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This is a Bill, not an Act. For current law, see the Acts databases.


ACTS AMENDMENT (JUSTICE) BILL 2007

                      Western Australia


      Acts Amendment (Justice) Bill 2007

                         CONTENTS


         Part 1 -- Preliminary matters
1.       Short title                                 2
2.       Commencement                                2
         Part 2 -- Children's Court of Western
              Australia Act 1988 amended
3.       The Act amended in this Part                3
4.       Section 21 amended                          3
5.       Section 39A inserted                        4
         39A.     Judgments, enforcement of     4
6.       Section 40 amended                          4
         Part 3 -- Civil Judgments
              Enforcement Act 2004 amended
7.       The Act amended in this Part                5
8.       Section 30 amended                          5
9.       Section 62 amended                          5
10.      Section 72 amended                          6
11.      Section 90 amended                          6
12.      Section 102 amended                         7
13.      Section 103 amended                         7
14.      Section 108 amended                         8
15.      Section 109 amended                         8
         Part 4 -- Commercial Tenancy (Retail
              Shops) Agreements Act 1985
              amended
16.      The Act amended in this Part                9
17.      Section 7 amended                           9

                           231--2                    page i
Acts Amendment (Justice) Bill 2007



Contents



      18.     Part III heading deleted                                    9
      19.     Section 16 amended                                          9
      20.     New heading and sections 24 and 25 inserted                10
              Part III -- Powers and procedure for dealing with
                      matters
              24.        Term used in this Part                     10
              25.        Relationship between this Part and State
                         Administrative Tribunal Act 2004           10
      21.     Section 26 amended                                         10
      22.     Section 27 amended                                         11
              Part 5 -- Courts Legislation
                   Amendment and Repeal Act 2004
                   amended
      23.     The Act amended in this Part                               12
      24.     Section 144 amended                                        12
              Part 6 -- Criminal Appeals Act 2004
                   amended
      25.     The Act amended in this Part                               13
      26.     Section 10 amended                                         13
      27.     Section 28 amended                                         13
      28.     Section 45 amended                                         13
              Part 7 -- Criminal Injuries
                   Compensation Act 2003 amended
      29.     The Act amended in this Part                               14
      30.     Section 3 amended                                          14
      31.     Section 48 amended                                         14
      32.     Section 56 amended                                         15
      33.     Section 62A inserted                                       16
              62A.      Assessor may conduct hearing                16
      34.     Section 63 amended                                         16
              Part 8 -- Criminal Investigation
                   Act 2006 amended
      35.     The Act amended in this Part                               17
      36.     Section 27 amended                                         17
      37.     Section 78 amended                                         17
      38.     Section 102 amended                                        17

page ii
                                Acts Amendment (Justice) Bill 2007



                                                               Contents



39.   Section 113 replaced                                       18
      113.     Disclosure of photographs obtained under
               Part 8 or 9                                18

      Part 9 -- Criminal Procedure
           Act 2004 amended
40.   The Act amended in this Part                               21
41.   Section 23 amended                                         21
42.   Section 42 amended                                         21
43.   Section 61 amended                                         22
44.   Section 95 amended                                         22
45.   Section 137A inserted                                      22
      137A.    Prosecution disclosure requirements,
               exceptions to                              22
46.   Section 138 amended                                        23
47.   Section 175A inserted                                      23
      175A.    Additional copies of served documents      23
48.   Schedule 2 amended                                         23
      Part 10 -- Equal Opportunity
           Act 1984 amended
49.   The Act amended in this Part                               25
50.   Section 134 amended                                        25
51.   Section 136 replaced                                       25
      136.     Tribunal must publish decisions made
               under s. 135                               25

      Part 11 -- Evidence Act 1906
           amended
52.   The Act amended in this Part                               26
53.   Section 119 replaced                                       26
      119.     Service as a witness etc., payments for    26
54.   Section 121 amended                                        29
      Part 12 -- Guardianship and
           Administration Act 1990
           amended
55.   The Act amended in this Part                               30
56.   Section 5 repealed and consequential amendment
      to heading of Part 3 Division 1                            30


                                                                page iii
Acts Amendment (Justice) Bill 2007



Contents



      57.     Section 43 amended and consequential amendment
              to s. 4                                                  30
      58.     Section 56A amended                                      31
      59.     Section 86 amended                                       32
              Part 13 -- Industrial Relations
                   Act 1979 amended
      60.     The Act amended in this Part                             33
      61.     Section 81CA amended                                     33
      62.     Section 81CB inserted                                    33
              81CB.    Industrial magistrate's court judgments,
                       enforcement of                             33
      63.     Section 83D amended                                      34
      64.     Section 113 amended                                      34
              Part 14 -- Juries Act 1957 amended
      65.     The Act amended in this Part                             35
      66.     Section 44 replaced                                      35
              44.      Payments for juries in civil trials        35
      67.     Section 58B inserted                                     36
              58B.     Jury service, payments for                 36
      68.     Section 62 amended                                       37
      69.     Second Schedule amended                                  38
              Part 15 -- Magistrates Court Act 2004
                   amended
      70.     The Act amended in this Part                             39
      71.     Section 33 amended                                       39
      72.     Schedule 1 amended                                       40
              Part 16 -- Magistrates Court (Civil
                   Proceedings) Act 2004 amended
      73.     The Act amended in this Part                             41
      74.     Section 3 amended                                        41
      75.     Section 7 amended                                        41
      76.     Section 14 amended                                       42
      77.     Section 30 amended                                       42
      78.     Section 31 amended                                       42
      79.     Section 44 amended                                       42



page iv
                                  Acts Amendment (Justice) Bill 2007



                                                                    Contents



       Part 17 -- Oaths, Affidavits and
            Statutory Declarations Act 2005
            amended
80.    The Act amended in this Part                                   44
81.    Section 6 amended                                              44
82.    Section 7 amended                                              44
       Part 18 -- Planning and Development
            Act 2005 amended
83.    The Act amended in this Part                                   45
84.    Section 237 amended                                            45
85.    Section 237A inserted                                          45
       237A.    Constitution of State Administrative
                Tribunal                                       45
86.    Section 238 amended                                            47
87.    Section 239 amended                                            47
88.    Section 244 amended                                            47
       Part 19 -- Restraining Orders
            Act 1997 amended
89.    The Act amended in this Part                                   48
90.    Section 3 amended                                              48
91.    Section 6 amended                                              48
92.    Section 10 amended                                             48
93.    Section 27 amended                                             49
94.    Section 30E amended                                            49
95.    Section 42 amended                                             50
96.    Section 43 amended                                             50
97.    Section 48 amended                                             51
98.    Section 49 amended                                             52
99.    Section 53E amended                                            53
100.   Section 59 replaced                                            53
       59.      Service of restraining order, certain people
                to be notified of                              53
101.   Section 62B amended                                            53
102.   Section 62E amended                                            54
103.   Section 62F amended                                            54
104.   Section 63 amended                                             55
105.   Section 70 amended                                             55


                                                                     page v
Acts Amendment (Justice) Bill 2007



Contents



              Part 20 -- Sentencing Act 1995
                   amended
      106.    The Act amended in this Part                             56
      107.    Section 37 amended                                       56
              Part 21 -- Sentencing Legislation
                   Amendment and Repeal Act 2003
                   amended
      108.    The Act amended in this Part                             57
      109.    Schedule 1 amended                                       57
              5A.      Minister may discharge certain prisoners
                       from old parole terms                      57

              Part 22 -- State Administrative
                   Tribunal Act 2004 amended
      110.    The Act amended in this Part                             59
      111.    Section 11 amended                                       59
      112.    Section 42 amended                                       59
      113.    Section 51A inserted                                     59
              51A.     Splitting proceedings                      59
      114.    Section 66 amended                                       60
      115.    Section 171 amended                                      60
              Part 23 -- Supreme Court Act 1935
                   amended
      116.    The Act amended in this Part                             61
      117.    Section 9A amended                                       61
      118.    Section 60 amended                                       61
      119.    Section 155 amended                                      61
      120.    Section 156 amended                                      62
              Part 24 -- Transfer of Land Act 1893
                   amended
      121.    The Act amended in this Part                             63
      122.    Section 133 amended                                      63
      123.    Section 138 amended                                      65
      124.    Section 139 amended                                      66




page vi
                               Acts Amendment (Justice) Bill 2007



                                                        Contents



       Part 25 -- Victims of Crime Act 1994
            amended
125.   The Act amended in this Part                        67
126.   Section 6 amended                                   67
       Part 26 -- Various Acts amended
127.   Community Protection (Offender Reporting)
       Act 2004 amended                                    68
128.   Corruption and Crime Commission Act 2003
       amended                                             68
129.   The Criminal Code amended                           68
130.   Pawnbrokers and Second-hand Dealers Act 1994
       amended                                             68
131.   Road Traffic Act 1974 amended                       69
132.   Young Offenders Act 1994 amended                    69




                                                         page vii
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)



         Acts Amendment (Justice) Bill 2007


                               A Bill for


An Act to amend various Acts concerned with the administration of
justice and for related matters.



The Parliament of Western Australia enacts as follows:




                                                            page 1
     Acts Amendment (Justice) Bill 2007
     Part 1       Preliminary matters

     s. 1



                     Part 1 -- Preliminary matters
     1.       Short title
              This is the Acts Amendment (Justice) Act 2007.

     2.       Commencement
 5            This Act comes into operation, or is deemed to have come into
              operation, as follows:
                (a) Part 1 -- on the day on which this Act receives the
                      Royal Assent ("assent day");
               (b) section 24 -- on 1 May 2005;
10              (c) section 39 --
                        (i) if the Criminal Investigation Act 2006
                              section 113 has not come into operation on
                              assent day, immediately after that section comes
                              into operation; or
15                     (ii) otherwise, on the day after assent day;
               (d)   the rest of the Act -- on a day fixed by proclamation,
                     and different days may be fixed for different provisions.




     page 2
                                                Acts Amendment (Justice) Bill 2007
            Children's Court of Western Australia Act 1988 amended          Part 2

                                                                                    s. 3



            Part 2 -- Children's Court of Western Australia
                         Act 1988 amended
     3.             The Act amended in this Part
                    The amendments in this Part are to the Children's Court of
 5                  Western Australia Act 1988.

