New South Wales Consolidated Acts(Section 3)
Omit
“Local Courts in proceedings” from section 38 (3).
Insert instead “the Local Court in proceedings”.
Omit “a
Local Court exercising jurisdiction under Part 7 of the Local Courts Act 1982
” from section 46 (5).
Insert instead “the Local Court in its exercise of jurisdiction under Part 3
(Civil jurisdiction) of the Local Court Act 2007 ”.
Omit “a licensing
court under the Liquor Act 1912 ” from the definition of
"Local Court" in section 4 (1).
Insert instead “the Licensing Court”.
Omit the definition. Insert instead:
"magistrate" means a Magistrate appointed under the Local Court Act 2007 , a Licensing Magistrate under the Liquor Act 1982 , a Children’s Magistrate appointed under the Children’s Court Act 1987 or an Industrial Magistrate appointed under the Industrial Relations Act 1996 .
Omit section 22A (7).
Omit “the registry
of a Local Court” wherever occurring.
Insert instead “the Local Court”.
Omit “to which an objection to the confirmation of a forfeiture order is duly made” from section 53D (1).
Omit section 53DA (1). Insert instead:
(1) If an objection to the confirmation of a forfeiture order taken to have been made under section 53AA is duly made to the Local Court, the Local Court must conduct a hearing to determine whether or not the order should be confirmed.
Insert “relevant” before “registrar” in section 53K (5).
Omit
“If the Local Court to which an application to have a forfeiture order set
aside is duly made is satisfied” from section 53L (1).
Insert instead “If an application to have a forfeiture order set aside is
duly made to the Local Court and the Local Court is satisfied”.
Omit “a Local Court’s” wherever occurring in
section 53N (1) (a) and (b).
Insert instead “the Local Court’s”.
Insert “relevant” before “registrar”.
Omit the definition of
"clerk of a court" in clause 3 (1).
Insert in alphabetical order:
"registrar of a court" includes the following:(a) a registrar of the Supreme Court,(b) the Registrar of the Court of Criminal Appeal,(c) a registrar of the District Court,(d) a registrar of the Local Court,(e) a Children’s Registrar (within the meaning of the Children’s Court Act 1987 ).
Omit “clerk” wherever occurring. Insert instead “registrar”.
Omit
“a Local Court nearest to the place where the breach of such by-law was
committed” from section 4E (1).
Insert instead “the Local Court”.
Omit the definition of "court" in section 4 (1). Insert instead:
"court" means the Local Court.
Omit paragraph (d) of the definition of "registrar" in section 5 (1). Insert instead:
(d) if the court is the Local Court-a registrar referred to in section 18 of the Local Court Act 2007 (but not a deputy registrar).
Omit “Part 6 of the
Local Courts Act 1982 ” from the note.
Insert instead “Part 4 of the Local Court Act 2007 ”.
Omit “A Local Court that makes a
prohibition order” from section 9 (1).
Insert instead “If the Local Court makes a prohibition order, the Local
Court”.
Omit section 10 (5). Insert instead:
(5) A registrar of the Local Court may not exercise the functions of the Local Court under this section.
Omit “The registrar of a Local Court that makes or varies or revokes a
prohibition order against a registrable person in the absence of the
person”.
Insert instead “If the Local Court makes, varies or revokes a prohibition
order, the relevant registrar of the Local Court”.
Omit the note. Insert instead:
Note: Section 70 of the Local Court Act 2007 provides for a right of appeal against the making of an order under this Act. Section 63 of the Crimes (Appeal and Review) Act 2001 provides for a stay of orders on appeal.
Omit “Local Courts” wherever occurring in section 19 (2) (c) and (f).
Insert instead “the Local Court”.
Omit “Local Courts”
wherever occurring in section 27 (1) and (2).
Insert instead “the Local Court”.
Omit “Clerk of
a Local Court” from section 42 (5) (d).
Insert instead “registrar of the Local Court”.
Omit the definition of "Chief Magistrate" from section 3 (1). Insert instead:
"Chief Magistrate" means the person appointed under section 14 (1) of the Local Court Act 2007 to be the Chief Magistrate of the Local Court.
Omit “section 15 (1) of the
Local Courts Act 1982 ” from section 8 (4).
Insert instead “section 15 (1) of the Local Court Act 2007 ”.
Omit clause 5 (1) (a). Insert instead:
(a) at any place at which sittings of the Local Court are held for the time being under section 22 of the Local Court Act 2007 , or
Omit “section 66 of the Local Courts Act 1982 ” from section
23 (3).
Insert instead “section 31 of the Local Court Act 2007 ”.
Omit “section 73 or 74 of
the Local Courts Act 1982 ” from section 41 (1) (e).
Insert instead “section 39 or 40 of the Local Court Act 2007 ”.
Omit section 96 (4).
Omit section 107 (3).
Omit section 108 (4).
Omit Division 3.
Omit “Part 7 of the Local Courts Act 1982
” from the matter relating to the Local Court in Column 2.
Insert instead “Part 3 of the Local Court Act 2007 ”.
Omit clause 4 (5) (f).
