Nita Green (Queensland, Australian Labor Party, Assistant Minister for Tourism) Share this | Hansard source

I move:

That this bill be read a second time.

I seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

THE LAW AND JUSTICE LEGISLATION AMENDMENT (NEW SOUTH WALES LOCAL COURT) BILL

I move that this Bill be now read a second time.

The Law and Justice Legislation Amendment (New South Wales Local Court) Bill will make consequential amendments to Commonwealth legislation arising from the passage of the Local Court and Bail Legislation Amendment Act 2025 of New South Wales.

On commencement, the New South Wales Act will replace the office of New South Wales magistrate with the office of judge of the Local Court of New South Wales.

Commonwealth law confers jurisdiction and powers on state and territory courts and judicial officers, reflecting the important role of these courts in the federal justice system.

Some federal jurisdiction and powers are conferred explicitly on magistrates, while others are excluded from magistrates and instead conferred on judges.

The amendments this Bill will make are necessary to ensure that, on commencement of the New South Wales Act, jurisdiction and powers conferred on state magistrates by Commonwealth law can continue to be validly exercised by judges of the New South Wales Local Court.

Conversely, the amendments will ensure that judges of the New South Wales Local Court will not be able to exercise federal jurisdiction and powers beyond the intended scope of their office.

The amendments will do this by providing that judges of the New South Wales Local Court are considered magistrates under Commonwealth law.

The Bill will commence at the same time as the New South Wales Act commences. The New South Wales Act will commence by Proclamation. This concurrent commencement will ensure that there is no disruption to the intended operation of Commonwealth legislation.

The Bill will have positive implications for residents of New South Wales, along with Commonwealth and New South Wales entitles involved in matters arising under Commonwealth law which rely on the New South Wales Local Court.

Given the central role that the New South Wales Local Court plays in the prosecution of offences against Commonwealth law, the Bill is of critical importance to stakeholders involved in law enforcement and prosecution.

Conclusion

This Bill will ensure that the New South Wales Local Court can continue to perform its important role in the federal justice system, dealing with a range of matters under Commonwealth law including both civil and criminal proceedings.

I commend the Bill to the Chamber.