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COURTS LEGISLATION AMENDMENT (SUNSET PROVISIONS) BILL 2009

Courts Legislation Amendment (Sunset
        Provisions) Bill 2009

                        Introduction Print

              EXPLANATORY MEMORANDUM


                              Clause Notes
Clause 1   sets out the purposes of the Bill, which are--

             ·      to amend the Courts Legislation (Neighbourhood
                    Justice Centre) Act 2006 to provide for the continued
                    operation of the Neighbourhood Justice Centre for a
                    further 4 years; and
             ·      to repeal provisions of the Family Violence Protection
                    Act 2008 to enable the continued operation of the
                    Family Violence Intervention Program.

Clause 2   is the commencement provision. Each provision of the Bill will
           commence on the day after the day on which the Bill receives the
           Royal Assent.

Clause 3   continues the operation of the Neighbourhood Justice Centre
           until 31 December 2013 by amending section 2(2) of the Courts
           Legislation (Neighbourhood Justice Centre) Act 2006.
           The Courts Legislation (Neighbourhood Justice Centre) Act
           2006 established the Neighbourhood Justice Division of the
           Magistrates' Court and the Children's Court.

           Part 6 of the Courts Legislation (Neighbourhood Justice
           Centre) Act 2006 will repeal provisions relating to the
           Neighbourhood Justice Division of the Magistrates' Court and the
           Children's Court. Section 2(2) of the Courts Legislation
           (Neighbourhood Justice Centre) Act 2006 provides that Part 6
           comes into operation on 31 December 2009. The Bill substitutes
           31 December 2009 with 31 December 2013 as the new
           commencement date for the repeal of Part 6.




561413                               1      BILL LA INTRODUCTION 23/6/2009

 


 

Clause 4 makes 2 statute law revisions by repealing section 18 and 20 of the Courts Legislation (Neighbourhood Justice Centre) Act 2006. Section 18 of the Courts Legislation (Neighbourhood Justice Centre) Act 2006 amends the Children and Young Persons Act 1989 which has been repealed by the Children Youth and Families Act 2005. Section 20 of the Courts Legislation (Neighbourhood Justice Centre) Act 2006 amends the Crimes Family Violence Act 1987 which has been repealed by the Family Violence Protection Act 2008. Clause 5 continues the counselling order provisions that apply in the Family Violence Court Division of the Magistrates' Court by repealing Part 15 of the Family Violence Protection Act 2008. The operation of section 3(3) of the Family Violence Protection Act 2008 means that Part 15 of the Family Violence Protection Act 2008 will come into operation on 1 October 2009. The commencement of Part 15 of the Family Violence Protection Act 2008 will repeal the counselling order provisions that apply in the Family Violence Division of the Court Division. Clause 5 repeals Part 15 of the Family Violence Protection Act 2008. Clause 6 repeals the Bill on the first anniversary of its commencement. The repeal of the Bill does not affect the ongoing operation of the amendments made by the Bill (see section 15(1) of the Interpretation of Legislation Act 1984). 2

 


 

 


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