Justices Amendment Rules 2006 (TAS)

Justices Amendment Rules 2006

The Magistrates Rule Committee, in the exercise of its powers under section 15AE of the Magistrates Court Act 1987 , makes the following rules of court for courts of summary jurisdiction exercising jurisdiction under the Justices Act 1959 .

1Short titleThese rules of court may be cited as the Justices Amendment Rules 2006 . 2CommencementThese rules of court take effect on the day on which their making is notified in the Gazette. 3Principal RulesIn these rules of court, the Justices Rules 2003 are referred to as the Principal Rules. 4Rule 54A amended (Interpretation) Rule 54A of the Principal Rules is amended as follows: (a) by omitting "court of summary jurisdiction within the meaning of the Justices Act 1959 " from the definition of Court and substituting "court of petty sessions"; (b) by inserting the following definition after the definition of Court : victim means – (a) a victim within the meaning of section 81A of the Sentencing Act 1997 ; and (b) a person allowed to furnish to the Court a written statement under subsection (2A) of that section; 5Rule 54D substituted Rule 54D of the Principal Rules is rescinded and the following rule is substituted: 54DReading of victim impact statement A victim impact statement is to be read to, or by, the Court before the Court passes sentence on the offender. 6Rule 54F amended (Power of victim to amend victim impact statement) Rule 54F of the Principal Rules is amended by omitting "to" second occurring and substituting "to, or by,". 7Rule 54H amended (Power of victim to withdraw victim impact statement) Rule 54H of the Principal Rules is amended as follows: (a) by omitting "to" first occurring and substituting "to, or by,"; (b) by omitting "to" third occurring and substituting "to, or by,". 8Schedule 2 amended (Offences) Schedule 2 to the Principal Rules is amended as follows: (a) by inserting after item 3 the following items:

3A.	An offence under the Dog Control Act 2000
3B.	An offence under the Environmental Management and Pollution Control (Miscellaneous Noise) Regulations 2004

(b) by omitting item 13 and substituting the following item:

13.  An offence under section 13 , 14 , 15(1) , 15A , 15B , 15C , 16 , 17 , 19A , 20AA , 25 , 34B , 37(1) , 37(3) , 37(4) , 41 , 43 , 55A or 57 of the Police Offences Act 1935

(c) by inserting after item 14 the following item:

14A.  An offence under section 7 of the Road Safety (Alcohol and Drugs) Act 1970

These rules of court were made by the Magistrates Rule Committee at a meeting held on 6 December 2006.

A. G. SHOTT

Chief Magistrate

M. R. HILL

Deputy Chief Magistrate

O. McTAGGART

Member

P. F. DIXON

Member

M. RAPLEY

Member

T. J. HILL

Member

P. H. WILSON

Member

W. M. GRIFFITHS

Member

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 20 December 2006

These rules are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the rule) These rules of court amend the

(a) revising certain provisions relating to victim impact statements consequent on the enactment of the Justice and Related Legislation (Miscellaneous Amendments) Act 2005 ; and (b) specifying further offences in respect of which a defendant may plead in writing.