Magistrates Court (Civil Proceedings) Amendment Rules 2015 (WA)

172(> GOVERNMENT GAZETTE, WA 15 May 2015

JUSTICE

JU301*

Magistrates Court (Civil Proceedings) Act 2004

Magistrates Court (Civil Proceedings)

Amendment Rules 2015

Made by the Magistrates Court in accordance with the Magistrates Court
Act 2004 section 39.

1.            Citation

These rules are the Magistrates Court (Civil Proceedings)
Amendment Rules 2015.

2.            Commencement

These rules come into operation as follows —

(a)	rules 1 and 2 — on the day on which these rules are published in the Gazette;
(b)	the rest of the rules — on the day after that day.

3.            Rules amended

These rules amend the Magistrates Court (Civil Proceedings)
Rules 2005.

4.            Rule 124 amended

In rule 124(1) in the Table insert in alphabetical order:

129D,

Mandatory Testing (Infectious
Diseases) Act 2014 s. 16.

5.            Rule 126 amended

In rule 126(1) after "129C," insert:

15 May 2015 GOVERNMENT GAZETTE, WA 1727

6.            Rule 127 amended

In rule 127(1A) in the Table insert in alphabetical order:

Ailandatory Testing (Infectious Diseases)	s. 16.
Act 2014

7.            Rule 128 amended

(1) At the beginning of rule 128 insert:

(1) This rule does not apply to an application made to the

Court under the Mandatory Testing (Infectious

Diseases) Act 2014 section 16.

(2) In rule 128 delete "Unless" and insert:

(2) Unless

8.            Rule 129A amended

(1) At the beginning of rule 129A insert:

(1) This rule does not apply to an application made to the

Court under the Mandatory Testing (Infectious

Diseases) Act 2014 section 16.

(2) In rule 129A delete "Except" and insert:

(2) Except

9.            Rule 129D inserted

After rule 129C insert:

129D.	Mandatory Testing (Infectious Diseases) Act 2014
(1)	An application under the Mandatory Testing (Infectious Diseases) Act 2014 section 16 must be lodged together with a supporting affidavit.
(2)	Rule 126(1) does not apply to the application.
(3)	The Court may make, vary or revoke a disease test order under the Mandatory Testing (Infectious Diseases) Act 2014 section 19 orally or in writing.

1728 GOVERNMENT GAZETTE, WA 15 May 2015

10.          Various references to "court" amended

In rules 131AA to 131AD delete "court" (each occurrence) and insert:

Court

Dated: 16 April 2015.

Magistrates' signatures:

Mr STEVEN HEATH, Chief Magistrate.

Ms ELIZABETH WOODS, Deputy Chief Magistrate.

Mr JOE CICCHINI, Magistrate.

Mr DENIS TEMBY, Magistrate.