Supreme Court Rules (Amendment No 391) 2004 (NSW)

2004 No 283

New South Wales

Supreme Court Rules (Amendment

No 391) 2004

under the

Supreme Court Act 1970

The Supreme Court Rule Committee made the following rules of court under the

Supreme Court Act 1970 on 17 May 2004.

Steven Jupp

Secretary of the Rule Committee

Explanatory note

The Disorderly Houses Amendment (Commercial Supply of Prohibited Drugs) Act 2002 changed the name of the Disorderly Houses Act 1943 to the Restricted Premises Act 1943, and made other changes to that Act. The object of these Rules is to update the Supreme Court Rules to reflect these changes.

Published in Gazette No 91 of 28 May 2004, page 3281	Page 1
2004 No 283
Rule 1	Supreme Court Rules (Amendment No 391) 2004

Supreme Court Rules (Amendment No 391) 2004

under the

Supreme Court Act 1970

1      Name of Rules

These Rules are the Supreme Court Rules (Amendment No 391)
2004.

2 Amendment of Supreme Court Rules 1970

The Supreme Court Rules 1970 are amended as set out in
Schedule 1.

2004 No 283

Supreme Court Rules (Amendment No 391) 2004

Amendments	Schedule 1
Schedule 1 Amendments

(Rule 2)

[1]      Part 77, Division 28

Omit “Disorderly Houses Act 1943” from the heading to the Division.
Insert instead “Restricted Premises Act 1943”.

[2]      Part 77, rule 89

Omit “Disorderly Houses Act 1943”.
Insert instead “Restricted Premises Act 1943”.

[3]      Part 77, rule 91

Omit the rule. Insert instead:

91 Forms

(1)	A minute of order under section 3 (1) of the subject Act may be in Form 89H.
(2)	A minute of order under section 4 (1) or 14 (3) of the subject Act may be in Form 89I.
(3)	A notice under section 5 (1) of the subject Act may be in Form 89J or 89K, as appropriate.

[4]      Schedule F

Omit “Disorderly Houses Act 1943” wherever occurring from Form 89H.
Insert instead “Restricted Premises Act 1943”.

[5]      Schedule F, Form 89H

Omit “a disorderly house”.

Insert instead “premises to which Part 2 (Disorderly houses) of that Act applies”.

[6]      Schedule F, Form 89I

Omit “Disorderly Houses Act 1943” wherever occurring.
Insert instead “Restricted Premises Act 1943”.

2004 No 283

Supreme Court Rules (Amendment No 391) 2004

Schedule 1 Amendments

[7]      Schedule F, Form 89J

Omit “Disorderly Houses Act 1943”.
Insert instead “Restricted Premises Act 1943”.

[8]      Schedule F, Form 89J

Omit “a disorderly house”.

Insert instead “premises to which Part 2 (Disorderly houses) of that Act applies”.

[9]      Schedule F, Form 89K

Omit “Disorderly Houses Act 1943” wherever occurring.
Insert instead “Restricted Premises Act 1943”.

[10]      Schedule F, Form 89K

Omit “a disorderly house”.

Insert instead “premises to which Part 2 (Disorderly houses) of that Act applies”.

[11]      Schedule F, Index of Forms

Omit the matter relating to Forms 89H–89K. Insert instead:

89H	Order under s 3 (1) of the Restricted Premises Act 1943 (P 77, r 91)
89I	Order under s 4 (1) or 14 (3) of the Restricted Premises Act 1943 (P 77, r 91)
89J	Notice of declaration under s 5 (1) of the Restricted Premises Act 1943 (P 77, r 91)
89K	Notice of rescission under s 5 (1) of the Restricted Premises Act 1943 (P 77, r 91)

BY AUTHORITY