Magistrates Court (General) Amendment Rules (No. 3) 2014 (WA)

8 January 2015	GOVERNMENT GAZETTE, WA	161
Magistrates Court Act 2004

Magistrates Court (General) Amendment Rules

(No. 3) 2014

Made by the Magistrates Court.

1.             Citation

These rules are the Magistrates Court (General) Amendment
Rules (No. 3) 2014.

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 fixed under the Road Traffic (Administration) Act 2008 section 2(b).

3.             Rules amended

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

4.             Part 8 heading amended

In the heading to Part 8 delete “Road Traffic Act 1974”
and insert:

Road traffic legislation 

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Magistrates Court (General) Amendment Rules (No. 3) 2014

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5.             Rule 50 amended

(1)	In rule 50 delete the definition of Director General.
(2)	In rule 50 insert in alphabetical order:

CEO has the meaning given in the Road Traffic

(Administration) Act 2008 section 4;

RT (AD) Act means the Road Traffic (Authorisation to
Drive) Act 2008;

6.             Rule 51 amended

(1)	In rule 51(1) delete “RTA section 76(1)” and insert:
RT (AD) Act section 27
(2)	In rule 51(3) delete “RTA section 76(7)(a)” and insert:
RT (AD) Act section 35(1)
(3)	In rule 51(4) delete “RTA section 76(7)(b)” and insert:
RT (AD) Act section 35(2)
Note:  The heading to rule 51 is to read:

Application under RT (AD) Act s. 27 or 35, how to be made

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7.             Rule 52 amended

(1)	In rule 52(1) delete “RTA section 76.” and insert:
RT (AD) Act section 29 or 35(3).
(2)	In rule 52(2):

(a) in paragraph (c) delete “Director General” and insert:

CEO

(b) in paragraph (c) delete “Director General.” and insert:

CEO.

(3)	In rule 52(3)(c) delete “Director General” and insert:
CEO
(4)	In rule 52(4)(c) delete “Director General.” and insert:
CEO.
(5)	In rule 52(5) delete “Director General” and insert:
CEO

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8.             Rule 53 amended

(1) In rule 53(1):

(a)	delete “Director General has been served with an application made under the RTA section 76(1) or an application made under the RTA section 76(7)(a),” and insert:
CEO been served with an application made under the RT (AD) Act section 27 or 35(1),
(b)	delete “Director General.” and insert:

CEO.

(2)	In rule 53(2) delete “RTA section 76(7)(b)” and insert:
RT (AD) Act section 35(2)

9.             Rule 54 amended

In rule 54 delete “RTA section 76(1) or an application made
under the RTA section 76(7)(a) —” and insert:

RT (AD) Act section 27 or 35(2) — 

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10.           Rule 55 amended

In rule 55 delete “Director General” and insert:

CEO

Note:  The heading to rule 55 is to read:

CEO to be notified of decision

11.           Schedule 2 amended

(1) In Schedule 2 Form 5:

(a) delete “Road Traffic Act 1974 s. 76(1)” (each occurrence) and insert:

Road Traffic (Authorisation to Drive) Act 2008 s. 27

(b) delete “Director General” and insert:

CEO

(c) delete “Road Traffic Act 1974 s. 76(3).” and insert:

Road Traffic (Authorisation to Drive) Act 2008 s. 30.

(2) In Schedule 2 Form 7:

(a) delete “Road Traffic Act 1974 s. 76(7)(a)” (each occurrence) and insert:

Road Traffic (Authorisation to Drive) Act 2008 s. 35(1)

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(b) delete “Road Traffic Act 1974 s. 76(9)(a).” and insert:

Road Traffic (Authorisation to Drive) Act 2008 s. 35(4).

(3) In Schedule 2 Form 8:

(a) delete “Road Traffic Act 1974 s. 76(7)(b)” (each occurrence) and insert:

Road Traffic (Authorisation to Drive) Act 2008 s. 35(2)

(b) delete “by Director General” and insert:

by CEO

(c) delete “the Director General” and insert:

the CEO

(d) delete “for Director General” and insert:

for CEO

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(e) delete “Road Traffic Act 1974 s. 76(9).” and insert:

Road Traffic (Authorisation to Drive) Act 2008 s. 35(4).

Note:	The heading to Schedule 2 Form 8 is to read:
Application by CEO to vary, cancel extraordinary licence (r. 51(4))

S. HEATH, Chief Magistrate.

E. WOODS, Deputy Chief Magistrate.

R. BAILEY, Magistrate.

K. TAVENER, Magistrate.

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