Magistrates' Court (Judicial Registrars) Amendment Rules 2019 (Vic)

Magistrates' Court (Judicial Registrars) Amendment Rules 2019

S.R. No. 24/2019

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Criminal proceedings and related proceedings that may be dealt with by judicial registrars

5Powers of judicial registrars in certain criminal proceedings and certain related proceedings

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Endnotes

STATUTORY RULES 2019

S.R. No. 24/2019

Magistrates' Court Act 1989

Magistrates' Court (Judicial Registrars) Amendment Rules 2019

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

1Object

The object of these Rules is to amend the Magistrates' Court (Judicial Registrars) Rules 2015—

(a)to prescribe certain criminal proceedings in the Court under the Road Safety Act 1986 which the Court, constituted by a judicial registrar, may deal with; and

(b)to prescribe certain powers that may be exercised by the Court constituted by a judicial registrar in proceedings in the Court in relation to certain offences under the Marine (Drug, Alcohol and Pollution Control) Act 1988, the Road Safety Act 1986 and the Transport (Safety Schemes Compliance and Enforcement) Act 2014.

2Authorising provisions

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

3Commencement

These Rules come into operation on 29 March 2019.

4Criminal proceedings and related proceedings that may be dealt with by judicial registrars

After Rule 6(ea) of the Magistrates' Court (Judicial Registrars) Rules 2015[1] insert—

"(eb)a proceeding for an offence against section 65A of the Road Safety Act 1986;".

5Powers of judicial registrars in certain criminal proceedings and certain related proceedings

After Rule 7(3) of the Magistrates' Court (Judicial Registrars) Rules 2015 insert—

"(4)A judicial registrar may exercise all or any powers of the Court under the following provisions—

(a)section 61B of the Marine (Drug, Alcohol and Pollution Control) Act 1988;

(b)sections 67 and 89BA of the Road Safety Act 1986;

(c)sections 96 and 98 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014.".

Dated:   28 March 2019

PETER LAURITSEN,

Chief Magistrate

FRANZ HOLZER,

Deputy Chief Magistrate

LANCE IVAN MARTIN,

Deputy Chief Magistrate

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Endnotes

[1] Rule 4: S.R. No. 154/2015 as amended by S.R. Nos 135/2016 and 28/2018.