Magistrates' Court Authentication Amendment Rules 2020 (Vic)

Magistrates' Court Authentication Amendment Rules 2020

S.R. No. 124/2020

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Title of Principal Rules changed

6Amendment of object

7Definitions

8Authentication of orders

9Issue and authentication of process

10New Rules 8, 9 and 10 inserted

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Endnotes

STATUTORY RULES 2020

S.R. No. 124/2020

Magistrates' Court Act 1989

Magistrates' Court Authentication Amendment Rules 2020

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 provide for the filing of documents by electronic communication.

2Authorising provisions

These Rules are made under—

(a)section 209 of the Family Violence Protection Act 2008; and

(b)section 16 of the Magistrates' Court Act 1989; and

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

and all other enabling powers under those Acts.

3Commencement

These Rules come into operation on 17 November 2020.

4Principal Rules

In these Rules, the Magistrates' Court Authentication Rules 2011[1] are called the Principal Rules.

5Title of Principal Rules changed

(1)In the title to the Principal Rules, after "Authentication" insert "and Electronic Transmission".

(2)At the end of Rule 4 of the Principal Rules insert—

"(2)On and from the commencement of Rule 5 of the Magistrates' Court Authentication Amendment Rules 2020, a reference to the Magistrates' Court Authentication Rules 2011 in any Act or in any other instrument made under any Act or in any other document of any kind (other than in the Magistrates' Court Authentication Amendment Rules 2020), must be read and construed as a reference to the Magistrates' Court Authentication and Electronic Transmission Rules 2011.".

6Amendment of object

For Rule 1 of the Principal Rules substitute—

"1   Object

The object of these Rules is to provide for the following in the Magistrates' Court—

(a)the authentication of orders;

(b)the issue and authentication of process;

(c)the authentication of warrants in proceedings;

(d)the filing of documents by electronic communication.".

7Definitions

In Rule 4 of the Principal Rules, the definition of electronic signature is revoked.

8Authentication of orders

At the foot of Rule 5 of the Principal Rules insert—

"Note

The means by which the person who constituted the Court confirms the order may include the use of an electronic signature.".

9Issue and authentication of process

(1)For Rule 6(1)(b) of the Principal Rules substitute—

"(b)by sealing the process by electronic seal.".

(2)Rule 6(2) of the Principal Rules is revoked.

10New Rules 8, 9 and 10 inserted

After Rule 7 of the Principal Rules insert—

"8   Filing of documents

(1)Subject to paragraph (2) and Rule 10, a document may be submitted for filing in the Court by electronic communication in accordance with any practice direction, statement or note issued by the Chief Magistrate under section 16A of the Act.

(2)In a proceeding the Court may order or direct that any or all documents in the proceeding be filed in any manner that the Court considers appropriate.

9Powers of registrar

(1)A registrar may refuse to accept a document submitted for filing under Rule 8 until satisfied that the document complies with these Rules, or any other Rule or Act or any practice direction, statement or note issued by the Chief Magistrate under section 16A of the Act.

(2)If a registrar refuses to accept a document submitted for filing under Rule 8, the registrar must advise the person who submitted the document—

(a)that the document has not been accepted for filing; and

(b)of the reason it was not accepted for filing.

(3)If a registrar refuses to accept a document submitted for filing under Rule 8, the Court may—

(a)direct the registrar to accept the document with a filing date, being the time and date that the document was first submitted for filing; or

(b)make any other order or give any direction that it considers appropriate.

10Application of Rules 8 and 9

Rules 8 and 9—

(a)do not apply if transmission of a document by electronic communication is prohibited by any Act, regulation, rule or rule of law; and

(b)do not limit any Act, regulation, rule, rule of law or practice direction, statement or note issued by the Chief Magistrate under section 16A of the Act that permits a document to be filed with, or transmitted to, the Court by electronic communication.".

Dated:   11 November 2020

LISA HANNAN,
Chief Magistrate

FELICITY BROUGHTON,
Deputy Chief Magistrate

SUSAN WAKELING,
Deputy Chief Magistrate

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Endnotes

[1] Rule 4: S.R. No. 58/2011 as amended by S.R. No. 82/2019.