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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Courts and Tribunals (Electronic Processes
Facilitation) Bill 2013
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Crown bound 2
Part 2 -- Provisions facilitating
electronic processes in court
proceedings and certain other
proceedings
4. Purpose of this Part 3
5. Terms used 3
6. Application of this Part 3
7. Where writing required or authorised 4
8. Lodging documents 4
9. Keeping records 5
10. Signatures, seals and certificates 6
11. Endorsing, recording or attaching information or
documents 6
12. Giving or obtaining information, documents and
records 7
13. Original documents 8
14. Address for service 8
15. Approving forms and other documents 9
16. Prescribing forms and other documents 9
17. Production of records kept electronically 10
18. Status and effect of things done electronically or in
electronic form 10
24--1 page i
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Contents
19. Relationship with other laws relating to electronic
processes 11
20. Power to make regulations and rules of court
extended 11
Part 3 -- Amendments to other Acts
Division 1 -- Bail Act 1982 amended
21. Act amended 13
22. Section 3 amended 13
23. Section 3A deleted 13
24. Section 4AB inserted 13
4AB. Courts and Tribunals (Electronic
Processes Facilitation) Act 2013 Part 2
applies 13
25. Section 13B amended 13
26. Section 27 amended 14
27. Section 32 amended 14
28. Section 37 amended 15
29. Section 43A amended 15
30. Section 45 amended 16
31. Section 67 amended 16
Division 2 -- Children's Court of Western
Australia Act 1988 amended
32. Act amended 17
33. Section 5A inserted 17
5A. Courts and Tribunals (Electronic
Processes Facilitation) Act 2013 Part 2
applies 17
Division 3 -- Civil Judgments Enforcement
Act 2004 amended
34. Act amended 17
35. Section 6A inserted 17
6A. Courts and Tribunals (Electronic
Processes Facilitation) Act 2013 Part 2
applies 17
Division 4 -- Criminal and Found Property
Disposal Act 2006 amended
36. Act amended 18
37. Section 11 amended 18
38. Section 13 amended 18
39. Section 30 amended 18
page ii
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Contents
Division 5 -- Criminal Appeals Act 2004
amended
40. Act amended 18
41. Section 4A inserted 19
4A. Courts and Tribunals (Electronic
Processes Facilitation) Act 2013 Part 2
applies 19
Division 6 -- Criminal Injuries Compensation
Act 2003 amended
42. Act amended 19
43. Section 8A inserted 19
8A. Courts and Tribunals (Electronic
Processes Facilitation) Act 2013 Part 2
applies 19
Division 7 -- Criminal Law (Mentally Impaired
Accused) Act 1996 amended
44. Act amended 19
45. Section 5AA inserted 20
5AA. Courts and Tribunals (Electronic
Processes Facilitation) Act 2013 Part 2
applies 20
Division 8 -- Criminal Procedure Act 2004
amended
46. Act amended 20
47. Section 3 amended 20
48. Section 4A inserted 21
4A. Courts and Tribunals (Electronic
Processes Facilitation) Act 2013 Part 2
applies 21
49. Section 34 amended 21
50. Section 45 amended 21
51. Section 139 amended 21
52. Section 172 amended 22
53. Section 173 replaced 22
173. Unauthorised documents 22
54. Section 186 amended 23
Division 9 -- Dangerous Sexual Offenders
Act 2006 amended
55. Act amended 23
56. Section 8A inserted 23
page iii
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Contents
8A. Courts and Tribunals (Electronic
Processes Facilitation) Act 2013 Part 2
applies 23
Division 10 -- District Court of Western
Australia Act 1969 amended
57. Act amended 24
58. Section 7A inserted 24
7A. Courts and Tribunals (Electronic
Processes Facilitation) Act 2013 Part 2
applies 24
Division 11 -- Evidence Act 1906 amended
59. Act amended 24
60. Section 5A inserted 24
5A. Courts and Tribunals (Electronic
Processes Facilitation) Act 2013 Part 2
applies 24
61. Section 12 amended 25
62. Section 51 amended 25
63. Section 54 amended 25
64. Section 55 amended 25
65. Section 56 amended 26
66. Section 67 amended 26
67. Section 68 amended 26
68. Section 73B amended 26
69. Section 73BA inserted 27
73BA. Authenticated copies of certain public
documents etc. admissible without further
proof 27
70. Sections 82 to 88 deleted 28
71. Section 109 amended 28
72. Section 110 amended 28
73. Section 133 inserted 28
133. Regulations and rules of court for
purposes of Courts and Tribunals
(Electronic Processes Facilitation)
Act 2013 Part 2 28
Division 12 -- Fines, Penalties and Infringement
Notices Enforcement Act 1994 amended
74. Act amended 29
75. Section 5A amended 29
76. Section 5B inserted 30
page iv
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Contents
5B. Courts and Tribunals (Electronic
Processes Facilitation) Act 2013 Part 2
applies 30
77. Section 10B inserted 30
10B. Registrar to keep record of outstanding
fines and other amounts payable by young
persons 30
78. Section 27B amended 32
79. Section 28 amended 32
80. Part 4 Division 2 Subdivision 1 heading amended 32
81. Section 32 replaced 32
32. Offender must pay fine or get time to pay
order 32
82. Section 33 amended 34
83. Section 34 amended 35
84. Section 35 amended 36
85. Section 35A amended 37
86. Sections 36 and 37 replaced 37
36. Registrar may cancel time to pay order 37
37. Registrar's decision is final 37
38A. Transitional provisions for Courts and
Tribunals (Electronic Processes
Facilitation) Act 2013 37
87. Part 4 Division 2 Subdivision 2 heading amended 38
88. Section 41 amended 38
89. Section 48A replaced 38
48A. Order to attend for work and development:
cancellation 38
90. Section 53A amended 39
91. Section 55B amended 39
92. Section 56B amended 40
93. Section 56 amended 40
94. Section 59A inserted 40
59A. Automatic registration of amounts payable 40
95. Section 105 deleted 41
Division 13 -- Magistrates Court Act 2004
amended
96. Act amended 41
97. Section 4A inserted 42
4A. Courts and Tribunals (Electronic
Processes Facilitation) Act 2013 Part 2
applies 42
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Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Contents
Division 14 -- Prisoners (Interstate Transfer)
Act 1983 amended
98. Act amended 42
99. Section 12 amended 42
100. Section 14 amended 42
101. Section 30 amended 42
Division 15 -- Prisons Act 1981 amended
102. Act amended 43
103. Section 85 amended 43
Division 16 -- Prohibited Behaviour Orders
Act 2010 amended
104. Act amended 43
105. Section 5A inserted 43
5A. Courts and Tribunals (Electronic
Processes Facilitation) Act 2013 Part 2
applies 43
106. Section 33 amended 43
Division 17 -- Restraining Orders Act 1997
amended
107. Act amended 44
108. Section 3 amended 44
109. Section 8A inserted 44
8A. Courts and Tribunals (Electronic
Processes Facilitation) Act 2013 Part 2
applies 44
110. Section 19 amended 44
111. Section 21 amended 45
112. Section 28 amended 45
113. Section 50D amended 45
114. Section 54 amended 45
115. Section 55 amended 46
116. Section 56 amended 46
117. Section 58 amended 47
118. Section 61A amended 47
119. Section 62D amended 48
120. Section 67 amended 48
121. Section 71 amended 48
Division 18 -- Sentencing Act 1995 amended
122. Act amended 48
123. Section 4A inserted 49
page vi
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Contents
4A. Courts and Tribunals (Electronic
Processes Facilitation) Act 2013 Part 2
applies 49
124. Section 14 amended 49
125. Section 33A amended 49
126. Section 35 amended 50
127. Section 38 amended 50
128. Section 80 amended 50
129. Section 84F amended 51
130. Section 84K amended 51
131. Section 120A amended 52
Division 19 -- State Administrative Tribunal
Act 2004 amended
132. Act amended 52
133. Section 7A inserted 52
7A. Courts and Tribunals (Electronic
Processes Facilitation) Act 2013 Part 2
applies 52
Division 20 -- Supreme Court Act 1935 amended
134. Act amended 52
135. Section 6A inserted 53
6A. Courts and Tribunals (Electronic
Processes Facilitation) Act 2013 Part 2
applies 53
Division 21 -- Young Offenders Act 1994
amended
136. Act amended 53
137. Section 6A inserted 53
6A. Courts and Tribunals (Electronic
Processes Facilitation) Act 2013 Part 2
applies 53
138. Section 43 amended 53
139. Section 45 amended 55
140. Section 64 amended 55
141. Section 65 amended 55
142. Section 120 amended 56
page vii
Western Australia
LEGISLATIVE COUNCIL
Courts and Tribunals (Electronic Processes
Facilitation) Bill 2013
A Bill for
An Act --
• to provide for the use of electronic technology in relation to
court proceedings and certain other proceedings, and the
record of court proceedings and certain other proceedings;
and
• to make consequential and certain other amendments to
various Acts; and
• to amend the Fines, Penalties and Infringement Notices
Enforcement Act 1994 so that the Fines Enforcement Registry
is responsible for the management of the process for the
enforcement of the payment of certain fines and other
amounts as soon as the fines are imposed or the amounts are
payable,
and for related purposes.
