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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2015-12-08 Daily Xml
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Bills

Statutes Amendment (Youth Court) Bill

Final Stages

The House of Assembly has disagreed to amendments Nos 1 to 5 and made alternative amendments in lieu thereof as indicated in the following schedule:

No.1 Clause 4, page 3, line 14 [clause 4, inserted section 9(1)(a)]—

Delete 'Judge' and substitute 'Senior Magistrate'

No.2 Clause 4, page 3, line 15 [clause 4, inserted section 9(1)(b)]—

Before 'magistrates' first occurring insert 'Other'

No.3 Clause 4, page 4, line 3 [clause 4, inserted section 10(1)]—

Delete 'Judge' and substitute 'Senior Magistrate'

No.4 Clause 4, page 4, lines 4 to 7 (inclusive) [clause 4, inserted section 10(2)]—

Delete subsection (2) and substitute:

(2) The Senior Magistrate of the Court is a magistrate designated by proclamation as the Senior Magistrate of the Court.

No.5 Clause 4, page 4, lines 8 to 10 (inclusive) [clause 4, inserted section 10(3)]—

Delete subsection (3) and substitute:

(3) A proclamation designating a person as the Senior Magistrate of the Court must—

(a) state a term (not exceeding 5 years) for which he or she is to be the Senior Magistrate; and

(b) classify the Senior Magistrate as a member of the Court's principal judiciary (being a member who is to be occupied predominantly in the Court).

No.6 Clause 4, page 4, lines 11 to 13 [clause 4, inserted section 10(4)]—

Delete subsection (4) and substitute:

(4) At the expiration of a term of office, a person—

(a) may be designated by subsequent proclamation as the Senior Magistrate of the Court for a further term (not exceeding 5 years) stated in the proclamation; and

(b) if so designated, must be classified in the proclamation as a member of the Court's principal judiciary.

No.7 Clause 4, page 4, lines 16 and 17 [clause 4, inserted section 10(6)]—

Delete 'Judge' wherever occurring and substitute in each case 'Senior Magistrate'

No.8 Clause 4, page 4, line 20 [clause 4, inserted section 10(7)]—

Delete 'Judge' and substitute 'Senior Magistrate'

No.9 Clause 4, page 4, lines 22 to 25 (inclusive) [clause 4, inserted section 10(8)]—

Delete subsection (8) and substitute:

(8) In the absence of the Senior Magistrate of the Court from official duties as the principal judicial officer of the Court, responsibility for administration of the Court devolves on the most senior of the magistrates of the Court who is a member of the Court's principal judiciary and is available to assume that responsibility.

No.10 Clause 4, page 4, lines 26 to 29 [clause 4, inserted section 10(9)]—Delete subsection (9)

No.11 Clause 4, page 4, line 30 [clause 4, inserted section 10(10)]—

Delete 'Judge of the Court may (if he or she is not the Chief Magistrate)' and substitute 'Senior Magistrate of the Court may'

No.12 Clause 4, page 4, lines 33 to 41 [clause 4, inserted section 10(11)]—

Delete subsection (11) and substitute:

(11) The Remuneration Tribunal may determine that the Senior Magistrate of the Court's salary or allowances as a magistrate will have an additional component on account of holding office under this Act.

(12) Any salary or allowances payable as an additional component of remuneration under subsection (11) cannot be reduced during the person's term of office as Senior Magistrate of the Court.

No.13 Clause 5, page 5, line 3—Delete 'Judge' and substitute 'Senior Magistrate'

No.14 Clause 6, page 5, line 6—Delete 'Judge' and substitute 'Senior Magistrate'

No.15 Clause 7, page 5, line 9 [clause 7(1)]—

Delete 'Judge of the Court or a' and substitute 'Senior Magistrate of the Court or another'

No.16 Clause 7, page 5, lines 13 and 14 [clause 7(2)]—

Delete 'Judge of the Court nor a' and substitute 'Senior Magistrate of the Court nor another'

No.17 Clause 7, page 5, line 22 [clause 7(4)]—Delete 'the Judge of the Court or'

No.18 Clause 8, page 5, line 25—Delete 'Judge' and substitute 'Senior Magistrate'

No.19 Clause 9, page 5, lines 30 to page 6, line 9 [clause 9(2), inserted subsection (2)]—

Delete subsection (2) and substitute:

(2) The appeal lies—

(a) if the judgment is given by the Senior Magistrate of the Court or any other magistrate—

(i) in the case of an action relating to a major indictable offence—to the Full Court of the Supreme Court; or

(ii) in the case of any other judgment (including an interlocutory judgment)—to the Supreme Court constituted of a single Judge; or

(b) if the judgment (including an interlocutory judgement) is given by a special justice—to the Supreme Court constituted of a single Judge.

No.20 Clause 9, page 6, line 11 [clause 9(3)]—Delete '(2)(b)(ii)' and substitute '(2)(a)(i)'

No.21 Clause 10, page 6, line 14—Delete 'Judge' and substitute 'Senior Magistrate'

No.22 Clause 13, page 6, line 38 [clause 13(1)]—Delete 'Judge' and substitute 'Senior Magistrate'

No.23 Clause 13, page 7, line 2 [clause 13(2)]—Delete 'Judge' and substitute 'Senior Magistrate'

No.24 Clause 14, page 7, line 6—Delete 'the Judge of the Court or'

No.25 Clause 15, page 7, line 10—Delete 'Judge' and substitute 'Senior Magistrate'

No.26 Clause 17, page 7, line 24 [clause 17(3)]—Delete 'the Judge of the Court or'

No.27 Clause 19, page 7, line 36 [clause 19(1)]—Delete 'the Judge of the Court or'

No.28 Clause 21, page 8, line 7—Delete 'the Judge of the Court or'

No.29 Clause 22, page 8, line 9—Delete all words in line 9 and substitute:

Section 29(1)—delete 'Judge' and substitute 'Magistrate'

No.30 New Part, page 8, after line 9—After Part 5 insert:

Part 5A—Amendment of Cross-border Justice Act 2009

22A—Amendment of section 7—Interpretation

Section 7(1), definition of prescribed court, (a)(ii)—delete 'other than when constituted by or so as to include a judge'

No.31 Clause 23, page 8, line 13—Delete 'the Judge of the Court or'

No.32 Clause 24, page 8, line 17—Delete 'the Judge of the Court or'

No.33 Clause 25, page 8, line 20—Delete 'the Judge of the Court or'

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