Court Procedures (Consequential Amendments) Act 2004 (ACT)

Case

Court Procedures (Consequential Amendments) Act 2004

A2004-60

Contents

Page

  1. Name of Act  2

  2. Commencement  2

  3. Legislation amended—sch 1  2

  4. Legislation repealed  2

Schedule 1Consequential amendments  4

Part 1.1Administration and Probate Act 1929  4

Part 1.2Administrative Appeals Tribunal Act 1989  4

Part 1.3Administrative Decisions (Judicial Review) Act 1989           6

Part 1.4Arrest on Mesne Process Act 1902  7

Part 1.5Bail Act 1992  8

Part 1.6Children and Young People Act 1999  8

Part 1.7Chiropractors and Osteopaths Act 1983  12

Part 1.8Civil Law (Wrongs) Act 2002  13

Part 1.9Commercial Arbitration Act 1986  13

Part 1.10Common Boundaries Act 1981  15

Part 1.11Community and Health Services Complaints Act 1993       21

Part 1.12Confiscation of Criminal Assets Act 2003  22

Part 1.13Consumer and Trader Tribunal Act 2003  22

Part 1.14Consumer Credit (Administration) Act 1996  23

Part 1.15Coroners Act 1997  25

Part 1.16Court Security Act 2001  28

Part 1.17Crimes Act 1900  29

Part 1.18Crimes (Forensic Procedures) Act 2000  31

Part 1.19Crown Proceedings Act 1992  32

Part 1.20Dental Technicians and Dental Prosthetists Registration Act 1988        37

Part 1.21Dentists Act 1931  37

Part 1.22Discrimination Act 1991  38

Part 1.23Domestic Relationships Act 1994  40

Part 1.24Earnings (Assignment and Attachment) Act 1966             40

Part 1.25Electoral Act 1992  41

Part 1.26Evidence Act 1971  41

Part 1.27Government Procurement Act 2001  42

Part 1.28Guardianship and Management of Property Act 1991        42

Part 1.29Health Professions Boards (Procedures) Act 1981            42

Part 1.30Health Records (Privacy and Access) Act 1997                43

Part 1.31Judgment Creditors Remedies Act 1901  43

Part 1.32Judiciary (Stay of Proceedings) Act 1933  44

Part 1.33Juries Act 1967  45

Part 1.34Leases (Commercial and Retail) Act 2001  45

Part 1.35Legal Aid Act 1977  47

Part 1.36Legal Practitioners Act 1970  48

Part 1.37Legislation Act 2001  48

Part 1.38Liquor Act 1975  49

Part 1.39Litter Act 1977  50

Part 1.40Magistrates Court Act 1930  50

Part 1.41Magistrates Court (Agents Infringement Notices) Regulations 2003       119

Part 1.42Magistrates Court (Charitable Collections Infringement Notices) Regulations 2003  120

Part 1.43Magistrates Court (Fisheries Infringement Notices) Regulations 2004    121

Part 1.44Magistrates Court (Hawkers Infringement Notices) Regulations 2003     122

Part 1.45Magistrates Court (Lakes Infringement Notices) Regulations 2004        123

Part 1.46Magistrates Court (Land Planning and Environment Infringement Notices) Regulations 2003  124

Part 1.47Magistrates Court (Security Industry Infringement Notices) Regulations 2003     125

Part 1.48Magistrates Court (Trade Measurement Infringement Notices) Regulations 2002 126

Part 1.49Magistrates Court (Utilities Infringement Notices) Regulations 2002       127

Part 1.50Magistrates Court Rules 1932  128

Part 1.51Magistrates Court (Civil Jurisdiction) Act 1982               131

Part 1.52Magistrates Court (Civil Jurisdiction) Regulations 1987    161

Part 1.53Married Persons Property Act 1986  163

Part 1.54Medical Practitioners Act 1930  164

Part 1.55Mental Health (Treatment and Care) Act 1994                 165

Part 1.56Nurses Act 1988  165

Part 1.57Oaths and Affirmations Act 1984  166

Part 1.58Optometrists Act 1956  166

Part 1.59Physiotherapists Act 1977  167

Part 1.60Podiatrists Act 1994  167

Part 1.61Protection Orders Act 2001  168

Part 1.62Protection Orders Regulations 2002  168

Part 1.63Psychologists Act 1994  171

Part 1.64Remand Centres Act 1976  172

Part 1.65Residential Tenancies Act 1997  172

Part 1.66Road Transport (Driver Licensing) Act 1999                   174

Part 1.67Road Transport (General) Act 1999  174

Part 1.68Set-off of Debts Act 1728  175

Part 1.69Set-off of Debts Act 1735  175

Part 1.70Supreme Court Act 1933  175

Part 1.71Supreme Court Rules  179

Part 1.72Utilities Act 2000  187

Part 1.73Victims of Crime (Financial Assistance) Act 1983           188

Part 1.74Workers Compensation Act 1951  192

Part 1.75Workers Compensation Regulations 2002  192

Part 1.76Workers Compensation Rules 2002  193

Court Procedures (Consequential Amendments) Act 2004

A2004-60

An Act to amend various legislation because of the enactment of the Court Procedures Act 2004, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

  1. Name of Act

    This Act is the Court Procedures (Consequential Amendments) Act 2004.

  2. Commencement

    This Act commences on the commencement of the Court Procedures Act 2004.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended—sch 1

    This Act amends the legislation mentioned in schedule 1.

  4. Legislation repealed

    This Act repeals the following legislation:

    ·     Arrest on Mesne Process Act 1902 A1902-24

    ·     Court Security Act 2001 A2001-47

    ·     Crown Proceedings Act 1992 A1992-60

    ·     Crown Proceedings Regulations 1993 SL1993-6

    ·     Earnings (Assignment and Attachment) Act 1966 A1966-7

    ·     Evidence by Commission Act 1859 22 Vic c 20

    ·     Evidence by Commission Act 1885 48 and 49 Vic c 74

    ·     Foreign Tribunals Evidence Act 1856 19 and 20 Vic c 113

    ·     Judgment Creditors Remedies Act 1901 A1901-8

    ·     Judiciary (Stay of Proceedings) Act 1933 A1933-36

    ·     Magistrates Court (Civil Jurisdiction) Act 1982 A1982-54

    ·     Magistrates Court (Civil Jurisdiction) Regulations 1987 SL1987-16

    ·     Magistrates Court (Civil Jurisdiction) (Solicitors’ Costs) Regulations 1982 SL1982-31

    ·     Set-off of Debts Act 1728 2 Geo 2 c 22

    ·     Set-off of Debts Act 1735 8 Geo 2 c 24.


Schedule 1Consequential amendments

(see s 3)

Part 1.1Administration and Probate Act 1929

[1.1]Section 5 (1), definition of rules

substitute

rules mean rules under the Court Procedures Act 2004 that apply in relation to the court.

[1.2]Section 125B

omit

, on payment of the fee (if any) determined under the Supreme Court Act 1933, section 37 (1)

Part 1.2Administrative Appeals Tribunal Act 1989

[1.3]Section 27 (1), note

substitute

NoteA fee may be determined under the Court Procedures Act 2004 for this provision.

[1.4]Section 46

substitute

  1. Appeals from tribunal decisions

    (1)A party to a tribunal proceeding may, with the Supreme Court’s leave, appeal to the court on a question of law from a decision of the tribunal in the proceeding.

    (2)An appeal by a person under subsection (1) must be begun within—

    (a)28 days after the day a document setting out the tribunal’s decision is given to the person; or

    (b)if the person has asked for a written statement of reasons under section 44 (4)—28 days after the day the statement is given to the person; or

    (c)any further time the Supreme Court allows (whether on, before or after a day mentioned in paragraph (a) or (b)).

    (3)The Supreme Court must decide the appeal, and may make any of the following orders:

    (a)an order confirming or setting aside the decision of the tribunal;

    (b)an order remitting the case to be heard and decided again, either with or without the hearing of further evidence, by the tribunal in accordance with the court’s directions;

    (c)an order for costs.

    (4)The Supreme Court may also make any other order the court considers appropriate.

    (5)This section applies in relation to a decision of the tribunal made on or after the day this section commences.

    (6)Subsection (5) and this subsection expire 1 year after the day this section commences.

[1.5]Section 48

substitute

  1. Referral of questions of law to Supreme Court

    (1)If the tribunal considers that a question of law raises an issue of public importance, the tribunal may refer the question to the Supreme Court.

    (2)The tribunal may act under subsection (1) on its own initiative or on application by a party.

[1.6]Section 49E (5)

substitute

(5)Costs are payable in accordance with the scale of costs in the rules under the Court Procedures Act 2004 applying in relation to the Supreme Court.

Part 1.3Administrative Decisions (Judicial Review) Act 1989

[1.7]Section 3, definition of rules of court

omit

[1.8]Section 10 (1) (a), (2), (7) and (8)

omit

[1.9]Section 10

renumber subsections and paragraphs when Act next republished under Legislation Act

Part 1.4Arrest on Mesne Process Act 1902

[1.10]Section 4 heading

omit

this Act

substitute

div 6.1

[1.11]Section 4

omit

in this Act

substitute

in this division

[1.12]Section 4 (as amended) and section 5

relocate to Court Procedures Act 2004, division 7.2 as sections 63 and 64

[1.13]Section 6 (1)

omit

(1)

[1.14]Section 6 (2)

omit

[1.15]Section 6 (as amended), sections 7 to 10 and 11 to 14

relocate to Court Procedures Act 2004, division 7.2 as sections 65 to 73

Part 1.5Bail Act 1992

[1.16]Section 37 (5)

omit

division 9.2

substitute

division 3.9.2

Part 1.6Children and Young People Act 1999

[1.17]Section 56

substitute

  1. Procedure of Childrens Court

    (1)The Magistrates Court Act 1930 (other than chapter 4 (Civil proceedings)) applies to the Childrens Court in the exercise of its jurisdiction under section 54 (General jurisdiction of the Childrens Court) in relation to a proceeding under chapter 6 (Young offenders), other than section 128 (Special purpose leave).

    (2)The rules under the Court Procedures Act 2004 applying in relation to civil proceedings in the Magistrates Court apply to the Childrens Court in the exercise of its jurisdiction under section 54 in relation to any other proceeding under this Act.

[1.18]Section 58

omit

[1.19]Section 63, definition of fine

substitute

fine—see the Magistrates Court Act 1930, section 146.

[1.20]Section 63, definition of outstanding fine

substitute

outstanding fine—see the Magistrates Court Act 1930, section 146.

[1.21]Section 102 (4) (a)

omit

division 9.2

substitute

division 3.9.2

[1.22]Section 276

substitute

  1. Material to accompany applications

    An application under this part must be accompanied by the following:

    (a)a written statement of the substance of the oral evidence that the applicant intends to present at the hearing of the application;

    (b)a written copy of any document or expert report that the applicant intends to rely on at the hearing of the application.

[1.23]Section 296 (2)

substitute

(2)The draft order must be signed by—

(a)each party to the application; and

(b)each person who will be required to comply with the order or who will be directly affected by the order.

[1.24]Section 303 (2)

substitute

(2)A proceeding for judicial review must be brought in accordance with the relevant rules of court.

[1.25]Section 309 (3)

substitute

(3)An appeal under subsection (1) must be brought in accordance with the relevant rules of court.

[1.26]Section 314 (3)

substitute

(3)  An appeal under subsection (1) must be brought in accordance with the relevant rules of court.

[1.27]Section 380 (5)

substitute

(5)This chapter does not limit the Magistrates Court Act 1930, part 3.10 (Criminal appeals) or another Territory law that makes provision about the appellate jurisdiction of the Supreme Court.

[1.28]Section 381

substitute

  1. Application of Magistrates Court Act etc

    (1)The provisions of the Magistrates Court Act 1930, division 3.10.2 (Appeals in criminal matters), other than section 219 (Barring right of appeal under div 3.10.2 if order to review granted) apply in relation to an appeal mentioned in section 380 (1) (a) or (b) as if—

    (a)the appeal were an appeal to which that division applied; and

    (b)the appeal were an appeal to which that Act, section 214 (Appeals in cases other than civil cases) applied; and

    (c)a reference in that division to the Magistrates Court were a reference to the Childrens Court; and

    (d)all other necessary changes, and any changes prescribed under the regulations, were made.

    (2)The provisions of the Magistrates Court Act 1930, part 4.5 (Civil appeals) apply in relation to an appeal mentioned in section 380 (1) (c) or (2) as if—

    (a)it were an appeal from a judgment or order mentioned in that Act, section 274 (2) ; and

    (b)all other necessary changes, and any changes prescribed under the regulations, were made.