The Parliament of Western Australia enacts as follows:
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Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Courts and Tribunals (Electronic Processes
4 Facilitation) Act 2013.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
11 3. Crown bound
12 This Act binds the State and, so far as the legislative power of
13 the State permits, the Crown in all its other capacities.
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Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Provisions facilitating electronic processes in court Part 2
proceedings and certain other proceedings
s. 4
1 Part 2 -- Provisions facilitating electronic processes in
2 court proceedings and certain other proceedings
3 4. Purpose of this Part
4 The purpose of this Part is to provide for the use of electronic
5 technology in relation to --
6 (a) court proceedings and certain other proceedings; and
7 (b) the record of court proceedings and certain other
8 proceedings.
9 5. Terms used
10 In this Part --
11 electronic includes electrical, digital, magnetic, optical,
12 electromagnetic, biometric and photonic;
13 give includes serve, deliver, send, transmit, provide, issue,
14 notify, inform, advise, furnish, produce, make available or any
15 other similar word or expression;
16 lodge includes file and register;
17 person includes a court;
18 seal includes stamp;
19 writing, without limiting the definition of that term in the
20 Interpretation Act 1984 section 5, includes any other similar
21 word or expression (for example, paper or instrument).
22 6. Application of this Part
23 (1) This Part applies to the following Acts --
24 (a) the Bail Act 1982;
25 (b) the Children's Court of Western Australia Act 1988;
26 (c) the Civil Judgments Enforcement Act 2004;
27 (d) the Criminal Appeals Act 2004;
28 (e) the Criminal Injuries Compensation Act 2003;
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Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Part 2 Provisions facilitating electronic processes in court
proceedings and certain other proceedings
s. 7
1 (f) the Criminal Law (Mentally Impaired Accused)
2 Act 1996;
3 (g) the Criminal Procedure Act 2004;
4 (h) the Dangerous Sexual Offenders Act 2006;
5 (i) the District Court of Western Australia Act 1969;
6 (j) the Evidence Act 1906 (other than section 19B);
7 (k) the Fines, Penalties and Infringement Notices
8 Enforcement Act 1994;
9 (l) the Magistrates Court Act 2004;
10 (m) the Prohibited Behaviour Orders Act 2010;
11 (n) the Restraining Orders Act 1997;
12 (o) the Sentencing Act 1995;
13 (p) the State Administrative Tribunal Act 2004;
14 (q) the Supreme Court Act 1935;
15 (r) the Young Offenders Act 1994.
16 (2) This Part also applies to other written laws in accordance with
17 section 20(1) and (2).
18 7. Where writing required or authorised
19 (1) If, under a provision of an Act to which this Part applies, a
20 matter or thing is required to be in writing, that requirement is to
21 be taken to be satisfied if the matter or thing is recorded
22 electronically in accordance with any regulations or rules of
23 court.
24 (2) If, under a provision of an Act to which this Part applies, a
25 matter or thing is permitted to be in writing, the matter or thing
26 may be recorded electronically in accordance with any
27 regulations or rules of court.
28 8. Lodging documents
29 (1) If, under a provision of an Act to which this Part applies, a
30 document lodged with a court or tribunal is required to be in
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Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Provisions facilitating electronic processes in court Part 2
proceedings and certain other proceedings
s. 9
1 writing, that requirement is to be taken to be satisfied if the
2 document is lodged electronically in accordance with any
3 regulations or rules of court.
4 (2) If, under a provision of an Act to which this Part applies, a
5 document lodged with a court or tribunal is permitted to be in
6 writing, the document may be lodged electronically in
7 accordance with any regulations or rules of court.
8 (3) If, under a provision of an Act to which this Part applies, an
9 original or certified document is required to be lodged with a
10 court or tribunal, that requirement is to be taken to be satisfied if
11 a copy of the document is lodged electronically in accordance
12 with any regulations or rules of court.
13 (4) If, under a provision of an Act to which this Part applies, an
14 original or certified document is permitted to be lodged with a
15 court or tribunal, a copy of the document may be lodged
16 electronically in accordance with any regulations or rules of
17 court.
18 9. Keeping records
19 (1) If, under a provision of an Act to which this Part applies, a
20 document or record is required to be kept or maintained in
21 written form, or a record is required to be made in written form,
22 that requirement is to be taken to be satisfied if the document or
23 record is kept or maintained or, as the case requires, the record
24 is made in electronic form in accordance with any regulations or
25 rules of court.
26 (2) If, under a provision of an Act to which this Part applies, a
27 document or record is permitted to be kept or maintained in a
28 written form, or a record is permitted to be made in written
29 form, the document or record may be kept or maintained or, as
30 the case requires, the record may be made in electronic form in
31 accordance with any regulations or rules of court.
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Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Part 2 Provisions facilitating electronic processes in court
proceedings and certain other proceedings
s. 10
1 10. Signatures, seals and certificates
2 (1) If, under a provision of an Act to which this Part applies, a
3 document is required to be signed, certified or sealed by any
4 person, that requirement is to be taken to be satisfied if the
5 document is authenticated in accordance with any regulations or
6 rules of court.
7 (2) If, under a provision of an Act to which this Part applies, a
8 document is permitted to be signed, certified or sealed by any
9 person, the document may be authenticated in accordance with
10 any regulations or rules of court.
11 (3) Any provision of an Act to which this Part applies that provides
12 that, or to the effect that, a document is evidence, or may be
13 tendered in evidence, without proof of a signature, certificate or
14 seal, or without calling the person who signed, certified or
15 sealed the document, applies with all necessary changes to and
16 in relation to a document that is authenticated in accordance
17 with subsection (1) or (2) as if the reference to a signature,
18 certificate or seal were a reference to authentication.
19 (4) Any provision of an Act to which this Part applies that provides
20 that, or to the effect that, the signature on any document is
21 presumed to be the signature of the person who issued the
22 document, or that judicial notice is to be taken of a person's
23 signature, applies with all necessary changes to and in relation
24 to a document that is authenticated in accordance with
25 subsection (1) or (2) as if the reference to a signature were a
26 reference to authentication.
27 11. Endorsing, recording or attaching information or
28 documents
29 (1) If, under a provision of an Act to which this Part applies, any
30 information, note, statement, certificate, acknowledgment or
31 other document, record or matter is required to be endorsed or
32 recorded on, or attached or annexed to, any document, and that
33 document is in electronic form, that requirement is to be taken
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Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Provisions facilitating electronic processes in court Part 2
proceedings and certain other proceedings
s. 12
1 to be satisfied if the information, note, statement, certificate,
2 acknowledgment or other document, record or matter is
3 incorporated electronically in, or associated electronically with,
4 the document in accordance with any regulations or rules of
5 court.
6 (2) If, under a provision of an Act to which this Part applies, any
7 information, note, statement, certificate, acknowledgment or
8 other document, record or matter is permitted to be endorsed or
9 recorded on, or attached or annexed to, any document, and that
10 document is in electronic form, the information, note, statement,
11 certificate, acknowledgment or other document, record or matter
12 may be incorporated electronically in, or associated
13 electronically with, the document in accordance with any
14 regulations or rules of court.
15 12. Giving or obtaining information, documents and records
16 (1) If, under a provision of an Act to which this Part applies, any
17 information, document or record, or a copy of any document or
18 record, is required to be given to, or obtained by, any person in
19 written form, that requirement is to be taken to be satisfied if the
20 information, document, record or copy is given to or, as the case
21 requires, obtained by the person in electronic form in
22 accordance with any regulations or rules of court.
23 (2) If, under a provision of an Act to which this Part applies, any
24 information, document or record, or a copy of any document or
25 record, is permitted to be given to, or obtained by, any person in
26 written form, the information, document, record or copy may be
27 given to or, as the case requires, obtained by the person in
28 electronic form in accordance with any regulations or rules of
29 court.
30 (3) An example of the operation of subsection (1) is where a
31 provision requires a copy of a document to be sent to a person,
32 and rules of court provide for that person to be able to access the
33 document on a computer system.
