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Legislative Assembly for the ACT: 2001 Week 7 Hansard (21 June) . . Page.. 2289 ..

MR SMYTH (continuing):

detection technology, whether it is fixed or mobile cameras, radar or laser speed guns. It is important that the police can utilise the full range of equipment to meet operational, technical and safety needs.

Modern technology enables greater use of intelligence-driven enforcement strategies which target high-risk groups and locations to most effectively reduce the risk to all road users. This amendment is vital in keeping safe our community's roads and I commend the bill to the Assembly.

Debate (on motion by Mr Hargreaves ) adjourned to the next sitting.

Supreme Court Amendment Bill 2001

Mr Stefaniak , pursuant to notice, presented the bill and its explanatory memorandum.

Title read by Clerk

MR STEFANIAK (Minister for Education and Attorney-General) (10.48): Mr Speaker, I move:

That this bill be agreed to in principle.

This bill represents a significant change to the ACT judicial system. Prior to self-government, the Commonwealth had not established a separate ACT court to handle appeals from the ACT Supreme Court. Instead, it provided that appeals from decisions of the ACT Supreme Court were to be heard by the Federal Court. The Federal Court is established under Commonwealth legislation. Judges of the Federal Court are appointed by the Commonwealth without reference to the ACT.

The responsibility for administration of the ACT Supreme Court was transferred to the ACT from the Commonwealth in 1992 as part of the self-government arrangements. However, the Federal Court has continued, under Commonwealth law, to exercise appellate jurisdiction in relation to decisions of the ACT Supreme Court. Today, the ACT is the only jurisdiction in Australia where the jurisdiction's appeal court is constituted under the law of another jurisdiction.

This bill will start the process of changing these arrangements. The Commonwealth has indicated that it will introduce complementary legislation to make other necessary changes to the Commonwealth laws. This bill will establish an ACT Court of Appeal to hear appeals from the ACT Supreme Court. The court will operate as a division of the existing Supreme Court. The court itself will comprise all ACT Supreme Court judges-resident, additional and acting. The president of the Court of Appeal will be responsible for the orderly and expeditious discharge of the business of the court. There is scope under the Supreme Court Act to appoint interstate judges or retired judges to the Supreme Court and they will be able to sit on the Court of Appeal.

The bill sets out the way in which the court will operate. The court will be constituted by three judges with, ordinarily, at least one resident judge on the bench and the most senior resident judge presiding. A single judge will be able to exercise the jurisdiction of the

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