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PARLIAMENT OF VICTORIA
Courts and Tribunals Legislation (Amendment) Act
1999
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--EMPLOYMENT-RELATED EXPENSES OF JUDGES,
MASTERS AND MAGISTRATES 3
3. Constitution Act 1975 3
4. County Court Act 1958 4
5. Magistrates' Court Act 1989 6
PART 3--REMUNERATION OF ACTING MAGISTRATES 8
6. Remuneration of acting magistrates 8
7. Consequential amendment of Judicial Remuneration Tribunal
Act 1995 8
PART 4--AMENDMENT OF SENTENCING ACT 1991 10
8. Time held in custody pending appeal 10
9. New section 121 substituted 10
121. Transitional provision--Courts and Tribunals
Legislation (Amendment) Act 1999 10
PART 5--INTERNAL PROMOTION OF VCAT MEMBERS 11
10. New section 16A inserted in Victorian Civil and
Administrative Tribunal Act 1998 11
16A. Internal promotion of Tribunal members 11
11. Repeal of spent transitional provision 11
NOTES 12
i
541026B.I1-20/12/99
PARLIAMENT OF VICTORIA
Initiated in Assembly 15 December 1999
A BILL
to amend the Constitution Act 1975, the County Court Act 1958,
the Magistrates' Court Act 1989 and the Judicial Remuneration
Tribunal Act 1995 with respect to the remuneration and related
expenses of judges, masters and magistrates, to repeal section 18(1A)
and (1B) of the Sentencing Act 1991, to amend the Victorian Civil
and Administrative Tribunal Act 1998 and for other purposes.
Courts and Tribunals Legislation
(Amendment) Act 1999
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
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541026B.I1-20/12/99
Courts and Tribunals Legislation (Amendment) Act 1999
s. 2
Act No.
(a) to amend the Constitution Act 1975, the
County Court Act 1958 and the
Magistrates' Court Act 1989 with respect
to employment-related expenses of judges,
5 masters and magistrates;
(b) to amend the Magistrates' Court Act 1989
and the Judicial Remuneration Tribunal
Act 1995 to give that tribunal jurisdiction in
relation to the remuneration of acting
10 magistrates;
(c) to amend the Sentencing Act 1991 to
remove the power of the Court of Appeal to
direct that time spent in custody pending an
appeal is not to be reckoned as a period of
15 imprisonment already served;
(d) to amend the Victorian Civil and
Administrative Tribunal Act 1998 to
provide for the internal promotion of tribunal
members.
20 2. Commencement
(1) This Act, except Part 2, comes into operation on
the day after the day on which it receives the
Royal Assent.
(2) Part 2 comes into operation on 1 July 2000.
25 _______________
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Courts and Tribunals Legislation (Amendment) Act 1999
s. 3
Act No.
PART 2--EMPLOYMENT-RELATED EXPENSES OF
JUDGES, MASTERS AND MAGISTRATES
No.
3. Constitution Act 1975 8750/1975.
(1) In section 80A of the Constitution Act 1975, for Reprint No. 13
as at
5 sub-section (6) substitute-- 17 September
1998. Further
"(6) The following are to be paid out of the amended by
No. 24/1999.
Consolidated Fund, which is appropriated to
the necessary extent--
(a) the amounts payable under this section
10 to Judges who make an election under
sub-section (1) or are appointed under
sub-section (3A); and
(b) premiums and other amounts payable
under the Accident Compensation
15 (WorkCover Insurance) Act 1993 in
respect of those Judges; and
(c) pay-roll tax payable under the Pay-roll
Tax Act 1971 in respect of wages paid
or payable to those Judges; and
20 (d) tax payable under the Fringe Benefits
Tax Act 1986 of the Commonwealth in
respect of fringe benefits provided to
those Judges.".
(2) In section 82 of the Constitution Act 1975, for
25 sub-section (7) substitute--
"(7) The following are to be paid out of the
Consolidated Fund, which is appropriated to
the necessary extent--
(a) the salaries and allowances payable
30 under this section; and
(b) premiums and other amounts payable
under the Accident Compensation
3
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Courts and Tribunals Legislation (Amendment) Act 1999
s. 4
Act No.
(WorkCover Insurance) Act 1993 in
respect of the Judges of the Court; and
(c) pay-roll tax payable under the Pay-roll
Tax Act 1971 in respect of wages paid
5 or payable to the Judges of the Court;
and
(d) tax payable under the Fringe Benefits
Tax Act 1986 of the Commonwealth in
respect of fringe benefits provided to
10 the Judges of the Court.".
