New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Crown Law Officers Legislation
Amendment (Retirement Age) Bill 2011
No , 2011
A Bill for
An Act to amend the Director of Public Prosecutions Act 1986, the Crown
Prosecutors Act 1986 and the Public Defenders Act 1995 to increase the retirement
age for the holders of certain statutory offices.
Clause 1 Crown Law Officers Legislation Amendment (Retirement Age) Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crown Law Officers Legislation Amendment 3
(Retirement Age) Act 2011. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Crown Law Officers Legislation Amendment (Retirement Age) Bill 2011
Amendment of Director of Public Prosecutions Act 1986 No 207 Schedule 1
Schedule 1 Amendment of Director of Public 1
Prosecutions Act 1986 No 207 2
[1] Section 36 Savings and transitional provisions 3
Insert after section 36 (5): 4
(6) A person who holds office as a Deputy Director or the Solicitor 5
immediately before the commencement of the Crown Law 6
Officers Legislation Amendment (Retirement Age) Act 2011 and 7
who was appointed for a specified term of office shorter than 8
7 years is taken to have been appointed for a term of 7 years. 9
(7) Subsection (6) does not apply to the term of office of a person 10
appointed to act as a Deputy Director or the Solicitor. 11
(8) The amendments made to this Act by the Crown Law Officers 12
Legislation Amendment (Retirement Age) Act 2011 do not affect 13
any right preserved by this section to hold office beyond a retiring 14
age provided by this Act. 15
[2] Section 37 Regulations 16
Insert after section 37 (2): 17
(3) The regulations may contain provisions of a savings or 18
transitional nature consequent on the enactment of the following 19
Acts: 20
Crown Law Officers Legislation Amendment (Retirement Age) 21
Act 2011 22
(4) Any such provision may, if the regulations so provide, take effect 23
from the date of assent to the Act concerned or a later date. 24
(5) To the extent to which any such provision takes effect from a date 25
that is earlier than the date of its publication on the NSW 26
legislation website, the provision does not operate so as: 27
(a) to affect, in a manner prejudicial to any person (other than 28
the State or an authority of the State), the rights of that 29
person existing before the date of its publication, or 30
(b) to impose liabilities on any person (other than the State or 31
an authority of the State) in respect of anything done or 32
omitted to be done before the date of its publication. 33
[3] Schedule 1 Provisions relating to Senior Officers 34
Omit "65 years" from clause 2A (2). Insert instead "72 years". 35
Page 3
Crown Law Officers Legislation Amendment (Retirement Age) Bill 2011
Schedule 1 Amendment of Director of Public Prosecutions Act 1986 No 207
[4] Schedule 1 1
Omit "(in the case of the Director) or 65 years (in the case of a Deputy Director 2
or the Solicitor)" from clause 4 (1) (c). 3
[5] Schedule 1 4
Omit "(in the case of the Director) or 65 years (in any other case)" from 5
clause 4 (4). 6
Page 4
Crown Law Officers Legislation Amendment (Retirement Age) Bill 2011
Amendment of Crown Prosecutors Act 1986 No 208 Schedule 2
Schedule 2 Amendment of Crown Prosecutors Act 1
1986 No 208 2
[1] Sections 4 (2A), 4A (3), 4B (3) and 9 (1) (c) and (5) 3
Omit "65 years" wherever occurring. Insert instead "72 years". 4
[2] Schedule 2 Savings and transitional provisions 5
Insert at the end of clause 1 (1): 6
Crown Law Officers Legislation Amendment (Retirement Age) 7
Act 2011 8
[3] Schedule 2 9
Insert after clause 6: 10
Part 3 Provisions consequent on enactment of 11
Crown Law Officers Legislation 12
Amendment (Retirement Age) Act 2011 13
7 Application of amendments 14
(1) A person who holds office as a Crown Prosecutor, Senior Crown 15
Prosecutor or Deputy Senior Crown Prosecutor immediately 16
before the commencement of the Crown Law Officers 17
Legislation Amendment (Retirement Age) Act 2011 and who was 18
appointed for a specified term of office shorter than 7 years is 19
taken to have been appointed for a term of 7 years. 20
(2) Subclause (1) does not apply to the term of office of a person 21
appointed to act in any such office. 22
(3) The amendments made to this Act by the Crown Law Officers 23
Legislation Amendment (Retirement Age) Act 2011 (or by the 24
Courts and Crimes Legislation Further Amendment Act 2008) do 25
not affect (and are taken never to have affected) any right 26
preserved by this Schedule to hold office beyond a retiring age 27
provided by this Act. 28
Page 5
Crown Law Officers Legislation Amendment (Retirement Age) Bill 2011
Schedule 3 Amendment of Public Defenders Act 1995 No 28
Schedule 3 Amendment of Public Defenders Act 1
1995 No 28 2
[1] Schedule 1 Provisions relating to Public Defenders 3
Omit "65 years" from clauses 3 and 5 (1) (c) and (5) wherever occurring. 4
Insert instead "72 years". 5
[2] Schedule 3 Savings, transitional and other provisions 6
Insert at the end of clause 1 (1): 7
Crown Law Officers Legislation Amendment (Retirement Age) 8
Act 2011 9
[3] Schedule 3 10
Insert after clause 9: 11
Part 5 Provisions consequent on enactment of 12
Crown Law Officers Legislation 13
Amendment (Retirement Age) Act 2011 14
10 Application of amendments 15
(1) A person who holds office as a Public Defender, Senior Public 16
Defender or Deputy Senior Public Defender immediately before 17
the commencement of the Crown Law Officers Legislation 18
Amendment (Retirement Age) Act 2011 and who was appointed 19
for a specified term of office shorter than 7 years is taken to have 20
been appointed for a term of 7 years. 21
(2) Subclause (1) does not apply to the term of office of a person 22
appointed to act in any such office. 23
(3) The amendments made to this Act by the Crown Law Officers 24
Legislation Amendment (Retirement Age) Act 2011 do not affect 25
any right preserved by this Schedule to hold office beyond a 26
retiring age provided by this Act. 27
Page 6
[Index] [Search] [Download] [Related Items] [Help]