Constitution (Supreme Court) Act 2001

i Constitution (Supreme Court) Act 2001 Act No. 12/2001 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 PART 2—AMENDMENTS TO THE CONSTITUTION ACT 1975 3 3. Additional Judges of Trial Division 3 80C. Additional Judges of Trial Division 3 4. Statute law revision 4 PART 3—AMENDMENTS TO THE SUPREME COURT ACT 1986 5 5. New section 13A inserted 5 13A. When additional Trial Division Judge must not sit on hearing of new trial 5 6. Statute law revision 5 PART 4—AMENDMENT TO THE MAGISTRATES' COURT ACT 1989 6 7. Amendment of regulation-making powers 6 PART 5—AMENDMENTS TO THE MAGISTRATES' COURT (INFRINGEMENTS) ACT 2000 7 8. Commencement to be able to occur on different days 7 9. Expiry of enforcement orders 7 10. Changes concerning imprisonment 8 11. Amendments to transitional provisions 9 ═══════════════ ENDNOTES 11 -- 1 of 12 -- 1 Constitution (Supreme Court) Act 2001 † [Assented to 22 May 2001] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The main purposes of this Act are— (a) to make provision for the temporary assignment of Judges of Appeal as additional Judges of the Trial Division of the Supreme Court; and (b) to broaden the regulation-making powers under the Magistrates' Court Act 1989 in respect of certain warrants; and Victoria No. 12 of 2001 -- 2 of 12 -- Act No. 12/2001 Constitution (Supreme Court) Act 2001 2 (c) to make miscellaneous amendments to the Magistrates' Court (Infringements) Act 2000. 2. Commencement (1) This Act (except section 6) comes into operation on the day after the day on which it receives the Royal Assent. (2) Section 6 is deemed to have come into operation on 1 January 2000. _______________ s. 2 -- 3 of 12 -- Act No. 12/2001 Constitution (Supreme Court) Act 2001 3 PART 2—AMENDMENTS TO THE CONSTITUTION ACT 1975 3. Additional Judges of Trial Division After section 80B of the Constitution Act 1975 insert— "80C. Additional Judges of Trial Division (1) If the Chief Justice, with the concurrence of the President of the Court of Appeal, determines that a Judge of Appeal should act as an additional Judge of the Trial Division for a period, not exceeding 6 months, the President must nominate a Judge of Appeal to act as a Judge of the Trial Division and, if that Judge is willing, the Judge may act as an additional Judge of the Trial Division for that period. (2) If— (a) the Chief Justice, with the concurrence of the President of the Court of Appeal, determines that it is expedient that a specified Judge of Appeal should act as an additional Judge of the Trial Division in a specified proceeding before the Trial Division; and (b) the Judge of Appeal is willing to act as an additional Judge of the Trial Division in that proceeding— the Judge may act as an additional Judge of the Trial Division for the purposes of the proceeding. (3) A Judge of Appeal who, under this section, has acted as an additional Judge of the Trial Division may attend the Trial Division for s. 3 See: Act No. 8750/1975. Reprint No. 14 as at 1 July 2000. LawToday: www.dms. dpc.vic. gov.au -- 4 of 12 -- Act No. 12/2001 Constitution (Supreme Court) Act 2001 4 the purposes of giving judgment in, or otherwise completing, any proceeding heard by the Trial Division while the Judge so acted, notwithstanding that the Judge is no longer an additional Judge of the Trial Division.". 4. Statute law revision In section 84(4) of the Constitution Act 1975 omit "Division 3 of Part VIII of the Community Welfare Services Act 1970 or". _______________ s. 4 -- 5 of 12 -- Act No. 12/2001 Constitution (Supreme Court) Act 2001 5 PART 3—AMENDMENTS TO THE SUPREME COURT ACT 1986 5. New section 13A inserted After section 13 of the Supreme Court Act 1986 insert— "13A. When additional Trial Division Judge must not sit on hearing of new trial A Judge of Appeal acting as an additional Judge of the Trial Division must not sit on the hearing of a new trial ordered by the Court if the Judge was one of the Judges that constituted the Court of Appeal that ordered the new trial.". 6. Statute law revision In section 33G of the Supreme Court Act 1986 for "representative" substitute "group". _______________ s. 5 See: Act No. 110/1986. Reprint No. 3 as at 1 August 1998 and amending Act Nos 101/1998, 10/1999, 62/1999, 51/2000, 74/2000 and 78/2000. LawToday: www.dms. dpc.vic. gov.au -- 6 of 12 -- Act No. 12/2001 Constitution (Supreme Court) Act 2001 6 PART 4—AMENDMENT TO THE MAGISTRATES' COURT ACT 1989 7. Amendment of regulation-making powers In section 140(1) of the Magistrates' Court Act 1989, after paragraph (b) insert— "(ba) without limiting any power to make regulations conferred by any other paragraph, the fees, costs and charges payable in respect of— (i) the issue or execution; or (ii) the amendment, alteration or variation; or (iii) the supply of a duplicate copy— of a warrant to seize property issued for the enforcement of an order made by the Court in a civil proceeding; and". _______________ See: Act No. 51/1989. Reprint No. 6 as at 1 July 1999 and amending Act Nos 35/1999, 1/2000, 49/2000, 51/2000, 53/2000, 69/2000, 74/2000, 92/2000, 98/2000 and 99/2000. LawToday: www.dms. dpc.vic. gov.au s. 7 -- 7 of 12 -- Act No. 12/2001 Constitution (Supreme Court) Act 2001 7 PART 5—AMENDMENTS TO THE MAGISTRATES' COURT (INFRINGEMENTS) ACT 2000 8. Commencement to be able to occur on different days In section 2 of the Magistrates' Court (Infringements) Act 2000, for sub-sections (2) and (3) substitute— "(2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in sub-section (2) does not come into operation before 1 July 2001, it comes into operation on that day.". 