Justices (Forms) Amendment Regulations (No. 2) 1995 (WA)

2634 GOVERNMENT GAZETTE, WA [30 June 1995

JUSTICE

JM301

JUSTICES ACT 1902

JUSTICES (FORMS) AMENDMENT REGULATIONS (NO. 2) 1995

Made by His Excellency the Governor in Executive Council.

Citation

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

Regulations (No. 2) 1995.

Principal regulations

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

to as the principal regulations.

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

For amendments to 9 June 1995 see 1993 Index to Legislation of

Western Australia, Table 4, p. 148.]

Regulation 5C inserted

3.   After regulation 5B of the principal regulations the following regulation

is inserted —

Application to set aside licence suspension under the Fines, Penalties and Infringement Notices Enforcement Act 1994 (s. 101).

5C. (1) A person in respect of whom a licence suspension order has been made under Part 3 of the Fines, Penaltres and Infringement Notices Enforcement Act 1994 may apply to justices for an order to set aside the licence suspension order by —

(a)	completing an application in the form set out in Form 11; and
(b)	lodging the completed application, together with a fee of an amount equal to the fee for a complaint prescribed under the Justices Act (Courts of Petty Sessions) Fees Regulations, at any Court of Petty Sessions in the State.

Fee $ ..... paid on see receipt number

(2)

Unless the court determines otherwise, the application is to be heard and determined by the justices having jurisdiction in or near the place where the offence giving rise to the initial infringement notice is alleged to have been committed.

Form 11 inserted

4.  The Schedule to the principal regulations is amended by inserting after

Form 10 the form set out in the Table to this regulation.

Table

Form No. 11.

Justices Act 1902

[Bagniation bei

In the Court of Petty Sessions

Charge No. /19

at

30 June 19951 GOVERNMENT GAZETTE, WA 2635

APPLICATION TO SET ASIDE

LICENCE SUSPENSION ORDER

Fines, Penalties and Infringement Notices Enforcement Act 1994 [cton 101)

Applicant

(Surname) (Other Names)

Date of Birth

Address

Drivers Licence Motor Vehicle Licence

No. (as applicable) No. (as applicable)

Fines Enforcement Case Number:

Infringement Number:

I, the Applicant, have had -

my driver's licence*	)
) (deiete aB appropriate)
the motor vehicle licence of my vehicle*	)

suspended by a Licence Suspension Order made under Part 3 of the Fines,
Penalties and Infringement Notices Enforcement Act 1994.

I apply for an Order 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 in respect of that
infringement notice;
(c)	the order to pay or elect, issued under section 17 in respect of the infringement notice;
(d)	the notice of intention to suspend licences, issued under section 18 in respect of the infringement notice;
(e)	the notice confirming licence suspension, issued under section 19(6).

Date	Signature of Applicant
Copies to: The Applicant

The Court of Petty Session at

The Prosecuting Authority

The Registrar, Fines Enforcement.

2636 GOVERNMENT GAZETTE, WA [30 June 1995

This application is set for hearing —

At the Court of Petty Sessions ..•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 00 ••••••• Owe at •••••••••••• am/pm on --------------- of 0•••••••••••••••••••••••••••••••••••••••••••••• 19 ••••••••••••

(time) (day) (month) (yemr)

Clerk of Petty Sessions

- / /

ORDER OF THE COURT:

The licence suspension order issued on

.1......J...... in respect of driver's licence

No.	/ vehicle licence No.
is cancelled.

Application refused.

SM / JP Date. •••••• •••

By His Excellency's Command,

J. PRITCHARD, Clerk of the Council.