2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Zed Seselja)
Courts (Judicial Appointments) Amendment Bill 2008

Contents
	Page

Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
Part 2	Magistrates Court Act 1930
	3	Legislation amended—pt 2	3
	4	New section 7AA	3
	5	New section 8AA	3
	6	New section 320A	4
	7	Dictionary, new definition of appropriate Legislative Assembly committee	4
Part 3	Supreme Court Act 1933
	8	Legislation amended—pt 3	5
	9	New section 4AA	5
	10	New section 40A	5
	11	New section 75	6
	12	Dictionary, new definition of appropriate Legislative Assembly committee	6

2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Zed Seselja)
Courts (Judicial Appointments) Amendment Bill 2008

A Bill for
An Act to amend the Magistrates Court Act 1930 and the Supreme Court Act 1933

    

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

Part 1	Preliminary
1	Name of Act
This Act is the Courts (Judicial Appointments) Amendment Act 2008.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Part 2	Magistrates Court Act 1930
3	Legislation amended—pt 2
This part amends the Magistrates Court Act 1930.
4	New section 7AA
before section 7A, insert
7AA	Consultation with Assembly committee—magistrates
	(1)	Before appointing a magistrate, the Executive must consult the appropriate Legislative Assembly committee (the committee). 
Note	Section 320A sets out what is the appropriate Legislative Assembly committee.
	(2)	The committee may make a recommendation to the Executive about the proposed appointment.
	(3)	The Executive must not make the appointment until the Executive has received a recommendation or 30 days have passed since the consultation took place, whichever happens first.
	(4)	In making the appointment, the Executive must have regard to any recommendation made by the committee.
5	New section 8AA
before section 8A, insert
8AA	Consultation with Assembly committee—special magistrates	
	(1)	Before appointing a special magistrate, the Executive must consult the appropriate Legislative Assembly committee (the committee).
Note	Section 320A sets out what is the appropriate Legislative Assembly committee.
	(2)	The committee may make a recommendation to the Executive about the proposed appointment.
	(3)	The Executive must not make the appointment until the Executive has received a recommendation or 30 days have passed since the consultation took place, whichever happens first.
	(4)	In making the appointment, the Executive must have regard to any recommendation made by the committee.
6	New section 320A
insert
320A	Appropriate Legislative Assembly committee
	(1)	The Speaker may nominate a standing committee of the Legislative Assembly to be the appropriate committee for this Act.
	(2)	If no nomination under subsection (1) is in effect, the appropriate committee is the standing committee of the Legislative Assembly responsible for the consideration of legal issues.
7	Dictionary, new definition of appropriate Legislative Assembly committee
insert
appropriate Legislative Assembly committee means the appropriate committee under section 320A.

Part 3	Supreme Court Act 1933 	
8	Legislation amended—pt 3
This part amends the Supreme Court Act 1933.
9	New section 4AA
before section 4A, insert
4AA	Consultation with Assembly committee—resident judges
	(1)	Before appointing a resident judge, the Executive must consult the appropriate Legislative Assembly committee (the committee).
Note	Section 75 sets out what is the appropriate Legislative Assembly committee.
	(2)	The committee may make a recommendation to the Executive about the proposed appointment.
	(3)	The Executive must not make the appointment until the Executive has received a recommendation or 30 days have passed since the consultation took place, whichever happens first.
	(4)	In making the appointment, the Executive must have regard to any recommendation made by the committee.
10	New section 40A
insert
40A	Consultation with Assembly committee—master
	(1)	Before appointing the master, the Executive must consult the appropriate Legislative Assembly committee (the committee).
Note	Section 75 sets out what is the appropriate Legislative Assembly committee.
	(2)	The committee may make a recommendation to the Executive about the proposed appointment.
	(3)	The Executive must not make the appointment until the Executive has received a recommendation or 30 days have passed since the consultation took place, whichever happens first.
	(4)	In making the appointment, the Executive must have regard to any recommendation made by the committee.
11	New section 75
insert
75	Appropriate Legislative Assembly committee
	(1)	The Speaker may nominate a standing committee of the Legislative Assembly to be the appropriate committee for this Act.
	(2)	If no nomination under subsection (1) is in effect, the appropriate committee is the standing committee of the Legislative Assembly responsible for the consideration of legal issues.
12	Dictionary, new definition of appropriate Legislative Assembly committee
insert
appropriate Legislative Assembly committee means the appropriate committee under section 75.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2008.
2	Notification
	Notified under the Legislation Act on	2008.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2008