Courts and Other Justice Legislation Amendment
Act 2013
No. 68 of 2013
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1
2
1
Purposes
Commencement
1
2
PART 2—AMENDMENT OF COURTS LEGISLATION
4
Division 1—Court Security Act 1980
4
3
Definitions
4
Division 2—Magistrates' Court Act 1989—Assessment and
Referral Court List
4
5
6
7
Assessment and Referral Court List
Adjournment of proceeding in Assessment and Referral Court
List
Transfer of proceedings to and from Assessment and Referral
Court List
New clause 53 inserted into Schedule 8
53
Transitional—Courts and Other Justice Legislation
Amendment Act 2013
Division 3—Magistrates' Court Act 1989—Bail Justices
8
New section 124AC inserted
124AC Validation of acts and decisions of certain bail justices
Division 4—Supreme Court Act 1986
9
10
Restriction on appeals
New section 153 inserted
153
Transitional—Courts and Other Justice Legislation
Amendment Act 2013
Division 5—County Court Act 1958
11
5
5
5
5
6
6
6
6
6
8
8
8
8
9
Provision for pensions to County Court judges and their partners
i
9
Section
Page
PART 3—AMENDMENT OF OTHER JUSTICE LEGISLATION
10
Division 1—Births, Deaths and Marriages Registration Act 1996
10
12
13
14
Application to register change of adult's name
Application to register change of child's name
New section 64 inserted
64
Transitional—Courts and Other Justice Legislation
Amendment Act 2013
Division 2—Legal Profession Act 2004
15
10
11
12
12
12
Legal Costs Committee
12
Division 3—Police Regulation Act 1958
13
16
17
Preliminary investigation
Annual report of Chief Commissioner
Division 4—Terrorism (Community Protection) Act 2003
18
Review
20
21
13
13
Division 5—Amendment of other Acts—references to Federal
Magistrates Court updated
19
13
13
Australian Crime Commission (State Provisions)
Act 2003
Definitions—Co-operative Schemes (Administrative
Actions) Act 2001
Definitions—Corporations (Administrative Actions)
Act 2001
14
14
15
15
PART 4—REPEALS
16
Division 1—Courts Legislation (Neighbourhood Justice Centre)
Act 2006
16
22
Courts Legislation (Neighbourhood Justice Centre)
Act 2006 repealed
Division 2—Repeal of amending Act
23
Repeal of amending Act
═══════════════
ENDNOTES
16
16
16
17
ii
Victoria
Courts and Other Justice Legislation
Amendment Act 2013†
No. 68 of 2013
[Assented to 19 November 2013]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purposes
The main purposes of this Act are—
(a) to amend the Births, Deaths and Marriages
Registration Act 1996 in relation to change
of name applications;
(b) to amend the Court Security Act 1980 in
relation to the definition of court premises;
1
Courts and Other Justice Legislation Amendment Act 2013
No. 68 of 2013
s. 2
Part 1—Preliminary
(c) to amend the Legal Profession Act 2004 in
relation to nominations to the Legal Costs
Committee;
(d) to amend the Magistrates' Court Act 1989
in relation to the Assessment and Referral
Court List and to validate the exercise of
powers by bail justices;
(e) to amend the Police Regulation Act 1958 to
update references to the Police Appeals
Board and provide for the exercise of
functions of that Board;
(f) to amend the Supreme Court Act 1986 in
relation to appeals to the Court of Appeal to
set aside statutory demands under the
Corporations Act;
(g) to amend the Terrorism (Community
Protection) Act 2003 to postpone a review
of that Act;
(h) to repeal the Courts Legislation
(Neighbourhood Justice Centre) Act 2006;
(i) to amend other Acts to update redundant
references to the Federal Magistrates Court.
2 Commencement
(1) This Part, Divisions 3 and 4 of Part 3 and Part 4
come into operation on the day on which this Act
receives the Royal Assent.
(2) Division 3 of Part 2 is taken to have come into
operation on 1 August 2013.