(3) In section 83A of the Constitution Act 1975, for
sub-section (4) substitute--
"(4) The following are to be paid out of the
Consolidated Fund, which is appropriated to
15 the necessary extent--
(a) the salaries and allowances payable
under this section; and
(b) premiums and other amounts payable
under the Accident Compensation
20 (WorkCover Insurance) Act 1993 in
respect of the masters; and
(c) pay-roll tax payable under the Pay-roll
Tax Act 1971 in respect of wages paid
or payable to the masters; and
25 (d) tax payable under the Fringe Benefits
Tax Act 1986 of the Commonwealth in
respect of fringe benefits provided to
the masters.".
No. 4. County Court Act 1958
6230/1958.
30 (1) In section 10 of the County Court Act 1958, for
Reprint No. 9
as at 1 August
sub-section (7) substitute--
1998. Further
amended by
"(7) The following are to be paid out of the
No. 10/1999.
Consolidated Fund, which is appropriated to
the necessary extent--
4
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s. 4
Act No.
(a) the salaries and allowances payable
under this section; and
(b) premiums and other amounts payable
under the Accident Compensation
5 (WorkCover Insurance) Act 1993 in
respect of the judges; and
(c) pay-roll tax payable under the Pay-roll
Tax Act 1971 in respect of wages paid
or payable to the judges; and
10 (d) tax payable under the Fringe Benefits
Tax Act 1986 of the Commonwealth in
respect of fringe benefits provided to
the judges.".
(2) In section 13A of the County Court Act 1958,
15 for sub-section (6) substitute--
"(6) The following are to be paid out of the
Consolidated Fund, which is appropriated to
the necessary extent--
(a) the amounts payable under this section
20 to judges who make an election under
sub-section (1) or are appointed under
sub-section (3A); and
(b) premiums and other amounts payable
under the Accident Compensation
25 (WorkCover Insurance) Act 1993 in
respect of those judges; and
(c) pay-roll tax payable under the Pay-roll
Tax Act 1971 in respect of wages paid
or payable to those judges; and
30 (d) tax payable under the Fringe Benefits
Tax Act 1986 of the Commonwealth in
respect of fringe benefits provided to
those judges.".
5
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Courts and Tribunals Legislation (Amendment) Act 1999
s. 5
Act No.
(3) In section 17AA of the County Court Act 1958,
for sub-section (4) substitute--
"(4) The following are to be paid out of the
Consolidated Fund, which is appropriated to
5 the necessary extent--
(a) the salaries and allowances payable
under this section; and
(b) premiums and other amounts payable
under the Accident Compensation
10 (WorkCover Insurance) Act 1993 in
respect of the masters of the court; and
(c) pay-roll tax payable under the Pay-roll
Tax Act 1971 in respect of wages paid
or payable to the masters of the court;
15 and
(d) tax payable under the Fringe Benefits
Tax Act 1986 of the Commonwealth in
respect of fringe benefits provided to
the masters of the court.".
No. 51/1989.
20 5. Magistrates' Court Act 1989
Reprint No. 6
(1) In Schedule 1 to the Magistrates' Court Act
as at 1 July
1999. Further
1989, for clause 10 substitute--
amended by
No. 35/1999.
"10. The following are to be paid out of the Consolidated
Fund, which is appropriated to the necessary extent--
25 (a) the salaries and allowances payable under this
Part; and
(b) premiums and other amounts payable under the
Accident Compensation (WorkCover
Insurance) Act 1993 in respect of the
30 magistrates; and
(c) superannuation benefits (within the meaning of
the Pay-roll Tax Act 1971) payable in respect
of the magistrates; and
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Courts and Tribunals Legislation (Amendment) Act 1999
s. 5
Act No.
(d) pay-roll tax payable under the Pay-roll Tax
Act 1971 in respect of wages paid or payable to
the magistrates; and
(e) tax payable under the Fringe Benefits Tax Act
5 1986 of the Commonwealth in respect of fringe
benefits provided to the magistrates.".
(2) In Schedule 1 to the Magistrates' Court Act
1989, for clause 12 substitute--
"12. The following are to be paid out of the Consolidated
10 Fund, which is appropriated to the necessary extent--
(a) the remuneration payable under this Part; and
(b) premiums and other amounts payable under the
Accident Compensation (WorkCover
Insurance) Act 1993 in respect of acting
15 magistrates; and
(c) superannuation benefits (within the meaning of
the Pay-roll Tax Act 1971) payable in respect
of acting magistrates; and
(d) pay-roll tax payable under the Pay-roll Tax
20 Act 1971 in respect of wages paid or payable to
acting magistrates; and
(e) tax payable under the Fringe Benefits Tax Act
1986 of the Commonwealth in respect of fringe
benefits provided to acting magistrates.".
