Courts Legislation (Judicial Appointments and Other Amendments) Act 2005

i Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 PART 2—ACTING JUDICIAL APPOINTMENTS 3 Division 1—Acting Judges of the Supreme Court 3 3. Repeal of sections 80A and 81 of the Constitution Act 1975 3 4. New sections 80D and 80E inserted in the Constitution Act 1975 3 80D. Appointment of acting Judges 3 80E. Transitional provision—reserve Judges 7 5. Pensions 8 Division 2—Acting Judges of the County Court 8 6. New section 11 inserted in the County Court Act 1958 8 11. Appointment of acting judges 8 7. Repeal of sections 13A, 16 and 16A of the County Court Act 1958 12 8. Pensions 12 9. New section 90 inserted in the County Court Act 1958 13 90. Transitional provision—reserve judges 13 Division 3—Acting Magistrates 14 10. Appointment of magistrates 14 11. Section 9 of the Magistrates' Court Act 1989 substituted 14 9. Appointment of acting magistrates 14 12. Clause 11 in Schedule 1 to the Magistrates' Court Act 1989 substituted 16 13. Transitional provisions 18 -- 1 of 31 -- Section Page ii PART 3—SERVICE AS MASTER COUNTED FOR PENSION PURPOSES 19 14. Certain prior service to be counted for pension purposes for Judges of the Supreme Court 19 15. Certain prior service to be counted for pension purposes for judges of the County Court 19 PART 4—NON-CONSENSUAL MEDIATION AND COURT SECURITY 21 Division 1—Non-consensual Mediation under the Magistrates' Court Act 1989 21 16. Power to refer proceedings to mediation 21 Division 2—Court Security Act 1980 21 17. Definitions 21 18. Powers of authorized officers 22 PART 5—CONSEQUENTIAL AMENDMENTS 24 Division 1—Amendment of Judicial Remuneration Tribunal Act 1995 24 19. Functions of the Tribunal 24 20. Advisory opinions 24 21. Attorney-General's certificate 24 Division 2—Amendment of Judicial Salaries Act 2004 24 22. Salaries of judicial officers and remuneration of acting magistrates (2004–2005) 24 23. Salaries of other judicial officers and remuneration of acting magistrates (2005 onwards) 25 24. Allowances of judicial officers 26 25. New section 7A inserted 26 7A. Transitional—remuneration of acting magistrates before 1 May 2005 26 PART 6—AMENDMENT OF MAGISTRATES' COURT ACT 1989 28 26. Directions in, and authority of, penalty enforcement warrant 28 27. Enforcement orders 28 28. Other powers of the Court 28 ═══════════════ ENDNOTES 29 -- 2 of 31 -- 1 Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 † [Assented to 5 April 2005] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The purposes of this Act are— (a) to provide for acting judicial appointments to the Supreme Court, the County Court and the Magistrates' Court; Victoria No. 3 of 2005 -- 3 of 31 -- Part 1—Preliminary Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 2 (b) to enable service as a master to be counted in relation to pension entitlements for Supreme Court and County Court judges; (c) to enable the Magistrates' Court to refer civil proceedings to mediation without the consent of the parties; (d) to strengthen powers under the Court Security Act 1980 in relation to the search for, and seizure of, certain items and the removal of persons from court premises in certain circumstances; (e) to change certain references to $100 in the Magistrates' Court Act 1989 to a penalty unit within the meaning of the Sentencing Act 1991. 2. Commencement (1) This Act, except Parts 2 and 5, comes into operation on the day after the day on which it receives the Royal Assent. (2) Parts 2 and 5 come into operation on 1 May 2005. __________________ s. 2 -- 4 of 31 -- Part 2—Acting Judicial Appointments Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 3 PART 2—ACTING JUDICIAL APPOINTMENTS Division 1—Acting Judges of the Supreme Court 3. Repeal of sections 80A and 81 of the Constitution Act 1975 Sections 80A and 81 of the Constitution Act 1975 are repealed. 