Magistrates' Court Criminal Procedure (Amendment No. 5) Rules 2014 (Vic)

Magistrates' Court Criminal Procedure (Amendment No. 5) Rules 2014

S.R. No. 24/2014

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Rule 21 substituted

21Summary case conference

6Registrar or judicial registrar may dispense with summary case conference requirement

7Objection to production and inspection of protected documents and things

8Notice and list of information or other documents to accompany hand-up brief

9Application for time to pay, instalment order or variation of instalment order

10Consideration of application

11Determination of application

12Enforcement of fines against a natural person

13Enforcement of fine against body corporate

14Summons for warrant to seize property returned unsatisfied

15Declaration of liability of a director for offence of body
corporate

16Form 24 amended

17Form 47 amended

18Form 48 amended

19Form 48A amended

20Form 49 amended

21Form 50 amended

22Form 51 amended

23Form 52 amended

24Form 53 amended

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ENDNOTES

STATUTORY RULES 2014

S.R. No. 24/2014

Magistrates' Court Act 1989

Magistrates' Court Criminal Procedure (Amendment No. 5) Rules 2014

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—

(a)to clarify that the parties to a summary case conference must use their best endeavours to resolve any issue in dispute; and

(b)to amend Part 2 of Order 10 (Fines) as a consequence of the commencement of Part 5 of the Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013; and

(c)to make other amendments of a statute law revision nature.

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 5 May 2014.

4Principal Rules

In these Rules, the Magistrates' Court Criminal Procedure Rules 2009[1] are called the Principal Rules.

5Rule 21 substituted

For Rule 21 of the Principal Rules substitute—

"21   Summary case conference

The parties to a summary case conference must use their best endeavours to resolve any issue in dispute.".

6Registrar or judicial registrar may dispense with summary case conference requirement

In Rule 23 of the Principal Rules, for "section 54(6)" substitute "section 54(5)".

7Objection to production and inspection of protected documents and things

(1)In Rule 27(1) of the Principal Rules, for "section 107 of the Police Integrity Act 2008" substitute "section 48 of the Independent Broad-based Anti-corruption Commission Act 2011".

(2)In Rule 27(2) of the Principal Rules, for "section 107(2) of the Police Integrity Act 2008" substitute "section 48(2) of the Independent Broad-based Anti-corruption Commission Act 2011".

8Notice and list of information or other documents to accompany hand-up brief

In Rule 46(1) of the Principal Rules, for "section 110(1)(a)" substitute "section 110(a)".

9Application for time to pay, instalment order or variation of instalment order

(1)In Rule 98 of the Principal Rules, for "section 55(1)" substitute "section 57, 60, 61 or 65".

(2)In Rule 98(a) of the Principal Rules, for "section 55(1)(d)" substitute "section 65".

(3)In Rule 98(b) of the Principal Rules, for "section 55(1)(a), 55(1)(b) or 55(1)(c)" substitute "section 57, 60 or 61".

(4)In Rule 98(c) of the Principal Rules, for "section 55(1)(d)" substitute "section 65".

10Consideration of application

In Rule 99(1) of the Principal Rules, for "section 55(1)" substitute "section 57, 60, 61 or 65".

11Determination of application

(1)In Rule 100(1) of the Principal Rules, for "section 55(1)(a)" substitute "section 59".

(2)In Rule 100(2) of the Principal Rules, for "section 55(1)(b) or 55(1)(c)" substitute "section 56 or 63".

(3)In Rule 100(3) of the Principal Rules, for "section 55(1)(d) or 55(3)" substitute "section 64".

12Enforcement of fines against a natural person

(1)In Rule 101(1) of the Principal Rules, for "section 62(10)(a)" substitute "section 69H(2)(a)".

(2)In Rule 101(2) of the Principal Rules, for "section 62(8)" substitute "section 69C(3)".

(3)In Rule 101(3) of the Principal Rules, for "section 62(10)(a), 62A(1) or 64(4)" substitute "section 69D(2), 69H(2)(a) or 69M(4)".

13Enforcement of fine against body corporate

In Rule 102 of the Principal Rules, for "section 66(3)" substitute "section 69Y(3)".

14Summons for warrant to seize property returned unsatisfied

(1)In Rule 103(1) and (2) of the Principal Rules, for "section 64(1)" substitute "section 69M(1)".

(2)In Rule 103(4) of the Principal Rules, for "section 64" substitute "section 69M".

15Declaration of liability of a director for offence of body corporate

In Rule 104 of the Principal Rules, for "section 50(6)" substitute "section 55(1)".

16Form 24 amended

In Form 24 of the Principal Rules omit all the words and expressions commencing "The amount was ordered" and ending "the case was dismissed.".

17Form 47 amended

(1)In the heading to Form 47 of the Principal Rules, after "FINE" insert "OR TO PAY A FINE BY INSTALMENTS".

(2)In Form 47 of the Principal Rules, for "Section 55(1)" substitute "Section 57, 60 or 61".

18Form 48 amended

In Form 48 of the Principal Rules, for "Section 55(1)" substitute "Section 65".

19Form 48A amended

In Form 48A of the Principal Rules, for "Sections 55(1)(d) and 55(3)" substitute "Section 64".

20Form 49 amended

In Form 49 of the Principal Rules, for "Section 62(10)(a)" substitute "Section 69C(3)".

21Form 50 amended

(1)In Form 50 of the Principal Rules, for "Section 62(8)" substitute "Section 69C(3)".

(2)In Form 50 of the Principal Rules, for "community-based order" substitute "fine default unpaid community work order".

22Form 51 amended

In Form 51 of the Principal Rules, for "Section 66(3)" substitute "Section 69Y(3)".

23Form 52 amended

In Form 52 of the Principal Rules, for "Section 62(10)(a)" substitute "Section 69D(2), 69H(2) or 69M(4)".

24Form 53 amended

In Form 53 of the Principal Rules, for "Section 64(1)" substitute "Section 69M(1)".

Dated:    29 April 2014

P. LAURITSEN,

Chief Magistrate

J. POPOVIC,

Deputy Chief Magistrate

F. BROUGHTON,

Deputy Chief Magistrate

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ENDNOTES

[1] Rule 4: S.R. No. 181/2009 as amended by S.R. Nos 18/2011, 59/2011, 123/2011, 150/2011, 118/2012, 155/2013 and 177/2013.