25 _______________
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Courts and Tribunals Legislation (Amendment) Act 1999
s. 6
Act No.
PART 3--REMUNERATION OF ACTING MAGISTRATES
6. Remuneration of acting magistrates
In Schedule 1 to the Magistrates' Court Act
1989, for clause 11 substitute--
5 "11. An acting magistrate, while undertaking the duties of
a magistrate, is entitled to be paid--
(a) remuneration at such rate or of such amount or
of such kind as that to which he or she was
entitled--
10 (i) immediately before the commencement
of section 6 of the Courts and
Tribunals Legislation (Amendment)
Act 1999; or
(ii) upon his or her appointment--
15 whichever is the later; or
(b) remuneration at such rate or of such amount or
of such kind as is for the time being applicable
pursuant to an adjustment certified by the
Attorney-General under the Judicial
20 Remuneration Tribunal Act 1995.".
No. 22/1995 7. Consequential amendment of Judicial Remuneration
as amended
Tribunal Act 1995
by No.
46/1998.
(1) In section 1(b) of the Judicial Remuneration
Tribunal Act 1995 after "persons" insert "and
25 the remuneration of acting magistrates".
(2) After section 11(1) of the Judicial Remuneration
Tribunal Act 1995 insert--
"(1A) The Tribunal also has the function of
inquiring into, and reporting to the Attorney-
30 General on, the question whether any
adjustments are desirable in the
remuneration of acting magistrates.".
8
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Courts and Tribunals Legislation (Amendment) Act 1999
s. 7
Act No.
(3) In the Judicial Remuneration Tribunal Act
1995--
(a) in section 13(2) after "office" insert "or the
remuneration of an acting magistrate";
5 (b) in section 15(1) after "allowances," (where
secondly occurring) insert "or
remuneration,";
(c) in section 15(2) after "allowances" insert "or
remuneration";
10 (d) Part 4 is repealed.
_______________
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Courts and Tribunals Legislation (Amendment) Act 1999
s. 8
Act No.
PART 4--AMENDMENT OF SENTENCING ACT 1991
No. 49/1991. 8. Time held in custody pending appeal
Reprint No. 4
In section 18 of the Sentencing Act 1991--
as at 1 July
1998. Further
amended by (a) sub-sections (1A) and (1B) are repealed;
Nos 57/1998,
10/1999,
5 (b) in sub-section (2), paragraph (ca) is
19/1999 and
repealed.
35/1999.
9. New section 121 substituted
For section 121 of the Sentencing Act 1991
substitute--
10 "121. Transitional provision--Courts and
Tribunals Legislation (Amendment) Act
1999
The amendments of this Act made by
section 8 of the Courts and Tribunals
15 Legislation (Amendment) Act 1999 apply
in relation to any application for leave to
appeal determined on or after the
commencement of that section, whether
notice of the application was given before or
20 after that commencement.".
_______________
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Courts and Tribunals Legislation (Amendment) Act 1999
s. 10
Act No.
PART 5--INTERNAL PROMOTION OF VCAT MEMBERS
No. 53/1998.
10. New section 16A inserted in Victorian Civil and
Reprint No. 1
Administrative Tribunal Act 1998 as at 1 July
1999. Further
After section 16 of the Victorian Civil and amended by
5 Administrative Tribunal Act 1998 insert-- No. 17/1999.
"16A. Internal promotion of Tribunal members
(1) The Governor in Council, on the
recommendation of the Minister, may
appoint--
10 (a) a senior member of the Tribunal as a
Deputy President;
(b) an ordinary member of the Tribunal as
a senior member--
for the remainder of the member's term of
15 office.
(2) The Minister may recommend the
appointment of a member under
sub-section (1) only if--
(a) the member is eligible for appointment
20 as a Deputy President or senior
member, as the case requires; and
(b) the President has recommended the
appointment to the Minister.".
No. 52/1998
11. Repeal of spent transitional provision as amended
by No.
25 In Schedule 2 to the Tribunals and Licensing 101/1998.
Authorities (Miscellaneous Amendments) Act
1998, clause 6 is repealed.
11
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Courts and Tribunals Legislation (Amendment) Act 1999
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
12
541026B.I1-20/12/99
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