Courts Legislation (Amendment) Act 2003

i Courts Legislation (Amendment) Act 2003 Act No. 39/2003 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 PART 2—JUDICIAL PENSIONS 3 3. Service counting for pension purposes as service as Supreme Court Judge 3 4. Service counting for pension purposes as service as County Court Judge 4 PART 3—AMENDMENT TO MAGISTRATES' COURT ACT 1989 6 5. Fixed term appointment of Deputy Chief Magistrates 6 6. Diversion program 6 7. Supreme Court—limitation of jurisdiction 7 8. PERIN—Powers of Court 7 9. Validation 7 10. Transitional provision 8 ═══════════════ ENDNOTES 9 -- 1 of 10 -- 1 Courts Legislation (Amendment) Act 2003 † [Assented to 11 June 2003] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The purposes of this Act are— (a) to amend the Constitution Act 1975 and the County Court Act 1958 with respect to the recognition for pension purposes of certain prior service of persons appointed as judges; and Victoria No. 39 of 2003 -- 2 of 10 -- Part 1—Preliminary Courts Legislation (Amendment) Act 2003 Act No. 39/2003 2 (b) to amend the Magistrates' Court Act 1989— (i) to provide for fixed term appointment of Deputy Chief Magistrates; and (ii) to clarify the operation of adjournments to undertake diversion programs and other powers of the Court. 2. Commencement (1) This Act (except Part 2) comes into operation on the day after the day on which it receives the Royal Assent. (2) Part 2 is deemed to have come into operation on 1 May 2003. __________________ s. 2 -- 3 of 10 -- Part 2—Judicial Pensions Courts Legislation (Amendment) Act 2003 Act No. 39/2003 3 PART 2—JUDICIAL PENSIONS 3. Service counting for pension purposes as service as Supreme Court Judge (1) In section 83(1)(a) of the Constitution Act 1975— (a) in sub-paragraph (ii) for "years—" substitute "years; or"; (b) after sub-paragraph (ii) insert— "(iii) in the case of a Judge to whom sub- section (6)(ba) applies who was appointed as a Judge of the Court after the commencement of section 18 of the Judicial Remuneration Tribunal Act 1995 but who before that commencement had service that, by force of that sub-section, counts as service in the office of Judge of the Court, the age of 60 years—". (2) After section 83(4)(i) of the Constitution Act 1975 insert— "(ia) shall be diminished by the amount of any pension to which he or she is entitled under the law of the Commonwealth or of another State or of the Northern Territory or the Australian Capital Territory, being a pension for which he or she qualified because of service that, by force of sub-section (6)(ba), was or could have been counted as service in the office of Judge of the Court; and". s. 3 See: Act No. 8750. Reprint No. 16 as at 8 April 2003. LawToday: www.dms. dpc.vic. gov.au -- 4 of 10 -- Part 2—Judicial Pensions Courts Legislation (Amendment) Act 2003 Act No. 39/2003 4 (3) After section 83(6)(b) of the Constitution Act 1975 insert— "(ba) if any Judge of the Court was immediately prior to his or her appointment— (i) a judge of the High Court of Australia or of a court created by the Parliament of the Commonwealth, other than the Federal Magistrates Court; or (ii) a judge of a court of another State or of the Northern Territory or the Australian Capital Territory, other than a Magistrates' Court or equivalent court— his or her service as such a judge shall count as service in the office of Judge of the Court;". 4. Service counting for pension purposes as service as County Court Judge (1) In section 14(2)(a) of the County Court Act 1958— (a) in sub-paragraph (ii) for "years—" substitute "years; or"; (b) after sub-paragraph (ii) insert— "(iii) in the case of a judge to whom sub- section (5)(ac) applies who was appointed as a judge after the commencement of section 23 of the Judicial Remuneration Tribunal Act 1995 but who before that commencement had service that, by force of that sub-section, counts as service in the office of judge under this Act, the age of 60 years—". s. 4 See: Act No. 6230. Reprint No. 10 as at 27 September 2001 and amending Act Nos 107/1986, 4/2002 and 11/2002. LawToday: www.dms. dpc.vic. gov.au -- 5 of 10 -- Part 2—Judicial Pensions Courts Legislation (Amendment) Act 2003 Act No. 39/2003 5 (2) After section 14(3A)(a) of the County Court Act 1958 insert— "(ab) shall be diminished by the amount of any pension to which he or she is entitled under the law of the Commonwealth or of another State or of the Northern Territory