     4.             Section 21 amended
          (1)       Before section 21(2) the following subsection is inserted --
                "
                    (1)   In this section --
10                        "detention" has the meaning given to that term by
                               section 3 of the Young Offenders Act 1994.
                                                                                      ".
          (2)       Section 21(2) and (3) are repealed and the following subsection
                    is inserted instead --
15              "
                    (2)   The Court when constituted by or so as to include a
                          magistrate cannot --
                           (a) sentence an offender to a term of detention
                                 longer than 12 months; or
20                         (b) sentence an offender who at the time of being
                                 sentenced is under 18 years of age to a term of
                                 imprisonment longer than 3 months; or
                           (c) sentence an offender who at the time of being
                                 sentenced has reached 18 years of age to a term
25                               of imprisonment longer than 6 months,
                          for one offence, or as the aggregate of the sentences
                          imposed on the one occasion for more than one
                          offence.
                                                                                      ".



                                                                                  page 3
     Acts Amendment (Justice) Bill 2007
     Part 2       Children's Court of Western Australia Act 1988 amended

     s. 5



          (3)   Section 21(4)(a) is amended by deleting "be detained in a
                detention centre" and inserting instead --
                "     detention   ".

     5.         Section 39A inserted
 5              After section 39 the following section is inserted in Part 4 --
     "
            39A.        Judgments, enforcement of
                (1)     In this section --
                        "judgment" means a judgment, order, direction or
10                           decision of the Court given or made in the exercise
                             of its non-criminal jurisdiction.
                (2)     A person to whom money is to be paid under a
                        judgment may enforce it by lodging a copy of it,
                        certified by a registrar, and an affidavit stating to what
15                      extent it has not been complied with, with a court of
                        competent jurisdiction.
                (3)     If, or to the extent that, a judgment does not require the
                        payment of money, a person entitled to the benefit of
                        the judgment may enforce it by lodging a copy of it,
20                      certified by a registrar, and an affidavit stating to what
                        extent it has not been complied with, with the
                        Magistrates Court.
                (4)     A judgment that is lodged with another court under
                        subsection (2) or (3) is to be taken to be a judgment of
25                      the other court and may be enforced accordingly.
                                                                                     ".

     6.         Section 40 amended
                Section 40(3) is amended by deleting "sentence of detention,"
                and inserting instead --
30              "     custodial sentence,   ".


     page 4
                                                   Acts Amendment (Justice) Bill 2007
                          Civil Judgments Enforcement Act 2004 amended         Part 3

                                                                                      s. 7



           Part 3 -- Civil Judgments Enforcement Act 2004
                              amended
     7.             The Act amended in this Part
                    The amendments in this Part are to the Civil Judgments
 5                  Enforcement Act 2004.

     8.             Section 30 amended
                    After section 30(6) the following subsections are inserted --
                "
                    (7)     A means inquiry in the Magistrates Court may be
10                          conducted in the absence of the judgment creditor, the
                            judgment creditor's lawyer, and a person referred to in
                            subsection (6), if the judgment creditor, before the
                            inquiry, asks the court to itself examine the judgment
                            debtor for the purposes of determining the matters
15                          listed in section 26.
                    (8)     At a means inquiry in the Magistrates Court the court,
                            at the request of the judgment creditor made before or
                            at the inquiry, may itself examine the judgment debtor
                            for the purposes of determining the matters listed in
20                          section 26.
                                                                                       ".

     9.             Section 62 amended
          (1)       Section 62(1) is amended by deleting "have effect" in the
                    2 places where it occurs and in each place inserting instead --
25                  " operate ".
          (2)       Section 62(2) is amended as follows:
                      (a) in paragraph (b) by deleting "have effect" and inserting
                           instead --
                           " operate ";


                                                                                page 5
     Acts Amendment (Justice) Bill 2007
     Part 3       Civil Judgments Enforcement Act 2004 amended

     s. 10



                      (b)    by deleting "in effect" and inserting instead --
                             " in operation ".
           (3)       Section 62(3) is amended by deleting "have effect" and
                     inserting instead --
 5                   " operate ".

     10.             Section 72 amended
                     Section 72(4) is amended as follows:
                       (a) in paragraph (a) by deleting "has obtained a property
                            (seizure and sale order) --" and inserting instead --
10                           "
                                   had an operative property (seizure and sale
                                   order) on the date of the sale of the property --
                                                                                      ";
                      (b)    in paragraph (b) by deleting "has obtained a property
15                           (seizure and sale order) --" and inserting instead --
                             "
                                   had an operative property (seizure and sale
                                   order) on the date of the sale of the property --
                                                                                      ".

20   11.             Section 90 amended
           (1)       Section 90(3) is repealed and following subsection is inserted
                     instead --
                 "
                     (3)    A court may punish a person guilty of a contempt
25                          under subsection (1) in any way it may punish a person
                            for any other contempt of the court, but any period of
                            imprisonment imposed must not be longer than
                            40 days.
                                                                                      ".




     page 6
                                                    Acts Amendment (Justice) Bill 2007
                           Civil Judgments Enforcement Act 2004 amended         Part 3

                                                                                       s. 12



           (2)       Section 90(4) is amended by deleting "If under subsection (2) a
                     court decides to imprison a person for contempt of court," and
                     inserting instead --
                     "
 5                           If a court decides to imprison a person guilty of a
                             contempt under subsection (1),
                                                                                          ".
           (3)       After section 90(6) the following subsection is inserted --
                 "
10                   (7)     Any person who under section 30(6) may appear on
                             behalf of a judgment creditor at a means inquiry in the
                             Magistrates Court may appear on behalf of a judgment
                             creditor at a default inquiry in that court.
                                                                                          ".

15   12.             Section 102 amended
           (1)       Section 102(1) is amended by deleting "has effect" and inserting
                     instead --
                     " operates       ".
           (2)       Section 102(5) is amended by deleting "have effect." and
20                   inserting instead --
                     " operate.       ".

     13.             Section 103 amended
                     Section 103(4)(b) is deleted and the following paragraph is
                     inserted instead --
25                          "
                                (b)   otherwise, when it is served on the person to
                                      whom the original order was addressed.
                                                                                          ".




                                                                                      page 7
     Acts Amendment (Justice) Bill 2007
     Part 3       Civil Judgments Enforcement Act 2004 amended

     s. 14



     14.         Section 108 amended
                 After section 108(5) the following subsection is inserted --
             "
                 (6)     A bailiff must give the Sheriff written notice of every
 5                       appointment, suspension or termination of an assistant
                         bailiff by the bailiff under this section and of every
                         death of an assistant bailiff.
                                                                                   ".

     15.         Section 109 amended
10               Section 109(3) is amended by inserting after "this Act" --
                 "     (other than section 111)   ".




     page 8
                                             Acts Amendment (Justice) Bill 2007
           Commercial Tenancy (Retail Shops) Agreements Act 1985         Part 4
                                                       amended

                                                                                        s. 16


                 Part 4 -- Commercial Tenancy (Retail Shops)
                        Agreements Act 1985 amended
     16.             The Act amended in this Part
                     The amendments in this Part are to the Commercial Tenancy
 5                   (Retail Shops) Agreements Act 1985.

     17.             Section 7 amended
                     Section 7(5) is amended by deleting "under Part III".

     18.             Part III heading deleted
                     The heading to Part III is deleted.

10   19.             Section 16 amended
           (1)       Section 16(1)(b) is deleted and the following paragraph is
                     inserted instead --
                           "
                               (b)   if it is such a question, hear and determine it.
15                                                                                        ".
           (2)       Section 16(2) is repealed and the following subsection is
                     inserted instead --
                 "
                     (2)   The matter for determination referred to in
20                         subsection (1)(a) may be determined by the Tribunal in
                           such manner as it thinks fit, subject to each party being
                           given an opportunity to make a written submission.
                                                                                          ".
           (3)       Section 16(3) is repealed.




                                                                                    page 9
     Acts Amendment (Justice) Bill 2007
     Part 4       Commercial Tenancy (Retail Shops) Agreements Act 1985
                  amended

     s. 20


     20.             New heading and sections 24 and 25 inserted
                     Before section 26 the following Part heading and sections are
                     inserted --
     "
 5                   Part III -- Powers and procedure for dealing
                                    with matters
             24.             Term used in this Part
                             In this Part --
                             "matter" means any application that may be made, or
10                                any question or matter that may be referred or
                                  submitted, to the Tribunal under this Act.

             25.             Relationship between this Part and State
                             Administrative Tribunal Act 2004
                             Nothing in this Part prevents a matter from being dealt
15                           with through a compulsory conference or mediation
                             process under the State Administrative Tribunal
                             Act 2004.
                                                                                       ".

     21.             Section 26 amended
20         (1)       Section 26(1) is amended by deleting "proceedings" in the
                     3 places where it occurs and in each place inserting instead --
                     "     any matter   ".
           (2)       After section 26(3) the following subsection is inserted --
                 "
25                   (4)     The Tribunal may allow any equitable claim or
                             defence, and give any equitable remedy, in a matter
                             before it that the Supreme Court may allow or give.
                                                                                       ".



     page 10
                                             Acts Amendment (Justice) Bill 2007
           Commercial Tenancy (Retail Shops) Agreements Act 1985         Part 4
                                                       amended

                                                                                s. 22


     22.         Section 27 amended
                 Section 27(1), (2) and (3) are repealed and the following
                 subsections are inserted instead --
             "
 5               (1)   If both a court and the Tribunal have jurisdiction to
                       determine a matter, proceedings to determine the
                       matter may be instituted either --
                          (a) before the court; or
                         (b) before the Tribunal,
10                     but not both.
                 (2)   If a matter is before a court, the court may order it to be
                       transferred to the Tribunal if --
                          (a) all parties to the matter so agree; or
                         (b) the court, on its own initiative or on the
15                             application of a party, decides it is in the
                               interests of justice to do so.
                 (3)   If a matter is before the Tribunal and is one that a court
                       also has jurisdiction to determine, the Tribunal may
                       order it to be transferred to the court if --
20                        (a) all parties to the matter so agree; or
                         (b) the Tribunal, on its own initiative or on the
                                application of a party, decides it is in the
                                interests of justice to do so.
                                                                                     ".




                                                                             page 11
     Acts Amendment (Justice) Bill 2007
     Part 5       Courts Legislation Amendment and Repeal Act 2004 amended

     s. 23



       Part 5 -- Courts Legislation Amendment and Repeal
                       Act 2004 amended
     23.       The Act amended in this Part
               The amendments in this Part are to the Courts Legislation
 5             Amendment and Repeal Act 2004.