(3) Subject to subsection (4), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
2
Courts and Other Justice Legislation Amendment Act 2013
No. 68 of 2013
Part 1—Preliminary
(4) If a provision referred to in subsection (3) does
not come into operation before 1 October 2014, it
comes into operation on that day.
__________________
3
s. 2
Courts and Other Justice Legislation Amendment Act 2013
No. 68 of 2013
s. 3
Part 2—Amendment of Courts Legislation
PART 2—AMENDMENT OF COURTS LEGISLATION
Division 1—Court Security Act 1980
3 Definitions
See:
Act No.
9499.
Reprint No. 3
as at
7 August
2013.
LawToday:
www.
legislation.
vic.gov.au
In section 2(1) of the Court Security Act 1980,
for the definition of court premises substitute—
"court premises means—
(a) any premises occupied in connection
with the operations of a court,
including—
(i) the precincts and immediate
environs of those premises,
adjacent car parks, adjacent
footpaths and laneways between
or abutting court premises; and
(ii) court buildings and the exit and
entry points and steps to those
buildings; or
(b) any other place, limited to where a
court is, for the time being, constituted
and performing the functions or
exercising the powers of that court or in
connection with court operations,
including any area in the immediate
vicinity of that place;".
4
Courts and Other Justice Legislation Amendment Act 2013
No. 68 of 2013
Part 2—Amendment of Courts Legislation
s. 4
Division 2—Magistrates' Court Act 1989—Assessment and
Referral Court List
4 Assessment and Referral Court List
Section 4S(3)(a) of the Magistrates' Court Act
1989 is repealed.
5 Adjournment of proceeding in Assessment and
Referral Court List
(1) In section 4V(3)(a) of the Magistrates' Court
Act 1989, before "approve" insert "subject to
subsection (5),".
(2) After section 4V(4) of the Magistrates' Court
Act 1989 insert—
"(5) The Court must take a formal plea from the
accused before approving an individual
support plan under subsection (3)(a).".
6 Transfer of proceedings to and from Assessment
and Referral Court List
In section 4X(2) of the Magistrates' Court Act
1989—
(a) for "accused—" substitute "accused pleads
not guilty.";
(b) paragraphs (a) and (b) are repealed.
5
See:
Act No.
51/1989.
Reprint No. 17
as at
1 May 2013
and
amending
Act Nos
51/1989,
51/2006,
12/2010,
30/2013,
31/2013,
32/2013 and
56/2015.
LawToday:
www.
legislation.
vic.gov.au
Courts and Other Justice Legislation Amendment Act 2013
No. 68 of 2013
s. 7
Part 2—Amendment of Courts Legislation
7 New clause 53 inserted into Schedule 8
After clause 52 of Schedule 8 to the Magistrates'
Court Act 1989 insert—
"53 Transitional—Courts and Other Justice
Legislation Amendment Act 2013
(1) Despite the amendment of section 4V by the
Courts and Other Justice Legislation
Amendment Act 2013, section 4V, as in
force immediately before the commencement
of section 5 of that Act, continues to apply to
a proceeding that is in the Assessment and
Referral List immediately before that
commencement.
(2) Despite the amendment of section 4X(2) by
the Courts and Other Justice Legislation
Amendment Act 2013, section 4X(2), as in
force immediately before the commencement
of section 6 of that Act, continues to apply to
a proceeding that is in the Assessment and
Referral List immediately before that
commencement.".
Division 3—Magistrates' Court Act 1989—Bail Justices
8 New section 124AC inserted
After section 124AB of the Magistrates' Court
Act 1989 insert—
"124AC Validation of acts and decisions of certain
bail justices
(1) This section applies to any person whose
appointment as a bail justice has expired
under clause 46(1)(a) or (b) of Schedule 8.