Omit Part 3. Insert instead:
Column 1 Column 2 Column 3 Matter for which fee payable Standard fee Corporation fee 1 Filing an originating process, under Part 3 of the Local Court Act 2007 , in the Local Court sitting in its General Division $180 $360 2 Filing an originating process, under Part 3 of the Local Court Act 2007 , in the Local Court sitting in its Small Claims Division $73 $146 3 Filing an application notice under Part 4 of the Local Court Act 2007 $70 - 4 Filing an application for an order for the rehearing of proceedings under Division 3 of Part 5 of the Civil Procedure Act 2005 $313 $626 5 Serving or attempting service by post of originating process by the Local Court $31 for each address to which process posted - 6 Filing a notice of motion $63 $126 7 Filing a notice of appeal, or application for leave to appeal, to the District Court under Part 3 of the Crimes (Appeal and Review) Act 2001 , as applied to proceedings under Part 4 of the Local Court Act 2007 : (a) in relation to a single notice $85 - (b) in relation to more than 1 notice arising from the same court appearance $46 -
Omit “taken only before a Magistrate sitting as a Local Court”.
Insert instead “dealt with summarily by the Local Court”.
Insert “Chief Magistrate, Deputy Chief Magistrate or Magistrate of the Local Court;” after “Local Courts;” in paragraph (f) of the definition of "judicial office" in section 52 (1).
Omit “at each Local
Court throughout the State” from section 9 (c).
Insert instead “at each place at which sittings of the Local Court are
required to be held”.
Omit “Sections 27A and 27B of the Local Courts Act
1982 apply” from section 42 (2).
Insert instead “Section 24 of the Local Court Act 2007 applies”.
Omit “those sections apply to and in respect of contempt
of a Local Court presided over by a Magistrate”.
Insert instead “that section applies to and in respect of contempt of the
Local Court”.
Omit paragraph (c) of the definition of "Court" in section 4 (1). Insert instead:
(c) in accordance with section 32 of the Local Court Act 2007 , and without affecting the jurisdictional limitations referred to in that section, the Local Court, or
Omit section 4A (2), (3) and (4). Insert instead:
(2) The persons appointed must be Magistrates.
(3) An appointment is to be made by the commission of the person’s appointment as a Magistrate or by a subsequent written instrument.
Omit section 12A (2B).
Omit “Local Courts” from section 34 (4) (b). Insert instead “the Local Court”.
Omit “the registrar of the Local Court where, or nearest
to the place where, the inquest or inquiry was held or would have been held
had it not been dispensed with”.
Insert instead “the relevant registrar of the Local Court”.
Omit “the
registrar of the Local Court where, or nearest to the place where, that
inquest or inquiry was held or would have been held had it not been dispensed
with”.
Insert instead “the relevant registrar of the Local Court”.
Omit “Sections 27A and 27B of the Local Courts Act
1982 apply”.
Insert instead “Section 24 of the Local Court Act 2007 applies”.
Omit “they apply”. Insert instead “it applies”.
Omit “a Local Court with the approval of the
registrar of the Court” from clause 6 (b).
Insert instead “the Local Court with the approval of the relevant registrar
of the Local Court”.
Omit section 6 (1) (c) (ii). Insert instead:
(ii) the Local Court.
Omit clause 23 (a) and (b). Insert instead:
(a) a Magistrate, or
(b) a registrar of the Local Court, or
Omit “Part 6 of the Local Courts Act 1982 ” from
section 562M (2).
Insert instead “Part 4 of the Local Court Act 2007 ”.
Omit
“The registrar of a Local Court” from section 562ZB (1).
Insert instead “A registrar of the Local Court”.
Omit “the registrar of a Local Court or the Registrar
of the Children’s Court under this section is taken to have been made by a
Local Court”.
Insert instead “a registrar of the Local Court or the Registrar of the
Children’s Court under this section is taken to have been made by the Local
Court”.
Omit
“the registrar of a Local Court” wherever occurring.
Insert instead “a registrar of the Local Court”.
Omit “Part 6 of the Local
Courts Act 1982 ” from section 562ZQ (1).
Insert instead “Part 4 of the Local Court Act 2007 ”.
Omit “section 44 of the Local Courts Act 1982 ”.
Insert instead “section 51 of the Local Court Act 2007 ”.
Omit “Section 64 of the Local
Courts Act 1982 ” from section 562ZZN (9).
Insert instead “Section 70 of the Local Court Act 2007 ”.
Omit “Part 6”. Insert instead “Part 4”.
Omit paragraph (a) of
the definition of
"original court" in section 562ZZO (6).
Insert instead:
(a) the Local Court, if the order was made by the Local Court or a registrar of the Local Court, or
Omit “and (in the case of a Local Court) includes a reference to any other Local Court” from section 3 (2) (d).
Omit clause 194 (2) (d). Insert instead:
(d) in relation to the Local Court, the relevant registrar of the court.
Omit the definition of "original Local Court" from section 3 (1). Insert instead:
"original Local Court proceedings" means the proceedings in the Local Court that involved the making or imposition of a conviction, sentence or order from which the proceedings under this Act arise.
Omit “a Local Court may be made
to the same Local Court” from section 4 (1).
Insert instead “the Local Court may be made to the Local Court sitting at
the place at which the original Local Court proceedings were held”.
Omit the subsection.
Omit “the original Local
Court” wherever occurring.
Insert instead “the Local Court sitting at the place at which the original
Local Court proceedings were held”.
Omit “As soon as practicable after
receiving an application for annulment, the registrar of the original Local
Court” from section 6 (1).
Insert instead “As soon as practicable after an application for annulment is
received by the Local Court, the relevant registrar of the Local Court”.
Omit “A Local Court
dealing with an application for annulment” from section 7 (2).
Insert instead “When dealing with an application for annulment, the Local
Court”.