     24.       Section 144 amended
               Section 144(a) is deleted and the following paragraphs are
               inserted instead --
                   "
10                      (a)   if any proceedings for or in connection with
                              enforcing the judgment are pending in a court,
                              section 145 applies;
                       (aa)   if any enforcement process is in force in
                              relation to the judgment, section 146 applies;
15                                                                             ".




     page 12
                                               Acts Amendment (Justice) Bill 2007
                                 Criminal Appeals Act 2004 amended         Part 6

                                                                                 s. 25



                 Part 6 -- Criminal Appeals Act 2004 amended
     25.          The Act amended in this Part
                  The amendments in this Part are to the Criminal Appeals
                  Act 2004.

 5   26.          Section 10 amended
                  Section 10(5)(a) and "and" after it are deleted.

     27.          Section 28 amended
           (1)    Section 28(2) is amended by deleting "that sets out the grounds
                  of the appeal".
10         (2)    Section 28(5)(a) and "and" after it are deleted.

     28.          Section 45 amended
           (1)    Section 45(1) is amended by deleting "with orders to ensure the
                  exhibits are kept by it until the last to happen of the events
                  referred to in subsection (2)".
15         (2)    Section 45(6) is amended by deleting ", subject to any order
                  made under subsection (1)".




                                                                            page 13
     Acts Amendment (Justice) Bill 2007
     Part 7       Criminal Injuries Compensation Act 2003 amended

     s. 29



           Part 7 -- Criminal Injuries Compensation Act 2003
                               amended
     29.       The Act amended in this Part
               The amendments in this Part are to the Criminal Injuries
 5             Compensation Act 2003.

     30.       Section 3 amended
               Section 3 is amended by deleting the definition of "health
               professional" and inserting instead --
               "
10                  "health professional" means --
                        (a) a person who is registered as a dentist under
                             the Dental Act 1939 or a law of another place
                             that is substantially similar to that Act;
                        (b) a person who is registered as a medical
15                           practitioner under the Medical Act 1894 or a
                             law of another place that is substantially
                             similar to that Act;
                        (c) a person who is registered as a psychologist
                             under the Psychologists Act 2005 or a law of
20                           another place that is substantially similar to
                             that Act;
                                                                              ".

     31.       Section 48 amended
               Section 48 is amended as follows:
25               (a) by inserting before "If a" the subsection designation
                      "(1)";
                (b) by deleting the full stop after paragraph (b) and inserting
                      instead --
                      " ; and ";



     page 14
                                             Acts Amendment (Justice) Bill 2007
                Criminal Injuries Compensation Act 2003 amended          Part 7

                                                                              s. 32



                (c)       by inserting the following paragraph --
                      "
                          (c)   the Chief Assessor is given a request for
                                payment of the amount in accordance with
 5                              subsection (2).
                                                                                 ";
                (d)       by inserting the following subsection --
           "
               (2)    A request referred to in subsection (1)(c) must be given
10                    to the Chief Assessor --
                        (a) if the victim was under 18 years of age on the
                              date of the award, before --
                                (i) the victim reaches 28 years of age; or
                               (ii) the expiry of 10 years after the date on
15                                    which the Acts Amendment (Justice)
                                      Act 2007 section 31 commences,
                              whichever occurs last; or
                        (b) otherwise --
                                (i) if the award was made before that
20                                    section commences, within 10 years
                                      after the day on which it commences; or
                               (ii) otherwise, within 10 years after the date
                                      of the award.
                                                                                 ".

25   32.       Section 56 amended
               Section 56(1) is repealed and the following subsection is
               inserted instead --
           "
               (1)    On an appeal under section 55 against an assessor's
30                    decision, the District Court must decide the application
                      to which the decision relates afresh, without being
                      fettered by the assessor's decision, solely on the


                                                                            page 15
     Acts Amendment (Justice) Bill 2007
     Part 7       Criminal Injuries Compensation Act 2003 amended

     s. 33



                         evidence and information that was in the possession of
                         the assessor or may receive further evidence and
                         information.
                                                                                   ".

 5   33.         Section 62A inserted
                 Before section 63 the following section is inserted in Part 9 --
     "
             62A.        Assessor may conduct hearing
                 (1)     This section does not affect section 24.
10               (2)     If he or she thinks fit, an assessor may conduct a
                         hearing in respect of any question that an assessor may
                         decide under this Act.
                                                                                   ".

     34.         Section 63 amended
15         (1)   Section 63(1) is amended by deleting the definition of
                 "application".
           (2)   Section 63(2) is amended by deleting "of an application" and
                 inserting instead --
                 "     under this Act    ".
20         (3)   Section 63(5)(a) is amended by deleting "subsection (1);" and
                 inserting instead --
                 "     subsection (2);   ".
           (4)   Section 63(7) is amended by deleting "of an application".




     page 16
                                                Acts Amendment (Justice) Bill 2007
                           Criminal Investigation Act 2006 amended          Part 8

                                                                               s. 35



           Part 8 -- Criminal Investigation Act 2006 amended
     35.         The Act amended in this Part
                 The amendments in this Part are to the Criminal Investigation
                 Act 2006.

 5   36.         Section 27 amended
                 Section 27(6) is repealed and the following subsection is
                 inserted instead --
             "
                 (6)   Any order given under this section must be in writing
10                     on a prescribed form.
                                                                                  ".

     37.         Section 78 amended
                 Section 78 is amended by inserting after "person" --
                 " other than a deceased person     ".

15   38.         Section 102 amended
                 Section 102(2) is amended as follows:
                   (a) in paragraph (a) by deleting "dentist,";
                  (b) in paragraph (b) by inserting before "qualified" --
                        " doctor, nurse or ".




                                                                             page 17
     Acts Amendment (Justice) Bill 2007
     Part 8       Criminal Investigation Act 2006 amended

     s. 39



     39.       Section 113 replaced
               Section 113 is repealed and the following section is inserted
               instead --
     "
 5           113.     Disclosure of photographs obtained under Part 8
                      or 9
                (1)   In this section --
                      "forensic purpose" means --
                           (a) investigating an offence or a suspected
10                               offence or offences generally; or
                           (b) investigating the death of a person or
                                 identifying a deceased person; or
                          (c)   investigating the whereabouts of or
                                identifying a missing person;
15                    "protected information" means any photograph of a
                          person or of any part of a person, taken under
                          Part 8 or 9.
                (2)   A person who has access, or has had access, to
                      protected information may only disclose the
20                    information in these circumstances --
                        (a) if the person is the person to whom the
                              information relates;
                        (b) if the person to whom the information relates
                              consents in writing to the disclosure;
25                      (c) for the purpose of the medical treatment of the
                              person to whom the information relates;
                        (d) if the information is already public;
                        (e) for a forensic purpose where the investigation
                              or identification is being done by a police
30                            officer or a public officer or by a law
                              enforcement officer prescribed by the
                              regulations;

     page 18
                                 Acts Amendment (Justice) Bill 2007
            Criminal Investigation Act 2006 amended          Part 8

                                                                s. 39



     (f)      for the purpose of a decision as to whether to
              prosecute an offence;
     (g)      for the purpose of criminal proceedings for an
              offence;
 5   (h)      for the purpose of an investigation or inquest
              under the Coroners Act 1996;
      (i)     for the purpose of civil or disciplinary
              proceedings that relate to the way in which, or
              the conduct of any procedure by which, the
10            information was obtained;
      (j)     for the purpose of an investigation under the
              Parliamentary Commissioner Act 1971 into the
              exercise of any power under this Act;
     (k)      in accordance with the Mutual Assistance in
15            Criminal Matters Act 1987, or the Extradition
              Act 1988, of the Commonwealth;
      (l)     for the purposes of a compensation claim made
              under the Criminal Injuries Compensation
              Act 2003;
20   (m)      for the purpose of instructing a person who is or
              is training to be --
                 (i) a person referred to in or prescribed for
                       paragraph (e); or
                (ii) a person with qualifications in a forensic
25                     science,
              if all reasonable measures are taken to prevent
              the person from whom the personal information
              was obtained being identified from the
              information;
30   (n)      for a purpose that the Minister approves
              because it is in the public interest in any
              particular case;
     (o)      for a purpose prescribed by the regulations.


                                                           page 19
    Acts Amendment (Justice) Bill 2007
    Part 8       Criminal Investigation Act 2006 amended

    s. 39



              (3)   A person who has access, or has had access, to
                    protected information must not disclose the
                    information except as provided by this section.
                    Penalty: a fine of $24 000 or imprisonment for 2 years.
5                                                                             ".




    page 20
                                               Acts Amendment (Justice) Bill 2007
                              Criminal Procedure Act 2004 amended          Part 9

                                                                                 s. 40



            Part 9 -- Criminal Procedure Act 2004 amended
     40.         The Act amended in this Part
                 The amendments in this Part are to the Criminal Procedure
                 Act 2004 unless otherwise specified.

 5   41.         Section 23 amended
                 Section 23(5)(a) and "or" after it are deleted.

     42.         Section 42 amended
           (1)   Section 42(1) is amended in the definition of "evidentiary
                 material" as follows:
10                 (a) by deleting paragraph (a)(iv) and inserting instead --
                                "
                                    (iv)   every other recorded statement,
                                           whether oral or written, by,
                                                                                   ";
15                (b)    in each of paragraphs (c), (d) and (e) by deleting
                         "exhibit" and inserting instead --
                         " object ".
           (2)   Section 42(2) is amended as follows:
                   (a) in paragraph (a) by deleting "exhibit" and inserting
20                      instead --
                        " object ";
                  (b) in paragraph (c) by deleting ", recording or report" and
                        inserting instead --
                         "
25                             or recording of the kind referred to in
                               paragraph (a) of the definition of "evidentiary
                               material"
                                                                                   ".



                                                                              page 21
     Acts Amendment (Justice) Bill 2007
     Part 9       Criminal Procedure Act 2004 amended

     s. 43



           (3)   Section 42(3) is amended by inserting after "subject to" --
                 "   section 137A and    ".

     43.         Section 61 amended
           (1)   Section 61(3) is amended by inserting after "subject to" --
 5               "   section 137A and    ".
           (2)   Section 61(6) is amended by deleting "14 days" and inserting
                 instead --
                 "   28 days   ".

