This bill became law on Mar 5th, 2026.
Law, justice & rights
Judges of the NSW Local Court will be able to exercise the same federal jurisdictionThe power of a court to hear and decide cases that involve federal laws, rather than state laws. and powers that NSW magistratesA judicial officer in New South Wales who currently handles certain federal matters, but will be replaced by a judge of the Local Court. currently hold.
NSW's replacement of magistratesA judicial officer in New South Wales who currently handles certain federal matters, but will be replaced by a judge of the Local Court. with judges in the Local Court left a gap where Commonwealth laws referring to 'magistrateA judicial officer in New South Wales who currently handles certain federal matters, but will be replaced by a judge of the Local Court.' would not cover the new judicial officers. This bill amends the Acts Interpretation ActA Commonwealth law that sets out standard rules for understanding other federal laws, including definitions of terms. to include Local Court judges in references to 'magistrateA judicial officer in New South Wales who currently handles certain federal matters, but will be replaced by a judge of the Local Court.' and exclude them from references to 'judge', preserving their federal jurisdictionThe power of a court to hear and decide cases that involve federal laws, rather than state laws. without expanding it.
The New South Wales Parliament passed the Local Court and Bail Legislation Amendment Act 2025, which replaced the office of NSW magistrateA judicial officer in New South Wales who currently handles certain federal matters, but will be replaced by a judge of the Local Court. with the office of judge of the NSW Local Court. Because many Commonwealth laws confer jurisdiction on 'magistratesA judicial officer in New South Wales who currently handles certain federal matters, but will be replaced by a judge of the Local Court.', the change risked leaving NSW Local Court judges unable to exercise those federal powers, so this Commonwealth bill amended the Acts Interpretation ActA Commonwealth law that sets out standard rules for understanding other federal laws, including definitions of terms. to ensure the new judges could continue performing the same federal functions without expanding their authority.
No substantive case was made against the bill's purpose of aligning Commonwealth law with New South Wales court reforms. The only reservation raised was procedural—that the bill was too minor to warrant standalone legislation—while support remained bipartisan across both chambers.
Michelle Rowland MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 05 Mar 2026
Final passage
Passed without a counted vote
Members called out ‘aye’ or ‘no’ — no individual votes were recorded.
Passage speed
29 days
From introduction to the latest recorded parliamentary step
Meaning
Judges of the NSW Local Court will be able to exercise the same federal jurisdictionThe power of a court to hear and decide cases that involve federal laws, rather than state laws. and powers that NSW magistratesA judicial officer in New South Wales who currently handles certain federal matters, but will be replaced by a judge of the Local Court. currently hold.
Judges of the NSW Local Court will not be able to exercise federal jurisdictionThe power of a court to hear and decide cases that involve federal laws, rather than state laws. and powers beyond the intended scope of their office.
The Acts Interpretation ActA Commonwealth law that sets out standard rules for understanding other federal laws, including definitions of terms. is amended so that references to 'magistrateA judicial officer in New South Wales who currently handles certain federal matters, but will be replaced by a judge of the Local Court.' in Commonwealth laws include NSW Local Court judges, unless a contrary intention appearsA legal phrase meaning that a different meaning applies if the context of the law shows that was intended..
The same Act is amended so that references to 'judge' exclude NSW Local Court judges, unless a contrary intention appearsA legal phrase meaning that a different meaning applies if the context of the law shows that was intended..
Existing Commonwealth-NSW arrangements for magistratesA judicial officer in New South Wales who currently handles certain federal matters, but will be replaced by a judge of the Local Court. to perform federal functions will continue for Local Court judges, subject to a new agreement between the Governor-GeneralThe representative of the Australian monarch at the federal level, who can enter into agreements with state governors. and the NSW Governor.
