Magistrates' Court (Judicial Registrars) (Amendment) Rules 2007 (Vic)

Magistrates' Court (Judicial Registrars) (Amendment) Rules 2007

S.R. No. 86/2007

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Proceedings that may be dealt with by a judicial registrar

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ENDNOTES

STATUTORY RULES 2007

S.R. No. 86/2007

Magistrates' Court Act 1989

Magistrates' Court (Judicial Registrars) (Amendment) Rules 2007

The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:

1Object

The object of these Rules is to prescribe further proceedings or classes of proceedings which may be dealt with by the Court constituted by a judicial registrar.

2Authorising provisions

These Rules are made under sections 16 and 16I of the Magistrates' Court Act 1989.

3Commencement

These Rules come into operation on 1 August 2007.

4Proceedings that may be dealt with by a judicial registrar

(1)For Rule 4(1)(a) of the Magistrates' Court (Judicial Registrars) Rules 2005[1] substitute—

"(a)in a civil proceeding, the power to make orders, including final orders, with the consent of the parties to the proceeding (except for a proceeding under the Crimes (Family Violence) Act 1987 or the Family Law Act 1975 of the Commonwealth); and

(ab)a proceeding for an order to remove a prisoner from a prison and to have the prisoner brought before the Court under regulation 19(1) of the Corrections Regulations 1998[2]; and

(ac)subject to subrule (1A), a proceeding under sections 5, 6 and 7 of the Instruments Act 1958; and

(ad)a proceeding under section 5(1), 6(7)(b), 8, 13, 14 or 18 of the Judgment Debt Recovery Act 1984; and".

(2)After Rule 4(1)(c) of the Magistrates' Court (Judicial Registrars) Rules 2005 insert—

"(ca)the power of a registrar in a proceeding under Division 3 of Part 4 of the Magistrates' Court Act 1989; and

(cb)subject to subrule (1A), a proceeding under sections 95, 110, 128(1), (3) and (4) of the Magistrates' Court Act 1989; and".

(3)For Rule 4(1)(e) of the Magistrates' Court (Judicial Registrars) Rules 2005 substitute—

"(e)a proceeding—

(i)for an offence which is an infringement offence or a lodgeable infringement offence within the meaning of the Infringements Act 2006, except for a proceeding under section 49 of the Road Safety Act 1986; or

(ii)under the Infringements Act 2006 that is not a proceeding of a kind referred to in subparagraph (i), except for a proceeding under section 87(2), 107, 127(1), 128(1), 133(1), 139, 143(2), 155, 156(4) or (5), 160(1), (3) or (4), 161A or 167 of that Act; and".

(4)After Rule 4(1)(f) of the Magistrates' Court (Judicial Registrars) Rules 2005 insert—

"(fa)an application under section 8 or 15 of the Private Agents Act 1966; and".

(5)After Rule 4(1) of the Magistrates' Court (Judicial Registrars) Rules 2005 insert—

"(1A)Subject to this Rule, the powers of a judicial registrar in a proceeding under section 74 of the Infringements Act 2006, section 6 of the Instruments Act 1958 or section 95 or 110 of the Magistrates' Court Act 1989 do not include a power to re-hear the proceeding.".

(6)For Rule 4(2) of the Magistrates' Court (Judicial Registrars) Rules 2005 substitute—

"(2)The powers of a judicial registrar—

(a)subject to paragraph (b), include a power to deal with and exercise all or any of the powers of a registrar under the Magistrates' Court Act 1989 and any other Act or the rules; and

(b)in a proceeding referred to in subrule (1)(b), do not include any powers referred to in section 16 I (b)(i) of the Magistrates' Court Act 1989.".

Dated:    31 July 2007

IAN L. GRAY,
Chief Magistrate

PETER HENRY LAURITSEN,
Deputy Chief Magistrate

DANIEL J. MULING,
Deputy Chief Magistrate

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ENDNOTES

[1] Rule 4: S.R. No. 166/2005.

[2] Rule 4(1)(ab): S.R. No. 52/1998 as amended by S.R. No. 14/2006.