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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Local Courts Amendment (Part-time
Magistrates) Bill 1999
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Local Courts Act 1982 No 164 2
4 Consequential amendment of other Acts 2
Schedules
1 Amendment of Local Courts Act 1982 3
2 Consequential amendment of other Acts 6
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Parliaments
Legislative Council
1999
New South Wales
Local Courts Amendment (Part-time
Magistrates) Bill 1999
Act No , 1999
An Act to amend the Local Courts Act 1982 to provide for the office of Magistrate
to be held on a part-time basis; to amend certain Acts consequentially; and for other
purposes.
Clause 1 Local Courts Amendment (Part-time Magistrates) Bill 1999
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Local Courts Amendment (Part-time Magistrates) Act
1999.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Local Courts Act 1982 No 164
The Local Courts Act 1982 is amended as set out in Schedule 1.
4 Consequential amendment of other Acts
Each Act specified in Schedule 2 is amended as set out in that
Schedule.
Page 2
Local Courts Amendment (Part-time Magistrates) Bill 1999
Amendment of Local Courts Act 1982 Schedule 1
Schedule 1 Amendment of Local Courts Act 1982
(Section 3)
[1] Section 4 Definitions
Insert in alphabetical order in section 4 (1):
limited tenure, in relation to the office of Magistrate, means a
limitation imposed on the office under section 13.
part-time Magistrate means a person:
(a) appointed to hold the office of Magistrate on a part-time
basis, or
(b) exercising the functions of the office of Magistrate on a
part-time basis, as provided by an agreement referred to
in section 12A, or
(c) who, in accordance with section 8 of the Liquor Act
1982, becomes a Magistrate on becoming a licensing
magistrate and who holds office as a licensing
magistrate on a part-time basis under section 8 (6) (b) of
that Act.
[2] Section 12 Appointment of, and qualifications for, Magistrates
Insert after section 12 (4):
(5) A person's appointment as a Magistrate is taken to be an
appointment on a full-time basis unless the appointment is
expressed, in the commission by which the person was
appointed, to be on a part-time basis.
[3] Section 12A
Insert after section 12:
12A Part-time arrangements
A Magistrate, although not appointed on a part-time basis, may,
by agreement in writing entered into with the Chief Magistrate,
exercise the functions of the office of Magistrate on a part-time
basis.
Page 3
Local Courts Amendment (Part-time Magistrates) Bill 1999
Schedule 1 Amendment of Local Courts Act 1982
[4] Sections 18 and 19
Omit the sections.
[5] Section 22 Conditions of service generally
Insert at the end of section 22:
(2) This section extends to the terms and conditions to be included
in any agreement referred to in section 12A.
[6] Section 23 Employment of Magistrates in other offices etc
Omit section 23 (3) and (4). Insert instead:
(3) A Magistrate may not, however, practise as a barrister or
solicitor for fee, gain or reward, and no approval under
subsection (2) may be granted to permit it.
(4) Subsection (1) does not prevent a person from holding office
as and exercising the functions of a Magistrate on a part-time
basis, but such a person must not, while so holding office:
(a) accept or continue to hold or discharge the duties of or
be employed in any paid office in connection with any
commercial business, or
(b) engage in or undertake any such business, whether as
principal or agent, or
(c) engage in or continue in the private practice of any
profession, occupation or trade, or enter into any
employment, whether remunerated or not, with any
person so engaged.
(5) To the extent specified in the commission by which the
Magistrate was appointed, subsections (1) and (3) do not apply
to a Magistrate who has limited tenure.
[7] Schedule 1 Savings and transitional provisions
Insert at the end of clause 8 (1):
Local Courts Amendment (Part-time Magistrates) Act 1999
Page 4
Local Courts Amendment (Part-time Magistrates) Bill 1999
Amendment of Local Courts Act 1982 Schedule 1
[8] Schedule 1, clause 10
Insert after clause 9 of Schedule 1:
10 Remuneration of part-time Magistrates
Until a relevant determination is made and takes effect under
the Statutory and Other Offices Remuneration Act 1975, a part-
time Magistrate is entitled to be paid in accordance with the
determination in force for the time being for Magistrates, but on
a pro rata basis (according to time spent in service), as
calculated by the Minister.
Page 5
Local Courts Amendment (Part-time Magistrates) Bill 1999
Schedule 2 Consequential amendment of other Acts
Schedule 2 Consequential amendment of other Acts
(Section 4)
2.1 Children's Court Act 1987 No 53
[1] Schedule 1 Provisions relating to Children's Magistrates
Insert after clause 2:
2A Conditions of service
A person holding office as Children's Magistrate is taken to
hold the office on either a full-time or part-time basis,
according to whether the person holds the office of Magistrate
on a full-time or part-time basis under the Local Courts Act
1982.
