Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download PDFDownload PDF 

Previous Fragment    Next Fragment

LAW AND JUSTICE LEGISLATION AMENDMENT BILL (NO. 2) 1994

Order of the day read for the adjourned debate on the motion of the

Minister for Family Services (Senator Crowley)--That this bill be now

read a second time.

Debate resumed.

Question put and passed.

Bill read a second time.

The Senate resolved itself into committee for the consideration of the

bill.

In the committee

Bill taken as a whole by leave.

Explanatory memorandum: The Minister for Trade (Senator McMullan) tabled

a supplementary explanatory memorandum relating to the Government

amendments to be moved to the bill.

On the motion of Senator McMullan the following amendments, taken

together by leave, were agreed to:

Clause 2, page 1, after subclause (1), insert the following subclause:

"(1A) Items 1A to 1K of Schedule 1 commence as follows:

(a) if the Crimes (Search Warrants and Powers of Arrest) Amendment

Act 1994 has commenced before the day on which this Act receives

the Royal Assent--those items commence on the day on which this

Act receives the Royal Assent;

(b) if paragraph (a) does not apply--those items commence

immediately after the commencement of the Crimes (Search

Warrants and Powers of Arrest) Amendment Act 1994.".

After clause 4, page 2, insert the following clause:

Savings provision--amendment of section 11 of the Law Officers Act 1964

"4A. This Act does not affect any appointment that was in force under

section 11 of the Law Officers Act 1964 immediately before the

commencement of Item 1 of Schedule 1 of this Act.".

After clause 5, page 2, insert the following clause:

Savings provisions--amendments of sections 38 and 103 of the Copyright

Act 1968

"6.(1) The amendments of sections 38 and 103 of the Copyright Act 1968

do not affect any judicial determinations made before the day on which

this Act receives the Royal Assent.

"(2) If:

(a) on or after 23 December 1991 but before the day on which this

Act receives the Royal Assent, a person did an act that

infringed copyright, in relation to a dealing with an article,

because of section 38 or 103 of the Copyright Act 1968 as

amended by this Act; and

(b) the person did the act on the basis of a belief that, for the

purpose of the question whether the act constituted an

infringement of the kind dealt with in that section, the fact

that the person knew or ought reasonably to have known that the

making of the article constituted an infringement of copyright

was not relevant;

that section is taken to have had effect, and (to the extent necessary)

continues to have effect, in relation to the act as if the amendments of

that section made by this Act had not been made.".

Schedule 1, page 3, before the amendment of the Law Officers Act 1964,

insert the following amendments:

"Crimes Act 1914

"1A. Subsection 3C(1):

Insert:

""magistrate", in sections 3ZI, 3ZJ, 3ZK, 3ZN and 3ZW, has a meaning

affected by section 3CA;'.

1B. After section 3C:

Insert:

Nature of functions of magistrate

"3CA.(1) A function of making an order conferred on a magistrate by

section 3ZI, 3ZJ, 3ZK, 3ZN or 3ZW is conferred on the magistrate in a

personal capacity and not as a court or a member of a court.

"(2) Without limiting the generality of subsection (1), an order made

by a magistrate under section 3ZI, 3ZJ, 3ZK, 3ZN or 3ZW has effect

only by virtue of this Act and is not to be taken by implication to be

made by a court.

"(3) A magistrate performing a function of, or connected with, making

an order under section 3ZI, 3ZJ, 3ZK, 3ZN or 3ZW has the same

protection and immunity as if he or she were performing that function

as, or as a member of, a court (being the court of which the

magistrate is a member).

"(4) The Governor-General may make arrangements with the Governor of a

State, the Chief Minister of the Australian Capital Territory, the

Administrator of the Northern Territory or the Administrator of

Norfolk Island for the performance, by all or any of the persons who

from time to time hold office as magistrates in that State or

Territory, of the function of making orders under sections 3ZI, 3ZJ,

3ZK, 3ZN and 3ZW.'.

1C. Subparagraph 3ZI(1)(f)(i):

Omit "court', substitute "magistrate'.

1D. Subsection 3ZI(2):

Omit "court', substitute "magistrate'.

1E. Subsections 3ZJ(6), (7) and (9), subparagraph 3ZJ(10)(e)(ii) and

subsection 3ZJ(11):

Omit "court', substitute "magistrate'.

1F. Subsection 3ZK(4):

Omit the subsection.

1G. Subsection 3ZN(2), subparagraph 3ZN(3)(d)(ii) and subsection 3ZN(4):

Omit "court', substitute "magistrate'.

1H. Paragraph 3ZW(1)(b):

Omit "court', substitute "magistrate'.

1J. Subsection 3ZW(1):

Omit "a court of summary jurisdiction', substitute "a magistrate'.

1K. Subsection 3ZW(2):

Omit "court' (wherever occurring), substitute "magistrate'.".

The following note is inserted at end of bill:

"NOTE ABOUT SECTION HEADING

1. On the commencement of item 1K of Schedule 1 to this Act, the

heading to section 3ZW of the Crimes Act 1914 is altered by

omitting "Court of summary jurisdiction' and substituting

"Magistrate'.".

Schedule 1, page 5, item 12, omit the item.

Bill, as amended, agreed to.

Bill to be reported with amendments.

The Acting Deputy President (Senator Zakharov) resumed the Chair and the

Temporary Chairman of Committees (Senator Colston) reported accordingly.

On the motion of Senator McMullan the report from the committee was

adopted and the bill read a third time.