(2) If, on or before 1 August 2013, a person to
whom this section applies performed or
purported to perform any act or made or
purported to make any decision under this
6
Courts and Other Justice Legislation Amendment Act 2013
No. 68 of 2013
Part 2—Amendment of Courts Legislation
Act or any other Act (whether in purported
exercise of a power to act as a bail justice
appointed under section 120A or reappointed
under section 120C or by virtue of holding
the office of bail justice), that act or decision
is not invalid, and is taken never to have
been invalid, by reason only of—
(a) the expiry of the person's appointment
under clause 46(1)(a) or (b) of
Schedule 8, as the case requires; or
(b) the lack of appointment of the person as
a bail justice under section 120A or the
lack of reappointment as a bail justice
under section 120C.
(3) Any act performed or purported to be
performed or decision made or purported to
be made on or before 1 August 2013 by a
person to whom this section applies is taken
to have, and always to have had, the same
force and effect as it would have had if the
person had been appointed as a bail justice
under section 120A or reappointed as a bail
justice under section 120C, as the case
requires, when—
(a) the act was performed or purported to
be performed; or
(b) the decision was made or purported to
be made.".
7
s. 8
Courts and Other Justice Legislation Amendment Act 2013
No. 68 of 2013
s. 9
Part 2—Amendment of Courts Legislation
Division 4—Supreme Court Act 1986
9 Restriction on appeals
See:
Act No.
110/1986.
Reprint No. 7
as at
1 January
2011
and
amending
Act Nos
110/1986,
50/2011,
26/2012,
68/2012,
80/2012 and
5/2013.
LawToday:
www.
legislation.
vic.gov.au
(1) After section 17A(3B) of the Supreme Court Act
1986 insert—
"(3C) An order made by the Trial Division
constituted by a Judge of the Court or
constituted by an Associate Judge on an
application under section 459G of the
Corporations Act to set aside a statutory
demand is not subject to appeal to the Court
of Appeal except—
(a) by leave of the Court of Appeal; or
(b) by leave of the Judge of the Court or
the Associate Judge constituting the
Trial Division.".
(2) After section 17A(4B) of the Supreme Court Act
1986 insert—
"(4C) Subsection (4)(b) does not apply to an
application referred to in subsection (3C).".
10 New section 153 inserted
After section 152 of the Supreme Court Act
1986 insert—
"153 Transitional—Courts and Other Justice
Legislation Amendment Act 2013
Section 17A(3C) does not apply in respect of
an application under section 459G of the
Corporations Act to set aside a statutory
demand if the application was commenced
before the commencement of section 9 of the
Courts and Other Justice Legislation
Amendment Act 2013.".
8
Courts and Other Justice Legislation Amendment Act 2013
No. 68 of 2013
Part 2—Amendment of Courts Legislation
s. 11
Division 5—County Court Act 1958
11 Provision for pensions to County Court judges and
their partners
In section 14(5)(ac)(i) of the County Court Act
1958 for "Federal Magistrates Court" substitute
"Federal Circuit Court of Australia".
__________________
9
See:
Act No.
6230.
Reprint No. 15
as at
1 May 2013
and
amending
Act Nos
6230 and
28/2013.
LawToday:
www.
legislation.
vic.gov.au
Courts and Other Justice Legislation Amendment Act 2013
No. 68 of 2013
s. 12
Part 3—Amendment of Other Justice Legislation
PART 3—AMENDMENT OF OTHER JUSTICE
LEGISLATION
Division 1—Births, Deaths and Marriages Registration
Act 1996
12 Application to register change of adult's name
See:
Act No.
43/1996.
Reprint No. 3
as at
1 July 2011.
LawToday:
www.
legislation.
vic.gov.au
For section 25(1) of the Births, Deaths and
Marriages Registration Act 1996 substitute—
"(1) An adult person may apply to the Registrar
in the approved form for registration of a
change of the person's name if—
(a) the person's birth is registered in
Victoria; or
(b) the person—
(i) was born outside Australia; and
(ii) is a person whose birth is not
registered in Victoria or another
State or a Territory; and
(iii) has been ordinarily resident in
Victoria for at least 12 months
immediately before the
application is made.
