House of Representatives

Second Reading Speech

Mr Frydenberg (Minister for Resources, Energy and Northern Australia)

I move:

That this bill be now read a second time.

The Law and Justice Legislation Amendment (Northern Territory Local Court) Bill 2016 will make consequential amendments to Commonwealth legislation arising from the enactment of the Local Court Act 2015 of the Northern Territory.

The Local Court Actamalgamates the Northern Territory Local Court and the Court of Summary Jurisdiction into one court, called the Northern Territory Local Court. The Local Court Act also makes changes to the title of judicial officers of that court. It is expected to commence by proclamation on 1 May 2016.

A number of Commonwealth acts confer jurisdiction on state and territory courts. Without amendments to Commonwealth legislation, some of the provisions of the Local Court Act will have unintended consequences for the jurisdiction of the Northern Territory courts. A change in title for judicial office holders of the Northern Territory Local Court may change the effect of Commonwealth legislation that confers power and jurisdiction on Northern Territory courts. In some instances, this will mean that Northern Territory Local Court judges will have expanded jurisdiction. In other instances, Commonwealth legislation will no longer apply to Local Court judges, including provisions that confer jurisdiction on magistrates. Finally, despite the Northern Territory Local Court being a court of summary jurisdiction, some Commonwealth acts may no longer extend this jurisdiction to the Local Court.

The Law and Justice Legislation Amendment (Northern Territory Local Court) Bill 2016 will make amendments to address each of these unintended consequences. It achieves this by making minor technical amendments to the Acts Interpretation Act 1901and other Commonwealth legislation to ensure the continued effectiveness of provisions that confer jurisdiction or powers on judicial officers.

This bill is important in a variety of contexts, including in relation to criminal law matters where functions performed by Northern Territory Local Court magistrates are depended upon for the purposes of Commonwealth criminal matters, for example the issuing of warrants.