Untitled document

Magistrates' Court General Amendment Regulations 2016

S.R. No. 73/2016

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Prescribed particulars for warrants

5New regulation 7A inserted

═══════════════

Endnotes

STATUTORY RULES 2016

S.R. No. 73/2016

Magistrates' Court Act 1989

Magistrates' Court General Amendment Regulations 2016

The Governor in Council makes the following Regulations:

Dated: 28 June 2016

Responsible Minister:

MARTIN PAKULA
Attorney-General

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Magistrates' Court General Regulations 2014—

(a)to prescribe particulars for the issue of warrants to arrest in electronic form for the purposes of section 57(1A) of the Magistrates' Court Act 1989, inserted by the Justice Legislation Further Amendment Act 2016; and

(b)to prescribe additional particulars for the purpose of section 57(2) of the Magistrates' Court Act 1989.

2Authorising provision

These Regulations are made under section 140 of the Magistrates' Court Act 1989.

3Commencement

These Regulations come into operation on 1 July 2016.

4Prescribed particulars for warrants

In regulation 7 of the Magistrates' Court General Regulations 2014[1]—

(a)in paragraph (c)(ii), for "execution." substitute "execution;";

(b)after paragraph (c)(ii) insert—

"(d)in the case of a warrant to arrest or a warrant to imprison (other than a warrant referred to in paragraph (c)), the person to whom the warrant is directed for execution.".

5New regulation 7A inserted

After regulation 7 of the Magistrates' Court General Regulations 2014 insert—

"7A   Prescribed particulars for warrants to arrest—electronic warrants

For the purposes of section 57(1A) of the Act, the following particulars are prescribed in the case of a warrant to arrest—

(a)name, address (if known) and, to the extent specified by the person issuing the warrant, any other details of the person to be arrested;

(b)the reasons for issuing the warrant, including any relevant charges;

(c)whether the warrant is directed to a named police officer or generally to all police officers;

(d)what powers are granted to the person empowered to execute the warrant;

(e)legislative provision under which the warrant is issued;

(f)if endorsed for bail, the conditions that would be imposed on the granting of bail;

(g)date and location of issue of warrant;

(h)name and office of the person issuing the warrant.".

═══════════════

Endnotes

[1] Reg. 4: S.R. No. 112/2014 as amended by S.R. No. 158/2014.