Magistrates Court (General) Amendment Rules (No. 2) 2008 (WA)

3 October 2008 GOVERNMENT GAZETTE, WA 4485

JU301*

Magistrates Court Act 2004

Magistrates Court (General) Amendment Rules

(No. 2) 2008

Made by the Magistrates Court.

1.            Citation

These rules are the Magistrates Court (General) Amendment
Rules (No. 2) 2008.

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.            The rules amended

rule, 2 copies must also be lodged.

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

4.            Rule 51A inserted

After rule 51 the following rule is inserted

44  

51A.	Applications under RTA s. 80J, how to be made
(1)	An application under the RTA section 80J(5) or (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

4486 GOVERNMENT GAZETTE, WA 3 October 2008

5.           Rule SiB amended

After rule 5 1B(2) the following subrule is inserted -

44

(3) An application referred to in rule 5 1A may be lodged at

the nearest non-police registry to the place where the
uncollected vehicle or item that is the subject of the
application is being held.

6.            Rule 52 amended

Rule 52(l a) is amended by deleting "Form 4A," and inserting instead -

Form 4A or 9, ".

7.            Rule 53 amended

Rule 53(la) is amended by deleting "section 71B(7)," and inserting instead -

" section 71B(7) or 80J(5) or (6), ".

8.            Schedule 2 amended

(1)	Schedule 2 Form 4A is amended in the note by deleting "Form 10" and inserting instead -
" Form 4A ".
(2)	Schedule 2 is amended by inserting after Form 8 -

"

9.	Application by owner for delay of sale of uncollected vehicle and/or return of item (r. 51A)
Road Traffic Act 1974 S. 80J(5) & (6)	Application by owner for delay
Magistrates Court at	of sale of uncollected vehicle and/or return of item
No:
Applicant (Owner)	Full name Address
Uncollected	Registration
vehicle/item	No.
Description of item
Application	I apply for -
[Tick applicable	0 An order that the sale or disposal of the uncollected
box(es)]	vehicle not take place until after:
An order that the item be returned.
Signature of

applicant or lawyer Applicant or lawyer Date

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

3 October 2008 GOVERNMENT GAZETTE, WA 4487

Notes to Form 9 —

Specify until when you want the sale delayed. The sale cannot be delayed later than 3 months after the day of the order you are seeking.

Dated: 24 September 2008.

STEVEN HEATH,
Chief Magistrate.
E. WOODS,
Deputy Chief Magistrate.
M. BOON,
Magistrate.
PAUL HEANEY,

Magistrate.