Resumed from an earlier stage of the sitting. The Deputy Chair of Committees (Hon Matthew Swinbourn) in the chair; Hon Sue Ellery (Leader of the House) in charge of the bill.

Postponed clause 8: Schedule 1 clause 9 amended —

Resumed from an earlier stage of the sitting on the amendment moved by Hon Alison Xamon.

Hon ALISON XAMON: In relation to my amendment 1/8, I seek leave to substitute the words to be inserted with the following words as contained in supplementary notice paper 23, issue 4.

Amendment (insertion of words), by leave, withdrawn. Hon ALISON XAMON: I move —

Page 5, in place of deleted lines 10 to 15 — To substitute —

(1) In Schedule 1 clause 9(2) delete paragraphs (b) and (c) and insert:

(b) a person who would, but for the fact that he or she has attained the age referred to in clause 2(2)(b), be qualified to be appointed a magistrate or an acting magistrate; or

(c) a person who is a retired magistrate but has not yet attained 70 years of age, for such period not exceeding 12 months as is specified in that instrument.

(2)  In Schedule 1 clause 9(3) delete “but the period must not extend beyond when the appointee reaches 70 years of age;”.

(3)  In Schedule 1 insert after clause 9(3):

(3A) An appointment under clause 9(2) may be extended by the Governor by instrument for a further period or periods, but that appointment can only be extended on any one occasion for such period not exceeding 12 months as is specified in the relevant instrument.

Hon SUE ELLERY: The government remains opposed to the amendment, but I appreciate the efforts by the honourable member and the Clerks to make sure that it is structurally correct.

Amendment (insertion of words) put and passed. Clause, as amended, put and passed.
Clauses 9 and 10 put and passed.
Clause 11: Section 31 deleted —

[Speeches and comments from various members]

Clause put and passed.

Title put and passed.


Bill reported, with amendments, and, by leave, the report adopted.

As to Third Reading — Standing Orders Suspension — Motion

On motion without notice by Hon Sue Ellery (Leader of the House), resolved with an absolute majority — That so much of standing orders be suspended so as to enable the bill to be read a third time forthwith.

Third Reading

Bill read a third time, on motion by Hon Sue Ellery (Leader of the House), and transmitted to the Assembly.


Portfolio Category: 
Parliamentary Type: