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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Courts Legislation (Amendment) Act 2003
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--JUDICIAL PENSIONS 3
3. Service counting for pension purposes as service as Supreme
Court Judge 3
4. Service counting for pension purposes as service as County
Court Judge 4
PART 3--AMENDMENT TO MAGISTRATES' COURT ACT 1989 6
5. Fixed term appointment of Deputy Chief Magistrates 6
6. Diversion program 6
7. Supreme Court--limitation of jurisdiction 7
8. PERIN--Powers of Court 7
9. Validation 7
10. Transitional provision 8
ENDNOTES 9
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551039B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 29 April 2003
A BILL
to amend the Constitution Act 1975 and the County Court Act 1958
with respect to the recognition for pension purposes of certain prior
service of persons appointed as judges, to amend the Magistrates'
Court Act 1989 and for other purposes.
Courts Legislation (Amendment) Act
2003
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to amend the Constitution Act 1975 and the
5 County Court Act 1958 with respect to the
recognition for pension purposes of certain
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551039B.I1-2/5/2003 BILL LA CIRCULATION 25-10-2004
Courts Legislation (Amendment) Act 2003
Act No.
Part 1--Preliminary
s. 2
prior service of persons appointed as judges;
and
(b) to amend the Magistrates' Court Act
1989--
5 (i) to provide for fixed term appointment
of Deputy Chief Magistrates; and
(ii) to clarify the operation of adjournments
to undertake diversion programs and
other powers of the Court.
10 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 is deemed to have come into operation on
15 1 May 2003.
__________________
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Courts Legislation (Amendment) Act 2003
Act No.
Part 2--Judicial Pensions
s. 3
PART 2--JUDICIAL PENSIONS
3. Service counting for pension purposes as service as
Supreme Court Judge
See: (1) In section 83(1)(a) of the Constitution Act
Act No.
5 1975--
8750.
Reprint No. 16
(a) in sub-paragraph (ii) for "years--"
as at
8 April 2003.
substitute "years; or";
LawToday:
www.dms.
(b) after sub-paragraph (ii) insert--
dpc.vic.
gov.au
"(iii) in the case of a Judge to whom sub-
10 section (6)(ba) applies who was
appointed as a Judge of the Court after
the commencement of section 18 of the
Judicial Remuneration Tribunal Act
1995 but who before that
15 commencement had service that, by
force of that sub-section, counts as
service in the office of Judge of the
Court, the age of 60 years--".
(2) After section 83(4)(i) of the Constitution Act
20 1975 insert--
"(ia) shall be diminished by the amount of any
pension to which he or she is entitled under
the law of the Commonwealth or of another
State or of the Northern Territory or the
25 Australian Capital Territory, being a pension
for which he or she qualified because of
service that, by force of sub-section (6)(ba),
was or could have been counted as service in
the office of Judge of the Court; and".
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Courts Legislation (Amendment) Act 2003
Act No.
Part 2--Judicial Pensions
s. 4
(3) After section 83(6)(b) of the Constitution Act
1975 insert--
"(ba) if any Judge of the Court was immediately
prior to his or her appointment--
5 (i) a judge of the High Court of Australia
or of a court created by the Parliament
of the Commonwealth, other than the
Federal Magistrates Court; or
(ii) a judge of a court of another State or of
10 the Northern Territory or the Australian
Capital Territory, other than a
Magistrates' Court or equivalent
court--
his or her service as such a judge shall count
15 as service in the office of Judge of the
Court;".
4. Service counting for pension purposes as service as
County Court Judge
See:
(1) In section 14(2)(a) of the County Court Act Act No.
20 1958-- 6230.
Reprint No. 10
(a) in sub-paragraph (ii) for "years--" as at
27 September
substitute "years; or"; 2001 and
amending
(b) after sub-paragraph (ii) insert-- Act Nos
107/1986,
"(iii) in the case of a judge to whom sub- 4/2002 and
25 11/2002.
section (5)(ac) applies who was
LawToday:
appointed as a judge after the www.dms.
dpc.vic.
commencement of section 23 of the
gov.au
Judicial Remuneration Tribunal Act
1995 but who before that
30 commencement had service that, by
force of that sub-section, counts as
service in the office of judge under this
Act, the age of 60 years--".
