Magistrates Court Rules Amendment Rules (No. 2) 2021 (WA)

23 July 2021 GOVERNMENT GAZETTE, WA 3151

JUSTICE

JU301

Magistrates Court Act 2004

Magistrates Court (Civil Proceedings) Act 2004

Magistrates Court Rules Amendment Rules

(No. 2) 2021

SL 2021/133

Made by the Magistrates Court in accordance with the Magistrates Court

Act 2004 section 39.

Part 1 — Preliminary

1.   Citation

These rules are the Magistrates Court Rules Amendment Rules

(No. 2) 2021.

2.   Commencement

These rules come into operation as follows —

(a)	Part 1 — on the day on which these rules are published in the Gazette;
(b)	the rest of the rules — on the day after that day.

Delete rule 96(1)(a).

Part 2 — Magistrates Court (Civil Proceedings)

Rules 2005 amended

3. Rules amended

This Part amends the Magistrates Court (Civil Proceedings)

Rules 2005.

4.            Rule 96 amended

3152 GOVERNMENT GAZETTE, WA 23 July 2021

5.            Rule 98A amended

In rule 98A(2) after "these rules" insert:

or in the Magistrates Court (General) Rules 2005

Part 3 - Magistrates Court (General) Rules 2005

amended

6.            Rules amended

This Part amends the Magistrates Court (General) Rules 2005.

7.	Rule 13A amended Delete rule 13A(6) and insert:
(6) A document lodged under this rule is taken to have been lodged on the day and at the time recorded by the ECMS.

8.           Rule iSA amended

(1)	In rule 15A(1) delete "to be issued to a person by the court" and insert:
requhed to be issued to a person by the Court
(2)	In rule 15A(2) delete "court" and insert:
Court
Note: The heading to amended rule 15A is to read:

Documents issued by Court by means of ECMS

9.            Rule 52 amended

(1) Delete rule 52(la)(c) and insert:

(c) return 1 copy of the form to the applicant and
issue 1 copy to the Commissioner of Police at
least 5 clear days before the date set by the
Court for the hearing of it.

(2) Delete rule 52(2A)(c) and insert:

(c) return 1 copy of the form to the applicant and issue 1 copy to the Commissioner of Police at

2;l July 2021 GOVERNMENT GAZETTE, WA 3153

least 14 clear days before the date set by the

Court for the hearing of it.

(3) Delete rule 52(2)(c) and insert:

(c) return 1 copy of the form to the applicant and issue 1 copy to the CEO.

(4) Delete rule 52(3)(c) and insert:

(c) return 1 copy of the form to the applicant and issue 1 copy to the CEO.

(5)	In rule 52(5) delete "one" and insert:
1
(6)	After rule 52(5) insert:
(6) For the purposes of rule 15A(1), a copy of a form that a

registrar must issue under this rule is taken to be a
document that is required to be issued by the Court.

10.         Rule 53 amended

Delete rule 53(1a) and (1) and insert:

(1) If the Court is satisfied that an application made under

the RTA section 71B(7), 71F(1) or 8045) or (6) has

been issued to the Commissioner of Police, the Court

may deal with the application in the absence of the

Commissioner of Police.

(1A) If the Court is satisfied that an application made under

the RT (AD) Act section 27 or 35(1) has been issued to the CEO, the Court may deal with the application in the absence of the CEO.

Note: The heading to amended rule 53 is to read:

Appearance at hearing of application

STEVEN HEATH, Chief Magistrate,

Magistrates Court in Perth.

Date: 19 July 2021.