2015
LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

ATTORNEY-GENERAL AND MINISTER FOR JUSTICE
LOCAL COURT (REPEALS AND RELATED AMENDMENTS) BILL 2015
SERIAL NO. 148 
EXPLANATORY STATEMENT
GENERAL OUTLINE
The Local Court (Repeals and Related Amendments) Bill 2015 provides for matters consequential to the enactment of the Local Court Act 2015 and the establishment of a new Local Court that has jurisdiction over both criminal and civil matters (and the consequent abolition of the Court of Summary Jurisdiction) and for ancillary reforms relating to consistency of proceedings within the Local Court, the Supreme Court, the Youth Justice Court and the Work Health Court as follows:
(a)	changes to terminology in the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act, Bail Act, Bail Regulations, Care and Protection of Children Act, Coroners Act, Criminal Code, Cross-border Justice Act, Cross-border Justice Regulations, Domestic and Family Violence Act, Fines and Penalties (Recovery) Act, Fines and Penalties (Recovery) Regulations, Fisheries Act, Housing Regulations, Interpretation Act, Justices Act, Local Court Act, Mineral Titles Act, Misuse of Drugs Act, Misuse of Drugs Regulations, Police Administration Act, Prisoners (Interstate Transfer) Act, Prisoners (Interstate Transfer) Regulations, Public Transport (Passenger Safety) Regulations, Sentencing Act, Sentencing Regulations, Serious Crime Control Act, Supreme Court Act, Work Health Administration Act, Youth Justice Act and Youth Justice Regulations arising from the appointments of a Chief Judge, one or more Deputy Chief Judges, judges, judicial registrars, a principal registrar, registrars and bailiffs and the abolition of the Court of Summary Jurisdiction;
(b)	repealing all provisions in the Justices Act relating to recognisances;
(c)	re-naming of the Justices Act as the Local Court 
(Criminal Procedure) Act, removing or amending provisions of that Act that duplicate provisions of the Local Court Act 2015 or of other Acts or which are obsolete or unclear;
(d)	amending section 121A of the former of the former Justices Act so that the value of property for the purpose of that section increases from $5,000 to $50,000;
(e)	amending section 121A of the former Justices Act so that breaches of section 213 of the Criminal Code to which section 213(5) applies are subject to section 121A;
(f)	amending section 131A of the former Justices Act so that it is clear that the consent of the defendant is not required in order for a section 131A offence to be dealt with summarily;
(g)	renaming of the Local Court Act 1989 (as amended) as the Local Court (Civil Procedure) Act and removing or amending provisions of that Act that duplicate provisions of the Local Court Act 2015 or of other Acts or which are obsolete or unclear;
(h)	identifying which Acts operate under the Court’s criminal jurisdiction (namely Local Court (Criminal Procedure) Act, Prisoners (Interstate Transfer) Act) (and noting that all other Acts operate in accordance with the default civil jurisdiction as provided for in section 19 of the Local Court Act);
(i)	amending the Bail Act and Bail Regulations so that all appeals on bail are consolidated in the Bail Act rather than in the Bail Act and the Bail Regulations; 
(j)	amending section 35 of the Coroners Act so as to provide that the Coroner has a discretion as to the circumstances in which there is a coronial investigation into a matter for which an offence of some kind may have been committed;
(k)	repeal and replace section 3 of the Criminal Code so that offences are classified as either “summary” or “indictable” with the key factor being whether the maximum penalty is greater than two years imprisonment;
(l)	amending the Criminal Code and other Acts so that offences are no longer described as crimes (with the consequence that, with the exception of the offence in section 294(2), the various offences in sections 65, 69, 70, 71, 80, 82, 105, 106, 107, 108, 121, 122, 123, 124, 125, 199, 200 and 283 of the Criminal Code and in section 9(2)(f) of the Misuse of Drugs Act that have maximum penalties of two years of less will become summary offences);
(m)	amending section 38(1) of the Fisheries Act so it remains a summary offence notwithstanding the amendments to section 3 of the Criminal Code and the fact that the maximum penalty is greater than two years imprisonment; 
(n)	amending the Local Court Act 2015 so as to spell out the circumstances in which a Local Court Judge is unable to continue in the hearing of a matter;
(o)	amending the Local Court Act 2015 so that there is no doubt that there is no need for any current Magistrate to swear another oath or partake of any other procedural requirement in order to be considered to be a Local Court Judge duly appointed for the purposes of the Local Court Act;
(p)	amending section 148(1) of the Mineral Titles Act so it remains a summary offence notwithstanding the amendments to section 3 of the Criminal Code and the fact that the maximum penalty is greater than two years imprisonment;
(q)	repealing and replacing section 122 of the Sentencing Act so that the default maximum penalty for an indictable offence dealt with summarily is five years imprisonment or 500 penalty units (unless the maximum penalty for the indictable offence is less than that period or amount);
(r)	amending the Supreme Court Act so as to spell out the circumstances in which a Supreme Court Judge is unable to continue in the hearing of a matter;
(s)	amending the Work Health Administration Act so as to spell out how contempt of the court is to be handled (duplicates the provisions of the Local Court Act);
(t)	amending the Youth Justice Act 2015 so as to spell out the circumstances in which a Youth Justice Judge is unable to continue in the hearing of a matter;
(u)	providing that the amendments made to section 121A of the Justices Act do not apply to offences committed prior to the commencement of the amendments;
(v)	providing that the amendments made to section 131A of the Justices Act apply to all offences regardless of when they may have been committed; and 
(w)	providing for the repeal of the Crimes (Victims Assistance) Rules, Justices Rules and the Local Court Regulations.
NOTES ON CLAUSES
Part 1		Preliminary Matters
1.	Short title
This is the formal clause, which provides for the citation of the Bill.  
The Bill when passed may be cited as the Local Court (Repeals and Related Amendments) Act 2015.  
2.	Commencement
Clause 2 provides for the commencement of the Act to be by notice published in the Gazette by the Administrator.  
Part 2 	Amendment of Justices Act
3.	Act amended
This clause provides that this Part makes amendments to the Justices Act.
4.	Long title replaced
This clause provides for the long title of the Justices Act to be amended so as to reflect that the Act, as amended, only deals with criminal proceedings.
5.	Section 1 replaced
This clause provides for the Justices Act to be renamed as the Local Court (Criminal Procedure) Act.
6.	Section 4 amended
Sub-clause (1) provides for the removal of the words “unless the contrary intention appears” from the main definitions section.  
This amendment reflects current drafting practices of the Parliamentary Counsel.
Sub-clause (2) omits definitions that will be redundant following the commencement of this Act and the Local Court Act 2015.
Sub-clause (3) insets new definitions of “Court”, courtroom”, “Court venue”, “indictable offence”, “JP”, “Judge”, “registrar”, “relevant registrar” and “summary offence”. 
The definition of “JP” reflects that the term “JP” is used in the Bill so as to refer only to persons appointed as Justices of the Peace under the Justices of the Peace Act.  That is, it does not include others (such as Supreme Court Judges and Local Court Judges) who come within the definition of “Justice of the Peace” for the purposes of the Justices of the Peace Act.
Sub-clause (4) amends the definition of “complaint” by replacing paragraph (a).  This reflects the change of terminology regarding indictable offences that are dealt with in a summary way as set out in sections 120, 121A and 131A (as amended by this Bill).
Sub-clause (5) amends the definition of “defendant” by inserting a clarifying reference to the Division of the Act for which the definition operates.  
Sub-clause (6) inserts a note stating that the Interpretation Act contains definitions and provisions that may be relevant to the Local Court (Criminal Procedure) Act.  This note is now being included in all definitions sections arising from a drafting decision made by Parliamentary Counsel.  
7.	Section 9 replaced
This clause provides for the repeal of section 9 (incorporation with past and future Acts and Ordinances).  Section 9 is unnecessary.  The clause also provides for new section 5.
5.  Application of Act
New section 5 sets out that the Local Court (Criminal Procedure) Act applies in relation to the criminal procedure of the Local Court.
8.	Part II, section 26, Part III, Divisions 4 to 7 and Part IV, Division 1 repealed
This clause provides for the repeal of Part II (that is section 14 – issue of summons) of the Justices Act.  This section is unnecessary given that sections 40 and 41 of the Local Court Act 2015 deal with the making of orders and the issuing of process.
This clause also provides for the repeal of section 26 (witness refusing to give evidence may be committed into custody).  Section 26 is redundant given sections 45 - 47 of the Local Court Act 2015 (contempt of court provisions).
This clause also provides for the provisions dealing with the right of parties for counsel (section 29) and recognizances and security (sections 31-41).  Section 29 is unnecessary because the matters dealt with by it are now covered by section 44 of the Local Court Act 2015 (Counsel).
Recognizances are no longer part of the administration of justice in the NT.
This clause also provides for the repeal of Division 1 of Part IV 
(that is sections 41A - 48).  These provisions, dealing with the establishment of the Court of Summary Jurisdiction and its officers, are now redundant given the enactment of the Local Court Act 2015.
9.	Section 49 replaced
This clause repeals and replaces section 49 (complaint).
49. Complaint
New section 49 provides that a complaint can be made against a person suspected of having committed a summary offence.  The new clause reflects changes in terminology made by this Bill and the Local Court Act 2015.
10.	 Section 53 repealed
This section repeals section 53 (punishment of aiders and abettors in the commission of offences).  Section 53 is unnecessary because there are generic provisions dealing with aiders and abettors in the criminal code (sections 12, 13, 43GB and 294).  
11.	Section 60AZC replaced
This clause repeals and replaces section 60AZC.  The section has been reworded so as to take into account changes in terminology.
60AZC 	Constitution of Court to withdraw sentence indication, sentence or give later sentence indication
Section 60AZC sets out the circumstances in which a Court can be constituted differently when sentencing from its constitution at the time when the sentence indication was given.  The circumstances are that the original court was constituted by a person who has died or left office or is by reason of illness or other cause unlikely to be in a position to constitute the Court within a reasonable time.
12.	Sections 60A, 61, 66, 73 to 75, 107 to 108A and 117-119 repealed
This clause provides for the repeal of:
·	section 60A (where Court may be held) and section 61 (sittings to be in open Court but witnesses and other persons may be ordered to leave court).  These sections are redundant.  See section 24 (where and when Court may sit) and section 37 (orders to exclude persons from the courtroom) of the Local Court Act 2015;
·	section 66 (postponement of hearing where no component Court available).  This section is unnecessary as there is no need to spell out what occurs if the relevant judicial officer is not available;
·	sections 73 (for discouraging corrupt practices by common informers), 74 (penalties in discretion of Court) and 75 (general power of Courts to refrain from or mitigate punishment).  These sections are either redundant or no longer reflect sentencing practices;
·	sections 107 (place where examination taken not to be deemed an open court, and no person to remain without consent), 108 (evidence upon oath – for children) and 108A (contemptuous behaviour on preliminary examination).  These sections are redundant.  They will be either covered specifically by the Local Court Act, see sections 36 and 45 - 47 or, in the case of evidence by children, by the general rules and procedures of the court; and
·	sections 117 (binding witnesses by recognisances), 118 (form of recognisance of witness) and 119 (witness who refuses to enter into recognisance may be committed into custody).  These sections are being repealed as recognisances are not used in relation to witnesses.

