County Court (Oath and Affirmation of Office) Regulations 2024 (Vic)

Version No. 001

County Court (Oath and Affirmation of Office) Regulations 2024

S.R. No. 88/2024

Version as at

13 October 2024

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocation

5Oath or affirmation of office

Schedule 1—Oath or affirmation of office

═════════════

Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 001

County Court (Oath and Affirmation of Office) Regulations 2024

S.R. No. 88/2024

Version as at

13 October 2024

1Objective

The objective of these Regulations is to prescribe the form and manner of an oath of office and an affirmation of office for judicial registrars of the County Court.

2Authorising provision

These Regulations are made under section 79A of the County Court Act 1958.

3Commencement

These Regulations come into operation on 13 October 2024.

4Revocation

The County Court (Oath and Affirmation of Office) Regulations 2014[1] are revoked.

5Oath or affirmation of office

For the purposes of section 17PA(1) of the County Court Act 1958—

(a)the prescribed form is set out in Schedule 1; and

(b)the prescribed manner is that the oath or affirmation of office must be administered by the Chief Judge or another judge.

SCHEDULE 1—OATH OR AFFIRMATION OF OFFICE

Regulation 5

OATH OF OFFICE OF JUDICIAL REGISTRAR

I, [full name], swear by Almighty God [or the person may name a god recognised by the person's religion] that as a judicial registrar of the County Court in the State of Victoria, I will at all times and in all things discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour, affection or ill-will.

AFFIRMATION OF OFFICE OF JUDICIAL REGISTRAR

I, [full name], solemnly and sincerely declare and affirm that as a judicial registrar of the County Court in the State of Victoria, I will at all times and in all things discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour, affection or ill-will.

═════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The County Court (Oath and Affirmation of Office) Regulations 2024, S.R. No. 88/2024 were made on 17 September 2024 by the Governor in Council under section 79A of the County Court Act 1958, No. 6230/1958 and came into operation on 13 October 2024: regulation 3.

The County Court (Oath and Affirmation of Office) Regulations 2024 will sunset 10 years after the day of making on 17 September 2034 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the County Court (Oath and Affirmation of Office) Regulations 2024 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

[1] Reg. 4: S.R. No. 157/2014.