Omit “the registrar of any Local Court” wherever occurring.
Insert instead “a registrar of the Local Court”.
Omit “the registrar of the original Local
Court” wherever occurring.
Insert instead “the relevant registrar of the Local Court”.
Omit “that the original Local Court”
wherever occurring.
Insert instead “that the Local Court”.
Omit “the original Local Court” wherever
occurring.
Insert instead “the Local Court”.
Omit the definition of "Local Court" from section 3 (1).
Omit “and (in the case of a Local Court) includes a reference to any other Local Court”.
Omit the definition of "Chief Magistrate" from section 3 (1). Insert instead:
"Chief Magistrate" means the Chief Magistrate of the Local Court appointed under the Local Court Act 2007 .
Omit the definitions.
Omit “a registrar of
a Local Court” from paragraph (a) of the definition of
"registrar" in section 45 (2).
Insert instead “a registrar of the Local Court”.
Omit the definition of "Criminal Listing Director". Insert instead:
"Criminal Listing Director" means:(a) in relation to the Supreme Court-the public servant employed in the Supreme Court to make arrangements for the listing of criminal proceedings that are to be heard and determined before the Supreme Court, and(b) in relation to the District Court-the public servant employed in the District Court to make arrangements for the listing of criminal proceedings that are to be heard and determined before the District Court, and(c) any public servant authorised by a person referred to in paragraph (a) or (b), or in accordance with the regulations, to exercise any functions of the Criminal Listing Director.
Omit “a Local Court, the registrar of the Local
Court” from paragraph (a) of the definition of
"registrar".
Insert instead “the Local Court, the relevant registrar of the Local
Court”.
Omit “the registrar of the
Local Court constituted by the Industrial Magistrate” from paragraph (c).
Insert instead “the relevant registrar of the Local Court”.
Omit “ Local Courts ”. Insert instead “ Local Court ”.
Omit “a Local Court” from section 265 (3). Insert instead “the Local Court”.
Omit
“the registrar of the relevant Local Court” from clause 6 (1).
Insert instead “the relevant registrar of the Local Court”.
Omit the definitions of
"Aboriginal Community Justice Group",
"participating court" and
"Project Officer" from clause 1.
Insert instead in alphabetical order:
"Aboriginal Community Justice Group" for a declared place means the Aboriginal Community Justice Group established for that place under Part 6.
"participating court" means the Local Court.
"Project Officer" for a declared place means the Project Officer (Circle Sentencing) for the place referred to in clause 19 (1).
Insert after clause 1:
1A Application(1) This Schedule applies only in respect of the Local Court sitting at a declared place.(2) For the purposes of this Schedule, a "declared place" means any place declared by the Minister to be a place for the program.(3) Each place at which sittings of a participating court could be held immediately before the commencement of the Miscellaneous Acts (Local Court) Amendment Act 2007 is taken to be a declared place.(4) Any declaration made, or taken to have been made, under this clause may be amended or revoked from time to time.
Omit “the Aboriginal
Community Justice Group for the court” wherever occurring.
Insert instead “the Aboriginal Community Justice Group for the declared
place”.
Omit “The Project Officer for
the court” wherever occurring.
Insert instead “The Project Officer for the declared place”.
Omit the clause. Insert instead:
3 Notification of suitability assessment order If a participating court sitting at a declared place makes a suitability assessment order in respect of a referred offender, it must notify the Project Officer for the declared place of the order.
Omit “The Project Officer for the participating
court”.
Insert instead “The Project Officer for the declared place”.
Omit “the Project Officer for a participating
court”.
Insert instead “the Project Officer for a declared place”.
Omit “the Project Officer for the court”.
Insert instead “the Project Officer for the declared place”.
Omit “for each participating court”.
Insert instead “for each declared place”.
Omit “for each participating court”. Insert instead “for each declared place”.
Omit “the Project Officer for the
participating court”.
Insert instead “the Project Officer for the declared place”.
Omit the
definitions of
"participating court" and
"program administrator" from clause 1.
Insert instead:
"participating court" means the Local Court.
"program administrator" for a declared place means a person appointed as a program administrator for the place under Part 5.
Insert after clause 1:
1A Application(1) This Schedule applies only in respect of the Local Court sitting at a declared place.(2) For the purposes of this Schedule, a "declared place" means any place declared by the Minister to be a place for the program.(3) Each place at which sittings of a participating court could be held immediately before the commencement of the Miscellaneous Acts (Local Court) Amendment Act 2007 is taken to be a declared place.(4) Any declaration made, or taken to have been made, under this clause may be amended or revoked from time to time.
Omit “program administrator for the
participating court”.
Insert instead “program administrator for the declared place”.
Omit
“program administrator for the court” wherever occurring.
Insert instead “program administrator for the declared place”.
Omit “program administrator of the
participating court that made the conference participation order or
intervention plan order applying to that offender”.
Insert instead “program administrator of the declared place at which a
conference participation order or intervention plan order applying to that
offender was made”.
Omit “the program
administrator for the court that made the conference participation order”
wherever occurring.
Insert instead “the program administrator for the declared place at which
the conference participation order was made”.
Omit “the program administrator for the
court”.
Insert instead “the program administrator for the declared place at which
the intervention plan order was made”.
Omit “for each participating court”. Insert instead “for each declared place”.
Omit “program administrator for a
participating court” wherever occurring.
Insert instead “program administrator for a declared place”.
Omit “Local Courts” from section 8 (1) (c). Insert instead “the Local Court”.