     44.         Section 95 amended
10               Section 95(3) is amended by inserting after "subject to" --
                 "   section 137A and    ".

     45.         Section 137A inserted
                 After section 137 the following section is inserted --
     "
15           137A.     Prosecution disclosure requirements, exceptions to
                       The operation of sections 42, 61 and 95 is subject to --
                        (a) the Evidence Act 1906 sections 19C and
                              106HB(3); and
                        (b) any other written law that relates to the
20                            disclosure of specific information; and
                        (c) the law on privilege; and
                        (d) the law on public interest immunity.
                                                                                 ".




     page 22
                                                    Acts Amendment (Justice) Bill 2007
                                   Criminal Procedure Act 2004 amended          Part 9

                                                                                        s. 46



     46.              Section 138 amended
                      After section 138(4) the following subsection is inserted --
                 "
                     (4a)   Despite section 171, an application by a prosecutor for
 5                          an order under this section that is made without notice
                            to the accused must not be dealt with in open court and
                            the only people who may be present when it is dealt
                            with are the applicant and those permitted by the court.
                                                                                            ".

10   47.              Section 175A inserted
                      After section 175 the following section is inserted --
     "
             175A.          Additional copies of served documents
                      (1)   If a person is served with a document under this Act
15                          and the document is subsequently lost, damaged or
                            destroyed, the person may ask the person who was
                            required to serve the document for another copy of the
                            document.
                      (2)   A person asked for another copy under subsection (1)
20                          must give the person another copy if satisfied the
                            document has been lost, damaged or destroyed.
                      (3)   A person who under subsection (2) gives another copy
                            to a person may charge the person a fee prescribed by
                            the regulations for the copy.
25                                                                                          ".

     48.              Schedule 2 amended
           (1)        Schedule 2 clause 3(11) is repealed and the following subclause
                      is inserted instead --
                 "
30                   (11)   A document or other thing that is posted under this clause is
                            to be taken to have been served on the named person on the

                                                                                    page 23
     Acts Amendment (Justice) Bill 2007
     Part 9       Criminal Procedure Act 2004 amended

     s. 48



                        fourth working day after the date on which it was posted
                        unless the postal service returns it to the sender or the
                        contrary is proved.
                                                                                        ".
 5      (2)       Schedule 2 clause 4(5) is repealed and the following subclause
                  is inserted instead --
              "
                  (5)   A document or other thing that is posted under this clause is
                        to be taken to have been served on the named person on the
10                      fourth working day after the date on which it was posted
                        unless the postal service returns it to the sender or the
                        contrary is proved.
                                                                                        ".




     page 24
                                            Acts Amendment (Justice) Bill 2007
                            Equal Opportunity Act 1984 amended        Part 10

                                                                             s. 49



           Part 10 -- Equal Opportunity Act 1984 amended
     49.     The Act amended in this Part
             The amendments in this Part are to the Equal Opportunity
             Act 1984.

 5   50.     Section 134 amended
             Section 134(1a) is repealed.

     51.     Section 136 replaced
             Section 136 is repealed and the following section is inserted
             instead --
10   "
           136.     Tribunal must publish decisions made under s. 135
              (1)   The Tribunal shall, not later than one month after it
                    makes a decision under section 135, publish --
                     (a) the decision; and
15                   (b) the reasons for the decision; and
                     (c) its findings of fact material to the decision; and
                     (d) a summary of the evidence on which those
                           findings were based.
              (2)   Any failure to comply with subsection (1) in relation to
20                  a decision does not affect the validity of the decision.
                                                                               ".




                                                                       page 25
     Acts Amendment (Justice) Bill 2007
     Part 11      Evidence Act 1906 amended

     s. 52



                    Part 11 -- Evidence Act 1906 amended
     52.       The Act amended in this Part
               The amendments in this Part are to the Evidence Act 1906.

     53.       Section 119 replaced
 5             Section 119 is repealed and the following section is inserted
               instead --
     "
             119.     Service as a witness etc., payments for
                (1)   In this section --
10                    "criminal proceedings" includes an appeal in criminal
                           proceedings;
                      "eligible service" has the meaning given in
                           subsections (2) and (3);
                      "inquest" means an inquest held under the Coroners
15                         Act 1996;
                      "liable person", in respect of any payment that has to
                           be made under this section in respect of eligible
                           service, means --
                           (a) if the eligible service is in criminal
20                               proceedings and the prosecution was
                                 commenced by or on behalf of --
                                   (i) a local government; or
                                  (ii) a statutory body,
                                 the local government or statutory body;
25                        (b) in any other case, the State.
                (2)   For the purposes of this section a person does eligible
                      service if he or she is, or attends at any place in order
                      to be, any of the following --
                        (a) a witness who is called by the prosecutor in
30                            criminal proceedings;

     page 26
                                   Acts Amendment (Justice) Bill 2007
                            Evidence Act 1906 amended        Part 11

                                                                       s. 53



            (b)    a witness who is called by the accused person
                   in criminal proceedings and who --
                      (i) is a child; or
                     (ii) is declared under section 106R to be a
 5                         special witness;
            (c)    a witness in an inquest;
            (d)    an interpreter in criminal proceedings or an
                   inquest;
             (e)   a person approved under section 106E or
10                 106R(4)(a) in any proceeding in a court;
             (f)   a person appointed under section 106F in any
                   proceeding in a court.
     (3)   For the purposes of this section a person does eligible
           service if he or she does, or attends at any place in
15         order to do, any of the following --
             (a)   participate in a programme to prepare --
                      (i) children who may be witnesses; or
                     (ii) persons who are or may be declared
                           under section 106R to be special
20                         witnesses,
                   to give evidence in criminal proceedings or an
                   inquest;
            (b)    accompany and assist a child or person
                   described in paragraph (a)(i) or (ii) in order to
25                 enable him or her --
                      (i) to attend a programme described in
                           paragraph (a); or
                     (ii) to attend and be a witness in criminal
                           proceedings or an inquest.
30   (4)   A person who does eligible service is entitled to be
           paid by the liable person the allowances and expenses



                                                                 page 27
     Acts Amendment (Justice) Bill 2007
     Part 11      Evidence Act 1906 amended

     s. 53



                     that are prescribed by the regulations in respect of
                     doing the eligible service.
               (5)   If a person does eligible service for a period when he or
                     she is employed by an employer under a contract of
 5                   service, the employer must pay the person the earnings
                     that he or she could reasonably expect to have been
                     paid in that period under the contract, despite any
                     breach of the contract caused by doing the eligible
                     service.
10                   Penalty: a fine of $2 000.
               (6)   An employer who in accordance with subsection (5)
                     pays a person during any period when the person does
                     eligible service is entitled to be paid by the liable
                     person the fees in accordance with the regulations for
15                   the person's service, unless the employer is in a class
                     of employer prescribed by the regulations.
               (7)   If a person to whom subsection (5) applies is not paid
                     under that subsection, the person is entitled to be paid
                     by the liable person the fees in accordance with the
20                   regulations for the eligible service, unless the person is
                     in a class of person prescribed by the regulations.
               (8)   A person who does eligible service but to whom
                     subsection (5) does not apply is entitled to be paid by
                     the liable person the fees in accordance with the
25                   regulations for the service, unless the person is in a
                     class of person prescribed by the regulations.
               (9)   A claim to a liable person for a payment under this
                     section must be made and determined under the
                     regulations.




     page 28
                                              Acts Amendment (Justice) Bill 2007
                                       Evidence Act 1906 amended        Part 11

                                                                               s. 54



               (10)   The Governor may make regulations prescribing all
                      matters that are necessary or convenient to be
                      prescribed for the purposes of this section including
                      regulations --
 5                      (a) that confer a discretionary authority;
                        (b) that require information in support of a claim to
                              the State for a payment to be verified by a
                              statutory declaration.
               (11)   On the application of an accused person who calls a
10                    witness in criminal proceedings, the Attorney General
                      may authorise the State to pay all or some of the
                      amounts that would be payable under this section if the
                      witness were called by the prosecutor in the
                      proceedings.
15             (12)   Any amount paid under this section by the State is to
                      be charged to the Consolidated Account.
                                                                                   ".

     54.        Section 121 amended
                Section 121(2) is repealed and the following subsections are
20              inserted instead --
           "
                (2)   The court shall not make such a direction unless
                      satisfied the video link or audio link is available or can
                      reasonably be made available.
25             (2a)   The court shall not make such a direction if satisfied
                      the direction is not in the interests of justice.
                                                                                   ".




                                                                            page 29
     Acts Amendment (Justice) Bill 2007
     Part 12      Guardianship and Administration Act 1990 amended

     s. 55



      Part 12 -- Guardianship and Administration Act 1990
                         amended
     55.              The Act amended in this Part
                      The amendments in this Part are to the Guardianship and
 5                    Administration Act 1990.

     56.              Section 5 repealed and consequential amendment to heading
                      of Part 3 Division 1
           (1)        Section 5 is repealed.
           (2)        The heading to Part 3 Division 1 is amended by deleting
10                    "Constitution, functions" and inserting instead --
                      "     Functions ".
     57.              Section 43 amended and consequential amendment to s. 4
           (1)        After section 43(2) the following subsections are inserted --
                 "
15                   (2a)    Subject to section 4, where the State Administrative
                             Tribunal is satisfied that a person in respect of whom
                             an application for a guardianship order is made under
                             section 40 --
                               (a) has attained the age of 17 but not 18 years; and
20                             (b) will, when he attains the age of 18 years, be --
                                       (i) incapable of looking after his own
                                             health and safety; or
                                      (ii) unable to make reasonable judgments in
                                             respect of matters relating to his person;
25                                           or
                                     (iii)   in need of oversight, care or control in
                                             the interests of his own health and
                                             safety or for the protection of others;
                                     and

     page 30
                                                Acts Amendment (Justice) Bill 2007
                  Guardianship and Administration Act 1990 amended        Part 12

                                                                                        s. 58



                              (c)    will, when he attains the age of 18 years, be in
                                     need of a guardian,
                         the Tribunal may by order declare the person will be in
                         need of a guardian when he attains the age of 18 years,
 5                       and if it does so shall appoint --
                           (d) a person to be a plenary guardian or a limited
                                  guardian and, if it is expedient, a person to be
                                  an alternate guardian; or
                           (e) persons to be joint plenary guardians or joint
10                                limited guardians,
                         as the case may require, of the person in respect of
                         whom the application is made.
                 (2b)    Where under subsection (2a) the State Administrative
                         Tribunal declares that a person will be in need of a
15                       guardian, it shall also declare the matter or matters set
                         out in paragraph (b) of that subsection of which it is
                         satisfied.
                 (2c)    An appointment made under subsection (2a) in respect
                         of a person comes into operation on the day on which
20                       the person attains the age of 18 years.
                                                                                          ".
           (2)    Section 43(3) is amended by inserting after "subsection (1)" --
                  " or (2a)          ".
           (3)    Section 4(2)(d) is amended by inserting after "section 43(1)" --
25                " or (2a)          ".