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Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Part 2 Provisions facilitating electronic processes in court
proceedings and certain other proceedings
s. 13
1 (4) Subsection (1) does not apply in relation to a provision of an
2 Act to which this Part applies to the extent that the provision
3 requires any information, document or record, or a copy of any
4 information, document or record, to be personally served on a
5 person or personally given to a person.
6 (5) Nothing in this section limits or affects the power of a court or
7 tribunal to order or authorise any information, document or
8 record, or a copy of any document or record, to be given to any
9 person in any particular way.
10 13. Original documents
11 (1) If, under a provision of an Act to which this Part applies, the
12 original of a document is required to be given to any person,
13 that requirement is to be taken to be satisfied if the document
14 given to the person is a copy of the document produced from an
15 electronic version of the document in accordance with any
16 regulations or rules of court.
17 (2) If, under a provision of an Act to which this Part applies, the
18 original of a document is permitted to be given to any person,
19 the document given to the person may be a copy of the
20 document produced from an electronic version of the document
21 in accordance with any regulations or rules of court.
22 (3) An example of the operation of subsection (1) is where a
23 provision requires a police officer to serve a summons on a
24 person, and rules of court provide for an electronic copy of the
25 summons to be sent to a police officer, and for that police
26 officer to print out a copy of the summons and give it to the
27 person required to be served.
28 14. Address for service
29 (1) In this section --
30 address for service, in relation to a person, includes an address
31 at which documents may be given to, or accepted on behalf of,
32 the person.
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Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Provisions facilitating electronic processes in court Part 2
proceedings and certain other proceedings
s. 15
1 (2) If, under a provision of an Act to which this Part applies, a
2 person is required to give an address for service, that
3 requirement is to be taken to be satisfied if the person gives an
4 electronic address (for example, an email address) in accordance
5 with any regulations or rules of court.
6 (3) If, under a provision of an Act to which this Part applies, a
7 person is permitted to give an address for service, the person
8 may give an electronic address (for example, an email address)
9 in accordance with any regulations or rules of court.
10 15. Approving forms and other documents
11 If a provision of an Act to which this Part applies authorises or
12 requires the approval of a form or other document --
13 (a) that provision is to be taken to authorise both the
14 approval of a printed form or document and the approval
15 of a means of completing the form or document
16 electronically in accordance with any regulations or
17 rules of court; and
18 (b) it is not necessary that the content and layout of the
19 printed form or document and the means of completing
20 the form or document electronically are identical, as
21 long as the form or document, when completed by either
22 means, is to the same effect.
23 16. Prescribing forms and other documents
24 If a provision of an Act to which this Part applies authorises or
25 requires a form or other document to be prescribed --
26 (a) that provision is to be taken to authorise both the
27 prescribing of a printed form or document and the
28 prescribing of a means of completing the form or
29 document electronically; and
30 (b) it is not necessary that the content and layout of the
31 printed form or document and the means of completing
32 the form or document electronically are identical, as
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Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Part 2 Provisions facilitating electronic processes in court
proceedings and certain other proceedings
s. 17
1 long as the form or document, when completed by either
2 means, is to the same effect.
3 17. Production of records kept electronically
4 (1) This section applies if, under a provision of an Act to which this
5 Part applies, a person who keeps a record of information in
6 electronic form is required --
7 (a) to produce the information or a document containing the
8 information to a court, tribunal or person; or
9 (b) to make a document containing the information
10 available for inspection by a court, tribunal or person.
11 (2) If this section applies then, unless the court, tribunal or person
12 otherwise directs --
13 (a) the requirement obliges the person to produce or make
14 available for inspection, as the case may be, a document
15 that reproduces the information in a form capable of
16 being understood by the court, tribunal or person; and
17 (b) the production to the court, tribunal or person of the
18 document in that form complies with the requirement.
19 18. Status and effect of things done electronically or in
20 electronic form
21 (1) If, in reliance on a provision of this Part, something is done
22 electronically when it would otherwise be required to have been
23 done, or could have been done, using or with respect to a paper
24 document, the doing of that thing electronically has the same
25 effect as if that thing had been done using or with respect to a
26 paper document.
27 (2) If, in reliance on a provision of this Part, something takes an
28 electronic form when it would otherwise be required to be, or
29 could be, in the form of a paper document, that thing has the
30 same effect as if it were a paper document.
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Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Provisions facilitating electronic processes in court Part 2
proceedings and certain other proceedings
s. 19
1 (3) Without limiting subsection (1) or (2) --
2 (a) a document that is authenticated in accordance with
3 section 10(1) or (2) has the same effect as a document
4 that has been duly signed, certified or sealed; and
5 (b) a copy of a document that is produced from an
6 electronic version of the document in accordance with
7 section 13(1) or (2) has the same effect as the original.
8 19. Relationship with other laws relating to electronic processes
9 (1) This Part is in addition to, and not in substitution for --
10 (a) the Electronic Transactions Act 2011; and
11 (b) a provision of any other written law (including a
12 provision of an Act to which this Part applies) that
13 authorises or permits the use of electronic processes for
14 the purposes of an Act to which this Part applies.
15 (2) The fact that this Part does not apply to a particular Act does not
16 imply that that Act does not authorise or permit the use of
17 electronic processes for the purposes of that Act.
18 (3) Nothing in this Part limits the operation of any of the
19 following --
20 (a) the Freedom of Information Act 1992;
21 (b) the Interpretation Act 1984 section 76;
22 (c) the State Records Act 2000.
23 20. Power to make regulations and rules of court extended
24 (1) If a provision of an Act to which this Part applies or any other
25 written law empowers the making of any regulations or rules of
26 court for the purposes of an Act to which this Part applies, that
27 power is to be construed (with all necessary changes) as
28 including a general power to make regulations or rules of court
29 for the purposes of this Part.
30 (2) If a provision of an Act to which this Part applies empowers the
31 making of any regulations or rules of court for the purposes of
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Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Part 2 Provisions facilitating electronic processes in court
proceedings and certain other proceedings
s. 20
1 another Act, and this Part does not apply to the other Act, that
2 power is to be construed (with all necessary changes) as
3 including a general power to make regulations or rules of court
4 for the purposes of this Part as if this Part applied to the other
5 Act.
6 (3) Without limiting subsection (1) or (2) or any other written law,
7 the power conferred by subsection (1) or (2) includes power to
8 make regulations or rules of court in relation to the use of
9 electronic technology in particular circumstances even though
10 no regulations or rules of court are required with respect to the
11 use of written information, documents or records in the same or
12 similar circumstances.
13 (4) Without limiting subsection (1) or (2) or any other written law,
14 the power conferred by subsection (1) or (2) to provide that any
15 information, document or record, or a copy of any document or
16 record, is to be or can be given to a person in electronic form
17 includes power to determine when information or a document,
18 record or copy given to a person in that form is to be taken to
19 be, or to be presumed to be, received by, or brought to the
20 attention of, the person.
page 12
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Amendments to other Acts Part 3
Bail Act 1982 amended Division 1
s. 21
1 Part 3 -- Amendments to other Acts
2 Division 1 -- Bail Act 1982 amended
3 21. Act amended
4 This Division amends the Bail Act 1982.
5 22. Section 3 amended
6 In section 3(1) delete the definitions of:
7 electronic address
8 electronic communication
9 23. Section 3A deleted
10 Delete section 3A.
11 24. Section 4AB inserted
12 Before section 4A insert:
13
14 4AB. Courts and Tribunals (Electronic Processes
15 Facilitation) Act 2013 Part 2 applies
16 The Courts and Tribunals (Electronic Processes
17 Facilitation) Act 2013 Part 2 applies to this Act.
18
19 25. Section 13B amended
20 (1) Delete section 13B(1)(b) and insert:
21
22 (b) sent to the accused by post to the accused's
23 address appearing in the records of the court; or
page 13
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Part 3 Amendments to other Acts
Division 1 Bail Act 1982 amended
s. 26
1 (c) in urgent cases or with the accused's consent,
2 provided to the accused by electronic means in
3 accordance with the regulations.
4
5 (2) In section 13B(2) delete "gives or sends" and insert:
6
7 gives, sends or provides
8
9 (3) In section 13B(3) delete "subsection (1)(b)(i)," and insert:
10
11 subsection (1)(b),
12
13 26. Section 27 amended
14 In section 27(1) and (2) delete "sent" and insert:
15
16 made available
17
18 Note: The heading to amended section 27 is to read:
19 Relevant papers to be made available to court where accused to
20 appear
21 27. Section 32 amended
22 (1) Delete section 32(1)(c) and insert:
23
24 (c) in urgent cases or with the accused's consent,
25 shall be provided to the accused by electronic
26 means in accordance with the regulations.