    (3)The provisions of the Magistrates Court Act 1930 division 3.10.3 (Orders to review in criminal matters) apply in relation to an appeal mentioned in section 380 (1) (d), (e), (f), (g) or (h) as if—

    (a)it were an appeal from—

    (i)for an appeal mentioned in section 380 (1) (d)—an order mentioned in that Act, section 219 B (1) (a); or

    (ii)for an appeal mentioned in section 380 (1) (e)—an order mentioned in that Act, section 219B (1) (c); or

    (iii)for an appeal mentioned in section 380 (1) (f)—a decision mentioned in that Act, section 219B (1) (e); or

    (iv)for an appeal mentioned in section 380 (1) (g)—a decision mentioned in that Act, section 219B (1) (d); or

    (v)for an appeal mentioned in section 380 (1) (h)—a decision mentioned in that Act, section 219B (1) (f).

    (b)all other necessary changes, and any changes prescribed under the regulations, were made.

[1.29]Section 382

omit

division 11.3 (Orders to review)

substitute

division 3.10.3 (Orders to review in criminal matters)

Part 1.7Chiropractors and Osteopaths Act 1983

[1.30]Section 43 (2)

omit

Arrest on Mesne Process Act 1902, part 2

substitute

Court Procedures Act 2004, sections 63 to 69

[1.31]New section 43 (3)

insert

(3)Subsection (2) and this subsection expire on the existing rules expiry day under the Court Procedures Act 2004, section 60 (3).

Part 1.8Civil Law (Wrongs) Act 2002

[1.32]Section 91

omit

Part 1.9Commercial Arbitration Act 1986

[1.33]Section 17

substitute

  1. Subpoenas to attend etc

    (1)On application by a party to an arbitration agreement, the court may issue a subpoena requiring a person—

    (a)to attend for examination before the arbitrator or umpire; or

    (b)to attend for examination and produce stated documents to the arbitrator or umpire.

    (2)A person may not be compelled under the subpoena to answer any question or produce any document that the person could not be compelled to answer or produce on the trial of an action.

[1.34]Section 18 heading

substitute

  1. Failure to attend before arbitrator or umpire etc

[1.35]Section 18 (1) (a)

omit

refuses or

[1.36]Section 18 (1) (a)

omit

or summons

[1.37]Section 18 (1) (b) (i), (ii) and (iii)

omit

refuses or

[1.38]Section 18 (1) (b) (iii)

omit

or summons

[1.39]Section 18 (1) (c) and (3) (a)

omit

refuses or

[1.40]Section 18 (3) (a)

omit

or summons

Part 1.10Common Boundaries Act 1981

[1.41]Section 2, definitions of conference

omit

[1.42]Section 2, definition of conference notice

substitute

conference notice means a notice for the holding of a conference under the rules.

NoteIf a form is approved under the Court Procedures Act 2004 for the notice, the form must be used.

[1.43]Section 2, definition of inquiry notice

substitute

inquiry notice means a notice for the holding of an inquiry under the rules.

NoteIf a form is approved under the Court Procedures Act 2004 for the notice, the form must be used.

[1.44]Section 2, new definition of rules

insert

rules means rules under the Court Procedures Act 2004 applying in relation to the Small Claims Court.

[1.45]Section 4 (1), new note

insert

NoteIf a form is approved under the Court Procedures Act 2004 for this provision, the form must be used.

[1.46]Section 4 (3) and (4)

substitute

(3)The occupier of a parcel must not make application under subsection (1) unless—

(a)the occupier has given the occupier of the adjoining parcel (the other occupier) a notice asking the other occupier to discuss the erection of, and payment for, the fencing of the boundary between their parcels; and

(b)1 month has passed since the day the occupier gave the notice to the other occupier.

NoteIf a form is approved under the Court Procedures Act 2004 for this provision, the form must be used.

[1.47]Section 4 (6)

substitute

(6)On receiving an application under subsection (1), the registrar must—

(a)direct the holding of a conference between the parties; or

(b)if satisfied that there is not a reasonable possibility of the parties settling the issues in dispute at a conference—direct the holding of an inquiry into the application.

[1.48]Section 4 (9)

omit

[1.49]Section 4

renumber subsections when Act next republished under Legislation Act

[1.50]Section 5 (1)

substitute

(1)The Small Claims Court may hold an inquiry on an application under section 4 under a direction of the registrar under that section or the rules.

[1.51]Section 6 (1), new note

insert

NoteIf a form is approved under the Court Procedures Act 2004 for this provision, the form must be used.

[1.52]Section 6 (3)

substitute

(3)The occupier of a parcel must not make application under subsection (1) unless—

(a)the occupier has given the occupier of the adjoining parcel (the other occupier) a notice asking the other occupier to discuss the repair or replacement of the fence between their parcels; and

(b)1 month has passed since the day the occupier gave the notice to the other occupier.

NoteIf a form is approved under the Court Procedures Act 2004 for this provision, the form must be used.

[1.53]Section 6 (5), new note

insert

NoteIf a form is approved under the Court Procedures Act 2004 for this provision, the form must be used.

[1.54]Section 6 (7) and (8)

omit

[1.55]Section 6 (10)

substitute

(10)On receiving an application under subsection (1) or (5), the registrar must—

(a)direct the holding of a conference between the parties; or

(b)if satisfied that there is not a reasonable possibility of the parties settling the issues in dispute at a conference—direct the holding of an inquiry into the application.

[1.56]Section 6

renumber subsections when Act next republished under Legislation Act

[1.57]Section 7 (1)

substitute

(1)The Small Claims Court may hold an inquiry on an application under section 6 under a direction of the registrar under that section or the rules.

[1.58]Section 8 (1), new note

insert

NoteIf a form is approved under the Court Procedures Act 2004 for this provision, the form must be used.

[1.59]Section 8 (2)

omit

[1.60]Section 8 (4)

substitute

(4)On receiving an application under subsection (1), the registrar must—

(a)direct the holding of a conference between the parties; or

(b)if satisfied that there is not a reasonable possibility of the parties settling the issues in dispute at a conference—direct the holding of an inquiry into the application.

[1.61]Section 8 (7)

substitute

(7)The Small Claims Court may hold an inquiry on an application under subsection (1) under a direction of the registrar under subsection (4) (b) or the rules.

[1.62]Section 8

renumber subsections when Act next republished under Legislation Act

[1.63]Section 9 heading

substitute

  1. Costs—certain applications under Common Boundaries Act

[1.64]Section 9 (1)

omit

this division

substitute

the Common Boundaries Act 1981, division 2.1 (Fences requested by occupiers)

[1.65]Section 9 (2) (a)

omit

this division

substitute

the Common Boundaries Act 1981, division 2.1

[1.66]Section 9 (as amended)

relocate to Magistrates Court (Civil Jurisdiction) Rules 2004, part 18 as section 257A

[1.67]Section 11 (1) and (2), new note

insert

NoteIf a form is approved under the Court Procedures Act 2004 for this provision, the form must be used.

[1.68]Section 11 (3)

omit

[1.69]Section 11 (4)

substitute

(4)On receiving an application under subsection (1) or (2), the registrar must—

(a)direct the holding of a conference between the parties; or

(b)if satisfied that there is not a reasonable possibility of the parties settling the issues in dispute at a conference—direct the holding of an inquiry into the application.

[1.70]Section 11

renumber subsections when Act next republished under Legislation Act

[1.71]Section 12 (1)

substitute

(1)The Small Claims Court may hold an inquiry on an application under section 11 under a direction of the registrar under that section or the rules.

[1.72]Section 18 (3)

substitute

(3)This section does not limit the operation of any other Territory law (including the rules) that authorises or requires service of a document otherwise than as provided under this section.

[1.73]Section 19 (1) (b)

substitute

(b)an order (however described) under the rules in relation to the enforcement of a determination mentioned in paragraph (a).

[1.74]Part 4

omit

Part 1.11Community and Health Services Complaints Act 1993

[1.75]Section 39G (2)

substitute

(2)The Magistrates Court Act 1930, part 4.5 (Civil appeals), other than an excluded provision, applies in relation to the appeal.

NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including rules (see Legislation Act, s 104).

(3)In this section:

excluded provision means the following provisions of the Magistrates Court Act 1930:

·     section 274 (Cases in which appeal may be brought)

·     section 275 (Appeals—Small Claims Court).

Part 1.12Confiscation of Criminal Assets Act 2003

[1.76]Section 239 (1) note

substitute

NoteFor the amount the Magistrates Court may award for a personal action at law, see the Magistrates Court Act 1930, s 257.

[1.77]Section 239 (4) (b)

substitute

(b)title to land is genuinely in question in the proceeding if the Magistrates Court would not have jurisdiction to hear the proceeding under the Magistrates Court Act 1930, section 264 (Proceedings affecting title to land).

Part 1.13Consumer and Trader Tribunal Act 2003

[1.78]Section 17, note 2

substitute

Note 2A fee may be determined under the Court Procedures Act 2004 for this provision.

[1.79]Section 63

omit

Part 1.14Consumer Credit (Administration) Act 1996

[1.80]Section 78

substitute

  1. Referral of questions of law to Supreme Court

    (1)If the tribunal considers that a question of law raises an issue of public importance, the tribunal may refer the question to the Supreme Court.

    (2)The tribunal may act under subsection (1) on its own initiative or on application by a party.

[1.81]Division 4.5

substitute

Division 4.5               Appeals to Supreme Court

  1. Appeals from tribunal decisions

    (1)A party to a tribunal proceeding may, with the Supreme Court’s leave, appeal to the court on a question of law from a decision of the tribunal in the proceeding.

    (2)An appeal by a person under subsection (1) must be begun within—

    (a)28 days after the day a document setting out the tribunal’s decision is given to the person; or

    (b)if the person has asked for a statement of reasons under section 93 (2)—28 days after the day the statement is given to the person; or

    (c)any further time the Supreme Court allows (whether on, before or after a day mentioned in paragraph (a) or (b)).

    (3)The Supreme Court must decide the appeal, and may make any of the following orders:

    (a)an order confirming or setting aside the decision of the tribunal;

    (b)an order remitting the case to be heard and decided again, either with or without the hearing of further evidence, by the tribunal in accordance with the court’s directions;

    (c)an order for costs.

    (4)The Supreme Court may also make any other order the court considers appropriate.

    (5)This section applies in relation to a decision of the tribunal made on or after the day this section commences.

    (6)Subsection (5) and this subsection expire 1 year after the day this section commences.

  2. Appeals from Magistrates Court decisions

    (1)An appeal may be made to the Supreme Court from a decision of the Magistrates Court under the consumer credit legislation.

    (2)The Magistrates Court Act 1930, part 4.5 (Civil appeals) applies to a decision of the Magistrates Court under the consumer credit legislation as if it were a judgment or order of the court in a proceeding that it has jurisdiction to hear and decide under that Act, chapter 4 (Civil proceedings).

Part 1.15Coroners Act 1997

[1.82]Section 3 (1), definition of chief police officer

omit

[1.83]Section 3 (1), definition of custodial officer, paragraph (a)

substitute

(a)a police officer; or

[1.84]Section 16, note

omit

[1.85]Sections 43 heading

substitute

  1. Power of coroner to subpoena witnesses etc

[1.86]Sections 43, 44 and 45

omit

summons

substitute

subpoena

[1.87]Section 45 (2)

omit

members of the police force

substitute

police officers

[1.88]Section 45 (2) and (3)

omit

member of the police force

substitute

police officer

[1.89]Section 45 (5) (b) (i)

substitute

(i)the declaration is taken to be the declaration of the forfeiture of a recognisance under the Magistrates Court Act 1930, section 254 (Enforcement of recognisance); and

[1.90]Section 48 (2) (b)

substitute

(b)if a person appears before a coroner under a subpoena—require the person to give evidence or produce a document or thing stated in the subpoena.

[1.91]Section 49

substitute

  1. Record of proceedings

    (1)In this section:

    relevant provisions means the following provisions of the Magistrates Court Act 1930:

    ·     section 314 (Registrar to give directions for preparation of transcripts)

    ·     section 315 (Applications for transcripts)

    ·     section 316 (Record of proceedings)

    ·     section 317 (Record of proceedings and transcript).

    (2)The relevant provisions apply in relation to the depositions of a witness who gives evidence at a hearing as if the depositions were depositions in a proceeding in the Magistrates Court and as if—

    (a)a reference to the Magistrates Court were a reference to a coroner; and

    (b)a reference to the registrar of the Magistrates Court were a reference to the registrar of the Coroner’s Court; and

    (c)in section 315—the following subsection were substituted for subsection (2):

    ‘(2)A person is entitled to a copy of a record made at an inquest or inquiry only if the person has satisfied the registrar or a coroner that the person has good reason for applying for the copy.’; and

    (d)in section 316 (6)—proceedings at an inquest or inquiry were proceedings mentioned in that subsection; and

    (e)all other necessary changes, and any changes prescribed under the regulations, were made.