13.	Part V, Division 2, heading replaced
This clause provides that the new heading is:
Division 2	Certain indictable offences may be dealt with summarily
14.	Sections 120 and 121A replaced
This clause repeals and replaces section 120 (minor offences) and 121A (offences that may be dealt with summarily).
120	Certain property offences in small amount
New section 120 provides that the Court may deal with specified property offences in a summary manner if the property involved does not exceed $50,000 or such greater amount that might be prescribed by regulation.  This monetary amount is greater than the current amount for section 120 (which is $5,000).  As with current section 120, the consent of the defendant is not required for the purposes of the Local Court having this jurisdiction.
The specified offences of the Criminal Code are sections 210 (general punishment of stealing), 219 (removal of things from places open to public), 221 (unlawful appropriation of power), 224 (severing with intent to steal), 227 (criminal deception) and 229 (receiving stolen property).  These are the same offences as covered by current section 120.
As is the case with current section 120, new section 120 operates subject to section 122A which sets out the circumstances in which the Local Court may decide that a section 120 matter should be dealt with by the Supreme Court.  These circumstances exist owing to factors such the seriousness of the actual offences, intricacy of the facts or the difficulty of questions of law.
121A Offences to be dealt with summarily
New section 121A sets out indictable offences that can be dealt with summarily if the offence is not one that could be dealt with in accordance with provisions such as sections 120 and 131A.  For these other offences the Court must be of the opinion that the matter can be dealt with summarily and that both the prosecutor and the defendant have consented to a summary hearing of the matter. 
An offence only comes within the operation of section 121A if:
(a)	the maximum penalty is 10 or less years imprisonment; or
(b)	the maximum penalty is 14 years of less imprisonment and it is one of the following offences contained in the Criminal Code:
·	section 210 (general punishment of stealing);
·	section 228 (blackmail and extortion);
·	section 229 (receiving stolen property); and
·	section 241 (damage to property); or 
(c)	the offence is one to which section 213(5) applies.
New section 121A has the same policy objective as current section 121A excepting that it has been extended so as to include offences to which section 213(5) applies.  Section 213(5) provides for the doubling of the penalty for an offence against section 213 if the offence occurs at night-time (that is between 9pm and 6am the following day).
15.	Section 124 replaced
This clause repeals and replaces section 124 (Justice or Justices not having jurisdiction may remand for hearing by a competent Court).  There is no change in the policy of section 124.  The new section arises from re-drafting necessary to take account of changes in terminology.
124	JPs not having jurisdiction may remand for hearing before Judge
Replacement section 124 provides that JPs can remand defendants charged with section 120 and 121A matters so that they are dealt with summarily by a Local Court Judge.
16.	Section 125 amended
This clause amends section 125.  These amendments arise from terminological changes regarding the use of the word “magistrate”.

17.	Section 131A replaced
This clause provides for the repeal of section 131A (summary jurisdiction in respect of harm and aggravated assault) and its replacement by new section 131A.
131A	Certain assault and harm offences may be dealt with summarily
This new section provides for offences relating to harm that can be dealt with summarily if the Court considers that the charges can be properly done in a summary way.  The section reverses the effect of the Supreme Court’s interpretation of section 131A as set out in Birkeland-Corro v Tudor-Stack (2005) 15 NTLR 208.  
There is no need for the consent of the defendant in order for a matter to be heard summarily but both the prosecutor and the defendant may apply to the Court for the matter to be heard by the Supreme Court. 
Section 131A applies to the offences in the following sections:
·	section 186 (harm);
·	section 188(2) (assault constituting an indictable offence);
·	section 188A (assaults on workers); and
·	section 189A(1) or (2)(a) (assaults on police).
18.	Sections 138,156 to 160 and 167 repealed
This clause provides for the repeal of section 138 (attendance of witnesses at the Criminal Court).  Section 138 is redundant as it deals with recognizances in respect of prosecutors and witnesses.
This clause repeals sections 156 (manner of payment to prosecutor or witness), 157 (Court may allow expenses to witnesses for the defence), 158 (power to award payment of expenses of prosecution of a minor offence), 159 (power to award costs of prosecution although charge dismissed) and 160 (manner of payment under sections 158 and 159).
These sections are redundant.  Additionally, in the main, they relate to the repealed Criminal Law Consolidation Act. 
This clause also repeals section 167 (recognizances on repeal).
Recognizances are no longer used. 
19.	Section 169 replaced
This clause repeals and replaces section 169 (duty to prosecute).
169	Duty to pursue appeal
New section 169(1) provides a general duty on an appellant to prosecute an appeal.  This replaces the generality of current section 167(1).
New section 169(2) provides that the Local Court may revoke bail of a bailed appellant who has not prosecuted the appeal. 
20.	Part VII Division 2 repealed
This clause repeals section 188 (after summary finding of guilty habeas not to issue except on an affidavit writ to be returnable at least 14 days after issue, and notice to be given thereof), Division 2 of Part VII (habeas corpus).
Section 188 is unnecessary.  Matters concerning habeas corpus are dealt with in accordance with Order 57 of the Supreme Court Rules.
21.	Part VII Divisions 4A and 4 replaced
This clause repeals Division 4A of Part VII (rules and practice directions) and Division 4 of Part VII (Regulations) and replaces them with new section 203.  Provisions concerning practice directions and rules of court are now contained in the Local Court Act 2015.  
Division 4	Regulations
203	Regulations
New section 203 reflects current parliamentary counsel drafting style for the making of regulations.
New section 203 provides that the Administrator may make regulations.