27
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Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Amendments to other Acts Part 3
Bail Act 1982 amended Division 1
s. 28
1 (2) In section 32(2) delete "gives or sends" and insert:
2
3 gives, sends or provides
4
5 28. Section 37 amended
6 Delete section 37(3).
7 29. Section 43A amended
8 (1) Delete section 43A(4) to (7) and insert:
9
10 (4) The relevant official may provide the surety
11 undertaking to the proposed surety for completion by
12 providing it by electronic means in accordance with the
13 regulations.
14 (5) The proposed surety may enter into the surety
15 undertaking by providing the completed surety
16 undertaking to the relevant official by electronic means
17 in accordance with the regulations.
18 (6) If the surety undertaking is provided by electronic
19 means under subsection (4) or (5), any requirement for
20 the proposed surety or the relevant official to sign it is
21 to be taken to have been complied with if the full name
22 of the proposed surety or the relevant official, as the
23 case requires, appears in the appropriate place in the
24 undertaking.
25 (7) The relevant official may comply with section 43(c) by
26 providing a copy of the surety undertaking (as duly
27 completed) to the surety by electronic means in
28 accordance with the regulations.
29
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Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Part 3 Amendments to other Acts
Division 1 Bail Act 1982 amended
s. 30
1 (2) Delete section 43A(10).
2 Note: The heading to amended section 43A is to read:
3 Entering into surety undertaking where proposed surety
4 interstate
5 30. Section 45 amended
6 Delete section 45(1)(c) and insert:
7
8 (c) by a person authorised under subsection (5) --
9 (i) sending or causing to be sent the
10 approved form to the surety by post to
11 the surety's address appearing in the
12 records of the court; or
13 (ii) in urgent cases or with the surety's
14 consent, providing or causing to be
15 provided the approved form to the
16 surety by electronic means in
17 accordance with the regulations.
18
19 31. Section 67 amended
20 After section 67(2)(a) insert:
21
22 (ba) in any case where the regulations provide that
23 any information, document or record, or a copy
24 of any document or record, is to be or can be
25 provided to a person in electronic form,
26 determine when information or a document,
27 record or copy provided to a person in that form
28 is to be taken to be, or to be presumed to be,
29 received by, or brought to the attention of, the
30 person;
31
page 16
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Amendments to other Acts Part 3
Children's Court of Western Australia Act 1988 amended Division 2
s. 32
1 Division 2 -- Children's Court of Western Australia
2 Act 1988 amended
3 32. Act amended
4 This Division amends the Children's Court of Western
5 Australia Act 1988.
6 33. Section 5A inserted
7 At the end of Part 1 insert:
8
9 5A. Courts and Tribunals (Electronic Processes
10 Facilitation) Act 2013 Part 2 applies
11 The Courts and Tribunals (Electronic Processes
12 Facilitation) Act 2013 Part 2 applies to this Act.
13
14 Division 3 -- Civil Judgments Enforcement Act 2004 amended
15 34. Act amended
16 This Division amends the Civil Judgments Enforcement
17 Act 2004.
18 35. Section 6A inserted
19 After section 5 insert:
20
21 6A. Courts and Tribunals (Electronic Processes
22 Facilitation) Act 2013 Part 2 applies
23 The Courts and Tribunals (Electronic Processes
24 Facilitation) Act 2013 Part 2 applies to this Act.
25
page 17
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Part 3 Amendments to other Acts
Division 4 Criminal and Found Property Disposal Act 2006 amended
s. 36
1 Division 4 -- Criminal and Found Property Disposal
2 Act 2006 amended
3 36. Act amended
4 This Division amends the Criminal and Found Property
5 Disposal Act 2006.
6 37. Section 11 amended
7 Delete section 11(2) and insert:
8
9 (2) The application must be --
10 (a) made in accordance with rules of court; and
11 (b) served on the chief officer in accordance with
12 rules of court.
13
14 38. Section 13 amended
15 In section 13(1)(a) delete "served" and insert:
16
17 served, in accordance with rules of court,
18
19 39. Section 30 amended
20 In section 30(4)(a) delete "application" and insert:
21
22 application, in accordance with rules of court,
23
24 Division 5 -- Criminal Appeals Act 2004 amended
25 40. Act amended
26 This Division amends the Criminal Appeals Act 2004.
page 18
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Amendments to other Acts Part 3
Criminal Injuries Compensation Act 2003 amended Division 6
s. 41
1 41. Section 4A inserted
2 After section 3 insert:
3
4 4A. Courts and Tribunals (Electronic Processes
5 Facilitation) Act 2013 Part 2 applies
6 The Courts and Tribunals (Electronic Processes
7 Facilitation) Act 2013 Part 2 applies to this Act.
8
9 Division 6 -- Criminal Injuries Compensation Act 2003 amended
10 42. Act amended
11 This Division amends the Criminal Injuries Compensation
12 Act 2003.
13 43. Section 8A inserted
14 At the end of Part 1 insert:
15
16 8A. Courts and Tribunals (Electronic Processes
17 Facilitation) Act 2013 Part 2 applies
18 The Courts and Tribunals (Electronic Processes
19 Facilitation) Act 2013 Part 2 applies to this Act.
20
21 Division 7 -- Criminal Law (Mentally Impaired Accused)
22 Act 1996 amended
23 44. Act amended
24 This Division amends the Criminal Law (Mentally Impaired
25 Accused) Act 1996.
page 19
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Part 3 Amendments to other Acts
Division 8 Criminal Procedure Act 2004 amended
s. 45
1 45. Section 5AA inserted
2 After section 4 insert:
3
4 5AA. Courts and Tribunals (Electronic Processes
5 Facilitation) Act 2013 Part 2 applies
6 The Courts and Tribunals (Electronic Processes
7 Facilitation) Act 2013 Part 2 applies to this Act.
8
9 Division 8 -- Criminal Procedure Act 2004 amended
10 46. Act amended
11 This Division amends the Criminal Procedure Act 2004.
12 47. Section 3 amended
13 (1) In section 3(1) insert in alphabetical order:
14
15 authenticate means authenticate in accordance with the
16 Courts and Tribunals (Electronic Processes
17 Facilitation) Act 2013 section 10;
18
19 (2) In section 3(1) in the definition of charge delete "a written" and
20 insert:
21
22 an
23
page 20
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Amendments to other Acts Part 3
Criminal Procedure Act 2004 amended Division 8
s. 48
1 48. Section 4A inserted
2 At the end of Part 1 insert:
3
4 4A. Courts and Tribunals (Electronic Processes
5 Facilitation) Act 2013 Part 2 applies
6 The Courts and Tribunals (Electronic Processes
7 Facilitation) Act 2013 Part 2 applies to this Act.
8
9 49. Section 34 amended
10 Delete section 34(2) and insert:
11
12 (2) An amendment made under subsection (1) must be
13 endorsed on the summons or notice.
14
15 50. Section 45 amended
16 In section 45(6) after "signs" insert:
17
18 or authenticates
19
20 51. Section 139 amended
21 Delete section 139(2)(c) and insert:
22
23 (c) if the accused is in custody, by issuing an order
24 under the Prisons Act 1981 section 85.
25
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Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Part 3 Amendments to other Acts
Division 8 Criminal Procedure Act 2004 amended
s. 52
1 52. Section 172 amended
2 Delete section 172(3)(b) and insert:
3
4 (b) on any party's behalf in any court --
5 (i) by a legal practitioner; or
6 (ii) with the court's leave, by a person who
7 is undertaking approved practical legal
8 training requirements (as defined in the
9 Legal Profession Act 2008
10 section 21(1)); or
11 (iii) with the court's leave, by a person who
12 is neither a legal practitioner nor a
13 person referred to in subparagraph (ii).
14
15 53. Section 173 replaced
16 Delete section 173 and insert:
17
18 173. Unauthorised documents
19 A person must not --
20 (a) sign or authenticate a prosecution notice,
21 indictment, summons, court hearing notice or
22 witness summons, knowing that he or she is not
23 authorised to do so; or
24 (b) lodge a prosecution notice or an indictment
25 knowing --
26 (i) that it has been signed by a person who
27 is not authorised to sign it; or
page 22
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Amendments to other Acts Part 3
Dangerous Sexual Offenders Act 2006 amended Division 9
s. 54
1 (ii) that it has been authenticated by a
2 person who is not authorised to
3 authenticate it.
4 Penalty: imprisonment for 12 months or a fine
5 of $12 000.
6
7 54. Section 186 amended
8 In section 186(2):
9 (a) in paragraph (c) delete "conducted." and insert:
10
11 conducted;
12
13 (b) after paragraph (c) insert:
14
15 (d) prescribe requirements relating to the lodging
16 of documents with a court under this Act or
17 another written law.
