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Western Australia
Acts Amendment and Repeal (Courts and Legal
Practice) Bill 2002
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Repeal of Legal Practitioners
Act 1893 and transitional and
savings provisions
Division 1 -- Preliminary
3. Interpretation 3
Division 2 -- Repeal
4. Legal Practitioners Act 1893 repealed 3
Division 3 -- Transitional and savings provisions
5. Application of Interpretation Act 1984 3
6. Legal Practice Board: transitional and savings
provisions 3
7. Articled clerks: savings provision 5
8. Managing clerks: savings provision 6
9. Review of legal costs determination 6
10. Powers in relation to transitional provisions 6
page i
153--3
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Contents
Part 3 -- Amendments to other Acts
consequential on enactment of
Legal Practice Act 2002
11. Power to amend regulations 8
12. Adoption Act 1994 amended 8
13. Agricultural Practices (Disputes) Act 1995 amended 8
14. Biological Control Act 1986 amended 9
15. Builders' Registration Act 1939 amended 9
16. Censorship Act 1996 amended 11
17. Children's Court of Western Australia Act 1988
amended 11
18. Chiropractors Act 1964 amended 11
19. Civil Liability Act 2002 amended 12
20. Coal Industry Tribunal of Western Australia Act 1992
amended 12
21. Commercial Arbitration Act 1985 amended 13
22. Commercial Tribunal Act 1984 amended 14
23. Companies (Co-operative) Act 1943 amended 14
24. Consumer Affairs Act 1971 amended 15
25. Coroners Act 1996 amended 15
26. The Criminal Code amended 15
27. Criminal Investigation (Exceptional Powers) and
Fortification Removal Act 2002 amended 16
28. Debt Collectors Licensing Act 1964 amended 16
29. Declarations and Attestations Act 1913 amended 17
30. Dental Act 1939 amended 17
31. Director of Public Prosecutions Act 1991 amended 17
32. District Court of Western Australia Act 1969 amended 18
33. Equal Opportunity Act 1984 amended 19
34. Evidence Act 1906 amended 20
35. Finance Brokers Control Act 1975 amended 20
36. Fish Resources Management Act 1994 amended 21
37. Fisheries Adjustment Schemes Act 1987 amended 22
38. Gas Pipelines Access (Western Australia) Act 1998
amended 22
39. Gender Reassignment Act 2000 amended 22
40. Guardianship and Administration Act 1990 amended 23
41. Industrial Relations Act 1979 amended 23
42. Juries Act 1957 amended 24
page ii
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Contents
43. Justices Act 1902 amended 24
44. Land Valuers Licensing Act 1978 amended 25
45. Law Reform Commission Act 1972 amended 25
46. Law Society Public Purposes Trust Act 1985 amended 26
47. Legal Aid Commission Act 1976 amended 27
48. Legal Practitioners Act Amendment Act 1976
amended 30
49. Local Courts Act 1904 amended 30
50. Long Service Leave Act 1958 amended 31
51. Mental Health Act 1996 amended 31
52. Mining Act 1978 amended 32
53. Motor Vehicle (Third Party Insurance) Act 1943
amended 32
54. Official Prosecutions (Defendants' Costs) Act 1973
amended 32
55. Osteopaths Act 1997 amended 33
56. Psychologists Registration Act 1976 amended 33
57. Public Notaries Act 1979 amended 34
58. Racing Penalties (Appeals) Act 1990 amended 34
59. Real Estate and Business Agents Act 1978 amended 35
60. Registration of Deeds Act 1856 amended 35
61. Residential Tenancies Act 1987 amended 36
62. Retirement Villages Act 1992 amended 36
63. Royal Commission (Police) Act 2002 amended 37
64. Sale of Land Act 1970 amended 38
65. Security and Related Activities (Control) Act 1996
amended 38
66. Settlement Agents Act 1981 amended 38
67. Strata Titles Act 1985 amended 39
68. Suitors' Fund Act 1964 amended 39
69. Supreme Court Act 1935 amended 40
70. Town Planning and Development Act 1928 amended 41
71. Women's Legal Status Act 1923 amended 42
72. Workers' Compensation and Rehabilitation Act 1981
amended 42
73. Young Offenders Act 1994 amended 43
page iii
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Contents
Part 4 -- Legal Contribution Trust
Act 1967 amended and transitional
provisions
74. The Act amended 44
75. Section 4 amended 44
76. Sections 4A and 4B inserted 45
77. Heading to Part III replaced 48
78. Sections 10, 11 and 12 repealed and transitional
provision 48
79. Section 13 replaced 49
80. Section 14 amended 50
81. Section 16 amended 50
82. Section 17 replaced 50
83. Section 18 amended 51
84. Section 28 amended 51
85. Section 51 amended 51
86. Section 56 amended 51
87. Transitional provisions 52
Part 5 -- Amendments relating to State
Solicitor and savings provision
88. Bail Act 1982 amended 54
89. The Criminal Code amended 54
90. Crown Suits Act 1947 amended 55
91. Escheat (Procedure) Act 1940 amended 55
92. Financial Administration and Audit Act 1985
amended 55
93. The Grand Jury Abolition Act Amendment Act 1883
amended 56
94. Law Reform Commission Act 1972 amended 56
95. Public Trustee Act 1941 amended 56
96. Workers' Compensation and Rehabilitation Act 1981
amended 57
97. References to Crown Solicitor 57
Part 6 -- Amendments to the Judges'
Salaries and Pensions Act 1950
98. The Act amended 58
99. Section 2 amended 58
page iv
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Contents
100. Section 6 amended 58
101. Section 8B amended 59
102. Section 11 amended 59
103. Section 14 repealed 59
104. Sections 16 to 19 inserted 59
105. Second Schedule amended 64
106. State Superannuation (Transitional and
Consequential Provisions) Act 2000 amended 64
Part 7 -- Amendments about
qualifications for appointment
107. Children's Court of Western Australia Act 1988
amended 65
108. Commercial Tribunal Act 1984 amended 66
109. Criminal Injuries Compensation Act 1985 amended 66
110. Director of Public Prosecutions Act 1991 amended 67
111. District Court of Western Australia Act 1969 amended 67
112. Equal Opportunity Act 1984 amended 68
113. Fisheries Adjustment Schemes Act 1987 amended 69
114. Land Valuation Tribunals Act 1978 amended 69
115. Land Valuers Licensing Act 1978 amended 69
116. Racing Penalties (Appeals) Act 1990 amended 70
117. Small Claims Tribunals Act 1974 amended 70
118. Solicitor-General Act 1969 amended 71
119. Supreme Court Act 1935 amended 71
120. Transfer of Land Act 1893 amended 73
Part 8 -- Amendments about the
Crown
121. Bail Act 1982 amended 74
122. Children's Court of Western Australia Act 1988
amended 75
123. The Criminal Code amended 75
124. Director of Public Prosecutions Act 1991 amended 77
125. District Court of Western Australia Act 1969 amended 78
126. Family Court Act 1997 amended 79
127. Juries Act 1957 amended 79
128. Justices Act 1902 amended 79
129. Local Courts Act 1904 amended 80
130. Supreme Court Act 1935 amended 80
page v
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Acts Amendment and Repeal (Courts and Legal
Practice) Bill 2002
A Bill for
An Act --
· to repeal the Legal Practitioners Act 1893;
· to make amendments as a consequence of that repeal and the
enactment of the Legal Practice Act 2002;
· for purposes related to that repeal and those amendments; and
· to make other amendments relating to courts and legal practice.
The Parliament of Western Australia enacts as follows:
page 1
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Acts Amendment and Repeal
(Courts and Legal Practice) Act 2002.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
page 2
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Repeal of Legal Practitioners Act 1893 and transitional and Part 2
savings provisions
Preliminary Division 1
s. 3
Part 2 -- Repeal of Legal Practitioners Act 1893 and
transitional and savings provisions
Division 1 -- Preliminary
3. Interpretation
5 In this Part --
"commencement day" means the day on which Part 1 of the
Legal Practice Act 2002 comes into operation;
"1893 Act" means the Legal Practitioners Act 1893;
"2002 Act" means the Legal Practice Act 2002.
10 Division 2 -- Repeal
4. Legal Practitioners Act 1893 repealed
The Legal Practitioners Act 1893 is repealed.
Division 3 -- Transitional and savings provisions
5. Application of Interpretation Act 1984
15 (1) The provisions of the Interpretation Act 1984 about the repeal
of written laws and the substitution of other written laws for
those so repealed (for example, sections 16(1), 36 and 38) apply
to the repeal of the 1893 Act as if the 2002 Act repealed that
Act.
20 (2) The other provisions of this Part are additional to the provisions
applied by subsection (1).
6. Legal Practice Board: transitional and savings provisions
(1) In this section --
"former Board" means The Legal Practice Board established
25 under the 1893 Act;
page 3
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 2 Repeal of Legal Practitioners Act 1893 and transitional and
savings provisions
Division 3 Transitional and savings provisions
s. 6
"new Board" means the Legal Practice Board established under
the 2002 Act.
(2) The new Board is the same entity as, and a continuation of, the
former Board, and the rights and liabilities of or in relation to
5 the former Board continue as rights and liabilities of or in
relation to the new Board.
(3) Despite the repeal of the 1893 Act and the enactment of the
2002 Act --
(a) section 4(1)(d) of the 1893 Act continues to apply to the
10 terms of office being served immediately before the
commencement day by members of the former Board
elected under that provision; and
(b) the new Board is to continue to be constituted in
accordance with section 4(1)(d) of the 1893 Act, and the
15 quorum is to continue to be determined in accordance
with section 4(2a) of the 1893 Act,
until the next election of Board members after the
commencement day is held and the members so elected come
into office.
20 (4) Despite section 7(2) of the 2002 Act, in the case of the 12
members of the new Board first elected after the coming into
operation of this section --
(a) the 6 members first elected are to hold office for a term
of 2 years from the date of becoming a member; and
25 (b) the 6 members next elected are to hold office for a term
of one year from the date of becoming a member.
(5) If any 2 or more of the elected members receive the same
number of votes, and the order of election of those members is
relevant for the purposes of subsection (4), the members are to
30 determine by lot which of them are appointed for 2 years.
(6) The member of the former Board holding office as chairman of
the former Board immediately before the commencement day is
page 4
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Repeal of Legal Practitioners Act 1893 and transitional and Part 2
savings provisions
Transitional and savings provisions Division 3
s. 7
to hold office as chairperson of the new Board until a
chairperson is elected under the 2002 Act.
(7) The member of the former Board holding office as deputy
chairman of the former Board immediately before the
5 commencement day is to hold office as deputy chairperson of
the new Board until a deputy chairperson is elected under the
2002 Act.
(8) An election for chairperson and deputy chairperson of the new
Board must be held within 6 months of the commencement day.
10 7. Articled clerks: savings provision
(1) Any legal practitioner who on the commencement day has an
articled clerk within the meaning of the 2002 Act is taken to
have been approved under section 20 of the 2002 Act to take,
have and retain that articled clerk.
15 (2) Despite the repeal of section 15(2)(b) of the 1893 Act, any
person who --
(a) before the coming into operation of this section has
commenced serving for a term of 5 years under articles
of clerkship to a practitioner; and
20 (b) serves for a term of 5 years under those articles and
during that term --
(i) passes the examinations (if any) prescribed for
the purposes of section 15(2)(b) of the 1893 Act
or by the rules under the 2002 Act for the
25 purposes of this section; and
(ii) satisfies the requirements for practical legal
training prescribed by the rules under the
2002 Act for the purposes of this section,
is taken to be qualified to be admitted under section 27
30 of the 2002 Act.
(3) Part 3 of the 2002 Act applies to a person referred to in
subsection (2) and to the articles served by that person.
page 5
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 2 Repeal of Legal Practitioners Act 1893 and transitional and
savings provisions
Division 3 Transitional and savings provisions
s. 8
(4) Despite the repeal of section 15(2)(b) of the 1893 Act, any
person who, before the coming into operation of this section,
has served for a term of 5 years under articles of clerkship to a
practitioner as required by the 1893 Act and at any time during
5 that term has passed the examinations prescribed for the
purposes of section 15(2)(b) of the 1893 Act is taken to be
qualified to be admitted under section 27 of the 2002 Act.