4. New sections 80D and 80E inserted in the Constitution Act 1975 After section 80C of the Constitution Act 1975 insert— '80D. Appointment of acting Judges (1) The Governor in Council may appoint as many acting Judges of the Court as are necessary for transacting the business of the Court. (2) A person is not eligible for appointment as an acting Judge unless he or she— (a) has not attained the age of 75 years and is or has been a judge or magistrate of— (i) the High Court of Australia or of a court created by the Parliament of the Commonwealth; or (ii) a court of Victoria or of another State or of the Northern Territory or the Australian Capital Territory; or See: Act No. 8750. Reprint No. 16 as at 8 April 2003 and amending Act Nos 2/2003, 37/2003, 39/2003, 66/2003, 110/2003, 38/2004 and 39/2004. LawToday: www.dms. dpc.vic. gov.au s. 3 -- 5 of 31 -- Part 2—Acting Judicial Appointments Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 4 (b) has not attained the age of 70 years and has been admitted to legal practice in Victoria, another State, the Northern Territory or the Australian Capital Territory, or has been enrolled as a legal practitioner of the High Court of Australia, for not less than 5 years. (3) The instrument of appointment of a person as an acting Judge must specify the terms and conditions of appointment. (4) The Attorney-General may from time to time, by notice in writing, require an acting Judge to undertake the duties of a Judge on a full time or sessional basis. (5) The Attorney-General does not have the power to revoke or amend a notice given under sub-section (4). (6) An acting Judge of the Court— (a) has the same powers and jurisdiction as a Judge of the Court; (b) is eligible for re-appointment as an acting Judge of the Court; (c) ceases to hold office— (i) at the end of 5 years from the date of his or her appointment; or (ii) on attaining the age of 70 years or, in the case of an acting Judge of the Court covered by sub-section (2)(a), 75 years— whichever is the sooner; (d) may only be removed from office in the same way and on the same grounds as a Judge of the Court is liable to be removed from office. s. 4 -- 6 of 31 -- Part 2—Acting Judicial Appointments Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 5 (7) Subject to sub-section (8), each acting Judge of the Court, required to undertake the duties of a Judge on a full time basis, shall be paid a salary at a rate no less than the rate for the time being applicable under the Judicial Salaries Act 2004 to the holder of that office on other than an acting basis. (8) If an acting Judge of the Court, who is required to undertake the duties of a Judge on a full time basis, is entitled to— (a) a non-contributory pension under a relevant Act within the meaning of section 16A of the State Superannuation Act 1988; or (b) because he or she has held a public office in another jurisdiction, a non- contributory pension under any other law— the amount of pension to which the acting Judge is entitled shall be deducted from the salary payable to that acting Judge under sub-section (7). (9) Subject to sub-section (10), each acting Judge of the Court, required to undertake the duties of a judge on a sessional basis, shall be paid the sessional rate for the time being applicable under the Judicial Salaries Act 2004 to the holder of that office. (10) An acting Judge of the Court who is required to undertake the duties of a Judge on a sessional basis and is entitled to— (a) a non-contributory pension under a relevant Act within the meaning of section 16A of the State Superannuation Act 1988; or s. 4 -- 7 of 31 -- Part 2—Acting Judicial Appointments Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 6 (b) because he or she has held a public office in another jurisdiction, a non- contributory pension under any other law— shall be paid a salary calculated in accordance with the following formula—       − 235 P S where— "S" means the sessional rate for the time being applicable under the Judicial Salaries Act 2004 to the acting Judge of the Court; "P" means the annual pension to which the acting Judge is entitled that is referred to in paragraph (a) or (b). (11) Each acting Judge of the Court shall be paid allowances at such rate or amount or of such kind as are for the time being applicable under the Judicial Salaries Act 2004. (12) Except as provided by section 83(6)(aa), service as an acting Judge of the Court does not count as service in the office of Judge of the Court for the purposes of section 83. (13) Except with the approval of the Attorney- General, an acting Judge of the Court must not engage in legal practice, undertake paid employment or conduct a business, trade or profession of any kind while undertaking the duties of a Judge. s. 4 -- 8 of 31 -- Part 2—Acting Judicial Appointments Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 7 (14) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— (a) the amounts payable under this section to acting Judges of the Court; and (b) premiums and other amounts payable under the Accident Compensation (WorkCover Insurance) Act 1993 in respect of those acting Judges; and (c) pay-roll tax payable under the Pay-roll Tax Act 1971 in respect of wages paid or payable to those acting Judges; and (d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to those acting Judges. 