Australian Capital Territory
Court Legislation Amendment Act 2006
A2006-55
    
Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
Part 2	Coroners Act 1997
	3	Legislation amended—pt 2	3
	4	Contempt
Section 88	3
	5	New section 99A	3
Part 3	Court Procedures Act 2004
	6	Legislation amended—pt 3	5
	7	Remission, refund, deferral, waiver and exemption of fees
Section 15 (2) (d) (iii)	5
	8	Schedule 1, item 24	5
Part 4	Justice and Community Safety Legislation Amendment Act 2006
	9	Legislation amended—pt 4	6
	10	Schedule 2, part 2.23 (Magistrates Court Act 1930), amendment 2.129, new section 9B (4)	6
Part 5	Magistrates Court Act 1930
	11	Legislation amended—pt 5	7
	12	Offences against Act—application of Criminal Code etc
Section 3A	7
	13	Constitution of court
New section 4 (4) to (6)	7
	14	Appeals to which div 3.10.2 applies
Section 208 (1) (b)	7
	15	Section 208 (1) (d)	8
	16	Appeals by way of orders to review
Section 219B (1) (f)	8
	17	Contempt in face of court
Section 290	8
	18	New section 307	8
	19	Section 309	9
	20	Section 311	11

Australian Capital Territory
Court Legislation Amendment Act 2006
A2006-55

An Act to amend various legislation about courts

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Court Legislation Amendment Act 2006.
2	Commencement
This Act (other than part 4) commences on the day after its notification day.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	Part 4 commences on the commencement of the uncommenced law, the Justice and Community Safety Legislation Amendment Act 2006, sch 2, pt 2.23 (Magistrates Court Act 1930), which is 1 January 2007 (see Legislation Act, s 79A (Commencement of amendment of uncommenced law)).

Part 2	Coroners Act 1997
3	Legislation amended—pt 2
This part amends the Coroners Act 1997.
4	Contempt
Section 88
omit
5	New section 99A
in part 10, insert
99A	Contempt of Coroner’s Court
	(1)	A person is in contempt of the Coroner’s Court if the person—
	(a)	contravenes an order of the court or an undertaking given to the court; or
	(b)	commits a contempt in the face or in the hearing of the court; or
	(c)	commits any other contempt of court.
Examples—par (b)
1	insulting a coroner, the registrar or deputy registrar of the court, or any other court officer during the officer’s sitting or attendance in court
2	interrupting a proceeding of the court or misbehaving in court
3	obstructing or assaulting someone in attendance in court
4	disobeying a direction of the court at the hearing of a proceeding
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	The Coroner’s Court has the same power to deal with contempt of the Coroner’s Court as the Supreme Court has to deal with contempt of the Supreme Court.
	(3)	However, a contempt mentioned in subsection (1) (a) may be dealt with as a contempt of court only if there is no other effective way to enforce the order or undertaking.
	(4)	To remove any doubt, this section does not limit the Supreme Court’s power to deal with contempt of the Coroner’s Court.

Part 3	Court Procedures Act 2004
6	Legislation amended—pt 3
This part amends the Court Procedures Act 2004.
7	Remission, refund, deferral, waiver and exemption of fees
Section 15 (2) (d) (iii)
omit
8	Schedule 1, item 24
substitute
24	Contempt of court
contempt of court, including, for example, the following:
	(a)	contempt of the court as constituted other than by a judge or magistrate;
	(b)	proceedings for failure to comply with orders, other than orders to pay an amount

Part 4	Justice and Community Safety Legislation Amendment Act 2006
9	Legislation amended—pt 4
This part amends the Justice and Community Safety Legislation Amendment Act 2006.
10	Schedule 2, part 2.23 (Magistrates Court Act 1930), amendment 2.129, new section 9B (4)
omit