(5) A person referred to in subsection (2) or (4) is, after being
admitted, subject to the same restrictions under section 33 of the
10 2002 Act as a person qualified to be admitted under
section 27(2)(a) of that Act.
8. Managing clerks: savings provision
(1) Despite the repeal of sections 16, 17 and 19 of the 1893 Act,
those sections, and rules made under section 17 of that Act,
15 continue to apply in respect of a person who is a managing clerk
immediately before the commencement day as if the sections
had not been repealed.
(2) An appeal that has been commenced under section 83 of the
1893 Act in respect of a refusal to grant a certificate under
20 section 16 of that Act may be continued and dealt with as if
those sections were still in operation.
9. Review of legal costs determination
Any legal costs determination made and in force under the
1893 Act immediately before the commencement day is to be
25 reviewed under section 211 of the 2002 Act in the period of
2 years after it was made or last reviewed under the 1893 Act,
as the case requires.
10. Powers in relation to transitional provisions
(1) If there is no sufficient provision in this Part for dealing with a
30 transitional matter the Governor may make regulations
prescribing all matters that are required, necessary or convenient
to be prescribed in relation to that matter.
page 6
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Repeal of Legal Practitioners Act 1893 and transitional and Part 2
savings provisions
Transitional and savings provisions Division 3
s. 10
(2) Regulations made under subsection (1) may provide that
specific provisions of the 2002 Act --
(a) do not apply; or
(b) apply with specific modifications,
5 to or in relation to any matter.
(3) Regulations made under subsection (1) must be made within
12 months after the commencement day.
(4) If regulations made under subsection (1) provide that a specified
state of affairs is to be taken to have existed, or not to have
10 existed, on and from a day that is earlier than the day on which
the regulations are published in the Gazette but not earlier than
the commencement day, the regulations have effect according to
their terms.
(5) In subsection (4) --
15 "specified" means specified or described in the regulations.
(6) If regulations contain a provision referred to in subsection (4),
the provision does not operate so as --
(a) to affect in a manner prejudicial to any person (other
than the State), the rights of that person existing before
20 the day of publication of those regulations; or
(b) to impose liabilities on any person (other than the State
or an authority of the State) in respect of anything done
or omitted to be done before the day of publication of
those regulations.
page 7
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 3 Amendments to other Acts consequential on enactment of
Legal Practice Act 2002
s. 11
Part 3 -- Amendments to other Acts consequential on
enactment of Legal Practice Act 2002
11. Power to amend regulations
(1) The Governor, on the recommendation of the Attorney General,
5 may make regulations amending subsidiary legislation made
under any Act.
(2) The Attorney General may make a recommendation under
subsection (1) only if the Attorney General considers that each
amendment proposed to be made by the regulations is necessary
10 or desirable as a consequence of the enactment of the Legal
Practice Act 2002 or this Act.
(3) Nothing in this section prevents subsidiary legislation from
being amended in accordance with the Act under which it was
made.
15 12. Adoption Act 1994 amended
(1) The amendments in this section are to the Adoption Act 1994*.
[* Reprinted as at 2 January 2001.
For subsequent amendments see Act No. 3 of 2002.]
(2) Section 4(1) is amended by deleting the definition of "lawyer"
20 and inserting the following definition instead --
"
"lawyer" means a certificated practitioner within the
meaning of the Legal Practice Act 2002;
".
25 13. Agricultural Practices (Disputes) Act 1995 amended
(1) The amendments in this section are to the Agricultural Practices
(Disputes) Act 1995*.
[* Act No. 26 of 1995.]
page 8
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments to other Acts consequential on enactment of Part 3
Legal Practice Act 2002
s. 14
(2) Section 25(2)(e) is amended by deleting "order made under
section 58W of the Legal Practitioners Act 1893" and inserting
instead --
"
5 legal costs determination (as defined in the
Legal Practice Act 2002)
".
(3) Schedule 1 clause 8(2) is amended by deleting "certificated
legal practitioner within the meaning of the Legal Practitioners
10 Act 1893" and inserting instead --
"
certificated practitioner (within the meaning of the Legal
Practice Act 2002)
".
15 14. Biological Control Act 1986 amended
(1) The amendments in this section are to the Biological Control
Act 1986*.
[* Act No. 106 of 1986.
For subsequent amendments see 2001 Index to Legislation of
20 Western Australia, Table 1, p. 33.]
(2) Section 58(3) is amended by deleting "certificated legal
practitioner within the meaning of the Legal Practitioners
Act 1893" and inserting instead --
"
25 certificated practitioner (within the meaning of the
Legal Practice Act 2002)
".
15. Builders' Registration Act 1939 amended
(1) The amendments in this section are to the Builders' Registration
30 Act 1939*.
[* Reprinted as at 11 January 2002.]
page 9
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 3 Amendments to other Acts consequential on enactment of
Legal Practice Act 2002
s. 15
(2) Section 2 is amended by deleting the definition of "Legal
practitioner" and inserting the following definition instead --
"
"legal practitioner" means a legal practitioner as
5 defined in the Legal Practice Act 2002;
".
(3) Section 5A(2) is amended by deleting "person who is a
practitioner as defined by the Legal Practitioners Act 1893 and
who is" and inserting instead --
10 " legal practitioner ".
(4) Section 5B(3) is amended by deleting "he is a practitioner as
defined by the Legal Practitioners Act 1893" and inserting
instead --
" he or she is a legal practitioner ".
15 (5) Sections 5C(1a)(a) and 27(2) are amended by deleting
"practitioner as defined by the Legal Practitioners Act 1893"
and inserting instead --
" legal practitioner ".
(6) Section 45A(4)(a) is amended by deleting "legal practitioner"
20 and inserting instead --
"
certificated practitioner (within the meaning of the
Legal Practice Act 2002)
".
25 (7) Section 45A(5) is amended in the definition of "legally qualified
person" by deleting "articled law clerk" and inserting instead --
" articled clerk (as defined in the Legal Practice Act 2002) ".
page 10
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments to other Acts consequential on enactment of Part 3
Legal Practice Act 2002
s. 16
16. Censorship Act 1996 amended
(1) The amendments in this section are to the Censorship
Act 1996*.
[* Act No. 40 of 1996.]
5 (2) Section 119(2)(c) is amended by deleting "as defined in
section 3 of the Legal Practitioners Act 1893" and inserting
instead --
" (within the meaning of the Legal Practice Act 2002) ".
17. Children's Court of Western Australia Act 1988 amended
10 (1) The amendments in this section are to the Children's Court of
Western Australia Act 1988*.
[* Reprinted as at 25 August 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 51 and Act No. 27 of 2002.]
15 (2) Section 32(2) is amended by deleting "Legal Practitioners
Act 1893" and inserting instead --
" Legal Practice Act 2002 ".
(3) Section 32(4) is amended by deleting the definition of
"certificated practitioner" and inserting the following definition
20 instead --
"
"certificated practitioner" means a certificated
practitioner within the meaning of the Legal
Practice Act 2002;
25 ".
18. Chiropractors Act 1964 amended
(1) The amendments in this section are to the Chiropractors
Act 1964*.
[* Reprinted as at 7 December 2001.]
page 11
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 3 Amendments to other Acts consequential on enactment of
Legal Practice Act 2002
s. 19
(2) Section 7(2)(a) is amended by deleting "person who is a
practitioner within the meaning of the Legal Practitioners
Act 1893," and inserting instead --
"
5 legal practitioner (as defined in the Legal
Practice Act 2002)
".
19. Civil Liability Act 2002 amended
(1) The amendments in this section are to the Civil Liability
10 Act 2002.
[* Act No. 35 of 2002.]
(2) Section 16 is amended by deleting the definition of "legal
practitioner" and inserting the following definition instead --
"
15 "legal practitioner" means a legal practitioner as
defined in the Legal Practice Act 2002.
".
(3) Section 17(2)(a)(i) is amended by deleting "an agreement under
the Legal Practitioners Act 1893 section 59" and inserting
20 instead --
"
a costs agreement within the meaning of the
Legal Practice Act 2002
".
25 20. Coal Industry Tribunal of Western Australia Act 1992
amended
(1) The amendments in this section are to the Coal Industry
Tribunal of Western Australia Act 1992*.
[* Act No. 37 of 1992.
30 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 54 and Act No. 20 of 2002.]
page 12
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments to other Acts consequential on enactment of Part 3
Legal Practice Act 2002
s. 21
(2) Section 14(6) is amended by deleting "within the meaning of
the Legal Practitioners Act 1893" and inserting instead --
" (as defined in the Legal Practice Act 2002) ".
21. Commercial Arbitration Act 1985 amended
5 (1) The amendments in this section are to the Commercial
Arbitration Act 1985*.
[* Act No. 109 of 1985.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 56.]
10 (2) Sections 20(5) and (6) are repealed and the following
subsections are inserted instead --
"
(5) A person who is not a legal practitioner does not
breach the Legal Practice Act 2002 or any other Act
15 merely by representing a party in arbitration
proceedings under this Act.
(6) In this section --
"legal practitioner" means a legal practitioner as
defined in the Legal Practice Act 2002 or a person
20 entitled to practise as a legal practitioner in any
other place;
"legally qualified person" means --
(a) a legal practitioner; or
(b) any other person who, in the opinion of the
25 arbitrator or umpire, has such qualifications
or experience in law (whether acquired in
Western Australia or in any other place in or
outside Australia) as would be likely to
afford an advantage in the proceedings.
30 ".
page 13
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 3 Amendments to other Acts consequential on enactment of
Legal Practice Act 2002
s. 22
(3) Section 61(1)(a) is amended by deleting "determination under
section 58W of the Legal Practitioners Act 1893" and inserting
instead --
"
5 legal costs determination (as defined in the
Legal Practice Act 2002)
".
22. Commercial Tribunal Act 1984 amended
(1) The amendments in this section are to the Commercial Tribunal
10 Act 1984*.
[* Reprinted as at 10 May 2002.]
(2) Section 11(2) is amended by deleting "practitioner as defined by
the Legal Practitioners Act 1893" and inserting instead --
"
15 legal practitioner (as defined in the Legal Practice
Act 2002)
".
(3) Section 15(3) is amended by deleting "certificated legal
practitioner within the meaning of the Legal Practitioners
20 Act 1893" and inserting instead --
"
certificated practitioner (within the meaning of the
Legal Practice Act 2002)
".
25 23. Companies (Co-operative) Act 1943 amended
(1) The amendments in this section are to the Companies
(Co-operative) Act 1943*.
[* Reprinted as at 14 January 2000.
For subsequent amendments see 2001 Index to Legislation of
30 Western Australia, Table 1, p. 60 and Gazette 28 June 2002
p. 3052-4.]
page 14
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments to other Acts consequential on enactment of Part 3
Legal Practice Act 2002
s. 24
(2) Section 397(3) is amended by deleting "of the Supreme Court of
Western Australia, as defined by the Legal Practitioners'
Act 1893" and inserting instead --
" (within the meaning of the Legal Practice Act 2002) ".
5 24. Consumer Affairs Act 1971 amended
(1) The amendments in this section are to the Consumer Affairs
Act 1971*.
[* Reprinted as at 25 March 1999.
For subsequent amendments see 2001 Index to Legislation of
10 Western Australia, Table 1, p. 74.]
(2) Section 4(2b) is amended by deleting "Part IV of the Legal
Practitioners Act 1893" and inserting instead --
" Part 12 of the Legal Practice Act 2002 ".
25. Coroners Act 1996 amended
15 (1) The amendments in this section are to the Coroners Act 1996*.
[* Reprinted as at 3 August 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 77.]
(2) Sections 6(6) and 7(4) are amended by deleting "practitioner as
20 defined by the Legal Practitioners Act 1893" and inserting
instead --
"
legal practitioner (as defined in the Legal Practice
Act 2002)
25 ".
26. The Criminal Code amended
(1) The amendments in this section are to The Criminal Code*.
page 15
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 3 Amendments to other Acts consequential on enactment of
Legal Practice Act 2002
s. 27
[* Reprinted as at 9 February 2001 as the Schedule to the
Criminal Code appearing as Appendix B to the Criminal
Code Compilation Act 1913.
