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TASMANIA
__________
SUPREME COURT AMENDMENT BILL 2007
__________
CONTENTS
1. Short title
2. Commencement
3. Legislative Amendments
Schedule 1 Legislative Amendments
[Bill 56]-III
2
SUPREME COURT AMENDMENT BILL 2007
(Brought in by the Minister for Justice and Workplace
Relations, the Honourable Steven Kons)
A BILL FOR
An Act to amend the Supreme Court Act 1959 to change the
title of the Master of the Supreme Court to that of
Associate Judge and to amend certain other Acts
consequent on that change
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Supreme Court
Amendment Act 2007.
2. Commencement
This Act commences on a day to be proclaimed.
3. Legislative Amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
[Bill 56] 3
Supreme Court Amendment Act 2007
Act No. of
sch. 1
SCHEDULE 1 LEGISLATIVE AMENDMENTS
Section 3
Supreme Court Act 1959
1. The long title is amended by inserting ", to
rename that office as the office of Associate
Judge" after "of the Supreme Court".
2. Section 3 is amended as follows:
(a) by inserting the following definition after
the definition of "accumulation scheme":
"Associate Judge" means the Master
and Keeper of the Records
mentioned in the Charter of
Justice and includes an Acting
Associate Judge;
(b) by inserting the following definition after
the definition of "barrister":
"Charter of Justice" means the
Charter of Justice granted by the
letters patent of King William IV,
dated 4 March 1831, constituting
the Supreme Court of Van
Diemen's Land;
(c) by omitting the definition of "Master".
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Act No. of
sch. 1
3. Part II is amended by omitting "THE MASTER
OF THE SUPREME COURT" from the
heading to that Part and substituting
"ASSOCIATE JUDGE OF THE SUPREME
COURT".
4. Section 4 is amended as follows:
(a) by omitting from subsection (1) "Master"
and substituting "Associate Judge";
(b) by omitting from subsection (2) "he" and
substituting "he or she";
(c) by omitting subsection (3);
(d) by omitting from subsection (4) "Master"
and substituting "Associate Judge";
(e) by omitting from subsection (4A)
"Master" first occurring and substituting
"Associate Judge";
(f) by omitting from subsection (4A)(a)
"Master" and substituting "Associate
Judge";
(g) by omitting from subsection (4B)
"Master" first occurring and substituting
"Associate Judge";
(h) by omitting from subsection (4B)(b)
"Master" and substituting "Associate
Judge";
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Supreme Court Amendment Act 2007
Act No. of
sch. 1
(i) by omitting from subsection (5) "Master"
and substituting "Associate Judge";
(j) by omitting from subsection (6) "Master"
and substituting "Associate Judge";
(k) by omitting from subsection (7) "Master"
and substituting "Associate Judge".
5. Section 4AA is amended as follows:
(a) by omitting from subsection (1) "Master"
and substituting "Associate Judge";
(b) by omitting from subsection (2) "Master"
first occurring and substituting
"Associate Judge";
(c) by omitting from subsection (2)(b)
"Master" and substituting "Associate
Judge";
(d) by omitting from subsection (2)(d)
"Master" and substituting "Associate
Judge";
(e) by omitting from subsection (2)(e)
"Master" and substituting "Associate
Judge";
(f) by omitting from subsection (3) "Master"
first occurring and substituting
"Associate Judge";
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Supreme Court Amendment Act 2007
Act No. of
sch. 1
(g) by omitting from subsection (3)(c)
"Master" and substituting "Associate
Judge";
(h) by omitting from subsection (3)(d)
"Master" and substituting "Associate
Judge";
(i) by omitting from subsection (4) "Master"
and substituting "Associate Judge";
(j) by omitting from subsection (5) "a
Master" and substituting "the Associate
Judge";
(k) by omitting from subsection (6) "Master"
and substituting "Associate Judge";
(l) by omitting from subsection (6A)
"Master" and substituting "Associate
Judge";
(m) by inserting the following subsection
after subsection (7):
(8) For the purpose of subsection (1),
it is immaterial that, if the
appointment referred to in that
subsection was made after
1 July 1999 but before the
commencement of the Supreme
Court Amendment Act 2007, the
appointment as Associate Judge
would have referred to the former
style of that office: Master.
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Act No. of
sch. 1
6. Section 4AB is amended by omitting "Master"
and substituting "Associate Judge".
7. Section 4AC is amended by omitting "Master"
and substituting "Associate Judge".
