It updates a set of Commonwealth laws so that judges of the Local Court of New South Wales (the NSW Local Court) can lawfully perform functions that Commonwealth statutes currently assign to “magistrates” of New South Wales. The change is consequential on a NSW law that re‑titled or restructured the State’s magistrates as Judges of the Local Court of New South Wales.
It does this by amending 15 Commonwealth Acts (for example, the Bankruptcy Act 1966, Customs Act 1901, Extradition Act 1988, Marriage Act 1961, Mutual Assistance in Criminal Matters Act 1987, and others) and by adding new provisions that allow the Governor‑General to make written arrangements with the Governor of New South Wales so Local Court judges can perform specified Commonwealth magistrate functions (see Schedule 1, various items; and the transitional arrangements in Part 2, items 29–30).
The Act also inserts some limiting language in those Commonwealth Acts so that NSW Local Court judges only have federal powers where an appropriate arrangement is in force, and so that the reach of federal functions aligns with the intended scope of the Local Court office (see the new arrangement provisions in items such as Bankruptcy (item 4–5), Customs (items 6–9), Extradition (items 12–13), Marriage (items 21–24) and others).
Who is affected
Judges and acting judges of the NSW Local Court: they are now explicitly capable of performing certain Commonwealth magistrate functions when an arrangement is made between the Governor‑General and the Governor of New South Wales (Schedule 1, multiple items).
The Law and Justice Legislation Amendment (New South Wales Local Court) Act 2026, assented to on 5 March 2026 as Act No. 4 of 2026, updates fifteen Commonwealth Acts to reflect the restructure of the New South Wales Local Court under the Local Court and Bail Legislation Amendment Act 2025 (NSW). Schedule 1 Part 1 contains the main amendments while Part 2 sets out transitional rules that preserve existing arrangements. Item 1 amends section 16BA of the Acts Interpretation Act 1901 by inserting reference to the Local Court of New South Wales or of an acting Judge of that court. Item 2 makes the same insertion into subsection 16C(3) of the same Act. Items 3 to 5 amend the Bankruptcy Act 1966: the definition of magistrate in subsection 5(1) gains a new paragraph (aa) covering Judges of the Local Court of New South Wales subject to an arrangement under subsection 17B(1A); the heading of section 17B changes from Northern Territory to certain; and subsection 17B(1A) authorises the Governor-General to arrange with the Governor of New South Wales for Local Court Judges to perform magistrate functions under that Act. Items 6 to 9 amend the Customs Act 1901: paragraph (b) of the definition of Division 1B Magistrate in subsection 4(1) now excludes New South Wales; a new paragraph (ba) adds Judges of the Local Court of New South Wales under an arrangement under subsection 11(1A); subsection 11(1A) empowers the Governor-General to make such arrangements; and subsection 219ZL(3AA) grants Judges or acting Judges of the Local Court the same protection and immunity as the court itself when issuing warrants or orders under Part XII. Item 10 inserts the Local Court of New South Wales into the definition of magistrate in section 528 of the Environment Protection and Biodiversity Conservation Act 1999. Item 11 makes the identical insertion into the definition of magistrate in section 107AA of the Excise Act 1901. Items 12 and 13 amend the Extradition Act 1988: the definition of magistrate in section 5 gains paragraph (ba) for Judges or acting Judges of the Local Court subject to an arrangement under section 46; and paragraph 46(1)(aa) authorises arrangements with the Governor of New South Wales. Item 14 adds the Local Court of New South Wales to the definition of magistrates court in section 12 of the Fair Work Act 2009. Item 15 inserts the Local Court of New South Wales into paragraph 7(a) of the High Court of Australia Act 1979. Item 16 inserts the same reference into the definition of Judge in subsection 3(1) of the Inspector-General of Intelligence and Security Act 1986. Items 17 to 19 amend the International War Crimes Tribunals Act 1995: paragraph (b) of the definition of magistrate in section 4 excludes New South Wales; new paragraph (ba) covers Local Court Judges or acting Judges under an arrangement under section 82; and subsection 82(3A) treats references to State magistrates as references to Local Court Judges for New South Wales purposes. Item 20 inserts the Local Court of New South Wales into paragraph (b) of the definition of Commonwealth or State judicial officer in section 7 of the Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012. Items 21 to 24 amend the Marriage Act 1961: paragraph (b) of the definition of Judge in subsection 5(1) excludes Judges or acting Judges of the Local Court of New South Wales; the definition of magistrate gains paragraph (aa) for Local Court Judges or acting Judges under an arrangement under section 9; paragraph (b) of that definition is replaced to cover Territory judicial officers; and subsection 9(1A) authorises arrangements with the Governor of New South Wales. Items 25 and 26 amend the Mutual Assistance in Criminal Matters Act 1987: paragraph (a) of the definition of Magistrate in subsection 3(1) excludes New South Wales; new paragraph (aaa) covers Local Court Judges or acting Judges under an arrangement under section 39. Item 27 inserts the Local Court of New South Wales into subsection 112(5) of the National Anti-Corruption Commission Act 2022. Item 28 inserts the same reference into paragraph 4(6)(b) of the Royal Commissions Act 1902. Part 2 items 29 and 30 provide application and transitional rules that continue prior arrangements made with New South Wales magistrates as if they had been made with Local Court Judges.