For subsequent amendments see 2001 Index to Legislation of
5 Western Australia, Table 1, p. 89 and Acts Nos. 3, 6, 8 and
27 of 2002.]
(2) Section 570(1) is amended by deleting the definition of
"lawyer" and inserting the following definition instead --
"
10 "lawyer" means a certificated practitioner within the
meaning of the Legal Practice Act 2002;
".
(3) Section 570H(2)(b) is amended by deleting "practitioner (as
defined in the Legal Practitioners Act 1893)" and inserting
15 instead --
"
legal practitioner (as defined in the Legal
Practice Act 2002)
".
20 27. Criminal Investigation (Exceptional Powers) and Fortification
Removal Act 2002 amended
(1) The amendments in this section are to the Criminal
Investigation (Exceptional Powers) and Fortification Removal
Act 2002*.
25 [* Act No. 21 of 2002.]
(2) Section 19(1) is amended by deleting "within the meaning of
the Legal Practitioners Act 1893" and inserting instead --
" (as defined in the Legal Practice Act 2002) ".
28. Debt Collectors Licensing Act 1964 amended
30 (1) The amendments in this section are to the Debt Collectors
Licensing Act 1964*.
page 16
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments to other Acts consequential on enactment of Part 3
Legal Practice Act 2002
s. 29
[* Reprinted as approved 2 February 1972.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 96.]
(2) Section 4(a) is deleted and the following paragraph is inserted
5 instead --
"
(a) a certificated practitioner (within the meaning
of the Legal Practice Act 2002)
".
10 29. Declarations and Attestations Act 1913 amended
(1) The amendments in this section are to the Declarations and
Attestations Act 1913*.
[* Reprinted as at 24 May 2002.]
(2) The Schedule item 11 is deleted and the following item is
15 inserted instead --
"
11. A legal practitioner (as defined in the Legal Practice
Act 2002).
".
20 30. Dental Act 1939 amended
(1) The amendment in this section is to the Dental Act 1939*.
[* Reprinted as at 25 June 1999.]
(2) Section 4 is amended by deleting the definition of "legal
practitioner".
25 31. Director of Public Prosecutions Act 1991 amended
(1) The amendments in this section are to the Director of Public
Prosecutions Act 1991*.
page 17
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 3 Amendments to other Acts consequential on enactment of
Legal Practice Act 2002
s. 32
[* Reprinted as at 1 June 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 100 and Act No. 27 of 2002.]
(2) Section 3 is amended by deleting the definition of "legal
5 practitioner" and inserting the following definition instead --
"
"legal practitioner" means a legal practitioner as
defined in the Legal Practice Act 2002;
".
10 32. District Court of Western Australia Act 1969 amended
(1) The amendments in this section are to the District Court of
Western Australia Act 1969*.
[* Reprinted as at 19 January 2001.
For subsequent amendments see 2001 Index to Legislation of
15 Western Australia, Table 1, p. 103 and Act No. 23 of 2002.]
(2) Section 6 is amended by inserting the following definition in the
appropriate alphabetical position --
"
"legal practitioner" means a legal practitioner as
20 defined in the Legal Practice Act 2002;
".
(3) Section 17(1) is amended by deleting "practitioner as defined by
the Legal Practitioners Act 1893" and inserting instead --
" legal practitioner ".
25 (4) Section 39(1) is amended by deleting ", as defined by the Legal
Practitioners Act 1893," and inserting instead --
" (within the meaning of the Legal Practice Act 2002) ".
(5) Section 40 is amended by deleting "as defined in the Legal
Practitioners Act 1893,".
page 18
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments to other Acts consequential on enactment of Part 3
Legal Practice Act 2002
s. 33
(6) Section 53(1) is amended by deleting "practitioner as defined in
the Legal Practitioners Act 1893" and inserting instead --
" legal practitioner ".
(7) Section 64(1) is amended by deleting "a determination in force
5 under section 58W of the Legal Practitioners Act 1893" and
inserting instead --
"
any legal costs determination (as defined in the Legal
Practice Act 2002)
10 ".
(8) Section 66 is amended as follows:
(a) by deleting "as defined in the Legal Practitioners
Act 1893,";
(b) by deleting "according to a determination in force under
15 section 58W of the Legal Practitioners Act 1893" and
inserting instead --
"
in accordance with any legal costs determination (as
defined in the Legal Practice Act 2002)
20 ".
(9) Section 88(2)(b) is amended by deleting "determinations under
section 58W of the Legal Practitioners Act 1893" and inserting
instead --
"
25 legal costs determination (as defined in the
Legal Practice Act 2002)
".
33. Equal Opportunity Act 1984 amended
(1) The amendments in this section are to the Equal Opportunity
30 Act 1984*.
page 19
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 3 Amendments to other Acts consequential on enactment of
Legal Practice Act 2002
s. 34
[* Reprinted as at 21 July 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 118 and Acts Nos. 3 and
20 of 2002.]
5 (2) Section 4(1) is amended by deleting the definition of "legal
practitioner" and inserting the following definition instead --
"
"legal practitioner" means a legal practitioner as
defined in the Legal Practice Act 2002;
10 ".
34. Evidence Act 1906 amended
(1) The amendments in this section are to the Evidence Act 1906*.
[* Reprinted as at 4 January 2001.
For subsequent amendments see 2001 Index to Legislation of
15 Western Australia, Table 1, p. 121 and Acts Nos. 3 and 27 of
2002.]
(2) Section 122 is amended by deleting "section 76(1) of the Legal
Practitioner's Act 1893," and inserting instead --
" section 123 of the Legal Practice Act 2002 ".
20 35. Finance Brokers Control Act 1975 amended
(1) The amendments in this section are to the Finance Brokers
Control Act 1975*.
[* Reprinted as at 3 March 2000.
For subsequent amendments see 2001 Index to Legislation of
25 Western Australia, Table 1, p. 126.]
page 20
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments to other Acts consequential on enactment of Part 3
Legal Practice Act 2002
s. 36
(2) Section 5(1)(f) is amended by deleting "certificated legal
practitioners, within the meaning of the Legal Practitioners
Act 1893," and inserting instead --
"
5 certificated practitioners (within the meaning of
the Legal Practice Act 2002)
".
(3) Section 7(1)(c) and the "and" following is deleted and the
following paragraph is inserted instead --
10 "
(c) one shall be a legal practitioner (as defined in
the Legal Practice Act 2002); and
".
(4) Section 19(6) is amended by deleting "certificated legal
15 practitioner within the meaning of the Legal Practitioners
Act 1893" and inserting instead --
"
certificated practitioner (within the meaning of the
Legal Practice Act 2002)
20 ".
(5) Section 19(7) is amended by deleting "legal practitioner" and
inserting instead --
" certificated practitioner ".
36. Fish Resources Management Act 1994 amended
25 (1) The amendments in this section are to the Fish Resources
Management Act 1994*.
[* Reprinted as at 28 April 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 141 and Act No. 2 of 2002.]
page 21
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 3 Amendments to other Acts consequential on enactment of
Legal Practice Act 2002
s. 37
(2) Section 153(5) is amended by deleting "within the meaning of
the Legal Practitioners Act 1893" and inserting instead --
" (within the meaning of the Legal Practice Act 2002) ".
37. Fisheries Adjustment Schemes Act 1987 amended
5 (1) The amendments in this section are to the Fisheries Adjustment
Schemes Act 1987*.
[* Reprinted as at 3 May 2002.]
(2) Section 14U(5) is amended by deleting "within the meaning of
the Legal Practitioners Act 1893" and inserting instead --
10 " (within the meaning of the Legal Practice Act 2002) ".
38. Gas Pipelines Access (Western Australia) Act 1998 amended
(1) The amendments in this section are to the Gas Pipelines Access
(Western Australia) Act 1998*.
[* Reprinted as at 11 August 2000.
15 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 148.]
(2) Section 49 is amended by deleting the definition of "legal
practitioner" and inserting the following definition instead --
"
20 "legal practitioner" means a certificated practitioner
within the meaning of the Legal Practice
Act 2002.
".
39. Gender Reassignment Act 2000 amended
25 (1) The amendments in this section are to the Gender Reassignment
Act 2000*.
[* Act No. 2 of 2000.]
page 22
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments to other Acts consequential on enactment of Part 3
Legal Practice Act 2002
s. 40
(2) Section 6(2)(a) is amended by deleting "as defined in the Legal
Practitioners Act 1893" and inserting instead --
" (as defined in the Legal Practice Act 2002) ".
40. Guardianship and Administration Act 1990 amended
5 (1) The amendments in this section are to the Guardianship and
Administration Act 1990*.
[* Reprinted as at 21 April 1997.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 156-7 and Act No. 3 of 2002.]
10 (2) Section 3(1) is amended by deleting the definition of "legal
practitioner" and inserting the following definition instead --
"
"legal practitioner" means a legal practitioner as
defined in the Legal Practice Act 2002;
15 ".
(3) Section 6(3)(a) is amended by deleting "practitioner as defined
in the Legal Practitioners Act 1893" and inserting instead --
" legal practitioner ".
(4) Sections 51(3) and 70(3) are amended by deleting "Legal
20 Practitioners Act 1893" and inserting instead --
" Legal Practice Act 2002 ".
41. Industrial Relations Act 1979 amended
(1) The amendments in this section are to the Industrial Relations
Act 1979*.
25 [* Reprinted as at 4 February 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 177 and Act No. 20 of 2002.]
page 23
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 3 Amendments to other Acts consequential on enactment of
Legal Practice Act 2002
s. 42
(2) Section 7(1) is amended by deleting the definition of "legal
practitioner" and inserting the following definition instead --
"
"legal practitioner" means a certificated practitioner
5 within the meaning of the Legal Practice
Act 2002;
".
(3) Sections 42B(7), 97UJ(5) and 112A(3) are amended by deleting
"section 77A of the Legal Practitioners Act 1893" and inserting
10 instead --
" section 123(3)(c) of the Legal Practice Act 2002 ".
42. Juries Act 1957 amended
(1) The amendments in this section are to the Juries Act 1957*.
[* Reprinted as at 3 July 2000.]
15 (2) Sections 56A(1), in paragraph (b) of the definition of
"prosecuting officer", 56B(2)(h) and 56C(2)(g) are amended by
deleting "practitioner as defined by the Legal Practitioners
Act 1893" and inserting instead --
"
20 legal practitioner (as defined in the Legal
Practice Act 2002)
".
(3) The Second Schedule Part I item 1(f) is deleted and the
following paragraph is inserted instead --
25 "
(f) Legal practitioner (as defined in the Legal Practice
Act 2002).
".
43. Justices Act 1902 amended
30 (1) The amendments in this section are to the Justices Act 1902*.
page 24
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments to other Acts consequential on enactment of Part 3
Legal Practice Act 2002
s. 44
[* Reprinted as at 8 October 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 193 and Act No. 27 of 2002.]
(2) Section 183 is amended by deleting the definition of "legal
5 practitioner" and inserting the following definition instead --
"
"legal practitioner" means a legal practitioner as
defined in the Legal Practice Act 2002;
".
10 44. Land Valuers Licensing Act 1978 amended
(1) The amendments in this section are to the Land Valuers
Licensing Act 1978*.
[* Reprinted as at 3 May 2002.]
(2) Section 4 is amended by deleting the definition of "legal
15 practitioner" and inserting the following definition instead --
"
"legal practitioner" means a certificated practitioner
within the meaning of the Legal Practice
Act 2002;
20 ".
45. Law Reform Commission Act 1972 amended
(1) The amendments in this section are to the Law Reform
Commission Act 1972*.
[* Reprinted as at 26 October 2001.]
25 (2) Section 6(1) is amended as follows:
(a) in paragraph (a) by deleting "within the meaning of
section 3 of the Legal Practitioners Act 1893," and
inserting instead --
"
30 (within the meaning of the Legal Practice Act 2002)
";
page 25
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 3 Amendments to other Acts consequential on enactment of
Legal Practice Act 2002
s. 46
(b) in paragraph (c) by deleting "practitioner within the
meaning of section 3 of the Legal Practitioners
Act 1893," and inserting instead --
"
5 legal practitioner (as defined in the Legal
Practice Act 2002)
".