[1.92]Sections 62 (2) and 79 (1)

omit

summons

substitute

subpoena

[1.93]Section 85

omit

summoned

substitute

subpoenaed

[1.94]Sections 85 (c) and 98

omit

summons

substitute

subpoena

[1.95]Section 101

omit

Part 1.16Court Security Act 2001

[1.96]Section 5 (1) (b)

omit

Act

substitute

part

[1.97]Section 5 (2) (f)

substitute

(f)the Magistrates Court Act 1930, section 310 (Hearings generally to be in public); and

[1.98]Section 13 (1)

omit everything before paragraph (a), substitute

(1)If a person contravenes a requirement of a security officer under section 44 (Person may be required to state name etc), section 45 (Searches) or section 47 (Security officer may require thing that may hide firearms etc to be left), a security officer may require the person—

[1.99]Sections 5 to 13 (as amended) and 15 to 17

relocate to Court Procedures Act 2004, part 5 as sections 41 to 52

[1.100]Dictionary, definition of custodial escort

omit

[1.101]Dictionary, definition of security officer, paragraph (c)

substitute

(c)a person who is appointed as a security officer under section 51.

[1.102]Dictionary, definitions (as amended)

relocate to Court Procedures Act 2004, part 5 in section 40

Part 1.17Crimes Act 1900

[1.103]Section 192 (1)

omit

section 56 (4)

substitute

section 57 (5)

[1.104]Section 192 (1)

omit

section 72 (2)

substitute

section 73 (2)

[1.105]Section 192 (5) (a) and (b)

substitute

(a)a firearm, ammunition or licence has been seized under subsection (1) for the purpose of enforcing an order mentioned in that subsection; and

(b)the licence has not been cancelled or suspended under the Protection Orders Act 2001, section 38, section 57 or section 73.

[1.106]Section 252, note

substitute

Note 1If a form is approved under s 443 for a certificate, the form must be used.

Note 2If a form is approved under the Court Procedures Act 2004 for a warrant, the form must be used.

[1.107]Section 300, definition of defendant

substitute

defendant—see the Magistrates Court Act 1930, section 18A.

[1.108]Section 350 (3), note

substitute

NoteIf a form is approved under the Court Procedures Act 2004 for this provision, the form must be used.

[1.109]Section 357 (1) (a)

substitute

(a)a document has been filed in the court in relation to the convicted person; and

NoteIf a form is approved under the Court Procedures Act 2004 for this provision, the form must be used.

[1.110]Section 408 (4), note

substitute

NoteIf a form is approved under the Court Procedures Act 2004 for this provision, the form must be used.

[1.111]Section 439

omit

Part 1.18Crimes (Forensic Procedures) Act 2000

[1.112]Dictionary, definition of warrant

omit

division 4.5

substitute

division 3.3.4 (Warrants of arrest)

Part 1.19Crown Proceedings Act 1992

[1.113]Sections 6 and 9

omit

Act

substitute

division

[1.114]Section 12 (2)

omit

shall

substitute

must

[1.115]Section 12 (3), definition of Territory authority

substitute

Territory authority means a corporation established under an Act, but does not include a body declared under the Financial Management Act 1996, section 3B not to be a Territory authority.

[1.116]Section 13 (7)

substitute

(7)In this section:

Territory Crown—see section 28 (3).

[1.117]Section 14

omit

Act

substitute

part

[1.118]Sections 5 to 14 (as amended)

relocate to Court Procedures Act 2004, division 4.2 as sections 21 to 31

[1.119]Section 15 (1)

substitute

(1)If a proceeding is brought against the Territory, a statement containing the information prescribed under the regulations (if any) must be endorsed on, or annexed to, the process by which the proceeding is begun.

[1.120]Section 15 (2)

omit

Crown

[1.121]Section 15 (as amended)

relocate to Court Procedures Act 2004, division 4.3 as section 32

[1.122]Section 16 (1)

omit

Crown

[1.123]Section 16 (2) (a)

omit

Act

substitute

part

[1.124]Section 16 (2) (b)

omit

Crown

substitute

Territory

[1.125]Section 16 (as amended)

relocate to Court Procedures Act 2004, division 4.3 as section 33

[1.126]Section 17 (1)

omit

of the Crown

[1.127]Section 17

omit

shall

substitute

must

[1.128]Section 17 (as amended)

relocate to Court Procedures Act 2004, division 4.3 as section 34

[1.129]Section 18 (1)

substitute

(1)In any legal proceeding, a document apparently signed by the Attorney-General is presumed to have been signed by the Attorney-General in the absence of evidence to the contrary.

[1.130]Section 18 (2)

omit

shall

substitute

must

[1.131]Section 18 (as amended)

relocate to Law Officers Act 1992 as section 5B

[1.132]Section 19

substitute

  1. Representation if right to legal representation restricted

    (1)This section applies to a proceeding if—

    (a)the Territory or Attorney-General is a party to the proceeding; and

    (b)an Act removes or restricts the right of a party to the proceeding to be represented by a lawyer.

    (2)The Territory or Attorney-General may be represented by a public servant (other than a lawyer, articled clerk or person who holds legal qualifications under a Territory law or the law of another place) who is authorised to conduct the proceeding on behalf of the Territory or Attorney-General.

    (3)In the proceeding, a document apparently signed by a relevant person that appears to be an authorisation under subsection (2) must be accepted as an authorisation in the absence of evidence to the contrary.

    (4)In this section:

    relevant person means—

    (a)a Minister; or

    (b)a chief executive; or

    (c)the chief executive officer of a Territory agency or instrumentality.

[1.133]Sections 19 (as amended)

relocate to Court Procedures Act 2004, division 4.3 as section 35

[1.134]Section 20

omit

Act

substitute

part

[1.135]Section 21

substitute

  1. Regulations for pt 4

    The regulations may make provision in relation to—

    (a)the details to be stated or to accompany process served on the Territory; and

    (b)the service of process or other documents under this part.

[1.136]Sections 20 and 21 (as amended)

relocate to Court Procedures Act 2004, division 4.4 as sections 36 and 37

Part 1.20Dental Technicians and Dental Prosthetists Registration Act 1988

[1.137]Section 41 (4)

omit

Arrest on Mesne Process Act 1902, part 2

substitute

Court Procedures Act 2004, sections 63 to 69

[1.138]New section 41 (5)

insert

(5)Subsection (4) and this subsection expire on the existing rules expiry day under the Court Procedures Act 2004, section 60 (3).

Part 1.21Dentists Act 1931

[1.139]Section 78 (4)

omit

Arrest on Mesne Process Act 1902, part 2

substitute

Court Procedures Act 2004, sections 63 to 69

[1.140]New section 78 (5)

insert

(5)Subsection (4) and this subsection expire on the existing rules expiry day under the Court Procedures Act 2004, section 60 (3).

Part 1.22Discrimination Act 1991

[1.141]Section 108D

substitute

108DStatement of reasons

(1)This section applies if—

(a)the tribunal makes a decision in a hearing; and

(b)within 14 days after the day the decision is made a party to the hearing asks for a statement of reasons for the making of the decision.

(2)The tribunal must give the party a written statement of reasons for the making of the decision.

NoteThe Legislation Act, s 179 deals with what must be included in a statement of reasons.

108DAReferral of questions of law to Supreme Court

(1)If the tribunal considers that a question of law raises an issue of public importance, the tribunal may refer the question to the Supreme Court.

(2)The tribunal may act under subsection (1) on its own initiative or on application by a party.

108DBAppeals from tribunal decisions

(1)A party to a tribunal hearing may, with the Supreme Court’s leave, appeal to the court on a question of law from a decision of the tribunal in the hearing.

(2)An appeal by a person under subsection (1) must be begun within—

(a)28 days after the day the person is given written notice of the tribunal’s decision under section 102 (5); or

(b)any further time the Supreme Court allows (whether on, before or after the day mentioned in paragraph (a)).

(3)The Supreme Court must decide the appeal, and may make any of the following orders:

(a)an order confirming or setting aside the decision of the tribunal;

(b)an order remitting the case to be heard and decided again, either with or without the hearing of further evidence, by the tribunal in accordance with the court’s directions;

(c)an order for costs.

(4)The Supreme Court may also make any other order the court considers appropriate.

(5)This section applies in relation to a decision of the tribunal made on or after the day this section commences.

(6)Subsection (5) and this subsection expire 1 year after the day this section commences.

Part 1.23Domestic Relationships Act 1994

[1.142]Section 10 (2)

omit

determine

substitute

decide

[1.143]Section 10 (2) (b)

omit

with respect

substitute

in relation

[1.144]Section 10 (3), definition of jurisdictional limit

substitute

jurisdictional limit means the maximum amount that may be claimed in a personal action at law that the Magistrates Court has jurisdiction to hear and decide under the Magistrates Court Act 1930.

Part 1.24Earnings (Assignment and Attachment) Act 1966

[1.145]Section 4, definition of earnings

omit everything after

illness or

to

(Cwlth).

substitute

injury.

[1.146]Section 4, definition of earnings (as amended)

relocate to Court Procedures Act 2004 in section 53 (3)

[1.147]Section 4, remaining definitions

relocate to Court Procedures Act 2004 in section 76

[1.148]Section 5

relocate to Court Procedures Act 2004, division 7.3 as section 77

Part 1.25Electoral Act 1992

[1.149]Section 264 (1)

omit

in accordance with the Supreme Court Rules

Part 1.26Evidence Act 1971

[1.150]Section 41

omit

[1.151]Sections 42 and 45

after

appropriate rules of court

insert

under the Court Procedures Act 2004

Part 1.27Government Procurement Act 2001

[1.152]Section 45 (3)

substitute

(3)Interest is payable at the rate worked out in accordance with the rules under the Court Procedures Act 2004 applying to the Supreme Court as if the unpaid amount were a judgment of the Supreme Court.

Part 1.28Guardianship and Management of Property Act 1991

[1.153]Section 56 (3)

omit everything before paragraph (a), substitute

(3)An appeal must be made—

[1.154]Section 56 (4)

omit

determine

substitute

decide

Part 1.29Health Professions Boards (Procedures) Act 1981

[1.155]Section 34 (2), note

omit

Part 1.30Health Records (Privacy and Access) Act 1997

[1.156]Section 32 (2)

substitute

(2)The Magistrates Court Act 1930, part 4.5 (Civil appeals), other than an excluded provision, applies in relation to the appeal.

NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including rules (see Legislation Act, s 104).

(3)In this section:

excluded provision means the following provisions of the Magistrates Court Act 1930:

·     section 274 (Cases in which appeal may be brought)

·     section 275 (Appeals—Small Claims Court).

Part 1.31Judgment Creditors Remedies Act 1901

[1.157]Section 19

omit

Act

substitute

division

[1.158]Section 21

substitute

  1. Exception for certain actions

    Section 87 and section 88 do not apply to a writ issued for libel, slander or any malicious injury.

[1.159]Sections 19 to 26 (as amended)

relocate to Court Procedures Act 2004, division 7.6 as sections 87 to 93

Part 1.32Judiciary (Stay of Proceedings) Act 1933

[1.160]Section 5

substitute

  1. Recission or variation of previous direction or order

    (1)A court may, on the application of any party, rescind or vary any direction or order previously made by it under this division.

    (2)In this section:

    party means party to the proceeding in connection with which the direction or order was made.

[1.161]Sections 3 to 5 (as amended)

relocate to Court Procedures Act 2004, division 7.4 as sections 80 to 82

Part 1.33Juries Act 1967

[1.162]Sections 23, 24 (11) and 42B, notes

omit

[1.163]Section 44AA (4)

substitute

(4)An order under subsection (3) (a) is enforceable as if it were a judgment given by the Magistrates Court in a personal action at law that it has jurisdiction to hear and decide under the Magistrates Court Act 1930, chapter 4 (Civil proceedings).

Part 1.34Leases (Commercial and Retail) Act 2001

[1.164]Section 144 (1)

omit

determine

substitute

decide

[1.165]Section 144 (3) (a)

substitute

(a)exercise any power that could be exercised by the court under the Magistrates Court Act 1930, chapter 4 (Civil proceedings); and

NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and rules (see Legislation Act, s 104).

[1.166]Section 145 (2)

substitute

(2)An application in relation to a dispute to which this Act applies cannot be made under the Magistrates Court Act 1930, chapter 4 (Civil proceedings)

NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and rules (see Legislation Act, s 104).

[1.167]Section 151 (2) and (4)

omit

Magistrates Court (Civil Jurisdiction) Act 1982

substitute

Magistrates Court (Civil Jurisdiction) Rules 2004

[1.168]New section 151 (5)

insert

(5)Subsections (2) and (4) and this subsection expire on the existing rules expiry day under the Court Procedures Act 2004, section 60 (3) or, if the rules under that Act fix an earlier day for this subsection, that day.

[1.169]Section 156 (a)

omit

affirming

substitute

confirming

[1.170]Section 158 (2)

substitute

(2)The regulations may provide that words used in a lease, or a mortgage for leased premises have a wider meaning than that set out in the lease or mortgage, and may prescribe the meaning.

