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Legislative Assembly for the ACT: 1995 Week 11 Hansard (14 December) . . Page.. 3153 ..


MAGISTRATES COURT (AMENDMENT) BILL (NO 2) 1995

I move that this Bill be agreed to in principle.

Mr Speaker, the Magistrates Court Act 1930 provides for the procedures in the Magistrates Court.

The Magistrates Court (Amendment) Bill (No 2) 1995 will insert a new procedure for bringing a witness to Court and revise the provisions requiring a Magistrate to obtain the approval of the Minister before engaging in remunerative employment other than in the duties of the office of Magistrate.

Many of the provisions of the Magistrates Court Act have not been altered since it came into force in 1930 and the many amendments to the Act over time have produced duplications and overlapping provisions. The Bill provides for minor amendments to revise, up-date and correct such provisions.

Section 10E of the Act provides that a Magistrate is not to undertake other paid employment without the written approval of the Minister with the exception of any office, appointment, or commission held in the Defence Forces of the Commonwealth. The Bill will remove this exception.

The exception in relation to employment in the Defence Force may have been appropriate when a Magistrate of the Court was a Commonwealth judicial officer.


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