Omit “a Local
Court or local land board” wherever occurring.
Insert instead “the Local Court or a local land board”.
Omit “A Local Court or local
land board” wherever occurring.
Insert instead “The Local Court or a local land board”.
Omit section 31 (4). Insert instead:
(4) Notice of an appeal is to be lodged with the Local Court and with the Authority within 21 days after the date on which the person was notified of the relevant decision of the Authority.
Omit “The Clerk of the Local
Court to which an appeal under this Part is made” from section 32 (1).
Insert instead “The relevant registrar of the Local Court”.
Omit “a Local Court”. Insert instead “the Local Court”.
Omit “Clerk of
a Local Court” from section 29 (2) (c).
Insert instead “registrar of the Local Court”.
Omit clause 5 (b). Insert instead:
(b) the Local Court, in respect of all criminal proceedings brought before it in its sittings at Bankstown, Blacktown, Burwood, Campbelltown, Fairfield, Liverpool, Mount Druitt, Parramatta, Penrith, Richmond, Ryde and Windsor.
Omit clause 7A (b). Insert instead:
(b) the Local Court, in respect of all criminal proceedings brought before it in its sittings at Balmain, Bankstown, Blacktown, Burwood, Camden, Campbelltown, Central, the Downing Centre, Fairfield, Hornsby, Kogarah, Liverpool, Manly, Mt Druitt, Newtown, North Sydney, Parramatta, Penrith, Richmond, Ryde, St James, Sutherland, Waverley and Windsor,
Omit “A Local Court
that finds a person guilty of an offence under Division 1” from section 73
(1).
Insert instead “If the Local Court finds a person guilty of an offence under
Division 1, the Local Court”.
Omit “A Local Court that finds a person guilty of an offence
under Division 2 of unlawfully charging for the use of electricity”.
Insert instead “If the Local Court finds a person guilty of an offence under
Division 2 of unlawfully charging for the use of electricity, the Local
Court”.
Omit “A
Local Court that finds a person guilty of an offence under section 64 of
unlawfully causing electricity to be abstracted, wasted, diverted, consumed or
used”.
Insert instead “If the Local Court finds a person guilty of an offence under
section 64 of unlawfully causing electricity to be abstracted, wasted,
diverted, consumed or used, the Local Court”.
Omit “a Local Court
exercising jurisdiction under Part 7 of the Local Courts Act 1982 ” from
section 76 (1) (b).
Insert instead “the Local Court in its exercise of jurisdiction under Part 3
of the Local Court Act 2007 ”.
Omit “sections 27A and 27B of the Local Courts Act 1982 apply” from
section 28 (5) (b).
Insert instead “section 24 of the Local Court Act 2007 applies”.
Omit “they apply”. Insert instead “it applies”.
Omit “the Clerk of any Local Court” from
section 14 (2).
Insert instead “a registrar of the Local Court”.
Omit “The Clerk of the Local Court”. Insert instead “The registrar”.
Omit “Local Courts”
from section 121ZR (8) (a).
Insert instead “the Local Court”.
Omit “a local court”. Insert instead “the Local Court”.
Omit “Local Courts, Magistrates or justices”.
Insert instead “the Local Court or Magistrates”.
Omit
“by action against the other person or against any person involved in the
contravention” from section 68 (1).
Insert instead “from the other person or from any person involved in the
contravention, in a court of competent jurisdiction”.
Omit “An action”. Insert instead “Proceedings”.
Omit “the registrar of any Local Court” from
section 10 (1) (b).
Insert instead “a registrar of the Local Court”.
Omit “the registrar of a Local Court” from section 50 (1).
Insert instead “a registrar of the Local Court”.
Omit the subsections. Insert instead:
(2) The relevant registrar of the Local Court must, as soon as possible, give written notification to the applicant and the parties of the date, time and place on or at which the application is to be determined.
(3) An application under this section may be determined by the Local Court in accordance with this Division and the Local Court may make any decision about the application that the State Debt Recovery Office may have made.
Omit “The Local Court may proceed to determine an
application referred to it by a registrar despite any omission or error in a
notice of the referral or its non-service if”.
Insert instead “The Local Court may proceed to determine an application
despite any omission or error in the notice referred to in subsection (2) or
its non-service if”.
Omit
“The State Debt Recovery Office or a Local Court dealing with an application
for annulment” from section 52 (1).
Insert instead “The State Debt Recovery Office or the Local Court, if
dealing with an application for annulment,”.
Omit “any Local Court on
which jurisdiction is conferred by that Act as a judgment given in that Local
Court” from section 110 (2).
Insert instead “the Local Court as a judgment given in the Local Court”.
Omit “The registrar of the Local Court with which any
such application is lodged” from clause 7 (2).
Insert instead “The relevant registrar of the Local Court”.
Omit “a Local Court held before a Magistrate” wherever occurring.
Insert instead “the Local Court”.
Omit section 43 (2) (b) (ii). Insert instead:
(ii) at the place nearest to the place of the seizure where a sitting of the Local Court may be held.
Omit “the office of a Local Court having jurisdiction under
the Civil Procedure Act 2005 , the order may be enforced as if it were a
judgment of that Local Court” from section 131 (6).
Insert instead “the Local Court in its exercise of jurisdiction under the
Civil Procedure Act 2005 , the order may be enforced as if it were a judgment
of the Local Court”.