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Courts Legislation (Amendment) Act 2003
Act No.
Part 2--Judicial Pensions
s. 4
(2) After section 14(3A)(a) of the County Court Act
1958 insert--
"(ab) shall be diminished by the amount of any
pension to which he or she is entitled under
5 the law of the Commonwealth or of another
State or of the Northern Territory or the
Australian Capital Territory, being a pension
for which he or she qualified because of
service that, by force of sub-section (5)(ac),
10 was or could have been counted as service in
the office of judge under this Act; and".
(3) After section 14(5)(ab) of the County Court Act
1958 insert--
"(ac) if any judge under this Act was immediately
15 prior to his or her appointment--
(i) a judge of the High Court of Australia
or of a court created by the Parliament
of the Commonwealth, other than the
Federal Magistrates Court; or
20 (ii) a judge of a court of another State or of
the Northern Territory or the Australian
Capital Territory, other than a
Magistrates' Court or equivalent
court--
25 his or her service as such a judge shall count
as service in the office of judge under this
Act;".
__________________
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Courts Legislation (Amendment) Act 2003
Act No.
Part 3--Amendment to Magistrates' Court Act 1989
s. 5
PART 3--AMENDMENT TO MAGISTRATES' COURT ACT
1989
5. Fixed term appointment of Deputy Chief Magistrates
See:
After section 7(2) of the Magistrates' Court Act Act No.
5 1989 insert-- 51/1989.
Reprint No. 8
"(2A) A Deputy Chief Magistrate appointed on or as at
24 April 2002
after the commencement of section 5 of the and
Courts Legislation (Amendment) Act 2003 amending
Act Nos
holds office for a term not exceeding 5 years 2/2001, 2/2002,
10 specified in the instrument of appointment, 23/2002,
26/2002,
but is eligible for reappointment.". 27/2002,
35/2002,
37/2002 and
47/2002.
LawToday:
www.dms.
dpc.vic.
gov.au
6. Diversion program
(1) For section 128A(1) of the Magistrates' Court
Act 1989 substitute--
15 "(1) This section does not apply to--
(a) an offence punishable by a minimum or
fixed sentence or penalty, including
cancellation or suspension of a licence
or permit to drive a motor vehicle but
20 not including the incurring of demerit
points under the Road Safety Act 1986
or regulations made under that Act; or
(b) an offence under section 49(1) of the
Road Safety Act 1986 not referred to
25 in paragraph (a).".
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Courts Legislation (Amendment) Act 2003
Act No.
Part 3--Amendment to Magistrates' Court Act 1989
s. 7
(2) After section 128A(6) of the Magistrates' Court
Act 1989 insert--
"(7) This section does not affect the incurring of
demerit points under the Road Safety Act
5 1986 or regulations made under that Act.".
7. Supreme Court--limitation of jurisdiction
After section 139A(2) of the Magistrates' Court
Act 1989 insert--
"(3) It is the intention of clause 29 of Schedule 7
10 as affected by clause 28(4) of that Schedule
to alter or vary section 85 of the
Constitution Act 1975.".
8. PERIN--Powers of Court
In clause 24(1) of Schedule 7 to the Magistrates'
15 Court Act 1989--
(a) in paragraph (c), for "23(4)." substitute
"23(4); or";
(b) after paragraph (c) insert--
"(d) is not satisfied that it can act under
20 clause 23(1).".
9. Validation
After clause 28(3) of Schedule 7 to the
Magistrates' Court Act 1989 insert--
"(4) An order made or purported to have been made under
25 clause 24(2) before the commencement of section 8 of
the Courts Legislation (Amendment) Act 2003 has,
and is deemed always to have had, the same force and
effect as it would have had if it had been made after
the commencement of section 8 of that Act.".
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Courts Legislation (Amendment) Act 2003
Act No.
Part 3--Amendment to Magistrates' Court Act 1989
s. 10
10. Transitional provision
After clause 28 of Schedule 8 to the Magistrates'
Court Act 1989 insert--
"29. The amendments made to this Act by section 6 of the
5 Courts Legislation (Amendment) Act 2003 apply
with respect to a proceeding for an offence, whether
the offence is alleged to have been committed before
or after the commencement of that section.".
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Courts Legislation (Amendment) Act 2003
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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