8. Section 4A is amended as follows:
(a) by omitting from subsection (1) "Master"
first occurring and substituting
"Associate Judge";
(b) by omitting from subsection (1) "Acting
Master" and substituting "Acting
Associate Judge";
(c) by omitting from subsection (2A)
"Acting Master" and substituting "Acting
Associate Judge";
(d) by omitting from subsection (2B)
"Acting Master" and substituting "Acting
Associate Judge";
(e) by omitting from subsection (2B)
"practise" and substituting "practice";
(f) by omitting from subsection (2C)
"Acting Master" and substituting "Acting
Associate Judge";
(g) by omitting from subsection (3)(a)
"Acting Master" and substituting "Acting
Associate Judge";
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Supreme Court Amendment Act 2007
Act No. of
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(h) by omitting from subsection (3)(a)
"Master" second occurring and
substituting "Associate Judge";
(i) by omitting from subsection (3)(b)
"Acting Master" and substituting "Acting
Associate Judge";
(j) by omitting from subsection (3)(b)
"Master" second occurring and
substituting "Associate Judge";
(k) by omitting from subsection (3)(c)
"Acting Master" and substituting "Acting
Associate Judge".
9. Section 5 is amended as follows:
(a) by omitting from subsection (1) "Master"
and substituting "Associate Judge";
(b) by omitting from subsection (2) "Master"
and substituting "Associate Judge";
(c) by omitting from subsection (2) "he has
attained" and substituting "attaining".
10. Section 5C is repealed and the following section
is substituted:
5C. Resignation of Associate Judge
The Associate Judge may resign office
by signed notice in writing delivered to
the Governor.
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Act No. of
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11. Section 5D is amended by omitting "Master" and
substituting "Associate Judge".
12. Sections 5E and 5F are repealed and the
following sections are substituted:
5E. Associate Judge not to engage in private
practice, &c.
(1) The Associate Judge must not, except for
the purposes of performing the functions
of that office, practise any profession or
engage in other employment.
(2) However, subsection (1) does not
preclude the Associate Judge from
(a) holding any office that, by or
under an enactment, is to be or
may be held by the holder of the
office of Associate Judge; or
(b) holding any office or engaging in
any employment with the express
written permission of the
Attorney-General.
5F. Rights of State Service officer or employee
appointed as Associate Judge
(1) The Associate Judge is not, as regards
that particular office, subject to the
provisions of the State Service Act 2000.
(2) However, if a person appointed as
Associate Judge was a State Service
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Act No. of
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officer or State Service employee
immediately before that appointment
(a) the person retains all of his or her
existing and accruing rights; and
(b) for the purposes of determining
those rights, the person's service
as Associate Judge is to be taken
into account as if it were service
as a State Service officer or State
Service employee.
13. Section 5G is amended as follows:
(a) by omitting "Master" first occurring and
substituting "Associate Judge";
(b) by omitting "he considers may
reasonably be necessary for the purpose
of assisting the Master in the
performance of his duties" and
substituting "the Registrar considers may
reasonably be necessary to help the
Associate Judge perform the duties of
that office".
14. Section 5H is amended by omitting "his duties as
Master" and substituting "his or her duties as
Associate Judge,".
15. Section 5HA is amended as follows:
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(a) by omitting from subsection (1) "Master"
twice occurring and substituting
"Associate Judge";
(b) by omitting subsection (2) and
substituting the following subsection:
(2) Unless a nomination under
subsection (1) has been made to
the Treasurer within one month
after the commencement of the
Superannuation (Parliament,
Judiciary and Statutory Legal
Officers) Reform Act 1999, the
Associate Judge is taken to have
elected to transfer the amounts
specified in subsection (4) to an
investment account established
by the regulations under the
Retirement Benefits Act 1993.
(c) by omitting from subsection (4)(a)
"Master" and substituting "Associate
Judge";
(d) by omitting from subsection (4)(b)
"Master" and substituting "Associate
Judge".
16. After section 5HA, the following section is
inserted in Part II:
5HB. Transitional office holder provision
To avoid doubt
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Act No. of
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(a) the person who held the office of
Master of the Supreme Court
immediately before the
commencement of the Supreme
Court Amendment Act 2007
continues to hold that office on
and after that commencement,
under and subject to the Supreme
Court Act 1959 and on the same
terms and conditions of
appointment, under its new title
of "Associate Judge"; and
(b) a person who held appointment as
Acting Master of the Supreme
Court immediately before the
commencement of the Supreme
Court Amendment Act 2007
continues to hold that
appointment on and after that
commencement, under and
subject to the Supreme Court Act
1959 and on the same terms and
conditions of appointment, under
the new title of "Acting Associate
Judge".
Annulled Convictions Act 2003
1. Schedule 1 is amended by omitting "master"
from clause 1 of Part 1 and substituting
"Associate Judge".
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Act No. of
sch. 1
Appeal Costs Fund Act 1968
1. Section 2 is amended by omitting ", the Master"
from the definition of "judicial officer" and
substituting "or the Associate Judge".
2. Section 8 is amended as follows:
(a) by omitting from subsection (1)(a)(iii)
"Master" and substituting "Associate
Judge";
(b) by omitting from subsection (3) "Master"
and substituting "Associate Judge".
Council of Law Reporting Act 1990
1. Section 3 is amended by omitting "Master" from
the definition of "judicial decision" and
substituting "Associate Judge of the Supreme
Court".
