Justices (Restraint Orders) Rules 2003 (TAS)

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Justices (Restraint Orders) Rules 2003

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following rules under section 106M of the Justices Act 1959 .15 December 2003

Richard Butler

Governor

By His Excellency’s Command,

Judy Jackson

Minister for Justice and Industrial Relations

1Short titleThese rules may be cited as the Justices (Restraint Orders) Rules 2003 . 2CommencementThese rules take effect on 1 January 2004. 3Interpretation (1)  In these rules – Act means the Justices Act 1959 ; clerk has the same meaning as in the Justices Rules; Justices Rules means the rules made under section 144 of the Act. (2)  Unless the contrary intention appears, an expression used in these rules has the same meaning as it has in Part XA of the Act. 4Applications generally (1)  An application under Part XA of the Act is to – (a) specify the order sought; and (b) contain – (i) in the case of an application made by a police officer, a statutory declaration of the police officer that to the best of his or her knowledge and belief the information contained in the application is true; or (ii) in the case of any other applicant, an affidavit of the applicant stating that to the best of his or her knowledge and belief the information contained in the application is true; and (c) be filed with the clerk. (2)  Subrule (1) does not apply to an application under section 106GA(1) of the Act. (3) If an application under section 106B(1) of the Act is filed after a warrant has been issued under section 106C(1) of the Act, the application is to state that the warrant has been issued. 5Electronic filing of applications (1)  In this rule, authorised source means a person or agency approved by the Chief Magistrate under rule 65 of the Justices Rules to file applications with a clerk by electronic means. (2)  An authorised source may file an application by electronic means. (3)  An application filed by electronic means is to state that subrule (4) has been complied with. (4)  An authorised source must retain the original signed application that complies with rule 4 in a safe place and produce it to a magistrate upon request. 6Service and filing of applications (1)  In this rule – endorsed copy means – (a) the copy of the sealed copy which contains the endorsement of service; or (b) a facsimile copy of the endorsed copy referred to in paragraph (a) ; endorsement of service means the endorsement and signature referred to in subrule (6)(a) and (b) or subrule (10) ; facsimile copy means a copy of a document made by transmitting the document by use of a facsimile machine; sealed copy includes a facsimile copy of a sealed copy of an application. (2)  A person making any of the following applications must cause a sealed…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.