46. Law Society Public Purposes Trust Act 1985 amended
(1) The amendments in this section are to the Law Society Public
10 Purposes Trust Act 1985*.
[* Act No. 60 of 1985.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 202.]
(2) Section 2 is amended as follows:
15 (a) by inserting before "In this Act" the subsection
designation "(1)";
(b) by deleting the definitions of "trust account" and "trust
moneys";
(c) in the definition of "Trust Deed" by deleting the
20 semi-colon and inserting a full stop instead;
(d) by adding the following subsection --
"
(2) A word or expression used in this Act has the same
meaning as it has in the Legal Practice Act 2002
25 unless --
(a) this Act gives it another meaning; or
(b) the contrary intention appears in some other
way.
".
page 26
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments to other Acts consequential on enactment of Part 3
Legal Practice Act 2002
s. 47
(3) Section 3(1) is amended by deleting "by legal practitioners, or
firms of legal practitioners" and inserting instead --
" under the Legal Practice Act 2002 ".
47. Legal Aid Commission Act 1976 amended
5 (1) The amendments in this section are to the Legal Aid
Commission Act 1976*.
[* Reprinted as at 5 March 1999.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 203.]
10 (2) Section 4(1) is amended as follows:
(a) by deleting the definitions of "Barristers' Board" and
"practitioner";
(b) by inserting the following definitions in the appropriate
alphabetical positions --
15 "
"certificated practitioner" has the same meaning as
in the Legal Practice Act 2002;
"Legal Practice Board" means the Board established
by section 6 of the Legal Practice Act 2002;
20 "practitioner" means a legal practitioner as defined in
the Legal Practice Act 2002;
";
(c) by deleting the definition of "private practitioner" and
inserting instead --
25 "
"private practitioner" means a certificated
practitioner who is --
(a) practising on his or her own account whether
alone or in partnership;
30 (b) an employee of a certificated practitioner
who is so practising; or
page 27
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 3 Amendments to other Acts consequential on enactment of
Legal Practice Act 2002
s. 47
(c) an employee or officer of an incorporated
legal practice (as defined in the Legal
Practice Act 2002);
".
5 (3) Section 14(1) is amended by deleting "Division 4 of Part VI of
the Legal Practitioners Act 1893" and inserting instead --
" Part 13 Division 3 of the Legal Practice Act 2002 ".
(4) Section 19(3) is amended by deleting "Legal Practitioners
Act 1893" and inserting instead --
10 " Legal Practice Act 2002 ".
(5) Section 39(1a) is amended by deleting "section 63(1) of the
Legal Practitioners Act 1893" and inserting instead --
" section 227(1) of the Legal Practice Act 2002 ".
(6) Section 40(4) is amended as follows:
15 (a) in paragraph (b) --
(i) by inserting after "member of a firm" the
following --
"
or director of an incorporated legal practice
20 ";
(ii)
by inserting after "the firm" the following --
" or incorporated legal practice ";
(b) in paragraph (c) --
(i) by inserting after "firm of private practitioners"
25 the following --
"
or an officer or employee of an incorporated
legal practice
";
page 28
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments to other Acts consequential on enactment of Part 3
Legal Practice Act 2002
s. 47
(ii) by deleting in the second place it occurs "or
firm" and inserting instead --
"
, firm or incorporated legal practice
5 ".
(7) Section 40(6a) is amended by deleting "Part IV of the Legal
Practitioners Act 1893 by the Barristers' Board" and inserting
instead --
"
10 Part 12 of the Legal Practice Act 2002 by the Legal
Practice Board
".
(8) Section 56(2)(f) is deleted and the following paragraph is
inserted instead --
15 "
(f) the Legal Practice Board,
".
(9) Section 61(1) is amended by deleting "Legal Practitioners
Act 1893" and inserting instead --
20 " Legal Practice Act 2002 ".
(10) Section 61(4) is amended by deleting "Part V of the Legal
Practitioners Act 1893" and inserting instead --
" Part 10 of the Legal Practice Act 2002 ".
(11) Section 64(2c) is amended by deleting "Barristers' Board for the
25 purposes of the Legal Practitioners Act 1893" and inserting
instead --
"
Legal Practice Board for the purposes of the Legal
Practice Act 2002
30 ".
page 29
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 3 Amendments to other Acts consequential on enactment of
Legal Practice Act 2002
s. 48
(12) Section 64(4)(c) is deleted and the following paragraph is
inserted instead --
"
(c) in an inquiry by the Legal Practice Board, or in
5 proceedings before the Supreme Court, under
the Legal Practice Act 2002.
".
48. Legal Practitioners Act Amendment Act 1976 amended
Section 5 of the Legal Practitioners Act Amendment Act 1976*
10 is repealed.
[* Act No. 113 of 1976.]
49. Local Courts Act 1904 amended
(1) The amendments in this section are to the Local Courts
Act 1904*.
15 [* Reprinted as at 12 January 2001.]
(2) Section 83 is amended by deleting "determinations under
section 58W of the Legal Practitioners Act 1893" and inserting
instead --
"
20 legal costs determination (as defined in the Legal
Practice Act 2002
".
(3) Section 87 is amended by deleting "according to the costs fixed
by determinations under section 58W of the Legal Practitioners
25 Act 1893" and inserting instead --
"
in accordance with any legal costs determination (as
defined in the Legal Practice Act 2002)
".
page 30
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments to other Acts consequential on enactment of Part 3
Legal Practice Act 2002
s. 50
50. Long Service Leave Act 1958 amended
(1) The amendments in this section are to the Long Service Leave
Act 1958*.
[* Reprinted as approved 11 July 1974.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 222 and Act No. 20 of 2002.]
(2) Section 37 is amended by deleting "legal practitioner who is a
certificated practitioner under and for the purposes of the Legal
Practitioners Act 1893" and inserting instead --
10 "
certificated practitioner (within the meaning of the
Legal Practice Act 2002)
".
51. Mental Health Act 1996 amended
15 (1) The amendments in this section are to the Mental Health
Act 1996*.
[* Act No. 68 of 1996.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 231.]
20 (2) Section 3 is amended by deleting the definition of "legal
practitioner" and inserting the following definition instead --
"
"legal practitioner" means a legal practitioner as
defined in the Legal Practice Act 2002;
25 ".
(3) Schedule 2 clause 3(3) is amended by deleting ", within the
meaning of the Legal Practitioners Act 1893," and inserting
instead --
" (within the meaning of the Legal Practice Act 2002) ".
page 31
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 3 Amendments to other Acts consequential on enactment of
Legal Practice Act 2002
s. 52
52. Mining Act 1978 amended
(1) The amendments in this section are to the Mining Act 1978*.
[* Reprinted as at 7 September 2001.
For subsequent amendments see 2001 Index to Legislation of
5 Western Australia, Table 1, p. 246 and Act No. 15 of 2002.]
(2) Section 162(2)(r) is amended by deleting "determinations under
section 58W of the Legal Practitioners Act 1893" and inserting
instead --
"
10 legal costs determination (as defined in the
Legal Practice Act 2002)
".
53. Motor Vehicle (Third Party Insurance) Act 1943 amended
(1) The amendments in this section are to the Motor Vehicle (Third
15 Party Insurance) Act 1943*.
[* Reprinted as at 20 November 1998.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 252 and Act No. 7 of 2002.]
(2) Section 27A(2) is amended by deleting "a determination in
20 force under section 58W of the Legal Practitioners Act 1893"
and inserting instead --
"
any legal costs determination (as defined in the Legal
Practice Act 2002) that is in force
25 ".
54. Official Prosecutions (Defendants' Costs) Act 1973 amended
(1) The amendments in this section are to the Official Prosecutions
(Defendants' Costs) Act 1973*.
[* Reprinted as at 19 February 1999.]
page 32
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments to other Acts consequential on enactment of Part 3
Legal Practice Act 2002
s. 55
(2) Section 5(5) is repealed and the following is inserted instead --
"
(5) The amount of costs ordered, other than Court fees,
shall be in accordance with the scale fixed from time to
5 time by a legal costs determination (as defined in the
Legal Practice Act 2002).
".
55. Osteopaths Act 1997 amended
(1) The amendments in this section are to the Osteopaths
10 Act 1997*.
[* Act No. 58 of 1997.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 263.]
(2) Section 3 is amended by deleting the definition of "legal
15 practitioner" and inserting the following definition instead --
"
"legal practitioner" means a legal practitioner as
defined in the Legal Practice Act 2002;
".
20 56. Psychologists Registration Act 1976 amended
(1) The amendments in this section are to the Psychologists
Registration Act 1976*.
[* Act No. 141 of 1976.
For subsequent amendments see 2001 Index to Legislation of
25 Western Australia, Table 1, p. 301.]
(2) Section 9(1)(d) is amended by deleting "practitioners within the
meaning of the Legal Practitioners Act, 1893" and inserting
instead --
"
30 legal practitioners (as defined in the Legal
Practice Act 2002)
".
page 33
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 3 Amendments to other Acts consequential on enactment of
Legal Practice Act 2002
s. 57
57. Public Notaries Act 1979 amended
(1) The amendments in this section are to the Public Notaries
Act 1979*.
[* Act No. 70 of 1979.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 303.]
(2) Section 7(2)(a) is amended by deleting "Legal Practitioners
Act, 1893" and inserting instead --
" Legal Practice Act 2002 ".
10 (3) Section 15A is amended by deleting "by a determination under
section 58W of the Legal Practitioners Act 1893" and inserting
instead --
"
by legal costs determination (as defined in the Legal
15 Practice Act 2002)
".
(4) Section 16(2) is amended by deleting "Legal Practitioners
Act, 1893" and inserting instead --
" Legal Practice Act 2002 ".
20 58. Racing Penalties (Appeals) Act 1990 amended
(1) The amendments in this section are to the Racing Penalties
(Appeals) Act 1990*.
[* Reprinted as at 19 October 2001.]
(2) Section 16(7) is amended by deleting "certificated legal
25 practitioner within the meaning of the Legal Practitioners
Act 1893" and inserting instead --
"
certificated practitioner (within the meaning of the
Legal Practice Act 2002)
30 ".
page 34
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments to other Acts consequential on enactment of Part 3
Legal Practice Act 2002
s. 59
(3) Section 25(2)(g) is amended by deleting "order made under
section 58W of the Legal Practitioners Act 1893" and inserting
instead --
"
5 legal costs determination (as defined in the
Legal Practice Act 2002)
".
59. Real Estate and Business Agents Act 1978 amended
(1) The amendments in this section are to the Real Estate and
10 Business Agents Act 1978*.
[* Reprinted as at 9 March 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 317.]
(2) Section 4(1) is amended by deleting the definition of "legal
15 practitioner" and inserting the following definition instead --
"
"legal practitioner" means a certificated practitioner
within the meaning of the Legal Practice
Act 2002;
20 ".
(3) Section 131A is amended in the definition of "incidental
expenses" by deleting paragraph (d) and inserting the following
paragraph instead --
"
25 (d) the costs of a legal practitioner;
".
60. Registration of Deeds Act 1856 amended
(1) The amendments in this section are to the Registration of Deeds
Act 1856*.
30 [* Reprinted as approved 16 March 1976.]
page 35
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 3 Amendments to other Acts consequential on enactment of
Legal Practice Act 2002
s. 61
(2) Section 6 is amended by deleting "practitioner within the
meaning of the Legal Practitioners Act, 1893," and inserting
instead --
"
5 legal practitioner (as defined in the Legal Practice
Act 2002)
".
61. Residential Tenancies Act 1987 amended
(1) The amendments in this section are to the Residential Tenancies
10 Act 1987*.
[* Reprinted as at 22 January 1999.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 321.]
(2) Section 22(6) is amended as follows:
15 (a) by deleting the definition of "legal practitioner" and
inserting the following definition instead --
"
"legal practitioner" means a legal practitioner as
defined in the Legal Practice Act 2002;
20 ";
(b) in the definition of "legally qualified person" by deleting
"articled law clerk" and inserting instead --
"
articled clerk (as defined in the Legal Practice
25 Act 2002)
".
62. Retirement Villages Act 1992 amended
(1) The amendments in this section are to the Retirement Villages
Act 1992*.
page 36
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments to other Acts consequential on enactment of Part 3
Legal Practice Act 2002
s. 63
[* Reprinted as at 22 January 1999.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 323.]
