Magistrates Court Rules (Amendment) (ACT)

This case involves the Magistrates Court Rules (Amendment) (ACT) 1987, which amends the Magistrates Court Rules 1987 to change the fee structure for copies of court records or transcripts. The amendments were made by Lionel Bowen, the Attorney-General of the Commonwealth of Australia, under the Interpretation Ordinance 1967. The amendments were made to address concerns about the accessibility of court records for certain parties, particularly those who may be unable to afford the cost of obtaining a copy. The court was required to determine whether the amendments were within the power of the Attorney-General to make and whether they were consistent with the Magistrates Court Ordinance 1930.

The court found that the amendments were within the power of the Attorney-General to make and were consistent with the Magistrates Court Ordinance 1930. The court noted that the amendments were intended to promote access to justice by reducing the cost of obtaining court records for certain parties, such as accused persons, defendants, parties to family law proceedings, and relatives of deceased persons. The court also found that the amendments were not inconsistent with any other relevant legislation or regulations. The court held that the amendments were valid and should be implemented as part of the Magistrates Court Rules.

The court made an order that the Magistrates Court Rules (Amendment) (ACT) 1987 be registered and that the amendments take effect from the date of commencement of the Regulations. The court also noted that the amendments would apply only in relation to copies of court records or transcripts for which an application was made on or after the date of commencement of the Regulations. The amendments are intended to promote greater access to justice by reducing the cost of obtaining court records for certain parties, and the court found that they were within the power of the Attorney-General to make and consistent with the relevant legislation.