80E. Transitional provision—reserve Judges The repeal of section 80A by section 3 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 does not affect an election or appointment made under section 80A before the commencement of section 3 of that Act and a Judge who has made such an election or been so appointed and who holds the office of Judge immediately before that commencement continues in that office subject to section 80A as if section 80A had not been repealed.'. s. 4 -- 9 of 31 -- Part 2—Acting Judicial Appointments Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 8 5. Pensions Before section 83(6)(a) of the Constitution Act 1975 insert— "(aa) if any Judge or Master of the Court was immediately prior to his or her appointment— (i) an acting Judge of the Court; or (ii) an acting judge of the County Court— his or her service as acting Judge shall count as service in the office of Judge or Master of the Court (as the case may be);". Division 2—Acting Judges of the County Court 6. New section 11 inserted in the County Court Act 1958 After section 10 of the County Court Act 1958 insert— '11. Appointment of acting judges (1) The Governor in Council may appoint as many acting judges of the court as are necessary for transacting the business of the court. (2) A person is not eligible for appointment as an acting judge unless he or she— (a) has not attained the age of 75 years and is or has been a judge or magistrate of— (i) the High Court of Australia or of a court created by the Parliament of the Commonwealth; or s. 5 See: Act No. 6230. Reprint No. 11 as at 1 July 2004 and amending Act No. 107/1986. LawToday: www.dms. dpc.vic. gov.au -- 10 of 31 -- Part 2—Acting Judicial Appointments Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 9 (ii) a court of Victoria or of another State or of the Northern Territory or the Australian Capital Territory; or (b) has not attained the age of 70 years and has been admitted to legal practice in Victoria, another State, the Northern Territory or the Australian Capital Territory, or has been enrolled as a legal practitioner of the High Court of Australia, for not less than 5 years. (3) The instrument of appointment of a person as an acting judge must specify the terms and conditions of appointment. (4) The Attorney-General may from time to time, by notice in writing, require an acting judge to undertake the duties of a judge on a full time or sessional basis. (5) The Attorney-General does not have the power to revoke or amend a notice given under sub-section (4). (6) An acting judge of the court— (a) has the same powers and jurisdiction as a judge of the court; (b) is eligible for re-appointment as an acting judge of the court; (c) ceases to hold office— (i) at the end of 5 years from the date of his or her appointment; or (ii) on attaining the age of 70 years or, in the case of an acting judge of the court covered by sub-section (2)(a), 75 years— whichever is the sooner; s. 6 -- 11 of 31 -- Part 2—Acting Judicial Appointments Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 10 (d) may only be removed from office in the same way and on the same grounds as a judge of the court is liable to be removed from office. (7) Subject to sub-section (8), each acting judge of the court, required to undertake the duties of a judge on a full time basis, shall be paid a salary at a rate no less than the rate for the time being applicable under the Judicial Salaries Act 2004 to the holder of that office on other than an acting basis. (8) If an acting judge of the court, who is required to undertake the duties of a judge on a full time basis, is entitled to— (a) a non-contributory pension under a relevant Act within the meaning of section 16A of the State Superannuation Act 1988; or (b) because he or she has held a public office in another jurisdiction, a non- contributory pension under any other law— the amount of pension to which the acting judge is entitled shall be deducted from the salary payable to that acting judge under sub- section (7). (9) Subject to sub-section (10), each acting judge of the court, required to undertake the duties of a judge on a sessional basis, shall be paid the sessional rate for the time being applicable under the Judicial Salaries Act 2004 to the holder of that office. s. 6 -- 12 of 31 -- Part 2—Acting Judicial Appointments Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 11 (10) An acting judge of the court who is required to undertake the duties of a judge on a sessional basis and is entitled to— (a) a non-contributory pension under a relevant Act within the meaning of section 16A of the State Superannuation Act 1988; or (b) because he or she has held a public office in another jurisdiction, a non- contributory pension under any other law— shall be paid a salary calculated in accordance with the following formula—       − 235 P S where— "S" means the sessional rate for the time being applicable under the Judicial Salaries Act 2004 to the acting judge of the court; "P" means the annual pension to which the acting judge is entitled that is referred to in paragraph (a) or (b). (11) Each acting judge shall be paid allowances at such rate or amount or of such kind as are for the time being applicable under the Judicial Salaries Act 2004. (12) Except as provided by section 14(5)(aa), service as an acting judge of the court does not count as service in the office of judge of the court for the purposes of section 14. s. 6 -- 13 of 31 -- Part 2—Acting Judicial Appointments Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 12 (13) Except with the approval of the Attorney- General, an acting judge of the court must not engage in legal practice, undertake paid employment or conduct a business, trade or profession of any kind while undertaking the duties of a judge. (14) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— (a) the amounts payable under this section to acting judges of the court; and (b) premiums and other amounts payable under the Accident Compensation (WorkCover Insurance) Act 1993 in respect of those acting judges; and (c) pay-roll tax payable under the Pay-roll Tax Act 1971 in respect of wages paid or payable to those acting judges; and (d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to those acting judges.'. 7. Repeal of sections 13A, 16 and 16A of the County Court Act 1958 Sections 13A, 16 and 16A of the County Court Act 1958 are repealed. 8. Pensions Before section 14(5)(a) of the County Court Act 1958 insert— "(aa) if any judge or master under this Act was immediately prior to his or her appointment— (i) an acting judge of the court; or s. 7 -- 14 of 31 -- Part 2—Acting Judicial Appointments Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 13 (ii) an acting Judge of the Supreme Court— his or her service as acting judge shall count as service in the office of judge or master of the court (as the case may be);". 9. New section 90 inserted in the County Court Act 1958 After section 89 of the County Court Act 1958 insert— "90. Transitional provision—reserve judges The repeal of sections 13A, 16 and 16A by section 7 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 does not affect an election or appointment made under section 13A, 16 or 16A before the commencement of section 7 of that Act and a judge who has made such an election or been so appointed and who holds the office of judge immediately before that commencement continues in that office subject to section 13A, 16 or 16A (as the case may be) as if that section had not been repealed.". s. 9 -- 15 of 31 -- Part 2—Acting Judicial Appointments Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 14 Division 3—Acting Magistrates 10. Appointment of magistrates (1) After section 7(7) of the Magistrates' Court Act 1989 insert— "(7A) For the purposes of sub-section (7), if any magistrate, other than a Chief Magistrate appointed on or after 7 May 1996, was immediately prior to his or her appointment an acting magistrate, during that appointment he or she is an officer within the meaning of the State Superannuation Act 1988.". (2) After section 7(9) of the Magistrates' Court Act 1989 insert— "(10) Subject to sub-section (7A), this section does not apply to an acting magistrate.". 