(2) Section 24 is amended by deleting "practitioner within the
5 meaning of the term in the Legal Practitioners Act 1893" and
inserting instead --
"
legal practitioner (as defined in the Legal Practice
Act 2002)
10 ".
(3) Section 47(8) is amended as follows:
(a) by deleting the definition of "legal practitioner" and
inserting the following definition instead --
"
15 "legal practitioner" means a legal practitioner as
defined in the Legal Practice Act 2002;
";
(b) in the definition of "legally qualified person" by deleting
"articled law clerk" and inserting instead --
20 "
articled clerk (as defined in the Legal Practice
Act 2002)
".
63. Royal Commission (Police) Act 2002 amended
25 (1) The amendments in this section are to the Royal Commission
(Police) Act 2002*.
[* Act No. 10 of 2002.]
(2) Section 3(1) is amended by deleting the definition of "legal
practitioner" and inserting the following definition instead --
30 "
"legal practitioner" means a legal practitioner as
defined in the Legal Practice Act 2002;
".
page 37
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 3 Amendments to other Acts consequential on enactment of
Legal Practice Act 2002
s. 64
64. Sale of Land Act 1970 amended
(1) The amendments in this section are to the Sale of Land
Act 1970*.
[* Reprinted as at 25 January 2002.]
5 (2) Section 14(2)(b)(ii) is amended by deleting ", as defined in
section 3 of the Legal Practitioners Act 1893," and inserting
instead --
" (within the meaning of the Legal Practice Act 2002) ".
65. Security and Related Activities (Control) Act 1996 amended
10 (1) The amendments in this section are to the Security and Related
Activities (Control) Act 1996*.
[* Act No. 27 of 1996.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 338.]
15 (2) Section 28(2)(a) is amended by deleting "practitioner holding a
current practice certificate under the Legal Practitioners
Act 1893," and inserting instead --
"
certificated practitioner (within the meaning of
20 the Legal Practice Act 2002)
".
66. Settlement Agents Act 1981 amended
(1) The amendments in this section are to the Settlement Agents
Act 1981*.
25 [* Reprinted as at 3 November 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 341.]
page 38
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments to other Acts consequential on enactment of Part 3
Legal Practice Act 2002
s. 67
(2) Section 3(1) is amended by deleting the definition of "legal
practitioner" and inserting the following definition instead --
"
"legal practitioner" means a certificated practitioner
5 within the meaning of the Legal Practice
Act 2002;
".
(3) Section 46(5) is amended by deleting "provisions of the Legal
Practitioners Act 1893" and inserting instead --
10 " Legal Practice Act 2002, ".
67. Strata Titles Act 1985 amended
(1) The amendments in this section are to the Strata Titles
Act 1985*.
[* Reprinted as at 1 July 1999.
15 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 363 and Act No. 24 of 2002.]
(2) Section 72 is amended by deleting "practitioner within the
meaning of the term in the Legal Practitioners Act 1893" and
inserting instead --
20 "
legal practitioner (as defined in the Legal Practice
Act 2002)
".
68. Suitors' Fund Act 1964 amended
25 (1) The amendments in this section are to the Suitors' Fund
Act 1964*.
[* Reprinted as at 29 October 1999.]
page 39
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 3 Amendments to other Acts consequential on enactment of
Legal Practice Act 2002
s. 69
(2) Section 8(2)(c) is amended by deleting "Barristers' Board
constituted under the Legal Practitioners Act 1893" and
inserting instead --
"
5 Legal Practice Board established by the Legal
Practice Act 2002
".
69. Supreme Court Act 1935 amended
(1) The amendments in this section are to the Supreme Court
10 Act 1935*.
[* Reprinted as at 9 February 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 370 and Act No. 23 of 2002.]
(2) Section 4 is amended by inserting the following definition in the
15 appropriate alphabetical position --
"
"legal practitioner" means a legal practitioner as
defined in the Legal Practice Act 2002;
".
20 (3) Section 11A(2)(a) is amended by deleting "practitioner as
defined in the Legal Practitioners Act 1893" and inserting
instead --
" legal practitioner ".
(4) Section 11A(2)(b) is amended by deleting "person who has been
25 admitted as a practitioner under the Legal Practitioners
Act 1893" and inserting instead --
" legal practitioner ".
page 40
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments to other Acts consequential on enactment of Part 3
Legal Practice Act 2002
s. 70
(5) Section 11A(2a)(a) is amended by deleting "practitioner as
defined in the Legal Practitioners Act 1893" and inserting
instead --
" legal practitioner ".
5 (6) Section 49(1) is amended by deleting "practitioner of the
Supreme Court" and inserting instead --
" legal practitioner ".
(7) Section 154(1) is amended by deleting "practitioner as defined
by the Legal Practitioners Act 1893" and inserting instead --
10 " legal practitioner ".
(8) Section 167(1) is amended as follows:
(a) in paragraph (d) by deleting "determinations under
section 58W of the Legal Practitioners Act 1893" and
inserting instead --
15 "
legal costs determination (as defined in the
Legal Practice Act 2002)
";
(b) in paragraph (da) by deleting "the subject of a
20 determination under section 58W of the Legal
Practitioners Act 1893" and inserting instead --
"
fixed by legal costs determination (as defined in
the Legal Practice Act 2002)
25 ".
70. Town Planning and Development Act 1928 amended
(1) The amendments in this section are to the Town Planning and
Development Act 1928*.
page 41
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 3 Amendments to other Acts consequential on enactment of
Legal Practice Act 2002
s. 71
[* Reprinted as at 3 November 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 382 and Acts Nos. 25 of 2001
and 24 of 2002.]
5 (2) Section 42(2)(a) is amended by deleting "practitioner as defined
by the Legal Practitioners Act 1893" and inserting instead --
"
legal practitioner (as defined in the Legal
Practice Act 2002)
10 ".
71. Women's Legal Status Act 1923 amended
(1) The amendments in this section are to the Women's Legal Status
Act 1923*.
[* Act No. 56 of 1923.]
15 (2) Section 2 is amended by deleting "practitioner within the
meaning of that term in the Legal Practitioners Act 1893" and
inserting instead --
"
legal practitioner (as defined in the Legal Practice
20 Act 2002)
".
72. Workers' Compensation and Rehabilitation Act 1981
amended
(1) The amendments in this section are to the Workers'
25 Compensation and Rehabilitation Act 1981*.
[* Reprinted as at 14 September 2001.]
page 42
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments to other Acts consequential on enactment of Part 3
Legal Practice Act 2002
s. 73
(2) Sections 84X(2)(a), 84ZL(2)(a), 84ZQ(1)(a) and 87(2) are
amended by deleting "a determination in force under
section 58W of the Legal Practitioners Act 1893" and inserting
instead --
5 "
any legal costs determination (as defined in the
Legal Practice Act 2002)
".
73. Young Offenders Act 1994 amended
10 (1) The amendments in this section are to the Young Offenders
Act 1994*.
[* Reprinted as at 8 December 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 423.]
15 (2) Section 152(5)(b) is amended by deleting "practitioner as
defined in the Legal Practitioners Act 1893" and inserting
instead --
"
legal practitioner (as defined in the Legal
20 Practice Act 2002)
".
page 43
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 4 Legal Contribution Trust Act 1967 amended and transitional
provisions
s. 74
Part 4 -- Legal Contribution Trust Act 1967 amended
and transitional provisions
74. The Act amended
The amendments in this Part are to the Legal Contribution Trust
5 Act 1967*.
[* Reprinted as at 5 February 1999.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 204.]
75. Section 4 amended
10 Section 4 is amended as follows:
(a) by inserting before "In this Act" the subsection
designation "(1)";
(b) by deleting the definition of "Board";
(c) by inserting in the appropriate alphabetical positions the
15 following definitions --
"
"bank" means --
(a) an ADI (authorised deposit-taking
institution) as defined in section 5 of the
20 Banking Act 1959 of the Commonwealth; or
(b) a bank constituted by a law of a State or the
Commonwealth;
"prescribed" means prescribed by the regulations;
";
25 (d) by deleting the definition of "practitioner" and inserting
instead --
"
"practitioner" has the same meaning as "legal
practitioner" in the Legal Practice Act 2002 and,
30 for the purposes of Parts III and IV, where a
page 44
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Legal Contribution Trust Act 1967 amended and transitional Part 4
provisions
s. 76
practitioner practises in partnership with other
practitioners, and no other person, the expression
includes the partnership;
";
5 (e) in the definition of "professional defalcation" by
deleting "clerks or servants" and inserting instead --
" employees ";
(f) in the definition of "trust account" by deleting "Legal
Practitioners Act 1893" and inserting instead --
10 " Legal Practice Act 2002 ".
(2) At the end of section 4 the following subsection is inserted --
"
(2) A word or expression used in this Act has the same
meaning as it has in the Legal Practice Act 2002
15 unless --
(a) this Act gives it another meaning; or
(b) the contrary intention appears.
".
76. Sections 4A and 4B inserted
20 After section 4 the following sections are inserted in Part I --
"
4A. Application of Act to multi-disciplinary
partnerships and incorporated legal practices
(1) Subject to subsections (2) and (3) and any regulations
25 that provide otherwise, this Act applies to incorporated
legal practices and multi-disciplinary partnerships in
the same way as it applies to practitioners, as if a
reference in this Act to "practitioner" included a
reference to "incorporated legal practice" and
30 "multi-disciplinary partnership".
(2) For the purposes of the application of this Act to
incorporated legal practices, unless the regulations
page 45
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 4 Legal Contribution Trust Act 1967 amended and transitional
provisions
s. 76
provide otherwise, a reference in this Act to
"professional defalcation" is taken to include the
stealing or fraudulent conversion, by --
(a) an incorporated legal practice;
5 (b) any one or more of the officers or employees of
the incorporated legal practice; or
(c) a person with whom the incorporated legal
practice shares receipts (other than as principal
and agent),
10 of money or other property at any time entrusted to the
incorporated legal practice, a person referred to in
paragraph (b) or (c), or any of them, but only if the
defalcation occurs in the course of the provision of
legal services.
15 (3) For the purposes of the application of this Act to
multi-disciplinary partnerships, unless the regulations
provide otherwise, a reference in this Act to
"professional defalcation" is taken to include the
stealing or fraudulent conversion, by --
20 (a) a multi-disciplinary partnership;
(b) any one or more of the partners or employees of
the multi-disciplinary partnership; or
(c) a person with whom the multi-disciplinary
partnership shares receipts (other than as
25 principal and agent),
of money or other property at any time entrusted to the
multi-disciplinary partnership, a person referred to in
paragraph (b) or (c), or any of them, but only if the
defalcation occurs in the course of the provision of
30 legal services.
(4) Nothing in this section limits the application of this Act
to a person who is a practitioner.
page 46
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Legal Contribution Trust Act 1967 amended and transitional Part 4
provisions
s. 76
4B. Application of this Act to interstate practitioners
and practitioners who engage in legal practice
outside the State
(1) In this section --
5 "contributing interstate practitioner" means an
interstate practitioner within the meaning of the
Legal Practice Act 2002 who --
(i) has complied with sections 91 and 93 of
that Act; and
10 (ii) maintains a trust account in this State.
(2) Subject to subsection (3) and any regulations that
provide otherwise, this Act applies to contributing
interstate practitioners in the same way as it applies to
practitioners, as if a reference in this Act to
15 "practitioner" included a reference to "contributing
interstate practitioner".
(3) Subject to this Act and any regulations that provide
otherwise, a claim lies against the Guarantee Fund --
(a) in relation to a pecuniary loss occurring wholly
20 in this State from a professional defalcation by
a local practitioner (whether or not in the
course of engaging in legal practice in this
State);
(b) in relation to a pecuniary loss occurring wholly
25 in this State from a professional defalcation by
a contributing interstate practitioner (whether or
not in the course of engaging in legal practice
in this State);
(c) in relation to a pecuniary loss from a
30 professional defalcation by a local practitioner
(whether or not in the course of engaging in
legal practice in this State), if --
(i) the loss occurred both in this State and
in another State; or
page 47
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 4 Legal Contribution Trust Act 1967 amended and transitional
provisions
s. 77
(ii) the loss occurred in this State or another
State or both, but it cannot be
determined precisely where the loss
occurred;
5 or
(d) in the circumstances where an agreement or
arrangement under subsection (4) provides that
a claim is payable.