Official source available
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Consequential on the commencement of the Local Court and Bail Legislation Amendment Act 2025 (NSW), the bill amends 15 Acts to ensure that jurisdiction and powers conferred on New South Wales magistrates by Commonwealth law can continue to be validly exercised by judges of the Local Court of New South Wales and that judges of the Local Court of New South Wales will not be able to exercise federal jurisdiction and powers beyond the intended scope of their office.
Parliamentary progress
Progress
House of Representatives
Introduced and read a first time
04 Feb 2026
Second reading moved
04 Feb 2026
Second reading debate
10 Feb 2026
Referred to Federation Chamber
10 Feb 2026
Second reading debate
10 Feb 2026
Second reading agreed to
10 Feb 2026
Reported from Federation Chamber
11 Feb 2026
Third reading agreed to
11 Feb 2026
Senate
Introduced and read a first time
02 Mar 2026
Second reading moved
02 Mar 2026
Second reading debate
02 Mar 2026
Second reading agreed to
02 Mar 2026
Third reading agreed to
02 Mar 2026
Finally passed both Houses
02 Mar 2026
Assent
Act no: 4
Year: 2026
05 Mar 2026
Notes
Documents and transcripts
Text of bill
First reading
As passed by both Houses
Explanatory memoranda
Explanatory memorandum
Transcript of speeches
All second reading speeches
Minister's second reading speech
Proposed amendments
No proposed amendments have been circulated.
Commonwealth agencies and officers that rely on State magistrates to exercise federal powers (for example, customs officers, bankruptcy registrars, marriage registrars, extradition officials): they will deal with Local Court judges in place of the former category of State magistrates in NSW where arrangements are in force.
Litigants and members of the public in NSW whose matters require a Commonwealth magistrate function (warrants, certain orders, marriages, extradition committals, mutual assistance tasks): the body before which those federal functions are exercised will be the Local Court judge when an arrangement applies.
State and Commonwealth executives: the Governor‑General and the Governor of New South Wales must make and record the arrangements required by the amended Commonwealth laws (see transitional Part 2, item 30(2)–(3)).
Why it matters (official purpose, and what that implies practically)
Officially the Act is consequential on NSW’s Local Court changes: it preserves continuity so Commonwealth powers that used to be exercisable by NSW magistrates remain exercisable by the corresponding State judicial officers after the State law change. That is the stated purpose; mechanically the Act maps references to State magistrates onto Judges (and acting Judges) of the NSW Local Court, subject to written arrangements between the Governors (Schedule 1, many items).
Practical implications and trade‑offs:
Continuity: existing federal processes that rely on State magistrates (e.g. issuing warrants, conducting committals, registering bankruptcies, officiating marriages under Commonwealth rules) continue to function in NSW without needing wholesale rework of Commonwealth instruments.
Executive coordination: the Governor‑General must enter written arrangements with the Governor of New South Wales to enable the transfer of functions to Local Court judges. That is an executive decision, not a legislative automaticity (see Schedule 1 insertion of new arrangement powers and Part 2 items 30(2)–(3)).
Legal clarity vs administrative work: the amendments are largely technical and repetitive across Acts, so they reduce future legal uncertainty about who in NSW can perform federal magistrate roles, but they require formal arrangements and publication in the Gazette (Part 2, item 30(3)).