22.	Part VIII, Division 4 inserted
This clause inserts new Division 4, comprising new section 209, covering transitional matters.
Division 4	Transitional matters for Local Court (Repeals and Related Amendments) Act 2015
209	Offences that may be dealt with summarily
New section 209 sets out transitional matters for the purposes of sections 120 and 121A.  These sections, as amended, only apply to offences committed after the commencement of section 21 of this Act.
The sections in their pre-amendment form apply to offences committed prior to the commencement of section 21 of this Act.
New section 209(4) provides that section 131A (as amended) applies to offences committed prior to the commencement of section 21.  This approach has been adopted on the basis that the amendments to section 131A are designed to clarify the operation of the law rather than amend it.
23.	Schedule 3 repealed
This clause repeals schedule 3 (which provides a form for the purposes of sections 22, 27 and 57A.  Section 22 (which sets out the procedural requirements for a summons) will, following an amendment contained in schedule 1 to the Bill, no longer regulate the form of the summons.
24.	Act further amended
This clause provides for schedule 1 containing more minor amendments.
Part 3		Amendment of Local Court Act 2015 (as amended)
25.	Act Amended
This Part amends the Local Court Act 2015.
26.	Section 7 amended
This clause amends section 7 (changes in the constitution of the court) by omitting sub-clause (5) and replacing it with sub-clauses (5) and (6).  New sub-clause (5) provides that the decision of the Chief Judge concerning the availability of another judge cannot be challenged.  Sub-clause (6) replicates current sub-clause (5).  Similar amendments are being made to the Supreme Court Act and the Youth Justice Act.
27.	Section 85 amended
Section 85(3) of the Local Court Act 2015 provides that a person holds office under the new Local Court Act 2015 on the same terms and conditions as applied before the commencement of that Act.
Doubts have been raised by the Chief Magistrate as to whether section 85(3) is sufficient to obviate the need to comply with preconditions for acting as a Judge such as swearing an oath of office as required by section 65 of the Local Court Act 2015 for persons appointed as Local Court Judges following commencement of the Act.  Current Magistrates would have sworn an oath of office under section 20 of the Magistrates Act.
The transitional provisions have been structured so that magistrates appointed under the Magistrates Act are deemed to be Local Court Judges able to carry on as Local Court Judges without the need for any appointments.
For the purpose of removing any doubt, section 85(3) is to be amended so that a person is considered to have completed all preconditions such a swearing an oath.  The clause cites swearing the oath as an example of the operation of this transitional provision. 
Part 4		Amendment of the Local Court Act 1989 (as amended)
28.	Act amended
This Part amends the Local Court Act 1989 as amended.
29.	Long title replaced
This clause amends the long title so as to reflect that the Act will now only deal with procedure under the civil jurisdiction of the Local Court.
30.	Section 1 replaced
This clause provides that the Local Court Act 1989 as amended will be known as the Local Court (Civil Procedure) Act. 
31.	Section 3 and Part II replaced
Clause 31 repeals and replaces section 3 (definitions) and inserts new section 4 (application of Act) (definitions of “Court”, “proceedings”, “registrar” and “Rules”). 
3	Definitions
New section 3 contains definitions of “Court”, “proceedings”, “registrar” and “Rules”.  They all relate to definitions in the Local Court Act 2015.
4	Application of Act
New section 4 provides that the Act applies to the civil jurisdiction of the Local Court.
This clause also repeals Part II (Court and officers).  The contents of these provisions (being sections 4-13) are now covered by the Local Court Act 2015.
32.	Part III heading replaced
This clause omits the heading for Part III and replaces it with:
Part III	Proceedings in civil proceedings
33.	Section 14 repealed
This clause repeals and replaces section 14 (jurisdiction).  Jurisdictional issues are now dealt with in the Local Court Act 2015. 
New section 14 re-enacts section 14(6). 
14. Certain proceedings brought by children
This section provides that a child (that is a person under 18 years of age) may take action to recover money payable under a contract of service or a contract for service.  But for provisions such as this a person aged under 18 years would have limited capacity to bring legal actions.
34.	Section 19 amended
This clause replaces the word “proceeding” with “proceedings”.  It also repeals section 19 (3), (4) and (8).  These sub-sections provide for appeals on interlocutory matters from the Local Court to the Supreme Court.  Under the Act as amended, such appeals are not permitted.  This replicates the policy position taken in the Work Health Administration Act.

35.	Part IV and sections 28, 28B and 30 repealed
This clause provides for the repeal of Part IV (procedure) (section 21).  Part IV currently provides for the making of rules.  The power to make rules is now contained in the Local Court Act 2015.
This clause repeals sections 28 (witness order), 28B (power to amend where defect or error in form) and 30 (witnesses to be examined on oath).  These provisions are now covered by the Local Court Act 2015 (see sections 37 and 42).  The issue of whether witnesses are examined on oath or otherwise is a matter for the Court or any other legislation.  See, for example, section 28 of the Oaths, Affidavits and Declarations Act and the Supreme Court Rules (governing when oaths are required).
36.	Section 31 amended
This clause repeals and replaces sub-clause 31(2) for the purpose of simplifying the language.
37.	Sections 33-35 repealed
This clause repeals sections 33 (contempt in the face of the court), 34 (contempt) and 35 (certain orders not to be made by the Supreme Court).  Contempt provisions are now contained in Part 4, Division 4 of the Local Court Act 2015.  The limitation in section 35 regarding prerogative writs will not apply in civil proceedings after commencement of the Local Court Act 2015.  There was no such limitation for criminal proceedings.  A transitional provision is contained in section 93 of the Local Court Act 2015.
38.	Section 36A replaced
This clause repeals and replaces section 36A (regulations).  The new section is drafted in current Parliamentary Counsel style.
36A	Regulations
New section 36A sets out that the Administrator may make regulations. 

39.	Act further amended
This clause provides for further amendments as set out in Schedule 2.
Part 5		Amendment of other laws
Division 1	Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 
40.	Act amended
This Division provides for amendments to the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act.
41.	Section 2 amended
The definition of “statutory officer” is amended by replacing the reference to “Magistrate” with a reference to “Local Court Judge”.
This clause also inserts a note stating that the Interpretation Act may contain definitions and other provisions that may be relevant to the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act.
42.	Part 3, Division 1, heading amended
This clause amends s the heading for Part 3, Division 1 by replacing “Magistrates” with ”Local Court Judges”
43.	Section 6 amended
This clause amends section 6 by omitting the reference to “Magistrates” and replacing with a reference to “Local Court Judges”.
44.	Section 7 amended
This clause repeals and replaces sub-clause (1) so that the references to “Magistrates” are replaced with references to “Local Court Judges”.
Division 2		Bail Act
45.	Act amended
This clause provides that this Division amends the Bail Act.
46.	Section 3 amended
This clause amends section 3 (interpretation) by omitting the definitions “court”, “Judge” and “justice” and replacing them with new definitions of “court” and “Supreme Court Judge”.  
The clause also makes consequential amendments arising from the abolition of the Court of Summary Jurisdiction and the renaming of the Justices Act.
This clause also inserts a note stating that the Interpretation Act may contain definitions and other provisions that may be relevant to the Bail Act.
47.	Section 20 amended
This sub-clause amends section 20 (power of magistrates and justices to grant bail) by changing the heading to “Power of Local Court to grant bail”.  The clause also makes consequential amendments arising from the abolition of the Court of Summary Jurisdiction and the renaming of the Justices Act.
48.	Section 34 replaced
This clause repeals and replaces section 34 (review of bail decision).  It will also replace regulation 4 of the Bail Regulations.
New section 34 consolidates into one section the various types of reviews that can be carried out by the Local Court in respect of bail decisions of the Local Court.  Currently they are located in the Bail Act and in the Bail Regulations.
If an original bail decision was made by one or more justices of the peace it can be reviewed by:
·	a Local Court Judge;
·	by the same justice of the peace; or 
·	if it is not convenient for that same justice of the peace to constitute the Local Court, another justice of the peace.
If an original bail decision was made by a Local Court Judge, it can be reviewed by:
·	that Local Court Judge; or
·	if it is not convenient for that same judge to constitute the Local Court, another Judge.
New section 34(3) also spells out that the court cannot “conveniently be reconvened” if the original decision maker is, amongst other matters, not likely to be available within 24 hours after the application.
49.	Act further amended
This clause provides for schedule 3 containing other more minor amendments to the Bail Act.
Division 3		Care and Protection of Children Act
50.	Act amended
This Division amends the Care and Protection of Children Act.
51.	Section 13 amended
This clause amends section 13 (definitions) by repealing and replacing the definitions of “child” (both definitions), “Court”, “Court order”, 
“Court proceedings” and “family matters jurisdiction”.  See also new section 88 for further definitions.
This clause also inserts a note stating that the Interpretation Act may contain definitions and other provisions that may be relevant to the Care and Protection of Children Act.
52.	Section 63 amended
This clause amends section 63 by replacing references to “magistrate” with references to “Local Court Judge”. 
53.	Section 87 amended
This clause omits and replaces sub-clause (2) dealing with how the Act is to achieve its objects concerning judicial proceedings.  
The revised sub-clause reflects the structure of the Local Court Act 2015 as having a criminal and a civil jurisdiction.  Child protection matters under the Local Court Act 2015 will be a Division (rather than “jurisdiction”) with the civil jurisdiction.
54.	Part 2.3, Division 2 heading and sections 88 and 89 replaced
This clause provides a new heading for Division 2 (replacing “Family matters jurisdiction) and new sections 88 and 89.
88	Definitions
New section 88 provides definitions of “Court order” and “Court proceedings”. 
Division 2		Family matters division of Court
89	Family matters division of Court
New section 89 replaces current section 88 (establishment).  It provides that there is to be a family matters division of the Local Court, that proceedings must be constituted by a Local Court Judge (that is a Registrar or a JP cannot handle matters under the Care and Protection of Children Act.