18
19 Division 9 -- Dangerous Sexual Offenders Act 2006 amended
20 55. Act amended
21 This Division amends the Dangerous Sexual Offenders
22 Act 2006.
23 56. Section 8A inserted
24 At the end of Part 1 insert:
25
26 8A. Courts and Tribunals (Electronic Processes
27 Facilitation) Act 2013 Part 2 applies
28 The Courts and Tribunals (Electronic Processes
29 Facilitation) Act 2013 Part 2 applies to this Act.
30
page 23
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Part 3 Amendments to other Acts
Division 10 District Court of Western Australia Act 1969 amended
s. 57
1 Division 10 -- District Court of Western Australia
2 Act 1969 amended
3 57. Act amended
4 This Division amends the District Court of Western Australia
5 Act 1969.
6 58. Section 7A inserted
7 At the end of Part I insert:
8
9 7A. Courts and Tribunals (Electronic Processes
10 Facilitation) Act 2013 Part 2 applies
11 The Courts and Tribunals (Electronic Processes
12 Facilitation) Act 2013 Part 2 applies to this Act.
13
14 Division 11 -- Evidence Act 1906 amended
15 59. Act amended
16 This Division amends the Evidence Act 1906.
17 60. Section 5A inserted
18 After section 4 insert:
19
20 5A. Courts and Tribunals (Electronic Processes
21 Facilitation) Act 2013 Part 2 applies
22 The Courts and Tribunals (Electronic Processes
23 Facilitation) Act 2013 Part 2 applies to this Act (other
24 than section 19B).
25
page 24
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Amendments to other Acts Part 3
Evidence Act 1906 amended Division 11
s. 61
1 61. Section 12 amended
2 In section 12(4) delete "in writing under his hand".
3 62. Section 51 amended
4 In section 51 delete "under his hand" and insert:
5
6 signed by him or her
7
8 63. Section 54 amended
9 In section 54:
10 (a) after "impression" insert:
11
12 or image
13
14 (b) after "impressed" insert:
15
16 or applied
17
18 64. Section 55 amended
19 In section 55:
20 (a) after "impression" insert:
21
22 or image
23
24 (b) after "impressed" insert:
25
26 or applied
27
page 25
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Part 3 Amendments to other Acts
Division 11 Evidence Act 1906 amended
s. 65
1 65. Section 56 amended
2 In section 56 delete "seal purports to be attached or appended"
3 and insert:
4
5 seal, or an image of the signature or seal, purports to be
6 attached, appended or applied
7
8 66. Section 67 amended
9 (1) At the beginning of section 67 insert:
10
11 (1) In this section, a reference to a seal, stamp or signature
12 includes an image of a seal, stamp or signature.
13
14 (2) In section 67 delete "Whenever" and insert:
15
16 (2) Whenever
17
18 67. Section 68 amended
19 In section 68(1) delete "under the hand of " and insert:
20
21 and signed by
22
23 68. Section 73B amended
24 In section 73B(3) delete "by prepaid post".
page 26
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Amendments to other Acts Part 3
Evidence Act 1906 amended Division 11
s. 69
1 69. Section 73BA inserted
2 After section 73B insert:
3
4 73BA. Authenticated copies of certain public documents
5 etc. admissible without further proof
6 (1) In this section --
7 authenticated copy, in relation to a document or
8 official record to which this section applies, means a
9 copy of the document or official record that is
10 authenticated in accordance with any regulations or
11 rules of court as being produced from an electronic
12 version of the document or official record.
13 (2) This section applies to --
14 (a) a document that is at any time filed in a court
15 and is recorded in electronic form; and
16 (b) the official record of any proceedings in a
17 court, if the official record is kept in electronic
18 form.
19 (3) An authenticated copy of a document or official record
20 to which this section applies is admissible in evidence
21 without further proof as if it were the document or
22 official record of which it is an authenticated copy.
23 (4) If the registrar, clerk or proper officer of a court is
24 served with legal process to produce, in a court or
25 before a person acting judicially, a document or official
26 record to which this section applies, it is sufficient
27 answer to that process if the person to whom it is
28 addressed provides or makes available to the registrar,
29 clerk or proper officer of the court in which the
30 document or official record is to be produced or the
31 person before whom the document or official record is
page 27
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Part 3 Amendments to other Acts
Division 11 Evidence Act 1906 amended
s. 70
1 to be produced an authenticated copy of the document
2 or official record.
3
4 70. Sections 82 to 88 deleted
5 (1) Delete the heading before section 82.
6 (2) Delete sections 82 to 88.
7 71. Section 109 amended
8 In section 109(1) in the definition of examination delete "letter
9 of ".
10 72. Section 110 amended
11 In section 110(1)(c) delete "letter of ".
12 73. Section 133 inserted
13 After section 132 insert:
14
15 Regulations and rules of court for purposes of Courts and
16 Tribunals (Electronic Processes Facilitation) Act 2013 Part 2
17 133. Regulations and rules of court for purposes of
18 Courts and Tribunals (Electronic Processes
19 Facilitation) Act 2013 Part 2
20 (1) The Governor may make regulations prescribing all
21 matters that are necessary or convenient to be
22 prescribed for giving effect to the purposes of the
23 Courts and Tribunals (Electronic Processes
24 Facilitation) Act 2013 Part 2 as applied by section 5A.
25 (2) The power of an authority to make rules of court
26 extends to making rules of court prescribing all matters
27 that are necessary or convenient to be prescribed for
28 giving effect to the purposes of the Courts and
page 28
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Amendments to other Acts Part 3
Fines, Penalties and Infringement Notices Enforcement Act Division 12
1994 amended
s. 74
1 Tribunals (Electronic Processes Facilitation) Act 2013
2 Part 2 as applied by section 5A.
3 (3) The Courts and Tribunals (Electronic Processes
4 Facilitation) Act 2013 section 20(3) and (4) apply as if
5 the power conferred by subsections (1) and (2) of this
6 section were a power conferred by section 20(1) or (2)
7 of that Act.
8 (4) This section does not limit or affect any other power in
9 this Act or any other written law to make regulations or
10 rules of court.
11
12 Division 12 -- Fines, Penalties and Infringement Notices
13 Enforcement Act 1994 amended
14 74. Act amended
15 This Division amends the Fines, Penalties and Infringement
16 Notices Enforcement Act 1994.
17 75. Section 5A amended
18 (1) Delete section 5A(1) and insert:
19
20 (1) If under this Act information or a document or notice
21 must or may be given to or served on a person, it may,
22 with the consent of that person or in other
23 circumstances specified in the regulations, be given or
24 served by electronic means in accordance with the
25 regulations.
26
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Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Part 3 Amendments to other Acts
Division 12 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 76
1 (2) In section 5A(2):
2 (a) delete paragraph (a) and insert:
3
4 (a) any document that under this Act must be
5 served personally, other than any of the
6 following --
7 (i) an order to attend for work and
8 development under section 47 or 47A;
9 (ii) a work and development order;
10
11 (b) delete paragraphs (b), (c) and (e).
12 76. Section 5B inserted
13 At the end of Part 1 insert:
14
15 5B. Courts and Tribunals (Electronic Processes
16 Facilitation) Act 2013 Part 2 applies
17 (1) The Courts and Tribunals (Electronic Processes
18 Facilitation) Act 2013 Part 2 applies to this Act.
19 (2) Subsection (1) is subject to section 5A(2).
20
21 77. Section 10B inserted
22 At the end of Part 2 insert:
23
24 10B. Registrar to keep record of outstanding fines and
25 other amounts payable by young persons
26 (1) In this section --
27 relevant amount means --
28 (a) a fine to which the Young Offenders Act 1994
29 section 65(1)(a) applies; or
page 30
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Amendments to other Acts Part 3
Fines, Penalties and Infringement Notices Enforcement Act Division 12
1994 amended
s. 77
1 (b) a bail undertaking to which the Young
2 Offenders Act 1994 section 65(1)(b) applies; or
3 (c) a recognisance to which the Young Offenders
4 Act 1994 section 65(1)(c) applies;
5 young person has the meaning given in the Young
6 Offenders Act 1994 section 3.
7 (2) The Registrar must maintain a record of all relevant
8 amounts to which this section applies, including details
9 of --
10 (a) the young person by whom the relevant amount
11 is payable; and
12 (b) the time specified by the court within which the
13 relevant amount is to be paid; and
14 (c) any order of the court that the relevant amount
15 is to be paid in instalments; and
16 (d) the payment of the relevant amount or of any
17 instalment of the relevant amount; and
18 (e) when the young person by whom the relevant
19 amount is payable has defaulted in the payment
20 of the relevant amount or of any instalment of
21 the relevant amount.