Costs, incentives and risks
Who pays: there is no new private fee or regulatory charge in the text. Administrative costs fall on Commonwealth and NSW executive agencies (preparing, publishing and managing arrangements; updating forms, procedures and systems to reflect the office titles). Courts and prosecuting agencies may incur transition costs (training, process changes) to reflect the new office names.
Incentives and behaviour changes: Commonwealth agencies will start to direct federal magistrate functions in NSW to Local Court judges once arrangements are in force. NSW will decide, via its Governor, which Local Court judges are to be included in those arrangements; the Governor‑General must agree. That centralises the decision within executives rather than leaving it to ad hoc practice.
Legal and implementation risks:
Timing risk: the provisions commence only in step with the NSW reform (the Act’s commencement is tied to the NSW item’s commencement), so there is a coordination requirement (see Commencement and Part 2).
Uncertainty about scope of arrangements: the Act leaves the content and coverage of the Governor‑General/State Governor arrangements to executive negotiation and writing; different Acts require arrangements for different functions which may create sequencing or coverage gaps until arrangements are finalised.
Litigation risk is moderated: the Act contains continuity clauses that preserve existing arrangements made for magistrates as if they were arrangements for Local Court judges (Part 2, items 30(5)–(11)) and expressly states that the validity of a function performed is not affected by absence of an arrangement covering that specific act (Part 2, item 30(4)). That reduces immediate legal exposure for past acts.
Net effect on private parties and markets
The Act is primarily administrative and institutional: it does not alter substantive substantive legal standards, taxes, remedies, or private property rights. Its main market effect is neutrality: it changes which named State judicial office exercises certain Commonwealth functions in NSW but does not change the existence or content of those federal powers.
Key provisions to look at
Arrangement powers allowing Governor‑General to make written arrangements with NSW Governor (examples: Customs Act insertion 11(1A) in Schedule 1, item 8; Bankruptcy Act subsection 17B(1A) in item 5; Extradition Act new paragraph at item 13; Marriage Act new subsection 9(1A) at item 24).
Transitional clauses preserving existing arrangements and ensuring continuity (Schedule 1, Part 2, items 29–30).
Main concepts
The central concept is continuity of federal jurisdiction following the New South Wales decision to replace magistrates with judges in the Local Court. The Act ensures that Commonwealth laws conferring functions on State magistrates continue to operate without interruption by recognising Local Court Judges as the appropriate office holders. Key mechanisms include statutory definitions that expressly include Local Court Judges or acting Judges, provisions authorising the Governor-General to enter into arrangements with the Governor of New South Wales for the performance of federal functions, and transitional clauses that treat existing magistrate arrangements as continuing in force for Local Court Judges. Another concept is protection and immunity: several amendments confer on Local Court Judges the same immunity when performing federal functions as they would have when sitting as the Local Court itself. The Act also maintains limits on scope by excluding New South Wales from certain general State magistrate definitions while creating tailored inclusions, thereby preventing unintended expansion of federal powers. Transitional provisions distinguish between arrangements that automatically continue and those that require a new written arrangement between the two Governors, with publication in the Gazette required for the latter. Application provisions confirm that amendments to the Acts Interpretation Act 1901 apply to Acts enacted before, on or after commencement. The overall framework preserves the federal-state cooperative model for judicial functions such as issuing warrants, handling extradition, bankruptcy matters, marriage celebrants, mutual assistance and royal commission processes.
Who it affects
The Act directly affects Judges and acting Judges of the Local Court of New South Wales who are authorised by arrangement to perform functions under the fifteen amended Commonwealth Acts. It also affects Commonwealth officers and agencies that rely on State judicial officers to exercise powers such as issuing search warrants under the Customs Act 1901 or the Excise Act 1901, conducting extradition proceedings under the Extradition Act 1988, registering foreign judgments or handling bankruptcy matters under the Bankruptcy Act 1966, authorising marriage celebrants under the Marriage Act 1961, and supporting mutual assistance requests under the Mutual Assistance in Criminal Matters Act 1987. Individuals and entities subject to those federal processes in New South Wales are affected because the validity of warrants, orders and decisions now rests on the updated statutory recognition of Local Court Judges. Legal practitioners appearing before the Local Court in federal matters gain certainty that the presiding Judge holds the necessary Commonwealth authority. The Governor-General and the Governor of New South Wales are affected through the formal arrangement-making process set out in multiple items. No new classes of persons are created; the changes simply substitute the correct judicial title and court name.
