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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
DISTRICT COURTS
LEGISLATION
AMENDMENT BILL 1996
Queensland
DISTRICT COURTS LEGISLATION
AMENDMENT BILL 1996
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF DISTRICT COURTS ACT 1967
2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Replacement of s 10 (Chief Judge and senior judges) . . . . . . . . . . . . . . . . . 4
10 Chief Judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Replacement of s 15 (Removal from office) . . . . . . . . . . . . . . . . . . . . . . . . . 4
15 Removal from office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5 Amendment of s 17 (Acting judge) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Replacement of pt 8 (Appeals to District Courts) . . . . . . . . . . . . . . . . . . . . 5
PART 8--APPEALS TO DISTRICT COURTS
111 Definitions for pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
112 No appeal lies from Magistrates Court to Supreme Court . . . . . . . . 5
113 Power of District Court on appeal from Magistrates Court . . . . . . . 6
114 Other appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
115 District Court's jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
116 Venue of appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
117 Transfer of appeal hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Insertion of new s 137 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
137 Continued use of title of senior judge . . . . . . . . . . . . . . . . . . . . . . . . 8
2
District Courts Legislation Amendment
PART 3--AMENDMENT OF CRIMINAL JUSTICE ACT 1989
8 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Amendment of s 28 (Commission's report insufficient for judge's
removal from Supreme Court) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
1996
A BILL
FOR
An Act to amend the District Courts Act 1967, and for related
purposes
s1 4 s4
District Courts Legislation Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the District Courts Legislation Amendment 4
Act 1996. 5
PART 2--AMENDMENT OF DISTRICT COURTS ACT 6
1967 7
amended in pt 2 8
Act
Clause 2. This part amends the District Courts Act 1967. 9
of s 10 (Chief Judge and senior judges) 10
Replacement
Clause 3. Section 10-- 11
omit, insert-- 12
Judge 13
`Chief
`10.(1) The Governor in Council may, by commission, appoint a judge 14
as Chief Judge of District Courts. 15
`(2) The Governor in Council may, by gazette notice, appoint a judge to 16
act as Chief Judge during any period, or all periods, when the Chief Judge 17
is absent from duty or the State, or is, for another reason, unable to perform 18
the duties of office.'. 19
of s 15 (Removal from office) 20
Replacement
Clause 4. Section 15-- 21
s5 5 s6
District Courts Legislation Amendment
omit, insert-- 1
from office 2
`Removal
`15. The Governor may remove a judge for incapacity or misbehaviour 3
on the address of the Legislative Assembly.'. 4
of s 17 (Acting judge) 5
Amendment
Clause 5. Section 17(2)-- 6
omit. 7
of pt 8 (Appeals to District Courts) 8
Replacement
Clause 6. Part 8-- 9
omit, insert-- 10
ART 8--APPEALS TO DISTRICT COURTS 11
`P
for pt 8 12
`Definitions
`111. In this part-- 13
"appeal" includes a special case or other case stated for the opinion of a 14
District Court. 15
"central district" means the central district of the Supreme Court. 16
"decision" includes a conviction, determination, judgment and order 17
recorded or made by a court. 18
"northern district" means the northern district of the Supreme Court. 19
"party" includes a prospective party to a proposed appeal. 20
appeal lies from Magistrates Court to Supreme Court 21
`No
`112. An appeal may not be made from a Magistrates Court to the 22
Supreme Court. 23
s6 6 s6
District Courts Legislation Amendment
of District Court on appeal from Magistrates Court 1
`Power
`113. A District Court has, for an appeal from a Magistrates Court, the 2
same powers as the Supreme Court had for the same type of appeal 3
immediately before the commencement of the District Courts Act 1958, 4
including for an application for leave to appeal. 5
appeals 6
`Other
`114.(1) This section applies if, under an Act, provision is made for an 7
appeal-- 8
(a) to a court of general or quarter sessions; or 9
(b) to a judge of the Supreme Court on circuit; or 10
(c) from a decision of justices and no other court of appeal is 11
mentioned. 12
`(2) The appeal lies to a District Court. 13
Court's jurisdiction 14
`District
`115.(1) If, under an Act, an appeal may be made to a District Court, 15
jurisdiction to hear and decide the appeal may be exercised by any District 16
Court. 17
`(2) Subsection (1) is subject to sections 116 and 117.1 18
of appeals 19
`Venue
`116.(1) An appeal to a District Court about a decision of or a matter 20
before a court must be heard and decided in the district in which the court 21
exercised or is exercising jurisdiction. 22
`(2) However, the parties to the proceeding may agree to the appeal being 23
heard and decided at a particular place, including a place outside the district. 24
`(3) This section is subject to a provision of another Act that provides for 25
the place where an appeal to a District Court must or may be heard. 26
1 Section 116 (Venue of appeals)
Section 117 (Transfer of appeal hearings)
s7 7 s7
District Courts Legislation Amendment
`(4) In this section-- 1
"district" means-- 2
(a) the northern district; or 3
(b) the central district; or 4
(c) the southern district. 5
"southern district" means the part of the State not included in the northern 6
or central district. 7
of appeal hearings 8
`Transfer
`117.(1) A judge may order that an appeal is to be transferred to a 9
District Court at another place, if it appears to the judge-- 10
(a) that it is in the interests of justice that the appeal be heard at the 11
other place; or 12
(b) that the appeal may be more conveniently heard at the other place 13
and no party to the proceeding objects. 14
`(2) The order may be made on the application of a party to the 15
proceeding, or, if the judge is the judge hearing the appeal, on the judge's 16
own initiative. 17
`(3) The officer that has the appeal record must give the record and all 18
appropriate exhibits to the appropriate officer at the place where the appeal is 19
to be heard. 20
`(4) In this section-- 21
"heard" includes-- 22
(a) heard and decided; and 23
(b) continued and decided.'. 24
of new s 137 25
Insertion
Clause 7. After section 136-- 26
insert-- 27
s8 8 s9
District Courts Legislation Amendment
use of title of senior judge 1
`Continued
`137.(1) A person holding office as a senior judge immediately before 2
the commencement of the District Courts Legislation Amendment Act 1996 3
may continue to use the title senior judge while the person continues to hold 4
office as a judge. 5
`(2) This section expires on 31 December 2012.'. 6
ART 3--AMENDMENT OF CRIMINAL JUSTICE 7
P
ACT 1989 8
amended in pt 3 9
Act
Clause 8. This part amends the Criminal Justice Act 1989. 10
of s 28 (Commission's report insufficient for judge's 11
Amendment
removal from Supreme Court) 12
Clause 9.(1) Section 28, heading-- 13
omit, insert-- 14
`Commission's report insufficient for removal of Supreme Court or 15
District Court judge'. 16
(2) Section 28(1), `a judge of the Supreme Court'-- 17
omit, insert-- 18
`a Supreme Court or District Court judge'. 19
20
© State of Queensland 1996
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