Local Court Act 2007 (NSW)

Local Court Act 2007 No 93

An Act to establish the Local Court of New South Wales; to provide for the appointment of Magistrates and other officers of the Court; to confer certain jurisdiction on the Court; to abolish the Local Courts within New South Wales; to repeal the Local Courts Act 1982; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Local Court Act 2007.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act— acting Magistrate means a person appointed under section 16 to be an acting Magistrate of the Local Court. Assessor means a person appointed under section 17 (1) to be an Assessor of the Local Court. Chief Magistrate means the person appointed under section 14 (1) to be the Chief Magistrate of the Local Court. civil jurisdiction, in relation to the Local Court, means the jurisdiction referred to in section 9 (a). Court means the Local Court constituted by section 7 (1). criminal jurisdiction, in relation to the Local Court, means the jurisdiction referred to in section 9 (c). criminal proceedings means proceedings against a person for an offence (whether summary or indictable), and includes the following— (a) committal proceedings, (b) proceedings relating to bail, (c) proceedings relating to sentence, (d) proceedings for the review of a conviction or sentence under the Crimes (Appeal and Review) Act 2001, but does not include the following— (e) proceedings on an application for an order under the Crimes (Forensic Procedures) Act 2000, (f) proceedings on an application for an order, or an application to vary or revoke any such order, under the Child Protection (Offenders Prohibition Orders) Act 2004, (g) proceedings on an application for an order under Part 16A of the Law Enforcement (Powers and Responsibilities) Act 2002, (h) applications for an order under section 3E or 3F of the Child Protection (Offenders Registration) Act 2000, (i) proceedings on an appeal against an order under section 282I of the Fisheries Management Act 1994. Deputy Chief Magistrate means a person appointed under section 15 (1) to be a Deputy Chief Magistrate of the Local Court. designated place means a place at which sittings of the Local Court are to be held in accordance with section 22 (1). exercise a function includes perform a duty. function includes power, authority and duty. government sector has the same meaning as it has in the Government Sector Employment Act 2013. Magistrate means a person appointed or taken to be appointed under this Act to be a Magistrate of the Local Court. mandatory judicial retirement age means the maximum age at which a Magistrate is required by law to retire.