Schedule 2 Consequential amendment of other Acts
(Section 4)
2.1 Children’s Court Act 1987 No 53
[1] Schedule 1 Provisions relating to Children’s Magistrates
Insert after clause 2:A person holding office as Children’s Magistrate is taken to hold the office on either a full-time or part-time basis, according to whether the person holds the office of Magistrate on a full-time or part-time basis under the Local Courts Act 1982.
Insert after Schedule 1:Schedule 2 Savings and transitional provisions
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.2 Remuneration of part-time Children’s Magistrates
Until a relevant determination is made and takes effect under the Statutory and Other Offices Remuneration Act 1975, a Children’s Magistrate holding office on a part-time basis is entitled to be paid in accordance with the determination in force for the time being for Children’s Magistrates, but on a pro rata basis (according to time spent in service), as calculated by the Attorney General.
[1] Section 5 Appointment of coroners
Insert after section 5 (2):(3) A person holding office as coroner is taken to hold the office on either a full-time or part-time basis, according to whether the person holds the office of Magistrate on a full-time or part-time basis under the Local Courts Act 1982.
[2] Schedule 3 Savings and transitional provisions
Insert after clause 8:9 Remuneration of part-time coroners
Until a relevant determination is made and takes effect under the Statutory and Other Offices Remuneration Act 1975, a coroner holding office on a part-time basis is entitled to be paid in accordance with the determination in force for the time being for coroners, but on a pro rata basis (according to time spent in service), as calculated by the Attorney General.
2.3 Industrial Relations Act 1996 No 17
[1] Section 381 Appointment of Chief and other Industrial Magistrates
Insert after section 381 (4):(5) A person holding office as Industrial Magistrate is taken to hold the office on either a full-time or part-time basis, according to whether the person holds the office of Magistrate on a full-time or part-time basis under the Local Courts Act 1982.
[2] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
Insert at the end of clause 39:(2) Until a relevant determination is made and takes effect under the Statutory and Other Offices Remuneration Act 1975, an Industrial Magistrate holding office on a part-time basis is entitled to be paid in accordance with the determination in force for the time being for Industrial Magistrates, but on a pro rata basis (according to time spent in service), as calculated by the Attorney General.
[1] Section 8 Appointment of licensing magistrates
Insert after section 8 (5):(6) A person holding office as licensing magistrate is taken to hold the office on a part-time basis:(a) if, immediately before being appointed to the office, the person was a part-time Magistrate within the meaning of the Local Courts Act 1982, or(b) if the person became a Magistrate by virtue of being appointed to the office and:(i) the person’s appointment as a licensing magistrate is expressed, in the instrument by which the person is appointed, to be on a part-time basis, or(ii) although not appointed on a part-time basis, the person, by agreement in writing entered into with the Chief Magistrate, exercises the functions of the office of licensing magistrate on a part-time basis.
[2] Schedule 1 Savings and transitional provisions
Insert at the end of clause 1 (1):
Insert in Schedule 1 (with appropriate Part and clause number):Part Local Courts Amendment (Part-time Magistrates) Act 1999
Remuneration of part-time licensing magistrates
Until a relevant determination is made and takes effect under the Statutory and Other Offices Remuneration Act 1975, a licensing magistrate holding office on a part-time basis is entitled to be paid in accordance with the determination in force for the time being for licensing magistrates, but on a pro rata basis (according to time spent in service), as calculated by the Attorney General.
[1] Section 293 Appointment of chief warden and wardens
Insert after section 293 (3):(4) A person holding office as warden is taken to hold the office on either a full-time or part-time basis, according to whether the person holds the office of Magistrate on a full-time or part-time basis under the Local Courts Act 1982.
[2] Schedule 6 Savings, transitional and other provisions
Insert at the end of clause 1 (1):