Part 1.35Legal Aid Act 1977

[1.171]Section 95A (2)

substitute

(2)The amount of interest must be worked out at the rate percentage per year as follows:

(a)if the amount under section 31 is payable on or after 15 July 1992 but before the day mentioned in paragraph (b)—

(i)for 15 July 1992 to and including 14 January 1993—11.5%; and

(ii)for 15 January 1993 to and including 31 January 1994—10%; and

(iii)for 1 February 1994 to and including 31 July 1995—9%; and

(iv)for 1 August 1995 to and including 31 March 1997—10.75%; and

(v)for 1 April 1997 to and including 30 April 1998—9.55%; and

(vi)for 1 May 1998 to and including the day before the day mentioned in paragraph (b)—8.45%;

(b)if the amount under section 31 is payable on or after the day the Court Procedures Act 2004 commences—at the rate applying under the rules under that Act applying in relation to the Supreme Court.

Part 1.36Legal Practitioners Act 1970

[1.172]Section 136, definition of pecuniary loss, paragraph (c)

omit

under the rules of court for the Supreme Court Act 1933, section 70

substitute

in accordance with the rules under the Court Procedures Act 2004 applying to interest on judgments in the Supreme Court

Part 1.37Legislation Act 2001

[1.173]Section 61 (12), definition of appropriate person, paragraph (b)

substitute

(b)for rules made or forms approved by the rule-making committee under the Court Procedures Act 2004—the secretary of the rule-making committee or someone else appointed by the Chief Justice for this definition; and

NoteFor the making of appointments (including acting appointments), see Legislation Act, pt 19.3.

(ba)for any other rules made, or forms approved, for a tribunal—the registrar of the tribunal; and

[1.174]Section 61 (12), definition of appropriate person

renumber paragraphs when Act next republished under Legislation Act

[1.175]Section 300 (1)

substitute

(1)The parliamentary counsel may delegate the parliamentary counsel’s functions under this Act or another Territory law to a public servant.

NoteFor the making of delegations and the exercise of delegated functions, see pt 19.4.

[1.176]Schedule 1, part 1.1, items about Set-off of Debts Act 1728, Set-off of Debts Act 1735, Foreign Tribunals Evidence Act 1856, Evidence by Commission Act 1859, Evidence by Commission Act 1885, Judgment Creditors Remedies Act 1901 and Arrest on Mesne Process Act 1902

omit

[1.177]Schedule 1, part 1.1

renumber items when Act next republished under Legislation Act

[1.178]Dictionary, part 1, new definition of Small Claims Court

insert

Small Claims Court means the Magistrates Court when it is exercising jurisdiction under the Magistrates Court Act 1930, part 4.6.

Part 1.38Liquor Act 1975

[1.179]Section 170, note

omit

Part 1.39Litter Act 1977

[1.180]Section 11 (2)

substitute

(2)An order under subsection (1) is enforceable as if it were a judgment given by the Magistrates Court in a personal action at law that it has jurisdiction to hear and decide under the Magistrates Court Act1930, chapter 4 (Civil proceedings).

Part 1.40Magistrates Court Act 1930

[1.181]Part 1 heading

substitute

Chapter 1Preliminary

[1.182]New sections 2 and 3

insert

  1. Dictionary

    Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

    For example, the signpost definition ‘registered operator, for part 3.8 (Infringement notices for certain offences)—see the Road Transport (Vehicle Registration) Act 1999, dictionary.’ means that the term ‘registered operator’ is defined in that dictionary and applies to part 3.8.

    Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

  2. Notes

    (1)A note included in this Act is explanatory and is not part of this Act.

    NoteSee Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

    (2)In this section:

    note includes material enclosed in brackets in section headings.

    NoteFor comparison, a number of sections of this Act contain bracketed notes (eg MC (CJ) Act, s 4) in their headings drawing attention to equivalent or comparable (though not necessarily identical provisions of the Magistrates Court (Civil Jurisdiction) Act 1982 (repealed).

    (3)Subsection (2), this subsection, and the material enclosed in brackets in section headings, expire 1 year after the day this section commences.

[1.183]Sections 5 and 6

omit

[1.184]New chapter 2 heading and part 2.1 heading

after section 6, insert

Chapter 2Magistrates Court and magistrates

Part 2.1The court

Explanatory note

Existing section 18 is relocated to this part as section 4 by another amendment in this schedule.

[1.185]Part 2

renumber as part 2.2

[1.186]Division 2.1 heading

substitute

Division 2.2.1           Appointment of magistrates

[1.187]Section 6A heading

substitute

6AMeaning of magistrate in div 2.2.1

[1.188]Section 10G

omit

(1)

[1.189]Division 2.2

renumber as division 2.2.2

[1.190]Division 2.3 heading

substitute

Division 2.2.3           Registrar and other court officers

[1.191]Division 2.4

renumber as division 2.2.4

[1.192]Section 16 (3)

omit

[1.193]New part 2.3 heading

after section 17, insert

Part 2.3Protection of magistrates in execution of their office

Explanatory note

Existing sections 231 to 243 are relocated to this part as sections 17A to 17K by another amendment in this schedule.

[1.194]Part 3 heading and division 3.1 heading

omit

[1.195]Section 18 (1)

substitute

(1)The Magistrates Court is continued in existence.

[1.196]Section 18 (3)

omit

determination

substitute

deciding

[1.197]Section 18 (as amended)

relocate to part 2.1 as section 4

[1.198]New chapter 3 heading and part 3.1

after section 18, insert

Chapter 3Criminal proceedings

Part 3.1Preliminary

18ADefinitions for ch 3

In this chapter:

administrator means the remand centre administrator.

Crimes Act means the Crimes Act 1900.

decision includes a committal for trial, admission to bail, and a conviction, order or other decision.

defendant means a person against whom an information is laid.

escort means a custodial escort.

superintendent, for a remand centre, means the superintendent for the centre under the Remand Centres Act 1976.

[1.199]Division 3.2 heading

substitute

Part 3.2Criminal jurisdiction

[1.200]Section 19 (1)

omit

determined

substitute

decided

[1.201]Section 23 (2)

omit

subsection (1)

substitute

subrule (1)

[1.202]Section 23 (2)

omit

section 116D

substitute

the Magistrates Court Act 1930, section 116D (Pleas to prescribed offence)

[1.203]Section 23 (3)

omit

section 116B

substitute

the Magistrates Court Act 1930, section 116B (Service of summons for prescribed offence)

[1.204]Section 23 (3) (b)

omit

section 116E (3)

substitute

the Magistrates Court Act 1930, section 116E (3) (Procedure if plea of guilty entered)

[1.205]Section 23 (3) (c)

omit

section 116F or 116H

substitute

the Magistrates Court Act 1930, section 116F (Procedure if notice of intention to defend given) or section 116H (Restricted penalties under pt 3.7)

[1.206]Section 23 (4)

omit

subsection (3)

substitute

subrule (3)

[1.207]Section 23 (7)

omit

this Act

substitute

the Magistrates Court Act 1930

[1.208]Section 23 (8)

omit

this section

substitute

this rule

[1.209]Section 23 (9)

omit

subsection (8)

substitute

subrule (8)

[1.210]Section 23 (as amended)

relocate to Magistrates Court Rules 1932, part 4 as rule 10

[1.211]Section 23AA (1)

omit

subsection (2)

substitute

subrule (2)

[1.212]Section 23AA (2)

omit

subsection (1)

substitute

subrule (1)

[1.213]Section 23AA (2)

omit

section 116D

substitute

the Magistrates Court Act 1930, section 116D (Pleas to prescribed offence)

[1.214]Section 23AA (3) and (4)

omit

section

substitute

rule

[1.215]Section 23AA (4)

omit

this Act

substitute

the Magistrates Court Act 1930

[1.216]Section 23AA (as amended)

relocate to Magistrates Court Rules 1932, part 4 as rule 11

[1.217]Section 23A

omit

Explanatory note

This section is replaced by new section 263 that is inserted by another amendment in this schedule.

[1.218]Section 23B (13)

omit

part 11

substitute

part 3.10 (Criminal appeals)

[1.219]Part 4 heading

substitute

Part 3.3Beginning criminal proceedings

[1.220]Division 4.1 heading

substitute

Division 3.3.1           Beginning criminal proceedings—general

[1.221]Divisions 4.2, 4.4 and 4.5

renumber as divisions 3.3.2, 3.3.3 and 3.3.4

[1.222]Part 5 heading

substitute

Part 3.4Hearing of criminal proceedings

[1.223]Division 5.1 heading

substitute

Division 3.4.1           Hearing of criminal proceedings—general

[1.224]Section 51 heading

substitute

  1. Hearings generally to be in public

[1.225]Section 51 (1)

substitute

(1)The hearing of a proceeding before the Magistrates Court must be in public.

[1.226]Section 51 (2)

omit

If

substitute

However, if

[1.227]New section 51 (4) and (5)

insert

(4)Subsection (1)—

(a)does not apply in relation to a civil matter that, under another Territory law, may be dealt with otherwise than in open court; and

(b)is subject to any other Territory law that restricts who may be present at a hearing.

(5)This section applies in relation to the conduct of a conference or inquiry in the Small Claims Court as if—

(a)a reference to the hearing of a proceeding were a reference to the conduct of the conference or inquiry; and

(b)a reference to the magistrate presiding were a reference to the person presiding at the conference or inquiry; and

(c)all other necessary changes, and any other changes prescribed under the rules, were made.

[1.228]Section 51 (as amended)

relocate to part 5.2 as section 310

[1.229]Section 54A heading

substitute

54ARecord of proceedings

[1.230]Section 54A (6) (iii)

omit

section 23A

substitute

section 263 (Requests under conventions relating to legal proceedings in civil and commercial matters)

[1.231]Section 54A (as amended)

relocate to part 5.2 as section 316

[1.232]Division 5.2 heading

substitute

Division 3.4.2           Evidence in criminal proceedings

[1.233]Section 60 (1), (2) (b) (i) and (3) (a)

omit

section 54A (2)

substitute

section 316 (2)

[1.234]Section 60 (3) (b)

omit

section 255B (2) or 255C (6)

substitute

section 314 (2) or section 315 (6)

[1.235]Section 60 (4) (a)

omit

section 54A (3)

substitute

section 316 (3)

[1.236]Section 60 (4) (b)

omit

section 255C (6)

substitute

section 315 (6)

[1.237]Section 60 (5), definition of recording apparatus

omit

section 54A (2)

substitute

section 316 (2)

[1.238]Section 60 (as amended)

relocate to part 5.2 as section 317

[1.239]Section 60A

relocate to Magistrates Court Rules 1932, part 4 as rule 12

[1.240]Section 61 heading

substitute

  1. Power of magistrate to subpoena witness

[1.241]Section 61 (1)

omit

summons

substitute

subpoena

[1.242]Section 61 (as amended)

relocate to Magistrates Court Rules 1932, part 4 as rule 13

[1.243]Section 62

omit

summons

substitute

subpoena

[1.244]New section 62 (4)

insert

(4)In this rule:

subpoena includes summons.

[1.245]Section 62 (as amended)

relocate to Magistrates Court Rules 1932, part 4 as rule 14

[1.246]Section 62A

relocate to Magistrates Court Rules 1932, part 4 as rule 15

[1.247]Section 63

omit

If

substitute

(1)If

[1.248]Section 63 (b) and (c)

omit

summons

substitute

subpoena

[1.249]New section 63 (2) and (3)

insert

(2)In this section:

subpoena includes summons.

(3)Subsection (2) and this subsection expire on the existing rules expiry day under the Court Procedures Act 2004, section 60 (3).

[1.250]Section 64

omit

summons

substitute

subpoena

[1.251]Section 66 (1)

omit

summon

substitute

subpoena

[1.252]Section 66 (2)

omit

summons

substitute

subpoena

[1.253]Section 66 (2)

omit

duces tecum

[1.254]Section 66 (as amended)

relocate to Magistrates Court Rules 1932, part 4 as rule 16

[1.255]Section 66A

omit

summons

substitute

subpoena

[1.256]Section 66A (1)

omit

section 61 or 66

substitute

rule 13 (Power of magistrate to subpoena witness) or rule 16 (Production of documents before magistrate)

[1.257]Section 66A (as amended)

relocate to Magistrates Court Rules 1932, part 4 as rule 17

[1.258]Section 67 heading

omit

Territory

substitute

the ACT

[1.259]Section 67 (1)

omit

Territory

substitute

ACT

[1.260]Section 67 (4)

omit

section 54A

substitute

section 316 (Recordings of proceedings)

[1.261]Section 67 (as amended)

relocate to part 5.2 as section 318

[1.262]Sections 67A and 67B

omit

[1.263]Section 68

omit

section 67

substitute

section 318

[1.264]Section 68

omit

summoned

substitute

required by subpoena

[1.265]Section 68 (as amended)

relocate to part 5.2 as section 319

[1.266]Section 69 (1)

omit

section 67

substitute

section 318

[1.267]Section 69 (1) (a)

omit

section 54A

substitute

section 316

[1.268]Section 69 (3)

omit

Territory

substitute

ACT

[1.269]Section 69 (as amended)

relocate to part 5.2 as section 320

[1.270]Division 5.3

renumber as division 3.4.3

[1.271]Section 72B

omit

where section 254B

substitute

if section 311 (Appearance by audiovisual or audio links)

[1.272]Division 5.4

renumber as division 3.4.4

[1.273]Section 73A

substitute

73AExtended application of div 3.4.4

(1)This division applies in relation to a person for whom a warrant prescribed under the rules has been issued under the rules as if all necessary changes, and any changes prescribed under the rules, were made.

