against may be given on appeal.
[19] Section 132 Appeals against conviction or order to be by way of
rehearing on the transcripts of evidence
Omit section 132 (1). Insert instead:
(1) An appeal against any conviction or order made by a
Magistrate is to be by way of rehearing on the transcripts of
evidence heard before the Magistrate, except as provided by
section 133.
[20] Section 132 (3)
Omit "On an appeal". Insert instead "On such an appeal".
[21] Section 132 (5)
Insert after section 132 (4):
(5) A registrar is also required, at the request of an appellant or
respondent, to provide one copy of the transcript of evidence of
any witness free of charge to the appellant or respondent, if the
registrar has been provided with a copy of the transcript by a
clerk of the Local Court.
Note. On receiving notice of an appeal the clerk of a Local Court is
required to transmit the relevant papers to a registrar for keeping in the
records of the District Court (see section 126 (4)).
[22] Section 133 Circumstances when evidence to be given in person
Insert "referred to in section 132" after "appeal proceedings" in section 133
(1).
Page 15
Courts Legislation Amendment Act 1999 No 39
Schedule 4 Amendment of Justices Act 1902 No 27
[23] Section 133X Application of Part generally
Insert ", except in relation to committal proceedings (as provided for by
Division 3A)" after "Magistrate" in section 133X (5).
[24] Section 133AB Matters in which no appeal can be made
Insert after section 133AB (3):
(4) Appeals under Division 3A
This section does not limit the making of an appeal under
Division 3A.
[25] Section 133AH Stay of execution of conviction, order or sentence
pending appeal
Insert after section 133AH (5):
(6) In this section, a reference to an appellant who is in custody
includes a reference to person who is the subject of an order for
periodic detention under the Periodic Detention of Prisoners
Act 1981 or a home detention order within the meaning of the
Home Detention Act 1996.
[26] Section 133AM Appeal to be by way of rehearing
Insert after section 133AM (4):
(5) The registrar is also required, at the request of an appellant or
respondent, to provide one copy of the transcript of evidence of
any witness free of charge to the appellant or respondent, if the
registrar has been provided with a copy of the transcript by a
clerk of the Local Court.
Note. On receiving notice of an appeal the clerk of a Local Court is
required to transmit the relevant papers to a registrar for keeping in the
records of the Land and Environment Court (see section 133AG (4)).
[27] Part 5B, Division 3, heading
Omit the heading. Insert instead "Division 3 Appeals by Crown against
sentence".
Page 16
Courts Legislation Amendment Act 1999 No 39
Amendment of Justices Act 1902 No 27 Schedule 4
[28] Section 133AT How appeal is made
Omit "District Court" from section 133AT (6). Insert instead "Land and
Environment Court".
[29] Part 5B, Division 3A
Insert after section 133AV:
Division 3A Other appeals to Land and Environment Court
133AVA Other appeals
A person may appeal under this Division to the Land and
Environment Court as provided for by section 133AVB.
133AVB Land and Environment Court to have same jurisdiction as
Supreme Court in relation to appeals on environmental offences
(1) The Land and Environment Court has the same jurisdiction and
powers as the Supreme Court has under Part 5 to hear and
dispose of proceedings on appeal against any conviction or
order made, or sentence imposed, by a Magistrate in summary
proceedings for an environmental offence.
(2) Accordingly, an appeal may be made by a person to the Land
and Environment Court against any conviction or order made,
or sentence imposed, by a Magistrate in summary proceedings
for an environmental offence on any ground that the person
would be able to appeal the conviction, order or sentence under
section 104.
Note. Section 104 allows appeals to be made on a question of law
against interlocutory orders and orders in relation to committal proceedings
(among other things).
(3) The provisions of Division 2 of Part 5 (section 104A excepted)
apply in respect of appeals made to the Land and Environment
Court under this Division, in the same way as they apply to
appeals made to the Supreme Court under that Division, with
any necessary modifications.
Page 17
Courts Legislation Amendment Act 1999 No 39
Schedule 4 Amendment of Justices Act 1902 No 27
(4) For the purpose of applying those provisions, references to the
Supreme Court are to be read as references to the Land and
Environment Court.
133AVC How appeal to be made and conducted
(1) An appeal under this Division is to be made and conducted in
accordance with the rules of the Land and Environment Court.
(2) An appeal is to be made within such period after the date that
the relevant conviction or order is made, or the sentence is
imposed, as may be prescribed by the rules of the Land and
Environment Court.
[30] Section 133BI Limits on appeals
Insert after section 133BI (2):
(3) There is no appeal to the Land and Environment Court under
this Part if there is an appeal to the Supreme Court as referred
to in section 113.
