Magistrates Court (General) Amendment Rules 2010 (WA)

7 January 2011 GOVERNMENT GAZETTE, WA 51

JUSTICE

JU301*

Magistrates Court Act 2004

Magistrates Court (General) Amendment

Rules 2010

Made by the Magistrates Court.

1.             Citation

These rules are the Magistrates Court (General) Amendment
Rules 2010.

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 (General) Rules 2005.

4.             Rule 37 amended

Delete rule 37(2) and (3) and insert:

(2) When the request is lodged, a registrar may —

(a)	grant it, if satisfied that the person making it is entitled under the Act section 33(3) or (7) to inspect or obtain a copy of the document requested; or
(b)	refer it to a magistrate.

(3) A magistrate to whom a request is referred may, in
chambers —

(a)	without hearing the person making the request, grant it; or
(b)	order a registrar to list the request for hearing by a magistrate.

(4) A magistrate hearing the request may grant or refuse it.

52 GOVERNMENT GAZETTE, WA 7 January 2011

5.             Rule 38 amended

Delete rule 38(2) and (3) and insert:

(2)	When the application is lodged, a registrar may grant it or refer it to a magistrate.
(3)	A magistrate to whom an application is referred may, in chambers —

(a)	without hearing the applicant, grant the application; or
(b)	order a registrar to list the application for hearing by a magistrate.

(4) A magistrate hearing the application may grant or
refuse it.

6.             Rule 39 amended

Delete rule 39(2), (3) and (4) and insert:

(2) When the application is lodged, a registrar —

(a)	must refer it to a magistrate; and
(b)	may attach to it a written report on the administrative implications of granting it.

(3) A magistrate to whom an application is referred may,
in chambers —

(a)	without hearing the applicant, grant the application; or
(b)	order a registrar to list the application for hearing by a magistrate.

(4)	If under subrule (2)(b) a registrar has attached a report to an application, a magistrate must consider the report before determining the application.
(5)	A magistrate hearing the application may grant or refuse it.

Dated: 23 December 2010.

Magistrates’ signatures:

STEVEN HEATH, Chief Magistrate.

E. WOODS, Deputy Chief Magistrate.

M. BOON, Magistrate.

G. SMITH, Magistrate.