     58.          Section 56A amended
                  Section 56A is amended by deleting "Notwithstanding
                  section 5(1), the" and inserting instead --
                  "     The     ".


                                                                                  page 31
    Acts Amendment (Justice) Bill 2007
    Part 12      Guardianship and Administration Act 1990 amended

    s. 59



    59.       Section 86 amended
              Section 86(1) is amended by inserting after paragraph (a) --
                     "
                           or
5                   (aa)   the Public Trustee; or
                                                                            ".




    page 32
                                                 Acts Amendment (Justice) Bill 2007
                              Industrial Relations Act 1979 amended        Part 13

                                                                                  s. 60



           Part 13 -- Industrial Relations Act 1979 amended
     60.         The Act amended in this Part
                 The amendments in this Part are to the Industrial Relations
                 Act 1979.

 5   61.         Section 81CA amended
           (1)   Section 81CA(4) is repealed.
           (2)   Section 81CA(5) is amended by deleting "summary
                 jurisdiction." and inserting instead --
                 "
10                     summary jurisdiction and the Criminal Procedure
                       Act 2004 applies.
                                                                                    ".
           (3)   Section 81CA(6) is repealed.
           (4)   Section 81CA(7) is repealed.

15   62.         Section 81CB inserted
                 After section 81CA the following section is inserted --
     "
             81CB.     Industrial magistrate's court judgments,
                       enforcement of
20               (1)   In this section --
                       "general jurisdiction" has the meaning given to that
                            term by section 81CA;
                       "judgment" includes an order, direction or decision.
                 (2)   A person to whom money is to be paid under a
25                     judgment of an industrial magistrate's court made in
                       the exercise of general jurisdiction may enforce it by
                       lodging a copy of it, certified by a clerk of the court,



                                                                             page 33
     Acts Amendment (Justice) Bill 2007
     Part 13      Industrial Relations Act 1979 amended

     s. 63



                       and an affidavit stating to what extent it has not been
                       complied with, with a court of competent jurisdiction.
                 (3)   If, or to the extent that, a judgment of an industrial
                       magistrate's court made in the exercise of general
 5                     jurisdiction does not require the payment of money, a
                       person entitled to the benefit of the judgment may
                       enforce it by lodging a copy of it, certified by a clerk of
                       the court, and an affidavit stating to what extent it has
                       not been complied with, with the Magistrates Court.
10               (4)   A judgment that is lodged with a court under
                       subsection (2) or (3) is to be taken to be a judgment of
                       that court and may be enforced accordingly.
                                                                                     ".

     63.         Section 83D amended
15               Section 83D(1) is repealed and the following subsection is
                 inserted instead --
             "
                 (1)   An industrial magistrate's court has jurisdiction to hear
                       and determine any charge of an offence under this Act
20                     other than an offence under section 80(3).
                                                                                     ".

     64.         Section 113 amended
                 Section 113(3) is amended by deleting "and the enforcement of
                 a judgment, order, direction, or other decision of an industrial
25               magistrate's court".




     page 34
                                                  Acts Amendment (Justice) Bill 2007
                                             Juries Act 1957 amended        Part 14

                                                                                       s. 65



                       Part 14 -- Juries Act 1957 amended
     65.         The Act amended in this Part
                 The amendments in this Part are to the Juries Act 1957.

     66.         Section 44 replaced
 5               Section 44 is repealed and the following section is inserted
                 instead --
     "
           44.          Payments for juries in civil trials
                 (1)    If trial by jury is ordered in a civil trial, the party that
10                      applied for the order must pay the summoning officer,
                        before the time or times prescribed --
                           (a) the prescribed amount for summoning the
                                  jurors; and
                          (b) the prescribed amount for an officer of the
15                                court to attend on the jury for the first day of
                                  the trial; and
                           (c) a deposit of such amount as the summoning
                                  officer estimates and advises the party will be
                                  needed to meet the payments that will have to
20                                be made under section 58B for the first day of
                                  the trial.
                 (2)    If an amount is not paid as required by subsection (1),
                        the trial shall proceed as if a trial by jury had not been
                        ordered, notwithstanding any other Act.
25               (3)    The party referred to in subsection (1) must also pay
                        the summoning officer for each day of the trial after the
                        first day, before the time or times prescribed --
                           (a) the prescribed amount for an officer of the
                                 court to attend on the jury for the day; and
30                        (b) a deposit of such amount as the summoning
                                 officer estimates and advises the party will be

                                                                                page 35
     Acts Amendment (Justice) Bill 2007
     Part 14      Juries Act 1957 amended

     s. 67



                             needed to meet the payments that will have to
                             be made under section 58B for the day.
               (4)   If an amount is not paid for a day as required by
                     subsection (3), the court may, unless the amount is paid
 5                   by another party, discharge the jury and finish the trial
                     and decide the case without a jury, notwithstanding that
                     the trial commenced with a jury, and notwithstanding
                     any other Act.
                                                                                 ".

10   67.       Section 58B inserted
               After section 58A the following section is inserted --
     "
             58B.    Jury service, payments for
               (1)   For the purposes of this section a person does jury
15                   service if he or she, having been required under this
                     Act to do so, attends at any place in order to serve, or
                     does serve, as a juror.
               (2)   A person who does jury service is entitled to be paid by
                     the State the allowances and expenses prescribed by
20                   the regulations in respect of doing the jury service.
               (3)   If a person does jury service for a period when he or
                     she is employed by an employer under a contract of
                     service, the employer must pay the person the earnings
                     that he or she could reasonably expect to have been
25                   paid in that period under the contract, despite any
                     breach of the contract caused by doing the jury service.
                     Penalty: a fine of $2 000.
               (4)   An employer who in accordance with subsection (3)
                     pays a person during any period when the person does
30                   jury service is entitled to be paid by the State the fees
                     in accordance with the regulations for the person's



     page 36
                                              Acts Amendment (Justice) Bill 2007
                                         Juries Act 1957 amended        Part 14

                                                                                 s. 68



                     service, unless the employer is in a class of employer
                     prescribed by the regulations.
               (5)   If a person to whom subsection (3) applies is not paid
                     under that subsection, the person is entitled to be paid
 5                   by the State the fees in accordance with the regulations
                     for the jury service, unless the person is in a class of
                     person prescribed by the regulations.
               (6)   A person who does jury service but to whom
                     subsection (3) does not apply is entitled to be paid by
10                   the State the fees in accordance with the regulations for
                     the jury service, unless the person is in a class of
                     person prescribed by the regulations.
               (7)   A claim to the State for a payment under this section
                     must be made and determined under the regulations.
15             (8)   Any amount paid under this section by the State to or
                     in respect of a juror for a trial in criminal proceedings
                     is to be charged to the Consolidated Account.
                                                                                   ".

     68.       Section 62 amended
20             Section 62(3) is repealed and the following subsection is
               inserted instead --
           "
               (3)   The Governor may make regulations prescribing all
                     matters that are necessary or convenient to be
25                   prescribed for the purposes of section 58B including
                     regulations --
                       (a) that confer a discretionary authority;
                       (b) that require information in support of a claim to
                             the State for a payment to be verified by a
30                           statutory declaration.
                                                                                   ".



                                                                           page 37
Acts Amendment (Justice) Bill 2007
Part 14      Juries Act 1957 amended

s. 69



69.       Second Schedule amended
          The Second Schedule clause 2 is amended by deleting
          paragraph (c).




page 38
                                                    Acts Amendment (Justice) Bill 2007
                                     Magistrates Court Act 2004 amended       Part 15

                                                                                      s. 70



             Part 15 -- Magistrates Court Act 2004 amended
     70.              The Act amended in this Part
                      The amendments in this Part are to the Magistrates Court
                      Act 2004.

 5   71.              Section 33 amended
           (1)        Section 33(5) and (6) are repealed.
           (2)        Section 33(8) and (9) are repealed and the following subsections
                      are inserted instead --
                 "
10                    (8)   On an application by a person the Court, unless it has
                            good reason not to do so, shall give the person leave,
                            either unconditionally or on any conditions the Court
                            imposes, to inspect, obtain a copy of, view or listen to,
                            any information held by the Court in relation to any
15                          case that has been or is being dealt with by it.
                      (9)   Rules of court may --
                             (a) prohibit or regulate access to and obtaining
                                   information held by the Court in relation to a
                                   case that has been or is being dealt with by it;
20                           (b) entitle a person to access to or to obtain a copy
                                   of any such information.
                                                                                           ".
           (3)        After section 33(11) the following subsection is inserted --
                 "
25                   (12)   If under this section, rules of court, or the regulations, a
                            document may be supplied to a person, it may, at the
                            request of the person, be supplied in an electronic form.
                                                                                           ".




                                                                                   page 39
    Acts Amendment (Justice) Bill 2007
    Part 15      Magistrates Court Act 2004 amended

    s. 72



    72.         Schedule 1 amended
          (1)   Schedule 1 clause 9(8) is amended by inserting after
                "functions" --
                "   , protection and immunity   ".
5         (2)   Schedule 1 clause 10(6) is amended by inserting after
                "functions" --
                "   , protection and immunity   ".




    page 40
                                              Acts Amendment (Justice) Bill 2007
           Magistrates Court (Civil Proceedings) Act 2004 amended       Part 16

                                                                               s. 73



           Part 16 -- Magistrates Court (Civil Proceedings)
                       Act 2004 amended
     73.      The Act amended in this Part
              The amendments in this Part are to the Magistrates Court (Civil
 5            Proceedings) Act 2004.

     74.      Section 3 amended
              Section 3(1) is amended in the definition of "public authority"
              as follows:
                (a) by inserting after each of paragraphs (a), (b) and (d) --
10                    " or ";
                (b) by inserting after paragraph (d) --
                       "
                           (e)     the State of Western Australia;
                                                                                    ".

