Justices (Forms) Amendment Regulations 1996 (WA)

5 July 19961	GOVERNMENT GAZETTE, WA	3229
JM302

1. These regulations may be cited as the Justices (Forms) Amendment
Regulations 1996.

JUSTICES ACT 1902

JUSTICES (FORMS) AMENDMENT REGULATIONS 1996

Made by the Lieutenant-Governor and deputy of the Governor in Executive

Council.

Citation

3230 GOVERNMENT GAZETTE, WA [5 July 1996

Principal regulations

2. In these regulations the Justices (Forms) Regulations 1982* are referred

to as the principal regulations.

[* Published in Gazette 6 August 1982, pp. 3059-64.

For amendments to 17 June 1996 see 1995 Index to Legislation of Western Australia, Table 4, pp. 159-60.1

Regulation 5C repealed and a regulation substituted

3.     Regulation 5C of the principal regulations is repealed and the following

regulation is substituted -

Application to set aside licence suspension order under the

Fines, Penalties and Infringement Notices Enforcement Act 1994

5C. (1) An application under section 101 of the Fines, Penalties and

Infringement Notices Enforcement Act 1994 to justices for an order	cancelling a licence suspension order shall be made in the form of
Form 11.

(2) An application under section 101A of the Fines, Penalties and

Infringement Notices Enforcement Act 1994 to justices for an order	cancelling a licence suspension order shall be made in the form of
Form hA.

(3) The application, together with a fee equal to the fee for a

Fees) Regulations, must be lodged at a court of petty sessions. complaint prescribed under the Justices Act (Courts of Petty Sessions

Schedule amended

4.     The Schedule to the principal regulations is amended by deleting

Form 11 and substituting the following forms -

ii Form 11

WESTERN AUSTRALIA	Court of Petty Sessions
Fines, Penalties and Infringement	At:
Notices Enforcement Act 1994, s 101
APPLICATION FOR CANCELLATION OF LICENCE SUSPENSION ORDER

Applicant	Name:	Date of birth:
Details of suspension
5 July 19961	GOVERNMENT GAZETTE, WA	3231

Application I, the applicant, have had -

my driver's licence; or

*

* delete if not * the motor vehicle licence of my vehicle,

applicable

cancelled by a licence suspension order made under Part 3 of the Fines, Penalties and Infringement Notices Enforcement Act 1994.

I apply for an order under section 101 of the Fines, Penalties and Infringement Notices Enforcement Act 1994 cancelling the licence suspension order on the grounds that I received none of the following:

(a)	the Infringement notice that gave rise to the licence suspension order;
(b)	the final demand issued under section 14 of the Act in respect of the infringement notice;
(c)	the order to pay or elect issued under section 17 of the Act in respect of the infringement notice;
(d)	the notice of intention to suspend licences issued under section 18 of the Act in respect of the infringement notice;
(e)	the notice confirming licence suspension issued under section 19 (6) of the Act.

I certify that I have not previously made an unsuccessful application under section 101 of the Act in relation to this licence suspension order or in relation to any other licence suspension order made in respect of this infringement notice.

Signature of

applicant:  Date:

Hearing 

This application is listed for hearing in the Court of Petty

details 

Sessions at:

on:  at am/pm

Court order 

J  The licence suspension order issued on: in

respect of the above driver's licence/motor vehicle

licence is cancelled.

Ci Application refused,

Signature of

SM or JPs Date:

Form 1 1

WESTERN AUSTRALIA	Court of Petty Sessions
Fines, Penalties and Infringement	At:
Notices Enforcement Act 1994, s 101A
APPLICATION FOR CANCELLATION OF LICENCE SUSPENSION ORDER

Applicant	Name:	Date of birth:
Address:

3232 GOVERNMENT GAZETTE, WA [5 July 1996

Application I, the applicant, have had —

my driver's licence; or

.

. delete if not . the motor vehicle licence of my vehicle,

applicable

cancelled by a licence suspension order made under Part 4 of the Fines, Penalties and Infringement Notices Enforcement Act 1994.

I apply for an order under section 101A of the Fines, Penalties and Infringement Notices Enforcement Act 1994 cancelling the licence suspension order on the grounds that —

(a)	I did not receive a summons or a notice to attend court in respect of the charge that gave rise to the fine that gave rise to the licence suspension order;
(b)	I was not present in court when that fine was imposed; and
(c)	I received neither of the following:

(i) the notice of intention to suspend

licences issued under section 42 of the Act in respect of that fine;

(ii) the notice confirming suspension

licence

issued under section 43 (6) of the Act.

I certify that have not

I previously unsuccessful

made an

application under section 101A of the Act in relation to this licence suspension order or in relation to any other licence suspension order made in respect of this fine.

Signature of

applicant:  Date:

Hearing	This application	is	listed for hearing	in the Court	of	Petty
details	Sessions at:

on:  at am/pm

Court order U The licence suspension order issued on:
respect in

of the above driver's licence/motor vehicle

licence is cancelled.

0	Application refused,
Signature of SM or JPs	Date:

By Command of the Lieutenant-Governor and deputy of the Governor.

J. PRITCHARD, Clerk of the Council.