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

No. 4, 2026

An Act to deal with consequential and transitional matters arising from the enactment of the Local Court and Bail Legislation Amendment Act 2025 of New South Wales, and for other purposes

Contents

1 Short title 1

2 Commencement 2

3 Schedules 2

Schedule 1—Amendments 3

Part 1—Main amendments 3

Acts Interpretation Act 1901 3

Bankruptcy Act 1966 3

Customs Act 1901 4

Environment Protection and Biodiversity Conservation Act 1999 4

Excise Act 1901 5

Extradition Act 1988 5

Fair Work Act 2009 5

High Court of Australia Act 1979 5

Inspector-General of Intelligence and Security Act 1986 6

International War Crimes Tribunals Act 1995 6

Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 6

Marriage Act 1961 7

Mutual Assistance in Criminal Matters Act 1987 7

National Anti-Corruption Commission Act 2022 8

Royal Commissions Act 1902 8

Part 2—Transitional provisions 9

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

No. 4, 2026

An Act to deal with consequential and transitional matters arising from the enactment of the Local Court and Bail Legislation Amendment Act 2025 of New South Wales, and for other purposes

[Assented to 5 March 2026]

The Parliament of Australia enacts:
1 Short title

This Act is the Law and Justice Legislation Amendment (New South Wales Local Court) Act 2026.
2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information Commencement information Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this Act At the same time as item 1 of Schedule 1 to the Local Court and Bail Legislation Amendment Act 2025 (NSW) commences. However, the provisions do not commence at all if that item does not commence.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 2

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Amendments

Acts Interpretation Act 1901

 1 Section 16BA

After “acting Judge, of”, insert “the Local Court of New South Wales or of”.

 2 Subsection 16C(3)

After “acting Judge, of”, insert “the Local Court of New South Wales or of”.

Bankruptcy Act 1966

 3 Subsection 5(1) (after paragraph (a) of the definition of magistrate)

Insert:

 aa

a person who holds office as a Judge of the Local Court of New South Wales, being a person in respect of whom an arrangement under subsection 17B(1A) applies; or

 4 Section 17B (heading)

Omit “Northern Territory”, substitute “certain”.

 5 After subsection 17B(1)

Insert:

Customs Act 1901

 1A

The Governor-General may arrange with the Governor of New South Wales for the performance of the functions of a magistrate under this Act by all or any of the persons who from time to time hold office as Judges of the Local Court of New South Wales.

 6 Subsection 4(1) (paragraph (b) of the definition of Division 1B Magistrate)

After “State”, insert “(other than New South Wales)”.

 7 Subsection 4(1) (after paragraph (b) of the definition of Division 1B Magistrate)

Insert:

 ba

a Judge of the Local Court of New South Wales to whom an appropriate arrangement under subsection 11(1A) applies; or

 8 After subsection 11(1)

Insert:

 1A

The Governor-General may make arrangements with the Governor of New South Wales for the performance by all or any of the persons who from time to time hold office as Judges of the Local Court of that State of the functions of a Magistrate under Subdivision C of Division 1B of Part XII.

 9 After subsection 219ZL(3)

Insert:

(3AA) A Judge, or acting Judge, of the Local Court of New South Wales performing a function of, or connected with, issuing a warrant or giving an order under this Part has the same protection and immunity as if he or she were performing that function as that Local Court or as a Judge of that Local Court.

Environment Protection and Biodiversity Conservation Act 1999

 10 Section 528 (definition of magistrate)

After “acting Judge, of”, insert “the Local Court of New South Wales or of”.

Excise Act 1901

 11 Section 107AA (definition of magistrate)

After “acting Judge, of”, insert “the Local Court of New South Wales or of”.

Extradition Act 1988

 12 Section 5 (after paragraph (b) of the definition of magistrate)

Insert:

 ba

a Judge, or an acting Judge, of the Local Court of New South Wales in relation to whom an arrangement is in force under section 46; or

 13 After paragraph 46(1)(a)

Insert:

Fair Work Act 2009

 aa

arrange with the Governor of New South Wales for the performance, by all or any of the persons who from time to time hold office as Judges of the Local Court of New South Wales, of the functions of a magistrate under this Act; or

 14 Section 12 (after paragraph (b) of the definition of magistrates court)

Insert:

High Court of Australia Act 1979

 ba

the Local Court of New South Wales; or

 15 Paragraph 7(a)

After “acting Judge of”, insert “the Local Court of New South Wales or of”.

