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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2013-10-16 Daily Xml
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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 5, page 3, after line 6—After line 6 insert:

(1) Section 44(2)—delete 'If' and substitute:

Subject to subsection (2a), if

No. 2. Clause 5, page 3, lines 8 to 15 [clause 5, inserted subsection (2a)]—

Delete inserted subsection (2a) and substitute:

(2a) The Minister for Correctional Services must, before deciding whether to waive the obligation of a probationer to comply any further with a condition requiring supervision, take into account the likely impact on a victim to which this subsection applies if the probationer is no longer required to remain under supervision.

No. 3. New Part, page 4, after line 14—Insert:

Part 6A—Amendment of Magistrates Court Act 1991

9A—Amendment of section 42—Appeals

(1) Section 42(5)(c)—after 'including' insert:

, subject to subsection (5a),

(2) Section 42—after subsection (5) insert:

(5a) The Full Court may not make an order for costs in relation to an appeal to the Full Court of a kind referred to in subsection (2)(ab).

No. 4. Part 7, new clause, page 4, after line 15—

Part 7—before clause 10 insert:

9AB—Amendment of section 5—Interpretation

Section 5(1), definition of Full Court, (b)(ii)—delete subparagraph (ii) and substitute:

(ii) the Chief Justice has made a determination under—

(A) section 357(3) of the Criminal Law Consolidation Act 1935; or

(B) section 42(2a) of the Magistrates Court Act 1991; or

(C) section 22(2a) of the Youth Court Act 1993;

No. 5. New Part, page 4, after line 31—Insert:

Part 9—Amendment of Youth Court Act 1993

13—Amendment of section 22—Appeals

Section 22—after subsection (2) insert:

(2a) The Chief Justice may determine that the Full Court is to be constituted of only 2 judges for the purposes of hearing and determining an appeal to the Full Court of a kind referred to in subsection (2)(ba).

(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).

Consideration in committee.

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

That the Legislative Council's amendments be agreed to.

Motion carried.

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