Magistrates Court (General) Amendment Rules 2007 (WA)

4322 GOVERNMENT GAZETTE, WA 24 August 2007

JU302*

Magistrates Court Act 2004

Magistrates Court (General) Amendment

Rules 2007

Made by the Magistrates Court.

1.             Citation

These rules are the Magistrates Court (General) Amendment
Rules 2007.

2.             Commencement

These rules come into operation as follows:

(a)	rules 1, 2 and 3 — on the day on which these rules are published in the Gazette (“Gazettal day”);
(b)	the rest of the rules — on the day after the Gazettal day.

3.             The rules amended

The amendments in these rules are to the Magistrates Court
(General) Rules 2005.

4.             Rule 8 replaced by rules 8 and 8A

Rule 8 is repealed and the following rules are inserted
instead —

“

8.             Registry at which applications commencing a case must be lodged

Except as provided in —

(a)	Parts 6 to 9; and
(b)	the Magistrates Court (Civil Proceedings) Rules 2005 rule 96; and
(c)	the Magistrates Court (Minor Cases Procedure) Rules 2005 rule 46,

an application that is to commence a case may be
lodged at any registry.

24 August 2007 GOVERNMENT GAZETTE, WA 4323

8A.	Registry at which documents must be lodged if a case has commenced
(1)	Except as provided in subrule (2), a document that is to be lodged in respect of a case that has been commenced must be lodged at the registry at which the case is being conducted.
(2)	An application for an order under the CPA section 138 is to be lodged at the registry of the Perth Court.

”.

5.             Rule 24 amended

(1)	Rule 24 is amended by inserting before “In” the subrule designation “(1)”.
(2)	At the end of rule 24 the following subrule is inserted —

“

(2) When a registrar exercises the conferred jurisdiction,
the registrar can exercise any power of the Court that
could be exercised if a magistrate were exercising that
jurisdiction.

”.

6.             Part 3A inserted

After regulation 28 the following Part is inserted —

“

Part 3A — General matters

28A.	Title and address
In court and in relation to court proceedings, a magistrate is entitled —

(a)	to be addressed as “Your Honour”; and
(b)	to be referred to as “His Honour” or “Her Honour”.

”.

7.             Rule 46A inserted

After rule 46 the following rule is inserted into Part 6 —

“

46A.	Applications relating to disclosure requirements (CPA s. 138)
An application for an order under the CPA section 138 must be heard by a magistrate sitting in chambers at the Perth Court.

”.

4324 GOVERNMENT GAZETTE, WA 24 August 2007

8.             Rules 51A and 51B inserted

After rule 51 the following rules are inserted —

“

51A.	Applications under RTA s. 103(6), how to be made
(1)	An application under the RTA section 103(6) must be made by lodging a Form 9 and any affidavit that the applicant proposes to tender at the hearing of the application.
(2)	When a form and any affidavit is lodged under this rule, 2 copies must be also be lodged.
51B.	Registries where applications may be lodged
An application referred to in rule 51 or 51A may be lodged at any registry of the Court, even if the only registrar is a Deputy Registrar appointed under the Act section 26(5).

”.

9.             Rule 52 amended

(1) Rule 52(1) is amended as follows:

(a) by inserting after “rule 51” —

“ or 51A ”;

(b) by inserting after “section 76” —

“ or 103(6), as the case requires ”.

(2)	Rule 52(2) is amended by deleting “or 6,” and inserting instead —
“ , 6 or 9, ”.

10.           Rule 54 amended

Rule 54 is amended as follows:

(a)	by deleting “or”;
(b)	by inserting after “section 76(7)(a)” —

“ or 103(6) ”.

11.           Part 9 replaced

Part 9 is repealed and the following Part is inserted instead —

“

Part 9 — Criminal Investigation Act 2006 rules

56.           Applications under Criminal Investigation Act 2006 s. 151, how to be made

(1) An application under the Criminal Investigation
Act 2006 section 151(4) must be made by lodging a
Form 10 and every seized record relating to the
application.

24 August 2007 GOVERNMENT GAZETTE, WA 4325

(2) The application must be lodged with —

(a)	one or more affidavits that state the facts and circumstances on which it is based; and
(b)	any records that are to be lodged with the application.

(3) When a form and affidavits are lodged under this rule,
2 copies must be also be lodged.

57.           Registries where applications may be lodged

(1) In this rule —

“non-police registry” means a registry where there is at least one registrar who is not a Deputy Registrar appointed under the Act section 26(5).

(2) An application under rule 56 may be lodged at the nearest non-police registry to the place where the records were seized.

58.           Registrar’s functions when application is made

On accepting a Form 10, a registrar must —

(a)	list the application for hearing on the earliest convenient date; and
(b)	insert the hearing details on the form; and
(c)	return the 2 copies of the form and any affidavits to the applicant.

59.           Application must be served

The applicant must serve a copy of the application and
affidavits on every person entitled to possession of the
records at least 5 clear days before the date listed for
the hearing of the application.

”.

4326 GOVERNMENT GAZETTE, WA 24 August 2007

12.           Schedule 2 amended

After Schedule 2 Form 8 the following forms are inserted —

“

9.              Application to set aside driving disqualification based on accumulation of points (r. 51A(1))

Road Traffic Act 1974 s. 103(6)	Application to set aside driving
Magistrates Court at	disqualification based on
No:	accumulation of points
Applicant	Full name Address Date of birth
Details of	Notice No.

disqualification Date served

Date of
disqualification

(s. 103(4))

Application	Under the Road Traffic Act 1974 s. 103(6) I apply for an order setting aside the disqualification.
Grounds for this application1
Signature of	Date
applicant
Hearing details	This application will be heard — on [date] at [time] or as soon after as possible, at [place]

Note to Form 9 —

1.      Specify any alleged error in the number of points, or in the computation of the number of points, recorded against you.

24 August 2007 GOVERNMENT GAZETTE, WA 4327

10.            Application for decision on whether information in seized record is privileged (r. 56)

Criminal Investigation Act 2006	Application for decision on
Magistrates Court at	whether information in seized
No:	record is privileged
Applicant	Full name Address
Person entitled	Full name
to possession of	Address
the record
Application	The applicant applies for a decision on whether information in the seized record(s) set out below is privileged.
Seized  record(s)1
Privilege claimed2
Signature of applicant or lawyer	Date

Applicant/Applicant’s lawyer

Hearing details This application will be heard —
on [date] at [time] or as soon after as possible,
at [place]

Note to Form 10 —

1.      Set out a description of the seized record or records.

2.      Set out the basis or bases upon which the person entitled to possession of the record(s) claims that information in the record(s) is privileged and lodge the record(s) with this application.

”.

Dated: 23 July 2007.

STEVEN HEATH

Chief Magistrate

E. WOODS
Deputy Chief Magistrate

D. JONES Magistrate

M. E. PONTIFEX
Magistrate