150Savings and transitionals

150 Savings and transitionals (1) Schedule 8 contains saving and transitional provisions. (2) The provisions contained in Schedule 8 are subject to any contrary intention appearing in the **Magistrates' Court (Consequential Amendments) Act 1989**. Pt 9 (Heading and ss 151–154) inserted by No. 11/2020 s. 38, amended by No. 27/2020 ss 13, 14, repealed by No. 51/1989 s. 154 (as amended by No. 27/2020 s. 14). Schedules Sch. 1 (Heading) amended by No. 29/2015 s. 85(1). Schedule 1—Salaries, allowances and other conditions of service of magistrates Part 1—Magistrates Sch. 1 Pt 1 cl. 1 amended by Nos 64/1990 s. 20(Sch. item 4.3(a)(i)(ii)), 22/1995 s. 27(a)(i)(ii), 4/2002 s. 12(4)(a), substituted by No. 38/2004 s. 14(1)(a), amended by No. 29/2015 s. 85(2), 1/2022 s. 23(1). 1. The Chief Magistrate who is or has been a dual commission holder as a Judge of the Supreme Court is entitled to be paid a salary at the rate for the time being applicable under the **Judicial Entitlements Act 2015**. Sch. 1 Pt 1 cl. 1A inserted by No. 1/2022 s. 23(2). 1A. The Chief Magistrate who has been a dual commission holder as a judge of the County Court under the **County Court Act 1958** is entitled to be paid a salary at the rate for the time being applicable under the **Judicial Entitlements Act 2015**. Sch. 1 Pt 1 cl. 2 amended by Nos 64/1990 s. 20(Sch. item 4.3(b)), 22/1995 s. 27(b), 4/2002 s. 12(4)(a), 31/2004 s. 7(1), 38/2004 s. 14(1)(b), 63/2013 s. 78(1), substituted by No. 29/2015 s. 85(3). 2. A Deputy Chief Magistrate is entitled to be paid a salary at the rate for the time being applicable under the Judicial Entitlements Act 2015. Sch. 1 Pt 1 cl. 3 amended by Nos 64/1990 s. 20(Sch. item 4.3(c)), 22/1995 s. 27(c), 4/2002 s. 12(4)(a), 31/2004 s. 7(2), 38/2004 s. 14(1)(c), 63/2013 s. 78(2), substituted by No. 29/2015 s. 85(4). 3. A magistrate, not being the Chief Magistrate or a Deputy Chief Magistrate is entitled to be paid a salary at the rate for the time being applicable under the Judicial Entitlements Act 2015. See section 5 of the **Judicial Entitlements Act 2015** for the rates of salaries, including pro-rata salaries of magistrates to whom a part-time service arrangement applies. Sch. 1 Pt 1 cl. 4 amended by No. 64/1990 s. 20(Sch. item 4.3(d) (i)–(iv)), substituted by No. 22/1995 s. 27(d), amended by No. 4/2002 s. 12(4)(b), substituted by Nos 38/2004 s. 14(1)(d), 29/2015 s. 85(5). 4. The Chief Magistrate, each Deputy Chief Magistrate and each other magistrate is entitled to the allowances and the other conditions of service for that office that are for the time being applicable under the **Judicial Entitlements Act 2015**. Sch. 1 Pt 1 cl. 4A inserted by No. 3/2016 s. 19. 4A. Subject to clause 4B, a magistrate, other than the Chief Magistrate, is entitled to have superannuation contributions made for the benefit of the magistrate to an RSA within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth or a complying superannuation fund within the meaning of that Act that are calculated by multiplying the salary of the magistrate by the applicable multiplier. Sch. 1 Pt 1 cl. 4B inserted by No. 3/2016 s. 19. 4B. Clause 4A does not apply if the magistrate is, or is taken to be, a member of the new scheme or the revised scheme under the State Superannuation Act 1988. Sch. 1 Pt 1 cl. 4C inserted by No. 3/2016 s. 19. 4C. In clause 4A— ***applicable multiplier*** means the number specified as the charge percentage under section 19(2) of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, as in force from time to time, for the relevant period, divided by 100; ***salary*** includes the car allowance for magistrates provided for in certificate 1/2008 dated 14 July 2008 issued under section 15 of the **Judicial Remuneration Tribunal Act 1995** (as continued in operation under section 43 of the **Judicial Entitlements Act 2015**). Sch. 1 Pt 1 cl. 5 amended by No. 64/1990 s. 20(Sch. item 4.3(e) (i)–(vii)), repealed by No. 22/1995 s. 27(e), Pt 1 cl. 5 inserted by No. 83/2008 s. 11(1), repealed by No. 29/2015 s. 85(6). Sch. 1 Pt 1 cl. 6 amended by No. 64/1990 s. 20(Sch. item 4.3(f)), repealed by No. 22/1995 s. 27(e), Pt 1 cl. 6 inserted by No. 83/2008 s. 11(1), repealed by No. 29/2015 s. 85(6). Sch. 1 Pt 1 cl. 7 amended by No. 64/1990 s. 20(Sch. item 4.3(f)), repealed by No. 22/1995 s. 27(e) Pt 1 cl. 7 inserted by No. 83/2008 s. 11(1), repealed by No. 29/2015 s. 85(6). Sch. 1 Pt 1 cl. 8 repealed by No. 22/1995 s. 27(e), Pt 1 cl. 8 inserted by No. 83/2008 s. 11(1), repealed by No. 29/2015 s. 85(6). Sch. 1 Pt 1 cl. 9 amended by Nos 22/1995 s. 27(f), 31/2004 s. 7(3), 63/2013 s. 78(3), 29/2015 s. 85(7). 