Omit section 75 (1) (b). Insert instead:
(b) if made by the Local Court, may be enforced in the Local Court in its exercise of jurisdiction under Part 3 of the Local Court Act 2007 .
Omit
“a Local Court constituted by a Magistrate” from section 158 (4).
Insert instead “the Local Court”.
Omit “a Local Court for the
district in which the property is held” from section 48D (a).
Insert instead “the Local Court”.
Omit “section 64 of the Local Courts Act 1982 ” from section 197
(2).
Insert instead “section 70 of the Local Court Act 2007 ”.
Omit “Local Courts constituted by a Magistrate”
from section 383 (1).
Insert instead “the Local Court”.
Omit “Part 7 of the Local Courts Act
1982 ”.
Insert instead “Part 3 of the Local Court Act 2007 ”.
Omit section 4 (3). Insert instead:
(3) Rules may be made under the Local Court Act 2007 for regulating the practice and procedure for applications made under Part 1 to the Local Court and for the enforcement of orders made in relation to such applications, and for regulating the practice and procedure for appeals to the District Court under this Act.
Omit the section. Insert instead:
10A Extension of jurisdiction(1) Subject to subsection (2), the jurisdiction conferred on the Supreme Court by this Part may also be exercised by the District Court or by the Local Court.(2) The Local Court is not competent:(a) to entertain any application relating to a minor who has attained the age of sixteen years, unless the minor is physically or mentally incapable of self support, or the application is one for the variation or discharge of an order of the Local Court, or(b) to entertain any application involving the administration or application of any property belonging to or held in trust for a minor (including any related income), or(c) to award the payment of sums towards the maintenance of a minor exceeding the sum of two dollars per week.(3) Where the District Court makes or refuses to make an order on an application under this section, the applicant may appeal to the Supreme Court.(4) Where the Local Court makes or refuses to make an order on an application under this section, the applicant may appeal to the District Court, and Parts 3 and 4 of the Crimes (Appeal and Review) Act 2001 extend to such an appeal.(5) The court to which the application is made may refuse to make any order, and in such case no appeal shall lie to any court against such refusal, if:(a) in the case of an application to the District Court-the District Court considers that the matter is one which would be dealt with more conveniently by the Supreme Court, or(b) in the case of an application to the Local Court-the Local Court considers that the matter is one which would be dealt with more conveniently by the Supreme Court or the District Court.(6) An order of the District Court or Local Court for the payment of money under this Part is deemed to be a judgment of the District Court or Local Court as the case may be and, subject to subsections (7) and (8), is enforceable as such in a court of competent jurisdiction.(7) Any order for the payment of a weekly or other periodical sum made by the Local Court in the exercise of the powers and authorities conferred by this Part has effect as an order for the payment, at the weekly or other periods stated in the order, of successive amounts of money equal to the sums specified in the order.(8) If default is made in the payment of any one or more of the weekly or other periodical sums referred to in subsection (7), the order for the payment of that sum or the total of those sums then in default for any period not exceeding 6 months may be enforced as if the order were an order for the payment of a sum of money equal to that sum or the total of those sums made under the Civil Procedure Act 2005 by the Local Court.(9) Where an order under this Part contains a provision committing to the applicant or any other person the legal custody of a minor, a copy of the order may be served on any person in whose actual custody the minor may for the time being be, and if such person makes default in complying with such provision the person is liable on summary conviction to a penalty not exceeding 0.1 penalty units per day for each day the person makes default in complying with such provision.(10) The provisions of sections 10 and 11 of the Children (Criminal Proceedings) Act 1987 apply to proceedings under this Act in the Local Court in the same way as they apply to criminal proceedings.
Omit the definitions of
"Local Court" and
"Magistrate" from section 21 (1).
Insert in alphabetical order:
"Local Court" means the Local Court established under the Local Court Act 2007 .
"Magistrate" means a Magistrate appointed under the Local Court Act 2007 .
Omit “a Local Court” wherever occurring. Insert instead “the Local Court”.
Omit the section. Insert instead:
26 Proceedings for offences(1) Proceedings for an offence under this Act may be dealt with summarily before the Local Court.(2) No prosecution for an offence under this Act is to be instituted except with the consent in writing of the Minister.(3) Proceedings for any offence under this Act may be instituted at any time within a period of twelve months after the commission of the offence.
Omit “ a Local Court ”. Insert instead “ Local Court ”.
Omit “registrar of a Local Court” from section 23 (1).
Insert instead “registrar of the Local Court”.
Omit “a Local Court at the place where the Local Court
of the district in which such land is situated usually sits”.
Insert instead “the Local Court”.
Omit “before whom the matter is heard”.
Omit section 13 (3). Insert instead:
(3) If no such appointment is made, the registrar of the Local Court for the place at which a Fair Rents Board is constituted is taken to be the clerk of the Fair Rents Board at that place.
Omit “A Local Court for the district
in which prescribed premises not being premises used solely as a
dwelling-house are situated may” wherever occurring.
Insert instead “The Local Court may, in relation to prescribed premises (not
being premises used solely as a dwelling-house)”.
Omit section 69 (1) and (2). Insert instead:
(1) For the purposes of section 62, only the Local Court is a court of competent jurisdiction.
Omit “the registrar of the Local
Court in which the proceedings are taken” from section 82 (3) (b).
Insert instead “the Local Court”.
Omit “the registrar of the Local Court shall
thereupon”.
Insert instead “the relevant registrar of the Local Court is to”.
Omit “a
Local Court for the district in which those premises are situated, that
Court”.