(2)This section does not limit any other application of this division.

[1.274]Section 76

omit

section 255AB

substitute

section 312 (Failure to give evidence—committal)

[1.275]Section 78

omit

the provisions of division 4.5

substitute

division 3.3.4 (Warrants of arrest)

[1.276]Division 5.5 heading

substitute

Division 3.4.5           Adjournment of criminal proceedings

[1.277]Part 6 heading

substitute

Part 3.5Proceedings for indictable offences

[1.278]Division 6.1A

renumber as division 3.5.1

[1.279]Section 88A heading

substitute

88AMeaning of jury in pt 3.5

[1.280]Division 6.1 heading

substitute

Division 3.5.2           Indictable offences—beginning of proceedings

[1.281]Section 90A (12) (b)

substitute

(b)the Supreme Court may exercise any power that the Magistrates Court might have exercised under division 3.4.3 (Remand) if the order had been an order made by the Magistrates Court adjourning the proceedings to the specified time and place, and that division applies in relation to the accused person.

[1.282]Division 6.2 heading

substitute

Division 3.5.3           Indictable offences—proceedings after hearing of evidence

[1.283]Section 95 (d)

omit

section 54A (3)

substitute

section 316 (3)

[1.284]Section 95 (e)

omit

section 54A (2)

substitute

section 316 (2)

[1.285]Division 6.2A heading

substitute

Division 3.5.4           Indictable offences—costs

[1.286]Division 6.3 heading

substitute

Division 3.5.5           Indictable offences—witness recognisances

[1.287]Division 6.4 heading

substitute

Division 3.5.6           Indictable offences—other provisions

[1.288]New section 105A

in division 3.5.6, insert

105AReferences to certified copies of depositions

In this division, a reference to a certified copy of depositions is a reference to—

(a)if a record of the depositions was made in accordance with section 316 (2)—a transcript of the record certified in accordance with section 314 (2); or

(b)if the depositions were taken down in writing and signed in accordance with section 316 (3)—the depositions as taken down and signed.

[1.289]Part 7

renumber as part 3.6

[1.290]Section 108A (b)

omit

Territory

substitute

ACT

[1.291]Part 7A

renumber as part 3.7

[1.292]Section 116A heading

substitute

116AInterpretation for pt 3.7

[1.293]Section 116A (1), new definition of law in force in the ACT

insert

law in force in the ACT includes a statute of the Australian National University about parking or traffic.

[1.294]Section 116A (4)

omit

[1.295]Section 116AA heading

substitute

116AAMeaning of prescribed offence for pt 3.7

[1.296]Section 116AA (1)

omit

Territory

substitute

ACT

[1.297]Section 116B heading

substitute

166BService of summons for prescribed offence

[1.298]Section 116B, new note

insert

NoteIf a form is approved under the Court Procedures Act 2004 for this provision, the form must be used.

[1.299]Section 116D heading

substitute

116DPleas to prescribed offence

[1.300]Section 116H heading

substitute

116HRestricted penalties under pt 3.7

[1.301]Section 116I (c)

omit

section 23

substitute

the rules

[1.302]Part 8

renumber as part 3.8

[1.303]Division 8.1

renumber as division 3.8.1

[1.304]Section 117 heading

substitute

  1. Definitions for pt 3.8

[1.305]Section 117, definition of authorised person

substitute

authorised person—see section 134A (3).

[1.306]Section 118 heading

substitute

  1. Purpose and effect of pt 3.8

[1.307]Division 8.2

renumber as division 3.8.2

[1.308]Division 8.3 heading

substitute

Division 3.8.3           Disputing liability for infringement notices

[1.309]Division 8.4 heading

substitute

Division 3.8.4           Infringement notices—other provisions

[1.310]Part 9 heading

substitute

Part 3.9Enforcement of criminal decisions

[1.311]Division 9.1 heading

substitute

Division 3.9.1           Enforcement of criminal decisions—general

[1.312]Division 9.2

renumber as division 3.9.2

[1.313]Section 146 heading

substitute

  1. Definitions for div 3.9.2

[1.314]Section 146, definition of chief police officer

omit

[1.315]Section 146, definition of Territory entity

substitute

Territory entity—see the Auditor-General Act 1996, dictionary.

[1.316]Section 150 (1) (a)

omit

section 248A (1)

substitute

the Court Procedures Act 2004, part 3 (Court and tribunal fees)

[1.317]Section 154A (3) (b) (i)

substitute

(i)the person has been served with the summons in accordance with the Magistrates Court (Civil Jurisdiction) Rules 2004, section 297 as applied by rule 20; or

[1.318]Section 154A (3)

omit everything after paragraph (b), substitute

the registrar must issue a warrant in accordance with the Magistrates Court (Civil Jurisdiction) Rules 2004, section 303 as applied by rule 20 for the apprehension of the person to whom the summons was directed.

[1.319]Section 154A (4)

omit

subsection (1)

substitute

subrule (1)

[1.320]New section 154A (5)

insert

(5)In this rule:

fine—see the Magistrates Court Act 1930, section 146.

[1.321]Section 154A (as amended)

relocate to Magistrates Court Rules 1932, part 4 as rule 18

[1.322]Section 154B (1)

substitute

(1)If the registrar is satisfied that a fine defaulter has the capacity to pay an outstanding fine, the registrar may—

(a)make a garnishee order under the Magistrates Court (Civil Jurisdiction) Rules 2004, section 319 as applied by rule 20 in relation to the outstanding fine; or

(b)issue a writ of execution under the Magistrates Court (Civil Jurisdiction) Rules 2004, section 343 (2) and (3) as applied by rule 20 against goods of the fine defaulter to enforce the outstanding fine.

[1.323]New section 154B (3)

insert

(3)In this rule:

fine defaulter—see the Magistrates Court Act 1930, section 146.

outstanding fine—see the Magistrates Court Act 1930, section 146.

[1.324]Section 154B (as amended)

relocate to Magistrates Court Rules 1932, part 4 as rule 19

[1.325]Section 154C heading

substitute

154CApplication of Magistrates Court (Civil Jurisdiction) Rules, pt 19

[1.326]Section 154C (1)

substitute

(1)The purpose of this rule is to ensure, as far as practicable, that—

(a)a fine defaulter may be examined under rule 18 (Ascertainment of capacity to pay fine) and dealt with in the same way as a judgment debtor in relation to whom an examination summons has been issued; and

(b)a garnishee order under rule 19 has the same effect as a garnishee order in relation to a judgment debtor; and

(c)a writ of execution under rule 19 has the same effect as a writ of execution against goods of a judgment debtor.

[1.327]Section 154C (2)

omit

For subsection (1) (a), the Magistrates Court (Civil Jurisdiction) Act 1982

substitute

For subrule (1) (a), the Magistrates Court (Civil Jurisdiction) Rules 2004

[1.328]Section 154C (3)

omit

For subsection (1) (b), the Magistrates Court (Civil Jurisdiction) Act 1982

substitute

For subrule (1) (b), the Magistrates Court (Civil Jurisdiction) Rules 2004

[1.329]Section 154C (4)

omit

For subsection (1) (c), the Magistrates Court (Civil Jurisdiction) Act 1982

substitute

For subrule (1) (c), the Magistrates Court (Civil Jurisdiction) Rules 2004

[1.330]Section 154C (5)

omit

subsections (2), (3) and (4)

substitute

subrules (2), (3) and (4)

[1.331]Section 154C (5) (b)

omit

section 154B (1) (a)

substitute

rule 19 (1) (a)

[1.332]Section 154C (5) (c)

omit

section 154B (1) (b)

substitute

rule 19 (1) (b)

[1.333]Section 154C (6) and (7)

omit

subsection (2), (3) or (4)

substitute

subrule (2), (3) or (4)

[1.334]Section 154C (8) and (9)

substitute

(8)If—

(a)a provision of the Magistrates Court (Civil Jurisdiction) Rules 2004 applies in relation to a matter; and

(b)a provision of other rules or a determination under the Court Procedures Act 2004 also applies in relation to the matter; and

(c)the provision of the Magistrates Court (Civil Jurisdiction) Rules 2004 is applied to a corresponding matter by subrule (2), (3) or (4);

a reference in this rule to the applied provision mentioned in paragraph (c) includes a reference to the provision mentioned in paragraph (b).

(9)A reference in this rule to an applied provision by number is a reference to the provision so numbered of the Magistrates Court (Civil Jurisdiction) Rules 2004, as applied by subrule (2), (3) or (4).

(10)In this rule:

fine defaulter—see the Magistrates Court Act 1930, section 146.

[1.335]Section 154C (as amended)

relocate to Magistrate Court Rules 1932, part 4 as rule 20

[1.336]Section 157 (1)

omit

section 255A

substitute

section 313 (Commitment to remand centre)

[1.337]Division 9.2A

renumber as division 3.9.3

[1.338]Section 166A heading

substitute

166ADefinitions for div 3.9.3

[1.339]Section 166A, definition of State

omit

and the Jervis Bay Territory

[1.340]Section 166C (2) (c)

omit

the Magistrates Court (Civil Jurisdiction) Act 1982

substitute

the rules applying to civil proceedings in the Magistrates Court

[1.341]Section 166C (6)

omit

Notwithstanding section 190, if

substitute

If

[1.342]Division 9.6 heading

substitute

Division 3.9.4           Enforcement of criminal decisions—other provisions

[1.343]Section 191 heading

substitute

  1. Accounts to be kept of amounts received

[1.344]Section 191

omit

, in accordance with the approved form

[1.345]Section 191, new note

insert

NoteIf a form is approved under the Court Procedures Act 2004 for this provision, the form must be used.

[1.346]Part 11 heading

substitute

Part 3.10Criminal appeals

[1.347]Division 11.1 heading

substitute

Division 3.10.1        Criminal appeals—jurisdiction of Supreme Court

[1.348]Section 207 (1)

omit

under this Act

substitute

under this Act (other than chapter 4 (Civil proceedings))

[1.349]Section 207 (1) (a)

omit

division 11.2

substitute

division 3.10.2 (Appeals in criminal matters)

[1.350]Section 207 (1) (b)

omit

division 11.3

substitute

division 3.10.3 (Orders to review in criminal matters)

[1.351]Division 11.2 heading

substitute

Division 3.10.2        Appeals in criminal matters

[1.352]Section 208 heading

substitute

  1. Appeals to which division 3.10.2 applies

[1.353]Section 208 (1) (a)

omit

part 7, part 7A or section 255

substitute

part 3.6 (Proceedings for offences punishable summarily), part 3.7 (Service and pleading by post for certain offences) or section 290 (Contempt in face of court)

[1.354]Section 208 (1) (b)

omit

part 7

substitute

part 3.6

[1.355]Section 208 (1) (c)

omit

255, or part 7 or 7A

substitute

290, part 3.6 or part 3.7

[1.356]Section 214 (1)

substitute

(1)This section applies to an appeal mentioned in section 208 (Appeals to which div 3.10.2 applies).

[1.357]Section 218 (1) (a)

omit

affirm

substitute

confirm

[1.358]Section 218 (1) (c)

omit

determination

substitute

decision

[1.359]Section 219 heading

substitute

  1. Barring right of appeal under div 3.10.2 if order to review granted

[1.360]Section 219 (1)

omit

division 11.3

substitute

division 3.10.3 (Orders to review in criminal matters)

[1.361]Section 219 (2)

omit

division 11.3

substitute

division 3.10.3

[1.362]Division 11.3 heading

substitute

Division 3.10.3        Orders to review in criminal matters

[1.363]Section 219B (1) (a)

omit

part 7 or 7A

substitute

part 3.6 (Proceedings for offences punishable summarily) or part 3.7 (Service and pleading by post for certain offences)

[1.364]Section 219B (1) (b)

omit

part 7 or 7A

substitute

part 3.6 or part 3.7

[1.365]Section 219B (1) (c)

omit

part 7

substitute

part 3.6

[1.366]Section 219B (1) (f)

omit

part 7 or 7A or section 255

substitute

part 3.6, part 3.7 or section 290 (Contempt in face of court)

[1.367]Section 219F (2) (b)

omit

part 6

substitute

part 3.5

[1.368]Division 11.4 heading

substitute

Division 3.10.4        Criminal appeals—other provisions

[1.369]Part 12 heading

omit

[1.370]Sections 231 to 243

relocate to part 2.3 as sections 17A to 17K

[1.371]Part 13 heading

substitute

Part 3.11Costs in criminal matters

[1.372]Section 244 heading

substitute

  1. Award of costs in criminal matters

[1.373]Section 244 (d)

substitute

(d)an amount awarded or ordered to be paid by an informant, or to a defendant, for costs may be recovered under the rules about the enforcement of judgments of the court in civil proceedings;

[1.374]Section 244 (f)

omit

summoned; but their allowance for attendance shall in no case exceed the highest rate of allowance prescribed;

substitute

subpoened.