9. Expiry of enforcement orders (1) In section 11 of the Magistrates' Court (Infringements) Act 2000, for proposed clauses 14A and 14B substitute— "14A. Expiry of enforcement orders (1) An enforcement order expires— (a) if an order is made under clause 7(1) in relation to the enforcement order— (i) on the payment in full of the fine; or (ii) if one or more payments are made under the order but the fine is not paid in full, 5 years after the receipt of the last payment; or (iii) in any other case, 5 years after the making of the order under clause 7(1); (b) if a penalty enforcement warrant has been issued in respect of the order, on that warrant becoming void under section 58(2); (c) in any other case, 5 years after the order was made. (2) If both sub-clauses (1)(a) and (b) apply, the enforcement order expires on the penalty See: Act No. 99/2000. LawToday: www.dms. dpc.vic. gov.au s. 8 -- 8 of 12 -- Act No. 12/2001 Constitution (Supreme Court) Act 2001 8 enforcement warrant becoming void under section 58(2). (3) If an enforcement order expires as a result of this clause, any amount still outstanding in respect of the fine for which it was made ceases to be enforceable or recoverable. (4) On the expiry of an enforcement order, any warrant to seize property that was issued in respect of that order is void. (5) An enforcement order that has expired may be reinstated by the registrar on the application of the enforcement agency. (6) Despite sub-clause (3), if an enforcement order is reinstated, the fine in respect of which it was made again becomes enforceable or recoverable as if there had been no cessation. (7) Sub-clause (1) does not apply to a reinstated enforcement order. (8) A reinstated enforcement order expires 5 years after it was reinstated. (9) Despite anything to the contrary in this clause, an enforcement order does not expire if— (a) the person against whom the order is made is a body corporate; and (b) the order is registered by a reciprocating court (as defined by section 98); and (c) the fine has not been paid in full. (10) This clause does not apply to an enforcement order in respect of which a warrant has been issued under the Service and Execution of Process Act 1992 of the Commonwealth.". 10. Changes concerning imprisonment In section 13 of the Magistrates' Court (Infringements) Act 2000— (a) for proposed clause 21(1)(a) and (2)(a) substitute— s. 10 -- 9 of 12 -- Act No. 12/2001 Constitution (Supreme Court) Act 2001 9 "(a) a person is arrested and delivered to the officer in charge of a prison or police gaol under a penalty enforcement warrant; and"; (b) in proposed clause 21(1)(b)(ii), for "lodged at the gaol" substitute "delivered to the officer in charge"; (c) in proposed clause 22(2), for "lodged at the gaol" substitute "delivered to the officer in charge of the prison or police gaol"; (d) in proposed clause 22(2)(b), for "lodged at the gaol" substitute "delivered to the officer in charge"; (e) proposed clause 24(3) is repealed; (f) for proposed clause 27(4) substitute— "(4) Despite anything to the contrary in section 64(2), after arresting a person under this clause, the sheriff must, as soon as is practicable after the arrest, either— (a) bring the person before the Court; or (b) deliver the person to the officer in charge of a prison or police gaol. (4A) A person delivered to the officer in charge of a prison or police gaol under sub-clause (4)(b) must be brought before the Court as soon as is practicable.". 11. Amendments to transitional provisions In section 14 of the Magistrates' Court (Infringements) Act 2000, for proposed clause 24 substitute— "24. If the operation of clause 23 would result in an enforcement order expiring before the date section 11 of the Magistrates' Court (Infringements) Act 2000 came into operation, the order expires on that date. 25. Despite clauses 23 and 24, if an application to have an application for the revocation of an enforcement order referred to the Court under clause 10(6) of Schedule 7 s. 11 -- 10 of 12 -- Act No. 12/2001 Constitution (Supreme Court) Act 2001 10 was pending immediately before section 11 of the Magistrates' Court (Infringements) Act 2000 came into operation, the order remains in force until the registrar refuses the application for referral or, if the referral is made, until the Court revokes or refuses to revoke the order.". ═══════════════ s. 11 -- 11 of 12 -- Act No. 12/2001 Constitution (Supreme Court) Act 2001 11 ENDNOTES † Minister's second reading speech— Legislative Assembly: 1 March 2001 Legislative Council: 1 May 2001 The long title for the Bill for this Act was "to amend the Constitution Act 1975, the Supreme Court Act 1986, the Magistrates' Court Act 1989 and the Magistrates' Court (Infringements) Act 2000 and for other purposes." Constitution Act 1975: Legislative Assembly: 4 April 2001 Legislative Council: 15 May 2001 Endnotes -- 12 of 12 --