jurisdiction and powers conferred on NSW magistrates by Commonwealth law can continue to be validly exercised by judges of the NSW Local CourtLaw and Justice Legislation Amendment (New South Wales Local Court) explanatory memorandum
judges of the NSW Local Court will not be able to exercise federal jurisdiction and powers beyond the intended scope of their office.Law and Justice Legislation Amendment (New South Wales Local Court) explanatory memorandum
references to ‘magistrate’ in Commonwealth legislation will include judges of the NSW Local Court except where contrary intention existsLaw and Justice Legislation Amendment (New South Wales Local Court) explanatory memorandum
references to ‘judge’ in Commonwealth legislation will exclude judges of the NSW Local Court except where contrary intention existsLaw and Justice Legislation Amendment (New South Wales Local Court) explanatory memorandum
This item will allow existing arrangements between the Commonwealth and NSW for NSW magistrates to perform certain functions and duties and exercise certain powers under Commonwealth law to continue to have effect on commencement of the NSW Act provided an arrangement under sub‑item 30(2) is made.Law and Justice Legislation Amendment (New South Wales Local Court) explanatory memorandum
Context
The New South Wales Parliament passed the Local Court and Bail Legislation Amendment Act 2025, which replaced the office of NSW magistrateA judicial officer in New South Wales who currently handles certain federal matters, but will be replaced by a judge of the Local Court. with the office of judge of the NSW Local Court. Because many Commonwealth laws confer jurisdiction on 'magistratesA judicial officer in New South Wales who currently handles certain federal matters, but will be replaced by a judge of the Local Court.', the change risked leaving NSW Local Court judges unable to exercise those federal powers, so this Commonwealth bill amended the Acts Interpretation ActA Commonwealth law that sets out standard rules for understanding other federal laws, including definitions of terms. to ensure the new judges could continue performing the same federal functions without expanding their authority.
NSW passes law replacing magistratesA judicial officer in New South Wales who currently handles certain federal matters, but will be replaced by a judge of the Local Court. with Local Court judges
The New South Wales Parliament enacted the Local Court and Bail Legislation Amendment Act 2025, which abolished the office of magistrateA judicial officer in New South Wales who currently handles certain federal matters, but will be replaced by a judge of the Local Court. and created the office of judge of the NSW Local Court.
Law and Justice Legislation Amendment (New South Wales Local Court) explanatory memorandum ↗Commonwealth bill introduced to close the legislative gap
Attorney-General Michelle Rowland introduced the Law and Justice Legislation Amendment (New South Wales Local Court) Bill 2026 into the House of Representatives to ensure NSW Local Court judges could continue exercising federal jurisdictionThe power of a court to hear and decide cases that involve federal laws, rather than state laws. previously held by magistratesA judicial officer in New South Wales who currently handles certain federal matters, but will be replaced by a judge of the Local Court..
Parliamentary timeline ↗House of Representatives passes the bill
The House agreed to the bill at third reading, completing its passage through the lower house.
Parliamentary timeline ↗Senate passes the bill
The Senate agreed to the bill at second reading and passed it the same day it was introduced, completing parliamentary passage.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
Second reading debate
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The bill reached this recorded parliamentary step.
Reported from Federation Chamber
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-GeneralThe representative of the Australian monarch at the federal level, who can enter into agreements with state governors. gave Royal Assent, turning the bill into an Act.
Key criticism
No substantive case was made against the bill's purpose of aligning Commonwealth law with New South Wales court reforms. The only reservation raised was procedural—that the bill was too minor to warrant standalone legislation—while support remained bipartisan across both chambers.
No party represented in the debate opposed the bill.
Trivial standalone legislation
The Greens argued the bill was a minor consequential amendment that should have been bundled into a miscellaneous provisions bill rather than introduced as standalone legislation, describing it as a waste of parliamentary time.
Further sources
Votes
The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Parliamentary debate
Start here — lead voices
Rowland introduces the bill to align Commonwealth law with New South Wales changes, ensuring judges of the Local Court can continue to exercise federal jurisdictionThe power of a court to hear and decide cases that involve federal laws, rather than state laws. without disruption to law enforcement and prosecution.
Read in Hansard ↗McCormack says the coalition supports the bill to update Commonwealth laws after NSW renamed magistratesA judicial officer in New South Wales who currently handles certain federal matters, but will be replaced by a judge of the Local Court. to judges, but he criticises the NSW government for prioritising the title change over more pressing court and sentencing issues.
Read in Hansard ↗Wallace supports the bill as a minor and technical measure to align Commonwealth law with New South Wales's transition from magistratesA judicial officer in New South Wales who currently handles certain federal matters, but will be replaced by a judge of the Local Court. to judges, ensuring seamless judicial operations.