15   75.      Section 7 amended
              Section 7(3) is amended as follows:
                (a) by deleting "by a consumer or a trader (the "claimant")";
               (b) by deleting paragraph (a) and "and" after it and inserting
                     instead --
20                 "
                        (a)      that arises out of a contract between a consumer
                                 and a trader for the supply of goods or the
                                 provision of services; and
                       (aa)      that is made by the consumer or the trader
25                               against the other; and
                                                                                    ".




                                                                            page 41
     Acts Amendment (Justice) Bill 2007
     Part 16      Magistrates Court (Civil Proceedings) Act 2004 amended

     s. 76



     76.         Section 14 amended
                 After section 14(5) the following subsection is inserted --
             "
                 (6)    The Court may decide that the procedure set out in
 5                      rules of court to be followed in a case is not appropriate
                        for the case, in which case the procedure is to be that
                        decided by the Court.
                                                                                     ".
     77.         Section 30 amended
10               Section 30(4) is amended by inserting after paragraph (a) --
                 " or      ".
     78.         Section 31 amended
                 Section 31(3) is amended by deleting the full stop after
                 paragraph (b) and inserting instead --
15                         "
                                 ; or
                           (c)   the proceedings in the minor case --
                                    (i) were commenced but not concluded in a
                                        Local Court before 1 May 2005; and
20                                 (ii) were, immediately before 1 May 2005,
                                        not proceedings that were being heard
                                        and determined under the Local Courts
                                        Act 1904 Part VIA.
                                                                                     ".
25   79.         Section 44 amended
                 Section 44(2) is amended as follows:
                   (a) by deleting paragraph (b) and inserting instead --
                       "
                           (b)   if the party is a corporation --
30                                  (i) by one of its officers; or

     page 42
                                       Acts Amendment (Justice) Bill 2007
    Magistrates Court (Civil Proceedings) Act 2004 amended       Part 16

                                                                    s. 79



                      (ii)   by one of its employees who has written
                             authority from one of its officers to do
                             so;
                     or
5                                                                       ";
         (b)   after paragraph (a) by inserting --
               " or ".




                                                                 page 43
     Acts Amendment (Justice) Bill 2007
     Part 17      Oaths, Affidavits and Statutory Declarations Act 2005
                  amended

     s. 80


      Part 17 -- Oaths, Affidavits and Statutory Declarations
                       Act 2005 amended
     80.         The Act amended in this Part
                 The amendments in this Part are to the Oaths, Affidavits and
 5               Statutory Declarations Act 2005.

     81.         Section 6 amended
                 Section 6(1) is amended by deleting paragraphs (a) and (b) and
                 "or" between them and inserting instead --
                       "
10                         (a)   in the case of a witness before a court, by the
                                 judicial officer who is presiding in the court or
                                 by a person who is authorised to do so by that
                                 judicial officer; or
                           (b)   in the case of a witness before a person acting
15                               judicially, by that person or by a person who is
                                 authorised to do so by that person.
                                                                                     ".
     82.         Section 7 amended
                 After section 7(2) the following subsection is inserted --
20           "
                 (3)   The person ("A") administering an oath or taking the
                       affirmation of another person ("B") by means of an
                       audio link or a video link, within the meaning of those
                       terms in the Evidence Act 1906 section 120, may do so
25                     in as nearly as practicable the same way as if B were in
                       the presence of A.
                                                                                     ".




     page 44
                                             Acts Amendment (Justice) Bill 2007
                       Planning and Development Act 2005 amended       Part 18

                                                                                 s. 83



           Part 18 -- Planning and Development Act 2005
                            amended
     83.     The Act amended in this Part
             The amendments in this Part are to the Planning and
 5           Development Act 2005.

     84.     Section 237 amended
             Section 237 is amended as follows:
               (a) by deleting the definition of "ordinary member";
              (b) by inserting in the appropriate alphabetical positions --
10           "
                       "judicial member" has the meaning given to that term
                           in section 3(1) of the State Administrative Tribunal
                           Act 2004;
                       "Tribunal member" has the meaning given to that
15                         term in section 3(1) of the State Administrative
                           Tribunal Act 2004.
                                                                                   ";
                 (c)    by deleting the full stop after the definition of
                        "President" and inserting instead a semicolon.

20   85.     Section 237A inserted
             After section 237 the following section is inserted --
     "
           237A.       Constitution of State Administrative Tribunal
             (1)       When exercising the jurisdiction referred to in
25                     section 236(2), the State Administrative Tribunal is to
                       be constituted under this section and section 238.
             (2)       The State Administrative Tribunal is to be constituted
                       by one Tribunal member when it is dealing with an



                                                                            page 45
     Acts Amendment (Justice) Bill 2007
     Part 18      Planning and Development Act 2005 amended

     s. 85



                     application for a review of the determination of, or
                     conditions imposed in respect of --
                       (a) a development application to commence a
                             development of a value of less than $250 000 or
 5                           such other amount as is prescribed by
                             regulations made under the State Administrative
                             Tribunal Act 2004; or
                       (b) a development application to commence a
                             development of a single house on a single lot
10                           where the development is of a value of less than
                             $500 000 or such other amount as is prescribed
                             by regulations made under the State
                             Administrative Tribunal Act 2004, or any
                             development ancillary to that development; or
15                     (c) an application for approval to subdivide a lot
                             into not more than 3 lots.
               (3)   The State Administrative Tribunal is to be constituted
                     by one Tribunal member when it is dealing with an
                     application that the applicant, with the agreement of
20                   each other party, has elected at the time of making the
                     application to have determined by one Tribunal
                     member.
               (4)   If --
                        (a)   subsection (2) or (3) does not apply; or
25                     (b)    the President is of the opinion that an
                              application referred to in subsection (2) or (3) is
                              likely to raise complex or significant planning
                              issues,
                     the State Administrative Tribunal is to be constituted
30                   under section 11 of the State Administrative Tribunal
                     Act 2004.
                                                                                    ".




     page 46
                                             Acts Amendment (Justice) Bill 2007
                       Planning and Development Act 2005 amended       Part 18

                                                                             s. 86



     86.         Section 238 amended
                 Section 238(3) and (4) are repealed.

     87.         Section 239 amended
                 Section 239(1) is amended by deleting "section 238(3)(a)" and
 5               inserting instead --
                 "   section 237A(2)     ".

     88.         Section 244 amended
           (1)   Section 244(1) is amended by deleting "the President" and
                 inserting instead --
10               "   a judicial member        ".
           (2)   Section 244(2) is amended by deleting "the President" and
                 inserting instead --
                 "   a judicial member        ".
           (3)   Section 244(4) is repealed.




                                                                        page 47
     Acts Amendment (Justice) Bill 2007
     Part 19      Restraining Orders Act 1997 amended

     s. 89



            Part 19 -- Restraining Orders Act 1997 amended
     89.         The Act amended in this Part
                 The amendments in this Part are to the Restraining Orders
                 Act 1997.

 5   90.         Section 3 amended
                 Section 3 is amended in the definition of "final order" by
                 deleting paragraph (c) and "or" after it and inserting instead --
                          "
                              (c)     made under section 49(1)(b) to vary a final
10                                    order, being a replacement or additional final
                                      order made under that section; or
                                                                                       ".

     91.         Section 6 amended
           (1)   Section 6(1)(e) is amended by inserting before "causing" --
15               "   pursuing the person or a third person, or      ".
           (2)   Section 6(2)(c) is amended by inserting before "causing" --
                 "   pursuing the person or a third person, or      ".

     92.         Section 10 amended
                 Section 10(4)(a) is deleted and the following paragraph is
20               inserted instead --
                      "
                          (a)       the person to be bound by the order to be
                                    personally served with it; and
                                                                                       ".




     page 48
                                                        Acts Amendment (Justice) Bill 2007
                                       Restraining Orders Act 1997 amended        Part 19

                                                                                         s. 93



     93.              Section 27 amended
                      Section 27(4) is repealed and the following subsections are
                      inserted instead --
                 "
 5                    (4)       A hearing fixed under section 26(2) is to be in closed
                                court.
                     (4a)       Despite subsection (4) --
                                 (a) the person seeking to be protected is entitled to
                                       have one or more persons near him or her to
10                                     provide support; and
                                 (b) the court may permit any person who is not a
                                       party to the proceedings to be in the court.
                                                                                           ".

     94.              Section 30E amended
15         (1)        Section 30E(2)(a) is amended by inserting after "person" --
                      " or persons           ".
           (2)        Section 30E(3) is amended as follows:
                       (a) by deleting "A police officer who makes a police order
                             is to explain at the time the order is made, or served,"
20                           and inserting instead --
                      "
                                At the time a police order is made or served, a police
                                officer is to explain
                                                                                           ";
25                        (b)    by inserting after paragraphs (a) and (b) --
                                 " and ".
           (3)        Section 30E(5)(a) is amended by deleting "the police" and
                      inserting instead --
                      "     a police    ".


                                                                                    page 49
     Acts Amendment (Justice) Bill 2007
     Part 19      Restraining Orders Act 1997 amended

     s. 95



     95.              Section 42 amended
           (1)        Section 42(4) is amended as follows:
                        (a) by deleting "subject to the rules of evidence, a court is to
                             receive" and inserting instead --
 5                           " a court is to admit ";
                       (b) by deleting ", except that such record of evidence is not
                             to be received as evidence unless the person who gave
                             the evidence is available to be cross-examined on that
                             evidence." and inserting instead --
10                           " that is relevant to the application. ".
           (2)        After section 42(4) the following subsection is inserted --
                 "
                      (5)   A court is not to admit as evidence a record of evidence
                            referred to in subsection (4) unless --
15                            (a) the person who gave the evidence is available
                                    to be cross-examined on that evidence; or
                              (b) the laws of evidence allow the record to be
                                    admitted; or
                              (c) each party at the hearing consents.
20                                                                                     ".

     96.              Section 43 amended
                      After section 43(1) the following subsection is inserted --
                 "
                     (1a)   Without limiting subsection (1), at a final order
25                          hearing, a court --
                              (a) may, subject to Part 2, make a final violence
                                   restraining order even if the application was for
                                   a misconduct restraining order;




     page 50
                                                   Acts Amendment (Justice) Bill 2007
                                  Restraining Orders Act 1997 amended        Part 19

                                                                                  s. 97



                            (b)   may, subject to Part 3, make a final misconduct
                                  restraining order --
                                    (i) even if the application was for a
                                          violence restraining order; and
 5                                 (ii) even if an interim order is in force.
                                                                                      ".