9. Nothing in this Part authorises the salaries or the aggregate value of the allowances payable to the Chief Magistrate, a Deputy Chief Magistrate and the other magistrates to be reduced. Sch. 1 Pt 1 cl. 9A inserted by No. 83/2008 s. 11(2), repealed by No. 29/2015 s. 85(6). Sch. 1 Pt 1 cl. 10 amended by Nos 64/1990 s. 20(Sch. item 4.3(g)), 22/1995 s. 27(g), substituted by No. 1/2000 s. 5(1). 10. The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— Sch. 1 Pt 1 cl. 10(a) amended by Nos 83/2008 s. 11(3), 29/2015 s. 71. (a) the amounts (including the amount of any non‑salary benefits) payable to or for a magistrate; and Sch. 1 Pt 1 cl. 10(b) amended by No. 67/2013 s. 649(Sch. 9 item 24(2)(a)). (b) premiums and other amounts payable under the **Workplace Injury Rehabilitation and Compensation Act 2013** in respect of the magistrates; and Sch. 1 Pt 1 cl. 10(c) substituted by No. 26/2007 s. 114(1). (c) superannuation contributions (within the meaning of the **Payroll Tax Act 2007**) payable in respect of the magistrates; and Sch. 1 Pt 1 cl. 10(d) substituted by No. 26/2007 s. 114(1). (d) payroll tax payable under the **Payroll Tax Act 2007** payable in respect of wages paid or payable to the magistrates; and (e) tax payable under the Fringe Benefits Tax Act1986 of the Commonwealth in respect of fringe benefits provided to the magistrates. Sch. 1 Pt 1 cl. 10A inserted by No. 83/2008 s. 11(4), repealed by No. 29/2015 s. 85(6). Sch. 1 Pt 1 cl. 10B inserted by No. 83/2008 s. 11(4), repealed by No. 29/2015 s. 85(6). Sch. 1 Pt 1 cl. 10C inserted by Nos 83/2008 s. 11(4), 29/2015 s. 71(2), amended by No. 29/2015 s. 85(8). 10C. In clause 10, ***non-salary benefits*** has the same meaning as it has in clause 3(5) and (6) of Schedule 1A to the **Public Administration Act 2004**. Sch. 1 Pt 2 (Heading and cls 11, 12) amended by Nos 64/1990 s. 20(Sch. item 4.3(g)), 1/2000 ss 5(2), 6, 4/2002 s. 12(4)(c), 38/2004 s. 14(2), 3/2005 s. 12, 26/2007 s. 114(2), 83/2008 s. 12, substituted by No. 5/2013 s. 39. Part 2—Reserve magistrates Sch. 1 Pt 2 cl. 11 substituted by No. 5/2013 s. 39. Sch. 1 Pt 2 cl. 11 (Heading) amended by No. 29/2015 s. 86(1). **11 Salary, allowances and other conditions of service of reserve magistrate** Sch. 1 Pt 2 cl. 11(1) substituted by No. 29/2015 s. 86(2). (1) Each reserve magistrate engaged to undertake the duties of a magistrate under section 9C is entitled to be paid a salary in accordance with the rate for the time being applicable for that office under the **Judicial Entitlements Act 2015**. Sch. 1 Pt 2 cl. 11(2) substituted by No. 29/2015 s. 86(2). (2) Each reserve magistrate engaged to undertake the duties of a magistrate under section 9C is entitled to the allowances and other conditions of service for that office that are for the time being applicable under the **Judicial Entitlements Act 2015**. Sch. 1 Pt 2 cl. 11(3)–(9) repealed by No. 29/2015 s. 86(3). Sch. 1 Pt 2 cl. 11(9A) inserted by No. 63/2013 s. 47, amended by No. 29/2015 s. 86(4). (9A) Despite subclause (1), a reserve magistrate who is also a serving magistrate of a court of another State, the Northern Territory or the Australian Capital Territory is not entitled to be paid a salary under this section if that person receives a salary in relation to his or her office in that other State or Territory. Sch. 1 Pt 2 cl. 11(10) repealed by No. 29/2015 s. 86(3). Sch. 1 Pt 2 cl. 11A inserted by No. 3/2016 s. 20. **11A Superannuation contributions** (1) Subject to subclause (2), a reserve magistrate is entitled to have superannuation contributions made for the benefit of the reserve magistrate to an RSA within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth or a complying superannuation fund within the