Magistrates' Court Criminal Procedure (Amendment No. 2) Rules 2011 (Vic)

Magistrates' Court Criminal Procedure (Amendment No. 2) Rules 2011

S.R. No. 59/2011

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4New Rules 37A and 37B inserted

37AExecution of warrant to seize property

37BApplication of Supreme Court rules, practice and procedure

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ENDNOTES

STATUTORY RULES 2011

S.R. No. 59/2011

Magistrates' Court Act 1989

Magistrates' Court Criminal Procedure (Amendment No. 2) Rules 2011

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 Criminal Procedure Rules 2009 to provide for the execution of a warrant to seize property issued for the enforcement of an order made by the Magistrates' Court in a criminal proceeding.

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 10 July 2011.

4New Rules 37A and 37B inserted

After Rule 37 of the Magistrates' Court Criminal Procedure Rules 2009[1] insert—

37AExecution of warrant to seize property"

(1)Money or bank notes belonging to a person named or described in a warrant may be seized under a warrant to seize property issued for the enforcement of an order made by the Court in a criminal proceeding but need not be sold.

(2)Cheques, bills of exchange, promissory notes, bonds, specialties or securities for money belonging to the person named or described in the warrant may be seized under a warrant to seize property issued for the enforcement of an order made by the Court in a criminal proceeding and may be held as security for money due under an order or the unsatisfied part of an order.

(3)For the purposes of property held as security for money under paragraph (2), when payment becomes due, the person to whom the warrant is directed—

(a)may demand and receive payment of the money; and

(b)may sue in any proper court in the name of the defendant or in the name of any person in whose name the person named or described in the warrant might have sued for the recovery of the money secured or payable.

37BApplication of Supreme Court rules, practice and procedure

Subject to this Order, the rules, practice and procedure of the Supreme Court which apply to or are adopted by the sheriff in the execution of warrants of execution apply, with any necessary modification, to the execution of warrants to seize property issued for the enforcement of an order made by the Court in a criminal proceeding.".

Dated:    7 July 2011

IAN L. GRAY,

Chief Magistrate

LANCE MARTIN,

Deputy Chief Magistrate

DANIEL J. MULING,

Deputy Chief Magistrate

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ENDNOTES

[1] Rule 4: S.R. No. 181/2009 as amended by S.R. No. 18/2011.