     97.             Section 48 amended
           (1)       Section 48(3) is amended as follows:
                       (a) by deleting "subject to the rules of evidence, a court is to
10                          receive" and inserting instead --
                            " a court is to admit ";
                      (b) by deleting "except that such record of evidence is not to
                            be received as evidence unless the person who gave the
                            evidence is available to be cross-examined on that
15                          evidence." and inserting instead --
                            " that is relevant to the application.   ".
           (2)       After section 48(3) the following subsection is inserted --
                 "
                     (4)   A court is not to admit as evidence a record of evidence
20                         referred to in subsection (3) unless --
                             (a) the person who gave the evidence is available
                                   to be cross-examined on that evidence; or
                             (b) the laws of evidence allow the record to be
                                   admitted; or
25                           (c) each party at the hearing consents.
                                                                                      ".




                                                                               page 51
     Acts Amendment (Justice) Bill 2007
     Part 19      Restraining Orders Act 1997 amended

     s. 98



     98.              Section 49 amended
           (1)        Section 49(1) is repealed and the following subsection is
                      inserted instead --
                 "
 5                    (1)   Subject to section 48, at a hearing fixed under
                            section 47 of an application made under section 45 the
                            court may --
                              (a) dismiss the application; or
                              (b) if it decides to vary an interim order or a final
10                                  order --
                                      (i) cancel the original order and make a
                                            replacement order that contains the
                                            variations; or
                                     (ii) make an additional interim order or final
15                                          order, to be read with the original order,
                                            that states the variations;
                                    or
                              (c) if it decides to cancel an interim order or a final
                                    order, cancel the order.
20                                                                                       ".
           (2)        After section 49(1a) the following subsection is inserted --
                 "
                     (1b)   If a court varies an interim order by cancelling it and
                            making a new one, any objection that the respondent
25                          made to the cancelled order applies to the new order
                            and the new order is to be dealt with accordingly.
                                                                                         ".




     page 52
                                                   Acts Amendment (Justice) Bill 2007
                                  Restraining Orders Act 1997 amended        Part 19

                                                                                     s. 99



     99.             Section 53E amended
                     Section 53E(3) is repealed and the following subsection is
                     inserted instead --
                 "
 5                   (3)   If a representation made by a child is to be admitted in
                           evidence, evidence of the making and content of the
                           representation is to be given by a person who was
                           present when the child made it.
                                                                                       ".

10   100.            Section 59 replaced
                     Section 59 is repealed and the following section is inserted
                     instead --
     "
             59.           Service of restraining order, certain people to be
15                         notified of
                     (1)   As soon as practicable after a restraining order is
                           served on the person who is bound by the order, the
                           person who served the order is to --
                             (a) complete the proof of service copy of the order;
20                                and
                             (b) cause it to be delivered to the registrar.
                     (2)   As soon as practicable after the registrar receives the
                           proof of service copy of a restraining order, the
                           registrar is to notify the applicant that the order has
25                         been served.
                                                                                       ".

     101.            Section 62B amended
           (1)       Section 62B(1) is amended by deleting "but with the approval
                     of a senior officer under section 62D,".




                                                                                page 53
     Acts Amendment (Justice) Bill 2007
     Part 19      Restraining Orders Act 1997 amended

     s. 102



        (2)        After section 62B(1) the following subsections are inserted --
              "
                  (1a)   A police officer must not enter premises under
                         subsection (1) unless the officer has a senior officer's
 5                       approval given under section 62D or --
                           (a) the officer believes on reasonable grounds that
                                 he or she should exercise the powers under
                                 subsection (1) urgently; and
                           (b) the officer cannot use remote communication to
10                               apply for a senior officer's approval under
                                 section 62D.
                  (1b)   A police officer who enters premises without a senior
                         officer's approval given under section 62D must report
                         why the entry was made and what happened at the
15                       premises to a senior officer as soon as practicable after
                         the entry.
                                                                                     ".

     102.          Section 62E amended
                   After section 62E(1) the following subsection is inserted --
20            "
                  (1a)   In order to exercise a power under subsection (1), a
                         police officer may use any force against any person or
                         thing that it is reasonably necessary to use in the
                         circumstances.
25                                                                                   ".

     103.          Section 62F amended
        (1)        Section 62F is amended by inserting before "If --" the
                   subsection designation "(1)".




     page 54
                                                     Acts Amendment (Justice) Bill 2007
                                    Restraining Orders Act 1997 amended        Part 19

                                                                                 s. 104



       (2)        At the end of section 62F the following subsection is inserted --
             "
                  (2)     If a police officer suspects on reasonable grounds that a
                          restraining order has been made but not served on the
 5                        person who is bound by it, the officer may, without a
                          warrant and in order to facilitate service of the order on
                          the person --
                             (a) require the person to remain in a place
                                   designated by the officer while the officer gets
10                                 the order; and
                            (b) if the person does not, or the officer reasonably
                                   believes the person will not, remain in the
                                   place, arrest and detain the person in custody
                                   for up to 2 hours.
15                                                                                     ".

     104.         Section 63 amended
                  After section 63(3a) the following subsection is inserted --
             "
                 (3b)     A court may make a restraining order under this section
20                        against a person and for the protection of another
                          person even if a restraining order in similar terms in
                          respect of those persons is in force, but if it does, the
                          court must specify that the order comes into force
                          immediately the earlier order expires.
25                                                                                     ".

     105.         Section 70 amended
                  Section 70(1) is amended by deleting "clerk" and inserting
                  instead --
                  "     registrar    ".




                                                                               page 55
     Acts Amendment (Justice) Bill 2007
     Part 20      Sentencing Act 1995 amended

     s. 106



                   Part 20 -- Sentencing Act 1995 amended
     106.          The Act amended in this Part
                   The amendment in this Part is to the Sentencing Act 1995.

     107.          Section 37 amended
 5                 After section 37(3) the following subsection is inserted --
              "
                  (3a)   A sentence imposed or corrected under this section has
                         effect from the time at which the recalled or incorrect
                         sentence had effect, unless the court orders otherwise.
10                                                                                 ".




     page 56
                                             Acts Amendment (Justice) Bill 2007
            Sentencing Legislation Amendment and Repeal Act 2003       Part 21
                                                       amended

                                                                                     s. 108


         Part 21 -- Sentencing Legislation Amendment and
                    Repeal Act 2003 amended
     108.      The Act amended in this Part
               The amendments in this Part are to the Sentencing Legislation
 5             Amendment and Repeal Act 2003.

     109.      Schedule 1 amended
               After Schedule 1 clause 5 the following clause is inserted --
     "
            5A.         Minister may discharge certain prisoners from old
10                      parole terms
                  (1)   In this clause --
                        "discharge" means a discharge given under subclause (5);
                        "Minister" means the Minister administering Part 8 of the
                              Sentence Administration Act 2003;
15                      "old parole term" means a parole term to which the old
                             provisions apply.
                  (2)   This clause does not affect the operation of section 95(2) of
                        the Sentencing Act 1995 as it was before the sentencing
                        amendments.
20                (3)   The Prisoners Review Board established under the Sentence
                        Administration Act 2003 may at any time give the Minister a
                        report recommending that a person who is subject to an old
                        parole term and who has served two thirds of the term be
                        discharged from the term.
25                (4)   Any such report must deal with the release considerations
                        (as that term is defined in section 5A of the Sentence
                        Administration Act 2003) relating to the person.
                  (5)   If the Minister, after considering such a report, is
                        satisfied --
30                        (a)   that the person has served two thirds of the term;
                                and

                                                                                 page 57
     Acts Amendment (Justice) Bill 2007
     Part 21      Sentencing Legislation Amendment and Repeal Act 2003
                  amended

     s. 109


                       (b)   after taking into account --
                                (i)   the release considerations in the report
                                      relating to the person; and
                               (ii)   section 5B of the Sentence Administration
 5                                    Act 2003,
                             that the person ought to be discharged from the term
                             despite the old provisions,
                     the Minister, in writing, may discharge the person from the
                     term.
10             (6)   A discharge --
                       (a)   has effect on the date of the discharge or on any
                             later date specified in it; and
                       (b)   has effect despite the old provisions.
               (7)   If, on the date a discharge has effect in relation to a person
15                   who is subject to an old parole term, the person is in
                     custody, the person must be released in respect of that term.
               (8)   If, on the date a discharge has effect in relation to a person
                     who is subject to an old parole term, the person is subject to
                     a parole order made in respect of that term, the person
20                   ceases to be subject to the parole order in so far as it applies
                     in respect of that term.
                                                                                        ".




     page 58
                                                 Acts Amendment (Justice) Bill 2007
                      State Administrative Tribunal Act 2004 amended       Part 22

                                                                                 s. 110



         Part 22 -- State Administrative Tribunal Act 2004
                           amended
     110.       The Act amended in this Part
                The amendments in this Part are to the State Administrative
 5              Tribunal Act 2004.

     111.       Section 11 amended
                Section 11(5)(a) is deleted and the following is inserted
                instead --
                      "
10                         (a)   a hearing at which the Tribunal makes a
                                 decision other than a final decision; or
                          (aa)   a hearing at which the Tribunal makes a final
                                 decision with the consent of the parties; or
                                                                                    ".

15   112.       Section 42 amended
                After section 42(3) the following subsection is inserted --
            "
                (4)    Proceedings before the Tribunal cannot be commenced
                       by 2 or more persons jointly unless the facts or
20                     circumstances relating to each person's interests are the
                       same or related.
                                                                                    ".

     113.       Section 51A inserted
                After section 51 the following section is inserted --
25   "
            51A.       Splitting proceedings
                (1)    The Tribunal may direct --
                        (a) that any aspect of any proceedings be heard and
                              determined separately;

                                                                            page 59
     Acts Amendment (Justice) Bill 2007
     Part 22      State Administrative Tribunal Act 2004 amended

     s. 114



                            (b)   that proceedings commenced by 2 or more
                                  persons jointly be split into separate
                                  proceedings.
                  (2)     The Tribunal's power to give a direction under
 5                        subsection (1) is exercisable by a sitting member for
                          the proceedings who is a legally qualified member.
                                                                                       ".