Insert instead “the Local Court, the Court”.
Omit “for the district in which the dwelling-house is situated” from the definition of "the court" in section 112 (4).
Omit “Part 6 of the Local Courts
Act 1982 ” from section 210B (5).
Insert instead “Part 4 of the Local Court Act 2007 ”.
Omit the note. Insert instead:
Note: Section 70 of the Local Court Act 2007 provides for appeals in relation to matters dealt with under Part 4 of that Act.
Omit “Part 6
of the Local Courts Act 1982 ” from section 210C (1).
Insert instead “Part 4 of the Local Court Act 2007 ”.
Omit “section 42”. Insert instead “section 49”.
Omit “Section 44 of the Local Courts Act 1982 ”.
Insert instead “Section 51 of the Local Court Act 2007 ”.
Omit “a
Local Court for the district in which the property is held” from section 229
(1) (a).
Insert instead “the Local Court”.
Omit section 4 (3) (b). Insert instead:
(b) in relation to proceedings in the Local Court in its exercise of jurisdiction under the Civil Procedure Act 2005 , by the Governor.
Omit
“nearest Local Court” from clause 174 (b).
Insert instead “nearest place at which sittings of the Local Court are
held”.
Omit the section. Insert instead:
77 Rules of Court(1) Rules of court may be made under the Supreme Court Act 1970 in relation to the practice and procedure of the Supreme Court in proceedings under this Act.(2) Rules of court may be made under the District Court Act 1973 in relation to the practice and procedure of the District Court in proceedings under this Act.(3) Rules of court may be made under the Local Court Act 2007 in relation to the practice and procedure of the Local Court (in its exercise of jurisdiction under Part 3 of the Local Court Act 2007 ) in proceedings under this Act.
Omit section 8 (3A). Insert instead:
(3A) A licensing magistrate who is an acting Magistrate within the meaning of the Local Court Act 2007 is entitled to be paid remuneration payable in respect of acting Magistrates under clause 12 (4) of Schedule 1 to that Act.
Omit section 16 (3). Insert instead:
(3) Where an order for an amount of costs and expenses is made under subsection (1) and the prescribed documents are filed in the Local Court in its exercise of jurisdiction under the Civil Procedure Act 2005 , the order may be enforced as a judgment of the Local Court for the payment of that amount in accordance with the order of the court.
Omit section 17 (2). Insert instead:
(2) Until some other person is appointed as registrar of the court for a prescribed place, the registrar of the court for the prescribed place is:(a) the registrar of the Local Court exercising functions at the prescribed place, or(b) if there is no registrar of the Local Court exercising functions at the prescribed place-the registrar of the Local Court exercising functions at another place specified by the Minister by order published in the Gazette.
Omit “the office of the Local
Court having jurisdiction under the Civil Procedure Act 2005 at or nearest the
prescribed place at which the complaint that led to the order was heard”
from section 69 (3).
Insert instead “the Local Court in its exercise of jurisdiction under the
Civil Procedure Act 2005 ”.
Omit “that Local Court”. Insert instead “the Local Court”.
Omit section 72 (1A). Insert instead:
(1A) A licensing magistrate who is an acting Magistrate within the meaning of the Local Court Act 2007 is not an ex-officio member of the Board.
Omit section 99 (4). Insert instead:
(4) Where an order is made under subsection (2) (a) and a copy of the order is filed, together with such other documents as may be prescribed, in the Local Court (in its exercise of jurisdiction under the Civil Procedure Act 2005 ), the order may be enforced as a judgment of the Local Court for the payment of that amount in accordance with the order of the Board.
Omit
“sections 27A and 27B of the Local Courts Act 1982 apply” from section 740
(3).
Insert instead “section 24 of the Local Court Act 2007 applies”.
Omit “they apply”. Insert instead “it applies”.
Omit “a stipendiary magistrate or any two justices in petty
sessions” from section 51 (2).
Insert instead “the Local Court”.
Omit “a stipendiary magistrate or any two justices in petty sessions” from
section 37A (2).
Insert instead “the Local Court”.
Omit section 59I (3) and (4).
Omit “a Local Court” from section 197 (1). Insert instead “the Local Court”.
Omit “any Local Court” from section 20 (1). Insert instead “the Local Court”.
Omit section 27 (3).
Omit “section 64 of the Local Courts Act 1982 ”.
Insert instead “section 70 of the Local Court Act 2007 ”.
Omit “A district court or a Local
Court before which proceedings are pending may, at any time before final order
in the proceedings” from section 41 (2).
Insert instead “The District Court or the Local Court may, in respect of
pending proceedings”.
Omit “a district court or a Local Court”.
Insert instead “the District Court or the Local Court”.
Omit the section.
Omit section 51 (6). Insert instead:
(6) Rules of court not inconsistent with this Act may be made under the Local Court Act 2007 for the regulation of the practice and procedure in proceedings under this Act in the Local Court.
Omit “of any district court”. Insert instead “the District Court”.
Omit section 28 (5).
Omit “a district court or a Local Court constituted by
a Magistrate sitting alone” from section 29 (1) (c).
Insert instead “the District Court or the Local Court”.
Omit “in court or in
chambers, or in the case of a Local Court, by a Magistrate sitting alone”
from section 30 (1).
Insert instead “in court (including in the absence of the public), or in the
case of the Local Court, by a Magistrate”.
Omit “a district court”. Insert instead “the District Court”.
Omit the subsection.
