Untitled document

Magistrates' Court (Reference Amendment) Rules 2011

S.R. No. 123/2011

TABLE OF PROVISIONS

Rule  Page

PART 1—PRELIMINARY

1Object

2Authorising provisions

PART 2—MAGISTRATES' COURT CRIMINAL PROCEDURE RULES 2009

3When a person may appear by audio visual link or audio link

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

4Proceedings that may be dealt with by a judicial registrar

PART 4—MAGISTRATES' COURT (OCCUPATIONAL HEALTH AND SAFETY) RULES 2005

5New Rule 4 substituted

4Magistrates' Court General Civil Procedure Rules 2010

PART 5—MAGISTRATES' COURT (OUTWORKERS) RULES 2006

6New Rule 4 substituted

4Magistrates' Court General Civil Procedure Rules 2010 do not apply

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ENDNOTES

STATUTORY RULES 2011

S.R. No. 123/2011

Magistrates' Court Act 1989

Magistrates' Court (Reference 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 references in the following Rules as a consequence of the commencement of the Magistrates' Court General Civil Procedure Rules 2010—

(i)the Magistrates' Court Criminal Procedure Rules 2009;

(ii)the Magistrates' Court (Judicial Registrars) Rules 2005;

(iii)the Magistrates' Court (Occupational Health and Safety) Rules 2005;

(iv)the Magistrates' Court (Outworkers) Rules 2006.

2Authorising provisions

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

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PART 2—MAGISTRATES' COURT CRIMINAL PROCEDURE RULES 2009

3When a person may appear by audio visual link or audio link

In Rule 89 of the Magistrates' Court Criminal Procedure Rules 2009[1], for "Order 16A of the Magistrates' Court Civil Procedure Rules 2009" substitute "Order 41A of the Magistrates' Court General Civil Procedure Rules 2010".

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

4Proceedings that may be dealt with by a judicial registrar

For Rule 4(1)(f) of the Magistrates' Court (Judicial Registrars) Rules 2005[2] substitute—

"(f)a proceeding involving the exercise of any power of the Court under the Magistrates' Court General Civil Procedure Rules 2010 other than a power of the Court under—

(i)Rules 12.02 and 12.07, if the value of the property or proceeds is $5000 or more; and

(ii)Rule 15.08(1); and

(iii)Rule 37.01, other than the power in relation to the inspection of property; and

(iv)Rule 37.02; and

(v)Order 37A; and

(vi)Order 37B; and

(vii)Order 38; and".

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PART 4—MAGISTRATES' COURT (OCCUPATIONAL HEALTH AND SAFETY) RULES 2005

5New Rule 4 substituted

For Rule 4 of the Magistrates' Court (Occupational Health and Safety) Rules 2005[3] substitute—

4Magistrates' Court General Civil Procedure Rules 2010"

The Magistrates' Court General Civil Procedure Rules 2010 do not apply to an application referred to in Rules 5 and 6.".

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PART 5—MAGISTRATES' COURT (OUTWORKERS) RULES 2006

6New Rule 4 substituted

For Rule 4 of the Magistrates' Court (Outworkers) Rules 2006[4] substitute—

4Magistrates' Court General Civil Procedure Rules 2010 do not apply"

The Magistrates' Court General Civil Procedure Rules 2010 do not apply to any application referred to in these Rules.".

Dated:    3 November 2011

IAN L. GRAY,

Chief Magistrate

FELICITY ANNE BROUGHTON,

Deputy Chief Magistrate

JELENA POPOVIC,

Deputy Chief Magistrate

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ENDNOTES

[1] Rule 3: S.R. No. 181/2009 as amended by S.R. Nos 18/2011 and 59/2011.

[2] Rule 4: S.R. No. 166/2005 as amended by S.R. Nos 86/2007, 34/2009 and 6/2010.

[3] Rule 5: S.R. No. 59/2005.

[4] Rule 6: S.R. No. 69/2006.