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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Courts Legislation Amendment Bill 2017
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Civil Judgments
Enforcement Act 2004 amended
3. Act amended 3
4. Section 120 amended 3
5. Section 122 inserted 3
122. Validation of certain fees imposed 3
Part 3 -- Magistrates Court Act 2004
amended
6. Act amended 5
7. Schedule 1 clause 2 amended 5
8. Schedule 1 clause 9 amended 5
9. Schedule 1 clause 11 amended 6
Part 4 -- Supreme Court Act 1935
amended
10. Act amended 7
11. Section 31 deleted 7
23--2B page i
Western Australia
LEGISLATIVE COUNCIL
(As amended in Committee)
Courts Legislation Amendment Bill 2017
A Bill for
An Act to amend --
• the Civil Judgments Enforcement Act 2004; and
• the Magistrates Court Act 2004; and
• the Supreme Court Act 1935.
The Parliament of Western Australia enacts as follows:
page 1
Courts Legislation Amendment Bill 2017
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Courts Legislation Amendment Act 2017.
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 the day after that day.
page 2
Courts Legislation Amendment Bill 2017
Civil Judgments Enforcement Act 2004 amended Part 2
s. 3
1 Part 2 -- Civil Judgments Enforcement
2 Act 2004 amended
3 3. Act amended
4 This Part amends the Civil Judgments Enforcement Act 2004.
5 4. Section 120 amended
6 After section 120(2) insert:
7
8 (3) Without limiting section 119(1), regulations may
9 provide for or prescribe the fees to be paid for the
10 registration of a judgment under the Service and
11 Execution of Process Act 1992 (Commonwealth)
12 section 105(1).
13
14 5. Section 122 inserted
15 At the end of Part 8 insert:
16
17 122. Validation of certain fees imposed
18 Any fee for the registration, in this State, of a judgment
19 under the Service and Execution of Process Act 1992
20 (Commonwealth) section 105(1) imposed before the
21 Courts Legislation Amendment Act 2017 section 4 (the
22 CLAA section 4) comes into operation --
23 (a) is taken to be, and to have always been, as
24 validly imposed as it would have been if it had
25 been imposed under this Act as amended by the
26 CLAA section 4; and
page 3
Courts Legislation Amendment Bill 2017
Part 2 Civil Judgments Enforcement Act 2004 amended
s. 5
1 (b) if paid, is taken to be, and to have always been,
2 as validly paid as it would have been if it had
3 been paid under this Act as amended by the
4 CLAA section 4.
5
page 4
Courts Legislation Amendment Bill 2017
Magistrates Court Act 2004 amended Part 3
s. 6
1 Part 3 -- Magistrates Court Act 2004 amended
2 6. Act amended
3 This Part amends the Magistrates Court Act 2004.
4 7. Schedule 1 clause 2 amended
5 In Schedule 1 clause 2(2)(b) delete "65" and insert:
6
7 70
8
9 8. Schedule 1 clause 9 amended
10 (1) In Schedule 1 clause 9(2) delete paragraphs (b) and (c) and
11 insert:
12
13 (b) a person who would, but for the fact that he or
14 she has attained the age referred to in
15 clause 2(2)(b), be qualified to be appointed as a
16 magistrate or an acting magistrate; or
17 (c) a person who is a retired magistrate but has not
18 yet attained 70 years of age,
19 for such period not exceeding 12 months as is specified
20 in that instrument.
21
22 (2) In Schedule 1 clause 9(3) delete "but the period must not extend
23 beyond when the appointee reaches 70 years of age;".
24 (3) In Schedule 1 insert after clause 9(3):
25
26 (3A) An appointment under clause 9(2) may be extended by
27 the Governor by instrument for a further period or
28 periods, but that appointment can only be extended on
page 5
Courts Legislation Amendment Bill 2017
Part 3 Magistrates Court Act 2004 amended
s. 9
1 any one occasion for such period not exceeding
2 12 months as is specified in the relevant instrument.
3
4 9. Schedule 1 clause 11 amended
5 In Schedule 1 clause 11(1)(a) delete "65" and insert:
6
7 70
8
page 6
Courts Legislation Amendment Bill 2017
Supreme Court Act 1935 amended Part 4
s. 10
1 Part 4 -- Supreme Court Act 1935 amended
2 10. Act amended
3 This Part amends the Supreme Court Act 1935.
4 11. Section 31 deleted
5 Delete section 31.
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