(1A) The Registrar may waive the 12 month
requirement under subsection (1)(b)(iii) if
the Registrar is satisfied that—
(a) the change of name is sought for the
purpose of the protection of the
applicant or a child of the applicant; or
(b) the applicant has legally married and
wishes to change to the applicant's
married name.".
10
Courts and Other Justice Legislation Amendment Act 2013
No. 68 of 2013
Part 3—Amendment of Other Justice Legislation
13 Application to register change of child's name
For section 26(1) of the Births, Deaths and
Marriages Registration Act 1996 substitute—
"(1) The parents of a child may apply to the
Registrar in the approved form for
registration of a change of the child's name
if—
(a) the child's birth is registered in
Victoria; or
(b) the child—
(i) was born outside Australia; and
(ii) is a child whose birth is not
registered in Victoria or another
State or a Territory; and
(iii) has been ordinarily resident in
Victoria for at least 12 months
immediately before the
application is made.
(1A) The Registrar may waive the 12 month
requirement under subsection (1)(b)(iii) if
the Registrar is satisfied that—
(a) the change of name is sought for the
purpose of the protection of the child,
the applicant or another child of the
applicant; or
(b) the applicants have legally married and
wish the child to change to the married
name of both applicants.
(1B) The 12 month requirement under subsection
(1)(b)(iii) is waived if the Court has
approved the proposed change of name for a
child under subsection (4).".
11
s. 13
Courts and Other Justice Legislation Amendment Act 2013
No. 68 of 2013
s. 14
Part 3—Amendment of Other Justice Legislation
14 New section 64 inserted
After section 63 of the Births, Deaths and
Marriages Registration Act 1996 insert—
"64 Transitional—Courts and Other Justice
Legislation Amendment Act 2013
(1) Despite the amendment of section 25 by the
Courts and Other Justice Legislation
Amendment Act 2013, section 25, as in
force before the commencement of
section 12 of that Act, continues to apply in
respect of any application for a change of
name made before that commencement.
(2) Despite the amendment of section 26 by the
Courts and Other Justice Legislation
Amendment Act 2013, section 26, as in
force before the commencement of
section 13 of that Act, continues to apply in
respect of any application for a change of a
child's name made before that
commencement.".
Division 2—Legal Profession Act 2004
15 Legal Costs Committee
See:
Act No.
99/2004.
Reprint No. 4
as at
1 July 2011
and
amending
Act Nos
36/2011,
15/2012,
20/2012 and
21/2012.
LawToday:
www.
legislation.
vic.gov.au
In section 3.4.25(1) of the Legal Profession Act
2004—
(a) in paragraph (a), after "Judge of the Supreme
Court" insert ", Associate Judge of the
Supreme Court or reserve Judge of the
Supreme Court";
(b) in paragraph (ab), after "another judge of the
County Court" insert ", associate judge of
the County Court or reserve judge of the
County Court".
12
Courts and Other Justice Legislation Amendment Act 2013
No. 68 of 2013
Part 3—Amendment of Other Justice Legislation
s. 16
Division 3—Police Regulation Act 1958
16 Preliminary investigation
(1) In section 70(4) of the Police Regulation Act
1958, for "Chairperson of the Appeals" substitute
"PRS".
(2) In section 70(5) of the Police Regulation Act
1958, for "Chairperson may give the extension if
he or she" substitute "PRS Board may give the
extension if it".
(3) After section 70(5) of the Police Regulation Act
1958 insert—
See:
Act No.
6338.
Reprint No. 15
as at
1 July 2013
and
amending
Act Nos
77/2012 and
55/2013.
LawToday:
www.
legislation.
vic.gov.au
"(6) A function of the PRS Board under this
section may be exercised by the President or
a Deputy President.".
17 Annual report of Chief Commissioner
In section 86AB(1)(a) of the Police Regulation
Act 1958, for "Appeals" substitute "PRS".
