Supreme Court Amendment Rules 2014 (WA)

19 December 2014 GOVERNMENT GAZETTE, WA 4845

JU302*

Supreme Court Act 1935

Supreme Court Amendment Rules 2014

Made by the Judges of the Supreme Court.

I.            Citation

These rules are the Supreme Court Amendment Rules 2014.

2.            Commencement

Road traffic legislation

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 Rules of the Supreme Court 1971.

4.            Order 81C heading amended

In the heading to Order 81C delete "Road Traffic

Act 1974" and insert:

4846 GOVERNMENT GAZETTE, WA 19 December 2014

5.            Order 81C rule 1 replaced

Delete Order 8 1 C rule 1 and insert:

1.            Terms used

In this Order -
CEO has the meaning given in the Road Traffic
(Administration) Act 2008 section 4;
RT (Al)) Act means the Road Traffic (Authorisation to
Drive) Act 2008.

6.            Order 81C rule 2 amended

(1)	In Order 81C rule 2(1) delete "RTA section 76(1)" and insert:
RT (AD) Act section 27
(2)	In Order 81C rule 2(2) delete "RTA section 76(7)(a)" and insert:
RT (AD) Act section 35(1)
(3)	In Order 81C rule 2(3) delete "RTA section 76(7)(b)" and insert:
RI (AD) Act section 35(2)

(4) In Order 81C rule 2(4) delete "RTA section 78" and insert:

RI (AD) Act section 24(1)

Note: The heading to amended rule 2 is to read:

Applications under RT (AD) Acts. 24, 27 or 35, how to be made

7.           Order 81C rule 3 amended

In Order 81C rule 3(1) delete "RTA section 76 or 78." and insert:

RT (AD) Act section 29 or 35(3).

8.            Order 81C rule 4 amended

(1)	In Order 8 1 C rule 4(1) delete "Director General." and insert:
CEO.

19 December 2014 GOVERNMENT GAZETTE, WA 4847

(2) In Order 81C rule 4(2) delete "Director General" and insert:

CEO

9.            Order 81C rule 5 amended

(1) In Order 8lC rule 5(1):

(a) delete "Director General" and insert:

CEO

(b) delete "RTA section 76(1) or (7)(a) or 78. and insert: RT (AD) Act section 24(1), 27 or 35(1).

(2) In Order 81C rule 5(2):

(a)	delete "Director General has been served with an application made under the RTA section 76(1) or (7)(a) or 78," and insert:
CEO been served with an application made under the RT (AD) Act section 24(1), 27 or 35(1),
(b)	delete "Director General." and insert:

CEO.

(3) In Order 81C rule 5(5) delete "RTA section 76(7)(b)" and

insert:

RI (AD) Act section 35(2)

10.          Orde r 81C rule 6

(1)	In Order 8 1 C rule 6(1) delete "RTA section 76(1) or (7)(a) or (b) -" and insert:
RI (AD) Act section 27 or 35(1) or (2) -
(2)	In Order 81C rule 6(2) delete "RTA section 76 or 78," and insert:
RI (AD) Act section 24(1), 27 or 35(1) or (2),

4848 GOVERNMENT GAZETTE, WA 19 December 2014

11.          Order 81C rule 7 amended

In Order 8 1C rule 7 delete "RTA section 76 or 78, a registrar must give the Director General" and insert:

RT (AD) Act section 24(1), 27 or 35(1) or (2), a registrar must give the CEO

Note: The heading to amended rule 7 is to read:

CEO to be notified of decision

12.          Schedule 2 amended

(1) In Schedule 2 Form 101:

(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 102:

(a) delete "Road Traffic Act 1974 S. 76(7)(a)" (each occurrence)

and insert:

Road Traffic (Authorisation to Drive) Act 2008 s. 35(l)
(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 103:

(a) delete "Road Traffic Act 1974 s. 76(7)(b)" (each occurrence)

and insert:

Road Traffic (Authorisation to Drive) Act 2008 S. 3 5(2)

(b) delete "by Director General" and insert:

by CEO

19 December 2014 GOVERNMENT GAZETTE, WA 4849

(c) delete "the Director General" and insert:

the CEO

(d) delete "for Director General" and insert:

for CEO

(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 amended Form 103 is to read:

Application by CEO to vary, cancel extraordinary licence

(0. 81C r. 2(3))

(4) In Schedule 2 Form 104:

(a) delete "Road Traffic Act 1974 s. 78— (each occurrence) and insert:

Road Traffic (Authorisation to Drive) Act 2008 s. 24(1)

(b) delete "Road Traffic Act 1974 S. 78," and insert:

Road Traffic (Authorisation to Drive) Act 2008 s. 24(1),

(c) delete "Road Traffic Act 1974 S. 78(5)." and insert:

Road Traffic (Authorisation to Drive) Act 2008 s. 24(5).

Dated: 12 December 2014.

Judges' signatures: 

Chief Justice MARTIN

Justice McKECHNIE	Justice MURPHY
Justice McLURE	Justice HALL
Justice HEENAN	Justice MAZZA
Justice JENKINS	Justice PRITCHARD
Justice SIMMONDS	Justice ALLANSON
Justice BEECH	Justice EDELMAN
Justice NEWNES	Justice CURTHOYS
Justice CHANEY	Justice MITCHELL
Justice MARTIN