11. Section 9 of the Magistrates' Court Act 1989 substituted For section 9 of the Magistrates' Court Act 1989 substitute— "9. Appointment of acting magistrates (1) The Governor in Council may appoint as many acting magistrates as are necessary for transacting the business of the Court. (2) A person is not eligible for appointment as an acting magistrate unless he or she— (a) has not attained the age of 75 years and is or has been a judge or magistrate of— (i) the High Court of Australia or of a court created by the Parliament of the Commonwealth; or s. 10 See: Act No. 51/1989. Reprint No. 10 as at 13 October 2004 and amending Act Nos 27/2002, 80/2003 and 94/2003. LawToday: www.dms. dpc.vic. gov.au -- 16 of 31 -- Part 2—Acting Judicial Appointments Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 15 (ii) a court of Victoria or of another State or of the Northern Territory or the Australian Capital Territory; or (b) has not attained the age of 70 years and has been admitted to legal practice in Victoria, another State, the Northern Territory or the Australian Capital Territory, or has been enrolled as a legal practitioner of the High Court of Australia, for not less than 5 years. (3) The instrument of appointment of a person as an acting magistrate must specify the terms and conditions of appointment. (4) The Attorney-General may from time to time, by notice in writing, require an acting magistrate to undertake the duties of a magistrate on a full time or sessional basis. (5) The Attorney-General does not have the power to revoke or amend a notice given under sub-section (4). (6) An acting magistrate— (a) has the same powers and jurisdiction as a magistrate; (b) is eligible for re-appointment as an acting magistrate; (c) ceases to hold office— (i) at the end of 5 years from the date of his or her appointment; or (ii) on attaining the age of 70 years or, in the case of an acting magistrate covered by sub-section (2)(a), 75 years— whichever is the sooner; s. 11 -- 17 of 31 -- Part 2—Acting Judicial Appointments Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 16 (d) may only be removed from office in the same way and on the same grounds as a magistrate is liable to be removed from office. (7) Except as provided by section 7(7A), service as an acting magistrate does not count as service in the office of magistrate for the purposes of section 7(7). (8) Except with the approval of the Attorney- General, an acting magistrate must not engage in legal practice, undertake paid employment or conduct a business, trade or profession of any kind while undertaking the duties of a magistrate.". 12. Clause 11 in Schedule 1 to the Magistrates' Court Act 1989 substituted For clause 11 in Part 2 of Schedule 1 to the Magistrates' Court Act 1989 substitute— '11. Subject to clause 11A and clause 11B, an acting magistrate, while undertaking the duties of a magistrate, is entitled to be paid remuneration— (a) at the annual rate for the time being applicable under the Judicial Salaries Act 2004 to the holder of that office on other than an acting basis, if the acting magistrate is required to undertake the duties of a magistrate on a full time basis; or (b) at the rate per sitting day for the time being applicable under the Judicial Salaries Act 2004 to the holder of that office, if the acting magistrate is required to undertake the duties of a magistrate on a sessional basis. s. 12 -- 18 of 31 -- Part 2—Acting Judicial Appointments Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 17 11A. If an acting magistrate, who is required to undertake the duties of a magistrate on a full time basis, is entitled to— (a) a non-contributory pension under a relevant Act within the meaning of section 16A of the State Superannuation Act 1988; or (b) because he or she has held a public office in another jurisdiction, a non-contributory pension under any other law— the amount of pension to which the acting magistrate is entitled shall be deducted from the remuneration payable to that acting magistrate under clause 11(a). 11B. An acting magistrate who is required to undertake the duties of a magistrate on a sessional basis and is entitled to— (a) a non-contributory pension under a relevant Act within the meaning of section 16A of the State Superannuation Act 1988; or (b) because he or she has held a public office in another jurisdiction, a non-contributory pension under any other law— shall receive remuneration calculated in accordance with the following formula—       − 235 P S where— "S" means the rate per sitting day for the time being applicable under the Judicial Salaries Act 2004 to the acting magistrate; "P" means the annual pension to which the acting magistrate is entitled that is referred to in paragraph (a) or (b). 