What people will want to know
People will want to know whether Local Court Judges can continue to issue federal warrants after the New South Wales court restructure. The Act confirms they can, provided an appropriate arrangement between the Governor-General and the Governor of New South Wales is in place. Another common question is when the changes take effect. Commencement occurs at the same time as item 1 of Schedule 1 to the Local Court and Bail Legislation Amendment Act 2025 (NSW), and the provisions do not commence at all if that item never commences. Practitioners may ask whether existing warrants or orders made by former magistrates remain valid. Transitional provisions treat prior arrangements as continuing in force for Local Court Judges, and the validity of any function performed is not affected by the absence of a new arrangement covering that specific act. Members of the public may ask whether the Act creates new powers or merely preserves existing ones. It creates no new substantive powers; it only updates the identity of the office holders who may exercise powers already conferred by the fifteen Acts. Journalists and policy analysts may ask which Acts are amended. The full list appears in Schedule 1 and covers the Acts Interpretation Act 1901, Bankruptcy Act 1966, Customs Act 1901, Environment Protection and Biodiversity Conservation Act 1999, Excise Act 1901, Extradition Act 1988, Fair Work Act 2009, High Court of Australia Act 1979, Inspector-General of Intelligence and Security Act 1986, International War Crimes Tribunals Act 1995, Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012, Marriage Act 1961, Mutual Assistance in Criminal Matters Act 1987, National Anti-Corruption Commission Act 2022 and Royal Commissions Act 1902.
Status and what happens next
The bill received royal assent on 5 March 2026 and is now Act No. 4 of 2026. It originated in the House of Representatives, passed both Houses by 2 March 2026 and was assented to three days later. No proposed amendments were circulated during its passage. The Act is fully operational once the linked New South Wales provision commences. The Minister must publish any new arrangement made under the transitional provisions in the Gazette. An electronic version of the Act is available on the Federal Register of Legislation. No further parliamentary action is required unless future amendments to the New South Wales Local Court structure necessitate additional consequential changes. Existing federal proceedings in New South Wales that rely on magistrate powers can proceed without fresh authorisation once the commencement trigger is met.
Powers, duties and rights created
The Act creates a power for the Governor-General to make written arrangements with the Governor of New South Wales so that all or any Judges of the Local Court may perform functions of a magistrate under the Bankruptcy Act 1966, Customs Act 1901, Extradition Act 1988, International War Crimes Tribunals Act 1995, Marriage Act 1961 and Mutual Assistance in Criminal Matters Act 1987. It also creates a duty on the Minister to publish copies of such arrangements in the Gazette. Judges performing federal functions receive an express statutory right to the same protection and immunity as the Local Court itself when issuing warrants or orders under the Customs Act 1901. Transitional provisions create a legal fiction that prior magistrate arrangements continue as if made for Local Court Judges, thereby preserving rights already exercised. The Act does not create new duties for private citizens or new rights of appeal; it maintains the status quo for existing federal jurisdiction. Item 29 confirms that amendments to the Acts Interpretation Act 1901 apply to all Commonwealth Acts whenever enacted, giving those interpretive rules ongoing effect.
Money, penalties and enforcement
The Act introduces no new financial appropriations, fees, charges or penalties. It contains no enforcement mechanisms, offences or pecuniary sanctions. Existing enforcement provisions in the fifteen amended Acts continue unchanged; the only alteration is the identity of the judicial officer authorised to exercise them. Transitional item 30(4) expressly states that the validity of any function performed is not affected by the absence of a covering arrangement, thereby protecting the enforceability of warrants and orders already made. No new compliance costs or reporting obligations are imposed on individuals or agencies. The only administrative step is the possible publication of a new arrangement in the Gazette, which carries no monetary consequence.
Pressure points and controversies
The principal legal trade-off lies in maintaining seamless federal jurisdiction while respecting the limits of State judicial office. By excluding New South Wales from general State magistrate definitions and creating specific inclusions tied to arrangements, the Act prevents accidental conferral of federal powers on Local Court Judges beyond the intended scope. A policy tension exists between administrative efficiency, achieved by allowing State Judges to perform federal functions, and the need for clear statutory boundaries that avoid constitutional overreach. Transitional provisions that automatically continue prior arrangements reduce disruption but require careful management to ensure every necessary arrangement is either preserved or newly executed. The requirement to publish arrangements in the Gazette introduces a transparency obligation that may affect operational timing. Because the commencement is tied to a New South Wales Act, any delay in that State legislation would postpone the federal changes, creating a potential coordination risk between jurisdictions. No new oversight or review mechanisms are added, leaving existing parliamentary and judicial scrutiny processes to operate as before.