55.	Section 90 amended
This section has been re-drafted so as to remove the reference to the Family Matters jurisdiction.  There is no intention to affect the policy position behind the operation of this section. 
56.	Section 91 amended
This clause amends section 91 (jurisdiction not affected by other proceedings) consequential to the change of terminology regarding “family matters jurisdiction”.  See also definition of “court proceedings”.
57.	Section173 amended
This clause amends section 173 by omitting “Registrar” and replacing with “registrar”.
58.	Section 175 amended
This clause amends section175 by omitting “Registrar” and replacing with “registrar”.
59.	Section 176 amended
This clause amends section 176 by omitting “Registrar” and replacing with “registrar”.
60.	Section 179 amended
This clause amends section 179 by omitting “Registrar” and replacing with “registrar”.
Division 4		Coroners Act
61.	Act amended
This clause provides that the Coroners Act is being amended by this Division.
62.	Section 4 amended
This clause amends section 4 (coroners) by omitting “magistrate” and replacing it with “Local Court Judge”.
63.	Section 7 amended
This clause amends section 7 (	protection of coroner) by omitting “magistrate” and replacing it with “Local Court Judge”.
64.	Section 9 amended
This clause amends section 9 (appointment of coroner’s clerk) by omitting “magistrate” and replacing it with “Local Court Judge”.
65.	Section 35 amended
Sub-clause (1) amends section 35(3) by omitting the word “may” and replacing it with the word “offence”.  The purpose of this change is to give the Coroner a discretion regarding reporting of a matter where an offence has been committed. 
Sub-clause (2) omits the word “crime” and replaces it with the word “offence”.  The purpose of the amendment is to clarify that section 35 applies to all offences rather than only indictable offences.
Division 5		Criminal Code
66.	Criminal Code amended
This clause provides that this Division amends the Criminal Code.
67.	Section 1 amended
This clause amends section 1 (definitions) by omitting the definitions of “judicial proceeding”, “justice of the peace”, and “trial” and inserting new definitions of “indictable offence”, “judge”, “judicial proceedings”; “summary offence” and “trial”. 
For explanations concerning “indictable offence” and “summary offence”, see clause 76 (amendment of section 3 of the Criminal Code).
The definition of “Judge” is being enacted so that it is clear that that word in this Act is referring to Supreme Court Judges.
“Judicial proceeding” and “trial” are being amended so as to reflect standardised use of the word “proceedings” rather than “proceeding”.
This clause also inserts a note stating that the Interpretation Act may contain definitions and other provisions that may be relevant to the Criminal Code.
68.	Section 3 replaced
This clause provides for the repeal and re-enactment of section 3 (division of offences).
3.	Classification of offences
New section 3 provides that offences are either “indictable offences” or “summary offences”.  

In broad terms:
·	an “indictable offence” is one where the maximum imprisonment penalty is a period of more than two years.  However, this general principle will not apply if the offence is specifically stated as being an indictable offence; and
·	a “summary offence” is an offence that is not an indictable offence in the sense that the maximum penalty is two years or less.  However, this general principle will not apply if a legislative provision states that (1) the offence is a summary offence or (2) that it is not an indictable offence or (3) that the offence must be heard and determined summarily.
New section 3 differs from current section 3 in so far as it:
·	removes the concept of “simple offences” (instead “summary offences” will be used); and
·	removes “regulatory offences” from the classification of offences.  A “regulatory offence” is a type of offence that is subject to Part II of the Code and for which most of the principles of criminal responsibility in Part II do not apply.  Currently, regulatory offences are deemed by section 3 to be dealt with summarily.  Under new section 3, they will be dealt with in the same way as their equivalent under Part IIAA of the Code (strict liability offences).  Nearly all regulatory offences have maximum imprisonment penalties of two years or less (and so fall within the new definition of “summary offence”).  Those that are not (e.g. the offence in section 38of the Fisheries Act) will be reviewed.  See Part 5, Division 11 of this Bill for amendments to the Fisheries Act. 

69.	Section 277 amended
Sub-clause (1) amends section 277(1) (attempts to commit offences) by removing the references to “crime” and “simple (offence)”.  
This is consequential to new section 3.  The meaning of the section is not altered.
Sub-clause (2) amends section 277(2) by omitting the references to “crime” and replacing them with references to “indictable offence”.
Sub-clause (3) repeals and replaces section 277(3).  New sub-clause (3) reflects current drafting style.  There is no change in meaning.
70.	Section 294 amended
This clause amends section 294 (punishments of accessories after the fact) by omitting each reference to the word “crime” and replacing it with “offence”. 
Sub-clause (4) repeals and replaces section 277(4).  New sub-section (4) reflects current drafting style.  There is no change in meaning.
71.	Section 296 repealed
This clause repeals section 296 (preliminary proceedings on charges of crimes).  This section states that processes relating to committals are contained in the laws relating to justices of the peace.  This is no longer an apt identifier of the current provisions of the Justices Act.  The section serves no purpose and can be repealed.
72.	Section 388 replaced
This clause omits and replaces section 388.
388	Definition
Current section 388 (definition) provides a definition of “summary offence” for the purposes of section 389 (Supreme Court may hear and determine summary offence with indictable offence).  This definition is to be replaced with a definition of “summarily-triable offence”.  This new definition reflects the language of new section 3.  It lists the offences that come within the definition.  They are:
·	summary offences;
·	indictable offences that can be heard summarily; and
·	offences that come within the scope of section 22(1) of the Misuse Drugs Act.
The meaning of the definition is not changed except regarding regulatory offences (as set out in the discussion of new section 3 of the Criminal Code).
73.	Section 406 amended
This clause repeals and replaces section 406(7) (pardons).  New sub-section (7) reflects current drafting style.  There is no change in meaning.
74.	Act further amended
This clause provides for schedule 4 containing other minor amendments to the Criminal Code.
Division 6		Cross-border Justice Act
75.	Act amended
This clause provides that this Division amends the Cross-border Justice Act.
76.	Section 7 amended
Sub-clauses (1) and (2) amend section 7(1) by omitting “magistrate” and replacing it with definitions of “Local Court Judge” and “magistrate”.  The latter word is now defined so as to refer to South Australian and Western Australian magistrates. 
Sub-clause (3) amends the definition of “prescribed court” by omitting the reference to the Court of Summary Jurisdiction and replacing it with a reference to the Local Court.
Sub-clause (4) omits and replaces the definition of the NT Registrar so as to take account of the new definition of “registrar” in the Local Court Act 2015.
This clause also inserts a note stating that the Interpretation Act may contain definitions and other provisions that may be relevant to the Cross-border Justice Act.
77.	Section 67 amended
This clause amends section 67 by omitting various references to the Justices Act and the Local Court Act and replacing them with references to the Local Court Act 2015. 

78.	Section 68 amended
This clause omits references to the repealed Alcohol Court Act.
This clause also omits, from the examples, references to “magistrates” and replaces them with references to the Local Court.
79.	Act further amended
This clause provides for schedule 5 containing other more minor amendments to the Cross-border Justice Act.
Division 7		Cross-border Justice Regulations
80.	Regulations amended
This Division amends the Cross-border Justice Regulations.
81.	Part 3, Division 2 repealed
This clause repeals Part 3, Division 2 (comprising regulations 5 and 6).  These regulations relate to the repealed Alcohol Court Act.
82.	Regulation 8 amended
This clause amends regulation 8 which deals with the modifications made to the Bail Act for cross-border purposes.  The amendment corrects a spelling error in the cross reference to the Bail Act.
83.	Regulation 10 amended
This clause amends regulation 10 which deals with the modifications made to the Bail Act for cross-border purposes.  The amendment replaces a reference to “magistrates” and justices” with a reference to “Local Court”.
84.	Regulation 16 amended
This clause amends regulation 16 which deals with the modifications made to the Bail Act for cross-border purposes.  The amendment replaces a reference to “court of summary jurisdiction” with a reference to “Local Court”.
85.	Regulation 19 amended
This clause amends regulation 19 which deals with the modifications made to the Bail Act for cross-border purposes.  The amendment replaces a reference to “clerk” with a reference to “registrar”.
86.	Part 3, Division 8, heading replaced
This clause replaces the heading for Division 8 so that it reads:
Division 8	Local Court (Criminal Procedure) Act
This replaces a reference to Justices Act.
87.	Regulation 22 amended
This clause amends regulation 22 so that a reference to “Justices Act” is replaced by a reference to “Local Court (Criminal Procedure) Act”.
88.	Regulation 24 repealed
This clause repeals regulation 24.  
Regulation 24 modifies section 43(2) of the Justices Act.  That section is being repealed.
89.	Part 3, Division 9 replaced
This clause repeals and replaces Part 3, Division 9 which deals with the modifications made for cross-border purposes to the Magistrates Act.  That Act is being repealed by the Local Court Act 2015.  New Division 9 deals with modifications to the Local Court Act 2015 for cross-border purposes.
Division 9	Local Court Act
26 Act modified
Regulation 26 provides that the Act being modified by Division 9 is the Local Court Act 2015.
26A Modifications of section 6 (Constitution of the Court)
New regulation 26A modifies section 6 of the Local Court Act 2015 so that it provides that the cross-border jurisdiction can only be exercised by a Local Court Judge. 
27 New Part 5, Division 1, Subdivision 3
New regulation 27 modifies the Local Court Act 2015 by inserting, for cross-border purposes, new section 59A dealing with the appointment of cross-border judges. 

