Law and Justice Legislation Amendment (New South Wales Local Court) Act 2026 (4 of 2026)

Schedule 1   Amendments

Part 2   Transitional provisions

30   Arrangements - transitional provisions

Arrangements in relation to the operation of this item

(1) Subitems (5) to (11) have effect only if an arrangement under subitem (2) is in force.

(2) The Governor-General may make a written arrangement with the Governor of New South Wales that subitems (5) to (11) are to have effect.

(3) The Minister must cause to be published in the Gazette a copy of an arrangement under subitem (2).

(4) The validity of the performance of a function or duty, or the exercise of a power, is not affected by the absence of an arrangement under subitem (2) covering the performance of the function or duty or exercise of the power.

Arrangements under the Bankruptcy Act

(5) An arrangement made under subsection 17B(1) of the Bankruptcy Act 1966 between the Governor-General and the Governor of New South Wales in relation to persons who hold office as Magistrates of New South Wales that was in effect immediately before the commencement of this subitem continues in effect (and may be dealt with) on and after that commencement as if it were an arrangement made under subsection 17B(1A) of that Act in relation to persons who hold office as Judges of the Local Court of New South Wales.

Arrangements under the Customs Act

(6) An arrangement made under paragraph 11(1)(b) of the Customs Act 1901 between the Governor-General and the Governor of New South Wales in relation to persons who hold office as Magistrates of New South Wales that was in effect immediately before the commencement of this subitem continues in effect (and may be dealt with) on and after that commencement as if it were an arrangement made under subsection 11(1A) of that Act in relation to persons who hold office as Judges of the Local Court of New South Wales.

Arrangements under the Extradition Act

(7) If an arrangement in relation to persons who hold office as magistrates of New South Wales for the purposes of subsection 46(1) of the Extradition Act 1988 was in force immediately before the commencement of this subitem, the arrangement has effect, after that commencement, as if it had been made in relation to persons who hold office as Judges of the Local Court of New South Wales.

Arrangements under the International War Crimes Tribunals Act

(8) If an arrangement in relation to persons who hold office as magistrates of New South Wales for the purposes of section 82 of the International War Crimes Tribunals Act 1995 was in force immediately before the commencement of this subitem, the arrangement has effect, after that commencement, as if it had been made in relation to persons who hold office as Judges of the Local Court of New South Wales.

Arrangements under the Marriage Act

(9) If an arrangement in relation to persons who hold office as magistrates of New South Wales for the purposes of section 9 of the Marriage Act 1961 was in force immediately before the commencement of this subitem, the arrangement has effect, after that commencement, as if it had been made in relation to persons who hold office as Judges of the Local Court of New South Wales.

Arrangements under the Mutual Assistance in Criminal Matters Act

(10) If an arrangement in relation to persons who hold office as Magistrates of New South Wales for the purposes of subsection 39(1) of the Mutual Assistance in Criminal Matters Act 1987 was in force immediately before the commencement of this subitem, the arrangement has effect, after that commencement, as if it had been made in relation to persons who hold office as Judges of the Local Court of New South Wales.

Other arrangements to which the Commonwealth is a party

(11) If:

(a) any other arrangement was in force immediately before the commencement of this subitem; and

(b) the arrangement was made in relation to persons who held office as magistrates of New South Wales; and

(c) the Commonwealth is a party to the arrangement;

the arrangement has effect, after that commencement, as if had been made in relation to persons who hold office as Judges of the Local Court of New South Wales.