[2] Schedule 2
Insert after Schedule 1:
Schedule 2 Savings and transitional provisions
1 Regulations
(1) The regulations may contain provisions of a savings or
transitional nature consequent on the enactment of the
following Acts:
Local Courts Amendment (Part-time Magistrates) Act 1999
(2) Any such provision may, if the regulations so provide, take
effect from the date of assent to the Act concerned or a later
date.
(3) To the extent to which any such provision takes effect from a
date that is earlier than the date of its publication in the Gazette,
the provision does not operate so as:
Page 6
Local Courts Amendment (Part-time Magistrates) Bill 1999
Consequential amendment of other Acts Schedule 2
(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.
2 Remuneration of part-time Children's Magistrates
Until a relevant determination is made and takes effect under
the Statutory and Other Offices Remuneration Act 1975, a
Children's Magistrate holding office on a part-time basis is
entitled to be paid in accordance with the determination in
force for the time being for Children's Magistrates, but on a pro
rata basis (according to time spent in service), as calculated by
the Attorney General.
2.2 Coroners Act 1980 No 27
[1] Section 5 Appointment of coroners
Insert after section 5 (2):
(3) A person holding office as coroner is taken to hold the office
on either a full-time or part-time basis, according to whether the
person holds the office of Magistrate on a full-time or part-time
basis under the Local Courts Act 1982.
[2] Schedule 3 Savings and transitional provisions
Insert after clause 8:
9 Remuneration of part-time coroners
Until a relevant determination is made and takes effect under
the Statutory and Other Offices Remuneration Act 1975, a
coroner holding office on a part-time basis is entitled to be paid
in accordance with the determination in force for the time being
for coroners, but on a pro rata basis (according to time spent in
service), as calculated by the Attorney General.
Page 7
Local Courts Amendment (Part-time Magistrates) Bill 1999
Schedule 2 Consequential amendment of other Acts
2.3 Industrial Relations Act 1996 No 17
[1] Section 381 Appointment of Chief and other Industrial Magistrates
Insert after section 381 (4):
(5) A person holding office as Industrial Magistrate is taken to
hold the office on either a full-time or part-time basis,
according to whether the person holds the office of Magistrate
on a full-time or part-time basis under the Local Courts Act
1982.
[2] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
Local Courts Amendment (Part-time Magistrates) Act 1999
[3] Schedule 4, Part 7
Insert at the end of clause 39:
(2) Until a relevant determination is made and takes effect under
the Statutory and Other Offices Remuneration Act 1975, an
Industrial Magistrate holding office on a part-time basis is
entitled to be paid in accordance with the determination in
force for the time being for Industrial Magistrates, but on a pro
rata basis (according to time spent in service), as calculated by
the Attorney General.
2.4 Liquor Act 1982 No 147
[1] Section 8 Appointment of licensing magistrates
Insert after section 8 (5):
(6) A person holding office as licensing magistrate is taken to hold
the office on a part-time basis:
(a) if, immediately before being appointed to the office, the
person was a part-time Magistrate within the meaning of
the Local Courts Act 1982, or
Page 8
Local Courts Amendment (Part-time Magistrates) Bill 1999
Consequential amendment of other Acts Schedule 2
(b) if the person became a Magistrate by virtue of being
appointed to the office and:
(i) the person's appointment as a licensing
magistrate is expressed, in the instrument by
which the person is appointed, to be on a part-
time basis, or
(ii) although not appointed on a part-time basis, the
person, by agreement in writing entered into
with the Chief Magistrate, exercises the
functions of the office of licensing magistrate on
a part-time basis.
[2] Schedule 1 Savings and transitional provisions
Insert at the end of clause 1 (1):
Local Courts Amendment (Part-time Magistrates) Act 1999
[3] Schedule 1
Insert in Schedule 1 (with appropriate Part and clause number):
Part Local Courts Amendment (Part-time
Magistrates) Act 1999
Remuneration of part-time licensing magistrates
Until a relevant determination is made and takes effect under
the Statutory and Other Offices Remuneration Act 1975, a
licensing magistrate holding office on a part-time basis is
entitled to be paid in accordance with the determination in
force for the time being for licensing magistrates, but on a pro
rata basis (according to time spent in service), as calculated by
the Attorney General.
Page 9
Local Courts Amendment (Part-time Magistrates) Bill 1999
Schedule 2 Consequential amendment of other Acts
2.5 Mining Act 1992 No 29
[1] Section 293 Appointment of chief warden and wardens
Insert after section 293 (3):
(4) A person holding office as warden is taken to hold the office on
either a full-time or part-time basis, according to whether the
person holds the office of Magistrate on a full-time or part-time
basis under the Local Courts Act 1982.
[2] Schedule 6 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Local Courts Amendment (Part-time Magistrates) Act 1999
Page 10
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