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This is a Bill, not an Act. For current law, see the Acts databases.
2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Contents
Page
2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Courts Legislation Amendment Bill 2013
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:
This Act is the Courts Legislation Amendment Act 2013.
This Act commences on the 28th day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the following legislation:
•
•
•
•
•
.
Part 2 ACT Civil and Administrative Tribunal Act 2008
substitute
32 Dismissing or striking out applications
substitute
(1) This section applies if the tribunal considers that an application, or part of an application is––
(a) frivolous or vexatious; or
(b) lacking in substance; or
(c) otherwise an abuse of process; or
(d) made by a person who has been dealt with by a court or tribunal in Australia as frivolous or vexatious.
after
application
insert
or part of the application
7 Applications to be
heard
Section 36 (a)
after
application
insert
, or part of the application,
after
application
insert
, or part of an application,
9 Costs of
proceedings
Section 48 (2) (a)
substitute
(a) if the tribunal decides an application in favour of the applicant, the tribunal may order the other party to pay the applicant––
(i) the filing fee for the application; and
(ii) any other fee incurred by the applicant that the tribunal considers necessary for the application; or
Examples––subpar (ii)
• a fee for a business name or company search
• a filing fee for a subpoena
• hearing fees
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).
omit
Frivolous and vexatious applications
substitute
Dismissing or striking out applications
omit
12 Interim orders
Section 53
(3)
substitute
(3) An interim order remains in force until the tribunal—
(a) orders otherwise; or
(b) makes an order at the end of the hearing to which the interim order relates.
omit
14 Statement of
reasons
Section 60 (2)
after
reasons
insert
or a transcript of an oral statement of reasons
15 Making and effect of
orders
New section 61 (1) (c)
insert
(c) made available to the parties to the application at a time and place decided by the tribunal.
16 Reserving
decisions
Section 62 (4) and (5)
substitute
(4) The tribunal or tribunal member may deliver the statement by making it
available to the parties at a time and place decided by the tribunal or
member.
Part 3 Births, Deaths and Marriages Registration Act 1997
17 Notification of deaths by
doctors
Section 35 (1), penalty and note
substitute
(c) has considered information about the deceased person’s medical history and the circumstances of the deceased person’s death and is able to form an opinion as to the probable cause of death.
Maximum penalty: 5 penalty units.
Examples––par (c)
• examining medical records or speaking to the deceased person’s treating doctor
• account of someone who was with the deceased person when the person died or who discovered the deceased person’s body
Note 1 If a form is approved under s 69 for a notice, the form must be used.
Note 2 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
, s 126 and s 132).
18 Coroner’s
jurisdiction in relation to deaths
Section 13 (1) (e)
omit
72
substitute
24
omit
3
substitute
6
20 Warrant for exhumation of body or
recovery of ashes
Section 27 (2) (c)
after
a post-mortem
insert
examination
21 Dictionary, new definition of post-mortem examination
insert
post-mortem examination means the inspection of a body to determine the cause of death and may, but need not, include dissection of the body.
Examples
• external post-mortem examination, including taking skin or other samples
• post-mortem examination using computed tomography (CT)
• post-mortem examination using magnetic resonance imaging (MRI)
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).
Part 5 Magistrates Court Act 1930
insert
Division 3.5.1 Dispensing with application of part
88A Dispensing with application of part in interests of justice
The court may dispense with the application of 1 or more provisions of this part to a proceeding if it considers it necessary or expedient to do so in the interests of justice.
insert
90B Back-up and related offences––transfer to Supreme Court
(1) This section applies if a person (the accused person)––
(a) is committed for trial under section 90A (7); and
(b) has been charged with a back-up or related offence.
Note Back-up offence and related offence––see the dictionary.
(2) The prosecutor must tell the court about the back-up or related offence.
(3) The court must transfer the proceeding for the back-up or related offence to the Supreme Court, to be dealt with under the Supreme Court Act 1933
, part 8 (Back-up and related offences).
(4) Subsection (3) does not prevent the accused person being charged with an offence after committal under section 90A (7).
(5) However, if the accused person is charged with a back-up or related offence after committal under section 90A (7), the court must transfer the proceeding for the offence to the Supreme Court, to be dealt with under the Supreme Court Act 1933
, part 8.