Subdivision 3 Cross-border Judges
Section 59 provides for the appointment by the NT Administrator of South Australian and Western Australian magistrates as cross-border judges for the Northern Territory.
90.	Regulation 38 replaced
This clause repeals and replaces regulation 38 (which deals with the modifications made for cross-border purposes to the Police Administration Act).  The amendment inserts a definition of “justice of the peace”. 
Modification of section 4 (Interpretation)
38	Modification of section 4 (Interpretation) 
New regulation 38 omits the modified version of “justice” and replaces it with a new definition of “justice of the peace”.  The Police Administration Act is being amended so that it refers to “justice of the peace” where it currently refers to “justice”.
91.	Part 5 inserted
This clause inserts Part 5 for the purpose of transitional issues.
Part 5	Transitional matters for Local Court (Repeals and Related Amendments) Act 2015
71	Continuation of appointment of cross-border magistrate
This new regulation deems that South Australian and Western Australian magistrates appointed under modified section 13B of the Magistrates Act are deemed to have been appointed as Local Court Judges for the purposes of the operation of the cross-border legislation. 
Division 8		Domestic and Family Violence Act
92.	Act amended
This clause provides that this Division is amending the Family and Domestic Violence Act.

93.	Section 4 amended
This clause repeals and replaces various definitions.  The changes reflect changes in terminology made by the Local Court Act 2015.
This clause also inserts a note stating that the Interpretation Act may contain definitions and other provisions that may be relevant to the Domestic and Family Violence Act.
94.	Section 91B inserted
This clause inserts new section 91B.
91B	Registrar exercises powers as delegate of the Court
New section 91B clarifies that a registrar, when exercising powers under the Domestic and Family Violence Act, is doing so as the delegate of the Local Court rather than in his or her own right.
95.	Act further amended
This clause provides for schedule 6 which deals with more minor amendments to the Domestic and Family Violence Act.
Division 9		Fines and Penalties (Recovery) Act
96.	Act amended
This clause provides that this Division amends the Fines and Penalties (Recovery) Act. 
97.	Section 48A Jurisdiction of Local Court
New section 48A provides that the jurisdiction of the Court under this Act is part of the court’s criminal jurisdiction. 
98.	Section 68 amended
This clause omits and replaces section 68(12) (which deals with the circumstance of alleged contemptuous behavior by a debtor who is being examined).  The provision has been re-drafted so that reflects the contempt processes in the Local Court Act 2015 rather than those that currently exist.  It provides that the Director may refer alleged contempt to the Local Court and that the Local Court constituted by a Local Court Judge will deal with the matter. 
99.	Section 70 amended
This clause amends section 70 (order to seize property of fine defaulter) so that the rules of the Local Court apply if they are prescribed by the Local Court Regulations. 
100.	Section 72 amended
This clause amends section 72 (order to garnishee debts, wages or salary of fine defaulter) so that the rules of the Local Court apply if they are prescribed by the Local Court Regulations. 
101.	Section 74 amended
Sub-clause (1) amends section 74 (Bailiff’s costs payable) by:
·	repealing section 74(2) (which refers to a scale of costs that does not exist);
·	changing “Registrar” to “registrar”; and
·	removing the reference in section 74(5) to specific rules and replacing it with a more generic reference to reviews of decisions of registrars.
102.	Section 78A amended
This clause amends section 78A (Bailiff’s costs payable) by:
·	changing “Registrar” to “registrar”; and
·	removing and replacing section 78A (5) so the rules of the Local Court apply if they are prescribed by the Local Court Regulations.
103.	Act further amended
This clause provides for schedule 7 which contains miscellaneous amendments of a more minor nature.
Division 10	Fines and Penalties (Recovery) Regulations
104.	Regulations amended
This clause provides that this Division amends the Fines and Penalties (Recovery) Regulations.
105.	Regulation 8 amended
This clause amends regulation 8 by replacing “the Registrar” with “a registrar”.

106.	Regulations 11B and 11C inserted
This clause inserts new regulations 11B and 11C.
11B	Property seizure orders
This regulation prescribes the Local Court Rules that will apply for a property seizure order made for the purposes of section 70 of the Fines and Penalties (Recovery) Act.
11C	Garnishee orders
This regulation prescribes the Local Court Rules that will apply for a garnishee order made for the purposes of section 70 of the Fines and Penalties (Recovery) Act.
107.	Schedule 5 amended
This clause amends form 3 in schedule 5 by replacing “Registrar” with “registrar”.
Division 11 	Fisheries Act
108.	Act amended
This clause provides that this Division amends the Fisheries Act.
109.	Section 38 amended
This clause adds new section 38(1A) providing that offences in the Fisheries Act that but for this provision would be indictable offences are to be dealt with as summary offences.  
This amendment is consequential to the amendment of the Criminal Code which provides that regulatory offences are no longer to be deemed to be summary offences.  All offences in the Fisheries Act are regulatory offences.  The main offence affected by this provision (in maintaining the status quo) is section 18 (registration of foreign fishing vessels).  The maximum penalty for that offence is three years imprisonment.

110.	Section 43A amended
This clause amends section 43A by replacing “Justices Act” with “Local Court (Criminal Procedure) Act.  
Division 12	Interpretation Act
111.	Act amended
This clause provides that this Division amends the Interpretation Act.
112.	Section 17 amended 
This clause amends section 17 (definitions) by omitting words whose meanings have changed pursuant to the Local Court Act 2015 and replacing them with new definitions of “Chief Judge”, “Chief Justice”, “indictable offence”, “Local Court”, Local Court Judge”, “summary offence” and “Supreme Court Judge”.
This clause also removes the reference to “recognisance” from the definition of “committed to trial”.
113.	Section 38E repealed
This clause repeals section 38E (Certain offences to be crimes).  This section will no longer be necessary.  The term “Indictable offence” is to be used in the statute book where “crime” as used with this meaning has been often used to date.  The term “indictable offence” is to be defined in section 3(2) of the Criminal Code with a cross reference in section 17 of the Interpretation Act (see previous clause of this Bill).
114.	Section 70 amended
This clause amends section 70 by omitting the words “Judge, Justice of the Peace” and replacing them with “judge, justice of the peace”.  This is being done for the purpose of drafting consistency in the statute book. 
Division 13		Mineral Titles Act
115.	Act amended
This clause provides that this Division amends the Mineral Titles Act.
116.	Section 145 amended
This clause repeals section 145(1) (Prosecution).  The provision repealed states that offences against the Act are to be prosecuted as summary offences.  The sub-section is unnecessary given that all offences in the Act are summary offences by virtue of the relevant definitions in the Criminal Code and the Interpretation Act or pursuant to specific statements in the offence itself (e.g. see below regarding section 148).
117.	Section 148 amended
Section 148 (conducting mining activities without a mining title) is amended so as to state that the offence in the section is a summary offence despite the fact that the maximum penalty is five years imprisonment.  This amendment maintains the status quo that existed under repealed section 145(1).
118.	Section 184 amended
This clause amends section 184(3) by omitting the references to, respectively, the Court of Summary Jurisdiction and the Justices Act and replacing them with references to the Local Court and the Local Court (Criminal Procedure) Act.
Division 4		Misuse of Drugs Act
119.	Act amended
This clause provides that this Division amends the Misuse of Drugs Act.
120.	Section 3 amended
This clause amends sections 3(1) by removing the definition of “magistrate”.
121.	Section 5 amended
This clause amendments section 5 by replacing references to “crime” with references to “offence”.  The clause also corrects a typographical error in section 5(3) (the reference in that sub-section to sub-section (2) should be a reference to “sub-section (1)).  Also the words “subject to section 22” are removed from section 5(2) on the basis that the current narrative drafting style is that provisions such as section 5(2) operate subject to other provisions that provide a contrary policy without the need to spell this out. 
122.	Section 6 amended
This clause amendments section 6 by replacing references to “crime” with references to “offence”.  

123.	Section 7 amended
This clause amends section 7 by replacing references to “crime” with references to “offence”.  
124.	Section 8 amended
This clause amends section 8 by replacing references to “crime” with references to “offence”.  
125.	Section 9 amended
This clause amends section 9 by replacing references to “crime” with references to “offence”.  
126.	Section 11 amended
This clause amends section 11 by replacing references to “crime” with references to “offence”.  
127.	Section 19A amended
This clause amends section 19A by removing the definition of “magistrate”. 
128.	Section 23 amended
This clause omits sub-clauses (1)-(5) and replaces them with new sub-clauses (2)-(5).  The provisions have been re-drafted in light of modern drafting language and amendments made to other legislation.  More specifically:
·	sub-clause (1) is repealed because it is unnecessary.  The Local Court Act 2015 will operate so that all criminal matters will take place before a Local Court Judge; and	
·	sub-clause (2) is written in simpler language but retains the policy position which is that section 22 offences that is those indictable offences that can be dealt with summarily) can only be dealt in that way if the prosecution elects for this to occur.
129.	Section 24 amended
This clause amends section 24 by omitting the reference to “crime” and replacing it with a reference to “offence”.

