2018
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Courts and Other Justice Legislation Amendment Bill 2018 (No 2)

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	ACT Civil and Administrative Tribunal Act 2008
	4	Term of appointment
Section 98 (3)	3
Part 3	Court Procedures Act 2004
	5	New sections 11BB to 11BD	4
	6	Section 11C	5
	7	New section 11E	6
Part 4	Director of Public Prosecutions Act 1990
	8	Appointment
Section 22 (5)	7
Part 5	Magistrates Court Act 1930
	9	Conditions of appointment of magistrates
New section 7C (2) and (3)	8
	10	Term of appointment of magistrates
Section 7D	8
	11	New section 7D (3) to (5)	8
Part 6	Supreme Court Act 1933
	12	Seniority of judges
New section 5 (3A)	10
	13	Section 41	10
	14	Extension of master’s term of appointment
Section 41A	10

2018
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Courts and Other Justice Legislation Amendment Bill 2018 (No 2)

A Bill for
An Act to amend legislation about courts, and for other purposes

    

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

Part 1	Preliminary
1	Name of Act
This Act is the Courts and Other Justice Legislation Amendment Act 2018 (No 2).
2	Commencement
This Act commences on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 3	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
3	Legislation amended
This Act amends the following legislation:
·	ACT Civil and Administrative Tribunal Act 2008
·	Court Procedures Act 2004
·	Director of Public Prosecutions Act 1990
·	Magistrates Court Act 1930
·	Supreme Court Act 1933.

Part 2	ACT Civil and Administrative Tribunal Act 2008
4	Term of appointment
Section 98 (3)
substitute
	(3)	However, a person must not be appointed as president under section 94 (1) (a), or as temporary president under section 94 (2) (a), for a term that extends beyond the date when the person turns 70 years old.

Part 3	Court Procedures Act 2004
5	New sections 11BB to 11BD
insert
11BB	Leave of absence
The Attorney-General may grant leave of absence to the principal registrar on the conditions about remuneration and otherwise that the Attorney-General decides.
11BC	Principal registrar must not do other work
The principal registrar must not, without the Attorney-General’s consent, do either of the following:
	(a)	practise as a legal practitioner;
	(b)	have other paid employment.
11BD	Disclosure of interests
The principal registrar must give written notice to the Attorney‑General of all direct or indirect financial interests that the principal registrar has or acquires—
	(a)	in a business, whether in the ACT or elsewhere; or
	(b)	in a corporation carrying on a business mentioned in paragraph (a).
6	Section 11C
substitute
11C	Ending principal registrar’s appointment
	(1)	The Executive may end the appointment of a person as principal registrar for—
	(a)	misbehaviour; or
	(b)	physical or mental incapacity, if the incapacity substantially affects the exercise of the person’s functions; or
	(c)	failing to comply with section 11BC (Principal registrar must not do other work).
	(2)	The Executive must end the person’s appointment if the person—
	(a)	becomes bankrupt or personally insolvent; or
Note	Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.
	(b)	is convicted, or found guilty, in the ACT of an offence punishable by imprisonment for at least 1 year; or
Note	Found guilty—see the Legislation Act, dictionary, pt 1.
	(c)	is convicted, or found guilty, outside the ACT of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for at least 1 year; or
	(d)	is absent, other than on leave granted under section 11BB, for 14 consecutive days or for 28 days in any 12‑month period; or
	(e)	fails, without reasonable excuse, to comply with the person’s obligations under section 11BD.
Note	A person’s appointment also ends if the person resigns (see Legislation Act, s 210).
7	New section 11E
in part 2A, insert
11E	Consultants
	(1)	The principal registrar may, on behalf of the Territory, engage consultants to, or to perform services for, the principal registrar.
	(2)	Consultants must be engaged on written terms and conditions decided by the principal registrar that are approved by the Attorney‑General.
	(3)	However, the principal registrar must not enter into a contract of employment under this section.

Part 4	Director of Public Prosecutions Act 1990
8	Appointment
Section 22 (5)
omit
65 years
substitute
70 years

Part 5	Magistrates Court Act 1930
9	Conditions of appointment of magistrates
New section 7C (2) and (3)
insert
	(2)	A person’s appointment as a magistrate is taken to be on a full-time basis unless the instrument of appointment states that the appointment is on a part-time basis.
	(3)	A magistrate may, by written agreement with the Chief Magistrate, and with the approval of the Attorney-General—
	(a)	if the magistrate is appointed on a full-time basis—arrange to work on a part-time basis; or
	(b)	if the magistrate is appointed on a part-time basis—arrange to work on a full-time basis.
10	Term of appointment of magistrates
Section 7D
omit
65 years
substitute
70 years
11	New section 7D (3) to (5)
insert
	(3)	Subsection (1) applies to an appointment whether made before, on or after the commencement day.
	(4)	Subsection (3), this subsection and subsection (5) expire 12 months after the commencement day.
	(5)	In this section:
commencement day means the day the Courts and Other Justice Legislation Amendment Act 2018 (No 2), part 5 commences.

Part 6	Supreme Court Act 1933
12	Seniority of judges
New section 5 (3A)
insert
	(3A)	The resident judges, additional judges and acting judges are senior to the associate judge.
13	Section 41
substitute
41	Term of appointment of master
The master is appointed for the term ending when the master turns 70 years old.
14	Extension of master’s term of appointment
Section 41A
omit

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 2 August 2018.
2	Notification
	Notified under the Legislation Act on	2018.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2018