What changes if it passes
Because the Act has already received royal assent, the changes described are now law and will apply automatically upon commencement of the linked New South Wales provision. Judges of the Local Court of New South Wales will be expressly authorised to exercise the federal functions previously performed by magistrates, removing any doubt about validity that might have arisen from the change in judicial title. Commonwealth agencies can continue to rely on Local Court Judges for warrants, extradition hearings, bankruptcy examinations and other statutory functions without legislative gap. Individuals subject to federal proceedings in New South Wales will experience no change in the identity or authority of the judicial officer handling their matter once the commencement trigger occurs. The fifteen amended Acts will contain updated definitions that reflect the current structure of the New South Wales court system. Transitional protections ensure that any action taken under an old arrangement remains valid, preserving the legal effect of past decisions. Future references in Commonwealth legislation to State magistrates will continue to operate correctly for New South Wales through the tailored drafting adopted in this Act.
Social post angles
Law and Justice Legislation Amendment (New South Wales Local Court) Bill 2026: what changes if it passes. A plain-English angle on the powers, duties and institutions the bill would create or change.
The practical question in this royal assent bill. Focus on who would need to act differently if Parliament passes it.
What the bill actually says, not the political noise. Pull out the main operational changes and point readers back to the clauses.
The compliance angle. Explain which agencies, regulated entities or decision-makers would carry new obligations.
The next-step angle. Use the bill's current status to explain what still has to happen before the changes become law.
Why this bill is worth watching. Tie the hook to: The Act received royal assent on 5 March 2026 as Act No. 4 of 2026.
Schedules of amendments
No documents at present
Notes
An electronic version of this Act is available on the Federal Register of Legislation (www.legislation.gov.au)
Law and Justice Legislation Amendment (New South Wales Local Court) Act 2026
No. 4, 2026
An Act to deal with consequential and transitional matters arising from the enactment of the Local Court and Bail Legislation Amendment Act 2025 of New South Wales, and for other purposes
Contents
1 Short title 1
2 Commencement 2
3 Schedules 2
Schedule 1,Amendments 3
Part 1,Main amendments 3
Acts Interpretation Act 1901 3
Bankruptcy Act 1966 3
Customs Act 1901 4
Environment Protection and Biodiversity Conservation Act 1999 4
Excise Act 1901 5
Extradition Act 1988 5
Fair Work Act 2009 5
High Court of Australia Act 1979 5
Inspector‑General of Intelligence and Security Act 1986 6
International War Crimes Tribunals Act 1995 6
Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 6
Marriage Act 1961 7
Mutual Assistance in Criminal Matters Act 1987 7
National Anti‑Corruption Commission Act 2022 8
Royal Commissions Act 1902 8
Part 2,Transitional provisions 9
Law and Justice Legislation Amendment (New South Wales Local Court) Act 2026
No. 4, 2026
An Act to deal with consequential and transitional matters arising from the enactment of the Local Court and Bail Legislation Amendment Act 2025 of New South Wales, and for other purposes
[Assented to 5 March 2026]
The Parliament of Australia enacts:
1 Short title
This Act is the Law and Justice Legislation Amendment (New South Wales Local Court) Act 2026.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
The whole of this Act
At the same time as item 1 of Schedule 1 to the Local Court and Bail Legislation Amendment Act 2025 (NSW) commences.
However, the provisions do not commence at all if that item does not commence.
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1,Amendments
Part 1,Main amendments
Acts Interpretation Act 1901
1 Section 16BA
After “acting Judge, of”, insert “the Local Court of New South Wales or of”.
2 Subsection 16C(3)
After “acting Judge, of”, insert “the Local Court of New South Wales or of”.
Bankruptcy Act 1966
3 Subsection 5(1) (after paragraph (a) of the definition of magistrate)
Insert:
(aa) a person who holds office as a Judge of the Local Court of New South Wales, being a person in respect of whom an arrangement under subsection 17B(1A) applies; or
4 Section 17B (heading)
Omit “Northern Territory”, substitute “certain”.
