Northern Territory Numbered Acts

LOCAL COURT (REPEALS AND RELATED AMENDMENTS) ACT 2016 (NO 9 OF 2016) - SECT 89

Part 3, Division 9

repeal, insert

Division 9     Local Court Act

26     Act modified

This Division prescribes modifications to the Local Court Act .

26A     Modification of section 6 (Constitution of Court)

After section 6(5)

insert

    (6)     However, for exercising its cross-border jurisdiction the Court must be constituted by a Judge.

27     New Part 5, Division 1, Subdivision 3

After section 59

insert

Subdivision 3     Cross-border Judges

59A     Appointment of cross-border Judges

    (1)     If the Administrator is of the opinion that it is necessary to do so to facilitate the administration of justice in a cross-border region, the Administrator may appoint a magistrate of another participating jurisdiction to be a cross-border Judge.

    (2)     The instrument of appointment must specify:

    (a)     the period of the appointment; and

    (b)     any conditions of the appointment.

    (3)     The Administrator may vary a matter specified in the instrument of appointment except the period of appointment.

    (4)     The conditions of service (including remuneration) of a cross-border Judge are those that the cross-border Judge is entitled to as a magistrate of the other participating jurisdiction.

    (5)     A cross-border Judge ceases to be a cross-border Judge if the cross-border Judge ceases to be a magistrate of the other participating jurisdiction.

    (6)     A reference in this Act, other than sections 50, 53, 54, 55, 59 and 66, or in any other Act to a Judge (however appointed) includes a reference to a cross-border Judge.

    (7)     In this section:

"magistrate", of another participating jurisdiction, does not include a person who holds the office of magistrate of the other jurisdiction as a secondary office holder.

Note for section 59A

A cross-border Judge is not required to take an oath of office under section 65 of the Local Court Act.