130.	Section 26 amended
This clause repeals and replaces sub-sections (1)-(3) (which deal with the prohibition of publication of proceedings).  The sub-sections have been re-drafted so as to take into account changes in terminology made by the Local Court Act 2015 and other amendments made by this Bill.  No change in policy is being made.
131.	Section 27 amended
This clause amends section 27 (which deals with proceedings relating to sentencing being held otherwise than in open court and the prohibition of publications concerning such proceedings) by removing unnecessarily detailed provisions relating to the processes. 
132.	Act further amended
This clause provides for a schedule of more minor amendments (Schedule 8).
Division 15		Prisoners (Interstate Transfer) Act
133.	Act amended
This clause provides that this Division amends the Prisoners (Interstate Transfer) Act.
134.	Section 4B inserted
This clause provides that the jurisdiction under the Prisoners (Interstate Transfer) Act is part of the Court’s criminal jurisdiction and that the jurisdiction must be exercised by a Local Court Judge.
135.	Act further amended
This clause provides for a schedule of more minor amendments (Schedule 9).
Division 16 	Sentencing Act
136.	Act amended
This clause provides that this Division amends the Sentencing Act.

137.	Section 109 repealed
This clause repeals section 109 (sentence by another Judge or Magistrate”).  This matter is now covered by the Local Court Act 2015, section 7. 
138.	Section 122 replaced
This clause provides for the repeal and replacement of section 122 (jurisdiction of Court of Summary Jurisdiction).
122	Maximum penalty for indictable offence dealt with summarily
New section 122 provides that where the Local Court deals with an indictable offence in a summary way the maximum penalty is five years imprisonment and/or a fine of 500 penalty units.  This is the same as current section 122 excepting that the maximum fine has increased from 250 penalty units to 500 penalty units.
The maximum penalties operate subject to any lower maximum penalties that might be set out for the indictable offence.  For example, if the maximum penalty for an indictable offence is three years, that will also be the maximum penalty if the matter is tried summarily. 
139.	Section 125 repealed
This clause provides for the repeal of section 125 (procedural rules and regulations).  This provision is unnecessary given that there are general provisions to this effect in both the Supreme Court Act (section 86(3)) and in the Local Court Act 2015 (section 48(2)(a)).
140.	Act further amended
This clause provides for a schedule of more minor amendments (Schedule 10).
Division 17		Sentencing Regulations
141.	Regulations amended
This clause provides that this Division amends the Sentencing Regulations.