22 (3) As soon as practicable after the record maintained by
23 the Registrar under subsection (2) indicates that, in
24 relation to a relevant amount, a young person has
25 defaulted in the payment of the relevant amount or of
26 any instalment of the relevant amount, the Registrar
27 must notify the default to --
28 (a) in the case of a fine, the court that imposed the
29 fine; or
30 (b) in the case of a bail undertaking or a
31 recognisance, the court that ordered the bail
32 undertaking or recognisance to be forfeited.
33
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Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Part 3 Amendments to other Acts
Division 12 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 78
1 78. Section 27B amended
2 In section 27B delete "sections 34 and 35 (other than
3 sections 34(2) and 35(2))," and insert:
4
5 sections 34 and 35,
6
7 79. Section 28 amended
8 In section 28(1) delete the definition of time to pay order and
9 insert:
10
11 time to pay order, except in sections 55A and 55B --
12 (a) means an order made under section 33(4); and
13 (b) includes an amended time to pay order;
14
15 80. Part 4 Division 2 Subdivision 1 heading amended
16 In the heading to Part 4 Division 2 Subdivision 1 delete "court
17 officers" and insert:
18
19 Registrar
20
21 81. Section 32 replaced
22 Delete section 32 and insert:
23
24 32. Offender must pay fine or get time to pay order
25 (1) When a fine is imposed, an offender must either --
26 (a) pay the fine; or
27 (b) apply for a time to pay order in respect of the
28 fine.
page 32
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Amendments to other Acts Part 3
Fines, Penalties and Infringement Notices Enforcement Act Division 12
1994 amended
s. 81
1 (2) When a fine is imposed --
2 (a) the fine is to be taken to be registered; but
3 (b) the Registrar must not take any action under
4 section 42 or 47A in relation to the fine
5 unless --
6 (i) a period of 28 days after the day on
7 which the fine was imposed has elapsed;
8 and
9 (ii) the offender has not, within that period,
10 either paid the fine or applied for a time
11 to pay order in respect of the fine, or the
12 offender's application for a time to pay
13 order in respect of the fine has been
14 refused.
15 (3) Subsection (2)(b) does not apply if, at the time the fine
16 is first taken to be registered --
17 (a) another fine imposed on the offender, or any
18 other amount payable by the offender, is
19 already registered under this Part, and the fine
20 or amount has not been paid and no time to pay
21 order has been obtained in respect of the fine or
22 amount; or
23 (b) one of the methods of enforcement available
24 under Division 3 (which includes an order to
25 attend for work and development and a WDO)
26 is already being invoked in respect of a fine
27 imposed on, or an amount payable by, the
28 offender; or
29 (c) the Registrar is already taking action under
30 section 55D(1) in respect of a fine imposed on,
31 or an amount payable by, the offender.
32 (4) This section is subject to --
33 (a) the Sentencing Act 1995 sections 57A, 58
34 and 59; and
page 33
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Part 3 Amendments to other Acts
Division 12 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 82
1 (b) section 53(2).
2 (5) If a fine has been imposed before the date on which the
3 Courts and Tribunals (Electronic Processes
4 Facilitation) Act 2013 section 81 comes into operation
5 (the commencement date) --
6 (a) this section applies to and in relation to the fine
7 only if the fine has not been paid before the
8 commencement date; and
9 (b) subsection (2) does not apply to or in relation to
10 the fine if --
11 (i) the fine has been registered before the
12 commencement date; and
13 (ii) that registration has not been cancelled
14 before the commencement date;
15 and
16 (c) if a time to pay order is in force in respect of
17 the fine immediately before the commencement
18 date, that time to pay order continues in force
19 under and subject to this Division.
20
21 82. Section 33 amended
22 (1) In section 33(1) delete "a court officer" and insert:
23
24 the Registrar
25
26 (2) Delete section 33(2) and insert:
27
28 (2) An application for a time to pay order in respect of a
29 fine cannot be made later than the 28th day after the day
30 on which the fine was imposed.
31
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Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Amendments to other Acts Part 3
Fines, Penalties and Infringement Notices Enforcement Act Division 12
1994 amended
s. 83
1 (3) In section 33(3) delete "court officer" and insert:
2
3 Registrar
4
5 (4) In section 33(4) delete "court officer," and insert:
6
7 Registrar,
8
9 (5) In section 33(5) delete "A court officer" and insert:
10
11 The Registrar
12
13 (6) In section 33(8) delete "a court officer" and insert:
14
15 the Registrar
16
17 83. Section 34 amended
18 (1) In section 34(1) delete "court officer" and insert:
19
20 Registrar
21
22 (2) Delete section 34(2).
23 (3) In section 34(3) delete "court officer" and insert:
24
25 Registrar
26
page 35
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Part 3 Amendments to other Acts
Division 12 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 84
1 (4) In section 34(4) delete "court officer," and insert:
2
3 Registrar,
4
5 (5) In section 34(6) delete "a court officer" and insert:
6
7 the Registrar
8
9 84. Section 35 amended
10 (1) In section 35(1) delete "A court officer" and insert:
11
12 The Registrar
13
14 (2) In section 35(2) delete "registered or".
15 (3) In section 35(4) delete "court officer," and insert:
16
17 Registrar,
18
19 (4) In section 35(6):
20 (a) delete "A court officer" and insert:
21
22 The Registrar
23
24 (b) delete "court officer" (last occurrence) and insert:
25
26 Registrar
27
28 Note: The heading to amended section 35 is to read:
29 Registrar may amend time to pay order
page 36
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Amendments to other Acts Part 3
Fines, Penalties and Infringement Notices Enforcement Act Division 12
1994 amended
s. 85
1 85. Section 35A amended
2 In section 35A delete "a court officer" and insert:
3
4 the Registrar
5
6 86. Sections 36 and 37 replaced
7 Delete sections 36 and 37 and insert:
8
9 36. Registrar may cancel time to pay order
10 (1) The Registrar, without notice to the offender, may
11 cancel a time to pay order if the offender --
12 (a) contravenes the order; or
13 (b) contravenes a request made under
14 section 35(1).
15 (2) If the Registrar cancels a time to pay order, the
16 Registrar may take any action in relation to the fine
17 that the Registrar is authorised to take under section 42
18 or 47A or 55D.
19 37. Registrar's decision is final
20 The decision of the Registrar under this Subdivision is
21 final.
22 38A. Transitional provisions for Courts and Tribunals
23 (Electronic Processes Facilitation) Act 2013
24 An application under this Subdivision to a court officer
25 that has been made but not decided before the Courts
26 and Tribunals (Electronic Processes Facilitation)
27 Act 2013 section 86 comes into operation is to be taken
28 to have been made to the Registrar, and is to be dealt
29 with accordingly.
30
page 37
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Part 3 Amendments to other Acts
Division 12 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 87
1 87. Part 4 Division 2 Subdivision 2 heading amended
2 In the heading to Part 4 Division 2 Subdivision 2 delete "court
3 officers cannot make time to pay orders" and insert:
4
5 time to pay orders cannot be made
6
7 88. Section 41 amended
8 Delete section 41(2) and (6).
9 89. Section 48A replaced
10 Delete section 48A and insert:
11
12 48A. Order to attend for work and development:
13 cancellation
14 (1) This section applies if --
15 (a) an order to attend for work and development is
16 issued under section 47 or 47A; and
17 (b) it is not reasonably practicable to serve the
18 order on the offender --
19 (i) personally; or
20 (ii) by electronic means under
21 section 5A(1).
22 (2) If this section applies, the Registrar may cancel the
23 order to attend for work and development and make or
24 again make a licence suspension order in respect of the
25 offender.
26 (3) For the purposes of subsection (2), section 43(2) to (9)
27 (but not section 43(4)), with any necessary changes,
28 apply.
page 38
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Amendments to other Acts Part 3
Fines, Penalties and Infringement Notices Enforcement Act Division 12
1994 amended
s. 90
1 (4) A licence suspension order --
2 (a) may be made even if section 42 has not been
3 complied with; but
4 (b) cannot be made if a time to pay order under
5 section 33 is in force in respect of the person
6 and the amount owed.
7
8 90. Section 53A amended
9 Delete section 53A(2) and insert:
10
11 (2) For the purposes of subsection (1), section 43(2) to (9)
12 (but not section 43(4)), with any necessary changes,
13 apply.
14 (3) A licence suspension order --
15 (a) may be made even if section 42 has not been
16 complied with; but
17 (b) cannot be made if a time to pay order under
18 section 33 is in force in respect of the person
19 and the amount owed.