     114.         Section 66 amended
        (1)       Section 66(2) is amended by deleting "subsection (1)(a)" and
10                inserting instead --
                  "     subsection (1)   ".
        (2)       Section 66(3) is repealed.

     115.         Section 171 amended
                  After section 171(2) the following subsections are inserted --
15            "
                  (3)     If a question arises as to the fee payable or applicable
                          in a particular case, the question is to be decided by the
                          executive officer.
                  (4)     A person affected by a decision of the executive officer
20                        made under subsection (3) may have it reviewed by the
                          President in a summary way.
                                                                                       ".




     page 60
                                             Acts Amendment (Justice) Bill 2007
                                  Supreme Court Act 1935 amended       Part 23

                                                                              s. 116



             Part 23 -- Supreme Court Act 1935 amended
     116.        The Act amended in this Part
                 The amendments in this Part are to the Supreme Court Act 1935.

     117.        Section 9A amended
 5               After section 9A(4) the following subsection is inserted --
             "
                 (5)   A person who resigns from the office of President or
                       judge of appeal without resigning from the office of
                       judge may complete the hearing and determination of
10                     any appeal, application or proceeding that was pending
                       before the person immediately before the resignation
                       took effect.
                                                                                 ".

     118.        Section 60 amended
15               Section 60(1) is amended as follows:
                   (a) by deleting paragraph (d);
                  (b) in paragraph (e) by deleting "making the order," and
                        inserting instead --
                        " or of the Court of Appeal, ".

20   119.        Section 155 amended
       (1)       Section 155(3) is amended as follows:
                   (a) in paragraph (a) by inserting after "Registrar" in the first
                        place it appears --
                        " or a registrar directed under subsection (4) ";
25                (b) in paragraph (b) by inserting after "Appeal Registrar" --
                        " or a registrar directed under subsection (4) ".




                                                                           page 61
     Acts Amendment (Justice) Bill 2007
     Part 23      Supreme Court Act 1935 amended

     s. 120



        (2)       After section 155(3) the following subsection is inserted --
              "
                  (4)   If the Chief Justice and the President agree that the
                        Court of Appeal Registrar's workload justifies doing
 5                      so, the Chief Justice may direct a registrar to
                        temporarily assist the Court of Appeal Registrar to
                        perform the functions of that office.
                                                                                  ".

     120.         Section 156 amended
10                After section 156(2) the following subsections are inserted --
              "
                  (3)   The Sheriff may delegate to a bailiff appointed under
                        the Civil Judgments Enforcement Act 2004, on any
                        terms the Sheriff thinks fit, the performance of any
15                      function under subsection (1).
                  (4)   If a delegation is made under subsection (3), the Civil
                        Judgments Enforcement Act 2004 section 109(2) and
                        (4) to (8) apply with any necessary changes.
                                                                                  ".




     page 62
                                                       Acts Amendment (Justice) Bill 2007
                                        Transfer of Land Act 1893 amended        Part 24

                                                                                    s. 121



            Part 24 -- Transfer of Land Act 1893 amended
     121.         The Act amended in this Part
                  The amendments in this Part are to the Transfer of Land
                  Act 1893.

 5   122.         Section 133 amended
       (1)        After section 133(1) the following subsection is inserted --
             "
                 (1a)    An application to the Registrar under this section must
                         be made in an approved form.
10                                                                                       ".
       (2)        Section 133(3) is amended as follows:
                    (a) by deleting paragraph (b);
                   (b) after each of paragraphs (a), (c), (d) and (e) by
                         inserting --
15                       " and ".
       (3)        Section 133(4) is amended after paragraph (a) by inserting --
                  "     and       ".
       (4)        Section 133(8) is amended by deleting the full stop after
                  paragraph (b) and inserting --
20                            "
                                       ; or
                              (c)      the instrument is another property (seizure and
                                       sale) order.
                                                                                         ".
25     (5)        Section 133(11) is amended after paragraph (a) by inserting --
                  "     and       ".




                                                                                  page 63
     Acts Amendment (Justice) Bill 2007
     Part 24      Transfer of Land Act 1893 amended

     s. 122



        (6)        Section 133(12) is repealed and the following subsection is
                   inserted instead --
              "
                  (12)   If while the order has effect --
 5                          (a) a saleable interest in respect of which the order
                                 is registered is transferred by the registration of
                                 a Sheriff 's dealing or otherwise; or
                           (b) the judgment creditor applies to the Registrar
                                 for the order to be discharged in relation to a
10                               saleable interest in respect of which the order is
                                 registered; or
                            (c) on an application made to the Registrar by any
                                 person and accompanied by the prescribed fee,
                                 the Registrar is satisfied that --
15                                  (i) the judgment to which the order relates
                                         has been satisfied; or
                                   (ii) the order has been cancelled by the
                                         court that issued it; or
                                  (iii) the sale period has expired,
20                       the Registrar must register a partial or total discharge
                         of the order, as the case requires, with effect from the
                         time when the saleable interest was transferred, or the
                         application was lodged, as the case requires.
                                                                                       ".
25      (7)        Section 133(13) is amended by deleting "the circumstances
                   justify doing so," and inserting instead --
                   "
                         there is a good reason why a sale of the saleable
                         interest will not occur during the sale period,
30                                                                                     ".




     page 64
                                                     Acts Amendment (Justice) Bill 2007
                                      Transfer of Land Act 1893 amended        Part 24

                                                                                   s. 123



       (8)        Section 133(14) is repealed and the following subsection is
                  inserted instead --
             "
                 (14)     Unless the court orders otherwise, an application made
 5                        under subsection (13) must be served on --
                            (a) the judgment debtor; and
                            (b) any other judgment creditor who has obtained
                                 the registration of a property (seizure and sale)
                                 order in respect of the saleable interest; and
10                          (c) any other person who has an interest in the
                                 saleable interest.
                                                                                      ".
       (9)        Section 133(16) is amended by deleting "have expired" and
                  inserting instead --
15                "     expire   ".
      (10)        Section 133(17) is repealed and the following subsection is
                  inserted instead --
             "
                 (17)     If an order, an application and the prescribed fee are
20                        lodged under subsection (16) before the sale period
                          would otherwise expire --
                             (a) the Registrar must register the order; and
                            (b) the registered order extends the sale period
                                  from its expiry for the period stated in the
25                                order.
                                                                                      ".

     123.         Section 138 amended
                  Section 138(1) is amended by deleting "lodged or" and inserting
                  instead --
30                "     lodged and     ".



                                                                               page 65
     Acts Amendment (Justice) Bill 2007
     Part 24      Transfer of Land Act 1893 amended

     s. 124



     124.      Section 139 amended
               Section 139(1) is amended as follows:
                 (a) by deleting "Subject to the provisions of the next
                      succeeding subsection except in the cases provided by
 5                    section 142 so long as" and inserting instead --
                      " While ";
                (b) by deleting "lodged." and inserting instead --
               "
                    lodged unless --
10                    (a) subsection (2) applies; or
                      (b) the instrument is a property (seizure and sale)
                           order within the meaning given in section 133;
                           or
                      (c) the instrument is a Sheriff's dealing (within the
15                         meaning given in section 133) and the matter to
                           which the caveat relates does not, under
                           section 133(7), prevail against the dealing; or
                      (d) section 142 applies.
                                                                              ".




     page 66
                                              Acts Amendment (Justice) Bill 2007
                               Victims of Crime Act 1994 amended        Part 25

                                                                            s. 125



            Part 25 -- Victims of Crime Act 1994 amended
     125.       The Act amended in this Part
                The amendments in this Part are to the Victims of Crime
                Act 1994.

 5   126.       Section 6 amended
                Section 6(1) is repealed and the following subsection is inserted
                instead --
            "
                (1)   The Minister is to carry out a review of the operation
10                    and effectiveness of this Act as soon as is practicable
                      after --
                        (a) 1 January 2010; and
                        (b) the expiry of each 5 year period after that day.
                                                                                ".




                                                                          page 67
     Acts Amendment (Justice) Bill 2007
     Part 26      Various Acts amended

     s. 127



                    Part 26 -- Various Acts amended
     127.      Community Protection (Offender Reporting) Act 2004
               amended
        (1)    The amendments in this section are to the Community
 5             Protection (Offender Reporting) Act 2004.
        (2)    Section 22(2) is amended by deleting "Full Court" and inserting
               instead --
               "   Court of Appeal    ".
        (3)    Section 102(2) is amended by deleting "Full Court" and
10             inserting instead --
               "   Court of Appeal    ".

     128.      Corruption and Crime Commission Act 2003 amended
        (1)    The amendments in this section are to the Corruption and
               Crime Commission Act 2003.
15      (2)    Section 184(3)(c) is amended by deleting "and 133" and
               inserting instead --
               "   , 133 and 140 ".

     129.      The Criminal Code amended
        (1)    The amendments in this section are to The Criminal Code.
20      (2)    The heading to Part V is amended by deleting "marriage and".
        (3)    Section 563B(3) is amended by deleting "defendant" in the
               2 places where it occurs and in each place inserting instead --
               "   accused   ".

     130.      Pawnbrokers and Second-hand Dealers Act 1994 amended
25      (1)    The amendments in this section are to the Pawnbrokers and
               Second-hand Dealers Act 1994.


     page 68
                                                Acts Amendment (Justice) Bill 2007
                                               Various Acts amended       Part 26

                                                                               s. 131



       (2)       Section 83(3) is repealed and the following subsection is
                 inserted instead --
             "
                 (3)     An arrest made under this section is to be taken to be
 5                       an arrest made under section 25 of the Criminal
                         Investigation Act 2006 and section 25(5) to (7) of that
                         Act applies accordingly.
                                                                                   ".

     131.        Road Traffic Act 1974 amended
10     (1)       The amendments in this section are to the Road Traffic
                 Act 1974.
       (2)       Section 100(1) is amended by deleting "section 72" and
                 inserting instead --
                 "     section 78   ".

15   132.        Young Offenders Act 1994 amended
       (1)       The amendments in this section are to the Young Offenders
                 Act 1994.
       (2)       Section 96 is amended by deleting "6 months" and inserting
                 instead --
20               "     12 months    ".
       (3)       Section 118(2) is amended by inserting after "person to" --
                 "     a term of imprisonment or    ".




 


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