Magistrates Court (Civil Jurisdiction) Regulation 1987 (ACT)
Magistrates Court (Civil Jurisdiction) Regulation 1987 (repealed)
SL1987-16
made under the
Magistrates Court (Civil Jurisdiction) Act 1982
Republication No 7
Effective: 10 January 2005
Republication date: 10 January 2005
As repealed by A2004-60 s 4
(republication for amendments and repeal by A2004-60)
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Magistrates Court (Civil Jurisdiction) Regulation 1987 (repealed), made under the Magistrates Court (Civil Jurisdiction) Act 1982, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any commencement, amendment, repeal or expiry affecting the republished law to 10 January 2005.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
(a)if the person charged is an individual—$100; or
(b)if the person charged is a corporation—$500.
Magistrates Court (Civil Jurisdiction) Regulation 1987 (repealed)
made under the
Magistrates Court (Civil Jurisdiction) Act 1982
Contents
Page
Name of regulation 2
Amount garnishee may keep 2
Value of tools of trade etc 2
Endnotes
About the endnotes 3
Abbreviation key 3
Legislation history 4
Amendment history 7
Earlier republications 8
Magistrates Court (Civil Jurisdiction) Regulation 1987 (repealed)
made under the
Magistrates Court (Civil Jurisdiction) Act 1982
Name of regulation
This regulation is the Magistrates Court (Civil Jurisdiction) Regulation 1987.
Amount garnishee may keep
For the Act, section 339 (1), the prescribed amount is $19.
Value of tools of trade etc
For the Act, section 347 (1) (b), the prescribed amount is $1 000.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired
Legislation history
This regulation was originally called the Magistrates Court (Civil Jurisdiction) Regulations and was originally made under a Commonwealth ordinance—the Court of Petty Sessions (Civil Jurisdiction) Ordinance 1982 No 54 (Cwlth).
The Magistrates Court Ordinance 1985 No 67 (Cwlth) renamed the ordinance as the Magistrates Court (Civil Jurisdiction) Ordinance 1982.
The ACT Self-Government (Consequential Provisions) Act 1988 No 109 (Cwlth), s 12) converted most former Commonwealth ordinances in force in the ACT, and the regulations made under them, into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. The Magistrates Court (Civil Jurisdiction) Ordinance 1982 and the Magistrates Court (Civil Jurisdiction) Regulations were converted into ACT enactments on 1 July 1990.
As with most ordinances in force in the ACT, the name of the ordinance was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on its conversion to an ACT enactment on 1 July 1990.
This regulation was renamed under the Legislation Act 2001.
Before 12 September 2001, regulations commenced on their notification day unless otherwise stated (see Interpretation Act 1967 s 50, Subordinate Laws Act 1989 s 6).
Legislation before becoming Territory enactment
Magistrates Court (Civil Jurisdiction) Regulation 1987 No 16
notified 4 November 1987
commenced 4 November 1987as amended by
Magistrates Court (Civil Jurisdiction) Regulations (Amendment) 1988 No 2
notified 25 February 1988
commenced 25 February 1988Magistrates Court (Civil Jurisdiction) Regulations (Amendment) 1989 No 3
notified 22 February 1989
commenced 22 February 1989Magistrates Court (Civil Jurisdiction) Regulations (Amendment) 1989 No 19
notified 23 August 1989
commenced 23 August 1989
Legislation after becoming Territory enactment
Magistrates Court (Civil Jurisdiction) Regulations (Amendment) 1991 No 1
notified 11 January 1991
commenced 11 January 1991Magistrates Court (Civil Jurisdiction) Regulations (Amendment) 1991 No 17
notified 12 July 1991
commenced 12 July 1991Magistrates Court (Civil Jurisdiction) Regulations (Amendment) 1991 No 35
notified 8 January 1992
commenced 8 January 1992Magistrates Court (Civil Jurisdiction) Regulations (Amendment) 1992 No 11
