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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Courts Legislation Amendment Bill 2012 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Criminal Procedure Act 2004 amended 3. Act amended 3 4. Section 124 amended 3 Part 3 -- Magistrates Court (Civil Proceedings) Act 2004 amended 5. Act amended 5 6. Section 40 amended 5 7. Section 42 amended 5 309--1 page i Western Australia LEGISLATIVE COUNCIL Courts Legislation Amendment Bill 2012 A Bill for An Act to amend -- • the Criminal Procedure Act 2004; and • the Magistrates Court (Civil Proceedings) Act 2004. The Parliament of Western Australia enacts as follows: page 1 Courts Legislation Amendment Bill 2012 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Courts Legislation Amendment Act 2012. 4 2. Commencement 5 This Act comes into operation as follows -- 6 (a) sections 1 and 2 -- on the day on which this Act 7 receives the Royal Assent; 8 (b) the rest of the Act -- on a day fixed by proclamation, 9 and different days may be fixed for different provisions. page 2 Courts Legislation Amendment Bill 2012 Criminal Procedure Act 2004 amended Part 2 s. 3 1 Part 2 -- Criminal Procedure Act 2004 amended 2 3. Act amended 3 This Part amends the Criminal Procedure Act 2004. 4 4. Section 124 amended 5 (1) Delete section 124(5)(a) and insert: 6 7 (a) delegate to a registrar of the court any 8 jurisdiction the court has, including under any 9 written law, other than the following 10 jurisdiction -- 11 (i) to find a person guilty or not guilty of 12 an offence; 13 (ii) to discharge an accused from a charge; 14 (iii) to consent to the discontinuance of a 15 charge in a case where the accused does 16 not consent to the discontinuance; 17 (iv) to stay a prosecution; 18 (v) to set aside a committal; 19 (vi) to find a person guilty of a contempt of 20 the court; 21 22 (2) After section 124(5) insert: 23 24 (6) A person dissatisfied by a decision made by a registrar 25 of the court under jurisdiction delegated under 26 subsection (5)(a) may appeal to a judge of the court. 27 (7) An appeal cannot be commenced more than 21 days 28 after the date of the registrar's decision, unless a judge 29 of the court gives leave to do so. page 3 Courts Legislation Amendment Bill 2012 Part 2 Criminal Procedure Act 2004 amended s. 4 1 (8) The appeal must be conducted in accordance with the 2 rules of court. 3 (9) The appeal is to be by way of a new hearing of the 4 issue that was before the registrar. 5 page 4 Courts Legislation Amendment Bill 2012 Magistrates Court (Civil Proceedings) Act 2004 amended Part 3 s. 5 1 Part 3 -- Magistrates Court (Civil Proceedings) 2 Act 2004 amended 3 5. Act amended 4 This Part amends the Magistrates Court (Civil Proceedings) 5 Act 2004. 6 6. Section 40 amended 7 Delete section 40(3) and insert: 8 9 (3) An appeal cannot be commenced more than 21 days 10 after the date of judgment, unless the District Court 11 gives leave to do so. 12 (4A) The appeal must be conducted in accordance with rules 13 of court made by the District Court. 14 15 7. Section 42 amended 16 Delete section 42(2) and insert: 17 18 (2) An appeal cannot be commenced more than 21 days 19 after the date of judgment, unless the Court of Appeal 20 gives leave to do so. 21 (3A) The appeal must be conducted in accordance with rules 22 of court made by the Supreme Court. 23
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