5 After subsection 17B(1)
Insert:
(1A) The Governor‑General may arrange with the Governor of New South Wales for the performance of the functions of a magistrate under this Act by all or any of the persons who from time to time hold office as Judges of the Local Court of New South Wales.
Customs Act 1901
6 Subsection 4(1) (paragraph (b) of the definition of Division 1B Magistrate)
After “State”, insert “(other than New South Wales)”.
7 Subsection 4(1) (after paragraph (b) of the definition of Division 1B Magistrate)
Insert:
(ba) a Judge of the Local Court of New South Wales to whom an appropriate arrangement under subsection 11(1A) applies; or
8 After subsection 11(1)
Insert:
(1A) The Governor‑General may make arrangements with the Governor of New South Wales for the performance by all or any of the persons who from time to time hold office as Judges of the Local Court of that State of the functions of a Magistrate under Subdivision C of Division 1B of Part XII.
9 After subsection 219ZL(3)
Insert:
(3AA) A Judge, or acting Judge, of the Local Court of New South Wales performing a function of, or connected with, issuing a warrant or giving an order under this Part has the same protection and immunity as if he or she were performing that function as that Local Court or as a Judge of that Local Court.
Environment Protection and Biodiversity Conservation Act 1999
10 Section 528 (definition of magistrate)
After “acting Judge, of”, insert “the Local Court of New South Wales or of”.
Excise Act 1901
11 Section 107AA (definition of magistrate)
After “acting Judge, of”, insert “the Local Court of New South Wales or of”.
Extradition Act 1988
12 Section 5 (after paragraph (b) of the definition of magistrate)
Insert:
(ba) a Judge, or an acting Judge, of the Local Court of New South Wales in relation to whom an arrangement is in force under section 46; or
13 After paragraph 46(1)(a)
Insert:
(aa) arrange with the Governor of New South Wales for the performance, by all or any of the persons who from time to time hold office as Judges of the Local Court of New South Wales, of the functions of a magistrate under this Act; or
Fair Work Act 2009
14 Section 12 (after paragraph (b) of the definition of magistrates court)
Insert:
(ba) the Local Court of New South Wales; or
High Court of Australia Act 1979
15 Paragraph 7(a)
After “acting Judge of”, insert “the Local Court of New South Wales or of”.
Inspector‑General of Intelligence and Security Act 1986
16 Subsection 3(1) (paragraph (a) of the definition of Judge)
After “acting Judge of”, insert “the Local Court of New South Wales or of”.
International War Crimes Tribunals Act 1995
17 Section 4 (paragraph (b) of the definition of magistrate)
After “other than”, insert “New South Wales or”.
18 Section 4 (after paragraph (b) of the definition of magistrate)
Insert:
(ba) a Judge, or an acting Judge, of the Local Court of New South Wales in respect of whom an arrangement under section 82 is in force; or
19 After subsection 82(3)
Insert:
(3A) For the purposes of the application of this section in relation to New South Wales, references to persons who hold office as magistrates of a State are taken to be references to persons who hold office as Judges of the Local Court of New South Wales.
Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012
20 Section 7 (paragraph (b) of the definition of Commonwealth or State judicial officer)
After “acting Judge of”, insert “the Local Court of New South Wales or of”.
Marriage Act 1961
21 Subsection 5(1) (paragraph (b) of the definition of Judge)
After “applicable”, insert “(other than a Judge, or acting Judge, of the Local Court of New South Wales)”.
22 Subsection 5(1) (after paragraph (a) of the definition of magistrate)
Insert:
(aa) in relation to New South Wales,a person who holds office as a Judge, or acting Judge, of the Local Court of New South Wales and in respect of whom an appropriate arrangement in force under section 9 is applicable; and
23 Subsection 5(1) (paragraph (b) of the definition of magistrate)
Repeal the paragraph, substitute:
(b) in relation to a Territory,a person who holds office as:
(i) a Chief, Police, Stipendiary, Resident or Special Magistrate of the Territory; or
(ii) a Judge, or acting Judge, of a Local Court of the Territory.
24 After subsection 9(1)
Insert:
(1A) The Governor‑General may make arrangements with the Governor of New South Wales for the performance by all or any of the persons who from time to time hold office as Judges, or acting Judges, of the Local Court of New South Wales of all or any of the functions of a magistrate under this Act.