[1.375]Section 244 (g)

omit

[1.376]Section 247

omit

section 244

substitute

the Magistrates Court Act 1930, section 244 (Award of costs in criminal matters)

[1.377]Section 247 (as amended)

relocate to Magistrates Court Rules 1932, part 4 as rule 21

[1.378]Part 13A

omit

[1.379]Part 14 heading

substitute

Part 3.12Securities in criminal matters

[1.380]Section 249

omit

under this Act

substitute

under this Act (other than chapter 4 (Civil proceedings))

[1.381]Section 249 (1)

omit

, in such manner and form as are prescribed

[1.382]Section 249 (1), new note

insert

NoteIf a form is approved under the Court Procedures Act 2004 for this provision, the form must be used.

[1.383]Section 249 (2)

omit

or as is prescribed

[1.384]Sections 250 to 253

omit

under this Act

substitute

under this Act (other than chapter 4 (Civil proceedings))

[1.385]Section 254A

relocate to part 5.2 as section 309

[1.386]New chapter 4

after section 254A, insert

Chapter 4Civil proceedings

Part 4.1Preliminary

  1. Application of ch 4 ((MC (CJ) Act, s 4)

    This chapter does not apply in relation to—

    (a)a proceeding under the Protection Orders Act 2001; or

    (b)a proceeding under the Workers Compensation Act 1951; or

    (c)a proceeding on an information for an offence.

Part 4.2Civil jurisdiction

  1. Personal actions at law—amount or value (MC (CJ) Act, s 5)

    (1)The Magistrates Court has jurisdiction to hear and decide any personal action at law if the amount claimed is not more than $50 000, including a personal action at law if—

    (a)the amount claimed is the amount owing on a balance of account, after an admitted set-off or otherwise; or

    (b)any amount in excess of $50 000 to which the plaintiff may be entitled in relation to the cause of action is abandoned in accordance with the rules.

    (2)If the amount claimed in a personal action includes interest up to judgment, or a lump sum instead of interest, in accordance with the rules, the interest is disregarded in working out whether or not the court has jurisdiction.

    (3)For this section, a personal action at law includes an action relating to the detention of goods, and the amount claimed in the action is the value of the goods plus any amount claimed for damages for the detention of the goods.

    (4)Subsection (1) does not limit the court’s jurisdiction if, under another law in force in the ACT, an amount may be recovered by action in the court (even if the amount is more than $50 000).

    (5)The court’s jurisdiction under subsection (1) is additional to any jurisdiction that the court has under any other law in force in the ACT.

  2. Power of court to grant relief (MC (CJ) Act, s 6)

    (1)In any proceeding that the Magistrates Court has jurisdiction to hear and decide—

    (a)the court may grant any relief, redress or remedy that the Supreme Court may grant in a similar action in that court, and for that purpose the Magistrates Court may make any order that the Supreme Court may make; and

    (b)the court must give effect to any ground of defence, counterclaim or set-off, whether equitable or legal, in the same way and to the same extent that the Supreme Court would do.

    (2)For the exercise by the Magistrates Court of its powers under subsection (1) in any proceeding—

    (a)a magistrate constituting the court has, as well as any other powers under this Act, all the powers of a judge in a similar action in the Supreme Court; and

    (b)the registrar, bailiff or other appropriate officer of the Magistrates Court must exercise any function that a corresponding officer of the Supreme Court would exercise in a similar action in that court in accordance with the practice and procedure of that court.

    (3)In exercising a function mentioned in subsection (2), the registrar, a bailiff or other officer of the court must comply with this Act, the rules and any order of the Magistrates Court.

  3. Rules of equity to prevail (MC (CJ) Act, s 7)

    In any proceeding in the Magistrates Court, if there is a conflict between the rules of equity and the rules of common law, the rules of equity prevail.

  4. Nuisance (MC (CJ) Act, s 8 (1) and (2))

    (1)The Magistrates Court has the same jurisdiction as the Supreme Court to hear and decide a civil action for nuisance.

    (2)In a civil action for nuisance, the Magistrates Court may grant the same relief as the Supreme Court may grant in a similar action in that court.

  5. Disputed debts (MC (CJ) Act, s 9)

    (1)The Magistrates Court may, in a proceeding in the court, declare that—

    (a)a person is or is not indebted to someone else; or

    (b)a person is or is not indebted to someone else in a stated amount; or

    (c)a person is or is not indebted to someone else in an amount that is more than a stated amount.

    (2)This section applies only in relation to a debt that is not more than $50 000.

  6. Cause of action arising, or defendant resident, outside ACT (MC (CJ) Act, s 10)

    The Magistrates Court has jurisdiction to hear and decide a proceeding if—

    (a)the defendant was resident in the ACT when the claim was served on the defendant, even though all of the cause of action in the proceeding arose outside the ACT; or

    (b)both of the following apply, even though the defendant is not in the ACT:

    (i)a material part of the cause of action in the proceeding arose in the ACT, even though part of the cause of action arose outside the ACT;

    (ii)the claim is served on the defendant in Australia or an external Territory.

  7. Requests under conventions relating to legal proceedings in civil and commercial matters

    (1)The Magistrates Court has jurisdiction to make any order or take any action necessary to comply with a request received from the consular or other authority of a relevant foreign country for serving documents in the ACT or taking evidence in the ACT.

    (2)In this section:

    relevant foreign country—a foreign country is a relevant foreign country if a convention relating to legal proceedings in civil and commercial matters is in force between the country and Australia.

  8. Proceedings affecting title to land (MC (CJ) Act, s 11)

    (1)The Magistrates Court does not have jurisdiction to hear and decide a proceeding in which the title to land is genuinely in question.

    (2)However, the jurisdiction of the Magistrates Court to hear and decide a proceeding is not affected only because the title to land incidentally comes in question in the proceeding.

    (3)In a proceeding mentioned in subsection (2), a judgment is not evidence of title to land.

  9. Disputes under Residential Tenancies Act (MC (CJ) Act, s 12A)

    The Magistrates Court does not have jurisdiction in relation to a dispute to which the Residential Tenancies Act 1997 applies if the amount in dispute is not more than $10 000.

  10. Complaints under Utilities Act, pt 12 (MC (CJ) Act, s 12B)

    The Magistrates Court does not have jurisdiction in relation to a matter to the extent to which it is the subject of—

    (a)a complaint under the Utilities Act 2000, part 12 (Complaints); or

    (b)a direction or declaration of the essential services consumer council under that part.

Part 4.3Case stated for Supreme Court

  1. Case stated (MC (CJ) Act, s 194, s 395 (2))

    (1)On the application of a party to a proceeding in the Magistrates Court, the court may state, in the form of a special case, any question of law that arises in the proceeding for the opinion of the Supreme Court.

    (2)The Supreme Court has jurisdiction to hear and decide a case stated under this section.

    (3)This section does not apply to a proceeding in the Small Claims Court.

Part 4.4Transfer of proceedings from or to Supreme Court

  1. Transfer of action from Supreme Court (MC (CJ) Act, s 381)

    (1)This section applies if a proceeding in relation to the cause of action on which a prescribed action pending in the Supreme Court is founded could properly have been begun in the Magistrates Court.

    (2)The Supreme Court may, on the application of a party to the action or its own initiative, order that the action be transferred to the Magistrates Court if it considers it just to do so.

    (3)In subsection (1):

    prescribed action means an action in which the amount claimed (whether initially or as reduced by payment, admitted set-off or otherwise) is not more than the amount for which the Magistrates Court has jurisdiction under this chapter.

  2. Procedure on transfer of action from Supreme Court (MC (CJ) Act, s 382)

    (1)This section applies if the Supreme Court has made an order under section 268 that an action pending in the Supreme Court be transferred to the Magistrates Court.

    (2)A party to the action may file in the Magistrates Court a copy of the order, a copy of each of the pleadings (if any) in the action and any other relevant documents filed in the Supreme Court.

    (3)When the copies have been filed, the action—

    (a)stops being an action in the Supreme Court; and

    (b)becomes a proceeding in the Magistrates Court.

    (4)The proceeding is taken to have been begun in the Magistrates Court on the day the action was begun in the Supreme Court.

    (5)Costs in the proceeding are to be allowed—

    (a)for costs incurred before the order under section 268 was made (including the costs of getting the order) and the costs of getting the copies mentioned in subsection (2)—in accordance with the rules under the Court Procedures Act 2004 applying to the Supreme Court, but subject to any Supreme Court order; and

    (b)for costs incurred after the order was made (not including the costs of getting the copies)—in accordance with the rules applying to the Magistrates Court.

    (6)If costs mentioned in subsection (5) (a) are to be taxed, the costs must be taxed by the registrar in accordance with the rules applying to the Supreme Court.

  3. Removal of proceedings into Supreme Court (MC (CJ) Act, s 383)

    On the application of a party to a proceeding in the Magistrates Court, the Supreme Court may order that the proceeding be removed into the Supreme Court on the conditions about costs, security for the amount claimed or costs, or otherwise, that the Supreme Court considers just.

  4. Stay of proceedings (MC (CJ) Act, s 384)

    (1)This section applies if an application under section 270 to have a proceeding in the Magistrates Court removed into the Supreme Court is pending.

    (2)On the application of a party to the proceeding, the Supreme Court may order that the proceeding be stayed until the application under section 270 is decided or until the Supreme Court orders otherwise.

    (3)An order that a proceeding be stayed takes effect immediately on a copy of the order being filed in the Magistrates Court.

Part 4.5Civil appeals

  1. Definitions for pt 4.5 (MC (CJ) Act, s 385)

    In this part:

    appeal means an appeal to the Supreme Court—

    (a)from a judgment or order of the Magistrates Court, whether final or interlocutory, in a proceeding that the Magistrates Court has jurisdiction to hear and decide under this chapter, other than a proceeding in its jurisdiction under part 4.6 (Small Claims Court); or

    (b)from a judgment of the Small Claims Court.

    judgment, in relation to a proceeding in the Small Claims Court, includes an order made in association with the proceeding, but does not include an interim order of the Small Claims Court under the rules.

  2. Jurisdiction (MC (CJ) Act, s 386)

    (1)The jurisdiction of the Supreme Court to hear and decide appeals is subject to the exceptions and conditions in this part.

    (2)Subsection (1) does not affect the operation of any other law that provides for the appellate jurisdiction of the Supreme Court.

  3. Cases in which appeal may be brought (MC (CJ) Act, s 387)

    (1)An appeal may be brought only with the leave of the Supreme Court.

    (2)However, an appeal may be brought as of right from a judgment or order—

    (a)for, or for the payment of, an amount of $2 000 or more; or

    (b)in a proceeding in the Magistrates Court—

    (i)in which the matter in issue amounts to, or is of the value of, $2 000 or more; or

    (ii)that involves directly or indirectly a claim, demand or question to or in relation to any property or any civil right amounting to, or of the value of, $2 000 or more.

    (3)This section does not apply in relation to an appeal from a judgment of the Small Claims Court.

substitute

referee means a referee appointed under the Magistrates Court Act 1930, section 280 (Referees—appointment)

[1.546]Section 394, definition of summons

substitute

subpoena means a subpoena issued under section 444 (1).

[1.547]Section 394A

omit

section 471 (Approved forms)

substitute

the Court Procedures Act 2004

[1.548]Section 395 heading

omit

Act

substitute

rules

[1.549]Section 395 (1)

omit

this Act

substitute

these rules

[1.550]Section 395 (2)

omit

sections 5 and 9 and

[1.551]Division 22.2

omit

[1.552]Division 22.5

substitute

Division 22.5            Striking out application

  1. Originating applications struck out after 1 year

    (1)An application beginning a proceeding is taken to be struck out 1 year and 22 days after the day it is filed if—

    (a)a response has not been filed; or

    (b)judgment has not been entered or the application not otherwise disposed of.

    (2)An applicant whose application has been struck out under this section may file a new application within 1 year after the day it was struck out, even if the limitation period for the cause of action the subject of the application has ended.

    (3)This section applies to an application filed on or after the day this section commences.

    (4)Subsection (3) and this subsection expire 1 year after the day this section commences.

[1.553]Section 427

omit

Explanatory note

This section is replaced by new section 285 in the Magistrates Court Act 1930.

[1.554]Section 428 (1) (a)

omit

this Act

substitute

these rules

[1.555]Section 435

omit

Explanatory note

This section is replaced by an amendment of the Magistrates Court Act 1930, section 51 (which is relocated as section 310).

