Attorney General Regulations Amendment (Electronic Processes) Regulations 2016 (WA)

2 December 2016 GOVERNMENT GAZETTE, WA 5385

JU302

Civil Judgments Enforcement Act 2004

Criminal Procedure Act 2004

Attorney General Regulations Amendment

(Electronic Processes) Regulations 2016

Made by the Governor in Executive Council.

Part 1 — Preliminary

1.            Citation

These regulations are the Attorney General Regulations
Amendment (Electronic Processes) Regulations 2016.

2.            Commencement

These regulations come into operation as follows —

(a)	Part 1 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

Part 2 — Civil Judgments Enforcement

Regulations 2005 amended

3.            Regulations amended

This Part amends the Civil Judgments Enforcement
Regulations 2005.

(1) A court may issue an arrest warrant by means of the courts electronic system.

4.            Regulations 95A and 95B inserted

At the beginning of Part 7 insert:

95A.	Terms used
In this Part — arrest warrant means a warrant issued under section 29(4) or 89(4) of the Act; courts electronic system means the electronic system for the management of proceedings in Western Australian courts.
95B.	Warrants issued electronically

5386 GOVERNMENT GAZETTE, WA 2 December 2016

(2) The arrest warrant must bear -

(a)	the name, or facsimile signature, of the judge or magistrate issuing it; or
(b)	a facsimile of the court's seal.

(3) The arrest warrant is authenticated for the purposes of

the Courts and Tribunals (Electronic Processes

Facilitation) Act 2013 section 10.

(4) The arrest warrant is given in electronic form for the

purposes of the Courts and Tribunals (Electronic
Processes Facilitation) Act 2013 section 12.

5.            Regulation 96 amended

In regulation 96(1) delete the definition of arrest warrant.

Part 3 - Criminal Procedure

Regulations 2005 amended

6.            Regulations amended

This Part amends the Criminal Procedure Regulations 2005.

7.            Regulation 3 amended

In regulation 3(1) in the definition of approved user paragraph (a) delete "regulation 5A" and insert:

regulation 4A

8.            Regulations 5A and SB replaced

Delete regulation 5A and 5B and insert:

4A.	Authorisation of persons to lodge documents by means of courts electronic system
The CEO may, from time to time, by written notice, authorise a specified person, or a person in a specified class of persons, to use the courts electronic system to lodge with, or make available to, the court documents of a specified class.
4B.	Means of completing prescribed forms electronically
Each form in Schedule 1 may be completed electronically by an approved user by entering the information required to complete the form into the courts electronic system.

2 December 2016 GOVERNMENT GAZETTE, WA 5387

9.            Regulation 5A inserted

After regulation 5 insert:

5A.	Arrest warrants issued electronically
(1)	A court may issue an arrest warrant by means of the courts electronic system.

(2) The arrest warrant must bear —

(a)	the name, or facsimile signature, of the judge or magistrate issuing it; or
(b)	a facsimile of the court's seal.

(3) The arrest warrant is authenticated for the purposes of

the Courts and Tribunals (Electronic Processes

Facilitation) Act 2013 section 10.

(4) The arrest warrant is given in electronic form for the

purposes of the Courts and Tribunals (Electronic

Processes Facilitation) Act 2013 section 12.

R. KENNEDY, Clerk of the Executive Council.