Read in Hansard ↗Cash says the coalition supports the bill as an uncontroversial, technical measure to ensure Commonwealth law operates smoothly after New South Wales replaces magistratesA judicial officer in New South Wales who currently handles certain federal matters, but will be replaced by a judge of the Local Court. with local court judges.
Read in Hansard ↗All speeches by bloc
2 speakers · 4 contributions · 2 support
Hansard records 2 separate contributions by Nita Green, including an amendment-moving contribution. They are grouped here so the speaker is listed once.
Moved amendment
Green supports the bill, arguing it is necessary to align Commonwealth law with New South Wales's replacement of magistratesA judicial officer in New South Wales who currently handles certain federal matters, but will be replaced by a judge of the Local Court. with Local Court judges, ensuring federal jurisdictionThe power of a court to hear and decide cases that involve federal laws, rather than state laws. can continue without disruption.
“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.”Read this contribution in Hansard ↗
Second reading speech
Green supports the bill, saying it will allow the New South Wales Local Court to keep performing its federal justice functions after the state's magistrateA judicial officer in New South Wales who currently handles certain federal matters, but will be replaced by a judge of the Local Court. office is replaced.
“I will keep my comments brief and conclude by saying that the bill will ensure that the New South Wales Local Court can continue to perform its important role in the federal justice system, as noted by colleagues opposite.”Read this contribution in Hansard ↗
Hansard records 2 separate contributions by Michelle Rowland on this bill. They are grouped here so the speaker is listed once.
Minister's second reading speech
Rowland introduces the bill to align Commonwealth law with New South Wales changes, ensuring judges of the Local Court can continue to exercise federal jurisdictionThe power of a court to hear and decide cases that involve federal laws, rather than state laws. without disruption to law enforcement and prosecution.
“The bill will commence at the same time that the New South Wales Act commences. The New South Wales act will commence by proclamation. The 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 entities 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. 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.”Read this contribution in Hansard ↗
Second reading speech
Rowland supports the bill to update Commonwealth laws in line with New South Wales court reforms, ensuring the Local Court can keep exercising federal jurisdictionThe power of a court to hear and decide cases that involve federal laws, rather than state laws..
“I commend the bill to the chamber.”Read this contribution in Hansard ↗
3 speakers · 3 support
“Of all the things that the New South Wales government has on its plate at the moment, you would think this would probably be the least imperative and important, but, given the fact that amongst one of its so-called 'primary reforms' was the abolition of the statutory office of Magistrate of the Local Court and the establishment of a new statutory office called Judge of the Local Court, we find ourselves having to update all our statutes, books and paperwork involved in this. Now, of course the coalition supports this bill, but I do want to make a few pertinent remarks in relation to the Law and Justice Legislation Amendment (New South Wales Local Court) Bill of 2026 and other related matters pertaining to our legal system.”Read the full speech in Hansard ↗
“The coalition supports the bill, as it's a minor and technical yet necessary measure to ensure the consistent application of Commonwealth law across jurisdictions.”Read the full speech in Hansard ↗
“The coalition, as I said, supports this bill. It is uncontroversial. It's a minor and technical yet necessary measure to ensure the consistent application of Commonwealth law following a significant change to the New South Wales court system. The opposition is supportive of any commonsense measures that allow judicial officers to perform their important roles efficiently without confusion or disruption. The bill delivers that. I commend the bill to the Senate.”Read the full speech in Hansard ↗
1 speaker · 1 support
“The Greens do not oppose this bill. But, for the life of us, we cannot work out how it isn't contained in schedule 12 of the miscellaneous provisions act bill. It highlights just how small the Labor Party agenda is when they have to devote as much time as they can in the Senate to a bill that basically deals with the consequential amendments of the New South Wales government changing the name of Local Court magistrates to Local Court judges. That's what's happened.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Reported from Federation Chamber
Reported from Federation Chamber
The bill reached this recorded parliamentary step.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-GeneralThe representative of the Australian monarch at the federal level, who can enter into agreements with state governors. gave Royal Assent, turning the bill into an Act.