20
21 91. Section 55B amended
22 In section 55B delete "sections 34 and 35 (other than
23 sections 34(2) and 35(2))," and insert:
24
25 sections 34 and 35,
26
page 39
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Part 3 Amendments to other Acts
Division 12 Fines, Penalties and Infringement Notices Enforcement Act
1994 amended
s. 92
1 92. Section 56B amended
2 In section 56B(d) delete "section 55A" and insert:
3
4 section 33 or 55A
5
6 93. Section 56 amended
7 Before section 56(c) insert:
8
9 (ca) any amount of a recognisance entered into by
10 an offender under the Young Offenders
11 Act 1994 section 69, in any case where any
12 amount of the recognisance is ordered to be
13 forfeited and --
14 (i) section 64 of that Act applies to the
15 payment and enforcement of the amount
16 concerned; or
17 (ii) under section 65(3)(a) of that Act, the
18 court must register the amount forfeited
19 under this Act;
20 or
21
22 94. Section 59A inserted
23 At the end of Part 5 insert:
24
25 59A. Automatic registration of amounts payable
26 (1) Subsection (2) applies to the following orders --
27 (a) an order to which section 56(a) applies, other
28 than an order to which the Young Offenders
29 Act 1994 section 65(1)(b) applies;
page 40
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Amendments to other Acts Part 3
Magistrates Court Act 2004 amended Division 13
s. 95
1 (b) an order to which section 56(ca)(i) or (c), 57
2 or 58 applies.
3 (2) When an order to which this subsection applies is
4 made, the amount that is ordered to be forfeited under
5 the order is to be taken to be registered under Part 4 as
6 if the amount were a fine.
7 (3) If, under the Young Offenders Act 1994
8 section 65(3)(a), the court must register the amount of
9 a forfeited bail undertaking or forfeited recognisance
10 under this Act, the amount that is forfeited is to be
11 taken to be registered under Part 4 as if the amount
12 were a fine.
13 (4) This section does not limit the operation of Part 4 as
14 applied by section 56, 57 or 58.
15 (5) This section does not apply to or in relation to an order
16 to which section 56, 57 or 58 applies if the order was
17 made before the Courts and Tribunals (Electronic
18 Processes Facilitation) Act 2013 section 94 came into
19 operation.
20
21 95. Section 105 deleted
22 Delete section 105.
23 Division 13 -- Magistrates Court Act 2004 amended
24 96. Act amended
25 This Division amends the Magistrates Court Act 2004.
page 41
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Part 3 Amendments to other Acts
Division 14 Prisoners (Interstate Transfer) Act 1983 amended
s. 97
1 97. Section 4A inserted
2 At the end of Part 1 insert:
3
4 4A. Courts and Tribunals (Electronic Processes
5 Facilitation) Act 2013 Part 2 applies
6 The Courts and Tribunals (Electronic Processes
7 Facilitation) Act 2013 Part 2 applies to this Act.
8
9 Division 14 -- Prisoners (Interstate Transfer) Act 1983 amended
10 98. Act amended
11 This Division amends the Prisoners (Interstate Transfer)
12 Act 1983.
13 99. Section 12 amended
14 In section 12(1) delete "in writing".
15 100. Section 14 amended
16 In section 14(2) delete "order in writing," and insert:
17
18 order,
19
20 101. Section 30 amended
21 In section 30(2) delete "warrant under his hand --" and insert:
22
23 warrant --
24
page 42
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Amendments to other Acts Part 3
Prisons Act 1981 amended Division 15
s. 102
1 Division 15 -- Prisons Act 1981 amended
2 102. Act amended
3 This Division amends the Prisons Act 1981.
4 103. Section 85 amended
5 In section 85(1) delete "written".
6 Division 16 -- Prohibited Behaviour Orders Act 2010 amended
7 104. Act amended
8 This Division amends the Prohibited Behaviour Orders
9 Act 2010.
10 105. Section 5A inserted
11 At the end of Part 1 insert:
12
13 5A. Courts and Tribunals (Electronic Processes
14 Facilitation) Act 2013 Part 2 applies
15 The Courts and Tribunals (Electronic Processes
16 Facilitation) Act 2013 Part 2 applies to this Act.
17
18 106. Section 33 amended
19 (1) After section 33(1)(a) insert:
20
21 (ba) given to the person electronically in accordance
22 with the regulations; or
23
page 43
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Part 3 Amendments to other Acts
Division 17 Restraining Orders Act 1997 amended
s. 107
1 (2) After section 33(2)(a) insert:
2
3 (ba) if it is given electronically -- the notice must
4 be given at least the prescribed number of days
5 before the hearing date; or
6
7 Division 17 -- Restraining Orders Act 1997 amended
8 107. Act amended
9 This Division amends the Restraining Orders Act 1997.
10 108. Section 3 amended
11 In section 3 insert in alphabetical order:
12
13 remote communication means any way of
14 communicating at a distance, including by telephone,
15 fax, radio, video conference or email;
16
17 109. Section 8A inserted
18 At the end of Part 1 insert:
19
20 8A. Courts and Tribunals (Electronic Processes
21 Facilitation) Act 2013 Part 2 applies
22 The Courts and Tribunals (Electronic Processes
23 Facilitation) Act 2013 Part 2 applies to this Act.
24
25 110. Section 19 amended
26 (1) Delete section 19(b) and insert:
27
28 (b) may be made by remote communication; and
29
page 44
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Amendments to other Acts Part 3
Restraining Orders Act 1997 amended Division 17
s. 111
1 (2) After section 19(a) insert:
2
3 and
4
5 111. Section 21 amended
6 Delete section 21(1) and insert:
7
8 (1) The hearing of a telephone application may be
9 conducted by remote communication in whatever
10 manner the authorised magistrate considers
11 appropriate.
12
13 112. Section 28 amended
14 Delete section 28(2).
15 113. Section 50D amended
16 In section 50D(2)(a) delete "care and protection within the
17 meaning of the Child Welfare Act 1947; or" and insert:
18
19 protection as defined in the Children and Community Services
20 Act 2004 section 3; or
21
22 114. Section 54 amended
23 After section 54(1)(a) insert:
24
25 (ba) electronically, in accordance with the
26 regulations, at least 7 days before the hearing
27 date, if the person to whom it is directed
28 consents to service in that manner; or
29
page 45
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Part 3 Amendments to other Acts
Division 17 Restraining Orders Act 1997 amended
s. 115
1 115. Section 55 amended
2 (1) In section 55(1)(a) after "oral" insert:
3
4 or electronic
5
6 (2) Delete section 55(2) and insert:
7
8 (2) If the registrar is satisfied that reasonable efforts have
9 been made to serve a restraining order personally, the
10 registrar may authorise --
11 (a) oral service of the order; or
12 (b) electronic service of the order in accordance
13 with the regulations.
14
15 (3) In section 55(3) delete "subsection (4) --" and insert:
16
17 subsection (4) or electronically in accordance with the
18 regulations --
19
20 116. Section 56 amended
21 (1) After section 56(1)(a) insert:
22
23 (ba) electronically in accordance with the
24 regulations, if the person consents to
25 notification in that manner; or
26
27 (2) In section 56(2)(a) delete "personally," and insert:
28
29 personally or electronically,
30
page 46
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Amendments to other Acts Part 3
Restraining Orders Act 1997 amended Division 17
s. 117
1 (3) After section 56(3)(a) insert:
2
3 (ba) given to the person electronically in accordance
4 with the regulations, if the person consents to
5 delivery in that manner; or
6
7 117. Section 58 amended
8 (1) After section 58(1)(a) insert:
9
10 (ba) electronically served on a person the requisite
11 copy or copies of a summons or restraining
12 order in accordance with this Division; or
13
14 (2) In section 58(2)(a) after "personally" insert:
15
16 or electronically
17
18 (3) After section 58(1)(a) insert:
19
20 or
21
22 118. Section 61A amended
23 After section 61A(7) insert:
24
25 (8) In subsection (7) --
26 written reasons includes reasons that are --
27 (a) given orally and subsequently transcribed; or
28 (b) given orally but also recorded electronically in
29 a format that enables them to be subsequently
30 transcribed.
31
page 47
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Part 3 Amendments to other Acts
Division 18 Sentencing Act 1995 amended
s. 119
1 119. Section 62D amended
2 In section 62D(8) delete the definition of remote
3 communication.
4 120. Section 67 amended
5 (1) In section 67(2) delete "is to make a written record of the" and
6 insert:
7
8 must give written
9
10 (2) After section 67(2) insert:
11
12 (3A) In subsection (2) --
13 written reasons includes reasons that are --
14 (a) given orally and subsequently transcribed; or
15 (b) given orally but also recorded electronically in
16 a format that enables them to be subsequently
17 transcribed.