Mutual Assistance in Criminal Matters Act 1987
25 Subsection 3(1) (paragraph (a) of the definition of Magistrate)
After “other than”, insert “New South Wales or”.
26 Subsection 3(1) (after paragraph (a) of the definition of Magistrate)
Insert:
(aaa) a Judge, or an acting Judge, of the Local Court of New South Wales in respect of whom an arrangement under section 39 is in force; or
National Anti‑Corruption Commission Act 2022
27 Subsection 112(5)
After “acting Judge, of”, insert “the Local Court of New South Wales or of”.
Royal Commissions Act 1902
28 Paragraph 4(6)(b)
After “acting Judge, of”, insert “the Local Court of New South Wales or of”.
Part 2,Transitional provisions
29 Application provision
The amendments of the Acts Interpretation Act 1901 made by this Schedule apply in relation to Acts enacted before, on or after the commencement of this item.
30 Arrangements,transitional provisions
Arrangements in relation to the operation of this item
(1) Subitems (5) to (11) have effect only if an arrangement under subitem (2) is in force.
(2) The Governor‑General may make a written arrangement with the Governor of New South Wales that subitems (5) to (11) are to have effect.
(3) The Minister must cause to be published in the Gazette a copy of an arrangement under subitem (2).
(4) The validity of the performance of a function or duty, or the exercise of a power, is not affected by the absence of an arrangement under subitem (2) covering the performance of the function or duty or exercise of the power.
Arrangements under the Bankruptcy Act
(5) An arrangement made under subsection 17B(1) of the Bankruptcy Act 1966 between the Governor‑General and the Governor of New South Wales in relation to persons who hold office as Magistrates of New South Wales that was in effect immediately before the commencement of this subitem continues in effect (and may be dealt with) on and after that commencement as if it were an arrangement made under subsection 17B(1A) of that Act in relation to persons who hold office as Judges of the Local Court of New South Wales.
Arrangements under the Customs Act
(6) An arrangement made under paragraph 11(1)(b) of the Customs Act 1901 between the Governor‑General and the Governor of New South Wales in relation to persons who hold office as Magistrates of New South Wales that was in effect immediately before the commencement of this subitem continues in effect (and may be dealt with) on and after that commencement as if it were an arrangement made under subsection 11(1A) of that Act in relation to persons who hold office as Judges of the Local Court of New South Wales.
Arrangements under the Extradition Act
(7) If an arrangement in relation to persons who hold office as magistrates of New South Wales for the purposes of subsection 46(1) of the Extradition Act 1988 was in force immediately before the commencement of this subitem, the arrangement has effect, after that commencement, as if it had been made in relation to persons who hold office as Judges of the Local Court of New South Wales.
Arrangements under the International War Crimes Tribunals Act
(8) If an arrangement in relation to persons who hold office as magistrates of New South Wales for the purposes of section 82 of the International War Crimes Tribunals Act 1995 was in force immediately before the commencement of this subitem, the arrangement has effect, after that commencement, as if it had been made in relation to persons who hold office as Judges of the Local Court of New South Wales.
Arrangements under the Marriage Act
(9) If an arrangement in relation to persons who hold office as magistrates of New South Wales for the purposes of section 9 of the Marriage Act 1961 was in force immediately before the commencement of this subitem, the arrangement has effect, after that commencement, as if it had been made in relation to persons who hold office as Judges of the Local Court of New South Wales.
Arrangements under the Mutual Assistance in Criminal Matters Act
(10) If an arrangement in relation to persons who hold office as Magistrates of New South Wales for the purposes of subsection 39(1) of the Mutual Assistance in Criminal Matters Act 1987 was in force immediately before the commencement of this subitem, the arrangement has effect, after that commencement, as if it had been made in relation to persons who hold office as Judges of the Local Court of New South Wales.
Other arrangements to which the Commonwealth is a party
(11) If:
(a) any other arrangement was in force immediately before the commencement of this subitem; and
(b) the arrangement was made in relation to persons who held office as magistrates of New South Wales; and
(c) the Commonwealth is a party to the arrangement;
the arrangement has effect, after that commencement, as if had been made in relation to persons who hold office as Judges of the Local Court of New South Wales.
[Minister’s second reading speech made in,
House of Representatives on 4 February 2026
Senate on 2 March 2026]
(8/26)
Law and Justice Legislation Amendment (New South Wales Local Court) Bill 2026 | Zoe