[31] Section 146
Insert after section 145B:
146 No proceedings in the nature of certiorari
No adjudication on appeal of the District Court is to be
removed by any order into the Supreme Court.
[32] Second Schedule Savings, transitional and other provisions
Insert in the Second Schedule, with appropriate Part and clause numbers:
Part Provisions consequent on enactment of
Courts Legislation Amendment Act 1999
Regulations
(1) The regulations may contain provisions of a savings or
transitional nature consequent on the enactment of the Courts
Legislation Amendment Act 1999.
Page 18
Courts Legislation Amendment Act 1999 No 39
Amendment of Justices Act 1902 No 27 Schedule 4
(2) Any such provision may, if the regulations so provide, take
effect from the date of assent to that Act or a later date.
(3) To the extent to which any such provision takes effect from a
date that is earlier than the date of its publication in the Gazette,
the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other
than the State or an authority of the State), the rights of
that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State
or an authority of the State) in respect of anything done
or omitted to be done before the date of its publication.
Use of transcripts of interviews with children
(1) The amendments made to Subdivision 7A of Division 1 of Part
4 by the Courts Legislation Amendment Act 1999 apply only in
respect of committal proceedings that are commenced to be
heard by a Justice or Justices after the commencement of those
amendments.
(2) The amendments to Subdivision 6A of Division 2 of Part 4
made by the Courts Legislation Amendment Act 1999 do not
apply in respect of proceedings for the prosecution of a
prescribed summary offence if the hearing of the evidence for
the prosecution commenced before the commencement of those
amendments.
Review of decisions by Industrial Magistrates
The amendment made to section 100P by the Courts
Legislation Amendment Act 1999 does not apply in respect of
any application made by a person under section 100D or 100G
before the commencement of that amendment.
Amendments to appeal provisions
(1) The amendments made to Part 5 by the Courts Legislation
Amendment Act 1999 do not apply in respect of any conviction
or order made, or sentence imposed, before the commencement
of those amendments.
Page 19
Courts Legislation Amendment Act 1999 No 39
Schedule 4 Amendment of Justices Act 1902 No 27
(2) The amendment made to section 127 by the Courts Legislation
Amendment Act 1999 does not apply in respect of any
conviction or order made, or sentence imposed, before the
commencement of that amendment.
(3) The amendments made to Part 5B by the Courts Legislation
Amendment Act 1999 do not apply in respect of any conviction
or order made, or sentence imposed, before the commencement
of those amendments.
Appeals to District Court against apprehended violence orders
Section 123 (1A), as inserted by the Courts Legislation
Amendment Act 1999, applies only in respect of apprehended
violence orders made under Part 15A of the Crimes Act 1900
after the commencement of that subsection.
Hearing of appeals against sentence by District Court
(1) Section 131A and the amendments made to sections 132 and
133 by the Courts Legislation Amendment Act 1999 apply to
appeals against sentence made to the District Court after the
commencement of section 131A, and so apply even if the
sentence the subject of the appeal was imposed before the
commencement of that section.
(2) Sections 132 and 133, as in force immediately before the
commencement of section 131A, continue to have effect in
respect of appeals against sentence made to the District Court
before that commencement.
Availability of certiorari
Section 146, as inserted by the Courts Legislation Amendment
Act 1999, does not apply in respect of any application made to
the Supreme Court before the commencement of that section.
Page 20
Courts Legislation Amendment Act 1999 No 39
Amendment of Land and Environment Court Act 1979 No 204 Schedule 5
Schedule 5 Amendment of Land and Environment
Court Act 1979 No 204
(Section 3)
[1] Section 16 Jurisdiction of the Court generally
Omit "6" from section 16 (2). Insert instead "7".
[2] Section 19 Class 3--land tenure, valuation, rating and compensation
matters
Omit "and" from section 19 (g1). Insert after that paragraph:
(g2) appeals under section 49F of the Aboriginal Land
Rights Act 1983,
(g3) references under section 49G of the Aboriginal Land
Rights Act 1983, and
[3] Section 20 Class 4--environmental planning and protection and
development contract civil enforcement
Omit section 20 (1) (cl) and (cm).
[4] Section 21A Class 6--appeals from convictions relating to
environmental offences
Insert ", other than appeals under Division 3A of that Part" after "Justices
Act 1902".
[5] Section 21B
Insert after section 21A:
21B Class 7--other appeals relating to environmental offences
The Court has jurisdiction (referred to in this Act as "Class 7"
of its jurisdiction) to hear and dispose of appeals under
Division 3A of Part 5B of the Justices Act 1902.
