Untitled document
Supreme Court (Miscellaneous Amendments) Rules 2015
S.R. No. 143/2015
TABLE OF PROVISIONS
Rule Page
Part 1—Preliminary
1Object
2Authorising provisions
3Commencement
Part 2—Amendment of Chapter I
4Authority
Part 3—Amendment of Chapter VI
5Definitions—Order 1
6Definitions—Order 5
7Proper officer
8Application
9Application operates as stay
10Enforcement of fines against a natural person
11Enforcement of fines against body corporate
12Forms 6–5A and 6–5B substituted
13Forms 6–5C and 6–5D revoked
14Form 6–5F amended
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Endnotes
STATUTORY RULES 2015
S.R. No. 143/2015
Supreme Court Act 1986
Sentencing Act 1991
Supreme Court (Miscellaneous Amendments) Rules 2015
The Judges of the Supreme Court make the following Rules:
Part 1—Preliminary
1Object
The object of these Rules is to make miscellaneous amendments to Chapters I and VI of the Rules of the Supreme Court.
2Authorising provisions
These Rules are made under section 25 of the Supreme Court Act 1986, section 69ZF of the Sentencing Act 1991 and all other enabling powers.
3Commencement
These Rules come into operation on 1 December 2015.
Part 2—Amendment of Chapter I
4Authority
After Rule 77.01(2)(a)(xi) of the Supreme Court (General Civil Procedure) Rules 2015[1] insert—
"(xii)section 3.4.33 of the Legal Profession Act 2004 as in force immediately before itsrepeal, as continued in operation by clause 18 of Schedule 4 to the Legal Profession Uniform Law Application Act 2014;".
Part 3—Amendment of Chapter VI
5Definitions—Order 1
In Rule 1.05 of the Supreme Court (Criminal Procedure) Rules 2008[2], the definition of barrister is revoked.
6Definitions—Order 5
In Rule 5.01 of the Supreme Court (Criminal Procedure) Rules 2008, in the definition of person in default, for "section 50(6)" substitute "section 55(1)".
7Proper officer
In Rule 5.02 of the Supreme Court (Criminal Procedure) Rules 2008, for "Division 4 of Part 3" substitute "Part 3B".
8Application
In Rule 5.03(1) of the Supreme Court (Criminal Procedure) Rules 2008, for "section 55" substitute "section 57, 60, 61(2) or 65".
9Application operates as stay
In Rule 5.04 of the Supreme Court (Criminal Procedure) Rules 2008, for "section 55" substitute "section 57, 60, 61(2) or 65".
10Enforcement of fines against a natural person
(1)In Rule 5.07 of the Supreme Court (Criminal Procedure) Rules 2008—
(a)in paragraph (1), for "section 62(8)" substitute "section 69C(3)";
(b)in paragraph (4), for "section 64(1)" substitute "section 69M(1)";
(c)in paragraph (5)(a), for "section 64" substitute "section 69M".
(2)In Rule 5.07 of the Supreme Court (Criminal Procedure) Rules 2008, paragraphs (2) and (3) are revoked.
11Enforcement of fines against body corporate
In Rule 5.08 of the Supreme Court (Criminal Procedure) Rules 2008, for "section 66(3)" substitute "section 69Y(3)".
12Forms 6–5A and 6–5B substituted
For Forms 6–5A and 6–5B of the Supreme Court (Criminal Procedure) Rules 2008 substitute—
| "Rule 5.03(1) | FORM 6–5A |
IN THE SUPREME COURT OF VICTORIA
AT
A.B.
and
C.D.
APPLICATION FOR *INSTALMENT ORDER
*TIME TO PAY ORDER
*VARIATION OF INSTALMENT ORDER OR TIME TO PAY ORDER
*FINE CONVERSION ORDER
1.I, [full name], of [address] [occupation] apply to the proper officer of the Court at for—
*an order that the fine be paid by instalments.
*an order that time be allowed for payment of the fine.
*an order for the variation of the terms of an instalment order or a time to pay order.
*an order to perform unpaid community work (a fine conversion order).
2.On I was ordered to pay a fine.
3.The Court ordered that I pay $ in fines and costs.
4.I *was/*was not present when the order was made.
5.The Court ordered that the fines and costs be paid—
*by / /20 .
*by instalments of $ to be paid on the day of each
*week/*fortnight/*month.
*did not make any order about payment.
6.I have made the following payments under the order—
[here set out details of payments made].
7.*I now want to pay the money I owe—
*by [date]
*by instalments of $ on the day of each *week/*fortnight/ *month starting on [date].
[or where application is for a fine conversion order]
*I now apply for a fine conversion order requiring me to perform unpaid community work as directed by the Secretary (as defined in the Sentencing Act 1991) instead of paying the fine. I agree to comply with such an order.
