Anne McEwen (SA, Australian Labor Party) Share this | Hansard source

I note the opposition supports this bill. With the support of the government, I seek leave to incorporate the opposition's second reading speech.

Leave granted.

The speech read as follows—

Labor supports this Bill, which makes technical amendments to a range of Commonwealth Acts in recognition of recent changes to the Northern Territory's court system.

The Bill is necessitated by the Local Court Act 2015 (NT), which passed the Northern Territory Legislative Assembly in April 2015 and is expected to enter force in May of this year.

That Act makes a number of changes to the Territory's court system.

Relevantly for those of us in this place, it consolidates two of the Territory's courts, the Local Court and the Court of Summary Jurisdiction, and renames as 'judges' those presently styled `magistrates'.

This is of course a matter for the Territory Government and for the Territory Legislative Assembly, but it does have federal consequences.

A range of Commonwealth Acts confer functions on State and Territory courts, judges and magistrates.

Precise wording is important here, and the change of names in the Territory does matter.

When Commonwealth legislation confers particular functions on different kinds of judicial officers, terms like 'judge', 'magistrate' and 'court of summary jurisdiction' hold a very precise meaning.

This Bill ensures that the changes implemented in the Territory do not in substance alter the way in which a range of Commonwealth laws presently operate.

The Bill amends the Acts Interpretation Act 1901 (Cth) so that as a general rule of interpretation in Commonwealth legislation:

•   'Magistrate' would include NT Local Court Judges;

•   'Judge' would not include NT Local Court judges; and

•   'Court of summary jurisdiction' would include the NT Local Court.

Where necessary, the Bill amends references in Commonwealth Acts which separately define those and similar terms.

The Bill also contains a number of transitional provisions to ensure current arrangements under various Acts are not disturbed.

As I said, these changes are technical in nature, and preserve the existing operation of the federal judicial system.

I commend the Bill to the Senate.