Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSCHEDULE 3 Section 9
AMENDMENTS OF OTHER ACTS
Omit “Magistrates”, substitute “Small Claims”.
Insert the following definitions:
Omit the subsection, substitute the following subsections:
“(6) Upon receipt of an application under subsection (1) the Registrar shall—
(a) direct the holding of a conference between the parties; or
(b) if the Registrar is satisfied that in the circumstances the objectives referred to in section 420 of the Magistrates Court (Civil Jurisdiction) Act 1982 would not be significantly advanced by holding a conference—direct the holding of an inquiry into the application.
“(6A) If the Registrar directs a conference to be held, he or she shall, not later than 10 days before the day fixed for the conference—
(a) cause a copy of the application to be served on the respondent; and
(b) cause a Conference Notice to be served on the parties.
“(6B) If the Registrar directs an inquiry to be held, he or she shall, not later than 10 days before the day fixed for the inquiry—
(a) cause a copy of the application to be served on the respondent; and
(b) cause an Inquiry Notice to be served on the parties.”.
Before subsection (1) insert the following subsection:
“(1A) The Court may hold an inquiry on an application under section 4 pursuant to a direction of the Registrar—
(a) under section 426 or 428 of the Magistrates Court (Civil Jurisdiction) Act 1982 ; or
(b) under paragraph 4 (6) (b) of this Act.”.
Omit “Where an application has been made under section 4, the Court may conduct an inquiry into the facts and circumstances of the matter and”, substitute “In an inquiry on an application under section 4 , the Court”.
Omit the subsection, substitute the following subsections:
“(10) Upon receipt of an application under subsection (1) or (5) the Registrar shall—
(a) direct the holding of a conference between the parties; or
(b) if the Registrar is satisfied that in the circumstances the objectives referred to in section 420 of the Magistrates Court (Civil Jurisdiction) Act 1982 would not be significantly advanced by holding a conference—direct the holding of an inquiry into the application.
“(11) If the Registrar directs a conference to be held, he or she shall, not later than 10 days before the day fixed for the conference—
(a) cause a copy of the application to be served on the respondent; and
(b) cause a Conference Notice to be served on the parties.
“(12) If the Registrar directs an inquiry to be held, he or she shall, not later than 10 days before the day fixed for the inquiry—
(a) cause a copy of the application to be served on the respondent; and
(b) cause an Inquiry Notice to be served on the parties.”.
Before subsection (1) insert the following subsection:
“(1A) The Court may hold an inquiry on an application under section 6 pursuant to a direction of the Registrar—
(a) under section 426 or 428 of the Magistrates Court (Civil Jurisdiction) Act 1982 ; or
(b) under paragraph 6 (10) (b) of this Act.”.
Omit “Where an application has been made”, substitute “In an inquiry on an application”.
Omit “On”, substitute “In an inquiry on”.
Omit “make application”, substitute “apply”.
Omit the subsections, substitute the following subsections:
“(4) Upon receipt of an application under subsection (1) the Registrar shall—
(a) direct the holding of a conference between the parties; or
(b) if the Registrar is satisfied that in the circumstances the objectives referred to in section 420 of the Magistrates Court (Civil Jurisdiction) Act 1982 would not be significantly advanced by holding a conference—direct the holding of an inquiry into the application.
“(4A) If the Registrar directs a conference to be held, he or she shall, not later than 10 days before the day fixed for the conference—
(a) cause a copy of the application to be served on the respondent; and
(b) cause a Conference Notice to be served on the parties.
“(4B) If the Registrar directs an inquiry to be held, he or she shall, not later than 10 days before the day fixed for the inquiry—
(a) cause a copy of the application to be served on the respondent; and
(b) cause an Inquiry Notice to be served on the parties.
“(5) The Court may hold an inquiry on an application under subsection (1) pursuant to a direction of the Registrar—
(a) under section 426 or 428 of the Magistrates Court (Civil Jurisdiction) Act 1982 ; or
(b) under paragraph (4) (b) of this section.”.