142.	Regulation 3 replaced
This clause provides for the repeal and replacement of the regulation 3 (dealing with definition of “proper officer”)
3.	Proper officer
Replacement regulation 3 defines, for the purposes of section 3 of the Sentencing Act, “proper officer” as being a registrar as defined in the Local Court Act 2015. 
143.	Schedule amended
This clause amends forms 2, 4 and 5A in the schedule to the regulations by omitting “Clerk of the Court” and “Sheriff or Registrar” and replacing with “Sheriff /Registrar of … Court”.
This clause amends forms 5B and 6 in the schedule to the regulations by omitting “Judge/Magistrate” and replacing with “Supreme Court Judge/Local Court Judge”.
Division 18		Serious Crime Control Act
144.	Act amended
This clause provides that this Division amends the Serious Crime Control Act.
145.	Section 5A inserted
This clause inserts new section 5A.
5A	Jurisdiction of Local Court
New section 5A provides that the jurisdiction under this Act is part of the Local Court’s criminal jurisdiction.
146.	Act further amended
This clause provides for a schedule of more minor amendments (Schedule 11).
Division 19		Supreme Court Act
147.	Act amended
This clause provides that this Division amends the Supreme Court Act.
148.	Section 11A inserted
This clause provides for new section 11A.
11A	Changes in constitution of the Court during proceedings
New section 11A sets out the situations where a matter can proceed under a different judicial officer to the one who has previously been responsible.  It is based on section 7(3)-(5) of the Local Court Act.  It also replaces (as part of its operation) section 109 of the Sentencing Act.  Section 109 is to be repealed by this Bill. 
Section 11A(1) provides that a new Judge may deal with sentencing if a matter is adjourned, after a plea of guilty but before any submissions are made regarding sentencing.
Section 11A(2) and (3) provide that, at any time in proceeding, a different Judge may deal with the remaining aspects of the proceeding if the original judge is “unable to proceed”.  A Judge is unable to proceed if he or she dies, vacates office or unable to continue without unreasonable delay because of illness, injury or other cause.  The Chief Justice is responsible for making the decision as to whether a judge is “unable to continue”.
Division 20		Work Health Administration Act
149.	 Act amended
This clause provides that this Division amends the Work Health Administration Act.
150.	Section 3 amended
This clause amends section 3 by omitting the definition of “Chief Magistrate” and replacing it with definitions of “Judge”, “judicial registrar”, “managing Judge” and “registrar”.
This clause also provides for a note stating that the Interpretation Act may contain definitions and other provisions that may be relevant to the Work Health Administration Act.
151.	Sections 19 and 20 replaced
This clause repeals sections 19 (contempt of Court) and 20 (dealing with contempt of Court) and replaces them with contempt provisions based on those in the Local Court Act 2015.
19. Contempt of Court 
This clause sets out all the ways in which a contempt of court can be committed, whether it is in the face of the court or not.  It covers the existing situations under the Local Court Act and the Justices Act and also includes failure to comply with an order (sub-clause (3)) and failure to comply with an undertaking (sub-clause (4)).  For the meaning of ‘oath’ as used in this section (and in all other NT legislation), see section 5 of the Oaths, Affidavits and Declarations Act. 
20. Dealing with contempt of Court 
This new section is based on section 46 of the Local Court Act 2015 and retains maximum flexibility for the Court to determine the procedure to deal with a contempt.  If an alleged contempt is committed in a Court constituted by a justice of the peace (or more than one justice of the peace), a judicial registrar or a registrar, then it can be referred to a Local Court Judge for consideration.
21. Punishment for contempt
The maximum penalty for contempt that can be imposed has been reviewed and revised at 6 months imprisonment or 50 penalty units (replacing one month and $2,000).  In determining this level, consideration was given to the wide divergence of penalties for contempt in other Australian jurisdictions and the maximum penalty for conduct akin to contempt under other Northern Territory legislation. 
This is the same maximum penalty as in Northern Territory Civil and Administrative Tribunal Act 2014, s.86 and in section 47 of the Local Court Act 2015.
152.	Act further amended
This clause provides for a schedule of other amendments (Schedule 12).
Division 21		Youth Justice Act
153.	Act amended
This clause provides that this Division amends the Youth Justice Act.
154.	Section 5 amended
Sub-clauses(1) and (2) amend section 5 (interpretation) by omitting the definitions of “Court”, “Court of Summary Jurisdiction” and “preliminary examination” and replacing them with new definitions of “Court” and preliminary examination”. 
Sub-clause (3) omits section 5(2) and (3) and inserts a new sub-clause (3) providing that, depending on context, the term “Local Court Judge” also means “Supreme Court Judge”. 
This clause also provides for a note stating that the Interpretation Act may contain definitions and other provisions that may be relevant to the Youth Justice Act.
155.	Section 45 amended
This clause omits and replaces section 45(2).  This sub-clause provides that Local Court Judges are judges of the Youth Justice Court.
156.	Sections 46 and 46A inserted 
This clause repeals and replaces section 46 (exercise of jurisdiction) and also inserts new section 46A.  
46	Exercise of jurisdiction
New section 46 provides that the Chief Judge of the Local Court may appoint as a Youth Judge a Local Court Judge who has knowledge and skills in the law and the social or behavior sciences considered appropriate for dealing with youths and their families. 
46A 	Changes in constitution of Court during proceedings
New section 46A sets out the situations where a matter can proceed under a different judicial officer to the one who has previously been responsible.  It is based on section 7(3)-(5) of the Local Court Act.  It also replaces (as part of its operation) section 109 of the Sentencing Act.  Section 109 is to be repealed by this Bill. 
Section 46A(1) provides that a new Judge may deal with sentencing if a matter is adjourned, after a plea of guilty but before any submissions are made regarding sentencing.
Section 46A(2) and (3) provide that, at any time in proceeding, a different Judge may deal with the remaining aspects of the proceeding if the original judge is “unable to proceed”.  A Judge is unable to proceed if he or she dies, vacates office or unable to continue without unreasonable delay because of illness, injury or other cause.  The Chief Judge is responsible for making the decision as to whether a judge is “unable to continue”.
157.	Section 53 replaced
This clause provides for the repeal and replacement of section 53 (application of other Acts). 
53. 	Application of other Acts
New section replaces current section 53 using terminology suitable following the enactment of the Local Court Act.
Section 53 provides that, as a general rule, the Local Court (Criminal Procedure) Act applies to proceedings, orders and convictions of the Youth Justice Court. 
158.	Section 56B amended
This clause amends section 56B (youth and adult charged – joint preliminary examination) so that its language is consistent with that put in place by the Local Court Act 2015. 
159.	Act further amended
This clause provides for a schedule of other more minor amendments (Schedule 13).
Division 22		Other laws
160.	Other laws amended
This clause provides for a schedule of other amendments (Schedule 14).
Part 6			Repeals
161.	Laws repealed
This clause provides for the repeal of the subordinate legislation listed in Schedule 15.
Part 7		Miscellaneous matters
162.	Transitional regulations
This clause provides for the making of regulations dealing with transitional issues.  Such a regulation can only be made in the period of two years following the commencement of this section.  All regulations made under this section expire at the end of that period of two years.  These transitional regulations can operate retrospectively except to the extent of not decreasing a person’s rights or imposing liabilities on a person. 
163.	Expiry of Act
This clause provides that Parts 2-6 of the Act expire on the day after the commencement of Part 5 and that the other provisions (namely Parts 1 and 7 expire two years after the commencement of Part 6).
Schedule 1		Justices Act further amended
Schedule 1 contains miscellaneous amendments to the Justices Act.
These amendments provide for:
·	references to “Justices” to be changed to “Court” or, in some cases, JP or Judge (of the Local Court);
·	references to “clerk” to be changed to “registrar”;
·	references to “court” or “court room” to be changed to “courtroom” where the context of the reference is that of the physical place where proceedings are occurring;
·	this clause provides for the amendment of section 22(2).  The prescribing of a form in this sub-section (along with schedule 3) is unnecessary given that a form for the purpose of section 57 is already prescribed in the Justices Regulations;
·	the repeal of section 26A(2) (dealing with what might occur if a witness refuses to take an oath or answer questions).  This is now covered by section 45(2) of the Local Court Act;
·	references to “counsel or solicitor” be replace by references to “legal practitioner” (as defined in the Interpretation Act);
·	references to “information” be replaced by “complaint”;
·	references to “Special Acts” are removed;
·	the repeal of section 57(3) and (4) (dealing with evidence of previous convictions).  This method is now redundant;
·	removal of references to the Court of Summary Jurisdiction;
·	removal of references to “simple offences” and replacing them with references to “summary offences”;
·	references to “matters” to be changed to “charges”;
·	repeal of section 63(2).  The sub-section is redundant;
·	amend section 63A(IB) so that it is clear that an application under section 63A(1) or (1A) (applications by defendants to set aside decisions) must be in writing;
·	references to “magistrate” be changed to “Judge” (of the Local Court) or to “Court” (depending on context); and
·	amend section 142 so that it is clear that this provision is dealing with Supreme Court Judges rather than Local Court Judges.
Schedule 2	Local Court Act further amended
Schedule 2 contains miscellaneous amendments to the Local Court Act 1989 (as amended).
The main amendments provide for:
·	references to “proceedings” to be changed to “claim” or “proceeding” (depending on context);
·	references to “Registrar” to be changed to “registrar” or “principal registrar”; and
·	including new section 32(5) so that it is clear that the right of the Court to make costs orders (as set out in section 32(1) and (2)) applies even if the claim in question is beyond the jurisdiction of the Court.
Schedule 3	Bail Act further amended
Schedule 3 contains miscellaneous amendments to the Bail Act.
The main amendments provide for:
·	references to “Justices” and “Magistrates” to be changed to “Court” or, in some cases, Judge (of the Local Court);
·	reference to Court of Summary Jurisdiction is removed;
·	references to “clerk” to be changed to “registrar”;
·	amend various sections so that it is clear that they are dealing with Supreme Court Judges rather than Local Court Judges;
·	references to “proceeding” to be changed to “proceedings”;
·	the re-drafting of section 15(c) so that it refers to imprisonment rather that custody; and
·	the removal from section 40(4) of the words “or recognisance”.  The reference to “recognisance” is a transitional matter.  It is not likely that any old recognisances would come within the scope of the Fines and Penalties (Recovery) Act (as referred to in section 40(4).
Schedule 4		Criminal Code further amended
Schedule 4 amends the Criminal Code by:
·	replacing “crime” with “offence” where “crime” is used in a general sense of “criminal law” – see amendments to sections 19, 31(3), , 65, 69, 70, 71(1), 71(2), 72, 73, 74, 75, 76(1), 77, 78, 79(1), , 80(1), 82(1), 83, 84, 85, 86, 87, 88, 89(1), 89(3), 90, 91, 92, 93(1), 93(3), 94, 95, 96, 97(1), 97(2), 99, 100, 101, 102, 103, 104 (heading), 104(1), 104(2), 105, 106, 107, 108, 109, 110, 111, 112(2), 112(2AA), 113, 114, 115, 116, 117, 118, 119, 121, 122, 123, 124, 125, 125B(1), 125B(6), 125E, 127(1), 127(2), 127(4), 128(1), 128(4), 130(2), 130(3A), 130(3), 130(3C), 131(1), 131(3), 131A(1), 131A(2), 131A(3), 131A(6), 131A(7), 131A(8),132(2), 133, 134(1), 134(4), 138, 139, 139A, 139A, 140, 148, 148B, 148C, 148D, 149C, 155, 155A(1), 156(1), 156(2), 157(1), 157(3), 160, 161, 161A(1), 161A(3), 161A(4), 165, 166(1), 170, 174B(4), 174C, 174D, 174E, 174F(1), 174F(2)174FA(1), 175, 176, 177, 178, 179, 180, , 180A(1), 181, 182, 183, 184, 185(1), 186, 186B(1), 186C(1)186D, 188(2), 188(3), 188A(1), 189A(1), 189A(2)(a), 190, 191, 192(3), 192(4), 192(5), 192(6), 192(7), 192(8),192B(2), 193, 194(1), 194(2), 195, 196(1), 197, 198, 199, 200, 201, 202(1), 202B(1), 202B(2), 202B(3), 202C(1), 202C(2), 202C(3), 202D(1), 202E, 204, 205, 207, 208, 210(1), 211(1), 212(1), 214(1), 215, 216(1), 217, 218(2), 219(1), 220, 221, 222, 223, 224, 225, 226, 226A(2), 226B(1), 226B(2), 226B(3), 227(1), 227(3), 227(4), 228(1), 228(2), 228C(1), 228C(2), 228D(1), 228D(2), 228E(1), 228E(2), 229(1), 229(2), 231, 231B(1), 231B(2), 231C(1), 231C(3), 232(1), 232(2), 233, 234(1), 235(1), 235(2), 236, 237, 237H, 237J(1), 237J(2), 237J(3), 237K(1), 237L(1), 241(1), 241(2), 242(1), 242(2), 242(3), 243(1), 243(2), 243(3), 244(1), 246(1), 246(2), 247, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272(1), 273, 274, 275, 276B(1), 276B(2), 276C(1), 276D, 276E(1), 276E(2), 276F, 282, 283, 284, 285(1), 286, 288, 289, 293, 298(1), 317, 318, 319(1), 319(2), 320(1), 320(2), 327, 328, 329, 344(1), 344(2), 377(1), 379(3), 412(1), and 437.  The effect of the amendments to sections 71(1) (interfering with political liberty), 80(1) (officers charged with administration of property of a special character or with special duties), 82(1) (abuse of office), 105, 106 (delay in taking arrested person before court), 107, 108, 114, 121, 122, 125,  123, 124, 133 and 140 is that the offences become summary offences rather than indictable offences;
·	amending section 20so that it no longer includes the words “crime” or “simple offence”.  The meaning is not changed;
·	replacing references to “judges” and “justices of the peace”, with “court” or “Local Court” (see amendments to sections 21, 301(1), 301(2)344(2), 379(3), 435(1), 435(2),
·	replacing references to “crime” with “indictable offence” where the word “crime” is used for the purpose of classifying the offence as an indictable offence.  That is, as currently defined in the Interpretation Act (see section 40(2), 43AA(3)(e), 104, 112(2), 175, 176 213(3), 213(4), 214(2), 225, 226, 229(1), 230, 231, 278(1), 281, 282, 297A, 298(1), 299, 308(1), 329, 344(1), 376, 412(1), 414(1)(c), 439.
·	removing the phrase “guilty of a crime” entirely (section 213(3), 21394)) (no change to meaning);
·	removing reference to “crime” but leaving reference to “indictable offence” to remain, where the word “indictable offence” was already used to classify the offence as an indictable offence (section 433A(1);
·	replacing “proceeding” with “proceedings” (see section 93(2), 95, 96, 99, 100, 101, 102, 204(g)), 374, 433A(6)(a)(i), 437;
·	removing references to a person being tried summarily and imprisoned (section 189A(1), 189A(2)(a));
·	removing reference to “magistrates” entirely (section 190);
·	replacing all non-capitalised references to “judge’ or ‘judges”, with capitalised references to “Judge” or “Judges” (sections 192A, 297(1), 326(2), 336(3), 336(3), 372 (heading), 372(4), 407(1), 407(3), 407(3), 408(3), 408(4), 409(4), 410(b), 418, 428(2), 429 (heading), 429(1), 429(2), 430(1), 430(2), 430(3), 438(2);
·	replacing all reference to “simple offence” with reference to “summary offence” (section 213(2), 214(1), 283;
·	replacing dated legal language with plain English substitutes or improving grammar (section 213(5), 231E, 232(2), 276(2), 297(1), 316(2), 318, 319(1);
·	removing all references to “trial” and replacing with updated references (sections 295, 314); 
·	replacing references to “defined by this” with references to “against this”, to reflect modern drafting styles (sections 196(3), 213(6);
·	replacing outdated notes with updated notes (Part VII, Div 2, Note);
·	replacing reference to “summary offence” with reference to “dealings with suspicious property” (section 231D);
·	removing reference to “judge” entirely (section 232(2);
·	removing all reference to “simple offence” (section 278(2);
·	replacing reference to “summary” with reference to “summarily-triable” (Part IX, Division 7 heading, sections 389, 390, 391(1);
·	replacing reference to “summary offence” with reference to “summarily-triable offence” (sections 389(1)-(5), 390(1), 390(2);
·	replacing any wording that includes reference to a “court of summary jurisdiction” or “clerk”, with “Local Court” or “Registrar” (sections 389(4), 389(5), 390(2), 390(4), 391 (heading), 391(2);
·	replacing reference to “treason, felony or other offences” with reference to “offences” or “an offence” (section 435A (heading), 435A; and 
·	replacing references to a “Justice”, with reference to “justice of the peace” (section 443(1)).
Schedule 5		Cross-border Justice Act further amended
This schedule amends the Cross-border Justice Act by:
·	omitting references to “magistrate” or ‘magistrates’ and replacing with references to “Local Court Judge” or “Local Court Judges”; 
·	omitting references to “Court of Summary Jurisdiction” and replacing them with references to “Local Court”;
·	omitting references to ‘an NT Magistrate’ and replacing them with references to “The NT Local Court”; and 
·	omitting references to the “Magistrates Act” and replacing with references to “Part 5 of the Local Court (Civil Procedure) Act”.
Schedule 6 	Domestic and Family Violence Act further amended
This schedule amends the Domestic and Family Violence Act by:
·	omitting references to “magistrate” or “magistrates” and replacing with references to “Judge” or “Local Court Judges”;
·	omitting references to “CSJ” or “Court of Summary Jurisdiction” and replacing them with references to “Local Court”; 
·	omitting references to “clerk” and replacing them with references to “registrar”. Omitting references to “Court or magistrate” and replacing them with reference to “issuing authority” (section 116);
·	omitting any reference to “Chief Magistrate” (section 33(2)); and
·	omitting any reference to the “Justices Act” and replacing them with references to the “Local Court (Civil Procedure) Act”.
Schedule 7	Fines and Penalties (Recovery) Act further amended
This schedule amends the Fines and Penalties (Recovery) Act by:
·	omitting references to “Court of Summary Jurisdiction” and replacing them with references to “Local Court”;
·	including a note stating that the Interpretation Act may contain definitions and other provisions that may be relevant to the Fines and Penalties (Recovery) Act;
·	omitting references to “recognisances”; and
·	Replacing references to “Justices Act” with references to the “Local Court (Criminal Procedure) Act”.  Replacing references to “justice”, with references to “justice of the peace”.
Schedule 8	Misuse of Drugs Act further amended
This schedule amends the Misuse of Drugs Act in the following ways: 
·	replacement of “magistrate” with “Local Court Judge” or “Local Court” (sections 11J, 19E, 19F, 19G, 19h, 19J, 19K, 19M, 19R, 19S and 34;
·	replacement of “court of summary jurisdiction” with “Local Court” (section 11J and 11T); 
·	replacement of “Local Court Act” with “Local Court (Civil Procedure) Act” (section 11J, 11P);
·	replacement of “Justices Act” with “Local Court (Criminal Procedure) Act” (section 35);
·	replacement of “Judge” with “Supreme Court Judge” (sections 34 and 35A); 
·	replacement of “a magistrate or jury” with “the trier of fact” (section 41),and
·	replacement of references to “under”, with references to “against”, in relation to referring to an offence against a section of the Act, in order to reflect new drafting style (section 10).
The effect of the amendments to sections 7(1), 9, 11 and 24 is that the offence changes from being a crime (ie indictable) to being a summary offence. 

