Magistrates Court (General) Amendment Rules (No. 2) 2013 (WA)

3818 GOVERNMENT GAZETTE, WA 20 August 2013

JU303*

Magistrates Court Act 2004

Magistrates Court (General) Amendment Rules

(No. 2) 2013

Made by the Magistrates Court.

1.             Citation

These rules are the Magistrates Court (General) Amendment
Rules (No. 2) 2013.

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 on which the Fines, Penalties and Infringement Notices Enforcement Amendment Act 2012 section 36 comes into operation.

3.             Rules amended

These rules amend the Magistrates Court (General) Rules 2005.

4.             Rule 49A inserted

After rule 48 insert:

49A.	Application to cancel enforcement warrant (Act s. 101AA)
(1)	An application under the Act section 101AA must be made by lodging a Form 4AA.
(2)	On accepting a Form 4AA, 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 one copy of the form to the applicant and serve one copy on the Sheriff in accordance with the CPA Schedule 2 clause 2 or 3 at least 5 clear days before the date set by the Court for the hearing of it.

20 August 2013 GOVERNMENT GAZETTE, WA 3819

5.             Schedule 2 Form 3 amended

In Schedule 2 Form 3 delete “notice of intention to suspend licences”
and insert:

notice of intention to enforce

6.             Schedule 2 Form 4AA inserted

In Schedule 2 after Form 3 insert:

4AA.	Application to cancel enforcement warrant made in respect of infringement notice (r. 49A)
Fines, Penalties and Infringement Notices	Application for cancellation of
Enforcement Act 1994 s. 101AA	enforcement warrant issued under
Magistrates Court at	Part 3
No:
Applicant	Full name
Address
Date of birth
Enforcement	Prosecuting authority
warrant details	Infringement notice No.
Registry case no.
Action   Personal property seized

	Land seized
	Vehicle immobilised
	Number plates removed from vehicle

Application

An enforcement warrant has been issued in respect of me, the applicant, under the Fines, Penalties and Infringement Notices

Enforcement Act 1994 Part 3. The enforcement warrant was served
on __/__/__.

Under section 101AA of that Act I apply for an order cancelling the enforcement warrant on the grounds that I received none of the following —

(a)	the infringement notice that give rise to the warrant;
(b)	the final demand issued under section 14 of the Act in respect of the infringement notice;
(c)	the order to pay or elect issued under section 17 of the Act in respect of the infringement notice;
(d)	the notice of intention to enforce issued under section 18 of the Act in respect of the infringement notice;
(e)	any notice confirming licence suspension issued under section 19(6) of the Act in respect of the infringement notice.

Certificate by

I certify that I have not previously made an unsuccessful application

applicant

under section 101AA of the Act in relation to this enforcement warrant or in relation to any other enforcement warrant made in respect of the infringement notice to which the warrant relates.

3820 GOVERNMENT GAZETTE, WA 20 August 2013

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

7.             Schedule 2 Form 4 amended

In Schedule 2 Form 4 delete “notice of intention to suspend licences”
and insert:

notice of intention to enforce 

Dated: 17 July 2013.

Magistrates’ signatures:

STEVEN ALEX HEATH,

Chief Magistrate.

ELIZABETH ADELE WOODS,

Deputy Chief Magistrate.

MICHAEL DAVID WHEELER,

Magistrate.

GIUSEPPE MIGNACCA-RANDAZZO,

Magistrate.

———————————