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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2013-03-19 Daily Xml
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STATUTES AMENDMENT (APPEALS) 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. New clause, page 2, after line 9—Before clause 4 insert:

3A—Amendment of section 5—Interpretation

Section 5(1), definition of Full Court—delete the definition and substitute:

Full Court has the same meaning as in the Supreme Court Act 1935;

No. 2. Clause 7, page 4, after line 11—After inserted subsection (3) insert:

(4) The decision of the Full Court when constituted by 2 judges is to be in accordance with the opinion of those judges or, if the judges are divided in opinion, the proceedings are to be reheard and determined by the Full Court constituted by such 3 judges as the Chief Justice directs (including, if practicable, the 2 judges who first heard the proceedings on appeal).

No. 3. Clause 10, page 4, after line 28—After inserted subsection (2a) insert:

(2b) The decision of the Full Court when constituted by 2 judges is to be in accordance with the opinion of those judges or, if the judges are divided in opinion, the proceedings are to be reheard and determined by the Full Court constituted by such 3 judges as the Chief Justice directs (including, if practicable, the 2 judges who first heard the proceedings on appeal).

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