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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2012-10-17 Daily Xml
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STATUTES AMENDMENT (COURTS EFFICIENCY REFORMS) 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. Long title—After 'the Domestic Partners Property Act 1996,' insert:

the Magistrates Act 1983,

No. 2. Clause 9, page 4, lines 20 to 22—Delete all words after 'by this Part' and substitute:

—

(a) do not apply in relation to the sentencing of a person following the commencement of this Part if the proceedings for the relevant offence were commenced before that commencement (and such sentencing is to occur as if this Act had not been enacted); and

(b) apply in relation to the sentencing of a person following the commencement of this Part (including the sentencing of a person for an offence that occurred before that commencement) if the proceedings for the relevant offence were commenced on or after that commencement.

No. 3. Clause 11, page 5, after line 8 [clause 11(1)]—After subsection (1a) insert:

(1b) However, subsection (1a) does not apply if the Court determines, on its own initiative or on application by the appellant, that the appellant should be physically present in the courtroom.

No. 4. Clause 17, page 7, lines 14 to 16 [clause 17(2)]—Delete all words after 'section 14' and substitute:

—

(a) do not apply in relation to the sentencing of a person by the Magistrates Court following the commencement of this Part if the proceedings for the relevant offence were commenced before that commencement (and such sentencing is to occur as if this Act had not been enacted); and

(b) apply in relation to the sentencing of a person by the Magistrates Court following the commencement of this Part (including the sentencing of a person for an offence that occurred before that commencement) if the proceedings for the relevant offence were commenced on or after that commencement.

No. 5. New Part, page 7, after line 28—After Part 6 insert:

Part 6A—Amendment of Magistrates Act 1983

19A—Amendment of section 6—Appointment to administrative offices in magistracy

(1) Section 6—after subsection (2) insert:

(2a) A person is not eligible for appointment as the Chief Magistrate unless he or she is a legal practitioner of at least 7 years standing.

(2b) For the purpose of determining whether a legal practitioner has the standing necessary for appointment as the Chief Magistrate, periods of legal practice and (where relevant) judicial service within and outside the State will be taken into account.

(2) Section 6(3)—delete 'the Chief Magistrate or'

(3) Section 6(4)—delete 'shall' and substitute:

(other than an appointment as the Chief Magistrate) will

19B—Insertion of section 6A

After section 6 insert:

6A—Chief Magistrate to be magistrate and District Court Judge

(1) The Chief Magistrate will be taken to have been appointed as a magistrate and as a Judge of the District Court of South Australia (if he or she is not already a magistrate or a Judge of the District Court of South Australia).

(2) Section 6 of the Judicial Administration (Auxiliary Appointments and Powers) Act 1988 applies to the Chief Magistrate and, for that purpose, the office of Judge of the District Court of South Australia will be taken to be the primary judicial office of the Chief Magistrate and service as Chief Magistrate will be regarded as if it were service as a Judge of the District Court of South Australia.

(3) However—

(a) the Chief Magistrate may not perform the duties, or exercise the powers, of a Judge of the District Court of South Australia while the Chief Magistrate holds an appointment as Chief Magistrate; and

(b) the Chief Magistrate may—

(i) resign from the office of Chief Magistrate without simultaneously resigning from the office of Judge of the District Court of South Australia; or

(ii) resign from the office of Judge of the District Court of South Australia and from the office of the Chief Magistrate without simultaneously resigning from office as a magistrate,

and such a resignation will not give rise to any right to pension, retirement leave or other similar benefit.

(4) The Governor may, by regulation, make provisions relating to existing entitlements, and recognition of prior service, of the person holding the office of the Chief Magistrate on the commencement of this section or a person appointed to the office after that commencement, including by making modifications to the application of an Act that deals with superannuation or pensions.

No. 6. New clause, inserted Part 6A—After inserted 19B insert:

19C—Amendment of section 9—Tenure of office

Section 9(1)(c)—delete 'sixty-five' and substitute: '70'

No. 7. Clause 20, page 7, line 33 [clause 20(1)]—Delete '$24,000' and substitute '$25,000'

No. 8. Clause 20, page 7, line 35 [clause 20(2)]—Delete '$12,000' and substitute '$25,000'

No. 9. Clause 20, page 7, line 38 [clause 20(3)]—Delete '$12,000' and substitute '$25,000'

No. 10. Clause 24, page 8, lines 30 and 31 [clause 24(2)]—Delete 'whether the relevant offence occurred before or after that commencement' and substitute:

(including the sentencing of a person for an offence that occurred before that commencement) only if the proceedings for the relevant offence were commenced on or after that commencement

No. 11. New clause, page 8, after line 31—After clause 24 insert:

24A—Review of certain amendments

(1) The Attorney-General must, as soon as practicable after the first anniversary of the commencement of section 20, conduct a review of the operation and impact of the amendments made to the Magistrates Court Act 1991 by that section.

(2) The Attorney-General must prepare a report based on the review and must, within 12 sitting days after the report is prepared, cause copies of the report to be laid before each House of Parliament.

No. 12. Clause 38, page 11, lines 26 to 29 [clause 38(2)]—Delete all words after 'sections 33, 34 and 35' and substitute:

—

(a) do not apply in respect of the procedure to be followed after the commencement of this Part in proceedings commenced before that commencement (and such proceedings are to proceed as if this Act had not been enacted); and

(b) apply in respect of the procedure to be followed in proceedings commenced after that commencement.

No. 13. Clause 43, page 12, line 22—Delete 'whether the relevant offence occurred before or after that commencement' and substitute:

(including the sentencing of a person for an offence that occurred before that commencement) only if the proceedings for the relevant offence were commenced on or after that commencement

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