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JUSTICE AND OTHER LEGISLATION AMENDMENT (RECORDS OF DEPOSITIONS AND OTHER MATTERS) BILL 2016

Serial 159
Justice and Other Legislation Amendment (Records of Depositions and Other Matters) Bill 2016
Mr Elferink

A Bill for an Act to amend various Acts and to repeal the Records of Depositions Act

NORTHERN TERRITORY OF AUSTRALIA

JUSTICE AND OTHER LEGISLATION AMENDMENT (RECORDS OF DEPOSITIONS AND OTHER MATTERS) ACT 2016

____________________

Act No. [ ] of 2016

____________________

Table of provisions

11A Records and exhibits

33A Transcripts required for certain proceedings

30A Court records and exhibits

NORTHERN TERRITORY OF AUSTRALIA

____________________

Act No. [ ] of 2016

____________________

An Act to amend various Acts and to repeal the Records of Depositions Act

[Assented to [ ] 2016]

[Second reading [ ] 2016]

The Legislative Assembly of the Northern Territory enacts as follows:

Part 1 Preliminary matters
1 Short title

This Act may be cited as the Justice and Other Legislation Amendment (Records of Depositions and Other Matters) Act 2016.

2 Commencement

This Act commences on the day fixed by the Administrator by Gazette notice.

Part 2 Amendment of Coroners Act
3 Act amended

This Part amends the Coroners Act.

4 Section 11A inserted

After section 11, in Part 2

insert

11A Records and exhibits

Part 4, Division 2 of the Local Court Act applies to a coroner as if:

(a) a reference to the principal registrar were a reference to the coroner's clerk; and

(b) a reference to proceedings in the Local Court were a reference to an investigation conducted by a coroner.

Part 3 Amendment of Local Court Act
5 Act amended

This Part amends the Local Court Act.

6 Section 33A inserted

After section 33

insert

33A Transcripts required for certain proceedings

(1) The principal registrar must arrange for a transcript to be made for proceedings if:

(a) a party to the proceedings appeals to the Supreme Court under section 163 of the Local Court (Criminal Procedure) Act; or

(b) the Court commits a defendant to the Supreme Court for trial or sentence; or

(c) the Court reserves a question of law for the consideration of the Supreme Court under section 162 of the Local Court (Criminal Procedure) Act.

(2) The principal registrar must provide a copy of a transcript made under subsection (1)(b) to the defendant on the defendant's request.

(3) A transcript made under subsection (1)(c) must include a summary of the question of law.

Part 4 Amendment of Work Health Administration Act
7 Act amended

This Part amends the Work Health Administration Act.

8 Section 30A inserted

After section 30

insert

30A Court records and exhibits

Part 4, Division 2 of the Local Court Act applies as if:

(a) a reference to the principal registrar were a reference to the registrar; and

(b) a reference to proceedings in the Local Court were a reference to a proceeding before the Court.

Part 5 Amendment of the Youth Justice Act
9 Act amended

This Part amends the Youth Justice Act.

10 Section 53 amended

Section 53(1)(b)

omit

Divisions 4

insert

Divisions 2, 4

Part 6 Repeals
11 Repeals

The following Acts are repealed:

(a) Records of Depositions Ordinance 1970 (Act No. 44 of 1970);

(b) Records of Depositions Amendment Act 1983 (Act No. 44 of 1983).

Part 7 Expiry
12 Expiry of Act

This Act expires on the day after it commences.

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