(4) The Legal Contribution Trust may make agreements or
10 arrangements with a regulatory authority of another
State for the payment of claims arising from
professional defalcations by local practitioners or
interstate practitioners who are required to contribute to
a fidelity fund in this State and in that other State.
15 (5) This section applies despite anything to the contrary in
this Act.
".
77. Heading to Part III replaced
The heading to Part III is deleted and the following heading is
20 inserted instead --
"
Part III -- Interest on trust accounts paid
to Fund
".
25 78. Sections 10, 11 and 12 repealed and transitional provision
(1) Sections 10, 11 and 12 are repealed.
(2) Despite section 11 of The Criminal Code, a person may be
punished after the commencement of subsection (1) for an
offence against repealed section 11.
page 48
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Legal Contribution Trust Act 1967 amended and transitional Part 4
provisions
s. 79
79. Section 13 replaced
Section 13 is repealed and the following section is inserted
instead --
"
5 13. Bank to pay interest on trust accounts to Trust
(1) In this section --
"relevant period" means --
(a) the 6 months ending on 31 December; and
(b) the 6 months ending on 30 June,
10 in each financial year, or such other period as is
prescribed.
(2) Each bank with which a trust account is maintained
shall pay to the Trust the prescribed percentage of the
interest earned on the moneys in the trust account
15 during the relevant period.
(3) The interest shall be paid to the Trust by the bank at
such times as prescribed.
(4) The rate of interest payable on moneys in the trust
account shall be --
20 (a) the rate prescribed by, or determined in
accordance with, the regulations; or
(b) if no regulations are made as to such a rate, the
rate agreed between the bank and the Trust.
(5) This section does not apply in respect of a trust account
25 if, during the relevant period, the lowest balance of the
trust account, or where more than one trust account is
maintained by the same practitioner, the lowest sum of
the balance of the trust accounts is less than $500.
".
page 49
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 4 Legal Contribution Trust Act 1967 amended and transitional
provisions
s. 80
80. Section 14 amended
Section 14(1) is amended by deleting "resulting from
investments made" and inserting instead --
" received ".
5 81. Section 16 amended
Section 16(2)(d) and "and" following are deleted and the
following paragraph is inserted instead --
"
(d) moneys paid to the Trust under section 93 or
10 146 of the Legal Practice Act 2002; and
".
82. Section 17 replaced
Section 17 is repealed and the following section is inserted
instead --
15 "
17. Investment of Guarantee Fund
(1) The Trust may, with the approval of the Minister,
invest that portion of the Guarantee Fund that is not
immediately required for the purposes of this Part --
20 (a) on deposit with a bank in the State, bearing
interest at a rate agreed between the bank and
the Trust;
(b) on loan to the Treasurer at a rate of interest that
is agreed with the Treasurer; or
25 (c) as trust funds may be invested under Part III of
the Trustees Act 1962.
(2) The Trust shall apply the moneys resulting from
investment under subsection (1) in the manner
provided by section 14.
30 ".
page 50
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Legal Contribution Trust Act 1967 amended and transitional Part 4
provisions
s. 83
83. Section 18 amended
Section 18(1) is amended by deleting "section 58D(b) of the
Legal Practitioners Act 1893" and inserting instead --
"
5 section 151(1)(b) of the Legal Practice Act 2002
".
84. Section 28 amended
(1) Section 28(1) is amended by deleting "practitioner" in the
3 places where it occurs and substituting in each place --
10 " person ".
(2) Section 28(2) is amended by deleting "practitioner" and
inserting instead --
" person ".
85. Section 51 amended
15 Section 51(2) is repealed and the following subsection is
inserted --
"
(2) An action shall not lie against a practitioner or a bank
by reason of anything done by the bank in compliance
20 with section 13.
".
86. Section 56 amended
(1) Section 56(1) is amended by deleting "Without limiting the
power to make rules under, and for the purposes of, Part V, the"
25 and inserting instead --
" The ".
page 51
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 4 Legal Contribution Trust Act 1967 amended and transitional
provisions
s. 87
(2) Section 56(2)(a) is deleted and the following paragraphs are
inserted instead --
"
(a) for the purposes of section 4A, making
5 provision as to the application of this Act to
incorporated legal practices and
multi-disciplinary partnerships;
(aa) for the purposes of section 13, prescribing --
(i) the percentage of interest to be paid to
10 the Trust;
(ii) the times at which interest is to be paid
to the Trust;
(iii) the rate at which interest is to be paid, or
how the rate is to be determined; and
15 (iv) the relevant period;
".
87. Transitional provisions
(1) In this section --
"commencement day" means the day on which Part 10 of the
20 Legal Practice Act 2002 comes into operation;
"Trust" means the Legal Contribution Trust established under
the Legal Contribution Trust Act 1967.
(2) Moneys that, on the commencement day, are maintained on
deposit by a legal practitioner to the credit of the Trust under
25 section 11 of the Legal Contribution Trust Act 1967 --
(a) are to be taken on and after that day to be moneys
deposited by the legal practitioner to the credit of a trust
account under section 137 of the Legal Practice
Act 2002; and
30 (b) may be dealt with under the Legal Practice Act 2002
and the Legal Contribution Trust Act 1967 accordingly.
page 52
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Legal Contribution Trust Act 1967 amended and transitional Part 4
provisions
s. 87
(3) If moneys deposited by a legal practitioner to the credit of the
Trust under section 11 of the Legal Contribution Trust Act 1967
are, immediately before the commencement day, the subject of
an order made under section 58C of the Legal Practitioners
5 Act 1893, the Trust may continue to apply those moneys for the
purposes of the order.
page 53
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 5 Amendments relating to State Solicitor and savings provision
s. 88
Part 5 -- Amendments relating to State Solicitor and
savings provision
88. Bail Act 1982 amended
(1) The amendments in this section are to the Bail Act 1982*.
5 [* Reprinted as at 27 August 1999.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 27 and Acts Nos. 6 and 27 of
2002.]
(2) Section 7A(2)(a) is amended by deleting "Crown".
10 (3) Section 21(2)(b) is amended by deleting "Crown".
89. The Criminal Code amended
(1) The amendments in this section are to The Criminal Code*.
[* Reprinted as at 9 February 2001 as the Schedule to the
Criminal Code appearing as Appendix B to the Criminal
15 Code Compilation Act 1913.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 89 and Acts Nos. 3, 6, 8 and
27 of 2002.]
(2) Section 744 is amended by deleting "Crown" in both places
20 where it occurs and inserting instead --
" State ".
page 54
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments relating to State Solicitor and savings provision Part 5
s. 90
90. Crown Suits Act 1947 amended
(1) The amendments in this section are to the Crown Suits
Act 1947*.
[* Reprinted as approved 14 April 1971.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 91.]
(2) Section 6(1)(a) and (3)(c) are amended by deleting "Crown" and
inserting instead --
" State ".
10 91. Escheat (Procedure) Act 1940 amended
(1) The amendments in this section are to the Escheat (Procedure)
Act 1940*.
[* Act No. 45 of 1940.
For subsequent amendments see 2001 Index to Legislation of
15 Western Australia, Table 1, p. 118.]
(2) Section 4 is amended by deleting "Crown Solicitor" and
inserting instead --
" State Solicitor ".
92. Financial Administration and Audit Act 1985 amended
20 (1) The amendments in this section are to the Financial
Administration and Audit Act 1985*.
[* Reprinted as at 24 November 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 131 and Acts Nos. 5 and
25 20 of 2002 and Gazettes 22 March 2002 p. 1651 and
10 May 2002 p. 2445.]
(2) Section 88 is amended by deleting "Crown" in both places
where it occurs and inserting instead --
" State ".
page 55
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 5 Amendments relating to State Solicitor and savings provision
s. 93
93. The Grand Jury Abolition Act Amendment Act 1883 amended
(1) The amendments in this section are to The Grand Jury Abolition
Act Amendment Act 1883*.
[* Act No. 47 Vict., No. 6.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 156.]
(2) Section 10 is amended by deleting "Crown" and inserting
instead --
" State ".
10 94. Law Reform Commission Act 1972 amended
(1) The amendments in this section are to the Law Reform
Commission Act 1972*.
[* Reprinted as at 26 October 2001.]
(2) Section 6(1)(c) is amended by deleting "Crown Solicitor's
15 Office of the State" and inserting instead --
" State Solicitor's Office ".
95. Public Trustee Act 1941 amended
(1) The amendments in this section are to the Public Trustee
Act 1941*.
20 [* Reprinted as at 4 May 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 308 and Act No. 3 of 2002.]
(2) Section 17 is amended by deleting "Crown Solicitor" and
inserting instead --
25 " State Solicitor ".
page 56
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments relating to State Solicitor and savings provision Part 5
s. 96
96. Workers' Compensation and Rehabilitation Act 1981
amended
(1) The amendments in this section are to the Workers'
Compensation and Rehabilitation Act 1981*.
5 [* Reprinted as at 14 September 2001.]
(2) Section 84I(5)(a) is amended by deleting "State Crown" and
inserting instead --
" State ".
97. References to Crown Solicitor
10 If in a written law or other document or instrument there is a
reference to the Crown Solicitor that reference may, where the
context so requires, be read as if it had been amended to be a
reference to the State Solicitor.
page 57
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 6 Amendments to the Judges' Salaries and Pensions Act 1950
s. 98
Part 6 -- Amendments to the Judges' Salaries and
Pensions Act 1950
98. The Act amended
The amendments in this Part, other than section 106, are to the
5 Judges' Salaries and Pensions Act 1950*.
[* Reprinted as at 3 March 1994.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 187.]
99. Section 2 amended
10 Section 2(1) is amended by deleting the definition of "Index"
and inserting the following definitions in their appropriate
alphabetical positions --
"
"actuary" means a Fellow or Accredited Member of
15 The Institute of Actuaries of Australia;
"Index" means the Consumer Price Index number (All
Groups Index) for Perth published by the
Commonwealth Statistician under the Census and
Statistics Act 1905 of the Commonwealth;
20 ".
100. Section 6 amended
After section 6(2b) the following subsection is inserted --
"
(2c) Unless the Governor decides otherwise no pension is
25 payable under this section to a Judge who has been
removed under section 55 of the Constitution Act 1889,
or section 9 of the Supreme Court Act 1935.
".
page 58
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments to the Judges' Salaries and Pensions Act 1950 Part 6
s. 101
101. Section 8B amended
(1) Section 8B(1) is amended by deleting "such percentage as is
determined by the Treasurer to be".
(2) Section 8B(4) is amended by deleting "Where, for the purposes
5 of determining the increase to be made in pensions for any year,
the Treasurer determines that the Index for a" and inserting
instead --
" If, in any year, the Index for the ".
102. Section 11 amended
10 Section 11(b) is amended by inserting after "monthly" --
" , or at such other frequency as is agreed between the
Minister and the person entitled to the pension, ".
103. Section 14 repealed
Section 14 is repealed.
15 104. Sections 16 to 19 inserted
After section 15 the following sections are inserted --
"
16. Commutation of pension to meet surcharge debt
(1) A retired Judge who --
20 (a) is in receipt of a pension under this Act; and
(b) is liable to pay a surcharge as a result of
becoming entitled to that pension,
may commute part of the pension for the purpose of
paying all or part of the surcharge.
25 (2) If a surcharge becomes payable from the estate of a
deceased Judge or retired Judge, a person who is in
receipt of a pension under section 7 as a result of the
Judge's or retired Judge's death may commute part of
page 59
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 6 Amendments to the Judges' Salaries and Pensions Act 1950
s. 104
the pension for the purpose of paying all or part of the
surcharge on behalf of the executor or administrator of
the estate.
(3) A person wanting to commute a pension under
5 subsection (1) or (2) is to give to the Minister a notice
to that effect, setting out the amount of the lump sum
benefit that the person wants to be paid (the
"requested amount"), which cannot be more than the
surcharge.
10 (4) On receipt of a notice under subsection (3) the Minister
is to give to the person a notice setting out the amount
by which the person's pension would be reduced under
subsection (6)(b) if the commutation was effected on
the day on which the Minister gives the notice.
