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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
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Bills

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

Committee Stage

In committee (resumed on motion).

Clause 12.

Ms CHAPMAN: I move:

Amendment No 1 [Chapman–2]—

Page 6, lines 5 to 13—Delete Part 6 and substitute 'Part 6—Amendment of Magistrates Act 1983'

12—Amendment of section 6—Magistracy

(1) Section 6(1)—delete subsection (1) and substitute:

(1) There will be a Chief Magistrate appointed by the Governor on the recommendation of the Attorney-General.

(2) Section 6(2)—delete 'or Deputy Chief Magistrate'

(3) Section 6(3)—delete subsection (3)

Amendment carried; clause as amended passed.

New clauses 12A, 12B, 12C, 12D and 12E.

Ms CHAPMAN: I move:

12A—Amendment of section 7—Administration of magistracy

Section 7(2)—delete subsection (2)

12B—Amendment of section 13—Remuneration of magistrates

Section 13(1)—delete 'and Deputy Chief Magistrate'

Part 6A—Amendment of Magistrates Court Act 1991

12C—Amendment of section 11—Chief Magistrate

Section 11(3)—delete 'the Deputy Chief Magistrate and, if both are absent, on'

12D—Amendment of section 49—Rules of Court

Section 49(2)—delete ', the Deputy Chief Magistrate'

Part 6B—Amendment of Remuneration Act 1990

12E—Amendment of section 13—Determination of remuneration of judges, magistrates and certain others

Section 13(h)—delete paragraph (h)

The amendment is newly minted from parliamentary counsel and purports to cover the amendments necessary to the Magistrates Act 1983, the Magistrates Court Act 1991 and the Remuneration Act 1990 to bring into effect the abolition of the position of Deputy Chief Magistrate. Firstly, can I place on the record my appreciation to parliamentary counsel to complete this work in such a short time, having of course viewed it, and the Attorney-General only having a short time to view it.

I present this amendment on the basis that, should it be necessary to attend to any other minor matters that may be identified by the Attorney or indeed parliamentary counsel to facilitate this request, then that can be attended to in another place. But it is on that basis that I present it, for all the reasons I outlined previously when we were considering clause 12 prior to the postponement.

The Hon. J.R. RAU: I thank the deputy leader for her assistance in relation to this matter and, yes, I endorse her remarks. We have obviously both not had very long to look at this. On the face of it, it looks to achieve what we were seeking to achieve, and it looks to be consistent with the Chief Magistrate's wishes. I am happy to support it on the basis that, in the event that it turns out there is some nuanced that nobody has yet picked up—and I am mindful of the fact that the deputy leader and I have only recently seen it—if something pops up, obviously both of us reserve our positions to offer other contributions in another place. On that basis, I am happy to support the amendment as filed.

The CHAIR: The Chair is happy that you are happy.

Ms CHAPMAN: Can I mention one thing for the record in this section, just so it is absolutely clear on both our moving of these amendments and the government's attempt to remodel, that there will be no interference with Dr Andrew Cannon's current position as Deputy Chief Magistrate and that, whatever we are doing here today, it is intended it will not interfere with the conclusion of his office.

The Hon. J.R. RAU: I am happy to go on the record to absolutely agree with that remark from the deputy leader. That is definitely not the government's intention.

New clauses inserted.

Clauses 15 to 22 passed.

Title.

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

Amendment No 2 [DepPrem–3]—

Long title—Before 'the Bail Act 1985' insert 'the Advance Care Directives Act 2013;'

Amendment carried.

Ms CHAPMAN: I move:

Amendment No 2 [Chapman–2]—

Long title—After 'the Magistrates Act 1983;' insert:

the Magistrates Court Act 1991; the Remuneration Act 1990;

Amendment carried.

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

Amendment No 5 [DepPrem–2]—

Long title—After 'Second-hand Dealers and Pawnbrokers Act 1996;' insert:

the South Australian Employment Tribunal Act 2014; the Spent Convictions Act 2009;

Amendment carried; title as amended passed.

Bill reported with amendment.

Third Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Industrial Relations, Minister for Child Protection Reform, Minister for the Public Sector, Minister for Consumer and Business Services, Minister for the City of Adelaide) (17:11): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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