[1.556]Section 438 (3) (a)

omit

this Act

substitute

these rules

[1.557]Sections 444 and 445

omit

summons

substitute

subpoena

[1.558]Section 446 heading

substitute

  1. Retention of subpoened documents and things

[1.559]Sections 446 (1) and (3) and 447

omit

summons

substitute

subpoena

[1.560]Section 448 heading

substitute

  1. Enforcement of subpoena

[1.561]Section 448 (1)

omit

a summons

substitute

a subpoena of the Small Claims Court

[1.562]Section 448 (1)

omit

the summons

substitute

the subpoena

[1.563]Section 448 (1) (as amended)

relocate to Magistrates Court Act 1930, part 5.1 as section 300 (1)

[1.564]Section 448 (2)

omit

(2)

[1.565]Section 448 (2)

omit

subsection (1)

substitute

the Magistrates Court Act 1930, section 300

[1.566]Section 448 (2) (a)

omit

summons

substitute

subpoena

[1.567]Section 449 heading

substitute

  1. Witness before Small Claims Court to answer questions

[1.568]Section 449 (as amended)

relocate to Magistrates Court Act 1930, part 5.1 as section 301

[1.569]Sections 454 and 455

substitute

  1. Interest up to judgment—Small Claims Court

    (1)Section 230 (Interest up to judgment) applies in relation to a proceeding in the Small Claims Court as if it were a proceeding on a claim under part 3.

    (2)Section 231 (Judgment by default, confession or agreement—interest) applies to a default judgment in the Small Claims Court as if the judgment were a judgment by default under section 43.

    (3)Section 231 applies to a consent judgment in the Small Claims Court as if the judgment were a judgment by agreement under section 45.

  2. Interest on judgment debts

    (1)Unless the Small Claims Court orders otherwise, interest is payable on the amount of a judgment debt that is unpaid.

    (2)Interest under subsection (1) forms part of the judgment debt, but interest is not payable on interest.

    (3)Interest under subsection (1) is worked out—

    (a)from the day the judgment took effect, or from a later date (if any) decided by the Small Claims Court; and

    (b)at the rate under section 234 (3) (Interest on judgments).

[1.570]Section 456 (1)

omit

this or any other Act

substitute

these rules or any other Territory law

[1.571]Section 460 (1)

omit

(1)Subject to this Act

substitute

Subject to these rules

[1.572]Section 460 (2)

omit

(2)

[1.573]Section 460 (2)

omit

of the court in proceedings referred to in subsection (1)

substitute

of the Small Claims Court in a proceeding on a trespass application (within the meaning of part 4.6)

[1.574]Section 460 (2) (as amended)

relocate to Magistrates Court Act 1930, part 5.1 in section 302

[1.575]Part 22 (as amended) (other than sections 448 (1), 449 and 460 (2))

relocate to Magistrates Court (Civil Jurisdiction) Rules 2004 as part 22

Division 1.51.21      Amendments of pt 23

[1.576]Sections 470 and 471

omit

[1.577]Sections 473 (4), 478 (3) (c), 481 (1), 482 (2), 484, 489, 490 (1) and (3), 491, 492 (1) and 493

omit

this Act

substitute

these rules

[1.578]Section 498

omit

[1.579]Part 23 (as amended)

relocate to Magistrates Court (Civil Jurisdiction) Rules 2004 as part 23

Part 1.52Magistrates Court (Civil Jurisdiction) Regulations 1987

[1.580]Regulation 3

omit everything before paragraph (a), substitute

(3)For subsection (2)—

[1.581]Regulation 3

omit

annum

substitute

year

[1.582]Regulation 3 (as amended)

relocate to Magistrates Court (Civil Jurisdiction) Rules 2004 as section 231 (3)

[1.583]Regulation 6 (1)

substitute

(1)A bailiff must keep, in the appropriate approved form or as directed by the registrar, records in relation to process required to be served or executed by the bailiff.

[1.584]Regulation 6 (2)

omit

subregulation

substitute

subsection

[1.585]Regulations 6 to 12 (as amended)

relocate to Magistrates Court (Civil Jurisdiction) Rules 2004 as sections 380B to 380H

[1.586]Schedule 1

omit

(see reg 3)

substitute

(see s 231)

[1.587]Schedule 1

omit

per annum

substitute

per year

[1.588]Schedule 1 (as amended)

relocate to Magistrates Court (Civil Jurisdiction) Rules 2004 as schedule 1

Part 1.53Married Persons Property Act 1986

[1.589]Section 13

omit

determine

substitute

decide

[1.590]Section 14

substitute

  1. Jurisdiction of Magistrates Court

    The jurisdiction of the Magistrates Court to hear and decide a question mentioned in section 13 is—

    (a)subject to the Magistrates Court Act 1930, section 264 (Proceedings affecting title to land); and

    (b)limited to a case where the question relates to property having a value that is not more than the amount mentioned in the Magistrates Court Act 1930, section 257 (1) (Personal actions at law—amount or value).

[1.591]Section 15 (1)

omit

determined

substitute

decided

Part 1.54Medical Practitioners Act 1930

[1.592]Section 51 (5)

omit

Arrest on Mesne Process Act 1902

substitute

Court Procedures Act 2004, sections 63 to 69

[1.593]New section 51 (6)

insert

(6)Subsection (5) and this subsection expire on the existing rules expiry day under the Court Procedures Act 2004, section 60 (3).

Part 1.55Mental Health (Treatment and Care) Act 1994

[1.594]Section 83 (3) (b)

omit

part 6

substitute

part 3.5 (Proceedings for indictable offences)

[1.595]Section 141 (3)

omit everything before paragraph (a), substitute

(3)An appeal may be begun—

Part 1.56Nurses Act 1988

[1.596]Section 74 (3)

omit

Arrest on Mesne Process Act 1902, part 2

substitute

Court Procedures Act 2004, sections 63 to 69

[1.597]New section 74 (4)

insert

(4)Subsection (3) and this subsection expire on the existing rules expiry day under the Court Procedures Act 2004, section 60 (3).

Part 1.57Oaths and Affirmations Act 1984

[1.598]Section 5

substitute

  1. Certain provisions subject to court rules

    The following provisions of this Act are subject to rules made, and forms approved, under the Court Procedures Act 2004:

    ·     section 7 (Oath or affirmation by witness)

    ·     section 8 (Oath or affirmation by interpreter of spoken language)

    ·     section 9 (Oath or affirmation by interpreter of signs)

    ·     section 10 (Oath or affirmation by deponent to affidavit)

    ·     section 11 (Authority to administer oath etc)

    ·     section 12 (Swearing or affirming of affidavit)

    ·     section 13 (Affidavit by affirmation)

    ·     part 5 (Manner of taking oaths and making affirmations).

Part 1.58Optometrists Act 1956

[1.599]Section 52 (2)

omit

Arrest on Mesne Process Act 1902, part 2

substitute

Court Procedures Act 2004, sections 63 to 69

[1.600]New section 52 (3)

insert

(3)Subsection (2) and this subsection expire on the existing rules expiry day under the Court Procedures Act 2004, section 60 (3).

Part 1.59Physiotherapists Act 1977

[1.601]Section 45 (3)

omit

Arrest on Mesne Process Act 1902, part 2

substitute

Court Procedures Act 2004, sections 63 to 69

[1.602]New section 45 (4)

insert

(4)Subsection (3) and this subsection expire on the existing rules expiry day under the Court Procedures Act 2004, section 60 (3).

Part 1.60Podiatrists Act 1994

[1.603]Section 43 (2)

omit

Arrest on Mesne Process Act 1902, part 2

substitute

Court Procedures Act 2004, sections 63 to 69

[1.604]New section 43 (3)

insert

(3)Subsection (2) and this subsection expire on the existing rules expiry day under the Court Procedures Act 2004, section 60 (3).

Part 1.61Protection Orders Act 2001

[1.605]Section 95 (3) (b)

substitute

(b)is a judgment debt enforceable in accordance with the rules under the Court Procedures Act 2004 applying in relation to the civil jurisdiction of the Magistrates Court.

[1.606]Section 96

omit

[1.607]Dictionary, definition of registrar, paragraph (b)

substitute

(b)see the Magistrates Court Act 1930, dictionary.

Part 1.62Protection Orders Regulations 2002

[1.608]Regulations 19 and 23, notes

substitute

NoteIf a form is approved under the Court Procedures Act 2004 for this provision, the form must be used.

[1.609]Division 5.3 heading

substitute

Division 5.3               Subpoenas

[1.610]Regulation 28 heading

substitute

  1. Issue of subpoena

[1.611]Regulation 28 (1)

omit

summons

substitute

subpoena

[1.612]Regulation 28 (1), note

substitute

NoteIf a form is approved under the Court Procedures Act 2004 for this provision, the form must be used.

[1.613]Regulation 28 (2)

omit

summons

substitute

subpoena

[1.614]Regulation 29 heading

substitute

  1. Copies of subpoenas

[1.615]Regulation 29 (1)

omit

summons

substitute

subpoena

[1.616]Regulation 29 (2)

omit

summonses

substitute

subpoenas

[1.617]Regulation 30 to 34

omit

summons

substitute

subpoena

[1.618]Regulation 35 (1), note

substitute

NoteIf a form is approved under the Court Procedures Act 2004 for this provision, the form must be used.

[1.619]Regulation 35 (2)

omit

summons

substitute

subpoena

[1.620]Regulations 41 (1), 43 (1), 44 (1), 68 (1), 69 (1), 73, 74 (3), 80 (1) and (2), 85 (1) and 86 (1), notes

substitute

NoteIf a form is approved under the Court Procedures Act 2004 for this provision, the form must be used.

[1.621]Regulation 89 (4)

substitute

Costs under subregulation (2) are recoverable as if they were costs awarded by the Magistrates Court in a civil proceeding.

[1.622]Dictionary, definition of summons for production

substitute

subpoena for production, for division 5.3 (Subpoenas)—see regulation 28 (Issue of subpoena).

Part 1.63Psychologists Act 1994

[1.623]Section 45 (2)

omit

Arrest on Mesne Process Act 1902, part 2

substitute

Court Procedures Act 2004, sections 63 to 69

[1.624]New section 45 (3)

insert

(3)Subsection (2) and this subsection expire on the existing rules expiry day under the Court Procedures Act 2004, section 60 (3).

Part 1.64Remand Centres Act 1976

[1.625]Section 15 (1) (b)

substitute

(b)a person committed under 1 of the following provisions of the Magistrates Court Act 1930:

·section 84 (Particular cases may be adjourned)

·section 90A (Plea of guilty in committal proceedings)

·section 92A (Committal for sentence for indictable offence tried summarily)

·section 94 (Discharge or committal for trial)

·section 105 (Court may commit refractory witness)

·section 154D (Committal to prison—fine defaulters)

·section 312 (Failure to give evidence—committal);

Part 1.65Residential Tenancies Act 1997

[1.626]Sections 124 to 126

substitute

  1. Referral of questions of law

    (1)If the tribunal considers that a question of law raises an issue of public importance, the tribunal may refer the question to the Supreme Court.

    (2)The tribunal may act under subsection (1) on its own initiative or on application by a party.

  2. Appeals from tribunal decisions

    (1)A party to a tribunal hearing may, with the Supreme Court’s leave, appeal to the court on a question of law from a decision of the tribunal in the hearing.

    (2)An appeal by a person under subsection (1) must be begun within—

    (a)28 days after the day notice of the tribunal’s order is given to the person under section 105; or

    (b)if the person has asked for a statement of reasons under section 106—28 days after the day the statement of reasons is given to the person; or

    (c)any further time the Supreme Court allows (whether on, before or after a day mentioned in paragraph (a) or (b)).

    (3)The Supreme Court must decide the appeal, and may make any of the following orders:

    (a)an order confirming or setting aside the decision of the tribunal;

    (b)an order remitting the case to be heard and decided again, either with or without the hearing of further evidence, by the tribunal in accordance with the court’s directions;

    (c)an order for costs.

    (4)The Supreme Court may also make any other order the court considers appropriate.

    (5)This section applies in relation to a decision of the tribunal made on or after the day this section commences.

    (6)Subsection (5) and this subsection expire 1 year after the day this section commences.

[1.627]Section 131

substitute

  1. Proceedings by children

    (1)A proceeding under this Act may be begun by a child as if he or she were an adult.

    (2)The rules in force under the Court Procedures Act 2004 that apply in relation to the approval of settlements and compromises, and amounts ordered or agreed to be paid, in a civil proceeding brought in the Magistrates Court by a child apply in relation to a proceeding brought under this Act by a child.

    (3)The rules mentioned in subsection (2) apply as if all necessary changes, and any changes prescribed under the regulations, were made.

Part 1.66Road Transport (Driver Licensing) Act 1999

[1.628]Section 37 (1) (d)

substitute

(d)to a court officer for the recovery of a fine (including proceedings under the Magistrates Court Act 1930, division 3.9.2 (Enforcement of fines)); or

Part 1.67Road Transport (General) Act 1999

[1.629]Section 50 (2)

substitute

(2)The person may apply to the Magistrates Court for an order setting aside the road transport authority’s decision.