meaning of that Act that are calculated by multiplying the salary of the reserve magistrate by the applicable multiplier. (2) Subclause (1) does not apply if the reserve magistrate is, or is taken to be, a member of the new scheme or the revised scheme under the **State Superannuation Act 1988**. (3) In subclause (1)— ***applicable multiplier*** means the number specified as the charge percentage under section 19(2) of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, as in force from time to time, for the relevant period, divided by 100. Sch. 1 Pt 2 cl. 12 substituted by No. 5/2013 s. 39, amended by No. 29/2015 s. 72 (ILA s. 39B(1)). **12 Appropriation of certain amounts in relation to reserve magistrates** (1) The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— (a) the amounts (including the amount of any non-salary benefits) payable to or for any reserve magistrate; and Sch. 1 Pt 2 cl. 12(b) amended by No. 67/2013 s. 649(Sch. 9 item 24(2)(b)). (b) premiums and other amounts payable under the **Workplace Injury Rehabilitation and Compensation Act 2013** in respect of any reserve magistrate; and (c) payroll tax payable under the **Payroll Tax Act 2007** in respect of wages paid or payable to any reserve magistrate; and (d) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to any reserve magistrate; and (e) superannuation contributions within the meaning of the **Payroll Tax Act 2007** payable in respect of any reserve magistrate. Sch. 1 Pt 2 cl. 12(2) inserted by No. 29/2015 s. 72. (2) In this clause, ***non-salary benefits*** has the same meaning as it has in clause 3(5) and (6) of Schedule 1A to the **Public Administration Act 2004**. Sch. 1 Pt 3 (Heading and cl. 13) inserted by No. 3/2016 s. 21. Part 3—Validation of past payments Sch. 1 Pt 3 cl. 13 inserted by No. 3/2016 s. 21. 13 Validation of certain past superannuation payments (1) Subject to subclause (3), this clause applies to the following persons who hold or held the relevant specified office during the validation period or during any part of the validation period— (a) a magistrate other than the Chief Magistrate; (b) a reserve magistrate; (c) a person who was an acting magistrate appointed under section 9 as in force immediately before its repeal by the **Courts Legislation Amendment (Reserve Judicial Officers) Act 2013**; (d) a coroner appointed under section 94 of the **Coroners Act 2008**; (e) a judicial registrar. (2) Any superannuation contribution made for the benefit of a person to whom this clause applies during the validation period or during any part of the validation period, (as the case requires) which was determined by multiplying the salary of the person during the relevant period by the applicable multiplier for that period is taken to be, and to have always been— (a) a validly made superannuation contribution for the benefit of that person to which that person was entitled; and (b) authorised by law to be paid from the Consolidated Fund. (3) This clause does not apply to a person referred to in subclause (1)(a) to (e) if the person is, or is taken to be, a member of the new scheme or the revised scheme under the **State Superannuation Act 1988**. (4) In this clause— ***applicable multiplier*** means the number specified as the charge percentage under section 19(2) of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, as in force from time to time, for the relevant period, divided by 100; ***commencement date*** means the day that section 21 of the **Justice Legislation Further Amendment Act 2016** comes into operation; ***salary*** includes the car allowance for magistrates provided for in certificate 1/2008 dated 14 July 2008 issued under section 15 of the **Judicial Remuneration Tribunal Act 1995** (as continued in operation under section 43 of the **Judicial Entitlements Act 2015**), to the extent that a person to whom this clause applies is entitled to such an allowance; ***validation period*** means the period from 1 January 1994 to the commencement date. Sch. 2 amended by Nos 34/1990 s. 4(Sch. 3 item 19), 12/1993 s. 5(b), 33/1994 s. 19, 64/1996 s. 39, 35/1999 s. 36(1), 35/2002 ss 20, 21, 12/2006 s. 175, 50/2006 s. 26, 36/2007 s. 5, 8/2008 s. 15, 52/2008 s. 255, repealed by No. 7/2009 s. 427(2) (as amended by No. 68/2009 s. 54(m)). Sch. 3 repealed by No. 33/1994 s. 27(4). Sch. 4 repealed.