[6] Section 28 Distribution of business among the Divisions
Insert "or Class 7" after "Class 6" in section 28 (6).
Page 21
Courts Legislation Amendment Act 1999 No 39
Schedule 5 Amendment of Land and Environment Court Act 1979 No 204
[7] Section 33 Exercise of jurisdiction in the Divisions
Omit "and 6" from section 33 (2).
Insert instead ", 6 and 7".
[8] Sections 56 (b), 63 and 69 (9)
Omit "or 6" wherever occurring. Insert instead ", 6 or 7".
[9] Section 74 Rules
Insert after section 74 (1) (a1):
(a2) appeals under Division 3A of Part 5B of the Justices
Act 1902,
[10] Schedule 3 Savings, transitional and other provisions
Insert after clause 2:
3 Provisions consequent on enactment of Courts Legislation
Amendment Act 1999
The amendments made to sections 19 and 20 by the Courts
Legislation Amendment Act 1999 do not apply in relation to
proceedings that have been commenced in the Court (but not
determined) before the commencement of those amendments.
Page 22
Courts Legislation Amendment Act 1999 No 39
Amendment of Local Courts (Civil Claims) Act 1970 No 11 Schedule 6
Schedule 6 Amendment of Local Courts (Civil Claims)
Act 1970 No 11
(Section 3)
[1] Section 12 Limits of jurisdiction
Omit "$3,000 (or such greater amount as the rules may prescribe)" from
section 12 (3).
Insert instead "$10,000".
[2] Section 12 (4)
Omit "$3,000". Insert instead "$10,000".
Page 23
Courts Legislation Amendment Act 1999 No 39
Schedule 7 Amendment of Supreme Court Act 1970 No 52
Schedule 7 Amendment of Supreme Court Act 1970
No 52
(Section 3)
[1] Section 45 Appeals
Omit section 45 (3).
[2] Section 45AA
Insert after section 45:
45AA Continuation of appeal if one or more Judges unable to
continue
(1) If an appeal is commenced before 3 or more Judges of Appeal
and, before the appeal is determined, one or more of the Judges
dies, resigns from office or otherwise becomes unable to
continue as a member of the Court of Appeal for the purposes
of the appeal, the hearing and determination of the appeal may
be completed by the remaining Judges of Appeal so long as at
least 2 Judges remain and the parties consent.
(2) If the appeal concerned is to be heard and determined by only
2 Judges of Appeal and those Judges are divided in opinion:
(a) as to the decision determining the appeal--the appeal is
to be reheard and determined by the Court of Appeal
constituted by such 3 or more Judges of Appeal as the
President of the Court of Appeal directs (including, if
practicable, the 2 Judges of Appeal who completed the
hearing of the appeal), or
(b) as to any other decision--the decision of the Court is to
be in accordance with the opinion of the senior Judge
present.
(3) This section has effect despite any other provision of this
Division.
[3] Section 110B Manner of operation of video link facilities
Omit "of television standard" from section 110B (1).
Page 24
Courts Legislation Amendment Act 1999 No 39
Amendment of Supreme Court Act 1970 No 52 Schedule 7
[4] Section 110B (2)
Omit the subsection. Insert instead:
(2) The rules may make provision for or with respect to the
technical and performance specifications for video link
facilities.
[5] Section 119 Offices of registrars
Omit section 119 (1). Insert instead:
(1) There are such registrars as may be appointed from time to
time, including a Principal Registrar of the Court, a Registrar of
the Court of Appeal, and a Registrar of each Division.
[6] Fourth Schedule Savings and transitional provisions
Insert after clause 13 in the Fourth Schedule:
Part 9 Provisions consequent on enactment of
Courts Legislation Amendment Act 1999
14 Application of amendment
Section 45AA (as inserted by the Courts Legislation
Amendment Act 1999) applies to appeal proceedings in the
Court of Appeal whether the proceedings were commenced
before or after the commencement of the amendment.
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Courts Legislation Amendment Act 1999 No 39
Schedule 8 Amendment of Wills, Probate and Administration Act 1898 No 13
Schedule 8 Amendment of Wills, Probate and
Administration Act 1898 No 13
(Section 3)
Section 3 Definitions
Omit the definition of Registrar. Insert instead:
Registrar means a person who is:
(a) appointed in accordance with section 120 of the
Supreme Court Act 1970, and
(b) nominated by the Principal Registrar of the Supreme
Court for the purposes of this Act.
[Minister's second reading speech made in--
Legislative Council on 2 June 1999
Legislative Assembly on 1 July 1999 pm]
BY AUTHORITY
Page 26
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