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JUSTICE LEGISLATION FURTHER AMENDMENT ACT 2016 (NO. 3 OF 2016) 


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  

   PART 2--AMENDMENT OF MAGISTRATES' COURT ACT 1989

   3.      Appointment of Aboriginal elders or respected persons  
   4.      Warrants  
   5.      Issue of warrant to arrest  
   6.      Search warrants  
   7.      New clause 54 of Schedule 8 inserted  

   PART 3--AMENDMENT OF CHILDREN, YOUTH AND FAMILIES ACT 2005

   8.      New section 528B inserted  
   9.      Appointment of Aboriginal elders or respected persons  
   10.     New section 625 inserted  

   PART 4--AMENDMENT OF COUNTY COURT ACT 1958

   11.     Appointment of Aboriginal elders or respected persons  
   12.     New section 100 inserted  

   PART 5--AMENDMENT OF COURT SECURITY ACT 1980

   13.     Definitions  

   PART 6--AMENDMENT OF VICTIMS OF CRIME ASSISTANCE ACT 1996

   14.     Form of application  

   PART 7--AMENDMENT OF VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998

   15.     Presumption of order for reimbursement of fees to successful party in certain proceedings  
   16.     New section 169 inserted  
   17.     Constitution of Tribunal  

   PART 8--AMENDMENTS RELATING TO SUPERANNUATION

           Division 1--Magistrates' Court Act 1989

   18.     Section 10 amended  
   19.     Salaries and allowances of magistrates  
   20.     Reserve magistrates  
   21.     New Part 3 of Schedule 1 inserted  

           Division 2--Supreme Court Act 1986

   22.     New section 113GA inserted  

           Division 3--Coroners Act 2008

   23.     Appointment of coroners  

   PART 9--AMENDMENTS RELATING TO DUAL COMMISSION HOLDERS

           Division 1--County Court Act 1958

   24.     Definitions  
   25.     Appointment and qualification of judges  
   26.     New section 8AA inserted  
   27.     Salaries and allowances of the Chief Judge and other judges  
   28.     Provision for pensions to County Court judges and their partners  
   29.     Professional development and training  
   30.     Council of Judges  
   31.     New section 101 inserted  

           Division 2--Magistrates' Court Act 1989

   32.     Definitions  
   33.     Appointment of magistrates  
   34.     Salaries  
   35.     Pension of Chief Magistrate  
   36.     Council of magistrates  
   37.     Warrants  
   38.     New section 110A inserted  

           Division 3--Constitution Act 1975

   39.     Qualification and appointment of Judges  
   40.     Commissions of Judges  
   41.     New section 81K inserted  
   42.     Salaries, allowances and pensions of Judges of the Supreme Court  
   43.     As to pensions of Judges of the Supreme Court and their partners and children  
   44.     Judges not to hold any other place of profit  

           Division 4--Supreme Court Act 1986

   45.     Power to make Rules  
   46.      Council of Judges  
   47.     Professional development and training  

           Division 5--Judicial Entitlements Act 2015

   48.     Salary entitlements of judicial officers  
   49.     Conditions of service of judicial officers  
   50.     Certificates under section 15 of the Judicial Remuneration Tribunal Act 1995  

           Division 6--Children, Youth and Families Act 2005

   51.     Appeal to County Court or Supreme Court  
   52.     Right of appeal  
   53.     DPP's right of appeal against sentence  
   54.     DPP's right of appeal—failure to fulfil undertaking  
   55.     New section 513B inserted  

           Division 7--Sentencing Act 1991

   56.     Fixing of non-parole period otherwise than by sentencing court  
   57.     Appeals  

           Division 8--Independent Broad-based Anti-corruption Commission Act 2011

   58.     Definitions  

           Division 9--Interpretation of Legislation Act 1984

   59.     Definitions  

           Division 10--Criminal Procedure Act 2009

   60.     Definitions  
   61.     Right of appeal  
   62.     How appeal is commenced  
   63.     Determination of appeal  
   64.     DPP's right of appeal against sentence  
   65.     How appeal is commenced  
   66.     Determination of DPP's appeal  
   67.     DPP's right of appeal—failure to fulfil undertaking  
   68.     How appeal is commenced  
   69.     Determination of DPP's appeal—failure to fulfil undertaking  
   70.     Late notice of appeal deemed to be application for leave to appeal  
   71.     Abandonment of appeal  
   72.     Applicant's failure to appear  
   73.     Respondent's failure to appear on appeal by DPP  
   74.     Appeal against aggregate sentence  
   75.     Appeal to County Court authorised by other Acts  
   76.     Right of appeal against sentence of imprisonment imposed by County Court on appeal from Magistrates' Court  
   77.     How appeal is commenced  
   78.     Determination of application for leave to appeal under section 283  
   79.     Determination of appeal  
   80.     Determination of appeal  
   81.     Reservation of question of law on appeal to County Court  
   82.     DPP may refer point of law to Court of Appeal  
   83.     Costs on appeal to County Court  
   84.     Costs on abandonment of appeal to County Court  

           Division 11--Family Violence Protection Act 2008

   85.     Court to which appeal must be made  
   86.     Conduct of appeal  

           Division 12--Personal Safety Intervention Orders Act 2010

   87.     Court to which appeal must be made  
   88.     Conduct of appeal  

           Division 13--Land Act 1958

   89.     Appeals  

           Division 14--Maintenance Act 1965

   90.     Notice of appeal and application of appeal provisions of the Magistrates' Court Act 1989  

           Division 15--Liquor Control Reform Act 1998

   91.     Property forfeited  

           Division 16--Fisheries Act 1995

   92.     Additional penalties for licence holders committing offences  

           Division 17--Disability Act 2006

   93.     Appeals regarding extended leave  

           Division 18--Gambling Regulation Act 2003

   94.     Forfeiture  

           Division 19--Judgment Debt Recovery Act 1984

   95.     Persistent wilful default  

           Division 20--Catchment and Land Protection Act 1994

   96.     Effect of finding of guilt for offence against section 18G  

           Division 21--Water Act 1989

   97.     Effect of finding of guilt for offence against section 109  

           Division 22--Road Safety Act 1986

   98.     Appeal against disqualification, cancellation, suspension or variation by order of Magistrates' Court or Children's Court  
   99.     Appeals against alcohol interlock condition direction or period specified in direction  

           Division 23--Serious Sex Offenders (Detention and Supervision) Act 2009

   100.    Secretary may apply for a supervision order  

           Division 24--Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

   101.    Appeal in relation to fitness to stand trial  
   102.    Appeal against unconditional release  
   103.    Appeal against mental impairment finding  
   104.    Appeal against unconditional release  
   105.    Appeal against supervision order  

   PART 10--AMENDMENT OF OTHER ACTS

           Division 1--Coroners Act 2008

   106.    Access to documents  

           Division 2--Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

   107.    Variation of custodial supervision orders on application or review  

   PART 11--REPEAL OF AMENDING ACT

   108.    Repeal of amending Act  
           ENDNOTES

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