Untitled document

Magistrates' Court Miscellaneous Amendment Rules 2011

S.R. No. 150/2011

TABLE OF PROVISIONS

Rule  Page

PART 1—PRELIMINARY

1Object

2Authorising provisions

3Commencement

PART 2—AMENDMENTS TO THE MAGISTRATES' COURT CRIMINAL PROCEDURE RULES 2009

4Revocation of Rule 15

5Prescribed member of a class of persons who may witness statements

PART 3—AMENDMENT TO THE MAGISTRATES' COURT (JUDICIAL REGISTRARS) RULES 2005

6Proceedings that may be dealt with by a judicial registrar

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ENDNOTES

STATUTORY RULES 2011

S.R. No. 150/2011

Magistrates' Court Act 1989

Magistrates' Court Miscellaneous Amendment Rules 2011

The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:

PART 1—PRELIMINARY

1Object

The object of these Rules is to amend—

(a)the Magistrates' Court Criminal Procedure Rules 2009—

(i)to revoke Rule 15 of those Rules; and

(ii)to prescribe certain officers appointed under the Local Government Act 1989 as persons who may witness statements; and

(b)the Magistrates' Court (Judicial Registrars) Rules 2005 to make a statute law revision amendment to those Rules.

2Authorising provisions

These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers.

3Commencement

These Rules come into operation on 8 December 2011.

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PART 2—AMENDMENTS TO THE MAGISTRATES' COURT CRIMINAL PROCEDURE RULES 2009

4Revocation of Rule 15

Rule 15 of the Magistrates' Court Criminal Procedure Rules 2009[1] is revoked.

5Prescribed member of a class of persons who may witness statements

(1)In Rule 86(d) of the Magistrates' Court Criminal Procedure Rules 2009, for "2004." substitute "2004;".

(2)After Rule 86(d) of the Magistrates' Court Criminal Procedure Rules 2009 insert—

"(e)an authorised officer appointed by a Council under section 224 of the Local Government Act 1989.".

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PART 3—AMENDMENT TO THE MAGISTRATES' COURT (JUDICIAL REGISTRARS) RULES 2005

6Proceedings that may be dealt with by a judicial registrar

(1)In Rule 4(1)(b) of the Magistrates' Court (Judicial Registrars) Rules 2005[2] omit "and section 94(1) of the Criminal Procedure Act 2009".

(2)In Rule 4(1)(cb) of the Magistrates' Court (Judicial Registrars) Rules 2005 after "1989" insert "and section 94(1) of the Criminal Procedure Act 2009".

Dated:    6 December 2011

IAN L. GRAY,

Chief Magistrate

DANIEL J. MULING,

Deputy Chief Magistrate

JELENA POPOVIC,

Deputy Chief Magistrate

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ENDNOTES

[1] Rule 4: S.R. No 181/2009 as amended by S.R. Nos 18/2011, 59/2011 and 123/2011.

[2] Rule 6(1): S.R. No. 166/2005 as amended by S.R. Nos 86/2007, 34/2009, 6/2010 and 123/2011.