Magistrates' Court Authentication Amendment Rules 2019 (Vic)

Magistrates' Court Authentication Amendment Rules 2019

S.R. No. 82/2019

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Amendment of Rule 2

5New definition inserted

6Issue and authentication of process

═════════════

Endnotes

STATUTORY RULES 2019

S.R. No. 82/2019

Magistrates' Court Act 1989

Magistrates' Court Authentication Amendment Rules 2019

The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:

1Object

The object of these Rules is to amend the Magistrates' Court Authentication Rules 2011 to implement procedures relating to the use of electronic signatures in relation to process issued electronically and to make other minor miscellaneous amendments.

2Authorising provisions

These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers.

3Commencement

These Rules come into operation on 23 September 2019.

4Amendment of Rule 2

For Rule 2(c) of the Magistrates' Court Authentication Rules 2011[1] substitute—

"(c)section 183 of the Personal Safety Intervention Orders Act 2010—".

5New definition inserted

(1)In the heading to Rule 4 of the Magistrates' Court Authentication Rules 2011, for "Definition" substitute "Definitions".

(2)Insert the following definition in Rule 4 of the Magistrates' Court Authentication Rules 2011—

"electronic signature, in relation to process issued or authenticated electronically, means a method used by a person to write the person's name, or to make a mark that represents the person—

(a)in a manner that is unique to the person; and

(b)that requires the person to use their own finger or an electronic stylus under the sole control of the person writing the name or making the mark;".

6Issue and authentication of process

(1)After Rule 6(a) of the Magistrates' Court Authentication Rules 2011 insert—

"(ab)signing the process issued or authenticated electronically by electronic signature; or".

(2)At the end of Rule 6 of the Magistrates' Court Authentication Rules 2011 insert—

"(2)If process is required to be signed, it must be signed in a manner described in paragraph (1) by the person issuing or authenticating the process each time the process is issued or authenticated.".

Dated: 12 September 2019

PETER LAURITSEN,

Chief Magistrate

LANCE MARTIN,

Deputy Chief Magistrate

FELICITY BROUGHTON,

Deputy Chief Magistrate

═════════════

Endnotes

[1] Rule 4: S.R. No. 58/2011.