8.At present I receive $ each week after tax has been deducted.
9.My weekly expenses are $ .
10.This leaves me with $ .
Dated: [Signature of Applicant]
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
*Delete if not applicable
| Rule 5.07(1) | FORM 6–5B |
NOTICE ABOUT THE PROCEDURE FOR ENFORCEMENT OF FINES
A warrant to arrest has been issued to the Sheriff for non-payment of the fine(s) imposed against you in the Supreme Court. A summary of the fine(s) and the total amount still outstanding is attached.
You may obtain further details of the penalties from the Court. To do so, you must supply the Court reference which is also on the attached summary.
YOU HAVE 7 DAYS FROM THE DATE ON WHICH THIS DEMAND IS MADE IN WHICH TO PAY THE AMOUNT OUTSTANDING, OR TO OBTAIN:
·AN INSTALMENT ORDER; OR
·A TIME TO PAY ORDER; OR
·A FINE DEFAULT UNPAID COMMUNITY WORK ORDER UNDER SECTION 69D OF THE SENTENCING ACT 1991
[see below].
Payment must be made to The Prothonotary, [insert address].
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
IF YOU CANNOT PAY
You may apply to the proper officer of the Court for an order that the fine be paid by instalments, or an order that you be allowed time to pay the fine.
If you do not pay the fine and do not make an application to the proper officer, you may apply under section 69D of the Sentencing Act 1991 to the Court for an order requiring you to perform unpaid community work instead of paying the fine (a fine default unpaid community work order). Under such an order, you would be required to perform one hour of unpaid work for each 0.2 penalty units or part of 0.2 penalty units of each fine outstanding. A minimum of 8 hours work as directed by the Secretary (as defined in the Sentencing Act 1991) would have to be performed, irrespective of the amount outstanding, up to a maximum of 500 hours.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
IF YOU DO NOT PAY OR TAKE ANY ACTION
If you do not take any action, you will be arrested and brought before the Court. If the Court is satisfied that you have defaulted in payment for more than 28 days, it may—
* if you consent, make a fine default unpaid community work order requiring you to perform unpaid community work as directed by the Secretary for one hour for each 0.2 penalty units or part of 0.2 penalty units then remaining unpaid with a minimum of 8 and a maximum of 500 hours; or
* order that you be imprisoned for one day for each penalty unit or part of a penalty unit then remaining unpaid with a maximum of 24 months; or
* order that the amount of the fine then unpaid be levied under a warrant to seize property; or
* vary any existing order for payment of the fine by instalments; or
* adjourn the hearing or further hearing of the matter for up to 6 months on any terms that the Court thinks fit; and
* in addition, make any other order it thinks fit against you in relation to costs.".
13Forms 6–5C and 6–5D revoked
Forms 6–5C and 6–5D of the Supreme Court (Criminal Procedure) Rules 2008 are revoked.
14Form 6–5F amended
In Form 6–5F of the Supreme Court (Criminal Procedure) Rules 2008—
(a)for "the company" (wherever occurring) substitute "the body corporate";
(b)for "COMPANY" (wherever occurring) substitute "BODY CORPORATE".
Dated: 26 November 2015
M. L. WARREN, C.J.
CHRISTOPHER MAXWELL, P.
PAMELA TATE, J.A.
R. S. OSBORN, J.A.
SIMON P. WHELAN, J.A.
J. G. SANTAMARIA, J.A.
DAVID F. R. BEACH, J.A.
EMILIOS KYROU, J.A.
ANNE FERGUSON, J.A.
STEPHEN KAYE, J.A.
S. G. E. McLEISH, J.A.
ELIZABETH HOLLINGWORTH, J.
ANTHONY CAVANOUGH, J.
ROSS ROBSON, J.
JACK FORREST, J.
JAMES JUDD, J.
KARIN EMERTON, J.
CLYDE CROFT, J.
M. L. SIFRIS, J.
JOHN DIXON, J.
C. MACAULAY, J.
GREG GARDE, J.
G. J. DIGBY, J.
JAMES D. ELLIOTT, J.
T. J. GINNANE, J.
MELANIE SLOSS, J.
JOANNE CAMERON, J.
MICHAEL McDONALD, J.
RITA ZAMMIT, J.
P. J. RIORDAN, J.
JANE A. DIXON, J.
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Endnotes
[1] Rule 4: S.R. No. 103/2015.
[2] Rule 5: S.R. No. 12/2008. Reprint No. 2 as at 26 March 2015. Reprinted to S.R. No. 207/2014 and subsequently amended by S.R. Nos 39/2015 and 40/2015.
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