District Court Act 1973 District Court Rule (Appeals Amendment) 1999 (1999-258) [GG No 68 of 11.6.1999, p 3905] (NSW)

1999 No 258

New South Wales

under the

District Court Act 1973

The District Court Rule Committee made the following rule of court under the District Court Act 1973 on 13 May 1999.

J G Cowen
Secretary to the Committee

The object of this Rule is to make amendments to the District Court Rules 1973 that are consequential on the commencement of the Justices Legislation Amendment (Appeals) Act 1998.

Published in Gazette No 68 of 11 June 1999, page 3905 Page 1

Clause 1 District Court Rule (Appeals Amendment) 1999

This Rule is the District Court Rule (Appeals Amendment) 1999.

This Rule commences on 11 June 1999.

mendment of District Court

The District Court Rules 1973 are amended as set out in
Schedule 1.

The explanatory note does not form part of this Rule.

District Court Rule (Appeals Amendment) 1999

Amendments Schedule 1

(Clause 3 )

Omit “gives notice under section 122 of the Justices Act 1902 of an a notice of appeal, or an application for leave to appeal,”.

appeal” from Part 53, rule 2 (2).

art 53, rule 2 (2)

Insert “, or was imposed the sentence,” after “order” where firstly occurring.

Omit “order” wherever occurring.

Insert instead “, order or sentence”.

Part 53, rule 2A Appeals under section 133F of the Justices

1902

Omit “131AB ( l ) ” from Part 53, rule 2A (1). Insert instead “ 1 3 3 F ” .

Part 53, rule 2A (3) and (4)

Omit the subrules.

Part 53, rule 2B

Omit “under section 122” from Part	53, rule 2B (1).
Insert instead “, or an application for	leave to appeal, lodged under
section	126 ( l ) ” .

District Court Rule (Appeals Amendment) 1999
Schedule 1	Amendments

Insert “or application” after “appeal” where secondly and thirdly occurring.

Omit “, the Criminal Listing Director”.

Part 53, rule 2

Omit “131AB”. Insert instead “ 1 3 3 F ” .

art 53, rule 2C

Omit “gives notice of an appeal under section 122 of the Justices Act

1902” from Part 53, rule 2C (b). a notice of appeal or an application for leave to appeal”.

art 53, rule 2C (e)

Omit “131AB”. Insert instead “ 1 3 3 F ” .

Part 53, rule 7

Omit “and subject to any direction given by the Criminal Listing

Director,” from Part 53, rule 7 (2).

Part 53, rule 7 (2) (b)

Omit the paragraph. Insert instead:

(b) in the case of an appeal under section 120, or an

application for leave to appeal under section 123 or 124, of the Justices Act 1902, the proclaimed place nearest to the Local Court at which was made the conviction or order or was imposed the sentence, appealed, or sought to be appealed, against, or

District Court Rule (Appeals Amendment) 1999
Amendments	Schedule 1

[14]      Part 53, rule 7 (2) (c)

Omit “131AB”. Insert instead “ 1 3 3 F ” .

art 53, rule 7 (5)

Omit “, or by the Criminal Listing Director”.

art 53, rule 10

Omit “132B (l)” from Part 53, rule 10 (2) (gi).
Insert instead “ 1 3 3 0 ” .

[17]      Part 53, rule 10 (5) (a)

Omit “Criminal Listing Director”. Insert instead “registrar”.

art 53, rule 10 (6)

Omit “, and on the Criminal Listing Director,”.

Omit “ 1 2 2 or section 131AB”.

Insert instead “ 1 2 0 or section 133F”.

art 53, rule 14

Omit “Criminal Listing Director” from Part 53, rule 14 (l).
Insert instead “registrar”.