11C. Each acting magistrate shall be paid allowances at such rate or amount or of such kind as are for the time being applicable under the Judicial Salaries Act 2004.'. s. 12 -- 19 of 31 -- Part 2—Acting Judicial Appointments Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 18 13. Transitional provisions At the end of Schedule 8 to the Magistrates' Court Act 1989 insert— "32. The substitution of section 9 of this Act made by section 11 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 does not affect an appointment made under section 9 as in force immediately before the commencement of section 11 of that Act and a magistrate who has been so appointed and who holds the office of acting magistrate immediately before that commencement continues in that office subject to section 9 as if section 9 had not been substituted. 33. The substitution of clause 11 in Part 2 of Schedule 1 to this Act made by section 12 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 does not affect the remuneration of an acting magistrate applicable immediately before the commencement of section 12 of that Act and an acting magistrate who receives remuneration under clause 11 immediately before that commencement continues to receive remuneration during the period of his or her appointment as if clause 11 had not been substituted.". __________________ s. 13 -- 20 of 31 -- Part 3—Service as Master Counted for Pension Purposes Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 19 PART 3—SERVICE AS MASTER COUNTED FOR PENSION PURPOSES 14. Certain prior service to be counted for pension purposes for Judges of the Supreme Court (1) In section 83(4)(ia) of the Constitution Act 1975, for "sub-section (6)(ba)" substitute "sub-section (6)(ac) or (6)(ba)". (2) After section 83(6)(ab) of the Constitution Act 1975 insert— "(ac) if any Judge of the Court was immediately prior to his or her appointment— (i) a Master of the Court; or (ii) a master of the County Court or of a court of another State, the Northern Territory or the Australian Capital Territory, other than a Magistrates' Court or equivalent court— his or her service as such shall count as service in the office of Judge of the Court;". 15. Certain prior service to be counted for pension purposes for judges of the County Court (1) In section 14(3A)(ab) of the County Court Act 1958, after "sub-section (5)(ac)" insert "or (5)(ad)". (2) After section 14(5)(ac) of the County Court Act 1958 insert— "(ad) if any judge under this Act was immediately prior to his or her appointment— (i) a master of the court; or (ii) a Master of the Supreme Court or a master of a court of another State, the Northern Territory or the Australian s. 14 -- 21 of 31 -- Part 3—Service as Master Counted for Pension Purposes Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 20 Capital Territory, other than the Magistrates' Court or equivalent court— his or her service as such shall count as service in the office of judge under this Act;". __________________ s. 15 -- 22 of 31 -- Part 4—Non-consensual Mediation and Court Security Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 21 PART 4—NON-CONSENSUAL MEDIATION AND COURT SECURITY Division 1—Non-consensual Mediation under the Magistrates' Court Act 1989 16. Power to refer proceedings to mediation In section 108(1) of the Magistrates' Court Act 1989, for "With the consent of the parties and subject to and in accordance with the Rules, the Court may" substitute "Subject to and in accordance with the Rules, the Court may, with or without the consent of the parties,". Division 2—Court Security Act 1980 17. Definitions (1) In section 2 of the Court Security Act 1980, after the definition of "offensive weapon" insert— ' "prohibited item" means— (a) a firearm; or (b) an explosive substance; or (c) an offensive weapon; or (d) an item that is likely to affect adversely the security, good order or management of the court premises;'. (2) At the end of section 2 of the Court Security Act 1980 insert— '(2) A reference in this Act to "the security, good order or management of the court premises" includes— (a) the safety of all persons who work at or attend the court premises; s. 16 See: Act No. 9499. Reprint No. 2 as at 23 October 1997 and amending Act No. 10/2004. LawToday: www.dms. dpc.vic. gov.au -- 23 of 31 -- Part 4—Non-consensual Mediation and Court Security Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 22 (b) the safety and welfare of all persons in custody at the court premises; (c) the good order or management of legal proceedings or other business conducted at the court premises.'