Part 5	Magistrates Court Act 1930
11	Legislation amended—pt 5
This part amends the Magistrates Court Act 1930.
12	Offences against Act—application of Criminal Code etc
Section 3A
omit
13	Constitution of court
New section 4 (4) to (6)
insert
	(4)	The rules may provide for the jurisdiction of the court otherwise exercisable by a magistrate to be exercised by the registrar, in the cases and subject to the conditions prescribed under the rules.
	(5)	For the purposes of the exercise of jurisdiction given to the registrar under the rules, this Act has effect, subject to this section, as if the court consisted of the magistrates and the registrar.
	(6)	In this section:
registrar includes deputy registrar.
14	Appeals to which div 3.10.2 applies
Section 208 (1) (b)
substitute
	(b)	an appeal, by the person convicted, from a conviction for an offence dealt with by the Magistrates Court under this Act, part 3.6 (Proceedings for offences punishable summarily) or part 3.7 (Service and pleading by post for certain offences) or under the Crimes Act, section 375;
15	Section 208 (1) (d)
omit
section 290,
16	Appeals by way of orders to review
Section 219B (1) (f)
substitute
	(f)	a sentence or penalty imposed by the Magistrates Court for an offence dealt with by that court under this Act, section 90A, part 3.6 or part 3.7 or under the Crimes Act, section 375.
17	Contempt in face of court
Section 290
omit
18	New section 307
in part 5.2, insert
307	Contempt of court
	(1)	A person is in contempt of the Magistrates Court if the person—
	(a)	contravenes an order of the court or an undertaking given to the court; or
	(b)	commits a contempt in the face or in the hearing of the court; or
	(c)	commits any other contempt of court.
Examples—par (b)
1	insulting a magistrate, the registrar, deputy registrar, bailiff or other court officer during the officer’s sitting or attendance in court
2	interrupting a proceeding of the court or misbehaving in court
3	obstructing or assaulting someone in attendance in court
4	disobeying a direction of the court at the hearing of a proceeding
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	The Magistrates Court has the same power to deal with contempt of the Magistrates Court as the Supreme Court has to deal with contempt of the Supreme Court.
	(3)	However, a contempt mentioned in subsection (1) (a) may be dealt with as a contempt of court only if there is no other effective way to enforce the order or undertaking.
	(4)	To remove any doubt, this section does not limit the Supreme Court’s power to deal with contempt of the Magistrates Court.
19	Section 309
substitute
309	Directions about procedure etc
	(1)	If the procedure for taking a step in a proceeding is not set out in this Act or the law under which the step is to be taken, the court may give a direction in relation to—
	(a)	the procedure to be followed in relation to the step; and
	(b)	any other relevant matter in relation to the step.
	(2)	Without limiting subsection (1), the court may give a direction in relation to the procedure to be followed in relation to circle sentencing for certain Aboriginal or Torres Strait Islander offenders, and any other relevant matter in relation to circle sentencing.
	(3)	To remove any doubt, a direction mentioned in subsection (2) is not taken to—
	(a)	establish a court; or
	(b)	limit the Magistrates Court’s discretion in sentencing an offender.
	(4)	In this section:
Aboriginal or Torres Strait Islander offender means an offender who—
	(a)	is a descendant of an Aboriginal person or Torres Strait Islander; and
	(b)	identifies as an Aboriginal person or Torres Strait Islander; and
	(c)	is accepted as an Aboriginal person or Torres Strait Islander by an Aboriginal or Torres Strait Islander community.
circle sentencing means the step in a sentencing proceeding for involving members of the Aboriginal or Torres Strait Islander community and others in relation to the sentencing by the court.
20	Section 311
substitute
311	Appearance by audiovisual or audio links etc
	(1)	This section applies if, in relation to a proceeding or a part of a proceeding (the relevant proceeding), the court has—
	(a)	given a direction under the Evidence (Miscellaneous Provisions) Act 1991, section 20 (1) (Territory courts may take evidence and submissions from outside ACT); or
	(b)	made an order under the Court Procedures Rules 2006, rule 6703 (Evidence by telephone etc) about receiving evidence or submissions by telephone, video link or another form of communication in the proceeding.
	(2)	If this section applies, a person who, in a relevant proceeding—
	(a)	is required or entitled to appear personally, whether as a party or as a witness; or
	(b)	is entitled to appear for another person;
may appear in the relevant proceeding and participate or give evidence in accordance with the direction or order.
	(3)	A person who appears in a relevant proceeding in accordance with this section is taken to be before the court.
	(4)	In this Act:
appearance, in relation to a proceeding and whether by a party or anyone else, includes appearance in accordance with this section if this section applies.
	(5)	In this section:
proceeding does not include a proceeding about bail.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 23 November 2006.
2	Notification
	Notified under the Legislation Act on 18 December 2006.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Court Legislation Amendment Bill 2006, which was passed by the Legislative Assembly on 12 December 2006. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2006