[1.630]Section 75 (1)

after

summons,

insert

subpoena

Part 1.68Set-off of Debts Act 1728

[1.631]Section 13

relocate to Court Procedures Act 2004, division 7.5 as section 84

Part 1.69Set-off of Debts Act 1735

[1.632]Section 5

omit

section 13, and hereby made perpetual,

substitute

section 84

[1.633]Section 5 (as amended)

relocate to Court Procedures Act 2004, division 7.5 as section 85

Part 1.70Supreme Court Act 1933

[1.634]Section 8 (2)

omit

of court

[1.635]Sections 9 (1) and (2)

omit

by rules of court

substitute

under the rules

[1.636]Section 9 (2)

omit

by the rules of court

substitute

under the rules

[1.637]Section 10 (1) and (2)

omit

by rules of court

substitute

under the rules

[1.638]Section 10 (2)

omit

by the rules of court

substitute

under the rules

[1.639]Section 13 (4) (a)

omit

of court

[1.640]Section 18 (2)

omit

by rules of court

substitute

under the rules

[1.641]Section 23 (2)

omit

rules of court

substitute

the rules

[1.642]Section 24

omit

[1.643]Sections 30 (5)

omit

[1.644]Section 30

renumber subsections when Act next republished under the Legislation Act

[1.645]Sections 37 to 37D

omit

[1.646]Sections 47 (2), note and 51 (1), note

omit

of court

[1.647]Section 54

substitute

  1. How evidence is to be given

    (1)Evidence in any suit must be given orally in open court.

    (2)Subsection (1) is subject to—

    (a)any agreement of the parties to the contrary; and

    (b)any other Territory law.

[1.648]Section 58 (3)

omit

by rules of court

substitute

under the rules

[1.649]Section 58A (2), definition of depositions, paragraph (a)

omit

section 255B (2)

substitute

section 300 (2)

[1.650]Section 65 (b)

substitute

(b)under the seal of the court or any other seal prescribed under these rules; and

[1.651]Section 65 (as amended)

relocate to Supreme Court Rules, as order 1 rule 5

[1.652]Section 67

omit

[1.653]Section 69

relocate to Supreme Court Rules as order 42A rule 1

[1.654]Section 70

omit

[1.655]Section 75

omit

[1.656]Dictionary, new definition of rules

insert

rules means—

(a)rules under the Court Procedures Act 2004 applying in relation to the court; or

(b)rules under this Act, section 36.

Part 1.71Supreme Court Rules

[1.657]Order 1 rule 4, definition of Act, paragraph (a)

omit

[1.658]Order 1 rule 4, definition of Act, note

substitute

NoteSee also r 5.

[1.659]Order 1 rule 4, definition of Act

renumber paragraphs when Act next republished under Legislation Act

[1.660]Order 1 new rules 5 to 7

insert

  1. Certain references to Act or the Act

    A reference to Act or the Act, without mentioning a particular Act, is a reference to the Supreme Court Act 1933.

  2. Terms defined in Supreme Court Act

    A term defined in the Supreme Court Act 1933 has the same meaning in these rules.

  3. References to forms by number

    A reference to a form by number is a reference to the form so numbered that—

    (a)is approved under the Court Procedures Act 2004; and

    (b)either—

    (i)was in force under the Supreme Court Act 1933 immediately before the commencement of the Court Procedures Act 2004; or

    (ii)is expressed to be made for these rules or the court.

[1.661]Order 2 rule 11 (2) (a)

substitute

(a)an order under order 42A rule 1 (Interest up to judgment); or

[1.662]Order 26 rule 4

omit

the Act, section 69

substitute

order 42A rule 1 (Interest up to judgment)

[1.663]Order 39 rule 8

omit

Magistrates Court (Civil Jurisdiction) Act 1982, section 202.

substitute

rules under the Court Procedures Act 2004 applying to an order for the examination of witnesses in a civil proceeding in the Magistrates Court.

[1.664]Order 42A heading

substitute

Order 42AInterest up to and on judgments

[1.665]Order 42A rule 1

omit everything before the table, substitute

  1. Interest on judgments

    A judgment debt under a judgment of the court carries interest at the rate applying under the following table from the day judgment is entered:

Explanatory note

The Supreme Court Act 1933, section 69 (Interest up to judgment) is relocated as Order 42A rule 1 by another amendment in this schedule.

[1.666]Order 47 rule 1

omit

Judgment Creditors Remedies Act 1901

substitute

Court Procedures Act 2004, division 7.6 (Judgment creditor remedies)

[1.667]Order 52 rule 23 (2) (a)

substitute

(a)at the rate fixed from time to time under order 42A rule 2 (Interest on judgments); or

[1.668]Order 61A rule 1 (e)

omit

the Act, section 69

substitute

order 42A rule 1 (Interest up to judgment)

[1.669]Order 61A rule 1 (h)

substitute

(h)in trials and hearings of matters that, if begun in the Magistrates Court, would have been within the jurisdiction of the Magistrates Court under the Magistrates Court Act 1930; chapter 4 (Civil proceedings); and

[1.670]Order 61A rule 1 (t) and (u)

substitute

(t)in the hearing and deciding of applications under the following provisions of the Magistrates Court Act 1930 regarding the transfer of proceedings:

·section 268 (Transfer of action from Supreme Court)

·section 270 (Removal of proceedings into Supreme Court)

·section 271 (Stay of proceedings); and

(u)in the hearing and deciding of interlocutory applications under the Magistrates Court Act 1930, part 4.5 (Civil appeals) in relation to appeals; and

[1.671]Order 65 rule 7A (7), definitions of Magistrates Court determined fee and Supreme Court determined fee

substitute

Magistrates Court determined fee means the relevant determined fee under the Court Procedures Act 2004, part 3 (Court and tribunal fees).

Supreme Court determined fee means the relevant determined fee under the Court Procedures Act 2004, part 3 (Court and tribunal fees).

[1.672]Order 66 rule 2 heading

substitute

  1. General heading style—civil proceedings forms

[1.673]Order 66 rule 2 (1)

omit

form in schedule 1, part 1.1 (Civil proceedings forms)

substitute

form approved under the Court Procedures Act 2004 for use in Supreme Court civil proceedings

[1.674]Order 66 rule 11 (1), note

substitute

NoteA fee may be determined under the Court Procedures Act 2004 for this provision.

[1.675]Order 69A

substitute

Order 69AApplications to transfer proceedings—Magistrates Court Act, pt 4.4

  1. Applications by motion

    (1)An application under the Magistrates Court Act 1930, section 268 (Transfer of action from Supreme Court) must be made by motion on notice under order 54 (Motions).

    (2)An application under the Magistrates Court Act 1930, section 270 (Removal of proceedings into Supreme Court) or section 271 (Stay of proceedings) must be made by motion on notice under order 54 supported by affidavit.

[1.676]Order 72 rule 1A

omit

schedule 1, part 1.2

substitute

a form approved under the Court Procedures Act 2004 for use in a proceeding under the Act

[1.677]Order 76 rule 1A

omit

schedule 1, part 1.3

substitute

a form approved under the Court Procedures Act 2004 for use in a proceeding under the Act

[1.678]Order 80 rule 16 (1) note

substitute

NoteA fee may be determined under the Court Procedures Act 2004 for this provision.

[1.679]Order 83 rule 2

omit

schedule 1, part 1.5

substitute

a form approved under the Court Procedures Act 2004 for use in a proceeding under the Act

[1.680]Order 84 rule 2, note, table, item 3

omit

Discrimination Act 1991, section 108D

substitute

Discrimination Act 1991, section 108DB

[1.681]Order 84 rule 2, note, table, item 5

omit

Magistrates Court Act 1930, divisions 11.1 and 11.2

Magistrates Court (Civil Jurisdiction) Act 1982, part 21

substitute

Magistrates Court Act 1930, division 3.10.1, division 3.10.2 and part 4.5

[1.682]Order 84 rule 2, note, table, item 8

omit

Residential Tenancies Act 1997, section 126

substitute

Residential Tenancies Act 1997, section 125

[1.683]Order 84 rule 2, note, table, item 9

omit

Magistrates Court (Civil Jurisdiction) Act 1982, part 21

substitute

Magistrates Court Act 1930, part 4.5

[1.684]Order 85 rule 3 (b)

omit

Magistrates Court Act 1930

substitute

Magistrates Court

[1.685]Schedule 1

omit

Part 1.72Utilities Act 2000

[1.686]Section 210 (2)

substitute

(2)The notice about a direction to pay an amount under section 209 must include a statement about the right to enforce the direction in accordance with the rules in force under the Court Procedures Act 2004 applying in relation to the Small Claims Court.

[1.687]Section 229 (2)

after

this Act

insert

(other than part 11)

Part 1.73Victims of Crime (Financial Assistance) Act 1983

[1.688]Section 2, definition of file

omit

[1.689]Sections 7 (1) (b) and 26

omit

determined

substitute

decided

[1.690]Section 27 (2)

omit

shall be filed with the office of the registrar within the period of

substitute

must be filed in the Magistrates Court within

[1.691]Section 27 (4) (b)

omit

the determination of

substitute

deciding

[1.692]Section 28

substitute

  1. Proceedings on applications

    (1)The Magistrates Court (Civil Jurisdiction) Rules 2004 apply in relation to a proceeding in the Magistrates Court on an application for financial assistance as if—

    (a)the proceeding were begun in the court by filing an application mentioned in those rules, section 22; and

    (b)all other necessary changes, and any changes prescribed under the regulations, were made.

    (2)The Territory has a right of appearance in a proceeding on an application.

    (3)If the Territory enters an appearance, it is a party to the proceeding.

    (4)Subsection (1) and this subsection expire on the existing rules expiry day under the Court Procedures Act 2004, section 60 (3) or, if an earlier day is fixed under the rules under that Act, that day.

[1.693]Section 29

omit

determined

substitute

decided

[1.694]Sections 31 (1) and 32

omit

determining

substitute

deciding

[1.695]Section 43 (1) (b)

omit

the determination of

substitute

the court to decide

[1.696]Section 43 (3)

omit

the determination of

substitute

deciding

[1.697]Section 44 (1)

omit

determines

substitute

decides

[1.698]Section 54 (2)

omit

office of the registrar

substitute

Magistrates Court

[1.699]Section 54 (3)

substitute

(3)The registrar must serve notice of a provisional order on the convicted person in accordance with the rules under the Court Procedures Act 2004 applying in relation to the civil jurisdiction of the Magistrates Court.

[1.700]Sections 54 (4) (d) and 55 (1)

omit

office of the registrar

substitute

Magistrates Court

[1.701]Section 57 (1)

omit

determine

substitute

decide

[1.702]Section 59 (1) (b)

omit

determination

substitute

decision

Part 1.74Workers Compensation Act 1951

[1.703]Section 197 (2)

substitute

(2)The Magistrates Court Act 1930, part 4.5 (Civil appeals) applies in relation to an appeal under subsection (1) as if—

(a)it were an appeal from a judgment or order of a kind mentioned in that Act, section 274 (2) (Cases in which appeals may be brought); and

(b)for an appeal from a decision, order or award of a committee—the decision, order or award were a decision, order or award of the Magistrates Court; and

(c)any necessary changes, and any changes prescribed under the regulations, were made.

Part 1.75Workers Compensation Regulations 2002

[1.704]Regulation 57 (3)

substitute

(3)The costs of, and incidental to, an arbitration or related proceeding are payable at 2/3 of the scale of costs prescribed by the rules applying to a civil proceeding in the Supreme Court, unless the Magistrates Court or committee otherwise orders.

[1.705]Regulation 58 (3) (a)

substitute

(a)are payable at 2/3 of the scale of costs prescribed by the rules applying to a civil proceeding in the Supreme Court, unless the Magistrates Court or committee otherwise orders; and

Part 1.76Workers Compensation Rules 2002

[1.706]Rule 33 (1)

substitute

(1)The rules in force under the Court Procedures Act 2004 applying in relation to a person with a disability (however described) in a civil proceeding in the court under the Magistrates Court Act 1930 apply to an arbitration, with any necessary changes, as if they formed part of these rules.

[1.707]Rule 43 (1)

substitute

(2)If, in relation to a claim, a procedure is not provided for under these rules, the court may apply the rules in force under the Court Procedures Act 2004 applying in relation to a civil proceeding in the court under the Magistrates Court Act 1930, to the extent that they provide for the procedure, as if they formed part of these rules.

[1.708]Rule 64

substitute

  1. Enforcement of awards and agreements

    The rules in force under the Court Procedures Act 2004 applying in relation to a civil proceeding under the Magistrates Court Act 1930 apply, with any necessary changes, to a proceeding for enforcement of, or the recovery of money payable under, an award of the court or a registered agreement as if it were a judgment of the court.

[1.709]Rule 69

substitute

  1. Taxation of costs

    Subject to any direction of the court, if the cost of an arbitration or related proceeding are to be taxed, the rules in force under the Court Procedures Act 2004 applying in relation to the Supreme Court apply to the taxation with any necessary changes.

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 14 May 2004.

  2. Notification

    Notified under the Legislation Act on 2 September 2004.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Court Procedures (Consequential Amendments) Bill 2004, which was passed by the Legislative Assembly on 17 August 2004.

    Acting Clerk of the Legislative Assembly

    © Australian Capital Territory 2004

Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0