District Court Amendment (Justices Act) Rule 2002 (NSW)

2003 No 212

New South Wales

District Court Amendment (Justices

Act) Rule 2002

under the

District Court Act 1973

The District Court Rule Committee made the following rule of court under the

District Court Act 1973 on 19 December 2002.

A Liounis

Acting Secretary of the Rule Committee

Explanatory note
The object of this Rule is to amend the District Court Rules 1973 to make amendments that are consequential on the repeal of the Justices Act 1902 and the enactment of the Crimes (Local Courts Appeal and Review) Act 2001 and the Justices Legislation Repeal and Amendment Act 2001.

Part 3 of the Crimes (Local Courts Appeal and Review) Act 2001 substantially re-enacts the provisions of Part 5A of the Justices Act 1902 dealing with appeals from a Local Court to the District Court. This Rule replaces references to provisions of the Justices Act 1902 that are to be repealed with references to corresponding provisions in the new Act.

Schedule 2.140 to the Justices Legislation Repeal and Amendment Act 2001 amends the Local Courts Act 1982 to abolish the office of a Clerk of a Local Court and to replace it with the office of registrar. This Rule replaces references to Clerks of Local Courts with references to registrars of Local Courts.

Published in Gazette No 54 of 28 February 2003, page 3571	Page 1
2003 No 212
Clause 1	District Court Amendment (Justices Act) Rule 2002

District Court Amendment (Justices Act) Rule 2002

under the

District Court Act 1973

1      Name of Rule

This Rule is the District Court Amendment (Justices Act) Rule 2002.

2 Commencement

This Rule commences on the day on which Part 3 of the Crimes
(Local Courts Appeal and Review) Act 2001 commences.

3 Amendment of District Court Rules 1973

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

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2003 No 212

District Court Amendment (Justices Act) Rule 2002

Amendments	Schedule 1
Schedule 1 Amendments

(Clause 3)

[1]      Part 43 rule 5

Omit “Clerk of the Local Court” from rule 5 (1).
Insert instead “registrar of the Local Court”.

[2]      Part 53 rule 2

Omit “Clerk” from rule 2 (1) and (2) wherever occurring.
Insert instead “registrar”.

[3]      Part 53 rule 2 (2)

Omit “section 126 (1) of the Justices Act 1902”.

Insert instead “section 14 (1) or (3) of the Crimes (Local Courts Appeal and Review) Act 2001”.

[4] Part 53 rule 2A Appeal under section 23 (1) of the Crimes (Local Courts Appeal and Review) Act 2001

Omit the definition of appeal from rule 2A (1). Insert instead:

appeal means an appeal under section 23 (1) of the Crimes
(Local Courts Appeal and Review) Act 2001.

[5]      Part 53 rule 2A (5)

Omit “Clerk” wherever occurring. Insert instead “registrar”.

[6]      Part 53 rule 2B

Omit “Clerk” from rule 2B (1) and (2) wherever occurring.
Insert instead “registrar”.

[7]      Part 53 rule 2B (1)

Omit “section 126 (1) of the Justices Act 1902”.

Insert instead “section 14 (1) or (3) of the Crimes (Local Courts Appeal and Review) Act 2001”.

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2003 No 212

District Court Amendment (Justices Act) Rule 2002

Schedule 1 Amendments

[8]      Part 53 rule 2B (2)

Omit “section 133F of the Justices Act 1902”.

Insert instead “section 23 (1) of the Crimes (Local Courts Appeal and
Review) Act 2001”.

[9]      Part 53 rule 2C Registrar of Local Court to order transcript

Omit “section 126 (1) of the Justices Act 1902” from rule 2C (b).

Insert instead “section 14 (1) or (3) of the Crimes (Local Courts Appeal and Review) Act 2001”.

[10]      Part 53 rule 2C

Omit “Clerk”. Insert instead “registrar”.

[11]      Part 53 rule 3

Omit “section 131AB of the Justices Act 1902” from rule 3 (2) (a).

Insert instead “section 23 (1) of the Crimes (Local Courts Appeal and
Review) Act 2001”.

[12]      Part 53 rule 7

Omit rule 7 (2) (b) and (c). Insert instead:

(b)	inthecaseofanappealundersection11,oran application for leave to appeal under section 12 or 13, of the Crimes (Local Courts Appeal and Review) Act 2001, 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
(c)	in the case of an appeal under section 23 (1) of the Crimes (Local Courts Appeal and Review) Act 2001— the nearest proclaimed place to the Local Court at which was imposed the sentence appealed against.

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2003 No 212

District Court Amendment (Justices Act) Rule 2002

Amendments Schedule 1

[13]      Part 53 rule 10

Omit “section 133O of the Justices Act 1902” from rule 10 (2) (gi).

Insert instead “section 67 of the Crimes (Local Courts Appeal and Review)
Act 2001”.

[14]      Part 53 rule 12A

Omit “section 120 or section 133F of the Justices Act 1902”.

Insert instead “section 11 or section 23 (1) of the Crimes (Local Courts
Appeal and Review) Act 2001”.

BY AUTHORITY

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