Criminal Code Act 1924
1. Section 388A is amended as follows:
(a) by omitting from subsection (1)(b)
"Master" and substituting "Associate
Judge";
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Supreme Court Amendment Act 2007
Act No. of
sch. 1
(b) by omitting from subsection (1)(b)
"Master's" and substituting "Associate
Judge's";
(c) by omitting from subsection (2) "Master"
and substituting "Associate Judge";
(d) by omitting from subsection (3)
"Master's" and substituting "Associate
Judge's";
(e) by omitting from subsection (6) "Master"
and substituting "Associate Judge";
(f) by omitting from subsection (8) "Master"
and substituting "Associate Judge".
Electoral Act 2004
1. Section 49 is amended as follows:
(a) by omitting from subsection (4) "Master"
and substituting "the Associate Judge";
(b) by omitting from subsection (5) "Master"
and substituting "Associate Judge of the
Supreme Court".
2. Section 85 is amended as follows:
(a) by omitting from subsection (3) "Master"
and substituting "the Associate Judge";
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Act No. of
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(b) by omitting from subsection (4) "Master"
and substituting "Associate Judge of the
Supreme Court".
Evidence (Audio and Audio Visual Links) Act 1999
1. Section 19(b)(ii) is amended by omitting "a
Master" and substituting "an Associate Judge".
Judges' Contributory Pensions Act 1968
1. Section 2A is amended by omitting "Master"
twice occurring from paragraph (b) of the
definition of "appropriate judicial salary" and
substituting "Associate Judge".
2. Section 3(2) is amended as follows:
(a) by omitting from paragraph (a) "Master"
and substituting "Associate Judge";
(b) by omitting from paragraph (b) "Master"
and substituting "Associate Judge".
3. Section 5(1) is amended as follows:
(a) by omitting from paragraph (a) "Master"
and substituting "Associate Judge";
(b) by omitting from paragraph (b) "Master"
and substituting "Associate Judge".
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Act No. of
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4. Section 10 is amended as follows:
(a) by omitting "Master" first occurring and
substituting "Associate Judge";
(b) by omitting from paragraph (a) "Master"
and substituting "Associate Judge";
(c) by omitting from paragraph (b) "Master"
and substituting "Associate Judge".
Land Acquisition Act 1993
1. Section 3(1) is amended by omitting the
definition of "Master".
2. Section 61 is amended as follows:
(a) by omitting from paragraph (a) "Master"
twice occurring and substituting "the
Associate Judge";
(b) by omitting from paragraph (b) "Master"
twice occurring and substituting "the
Associate Judge".
Motor Accidents (Liabilities and Compensation) Act 1973
1. Section 12(2A) is amended by omitting "Master"
and substituting "the Associate Judge".
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Act No. of
sch. 1
Ombudsman Act 1978
1. Section 4(2)(j) is amended by omitting "a
Master" and substituting "the Associate Judge".
Promissory Oaths Act 1869
1. Schedule 1 is amended by omitting "Master"
from clause 3 of Part 2 and substituting
"Associate Judge".
Public Interest Disclosures Act 2002
1. Section 4(2)(b) is amended by omitting "Master"
and substituting "Associate Judge".
Public Sector Superannuation Reform Act 1999
1. Section 3A(c) is amended by omitting "Master"
and substituting "Associate Judge".
Retirement Benefits Act 1993
1. Section 5(1)(c) is amended by omitting "Master"
and substituting "Associate Judge".
Supreme Court Civil Procedure Act 1932
1. Section 3(1) is amended as follows:
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Supreme Court Amendment Act 2007
Act No. of
sch. 1
(a) by inserting the following definition after
the definition of "assessed capital value":
"Associate Judge" means the
Associate Judge of the Supreme
Court;
(b) by omitting the definition of "Master".
2. Section 191A is amended by omitting "Master"
twice occurring and substituting "Associate
Judge".
3. Section 191B is amended as follows:
(a) by omitting from subsection (1) "Master"
and substituting "Associate Judge";
(b) by omitting from subsection (1) "him"
and substituting "him or her";
(c) by omitting from subsection (2) "Master"
and substituting "Associate Judge";
(d) by omitting from subsection (3) "Master"
twice occurring and substituting
"Associate Judge";
(e) by omitting from subsection (4) "Master"
and substituting "Associate Judge".
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4. Section 193(1) is amended by omitting "Master"
first occurring and substituting "Associate
Judge".
5. Section 197 is amended as follows:
(a) by omitting from subsection (1)(f)
"Master" and substituting "Associate
Judge";
(b) by omitting from subsection (1)(v)
"Master" and substituting "Associate
Judge";
(c) by omitting from subsection (1A)
"Master" and substituting "Associate
Judge";
(d) by omitting from subsection (3A)
"Master" and substituting "Associate
Judge".
6. Section 202(1) is amended by omitting "Master"
and substituting "Associate Judge".
20 Government Printer, Tasmania