Schedule 13 Amendment of Supreme Court Act 1970 No 52
(Section 3)
[1] Section 46A Certain appeals may be heard by 2 Judges of Appeal
Insert “(other than an order for the payment of costs)” after “tribunal” in section 46A (1) (d) (ii).Item [1] provides that 2 Judges of the Court of Appeal may determine an appeal from a court or tribunal (other than the Supreme Court) where the appeal is against an order for the payment of costs only.
[2] Section 101A Question of law concerning criminal contempt may be submitted to Court of Appeal
Omit “Proceedings” from section 101A (7).Insert instead “Unless the Court orders otherwise (whether on the application of a party to the proceedings or of its own accord), proceedings”.
Insert “unless the contemnor has, during the proceedings, consented to his or her name or identity being disclosed” after “contemnor”.Items [2] and [3] remove the requirement that criminal contempt proceedings in the Court of Criminal Appeal must be held in camera.
Insert after section 108:109 Effect of minor variations to judgments, orders or injunctions appealed against
If:(a) a Judge of Appeal or the Court of Appeal dismisses an appeal against a judgment, order or injunction, and(b) at that time, the Judge or Court makes a judgment or order that involves the variation of the judgment, order or injunction the subject of the appeal, and(c) the Judge or Court declares the variation to be a minor variation,the varied judgment, order or injunction is, for all purposes, taken to be a judgment, order or injunction of the court, tribunal or Division that made the original judgment, order or injunction the subject of the appeal.Item [4] enables a Judge of Appeal or the Court of Appeal, in dismissing an appeal against a judgment, order or injunction, to make a minor variation of the matter that is the subject of the appeal without affecting its status as a judgment, order or injunction of the court that made it.
[5] Fourth Schedule Savings and transitional provisions
Insert at the end of clause 1 (2):Courts Legislation Amendment Act 2000, but only in relation to the amendments made to this Act
Insert after clause 14:Part 10 Provisions consequent on enactment of Courts Legislation Amendment Act 2000
In this Part, amending Act means the Courts Legislation Amendment Act 2000.16 Application of amendment relating to appeals
Section 46A, as amended by the amending Act, extends to an appeal against an order made before the commencement of the amendment to that section.17 Application of amendment relating to contempt proceedings
Section 101A, as amended by the amending Act, extends to proceedings that were commenced before the commencement of the amendment.
Items [5] and [6] make savings and transitional provisions.