Omit “all district courts and Local Courts”.
Insert instead “the District Court and the Local Court”.
Omit “Clerk of the Local
Court” from section 37 (1) (a).
Insert instead “registrar of the Local Court”.
Omit “and the district courts and Local Courts to which” from section 47 (1).
Omit section 38 (1) (a). Insert instead:
(a) the Local Court in its exercise of jurisdiction under Part 3 of the Local Court Act 2007 if the cash price for which the motor vehicle was sold does not exceed the jurisdictional limit of the Local Court when sitting in its General Division within the meaning of the Local Court Act 2007 , and
Omit the paragraph. Insert instead:
(a) by the Local Court as if it were exercising jurisdiction under Part 3 of the Local Court Act 2007 , and
Omit “a Local Court specified in the order or,
if no such court is so specified, in any Local Court that exercises civil
jurisdiction” from clause 65 (1).
Insert instead “the Local Court in its exercise of civil jurisdiction”.
Omit “the registrar of the Local Court concerned”.
Insert instead “the Local Court”.
Omit “in which the affidavit is filed”.
Omit section 19 (1). Insert instead:
(1) The relevant registrar of the Local Court is to forward to the Authority particulars of any conviction or order under this Act or the regulations.
Omit “the Local Court where the order was made”.
Insert instead “the Local Court”.
Omit “the registrar”. Insert instead “a registrar”.
Omit “to
the Local Court nearest to the place at which such person resides” from
section 13 (1).
Insert instead “the Local Court”.
Omit “ Crimes (Local Courts Appeal and Review) Act 2001
”.
Insert instead “ Crimes (Appeal and Review) Act 2001 ”.
Omit “stipendiary magistrates” wherever occurring in section
100 (1).
Insert instead “Magistrates”.
Omit
“the registrar of a Local Court” from section 3 (2A) (b).
Insert instead “a registrar of the Local Court”.
Omit “A local court
presided over by a magistrate” from section 49 (1).
Insert instead “The Local Court”.
Omit “a local court”. Insert instead “the Local Court”.
Omit “The clerk of the local court”.
Insert instead “The relevant registrar of the Local Court”.
Omit “the registrar”. Insert instead “the registrar of the subdivision”.
Omit “any Local Court” from clause 7. Insert instead “the Local Court”.
Omit “Local Courts do not” from section 32I (1).
Insert instead “The Local Court does not”.
Omit “a Local Court, the Clerk of the Court” from section 133 (1).
Insert instead “the Local Court, the relevant registrar of the Local
Court”.
Omit “the Clerk of the Court” wherever
occurring.
Insert instead “the relevant registrar of the Local Court”.
Omit “the Clerk” wherever occurring. Insert instead “the registrar”.
Omit “The Clerk of a Local Court”.
Insert instead “A registrar of the Local Court”.
Omit “before which the proceedings are being taken” wherever occurring.
Omit “a court” wherever occurring. Insert instead “the court”.
Omit “a court” where firstly occurring in
sections 30 (3) and 30A (2).
Insert instead “the court”.
Omit “a Local Court held before a Magistrate” from section 61 (3).
Insert instead “the Local Court”.
Omit the definition of "Local Court" from section 5 (1).
Omit “a Local
Court specified in the order on a date and at a time so specified” from
section 14 (1).
Insert instead “the Local Court (at the place, on a date and at a time
specified in the order)”.
Omit “The Local Court before which the
prisoner is brought pursuant to an order made under section 14 (1)”.
Insert instead “If a prisoner is brought before the Local Court pursuant to
an order made under section 14 (1), the Local Court”.
Omit “Any Local Court”. Insert instead “The Local Court”.
Omit “a Local Court” from section 63 (1). Insert instead “the Local Court”.
Omit the definition of "Local Court" from section 3 (1).
Omit
“Division 3 of Part 7 of the Local Courts Act 1982 ”.
Insert instead “Division 4 of Part 3 of the Local Court Act 2007 ,”.
Omit the definition of
"judgment of a Local Court" from clause 3 (1).
Insert instead:
"judgment of the Local Court" means a judgment of the Local Court in its civil jurisdiction.
Omit “ a Local Court ”. Insert instead “ Local Court ”.
Omit “a Local Court exercising
jurisdiction” from clause 5 (1).
Insert instead “the Local Court in its exercise of jurisdiction”.
Omit “the Magistrate”. Insert instead “a Magistrate”.
Omit “the registrar” wherever occurring. Insert instead “a registrar”.
Omit “by which the order was made” from clause 9 (1).
Omit
“or the registrar of the Local Court” from clause 11 (1).
Insert instead “or the relevant registrar of the Local Court”.
Omit “the registrar of the Local Court”.
Insert instead “the relevant registrar of the Local Court”.
Omit
“The registrar of a Local Court” wherever occurring in clause 13 (1) and
(4).
Insert instead “A registrar of the Local Court”.
Omit “unpaid, and”. Insert instead “unpaid.”.
Omit the paragraph.
Omit the clause.
Omit “must give notice in writing to the registrar of the
Local Court in which the order is recorded” from clause 15 (1).
Insert instead “and recorded in the Local Court under clause 13 must give
notice in writing to the relevant registrar of the Local Court”.
Omit “Part 6 of the Local Courts Act
1982 ” from section 268 (5).
Insert instead “Part 4 of the Local Court Act 2007 ”.
Omit the section.
Omit “section 64 of the Local
Courts Act 1982 ” from section 290 (2).
