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Amendment Bill 1998
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
to amend the District Court Act 1973 to ensure that the District Court
has jurisdiction to determine proceedings in respect of a cause of
action that arises wholly or partly outside of the State if the defendant
is duly served with the originating process (whether within the State or
outside the State). and
(b) to amend the Fines Act 1996:
( i )
to enable penalty reminder notices under the Act to include
annexures and enclosures, and
( i i )
to require all fines owing by a person whose licence has been
suspended under the Act to be paid before the licence can be
reinstated, and
(iii) to enable the State Debt Recovery Office to direct the Roads and
Traffic Authority to take immediate enforcement action if a fine
has not been paid by an extended due date, and
Amended in committee--see table at end of volume.
(c)
to amend the Industrial Relations Act 1996 to enable a single member
of the Industrial Relations Commission to deal with interlocutory
and other matters in relation to appeals to the Full Bench of the
Commission, and
to amend the Judicial Officers Act 1986 to remove the age limit for
(d)
appointed members of the Judicial Commission, and
to amend the Justices Act 1902 to extend the power of Local Courts to
(e)
issue subpoenas and to make consequential amendments to the Local
Courts (Civil Claims) Act 1970, and
to amend the Land and Environment Court Act 1979 to change the
(f)
name of the position of "conciliation and technical assessor" of the
Court (also referred to as "assessor" in that Act) to "Commissioner",
and
to amend the Local Courts Act 1982 to ensure that acting Magistrates
(g)
may not be appointed for a term that takes them beyond the age of 70
years, and
to amend the Suitors' Fund Act 1951 to provide for the Suitors' Fund
(h) to form part of the Attorney General's Department Account instead of
a separate account in the Special Deposits Account in the Treasury, and
to amend the Supreme Court Act 1970 to abolish all existing Divisions
(i)
of the Court other than the Common Law Division and the Equity
Division. to provide for the assignment of proceedings to those
remaining Divisions and to enable the Chief Justice to designate
Judges of the Court to be List Judges, and
to make amendments to the above Acts of a savings or transitional
(j)
nature.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to Acts set
out in Schedules 110.
Clause 4 provides that matter appearing under the heading "Explanatory
note" in the Schedules does not form part of the proposed Act.
Schedules 110 make the amendments to the Acts outlined above.
A detailed explanation of each of the amendments is set out in the Bill after
the amendments concerned.
Explanatory note page 2