24 Committal for sentence for
indictable offence tried summarily
Section 92A (2)
substitute
(2) If the court commits a person for sentence under subsection (1), the court must––
(a) deal with the person in the same way as a person who is committed for trial under section 94 (1) (b) (Discharge or committal for trial); and
(b) if the person has been charged with a back-up or related offence––deal with the back-up or related offence in accordance with section 94 (2).
25 Discharge or committal for
trial
New section 94 (2) to (4)
before the notes, insert
(2) If the accused person is committed for trial under subsection (1) and has been charged with a back-up or related offence––
(a) the prosecutor must tell the court about the back-up or related offence; and
(b) the court must transfer the proceeding for the back-up or related offence to the Supreme Court, to be dealt with under the Supreme Court Act 1933
, part 8 (Back-up and related offences).
(3) Subsection (2) does not prevent the accused person being charged with an offence after committal under subsection (1) (b).
(4) However, if the accused person is charged with a back-up or related offence after committal under subsection (1) (b), the court must transfer the proceeding for the offence to the Supreme Court, to be dealt with under the Supreme Court Act 1933
, part 8.
26 Transfer of action from Supreme
Court
New section 268 (2A)
insert
(2A) The Supreme Court may make an order under subsection (2) if, when the application for transfer is made, the cause of action could have been properly begun in the Magistrates Court.
27 Assignment of other magistrates for
Childrens Court matters
Section 291C (3) and (4)
omit
28 Childrens Court may send cases to
Supreme Court for sentencing
New section 291G (5)
insert
(5) Also, if the Childrens Court makes an order under subsection (2), the Childrens Court must, if the person has been charged with a back-up or related offence, deal with the back-up or related offence in accordance with section 94 (2) (Discharge or committal for trial) in the same way as a person who is committed for trial under that section.
29 Dictionary, new definitions
insert
back-up offence, in relation to an indictable offence––see the Supreme Court Act 1933
, section 68CA.
related offence, in relation to an indictable offence––see the Supreme Court Act 1933
, section 68CA.
substitute
Part 8 Back-up and related offences
in part 8, insert
68CA Definitions––pt 8
In this part:
back-up offence, in relation to an indictable offence (the first indictable offence), means an offence––
(a) that is––
(i) a summary offence; or
(ii) an indictable offence that is capable of being dealt with summarily by the Magistrates Court under the Magistrates Court Act 1930
, part 3.6 (Proceedings for offences punishable summarily); and
(b) at least some of the elements of which are similar to the elements that constitute the first indictable offence; and
(c) that is to be prosecuted on the same facts as the first indictable offence.
related offence, in relation to an indictable offence (the first indictable offence), means an offence, other than a back-up offence—
(a) that is––
(i) a summary offence; or
(ii) an indictable offence that is capable of being dealt with summarily by the Magistrates Court under the Magistrates Court Act 1930
, part 3.6 (Proceedings for offences punishable summarily); and
(b) that arises from substantially the same circumstances as those from which the first indictable offence has arisen.
substitute
68D Back-up and related offences
(1) This section applies in the following circumstances:
(a) if the Magistrates Court commits an accused person for trial or
sentencing to the Supreme Court under any of the following provisions of
the
:
(i) section 90B (Back-up and related offences––transfer to Supreme Court);
(ii) section 92A (1) (Committal for sentence for indictable offence tried summarily);
(iii) section 94 (1) (b) (Discharge or committal for trial);
(iv) section 291G (2) (Childrens Court may send cases to Supreme Court for sentencing);
(b) at the conclusion of the trial of an accused person for an indictable offence, or in the course of a sentencing proceeding.
(2) The court must deal with any back-up or related offence with which the accused person has been charged if the court considers that it is in the interests of justice.
(3) The court may deal with a back-up or related offence with which an accused person has been charged even though it is not doing so in relation to a back-up or related offence with which another accused person in the same proceedings is charged.
omit
related summary offence
substitute
back-up or related offence
substitute
68F Remission of back-up and related offences to Magistrates Court
The court may, at any time, remit a back-up or related offence being dealt with under this part to the Magistrates Court.
35 Dictionary, new definitions
insert
back-up offence, in relation to an indictable offence––for part 8 (Back-up and related offences)––see section 68CA.
related offence, in relation to an indictable offence––for part 8 (Back-up and related offences)––see section 68CA.
36 Dictionary, definition of related summary offence
omit
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 28 November 2013.
2 Notification
Notified under the
on 2013.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2013
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