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SUPREME COURT AMENDMENT (ASSOCIATE JUDGES) BILL 2017

Serial 26
Supreme Court Amendment (Associate Judges) Bill 2017
Ms Fyles

A Bill for an Act to amend the Supreme Court Act, and for related purposes

NORTHERN TERRITORY OF AUSTRALIA

SUPREME COURT AMENDMENT (ASSOCIATE JUDGES) ACT 2017

____________________

Act No. [ ] of 2017

____________________

Table of provisions

90 Transitional matters for Supreme Court Amendment (Associate Judges) Act 2017

NORTHERN TERRITORY OF AUSTRALIA

____________________

Act No. [ ] of 2017

____________________

An Act to amend the Supreme Court Act, and for related purposes.

[Assented to [ ] 2017]

[Second reading [ ] 2017]

The Legislative Assembly of the Northern Territory enacts as follows:

Part 1 Preliminary matters
1 Short title

This Act may be cited as the Supreme Court Amendment (Associate Judges) Act 2017.

2 Commencement

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

Part 2 Amendment of Supreme Court Act
3 Act amended

This Part amends the Supreme Court Act.

4 Section 9 amended

(1) Section 9(1), definition Master

omit

(2) Section 9(1)

insert (in alphabetical order)

Associate Judge means an Associate Judge of the Court, and includes a person authorised to act in the office of Associate Judge.

5 Section 11 amended

(1) Section 11(1)

omit

Master

insert

Associate Judges

(2) Section 11(2)

omit

the Master, by the Master

insert

an Associate Judge, by an Associate Judge

6 Section 15 amended

Section 15(d)

omit

the Master

insert

an Associate Judge

7 Section 25 amended

(1) Section 25, heading

omit

Master, &c.

insert

Associate Judge, etc.

(2) Section 25(a) and (c)(i)

omit

the Master

insert

an Associate Judge

8 Section 26 amended

Section 26(1) and (3)

omit (all references)

the Master

insert

an Associate Judge

9 Section 27 amended

Section 27(1) and (2)

omit

the Master

insert

an Associate Judge

10 Section 28 amended

Section 28(c)

omit

the Master

insert

an Associate Judge

11 Section 29 amended

(1) Section 29, heading

omit

Master

insert

Associate Judges

(2) Section 29

omit

the Master

insert

an Associate Judge

(3) Section 29(a), (b) and (c)

omit (all references)

he

insert

the Associate Judge or referee

(4) Section 29(a)

omit

(but not including the power to commit for contempt)

12 Section 30 amended

Section 30

omit

the Master

insert

an Associate Judge

13 Section 33 amended

After section 33(4)

insert

(5) Associate Judges have seniority, as between themselves, according to:

(a) the dates on which their commissions took effect; or

(b) in the case of 2 or more commissions that took effect on the same date, according to the precedence assigned to them in their commissions.

14 Part II, Division 5A heading amended

Part II, Division 5A, heading

omit

Master

insert

Associate Judges

15 Section 41A amended

(1) Section 41A, heading

omit

Master

insert

Associate Judges

(2) Section 41A

omit

the Master

insert

an Associate Judge

16 Section 41B amended

Section 41B

omit

The Master

insert

An Associate Judge

17 Section 41C amended

(1) Section 41C(1)

omit

The Master

insert

An Associate Judge

(2) After section 41C(2)

insert

(3) The salary, allowances and other benefits to which an Associate Judge is entitled under subsection (1) must not be altered to the Associate Judge's detriment during the Associate Judge's term of office.

18 Section 41D amended

Section 41D

omit

The Master

insert

An Associate Judge

19 Section 41E amended

Section 41E

omit

The Master

insert

An Associate Judge

20 Section 41F amended

(1) Section 41F, heading

omit

Master

insert

Associate Judge

(2) Section 41F

omit

the Master from office if, and only if, the Master:

insert

an Associate Judge from office if, and only if, the Associate Judge:

21 Section 41G amended

(1) Section 41G

omit

the Master

insert

an Associate Judge

(2) Section 41G

omit

Public Service Act

insert

Public Sector Employment and Management Act

22 Section 41H amended

(1) Section 41H, heading

omit

Master

insert

Associate Judge

(2) Section 41H(1) and (2)

omit (all references)

of Master

insert

of Associate Judge

(3) Section 41H(1)(b)

omit

the Master

insert

an Associate Judge

23 Section 41J amended

(1) Section 41J(1)

omit

The Master

insert

An Associate Judge

(2) Section 41J(1) and (2)

omit

of Master

insert

of Associate Judge

24 Section 41K amended

(1) Section 41K, heading

omit

Master

insert

Associate Judge

(2) Section 41K(1) and (3)

omit

The Master

insert

An Associate Judge

(3) Section 41K(1) and (2)

omit

the Master

insert

an Associate Judge

25 Section 49 amended

Section 49(1) and (2)

omit (all references)

the Master

insert

an Associate Judge

26 Section 49A amended

(1) Section 49A, heading

omit

Master

insert

Associate Judges

(2) Section 49A

omit

the Master

insert

an Associate Judge

27 Section 53 amended

Section 53(4)

omit

the Master

insert

an Associate Judge

28 Section 55 amended

Section 55(2)(c)(i)

omit (all references)

the Master

insert

an Associate Judge

29 Section 83A amended

(1) Section 83A(3)(b)

omit, insert

(b) an Associate Judge;

(2) Section 83A(8)

omit

the Master

insert

an Associate Judge

30 Section 90 inserted

After section 89

insert

90 Transitional matters for Supreme Court Amendment (Associate Judges) Act 2017

(1) The person who is the Master of the Court immediately before the commencement day becomes a holder of the office of Associate Judge on the commencement day.

(2) Any service of the person as Master of the Court before the commencement day is taken, on and after the commencement day, to be service as an Associate Judge.

(3) The person:

(a) holds the office of Associate Judge on the same terms and conditions as those on which the person held the office of Master of the Court; and

(b) is not required to take an oath under section 41J.

(4) A proceeding that was before the Master of the Court immediately before the commencement day:

(a) becomes a proceeding before an Associate Judge; and

(b) continues uninterrupted and is not affected by the enactment of the Supreme Court Amendment (Associate Judges) Act 2017.

(5) A judgment given, order made or process issued by the Master of the Court before the commencement day has effect, on and after the commencement day, as if it were a judgment given, order made or process issued (as the case requires) by an Associate Judge.

(6) A reference (in an Act or other document) to the Master of the Court is taken to be a reference to an Associate Judge, unless the context otherwise requires.

(7) In this section:

commencement day means the day on which section 4 of the Supreme Court Amendment (Associate Judges) Act 2017 commences.

31 Schedule 2 amended

Schedule 2

omit

Master

insert

Associate Judge

Part 3 Amendment of Criminal Code
32 Act amended

This Part amends the Criminal Code.

33 Section 190 amended

(1) Section 190, before "Any"

insert

(1)

(2) Section 190, at the end

insert

(2) In this section:

judge means the following:

(a) a Judge or Associate Judge of the Supreme Court;

(b) a Local Court Judge.

Part 4 Amendment of Interpretation Act
34 Act amended

This Part amends the Interpretation Act.

35 Section 17 amended

Section 17

insert (in alphabetical order)

Associate Judge means an Associate Judge as defined in section 9(1) of the Supreme Court Act.

Part 5 Consequential amendments
36 Other laws amended

The Schedule amends the laws mentioned in it.

Part 6 Expiry of Act
37 Expiry of Act

This Act expires on the day after it commences.

Schedule Other laws amended

section 36

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