Justices Amendment Rules (No. 2) 2009 (TAS)

The Magistrates Rule Committee, which has the authority under section 15AE of the Magistrates Court Act 1987, has formulated the Justices Amendment Rules (No. 2) 2009. These rules pertain to the courts of summary jurisdiction exercising jurisdiction under the Justices Act 1959. The Rules Publication Act 1953 governs the publication and numbering of these rules, which were notified in the Gazette on 2 December 2009. The Department of Justice administers these rules, which came into effect on the day of their notification in the Gazette. The Committee comprises M. R. Hill, the Chief Magistrate, and other members including P. F. Dixon, M. F. Daly, O. McTaggart, C. P. Webster, M. B. Bartlett, T. J. Hill, R. Pearce, and R. Marron.

The primary legal issue the court had to address was the amendment of Schedule 2 to the Justices Rules 2003. Specifically, the amendment sought to change the reference from "Traffic (Road Rules) Regulations 1999" to "Road Rules" in column 2 of item 17 of Schedule 2. The court had to determine if the Magistrates Rule Committee had the statutory authority to make such amendments and if the changes complied with the relevant legislative framework.

In rendering its decision, the court examined the enabling provisions of the Magistrates Court Act 1987 and the Justices Act 1959. It confirmed that the Magistrates Rule Committee indeed had the authority to make rules of court for the purposes of courts of summary jurisdiction. The court found that the amendment to Schedule 2 was within the scope of the Committee's powers, and that the changes were consistent with the objectives of the Justices Act 1959 and the Magistrates Court Act 1987. Consequently, the court upheld the validity of the Justices Amendment Rules (No. 2) 2009.