Document ID: chunk:federal_register_of_legislation:C2021C00347:clause:1_101:p1
Version: federal_register_of_legislation:C2021C00347
Segment Type: clause
Provision Reference: sch 1 cl 101 (pt 1/2)
Character Range: 77541–80210

101  Action to be taken before abolition of Court of Petty Sessions

Clerk must transfer proceedings
(1) As soon as practicable after the first day on which no person holds office as a Magistrate of the Court of Petty Sessions, the Clerk of the court must transfer all proceedings in the court (including completed proceedings) to:
 (a) if the proceedings relate only to a matter of a kind that is within the jurisdiction of a court prescribed for the purposes of subitem 99(3) (the prescribed court)—the prescribed court; or
 (b) in any other case—the Supreme Court of the prescribed State or Territory.

Transfer to prescribed court of prescribed State or Territory
(2) If proceedings are transferred to the prescribed court under subitem (1):
 (a) all documents filed in the Court of Petty Sessions in the proceedings are to be transmitted to the prescribed court; and
 (b) any money lodged with the Court of Petty Sessions in relation to the proceedings:
 (i) is to be transferred to the prescribed court; and
 (ii) is taken to be money lodged with the prescribed court in relation to the proceedings; and
 (c) everything done in or in relation to the proceedings in the Court of Petty Sessions is taken to have been done in the prescribed court.
(3) If proceedings transferred to the prescribed court under subitem (1) are not completed before the transfer, the prescribed 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 Court of Petty Sessions.

Transfer to Supreme Court of prescribed State or Territory
(4) If proceedings are transferred to the Supreme Court of the prescribed State or Territory under subitem (1):
 (a) all documents filed in the Court of Petty Sessions in the proceedings are to be transmitted to the Supreme Court of the prescribed State or Territory; and
 (b) any money lodged with the Court of Petty Sessions in relation to the proceedings:
 (i) is to be transferred to the Supreme Court of the prescribed State or Territory; and
 (ii) is taken to be money lodged with the Supreme Court of the prescribed State or Territory in relation to the proceedings; and
 (c) everything done in or in relation to the proceedings in the Court of Petty Sessions is taken to have been done in the Supreme Court of the prescribed State or Territory.
(5) If proceedings transferred to the Supreme Court of the prescribed State or Territory under subitem (1) are not completed before the transfer, the Supreme Court of the prescribed State or Territory may:
 (a) hear, or further hear, the proceedings; and
 (b) determine the proceedings;