15 (5) If, after receiving the Minister's notice, the person
wants to proceed with the commutation, the person is
to give to the Minister a notice to that effect.
(6) On receipt by the Minister of a notice under
subsection (5) --
20 (a) the person becomes entitled to a lump sum
benefit of an amount equal to the requested
amount; and
(b) the person's pension (as at the date of that
receipt) is reduced to an amount determined by
25 the Minister, on the advice of an actuary, to be
actuarially equivalent to the value of the
pension before the application of this section,
reduced by the requested amount.
(7) A notice given to the Minister for the purposes of this
30 section is to be --
(a) made in the form and manner, and given within
the period, determined by the Minister; and
page 60
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments to the Judges' Salaries and Pensions Act 1950 Part 6
s. 104
(b) accompanied by such information as is
determined by the Minister.
(8) In this section --
"surcharge" means an amount payable to the
5 Commissioner of Taxation under the
Superannuation Contributions Tax (Members of
Constitutionally Protected Superannuation Funds)
Imposition Act 1997 of the Commonwealth or any
other Act of the Commonwealth prescribed for the
10 purposes of this definition.
17. Benefit if no pension payable
(1) If a Judge ceases to hold office as a Judge (other than
as a result of the death of the Judge) but does not
become entitled to a pension under this Act, the Judge
15 is entitled to --
(a) if the Judge is under 55 years of age, a
preserved benefit; or
(b) otherwise, payment of a lump sum benefit,
of an amount determined under subsection (3).
20 (2) If a Judge who does not have a spouse or de facto partner
dies while still in office a lump sum benefit of an amount
determined under subsection (3) is to be paid to the
executor or administrator of the Judge's estate.
(3) The amount of the lump sum benefit is the amount
25 determined by the Minister on the advice of an actuary
to be --
(a) the minimum benefit required for the State not
to incur an individual superannuation guarantee
shortfall in respect of the Judge; less
30 (b) the employer sponsored component of any
benefit --
(i) to which the Judge is entitled as a result
of ceasing to hold office as a Judge; or
page 61
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 6 Amendments to the Judges' Salaries and Pensions Act 1950
s. 104
(ii) payable as a result of the death of the
Judge,
(as the case requires) from any other
superannuation scheme to which the State
5 contributed in respect of the Judge while he or
she was a Judge.
(4) A preserved benefit to which a Judge is entitled under
subsection (1)(b) is to be dealt with in accordance with
the Superannuation Industry (Supervision) Act 1993 of
10 the Commonwealth as if --
(a) the benefit were a preserved benefit in a
regulated superannuation fund (within the
meaning of that Act); and
(b) the preservation age for the Judge was 55 years
15 (or such greater age as is prescribed).
(5) If a Judge who is entitled to a benefit under
subsection (1) dies before it is paid, the benefit is to be
paid to the executor or administrator of the Judge's
estate.
20 (6) Benefits payable under this section are to be charged to
the Consolidated Fund which is, to the necessary
extent, appropriated accordingly.
(7) The Governor may make regulations prescribing an age
greater than 55 years for the purposes of
25 subsection (4)(b).
(8) In subsection (3) --
"individual superannuation guarantee shortfall" has
the meaning given by section 17 of the
Superannuation Guarantee (Administration)
30 Act 1992 of the Commonwealth.
page 62
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments to the Judges' Salaries and Pensions Act 1950 Part 6
s. 104
18. Conversion of lump sum to meet surcharge debt
(1) A Judge who becomes entitled to a lump sum benefit
under section 17 and is liable to pay a surcharge as a
result of becoming entitled to that benefit may --
5 (a) convert all or part of the benefit into a
commutable pension; and
(b) fully commute that pension.
(2) A Judge wanting to convert a benefit under
subsection (1) is to give to the Minister a notice to that
10 effect, setting out the amount that the Judge wants to be
paid in the form of the commuted pension (the
"requested amount"), which cannot be more than the
surcharge.
(3) On receipt by the Minister of a notice under
15 subsection (2) --
(a) the benefit to which the Judge is entitled under
section 17 is reduced by the amount of the
requested amount;
(b) the Judge becomes entitled to a pension of an
20 amount calculated to be actuarially equivalent
to a lump sum benefit of the requested amount;
and
(c) that pension is commuted into, and the Judge
becomes entitled to, a lump sum of the amount
25 of the requested amount.
(4) In this section --
"surcharge" has the same meaning as in section 16.
19. Administration costs
The costs of administering sections 6 to 17 are to be
30 charged to the Consolidated Fund which is, to the
necessary extent, appropriated accordingly.
".
page 63
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 6 Amendments to the Judges' Salaries and Pensions Act 1950
s. 105
105. Second Schedule amended
Second Schedule Part III item 2 is amended by deleting
"Treasurer" and inserting instead --
" Minister ".
5 106. State Superannuation (Transitional and Consequential
Provisions) Act 2000 amended
(1) The amendments in this section are to the State Superannuation
(Transitional and Consequential Provisions) Act 2000*.
[* Act No. 43 of 2000.]
10 (2) Section 51(4) is repealed and the following subsection is
inserted instead --
"
(4) Section 8A is repealed and the following section is
inserted instead --
15 "
8A. Reduction of spouse or de facto partner's pension
If the spouse or de facto partner of a Judge --
(a) is entitled to, or in receipt of, a spouse or de
facto partner's pension under this Act; and
20 (b) is in receipt of a spouse or de facto partner's
pension under the State Superannuation
Act 2000,
then the pension under this Act is to be reduced by an
amount equal to the State share (as defined under the
25 State Superannuation Act 2000) of the pension under
that Act.
".
".
page 64
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments about qualifications for appointment Part 7
s. 107
Part 7 -- Amendments about qualifications for
appointment
107. Children's Court of Western Australia Act 1988 amended
(1) The amendments in this section are to the Children's Court of
5 Western Australia Act 1988*.
[* Reprinted as at 25 August 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 51 and Act No. 27 of 2002.]
(2) Section 3 is amended by inserting before "In this Act" the
10 subsection designation (1).
(3) At the end of section 3 the following subsection is inserted --
"
(2) For the purposes of this Act, "legal experience" is --
(a) standing and practice in the State as a legal
15 practitioner (as defined in the Legal Practice
Act 2002);
(b) standing and practice in another State or a
Territory as a barrister or solicitor of the
Supreme Court of that State or Territory;
20 (c) judicial service (including service as a judge of
a court, a magistrate or other judicial officer) in
the State or elsewhere in a common law
jurisdiction; or
(d) a combination of 2 or more kinds of legal
25 experience defined in this subsection.
".
page 65
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 7 Amendments about qualifications for appointment
s. 108
(4) Section 7(2) is repealed and the following subsection is inserted
instead --
"
(2) A person is not eligible for appointment as a Judge
5 unless that person --
(a) is or has been a legal practitioner and has had
not less than 8 years' legal experience; or
(b) is a practising barrister of the High Court of
Australia and has had not less than 8 years'
10 legal experience.
".
108. Commercial Tribunal Act 1984 amended
(1) The amendments in this section are to the Commercial Tribunal
Act 1984*.
15 [* Reprinted as at 10 May 2002.]
(2) Section 5(1) is amended by deleting "practitioner as defined by
the Legal Practitioners Act 1893" and inserting instead --
"
legal practitioner (as defined in the Legal Practice
20 Act 2002) or a barrister or solicitor of the Supreme
Court of another State or a Territory
".
109. Criminal Injuries Compensation Act 1985 amended
(1) The amendments in this section are to the Criminal Injuries
25 Compensation Act 1985*.
[* Reprinted as at 12 February 1997.]
(2) Section 3(1) is amended by deleting the definition of "qualified
person" and inserting the following definition instead --
"
30 "qualified person" means a person who is a legal
practitioner (as defined in the Legal Practice
page 66
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments about qualifications for appointment Part 7
s. 110
Act 2002) or a barrister or solicitor of the Supreme
Court of another State or a Territory of not less
than 8 years' standing and practice.
".
5 110. Director of Public Prosecutions Act 1991 amended
(1) The amendments in this section are to the Director of Public
Prosecutions Act 1991*.
[* Reprinted as at 1 June 2001.
For subsequent amendments see 2001 Index to Legislation of
10 Western Australia, Table 1, p. 100 and Act No. 27 of 2002.]
(2) Section 5(2) is amended by inserting after "legal
practitioner" --
"
or a barrister or solicitor of the Supreme Court of
15 another State or a Territory
".
111. District Court of Western Australia Act 1969 amended
(1) The amendments in this section are to the District Court of
Western Australia Act 1969*.
20 [* Reprinted as at 19 January 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 103 and Act No. 23 of 2002.]
(2) Section 6 is amended by inserting before "In this Act" the
subsection designation (1).
25 (3) At the end of section 6 the following subsection is inserted --
"
(2) For the purposes of this Act, "legal experience" is --
(a) standing and practice in the State as a legal
practitioner;
30 (b) standing and practice in another State or a
Territory as a barrister or solicitor of the
Supreme Court of that State or Territory;
page 67
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 7 Amendments about qualifications for appointment
s. 112
(c) judicial service (including service as a judge of
a court, a magistrate or other judicial officer) in
the State or elsewhere in a common law
jurisdiction; or
5 (d) a combination of 2 or more kinds of legal
experience defined in this subsection.
".
(4) Section 10(2) is repealed and the following subsection is
inserted instead --
10 "
(2) A person is eligible for appointment as a District Court
Judge if that person --
(a) is or has been a legal practitioner and has had
not less than 8 years' legal experience; or
15 (b) is a practising barrister of the High Court of
Australia and has had not less than 8 years'
legal experience.
".
112. Equal Opportunity Act 1984 amended
20 (1) The amendments in this section are to the Equal Opportunity
Act 1984*.
[* Reprinted as at 21 July 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 118 and Acts Nos. 3 and 20
25 of 2002.]
(2) Section 96(2)(a) is amended by inserting after "legal
practitioner" --
"
or a barrister or solicitor of the Supreme Court of
30 another State or a Territory
".
page 68
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments about qualifications for appointment Part 7
s. 113
113. Fisheries Adjustment Schemes Act 1987 amended
(1) The amendments in this section are to the Fisheries Adjustment
Schemes Act 1987*.
[* Reprinted as at 3 May 2002.]
5 (2) Section 14O(2)(a) is amended by deleting "practitioner as
defined in the Legal Practitioners Act 1893" and inserting
instead --
"
legal practitioner (as defined in the Legal Practice
10 Act 2002) or a barrister or solicitor of the Supreme
Court of another State or a Territory
".
114. Land Valuation Tribunals Act 1978 amended
(1) The amendments in this section are to the Land Valuation
15 Tribunals Act 1978*.
[* Act No. 75 of 1978.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 201.]
(2) Section 6(1)(a) is amended by deleting "practitioner as defined
20 by the Legal Practitioners Act, 1893" and inserting instead --
"
legal practitioner (as defined in the Legal
Practice Act 2002) or a barrister or solicitor of
the Supreme Court of another State or a
25 Territory
".
115. Land Valuers Licensing Act 1978 amended
(1) The amendments in this section are to the Land Valuers
Licensing Act 1978*.
30 [* Reprinted as at 3 May 2002.]
page 69
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 7 Amendments about qualifications for appointment
s. 116
(2) Section 6(1)(a) is amended by inserting after "legal
practitioner" --
"
or a barrister or solicitor of the Supreme Court
5 of another State or a Territory
".
(3) Section 6(4)(a) is amended by inserting after "legal
practitioner" --
"
10 or barrister or solicitor of the Supreme Court of
another State or a Territory
".
116. Racing Penalties (Appeals) Act 1990 amended
(1) The amendments in this section are to the Racing Penalties
15 (Appeals) Act 1990*.
[* Reprinted as at 19 October 2001.]
(2) Section 5(1) is amended by deleting "practitioner, as defined by
the Legal Practitioners Act 1893" and inserting instead --
"
20 legal practitioner (as defined in the Legal Practice
Act 2002) or a barrister or solicitor of the Supreme
Court of another State or a Territory
".
117. Small Claims Tribunals Act 1974 amended
25 (1) The amendments in this section are to the Small Claims
Tribunals Act 1974*.
[* Reprinted as approved 2 July 1999.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 344.]
page 70
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments about qualifications for appointment Part 7
s. 118
(2) Section 7 is repealed and the following section is inserted
instead --
"
7. Eligibility to hold office as a referee
5 Any person who is a legal practitioner (as defined in
the Legal Practice Act 2002) or a barrister or solicitor
of the Supreme Court of another State or a Territory
may be appointed and hold office as a referee.
".
10 118. Solicitor-General Act 1969 amended
(1) The amendments in this section are to the Solicitor-General
Act 1969*.
[* Act No. 38 of 1969.
For subsequent amendments see 2001 Index to Legislation of
15 Western Australia, Table 1, p. 346.]
(2) Section 3(2) is repealed and the following subsection is inserted
instead --
"
(2) A person is not eligible for appointment as
20 Solicitor-General unless he or she is a legal practitioner
(as defined in the Legal Practice Act 2002) or a
barrister or solicitor of the Supreme Court of another
State or a Territory of not less than eight years'
standing and practice.
25 ".
119. Supreme Court Act 1935 amended
(1) The amendments in this section are to the Supreme Court
Act 1935*.
[* Reprinted as at 9 February 2001.
30 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 370 and Act No. 23 of 2002.]
page 71
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 7 Amendments about qualifications for appointment
s. 119
(2) Section 4 is amended by inserting before "In this Act" the
subsection designation (1).
(3) At the end of section 4 the following subsection is inserted --
"
5 (2) For the purposes of this Act, "legal experience" is --
(a) standing and practice in the State as a legal
practitioner;
(b) standing and practice in another State or a
Territory as a barrister or solicitor of the
10 Supreme Court of that State or Territory;
(c) judicial service (including service as a judge of
a court, a magistrate or other judicial officer) in
the State or elsewhere in a common law
jurisdiction; or
15 (d) a combination of 2 or more kinds of legal
experience defined in this subsection.
".
(4) Section 8(1) is repealed and the following subsection is inserted
instead --
20 "
(1) A person is eligible for appointment as a Judge of the
Court if that person --
(a) is or has been a legal practitioner and has had
not less than 8 years' legal experience; or
25 (b) is a practising barrister of the High Court of
Australia and has had not less than 8 years'
legal experience.
".
page 72
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments about qualifications for appointment Part 7
s. 120
120. Transfer of Land Act 1893 amended
(1) The amendments in this section are to the Transfer of Land
Act 1893*.
[* Reprinted as at 9 February 2001.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 385.]
(2) Section 5 is amended by deleting "barrister or solicitor of the
English Irish or Colonial Courts" and inserting instead --
10 "
legal practitioner (as defined in the Legal Practice
Act 2002) or a barrister or solicitor of the Supreme
Court of another State or a Territory
".
15 (3) Section 6(2) is amended by deleting "he is a practitioner, as
defined by the Legal Practitioners Act 1893" and inserting
instead --
"
he or she is a legal practitioner (as defined in the Legal
20 Practice Act 2002) or a barrister or solicitor of the
Supreme Court of another State or a Territory
".
page 73
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 8 Amendments about the Crown
s. 121
Part 8 -- Amendments about the Crown
121. Bail Act 1982 amended
(1) The amendments in this section are to the Bail Act 1982*.
[* Reprinted as at 27 August 1999.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 27 and Acts Nos. 6 and 27 of
2002.]
(2) Section 3(1) is amended by deleting the definition of
"prosecutor" and inserting instead --
10 "
"prosecutor" includes --
(a) in the case of an offence charged in a
complaint, the complainant;
(b) in the case of an offence charged in an
15 indictment, the State or the Commonwealth,
as the case may be;
".
(3) Each of the provisions in the Table to this subsection is
amended by deleting "Crown" in each place where it occurs and
20 in each case inserting instead --
" State ".
Table
s. 19(2)(b) s. 58(1)
s. 49(1) s. 58(2)
s. 49(3) s. 59 (2 places)
s. 57(1) Schedule 1 Part D cl. 1(2)(e)
s. 57(3)
(4) Section 63 is amended by deleting "Crown" and inserting
instead --
25 " State or the Commonwealth ".
page 74
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments about the Crown Part 8
s. 122
122. Children's Court of Western Australia Act 1988 amended
(1) The amendments in this section are to the Children's Court of
Western Australia Act 1988*.
[* Reprinted as at 25 August 2000.
5 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 51 and Act No. 27 of 2002.]
(2) Section 19B(4)(b) is amended by deleting "Crown" and
inserting instead --
" State ".
10 (3) Section 19E is amended by deleting "the Crown in the right of ".
(4) Section 32(2)(a)(i) is amended by deleting "Crown" and
inserting instead --
" State ".
(5) Section 32(4) is amended in the definition of "public authority"
15 by deleting "the Crown in right of ".
(6) Schedule 1 is amended by deleting "our Sovereign Lady Queen
Elizabeth the Second, Her Heirs and Successors" in the 2 places
where it occurs and in each place inserting instead --
" the State of Western Australia ".
20 123. The Criminal Code amended
(1) The amendments in this section are to The Criminal Code*.
[* Reprinted as at 9 February 2001 as the Schedule to the
Criminal Code appearing as Appendix B to the Criminal
Code Compilation Act 1913.
25 For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 89 and Acts Nos. 3, 6, 8 and
27 of 2002.]
page 75
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 8 Amendments about the Crown
s. 123
(2) Each of the provisions in the Table to this subsection is
amended by deleting "Crown" in each place where it occurs and
in each case inserting instead --
" prosecutor ".
5 Table
s. 577 (2 places) s. 632A
s. 616(1) s. 646
s. 617A s. 651A(5)
s. 618(3)
(3) Section 581 is amended by deleting "Crown" in the 2 places
where it occurs and in each place inserting instead --
" State ".
(4) Section 584(14) is amended by deleting "Her Majesty" and
10 inserting instead --
" the State ".
(5) Section 609 is amended by deleting "Crown" and inserting
instead --
" State or the Commonwealth ".
15 (6) Section 628 is amended as follows:
(a) by deleting "Crown" in the first and third places where it
occurs and in each place inserting instead --
" prosecutor ";
(b) in paragraph (2) by deleting "Crown" and inserting
20 instead --
" State or the Commonwealth, as the case may be, ".
(7) Section 633 is amended by deleting "Crown" and inserting
instead --
" State or the Commonwealth, as the case may be, ".
page 76
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments about the Crown Part 8
s. 124
(8) Section 637 is amended by deleting "counsel for the Crown" in
the 4 places where it occurs and in each place inserting
instead --
" prosecutor ".
5 (9) Section 693A(4) is amended by deleting "Crown" and inserting
instead --
" State ".
(10) Section 701(2) is amended by deleting "for the Crown thereon".
(11) Section 720 is amended by deleting "Queen" and inserting
10 instead --
" State ".
(12) Section 729(3) is amended by deleting "Crown" in the 3 places
where it occurs and in each place inserting instead --
" prosecution ".
15 (13) Section 746A(1) is amended as follows:
(a) by deleting "prosecution" and inserting instead --
" State ";
(b) by deleting "Crown" and inserting instead --
" State ".
20 (14) Section 746A(4) is amended by deleting "Crown" and inserting
instead --
" State ".
124. Director of Public Prosecutions Act 1991 amended
(1) The amendments in this section are to the Director of Public
25 Prosecutions Act 1991*.
[* Reprinted as at 1 June 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 100 and Act No. 27 of 2002.]
page 77
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 8 Amendments about the Crown
s. 125
(2) Section 10(1)(a) is amended by deleting "Crown" and inserting
instead --
" State ".
125. District Court of Western Australia Act 1969 amended
5 (1) The amendments in this section are to the District Court of
Western Australia Act 1969*.
[* Reprinted as at 19 January 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 103 and Act No. 23 of 2002.]
10 (2) Section 6 is amended as follows:
(a) in the definition of "action" by deleting "by the Crown";
(b) in the definition of "cause" by deleting "by the Crown".
(3) Section 10(1) is amended by deleting "in Her Majesty's name"
and inserting instead --
15 " under the Public Seal of the State ".
(4) Section 11(1) is amended by deleting "Her Majesty" and
inserting instead --
" the Governor ".
(5) Section 18A(1) is amended by deleting "in Her Majesty's
20 name" and inserting instead --
" under the Public Seal of the State ".
(6) Section 18A(3) is amended by deleting "in Her Majesty's
name" and inserting instead --
" under the Public Seal of the State ".
25 (7) Section 24(1) is amended by deleting "in Her Majesty's name"
and inserting instead --
" under the Public Seal of the State ".
page 78
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments about the Crown Part 8
s. 126
(8) The Schedule is amended by deleting "our Sovereign Lady
Queen Elizabeth the Second Her Heirs and Successors" in the
2 places where it occurs and in each place inserting instead --
" the State of Western Australia ".
5 126. Family Court Act 1997 amended
(1) The amendments in this section are to the Family Court Act
1997*.
[* Act 40 of 1997.
For subsequent amendments see 2001 Index to Legislation of
10 Western Australia, Table 1, p. 124 and Acts Nos. 3 and 25 of
2002.]
(2) Schedule 1 item 1 is amended by deleting "Her Majesty Queen
Elizabeth the Second, Her heirs and successors" in each place
where it occurs and in each place inserting instead --
15 " the State of Western Australia ".
127. Juries Act 1957 amended
(1) The amendments in this section are to the Juries Act 1957*.
[* Reprinted as at 3 July 2000.]
(2) Section 38(1) is amended by deleting "those prosecuting for the
20 Crown" and inserting instead --
" the prosecution ".
(3) Section 52(1) is amended by deleting "Crown" and inserting
instead --
" prosecution ".
25 128. Justices Act 1902 amended
(1) The amendments in this section are to the Justices Act 1902*.
page 79
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 8 Amendments about the Crown
s. 129
[* Reprinted as at 8 October 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 193 and Act No. 27 of 2002.]
(2) Section 154A(1) is amended by deleting "Crown" in the
5 2 places where it occurs and in each place inserting instead --
" State ".
(3) Section 154A(3) is amended by deleting "Crown" and inserting
instead --
" State ".
10 (4) Section 206D is amended by deleting "Crown" and inserting
instead --
" State ".
129. Local Courts Act 1904 amended
(1) The amendments in this section are to the Local Courts
15 Act 1904*.
[* Reprinted as at 12 January 2001.]
(2) Section 3 is amended in the definition of "Minister" by deleting
"Crown" and inserting instead --
" State ".
20 130. Supreme Court Act 1935 amended
(1) The amendments in this section are to the Supreme Court
Act 1935*.
[* Reprinted as at 9 February 2001.
For subsequent amendments see 2001 Index to Legislation of
25 Western Australia, Table 1, p. 370 and Act No. 23 of 2002.]
(2) Section 4 is amended as follows:
(a) in the definition of "Action" by deleting "by the
Crown";
(b) in the definition of "Cause" by deleting "by the Crown".
page 80
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Amendments about the Crown Part 8
s. 130
(3) Section 9(1) is amended by deleting "Her Majesty" and
inserting instead --
" the Governor ".
(4) Section 15(1) is amended by deleting "Royal Arms" and
5 inserting instead --
" armorial bearings of the State ".
(5) Section 37(2) is repealed and the following subsection is
inserted instead --
"
10 (2) Nothing in this section shall alter the practice in
proceedings in relation to the prerogative and criminal
jurisdiction of the Court.
".
(6) Section 50(1) is amended by deleting "by the Crown".
15 (7) Section 51(1) is amended by deleting "by the Crown".
(8) Section 56(1) is amended by deleting "by the Crown".
(9) Section 119 is amended by deleting "to Her Majesty or any of
her subjects, or other persons entitled in like manner as
subjects".
20 (10) Section 154(1) is amended by deleting "Her Majesty's" and
inserting instead --
" The ".
(11) Section 154(3), (4), (5) and (6) are each amended by deleting
"Crown" in each place where it occurs and in each place
25 inserting instead --
" State ".
page 81
Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002
Part 8 Amendments about the Crown
s. 130
(12) The Second Schedule is amended by deleting "our Sovereign
Lady Queen Elizabeth the Second, Her Heirs and successors"
and inserting instead --
" the State of Western Australia ".
page 82
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