. 18. Powers of authorized officers (1) For section 3(3) of the Court Security Act 1980 substitute— "(3) Subject to any limitations or restrictions provided by the rules, an authorized officer may require a person who wishes to enter the court premises, or is on the court premises— (a) to submit to a frisk search or a search of any thing in the person's possession; (b) to submit to a scanning search of his or her person or of any thing in the person's possession; (c) to surrender to the authorized officer any item that the authorized officer believes on reasonable grounds is a prohibited item.". (2) For sections 3(6), 3(7), 3(8) and 3(9) of the Court Security Act 1980 substitute— "(6) An authorized officer, who during a search finds a prohibited item or to whom a prohibited item is surrendered, may seize and retain that prohibited item in accordance with this section. (7) A prohibited item (other than a firearm, an explosive substance or an offensive weapon) that is surrendered by a person in compliance with a requirement under sub-section (3)(c) must be retained by the authorized officer until— s. 18 -- 24 of 31 -- Part 4—Non-consensual Mediation and Court Security Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 23 (a) the person requests the item's return; or (b) the expiration of 28 days after the item was surrendered— whichever happens first. (8) Despite anything to the contrary in this section, if— (a) a surrendered or seized prohibited item is a firearm, an explosive substance or an offensive weapon whose possession would constitute an offence under the Crimes Act 1958, the Control of Weapons Act 1990 or this Act, the chief executive officer or a clerk of the court must ensure that the item is given to a member of the police force within 24 hours after the item is surrendered or seized; (b) a surrendered or seized prohibited item is not an item referred to in paragraph (a) and is not collected within 28 days after it was surrendered or seized, the chief executive officer or a clerk of the court may destroy the item or sell the item and retain the proceeds of the item's sale. (9) An authorized officer may refuse a person entry to the court premises or remove a person from the court premises if the authorized person believes on reasonable grounds that the person is likely to affect adversely the security, good order or management of the court premises. (10) A person must not refuse to comply with a requirement under sub-section (3). Penalty: 10 penalty units.". __________________ s. 18 -- 25 of 31 -- Part 5—Consequential Amendments Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 24 PART 5—CONSEQUENTIAL AMENDMENTS Division 1—Amendment of Judicial Remuneration Tribunal Act 1995 19. Functions of the Tribunal In section 11(1)(c) of the Judicial Remuneration Tribunal Act 1995, for "office" substitute "office, acting judges". 20. Advisory opinions After section 11A(2) of the Judicial Remuneration Tribunal Act 1995 insert— "(3) The Attorney-General may refer any matter relating to the remuneration or conditions of service of acting judges to the Tribunal for an advisory opinion.". 21. Attorney-General's certificate (1) In section 15(1)(a) of the Judicial Remuneration Tribunal Act 1995, for "office" substitute "office, acting judges". (2) In section 15(1)(b) of the Judicial Remuneration Tribunal Act 1995, after "office" insert "or acting judges". Division 2—Amendment of Judicial Salaries Act 2004 22. Salaries of judicial officers and remuneration of acting magistrates (2004–2005) (1) In section 4(2)(b) of the Judicial Salaries Act 2004, for "2004" substitute "2004; and". (2) After section 4(2)(b) of the Judicial Salaries Act 2004 insert— "(c) at the rate of $710 per sitting day with effect on and from 1 May 2005.". See: Act No. 22/1995 and amending Act Nos 46/1998, 1/2000, 4/2002, 31/2004 and 38/2004. LawToday: www.dms. dpc.vic. gov.au s. 19 See: Act No. 38/2004. LawToday: www.dms. dpc.vic. gov.au -- 26 of 31 -- Part 5—Consequential Amendments Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 25 (3) After section 4(2) of the Judicial Salaries Act 2004 insert— "(3) An acting Judge of the Supreme Court, required to undertake the duties of a Judge on a sessional basis, is entitled to be paid remuneration at the rate of $1025 per sitting day. (4) An acting judge of the County Court, required to undertake the duties of a judge on a sessional basis, is entitled to be paid remuneration at the rate of $888 per sitting day.". 