Anne McEwen (SA, Australian Labor Party) Share this | Link to 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.

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

The Law and Justice Legislation Amendment (Northern Territory Local Court) Bill 2016 will make consequential amendments to Commonwealth legislation arising from the enactment of the Local Court Act 2015 of the Northern Territory. The Local Court Act amalgamates the Northern Territory Local Court and the Court of Summary Jurisdiction into one court to be called the Northern Territory Local Court. The Local Court Act also makes changes to the title of judicial officers of that court. It is expected to commence by proclamation on 1 May 2016.

A number of Commonwealth acts confer jurisdiction on state and territory courts. Without amendments to Commonwealth legislation, some of the provisions of the Local Court Act will have unintended consequences for the jurisdiction of the Northern Territory courts. A change in title for judicial office holders of the Northern Territory Local Court may change the effect of Commonwealth legislation that confers power and jurisdiction on Northern Territory courts. In some instances, this will mean that Northern Territory Local Court judges will have expanded jurisdiction. In other instances, Commonwealth legislation will no longer apply to local court judges, including provisions that confer jurisdiction on magistrates. Finally, despite the Northern Territory Local Court being a Court of Summary Jurisdiction, some Commonwealth acts may no longer extend this jurisdiction to the Local Court Act.

The Law and Justice Legislation Amendment (Northern Territory Local Court) Bill 2016 will make amendments to address each of these unintended consequences. It achieves this by making minor technical amendments to the Acts Interpretation Act 1901 and other Commonwealth legislation to ensure the continued effectiveness of provisions that confer jurisdictional powers on judicial officers. This bill is important in a variety of contexts, including in relation to criminal law matters where functions performed by Northern Territory local court magistrates are depended upon for the purposes of Commonwealth criminal matters—for example, the issuing of warrants. I commend the bill to the Senate.

Question agreed to.

Bill read a second time.