Division 4—Terrorism (Community Protection) Act 2003
18 Review
In section 38(1) and (2) of the Terrorism
(Community Protection) Act 2003, for "2013"
substitute "2014".
13
See:
Act No.
7/2003.
Reprint No. 3
as at
1 March 2013.
LawToday:
www.
legislation.
vic.gov.au
Courts and Other Justice Legislation Amendment Act 2013
No. 68 of 2013
s. 19
Part 3—Amendment of Other Justice Legislation
Division 5—Amendment of other Acts—references to
Federal Magistrates Court updated
See:
Act No.
52/2003.
Reprint No. 1
as at
1 February
2008
and
amending
Act No.
68/2009.
LawToday:
www.
legislation.
vic.gov.au
19 Australian Crime Commission (State Provisions)
Act 2003
(1) In section 3(1) of the Australian Crime
Commission (State Provisions) Act 2003—
(a) in the definition of Commonwealth body or
person, for paragraph (j) substitute—
"(j) a Judge of the Federal Circuit Court of
Australia;";
(b) the definition of Federal Magistrate is
repealed;
(c) in the definition of issuing officer, for
paragraph (c) substitute—
"(c) a Judge of the Federal Circuit Court of
Australia;";
(d) insert the following definition—
"Judge of the Federal Circuit Court of
Australia means a Judge (including the
Chief Judge) who holds office under
the Federal Circuit Court of Australia
Act 1999 of the Commonwealth;".
(2) In section 35(1) of the Australian Crime
Commission (State Provisions) Act 2003 for
"Federal Magistrate" substitute "Judge of the
Federal Circuit Court of Australia".
14
Courts and Other Justice Legislation Amendment Act 2013
No. 68 of 2013
Part 3—Amendment of Other Justice Legislation
20 Definitions—Co-operative Schemes (Administrative
Actions) Act 2001
In section 3 of the Co-operative Schemes
(Administrative Actions) Act 2001, in the
definition of Commonwealth authority, for
"Federal Magistrates Court" substitute "Federal
Circuit Court of Australia".
21 Definitions—Corporations (Administrative Actions)
Act 2001
In section 3 of the Corporations (Administrative
Actions) Act 2001, in the definition of
Commonwealth authority, for "Federal
Magistrates Court" substitute "Federal Circuit
Court of Australia".
__________________
15
s. 20
See:
Act No.
41/2001
and
amending
Act Nos
40/2003 and
110/2003.
LawToday:
www.
legislation.
vic.gov.au
See:
Act No.
42/2001.
LawToday:
www.
legislation.
vic.gov.au
Courts and Other Justice Legislation Amendment Act 2013
No. 68 of 2013
Part 4—Repeals
s. 22
PART 4—REPEALS
Division 1—Courts Legislation (Neighbourhood Justice
Centre) Act 2006
See:
Act No.
51/2006
as amended
by
Act Nos
51/2009 and
29/2011.
StatuteBook:
www.
legislation.
vic.gov.au
22 Courts Legislation (Neighbourhood Justice Centre)
Act 2006 repealed
The Courts Legislation (Neighbourhood Justice
Centre) Act 2006 is repealed.
Division 2—Repeal of amending Act
23 Repeal of amending Act
This Act is repealed on 1 October 2015.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═══════════════
16
Courts and Other Justice Legislation Amendment Act 2013
No. 68 of 2013
Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 16 October 2013
Legislative Council: 31 October 2013
The long title for the Bill for this Act was "A Bill for an Act to amend the
Births, Deaths and Marriages Registration Act 1996, the Court
Security Act 1980, the Legal Profession Act 2004, the Magistrates'
Court Act 1989, the Police Regulation Act 1958, the Supreme Court
Act 1986 and the Terrorism (Community Protection) Act 2003, to
repeal the Courts Legislation (Neighbourhood Justice Centre) Act
2006, to amend other Acts to update redundant references to the Federal
Magistrates Court and for other purposes."
17