Inspector-General of Intelligence and Security Act 1986

 16 Subsection 3(1) (paragraph (a) of the definition of Judge)

After “acting Judge of”, insert “the Local Court of New South Wales or of”.

International War Crimes Tribunals Act 1995

 17 Section 4 (paragraph (b) of the definition of magistrate)

After “other than”, insert “New South Wales or”.

 18 Section 4 (after paragraph (b) of the definition of magistrate)

Insert:

 ba

a Judge, or an acting Judge, of the Local Court of New South Wales in respect of whom an arrangement under section 82 is in force; or

 19 After subsection 82(3)

Insert:

Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012

 3A

For the purposes of the application of this section in relation to New South Wales, references to persons who hold office as magistrates of a State are taken to be references to persons who hold office as Judges of the Local Court of New South Wales.

 20 Section 7 (paragraph (b) of the definition of Commonwealth or State judicial officer)

After “acting Judge of”, insert “the Local Court of New South Wales or of”.

Marriage Act 1961

 21 Subsection 5(1) (paragraph (b) of the definition of Judge)

After “applicable”, insert “(other than a Judge, or acting Judge, of the Local Court of New South Wales)”.

 22 Subsection 5(1) (after paragraph (a) of the definition of magistrate)

Insert:

 aa

in relation to New South Wales—a person who holds office as a Judge, or acting Judge, of the Local Court of New South Wales and in respect of whom an appropriate arrangement in force under section 9 is applicable; and

 23 Subsection 5(1) (paragraph (b) of the definition of magistrate)

Repeal the paragraph, substitute:

 b

in relation to a Territory—a person who holds office as:

 i

a Chief, Police, Stipendiary, Resident or Special Magistrate of the Territory; or

 ii

a Judge, or acting Judge, of a Local Court of the Territory.

 24 After subsection 9(1)

Insert:

Mutual Assistance in Criminal Matters Act 1987

 1A

The Governor-General may make arrangements with the Governor of New South Wales for the performance by all or any of the persons who from time to time hold office as Judges, or acting Judges, of the Local Court of New South Wales of all or any of the functions of a magistrate under this Act.

 25 Subsection 3(1) (paragraph (a) of the definition of Magistrate)

After “other than”, insert “New South Wales or”.

 26 Subsection 3(1) (after paragraph (a) of the definition of Magistrate)

Insert:

National Anti-Corruption Commission Act 2022

 aaa

a Judge, or an acting Judge, of the Local Court of New South Wales in respect of whom an arrangement under section 39 is in force; or

 27 Subsection 112(5)

After “acting Judge, of”, insert “the Local Court of New South Wales or of”.

Royal Commissions Act 1902

 28 Paragraph 4(6)(b)

After “acting Judge, of”, insert “the Local Court of New South Wales or of”.

 29 Application provision

The amendments of the Acts Interpretation Act 1901 made by this Schedule apply in relation to Acts enacted before, on or after the commencement of this item.

 30 Arrangements—transitional provisions

Arrangements in relation to the operation of this item

Arrangements under the Bankruptcy Act

Arrangements under the Customs Act

Arrangements under the Extradition Act

Arrangements under the International War Crimes Tribunals Act

Arrangements under the Marriage Act

Arrangements under the Mutual Assistance in Criminal Matters Act

Other arrangements to which the Commonwealth is a party

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.

[Minister’s second reading speech made in—

House of Representatives on 4 February 2026

Senate on 2 March 2026]

(8/26)

 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

(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.

 5

(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.

 6

(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.

 7

(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.

 8

(8) If an arrangement in relation to persons who hold office as magistrates of New South Wales for the purposes of 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.section 82 of the

9

(9) If an arrangement in relation to persons who hold office as magistrates of New South Wales for the purposes of 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.section 9 of the

10

(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.

 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;