Schedule 9	Prisoners (Interstate Transfer) Act further amended
This schedule amends the Prisoners (Interstate Transfer) Act by:
·	omitting references to “magistrates”; 
·	including a note stating that the Interpretation Act may contain definitions and other provisions that may be relevant to the Prisoners (Interstate Transfer) Act; and
·	omitting references to “court of petty sessions” and replacing them with references to “Local Court”.  Replacing references to “justice” with references to “justice of the peace”. 
Schedule 10		Sentencing Act further amended
This schedule amends the Sentencing Act in the following ways:
·	replacement of the word “clerk” with “registrar” (section 3(1));
·	including a note stating that the Interpretation Act may contain definitions and other provisions that may be relevant to the Sentencing Act;
·	replacement of the words “Court of Summary Jurisdiction” with “Local Court” (section 3(1), 14, 15, 42, 43, 85, 108A, 111, 115 and 123A);
·	replacement of “Justices Act” with “Local Court (Criminal Procedure) Act (sections 5(2)(ha), 97AB and 114);
·	replacement of “Justice” with “justice of the peace” (sections 15, 39, 39M, 43, 48, 48K,and 78N);
·	replacement of the word “crime” with “offence” (sections 53A, 56(4), 65 and 78K);
·	replacement of the word “magistrate” with “Court”, “person constituting the court” or “person” (section 108A, 114 and 123A); changing the maximum amount for fines in the regulations from $2,000 to 100 penalty units (currently $15,300).  The latter amount is the standard default maximum fine for subordinate legislation (see Interpretation Act, section 38F).  Currently, there are no offences in the Sentencing Regulations; and
·	replacing “crime” with “indictable offence” (schedule 2).

Schedule 11	Serious Crime Control Act further amended
This schedule amends the Serious Crime Control Act in the following ways:
·	repeal of the definition of “Court of Summary Jurisdiction” (section 6);
·	including a note stating that the Interpretation Act may contain definitions and other provisions that may be relevant to the Serious Crime Control Act;
·	replacement of the words “Court of Summary Jurisdiction” with “Local Court” (section 6, 10, 49,50,51, 52, 59,60,61, 63,64,67, 70. 73 and 79);
·	replacement of “Justices Act” with “Local Court (Criminal Procedure) Act (sections 51(5) and 60(3) and 63(5));
·	replacement of “Justice” with “justice of the peace” (sections 39, 39M, 43 and 78N);
·	replacement of the word “magistrate” with “Local Court Judge”, (section 50, 64(2),73); and
·	inclusion of reference to “Supreme Court Judge” in the definition of “former judicial officer” in section 85(7).
Schedule 12	Work Health Administration Act further amended
This schedule amends the Work Health Administration Act by:
·	omitting references to “magistrate” and replacing with references to Local Court “Judge”; and
·	omitting references to “clerk” and replacing them with references to “registrar”.  Omitting references to the “Local Court Act” and replacing them with reference to the “Local Court (Civil Procedure) Act”, and replacing “a Local Court” with “the Local Court”.
Schedule 13	Youth Justice Act further amended
This schedule amends the Youth Justice Act by:
·	omitting references to “magistrates” and replacing with references to “Local Court Judges”;
·	omitting references to “Court of Summary Jurisdiction” and replacing them with references to “Local Court”;
·	omitting references to “Registrar” and replacing them with references to “registrar”;
·	omitting references to “crimes” and replacing them with, depending on context, references to “offences” or “indictable offences”;
·	omitting references to the “Justices Act” and replacing them with references to the “Local Court (Criminal Procedure) Act”;
·	omitting references to “Justice” and replacing with “justice of the peace”; and 
·	omitting references to “crime” and replacing them with references to “indictable offence”.
Schedule 14	Other laws amended
Bail Regulations
Regulation 4 is repealed.  Provisions dealing with repeals are now to be contained in the Bail Act.
The forms in the schedule to the Bail Regulations are amended by removing references to the “Court of Summary Jurisdiction” and “clerk”.
Housing Regulations
The Housing Regulations are amended so that the offence in section 9(2)(f) of the Misuse of Drugs Act is added as a disqualifying offence.
Misuse of Drugs Regulations
The Misuse of Drugs Regulations are amended by replacing the reference to Local Court Act with a reference to Local Court (Civil Procedure) Act.
Police Administration Act
This Police Administration Act is amended by:
·	omitting references to “magistrates” and replacing with references to “Local Court Judges”;
·	omitting references to “justice” and replacing them with references to “court”;
·	omitting references to “clerk” and replacing with references to “registrar”;
·	omitting references to Magistrates and judges and replacing them with, depending on context, references to Local Court Judges and Supreme Court Judges;
·	removing references to recognisances; and
·	redrafting section 125(3) (b) consequential to the removal of the reference to “recognisance”.
Public Transport (Passenger Safety) Regulations
The Public Transport (Passenger Safety) Regulations are amended so that the offence in section 9(2) (f) of the Misuse of Drugs Act is added as a disqualifying offence.
Prisoners (Interstate Transfers) Regulations
The Prisoners (Interstate Transfers) Regulations are amended by changing the references to the Court of Summary Jurisdiction to references to the Local Court and the references to magistrates to references to Local Court Judges.
Youth Justice Regulations
The Youth Justice Regulations are amended by changing the references to “magistrates” and “judges” to “Local Court Judges” or “Supreme Court Judges”. 
Schedule 15	Laws repealed
Schedule 15 sets out the subordinate legislation that is being repealed.