notified 14 July 1992
commenced 15 July 1992 (s 1)Magistrates Court (Civil Jurisdiction) Regulations (Amendment) 1993 No 2
notified 15 January 1993
commenced 15 January 1993 (s 1)Magistrates Court (Civil Jurisdiction) Regulations (Amendment) 1994 No 1
notified 1 February 1994
commenced 1 February 1994 (s 1)Magistrates Court (Enforcement of Judgments) Act 1994 No 61 pt 4
notified 11 October 1994 (Gaz 1994 No S197)
s 1, s 2 commenced 11 October 1994 (s 2 (1))
pt 4 commenced 10 April 1995 (s 2 (2) and Gaz 1995 No S75)Magistrates Court (Civil Jurisdiction) Regulations (Amendment) 1995 No 28
notified 31 July 1995
commenced 1 August 1995 (s 1)Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch 2
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch 2 commenced 1 June 1998 (s 2 (2))Magistrates Court (Civil Jurisdiction) Regulations (Amendment) 1997 No 6
notified 27 March 1997
commenced 27 March 1997 (s 1)Magistrates Court (Civil Jurisdiction) Regulations (Amendment) 1998 No 10
notified 21 April 1998
commenced 21 April 1998 (s 1)Legislation (Consequential Amendments) Act 2001 No 44 pt 240
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 240 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.52
notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))sch 1 pt 1.52 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)
as repealed by
Court Procedures (Consequential Amendments) Act 2004 A2004-60 s 4
notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))s 4 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)
Amendment history
Name of regulation
s 1am R5 LA; R6 LA
Interpretation
s 2om Act 2001 No 44 amdt 1.2795
Prescribed interest rates
s 3am 1988 No 2; 1989 No 3; 1989 No 19; 1991 No 1; 1991 No 17; 1991 No 35
sub 1992 No 11 s 2
am 1995 No 28 s 3; A2004-60 amdt 1.580, amdt 1.581
reloc to Magistrates Court (Civil Jurisdiction) Rules 2004 as s 231 (3) by A2004-60 amdt 1.582
Amount garnishee may keep
s 4ins Act 1994 No 61 s 55
am 1995 No 28 s 4
Value of tools of trade etc
s 5ins Act 1994 No 61 s 55
am 1995 No 28 s 5
Keeping of records
s 6ins Act 1994 No 61 s 55
am Act 2001 No 44 amdt 1.2796; A2004-60 amdt 1.583, amdt 1.584
reloc to Magistrates Court (Civil Jurisdiction) Rules 2004 as s 380B by A2004-60 amdt 1.585
Service and execution of process
s 7ins Act 1994 No 61 s 55
reloc to Magistrates Court (Civil Jurisdiction) Rules 2004 as s 380C by A2004-60 amdt 1.585
Notice of service of process
s 8ins Act 1994 No 61 s 55
reloc to Magistrates Court (Civil Jurisdiction) Rules 2004 as s 380D by A2004-60 amdt 1.585
Receipt for money
s 9ins Act 1994 No 61 s 55
reloc to Magistrates Court (Civil Jurisdiction) Rules 2004 as s 380E by A2004-60 amdt 1.585
Return on writ
s 10ins Act 1994 No 61 s 55
reloc to Magistrates Court (Civil Jurisdiction) Rules 2004 as s 380F by A2004-60 amdt 1.585
Notices
s 11ins Act 1994 No 61 s 55
am Act 1997 No 96 sch 2
reloc to Magistrates Court (Civil Jurisdiction) Rules 2004 as s 380G by A2004-60 amdt 1.585
Bailiff not to act as agent
s 12ins Act 1994 No 61 s 55
reloc to Magistrates Court (Civil Jurisdiction) Rules 2004 as s 380H by A2004-60 amdt 1.585
Schedule 1
sch 1 hdg(prev sch hdg) renum R5 LA
sch 1(prev sch) ins 1992 No 11
am 1993 No 2 s 2; 1994 No 1 s 2; 1995 No 28 s 6; 1997 No 6 s 2; 1998 No 10 s 2
renum R5 LA
am A2004-60 amdt 1.586, amdt 1.587
reloc to Magistrates Court (Civil Jurisdiction) Rules 2004 as sch 1 by A2004-60 amdt 1.588
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Except for the footer, electronic and printed versions of an authorised republication are identical.
Republication No
Amendments to
Republication date
1 SL 1994 No 1 1 February 1994 2 Act 1994 No 61 10 April 1995 3 SL 1995 No 28 30 November 1996 4 SL 1998 No 10 31 July 1999 5 A2001-44 30 August 2002 6 A2004-60 10 November 2004
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