Insert instead “section 70 of the Local Court Act 2007 ”.
Omit
“clerk or acting clerk of a Local Court” from section 10 (1).
Insert instead “registrar of the Local Court”.
Omit “the registrar or clerk of a Local
Court” wherever occurring in clause 12 (1) and (2).
Insert instead “a registrar of the Local Court”.
Omit “the registrar or clerk” where lastly occurring. Insert instead “the registrar”.
Omit “any court of petty sessions” from
section 2 (2).
Insert instead “the Local Court”.
Omit
“the registrar of any such Court” from clause 13 (1).
Insert instead “the Court”.
Insert “relevant” before “registrar”.
Omit “the
registrar of the Local Court to which the appeal is being made” from clause
15 (2).
Insert instead “the Local Court”.
Insert “relevant” before “registrar”.
Omit “the registrar of
the Local Court to which the appeal is being made” from clause 18 (5).
Insert instead “the Local Court”.
Insert “relevant” before “registrar”.
Omit
“the registrar of the Local Court to which the appeal is being made” from
clause 22 (3).
Insert instead “the Local Court”.
Insert “relevant” before “registrar”.
Omit “the registrar of any such Court” wherever occurring in
clause 25 (1) and (2).
Insert instead “the Local Court”.
Omit “The registrar of a Local Court”.
Insert instead “The relevant registrar of the Local Court”.
Omit “the registrar
of the Local Court to which the appeal is being made” from clause 28 (2).
Insert instead “the Local Court”.
Insert “relevant” before “registrar”.
Omit section 34 (1). Insert instead:
(1) The relevant registrar of the Local Court is to forward to the Authority particulars of any conviction or order made under this Act or the regulations.
Omit “The registrar”. Insert instead “A registrar”.
Omit “the Local Court concerned” wherever
occurring in section 27 (3) (a) and (b).
Insert instead “the Local Court”.
Omit “the Local Court making the conviction or
order” from section 145A (1).
Insert instead “the Local Court”.
Omit “, the Deputy State Coroner or a Magistrate
who has limited tenure, within the meaning of that Act” from the matter
relating to a Magistrate.
Insert instead “or the Deputy State Coroner”.
Omit “or a Magistrate who has limited tenure within the meaning of the Local Courts Act 1982 ”.
Omit “Part 7 of the Local Courts Act 1982 ”
wherever occurring.
Insert instead “Part 3 of the Local Court Act 2007 ”.
Omit section 52 (7).
Omit “a Local Court held before a Magistrate”.
Insert instead “the Local Court”.
Omit “such Local Court
as may be agreed on by the applicant and the respondent or, in the absence of
any such agreement, the Local Court nearest to the parcel” from section 72
(4) (a).
Insert instead “the Local Court”.
Omit “nearest Local Court” from section 24 (3). Insert instead “Local Court”.
Omit “The Local Court by which an order under this Part is
made”.
Insert instead “If an order is made under this Part, the Local Court”.
Omit section 17 (1).
Omit the note. Insert instead:
Note: The form in which the application is to be made is approved under section 72 of the Local Court Act 2007 . For the procedure relating to the application, see Part 4 of that Act (which contains section 72).
Omit “that made the interim declaration” from section 22 (2).
Omit “that made the final declaration” from section 24 (2).
Omit
“the Local Court concerned” from section 25 (1).
Insert instead “the Local Court”.
Omit “that made the final declaration” from section 28 (2).
Omit section 29 (1). Insert instead:
(1) The relevant registrar of the Local Court must notify the Registrar-General of:(a) the making of an interim declaration under section 20, and(b) the making of a final declaration under section 24, and(c) the revocation of an interim declaration or a final declaration.
Omit “the registrar of a Local Court” from
section 25 (3).
Insert instead “a registrar of the Local Court”.
Omit “Local Courts exercising civil jurisdiction” from
section 52 (1) (b).
Insert instead “the Local Court in its exercise of civil jurisdiction”.
Omit “Part 7 of the Local Courts Act 1982 ” from section 54 (1).
Insert instead “Part 3 of the Local Court Act 2007 ”.
Omit “A Local Court constituted by a Magistrate in the district in which the
premises of the warehouseman are situated” from section 6 (6).
Insert instead “The Local Court”.
Omit the definition of "Justice".
Omit “before a magistrate
or any 2 justices constituting a Local Court”.
Insert instead “in the Local Court”.
Omit “before a
magistrate or any 2 justices constituting a Local Court”.
Insert instead “in the Local Court”.
Omit section 84 (2) (b). Insert instead:
(b) if made by the Local Court, may be enforced in the Local Court in its exercise of jurisdiction under Part 3 of the Local Court Act 2007 .
Omit “a Local Court if the information was laid”.
Insert instead “the Local Court if the court attendance notice was
issued”.
Omit “where there is a Local Court” from section 98 (1).
Insert instead “where the Local Court sits”.
Omit “Local Courts”. Insert instead “the Local Court”.
Omit “stipendiary magistrate” from section 25 (7).
Insert instead “Magistrate”.
Omit “a court of petty sessions
constituted by a stipendiary magistrate sitting alone” from section 28 (1)
(b).
Insert instead “the Local Court”.
Omit section 31 (1).
Omit “a court”. Insert instead “the Local Court”.
Omit “The court to which an application is made under
subsection (2)”.
Insert instead “If an application is made under subsection (2), the Local
Court”.
Omit “a court” and “the court”. Insert instead “the Local Court”.