or the Australian Capital Territory, being a pension for which he or she qualified because of service that, by force of sub-section (5)(ac), was or could have been counted as service in the office of judge under this Act; and". (3) After section 14(5)(ab) of the County Court Act 1958 insert— "(ac) if any judge under this Act was immediately prior to his or her appointment— (i) a judge of the High Court of Australia or of a court created by the Parliament of the Commonwealth, other than the Federal Magistrates Court; or (ii) a judge of a court of another State or of the Northern Territory or the Australian Capital Territory, other than a Magistrates' Court or equivalent court— his or her service as such a judge shall count as service in the office of judge under this Act;". __________________ s. 4 -- 6 of 10 -- Part 3—Amendment to Magistrates' Court Act 1989 Courts Legislation (Amendment) Act 2003 Act No. 39/2003 6 PART 3—AMENDMENT TO MAGISTRATES' COURT ACT 1989 5. Fixed term appointment of Deputy Chief Magistrates After section 7(2) of the Magistrates' Court Act 1989 insert— "(2A) A Deputy Chief Magistrate appointed on or after the commencement of section 5 of the Courts Legislation (Amendment) Act 2003 holds office for a term not exceeding 5 years specified in the instrument of appointment, but is eligible for reappointment.". 6. Diversion program (1) For section 128A(1) of the Magistrates' Court Act 1989 substitute— "(1) This section does not apply to— (a) an offence punishable by a minimum or fixed sentence or penalty, including cancellation or suspension of a licence or permit to drive a motor vehicle but not including the incurring of demerit points under the Road Safety Act 1986 or regulations made under that Act; or (b) an offence under section 49(1) of the Road Safety Act 1986 not referred to in paragraph (a).". s. 5 See: Act No. 51/1989. Reprint No. 8 as at 24 April 2002 and amending Act Nos 2/2001, 2/2002, 23/2002, 26/2002, 27/2002, 35/2002, 37/2002 and 47/2002. LawToday: www.dms. dpc.vic. gov.au -- 7 of 10 -- Part 3—Amendment to Magistrates' Court Act 1989 Courts Legislation (Amendment) Act 2003 Act No. 39/2003 7 (2) After section 128A(6) of the Magistrates' Court Act 1989 insert— "(7) This section does not affect the incurring of demerit points under the Road Safety Act 1986 or regulations made under that Act.". 7. Supreme Court—limitation of jurisdiction After section 139A(2) of the Magistrates' Court Act 1989 insert— "(3) It is the intention of clause 29 of Schedule 7 as affected by clause 28(4) of that Schedule to alter or vary section 85 of the Constitution Act 1975.". 8. PERIN—Powers of Court In clause 24(1) of Schedule 7 to the Magistrates' Court Act 1989— (a) in paragraph (c), for "23(4)." substitute "23(4); or"; (b) after paragraph (c) insert— "(d) is not satisfied that it can act under clause 23(1).". 9. Validation After clause 28(3) of Schedule 7 to the Magistrates' Court Act 1989 insert— "(4) An order made or purported to have been made under clause 24(2) before the commencement of section 8 of the Courts Legislation (Amendment) Act 2003 has, and is deemed always to have had, the same force and effect as it would have had if it had been made after the commencement of section 8 of that Act.". s. 7 -- 8 of 10 -- Part 3—Amendment to Magistrates' Court Act 1989 Courts Legislation (Amendment) Act 2003 Act No. 39/2003 8 10. Transitional provision After clause 28 of Schedule 8 to the Magistrates' Court Act 1989 insert— "29. The amendments made to this Act by section 6 of the Courts Legislation (Amendment) Act 2003 apply with respect to a proceeding for an offence, whether the offence is alleged to have been committed before or after the commencement of that section.". ═══════════════ s. 10 -- 9 of 10 -- Courts Legislation (Amendment) Act 2003 Act No. 39/2003 9 ENDNOTES † Minister's second reading speech— Legislative Assembly: 1 May 2003 Legislative Council: 3 June 2003 The long title for the Bill for this Act was "to amend the Constitution Act 1975 and the County Court Act 1958 with respect to the recognition for pension purposes of certain prior service of persons appointed as judges, to amend the Magistrates' Court Act 1989 and for other purposes." Constitution Act 1975: Section 85(5) statement: Legislative Assembly: 1 May 2003 Legislative Council: 3 June 2003 Absolute majorities: Legislative Assembly: 22 May 2003 Legislative Council: 5 June 2003 Endnotes -- 10 of 10 --