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This is a Bill, not an Act. For current law, see the Acts databases.
COURT LEGISLATION AMENDMENT BILL 2006
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Court
Legislation Amendment Bill 2006
Contents
Page
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Court Legislation
Amendment Bill 2006
A Bill for
An Act to amend various legislation about courts
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Court Legislation Amendment Act 2006.
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)).
3 Legislation
amended—pt 2
This part amends the Coroners Act 1997.
omit
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
feesSection 15 (2) (d)
(iii)
omit
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
etcSection 3A
omit
13 Constitution
of courtNew 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 appliesSection
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;
omit
section 290,
16 Appeals
by way of orders to reviewSection
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 courtSection
290
omit
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.
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.
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 2006.
2 Notification
Notified under the Legislation Act on 2006.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2006
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