Omit the subsection.
Repeal the section.
Omit “make application”, substitute “apply”.
Omit the subsection, substitute the following subsections:
“(4) Upon receipt of an application under subsection (1) or (2) the Registrar shall—
(a) direct the holding of a conference between the parties; or
(b) if the Registrar is satisfied that in the circumstances the objectives referred to in section 420 of the Magistrates Court (Civil Jurisdiction) Act 1982 would not be significantly advanced by holding a conference—direct the holding of an inquiry into the application.
“(5) If the Registrar directs a conference to be held, he or she shall, not later than 10 days before the day fixed for the conference—
(a) cause a copy of the application to be served on the respondent; and
(b) cause a Conference Notice to be served on the parties.
“(6) If the Registrar directs an inquiry to be held, he or she shall, not later than 10 days before the day fixed for the inquiry—
(a) cause a copy of the application to be served on the respondent; and
(b) cause an Inquiry Notice to be served on the parties.”.
Before subsection (1) insert the following subsection:
“(1A) The Court may hold an inquiry on an application under subsection 11 (1) or (2) pursuant to a direction of the Registrar—
(a) under section 426 or 428 of the Magistrates Court (Civil Jurisdiction) Act 1982 ; or
(b) under paragraph 11 (4) (b) of this Act.”.
Omit “On”, substitute “In an inquiry on”.
Repeal the sections.
Omit the subsection, substitute the following subsection:
“(3) This section is to be read together with section 408 and Division 8 of Part XXII of the Magistrates Court (Civil Jurisdiction) Act 1982 .”.
Omit “made under section 10”, substitute “under Part XIX of the Magistrates Court (Civil Jurisdiction) Act 1982 in relation to such a determination”.
Repeal the section.
Omit “Magistrates”, substitute “Small Claims”.
Omit the Form.
Interpretation Act 1967
Insert the following definition:
Landlord and Tenant Act 1949
Insert the following definitions:
Omit “The Court has jurisdiction to hear and determine a claim”, substitute “The Small Claims Court may hold an inquiry into an application”.
Omit the subsection, substitute the following subsection:
“(2) Section 469 (Doubtful service) of the Magistrates Court (Civil Jurisdiction) Act 1982 does not apply in relation to an application in the Small Claims Court referred to in subsection (1).”.
Omit the subsection, substitute the following subsection:
“(3) The Registrar shall only accept for filing an Originating Application in proceedings if the Application has attached to it a certificate by an approved mediator to the effect that the mediator has invited the parties to the relevant dispute to a conference under section 62AQ.”.
(a) Omit “under this Part”.
(b) Before “Court” insert “Small Claims”.
(a) Omit “under this Part, the Court”, substitute “, the Small Claims Court”.
(b) Omit “of the Court”.
Omit the paragraph, substitute the following paragraph:
“(c) the general purposes of this Act, the Magistrates Court (Civil Jurisdiction) Act 1982 and rules and regulations made under this Act and that Act.”.
Second Schedule—
(a) Omit—
I, A.B., do swear that I will be faithful and bear true allegiance to Her Majesty, Queen Elizabeth the Second, Her heirs and successors, according to law, that I will well and truly serve in the office of and that I will do right to all manner of people according to law, without fear or favour, affection or ill-will. So help me God!
substitute—
I, [name], do swear that I will well and truly serve in the office of and that I will do right to all manner of people according to law, without fear or favour, affection or ill-will. So help me God!
(b) Omit—
I, A.B., do solemnly and sincerely affirm and declare that I will be faithful and bear true allegiance to Her Majesty, Queen Elizabeth the Second, Her heirs and successors, according to law, that I will well and truly serve in the office of and that I will do right to all manner of people, according to law, without fear or favour , affection or ill-will.
substitute—
I, [name], do solemnly and sincerely affirm and declare that I will well and truly serve in the office of and that I will do right to all manner of people, according to law, without fear or favour, affection or ill-will.