23. Salaries of other judicial officers and remuneration of acting magistrates (2005 onwards) (1) After section 6(2) of the Judicial Salaries Act 2004 insert— "(2A) With effect on and from 1 July 2005 an acting Judge of the Supreme Court, required to undertake the duties of a Judge on a sessional basis, is entitled to be paid from time to time remuneration at the rate per sitting day that bears, in relation to the annual salary of a Supreme Court Judge, the same proportion as the sitting day rate of an acting Judge of the Supreme Court bore to the annual salary of a Supreme Court Judge in the period commencing on 1 May 2005 and ending on 30 June 2005. (2B) With effect on and from 1 July 2005 an acting judge of the County Court, required to undertake the duties of a judge on a sessional basis, is entitled to be paid from time to time remuneration at the rate per sitting day that bears, in relation to the annual salary of a judge of the County Court (other than the Chief Judge), the same proportion as the s. 23 -- 27 of 31 -- Part 5—Consequential Amendments Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 26 sitting day rate of an acting judge of the County Court bore to the annual salary of such a judge in the period commencing on 1 May 2005 and ending on 30 June 2005.". (2) In section 6(3) of the Judicial Salaries Act 2004 for "financial year 2004/2005" substitute "period commencing on 1 May 2005 and ending on 30 June 2005". 24. Allowances of judicial officers At the end of section 7 of the Judicial Salaries Act 2004 insert— "(2) In this section, a reference to the holder of a judicial office specified in column 1 of the Table in section 4(1) includes a reference to a person who holds a judicial office as— (a) an acting Judge of the Supreme Court; or (b) an acting judge of the County Court; or (c) an acting magistrate.". 25. New section 7A inserted After section 7 of the Judicial Salaries Act 2004 insert— "7A. Transitional—remuneration of acting magistrates before 1 May 2005 The amendment of section 4(2) by section 22(2) of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 does not affect the remuneration of an acting magistrate applicable immediately before the commencement of section 22 of that Act and an acting magistrate who receives remuneration under section 4(2) immediately before that commencement continues to s. 24 -- 28 of 31 -- Part 5—Consequential Amendments Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 27 receive remuneration during the period of his or her appointment as if section 4(2) had not been amended.". __________________ s. 25 -- 29 of 31 -- Part 6—Amendment of Magistrates' Court Act 1989 Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 28 PART 6—AMENDMENT OF MAGISTRATES' COURT ACT 1989 26. Directions in, and authority of, penalty enforcement warrant In section 82D(1)(c)(iii)(A) of the Magistrates' Court Act 1989, for "each $100 or part of $100" substitute "each penalty unit or part of a penalty unit". 27. Enforcement orders In clause 5(1)(a) in Schedule 7 to the Magistrates' Court Act 1989, for "each $100 or part of $100" substitute "each penalty unit or part of a penalty unit". 28. Other powers of the Court In clause 24(2)(a) in Schedule 7 to the Magistrates' Court Act 1989, for "each $100 or part of $100" substitute "each penalty unit or part of a penalty unit". ═══════════════ s. 26 -- 30 of 31 -- Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 Act No. 3/2005 29 ENDNOTES † Minister's second reading speech— Legislative Assembly: 3 November 2004 Legislative Council: 22 March 2005 The long title for the Bill for this Act was "to amend the Constitution Act 1975, the County Court Act 1958, the Magistrates' Court Act 1989, the Court Security Act 1980, the Judicial Remuneration Tribunal Act 1995 and the Judicial Salaries Act 2004 to provide for acting judicial appointments and for other purposes." Constitution Act 1975: Absolute majorities: Legislative Assembly: 24 February 2005 Legislative Council: 24 March 2005 Endnotes -- 31 of 31 --