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Magistrates Court (Civil Division) Amendment Act 1993
An Act to amend the Magistrates Court (Civil Division) Act 1992
[Royal Assent 23 November 1993]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Magistrates Court (Civil Division) Amendment Act 1993 .
(1) This Act , except section 6 , 3 commences on the 5 day on which it receives the Royal Assent.(2) Section 6 commences on the day on which the Magistrates Court (Civil Division) Act 1992 commences.
In this Act, the Magistrates Court (Civil Division) Act 1992 is referred to as the Principal Act.The amendment effected by this section has been incorporated into the authorised version of the Magistrates Court (Civil Division) Act 1992 .The amendment effected by this section has been incorporated into the authorised version of the Magistrates Court (Civil Division) Act 1992 .
The Acts specified in Schedule 1 are amended in the manner specified in that Schedule.
SCHEDULE 1 - Amendment of ActsSupreme Court Civil Procedure Act 1932[Commences: 30 March 1998]
1. Section 9(6) is amended by omitting "a Court of Requests or Court of General Sessions is removed into the Supreme Court in pursuance of the Local Courts Act 1896 " and substituting "the Magistrates Court (Civil Division) is transferred to the Supreme Court under the Magistrates Court (Civil Division) Act 1992 ".Railway Management Act 1935
1. Section 76 is amended as follows:Married Women's Property Act 1935(a) by omitting from subsection (1) "summons under the Local Courts Act 1896 , as the case may be, shall give to" and substituting "writ commencing the action under the Magistrates Court (Civil Division) Act 1992 , gives";(b) by omitting " Local Courts Act 1896 , a Commissioner as defined by that Act." from the definition of judge in subsection (2) and substituting " Magistrates Court (Civil Division) Act 1992 , a magistrate.".
1. Section 1A is repealed and the following section is substituted:In this Act, magistrate means a magistrate sitting as the Magistrates Court (Civil Division).
2. Section 7A is amended as follows:(a) by omitting from subsection (5) " Local Courts Act 1896 " and substituting " Magistrates Court (Civil Division) Act 1992 ";(b) by omitting subsection (6) .
3. Section 10A(1)(b) is amended by omitting "commissioner" second occurring and substituting "magistrate ".
4. Section 8 is amended as follows:Magistrates Court (Small Claims Division) Act 1989(a) by omitting from section 8(1) "commissioner" and substituting "magistrate";(b) by omitting from section 8(2) "commissioner" and substituting "magistrate";(c) by omitting from section 8(3) "commissioner" and substituting "magistrate";(d) by omitting from section 9(1) "commissioner" and substituting "magistrate";(e) by omitting from section 9(2) "commissioner" and substituting "magistrate";(f) by omitting from section 9(5) "commissioner" and substituting "magistrate";(g) by omitting from section 10(1) "commissioner" and substituting "magistrate";(h) by omitting from section 10(2) "commissioner" and substituting "magistrate";(i) by omitting from section 10(3) "commissioner" four times occurring and substituting "magistrate";(j) by omitting from section 10A(1)(a) "commissioner" and substituting "magistrate";(k) by omitting from section 10A(1)(b) "commissioner" first occurring and substituting "magistrate".
1. Section 29(8) is amended by omitting " subsection (3)(a) " and substituting "this section".Legal Assistance Act 1962
1. Section 3(1) is amended by omitting paragraph (b) from the definition of court and substituting:Law of Animals Act 1962(b) the Magistrates Court (Civil Division);
1. Section 8(1) is amended by omitting " Local Courts Act 1896 " and substituting " Magistrates Court (Civil Division) Act 1992 ".Land Valuation Act 1971
1. Section 29 is amended by omitting subsection (3) and substituting the following subsection:Land Titles Act 1980(3) Every magistrate appointed under the Magistrates Court Act 1987 is a Commissioner of the court.
1. Section 61(1) is amended by omitting paragraph (b) and substituting the following paragraph:Land and Income Taxation Act 1910(b) a writ enforcing a judgment or order issued under the Magistrates Court (Civil Division) Act 1992 ; or
1. Section 141 is amended as follows:(a) by omitting " Local Courts Act 1896 " and substituting " Magistrates Court (Civil Division) Act 1992 ";(b) by omitting "commissioner" and substituting "magistrate".
2. Section 142 is amended by omitting " Local Courts Act 1896 , and the rules of practice" and substituting " Magistrates Court (Civil Division) Act 1992 and the Rules of Court made".
3. Section 144 is amended by omitting " Local Courts Act 1896 " and substituting " Magistrates Court (Civil Division) Act 1992 , and the Rules of Court made under that Act,".Justices Act 1959
1. Section 92A is amended as follows:Jury Act 1899(a) by omitting from subsection (1) "a convenient court under the Local Courts Act 1896 " and substituting "the Magistrates Court (Civil Division)";(b) by omitting from subsection (2) "court whose registrar has received it" and substituting "Magistrates Court (Civil Division)".
1. Section 61(1) is amended by omitting paragraph (b) .Fire Damage Relief Act 1967
1. Section 9(3)(a)(iv) is amended by omitting "by the Sheriff under a writ of fieri facias, a bailiff of a court held under the Local Courts Act 1896 or the Mining Act 1929 under a" and substituting "by a Sheriff under a writ of fieri facias, a bailiff under the Magistrates Court (Civil Division) Act 1992 or the Mining Act 1929 under a".Evidence Act 1910
1. Section 3(1) is amended by omitting "and includes a commissioner appointed under the Local Courts Act 1896 ," from the definition of judge .
2. Section 6 is amended as follows:(a) by omitting "any court held under the Local Courts Act 1896 before a commissioner," from the definition of court and substituting "the Magistrates Court (Civil Division)";(b) by omitting "a commissioner appointed under the Local Courts Act 1896 ," from the definition of judge and substituting "a magistrate".
3. Section 26(2) is amended by omitting "any court under the Local Courts Act 1896 " and substituting "the Magistrates Court (Civil Division)".Disposal of Uncollected Goods Act 1968
1. Section 8(2) is amended by omitting " Local Courts Act 1896 " and substituting " Magistrates Court (Civil Division) Act 1992 ".Contractors' Debts Act 1939
1. Section 2 is amended by omitting the definition of original proceeding and substituting the following definition:Bills of Sale Act 1900original proceeding includes any process in a court by which an action for debt may be commenced;
1. Section 17 is amended by omitting "commissioner or chairman of any court held under the Local Courts Act 1896 in which an action could be brought" and substituting "Magistrates Court (Civil Division) if an action may be brought in that court".