Statutes Amendment (Attorney-General's Portfolio No 3) Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 2, page 3, lines 6 to 12—Delete the clause and substitute:

2—Commencement

(1) Subject to this section, this Act will come into operation on the day on which it is assented to by the Governor.

(2) Sections 21, 22, 23 and 24 will be taken to have come into operation on 1 July 2017.

(3) Subject to subsection (4), sections 13 to 18 (inclusive) will come into operation on 8 July 2018.

(4) If this Act is assented to after 8 July 2018, sections 13 to 18 (inclusive) will be taken to have come into operation on 8 July 2018.

(5) The following sections will come into operation on a day to be fixed by proclamation:

(a) sections 5 to 12 (inclusive);

(b) sections 19 and 20;

(c) sections 25 to 34 (inclusive).

No. 2. New clause, page 7, after line 11—After clause 13 insert:

13A—Insertion of section 6B

After section 6A—insert:

6B—Acting Chief Magistrate

(1) Subject to subsection (2), the Chief Magistrate may, by instrument in writing, appoint a magistrate to be Acting Chief Magistrate during a period, and subject to any conditions, specified in the instrument of appointment.

(2) The appointment of an Acting Chief Magistrate under subsection (1) ceases on the office of the Chief Magistrate becoming vacant.

(3) If—

(a) the office of the Chief Magistrate becomes vacant; or

(b)—

(i) the Chief Magistrate is absent, or, for any reason, is unable for the time being to carry out the duties of the office; and

(ii) an Acting Chief Magistrate has not been appointed under subsection (1),

the Governor may appoint a magistrate to be Acting Chief Magistrate until—

(c) a person is appointed to the office of the Chief Magistrate; or

(d) the Chief Magistrate returns to official duties,

(as the case requires).

(4) On the appointment of a magistrate to be Acting Chief Magistrate under this section, any power or function attached to the office of the Chief Magistrate under this or any other Act devolves on the magistrate so appointed.

No. 3. Clause 14, page 7, after line 13—After line 13 insert:

(2) Section 7(3)—delete 'administrative powers or functions' and substitute:

powers or functions under this or any other Act

No. 4. Clause 16, page 7, lines 17 and 18—Delete clause 16 and substitute:

16—Amendment of section 11—Chief Magistrate

Section 11(3)—delete 'Deputy Chief Magistrate and, if both are absent, on a Magistrate appointed by the Governor to act in the absence of the Chief Magistrate' and substitute:

Acting Chief Magistrate appointed in accordance with section 6B of the Magistrates Act 1983

No. 5. New clause, page 8, after line 18—After clause 21 insert:

21A—Amendment of section 4—Relevant Acts prevail

After the contents of section 4 (now to be designated as subsection (1))—insert:

(2) Subsection (1) does not apply in relation to a rule made under section 92(1)(ka).

No. 6. New clause, page 9, after line 21—After clause 22 insert:

22A—Amendment of section 92—Rules

(1) Section 92(1)—after paragraph (k) insert:

(ka) providing that a rule made pursuant to paragraph (k) is to prevail over an inconsistent provision of a relevant Act; and

(2) Section 92(5)—delete 'The' and substitute:

Except to the extent specified in subsection (1)(ka), the

No. 7. New clause, page 10, after line 34—After clause 25—insert:

25A—Amendment of section BA—Exclusions may not apply

(1) Section 13A—after subsection (1) insert:

(1a) A young person in relation to whom a finding has been made (as constituting a conviction for the purposes of this Act) that is taken to be immediately spent under section 4(1a), may apply to a qualified magistrate for an order that a prescribed exclusion under clause 14 of Schedule I does not apply in relation to the finding.

(2) Section 13A(6)—delete 'this section' and substitute: subsection (1)

(3) Section 13A—after subsection (6) insert:

(6a) The making of an order under subsection (la) is at the discretion of the qualified magistrate and that discretion will be exercised having regard to—

(a) the nature, circumstances and seriousness of the relevant offence; and

(b) whether the relevant offence involved a child or children or a vulnerable person or persons; and

(c) all the circumstances of the applicant, including—

(i) whether the applicant has a history of offending; and

(ii) the circumstances of the applicant at the time of the commission of the offence and at the time of the application; and

(iii) whether the applicant appears to have rehabilitated and to be of good character; and

(iv) whether not making the order would have an unduly deleterious effect on the applicant's career or employment prospects; and

(d) whether the removal of the exclusion by operation of an order under this section might present a risk to children, vulnerable persons or the public more generally (and, if so, the extent of that risk); and

(e) whether there is any public interest served in not making the order; and

(f) any other matter considered relevant by the qualified magistrate.

(4) Section 13A—after subsection (8) insert:

(9) In this section—

young person means a person of or below the age of 25 years.

No. 8. Clause 26, page 11, line 8 [clause 26, inserted clause a1(2)]—Delete '13A' and substitute '13A(1)'

No. 9. Clause 26, page 11, after line 8 [clause 26, inserted clause a1]—After subclause (2) insert:

(2a) A prescribed exclusion under clause 14 of Schedule 1 does not apply in relation to a finding (as constituting a conviction for the purposes of this Act) that is taken to be immediately spent under section 4(1a) in respect of a particular young person if a qualified magistrate has made an order to that effect under section l 3A(1a).

Consideration in committee of the Legislative Council's amendments.

The Hon. J.R. RAU: I move:

That the Legislative Council's amendments be agreed to.

The Hon. J.R. RAU: I indicate that all of the amendments are accepted.

Ms CHAPMAN: And similarly, I indicate that the opposition accepts the amended bill.

Motion carried.