[[13]](#endnote-14) Sch. 5 repealed.[[14]](#endnote-15),[[15]](#endnote-16) Sch. 6 amended by Nos 34/1990 s. 4(Sch. 3 item 23), 35/1996 s. 453(Sch. 1 item 53.9), 48/1997 s. 66(3)(4), 10/1999 ss 13–15, 48/2006 s. 42(Sch. item 22.9), repealed by No. 7/2009 s. 427(2) (as amended by No. 68/2009 s. 54(m)). Sch. 7 repealed.[[16]](#endnote-17), [[17]](#endnote-18) Schedule 8—Savings and transitionals 1 (1) The Magistrates' Court shall be deemed to be the same Court as the several Magistrates' Courts existing immediately before the commencement of Part 2 and no action, matter or thing shall be abated or affected by the change in the establishment or name of the Court. (2) Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a Magistrates' Court or to Magistrates' Courts is to be taken to refer to the Magistrates' Court. (3) Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a Magistrates' Court held at a particular place is to be taken to refer to the Magistrates' Court sitting at that place or, if the Magistrates' Court does not sit at that place, to the Court sitting at the place that is nearest to that place. 2 (1) Each person who holds office as a magistrate immediately before the commencement of Part 2 holds office as a magistrate under and subject to this Act on and from that commencement without any further appointment. (2) Each person who holds office as Chief Magistrate or Deputy Chief Magistrate immediately before the commencement of Part 2 holds office as Chief Magistrate or Deputy Chief Magistrate (as the case requires) under and subject to this Act on and from that commencement without any further appointment. (3) Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a police magistrate or to a stipendiary magistrate is to be taken to refer to a magistrate. 3 (1) Each person who holds office as a clerk of a Magistrates' Court immediately before the commencement of Part 3 holds office as a registrar of the Court under and subject to this Act and the **Public Service Act 1974** on and from that commencement without any further appointment. (2) Each person who holds office as a deputy clerk of a Magistrates' Court immediately before the commencement of Part 3 holds office as a deputy registrar of the Court under and subject to this Act and the **Public Service Act 1974** on and from that commencement without any further appointment. (3) Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a clerk of a Magistrates' Court is to be taken to refer to a registrar of the Court. (4) Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a deputy clerk of a Magistrates' Court is to be taken to refer to a deputy registrar of the Court. Sch. 8 cl. 4 amended by No. 69/2009 s. 54(Sch. Pt 1 item 34.11). 4 Unless the context otherwise requires, any reference in any Act (other than this Act, the **Evidence Act 2008** or the **Evidence (Miscellaneous Provisions) Act 1958**) or in any subordinate instrument to a justice of the peace is to be taken to refer to a magistrate. 5 If by any Act (other than this Act) or by any subordinate instrument a procedure is prescribed for or in relation to any proceeding in the Court or for or in relation to any step or process in such a proceeding and there is prescribed by this Act or the Rules a procedure that is applicable to such a proceeding or step or process, the procedure prescribed by this Act or the Rules applies despite the provisions of that Act or subordinate instrument. 6 A civil proceeding in the Court must, despite anything in any Act or subordinate instrument, be commenced and conducted in accordance with the Rules and not otherwise. 7 A criminal proceeding in the Court must, despite anything in any Act or subordinate instrument, be commenced and conducted in accordance with this Act and not otherwise. 8 An order made by the Court in a civil proceeding (other than an order made under the **Imprisonment of Fraudulent Debtors Act 1958** or the **Judgment Debt Recovery Act 1984**) must be enforced in accordance with this Act and the Rules and not otherwise.