18
19 121. Section 71 amended
20 Delete section 71(5)(a) and insert:
21
22 (a) has been served on the restrained person by
23 post or electronically; and
24
25 Division 18 -- Sentencing Act 1995 amended
26 122. Act amended
27 This Division amends the Sentencing Act 1995.
page 48
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Amendments to other Acts Part 3
Sentencing Act 1995 amended Division 18
s. 123
1 123. Section 4A inserted
2 After section 3 insert:
3
4 4A. Courts and Tribunals (Electronic Processes
5 Facilitation) Act 2013 Part 2 applies
6 The Courts and Tribunals (Electronic Processes
7 Facilitation) Act 2013 Part 2 applies to this Act.
8
9 124. Section 14 amended
10 Delete section 14(6) and insert:
11
12 (6) Unless the court directs that a summons issued under
13 subsection (5) be served personally, the summons is to
14 be served --
15 (a) by pre-paid post; or
16 (b) electronically in accordance with the
17 regulations.
18
19 125. Section 33A amended
20 Delete section 33A(7) and insert:
21
22 (7) In subsection (6) --
23 written reasons includes reasons that are --
24 (a) given orally and subsequently transcribed; or
25 (b) given orally but also recorded electronically in
26 a format that enables them to be subsequently
27 transcribed.
28
page 49
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Part 3 Amendments to other Acts
Division 18 Sentencing Act 1995 amended
s. 126
1 126. Section 35 amended
2 (1) Delete section 35(2).
3 (2) Delete section 35(4) and insert:
4
5 (4) In subsection (1) --
6 written reasons includes reasons that are --
7 (a) given orally and subsequently transcribed; or
8 (b) given orally but also recorded electronically in
9 a format that enables them to be subsequently
10 transcribed.
11
12 127. Section 38 amended
13 Delete section 38(2) and insert:
14
15 (2) The review --
16 (a) is to be based on an examination, in the absence
17 of the parties, of the court documents relevant
18 to the offence (whether the original documents
19 or copies, or some other form of the documents
20 prescribed by the regulations or rules of court);
21 and
22 (b) is not to involve a hearing.
23
24 128. Section 80 amended
25 (1) In section 80(4) delete "state its" and insert:
26
27 give written
28
page 50
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Amendments to other Acts Part 3
Sentencing Act 1995 amended Division 18
s. 129
1 (2) After section 80(4) insert:
2
3 (5A) In subsection (4) --
4 written reasons includes reasons that are --
5 (a) given orally and subsequently transcribed; or
6 (b) given orally but also recorded electronically in
7 a format that enables them to be subsequently
8 transcribed.
9
10 129. Section 84F amended
11 (1) In section 84F(4) delete "state its" and insert:
12
13 give written
14
15 (2) After section 84F(4) insert:
16
17 (5A) In subsection (4) --
18 written reasons includes reasons that are --
19 (a) given orally and subsequently transcribed; or
20 (b) given orally but also recorded electronically in
21 a format that enables them to be subsequently
22 transcribed.
23
24 130. Section 84K amended
25 After section 84K(6) insert:
26
27 (7) A certificate by a court under subsection (6) is, in the
28 absence of evidence to the contrary, evidence of its
29 contents.
30
page 51
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Part 3 Amendments to other Acts
Division 19 State Administrative Tribunal Act 2004 amended
s. 131
1 131. Section 120A amended
2 Delete section 120A(2) and insert:
3
4 (2) On receiving a request under subsection (1), and if
5 satisfied that the restitution order is in force, the Sheriff
6 may --
7 (a) seize the property and deliver it to the victim;
8 and
9 (b) for the purposes of seizing the property, enter
10 any place where the Sheriff reasonably believes
11 the property may be.
12
13 Division 19 -- State Administrative Tribunal Act 2004 amended
14 132. Act amended
15 This Division amends the State Administrative Tribunal
16 Act 2004.
17 133. Section 7A inserted
18 At the end of Part 1 insert:
19
20 7A. Courts and Tribunals (Electronic Processes
21 Facilitation) Act 2013 Part 2 applies
22 The Courts and Tribunals (Electronic Processes
23 Facilitation) Act 2013 Part 2 applies to this Act.
24
25 Division 20 -- Supreme Court Act 1935 amended
26 134. Act amended
27 This Division amends the Supreme Court Act 1935.
page 52
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Amendments to other Acts Part 3
Young Offenders Act 1994 amended Division 21
s. 135
1 135. Section 6A inserted
2 At the end of Part I insert:
3
4 6A. Courts and Tribunals (Electronic Processes
5 Facilitation) Act 2013 Part 2 applies
6 The Courts and Tribunals (Electronic Processes
7 Facilitation) Act 2013 Part 2 applies to this Act.
8
9 Division 21 -- Young Offenders Act 1994 amended
10 136. Act amended
11 This Division amends the Young Offenders Act 1994.
12 137. Section 6A inserted
13 At the end of Part 1 insert:
14
15 6A. Courts and Tribunals (Electronic Processes
16 Facilitation) Act 2013 Part 2 applies
17 The Courts and Tribunals (Electronic Processes
18 Facilitation) Act 2013 Part 2 applies to this Act.
19
20 138. Section 43 amended
21 (1) Delete section 43(5) and insert:
22
23 (5) A copy of a notice to attend court issued to a young
24 person is to be given to a person who is a responsible
25 adult in one of the following ways --
26 (a) by serving it personally on the responsible
27 adult;
page 53
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Part 3 Amendments to other Acts
Division 21 Young Offenders Act 1994 amended
s. 138
1 (b) by giving it electronically to the responsible
2 adult in accordance with the regulations;
3 (c) by sending it by post to the address of the
4 responsible adult.
5 (6A) However, subsection (5) does not apply if, after
6 reasonable enquiry --
7 (a) neither the whereabouts nor the address of the
8 responsible adult can be ascertained; and
9 (b) a way of giving a copy of the notice
10 electronically to the responsible adult in
11 accordance with the regulations cannot be
12 found.
13
14 (2) Delete section 43(6)(d) and insert:
15
16 (da) the person electronically gave to a person who
17 is a responsible adult a copy of a notice to
18 attend court; or
19 (d) after the person has made reasonable
20 enquiry --
21 (i) neither the whereabouts nor the address
22 of a responsible adult could be
23 ascertained; and
24 (ii) a way of giving a copy of the notice
25 electronically to a responsible adult in
26 accordance with the regulations could
27 not be found,
28
page 54
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Amendments to other Acts Part 3
Young Offenders Act 1994 amended Division 21
s. 139
1 139. Section 45 amended
2 In section 45(1) delete "personally on" and insert:
3
4 (either personally, or electronically in accordance with the
5 regulations) on a person who is a responsible adult,
6
7 140. Section 64 amended
8 (1) In section 64 delete "If a young person" and insert:
9
10 (1) If a young person
11
12 (2) At the end of section 64 insert:
13
14 (2) Without limiting subsection (1) --
15 (a) the Fines, Penalties and Infringement Notices
16 Enforcement Act 1994 section 32(2) applies to
17 and in relation to a fine to which
18 subsection (1)(a) applies; and
19 (b) section 59A(2) of that Act applies to and in
20 relation to --
21 (i) a forfeited bail undertaking to which
22 subsection (1)(b) applies; and
23 (ii) a forfeited recognisance to which
24 subsection (1)(c) applies.
25
26 141. Section 65 amended
27 (1) After section 65(2) insert:
28
29 (3A) The Fines, Penalties and Infringement Notices
30 Enforcement Act 1994 section 10B applies to fines,
page 55
Courts and Tribunals (Electronic Processes Facilitation) Bill 2013
Part 3 Amendments to other Acts
Division 21 Young Offenders Act 1994 amended
s. 142
1 forfeited bail undertakings and forfeited recognisances
2 to which subsection (1) applies.
3
4 (2) After section 65(3) insert:
5
6 (4A) If, under subsection (3)(a), the court must register a
7 fine or the amount of a forfeited undertaking or
8 forfeited recognisance under the Fines, Penalties and
9 Infringement Notices Enforcement Act 1994, then --
10 (a) in the case of a fine, section 32(2) of that Act
11 applies to and in relation to the fine; and
12 (b) in the case of a forfeited undertaking or
13 forfeited recognisance, section 59A(3) of that
14 Act applies to and in relation to the amount
15 forfeited.
16
17 142. Section 120 amended
18 (1) In section 120(2) delete "record in writing the" and insert:
19
20 give written
21
22 (2) After section 120(2) insert:
23
24 (3) In subsection (2) --
25 written reasons includes reasons that are --
26 (a) given orally and subsequently transcribed; or
27 (b) given orally but also recorded electronically in
28 a format that enables them to be subsequently
29 transcribed.
30
31
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