An Ordinance to repeal the Magistrate’s Court Ordinance 1958 and for related purposes
1 Short title [see Note 1]
This Ordinance may be cited as the Magistrate’s Court (Repeal) Ordinance 1993.
2 Commencement
This Ordinance commences on 29 June 1993.
3 Repeal
The Ordinances set out in the Schedule are repealed.
4 Interpretation
(1) In this Ordinance, unless the contrary intention appears:
Chief Clerk:
(a) means the person who held the office of Chief Clerk of the Magistrate’s Court immediately before the commencement of this Ordinance; and
(b) includes a person who was performing the duties of that office immediately before the commencement of this Ordinance.
State Court means the Court of Western Australia to which:
(a) proceedings are transferred under section 5; or
(b) the records, and any other documents, relating to completed proceedings are transferred under section 6.
5 Proceedings that are not completed
(1) As soon as practicable after the commencement of this Ordinance, the Chief Clerk must transfer all proceedings in the Magistrate’s Court to:
(a) if the proceedings relate only to a matter of a kind that is within the jurisdiction of a Court of Petty Sessions of Western Australia — the Court of Petty Sessions at Perth in Western Australia; or
(b) if the proceedings relate only to a matter of a kind that is within the jurisdiction of a Local Court of Western Australia — the Local Court at Perth in Western Australia.
(2) The State Court may:
(a) hear, or further hear, the proceedings; and
(b) determine the proceedings; and
(c) have regard to any evidence or argument in the proceedings in the Magistrate’s Court.
(3) If proceedings are transferred to a State Court:
(a) all records, and other documents filed in the Magistrate’s Court, that relate to the proceedings are to be transmitted to the State Court; and
(b) any money lodged with the Magistrate’s Court in relation to the proceedings is to be transferred to the State Court and is taken to be money lodged with the State Court in relation to the proceedings; and
(c) everything done in relation to the proceedings in the Magistrate’s Court is taken to have been done in the State Court.
6 Completed proceedings
(1) As soon as practicable after the commencement of this Ordinance, the Chief Clerk must give to the Administrator:
(a) the records of all completed proceedings of the Magistrate’s Court; and
(b) any other document relating to those proceedings that is filed in that Court.
(2) The Administrator must make the records, and other documents, relating to completed proceedings available to:
(a) if the completed proceedings relate only to a matter of a kind that is within the jurisdiction of a Court of Petty Sessions of Western Australia — the Court of Petty Sessions at Perth in Western Australia; or
(b) if the completed proceedings relate only to a matter of a kind that is within the jurisdiction of a Local Court of Western Australia — the Local Court at Perth in Western Australia.
(3) Everything done in relation to completed proceedings in the Magistrate’s Court is taken to have been done in the relevant State Court.