Untitled document

Magistrates' Court (Committals) Further Amendment Rules 2008

S.R. No. 138/2008

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Principal Rules

5Substitution of Rule 12.04

12.04Witnessing of statements

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ENDNOTES

STATUTORY RULES 2008

S.R. No. 138/2008

Magistrates' Court Act 1989

Magistrates' Court (Committals) Further Amendment Rules 2008

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

1Object

The object of these Rules is to prescribe the classes of persons who may witness statements to be tendered by informants at committal proceedings.

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 1 December 2008.

4Principal Rules

In these Rules the Magistrates' Court (Committals) Rules 1999 are called the Principal Rules[1].

5Substitution of Rule 12.04

For Rule 12.04 of the Principal Rules substitute—

"12.04   Witnessing of statements

For the purposes of clause 8(1)(b) of Schedule 5 to the Act, the following persons or classes of persons are prescribed—

(a)a member of the police force of Victoria or of any other State or of the Northern Territory of Australia;

(b)a member of the Australian Federal Police; or

(c)an officer at Customs level 2 or higher in the Australian Customs Service; or

(d)an officer at Australian Public Service level 5 or higher who is—

(i)in the Australian Securities and Investments Commission established under Part 2 of the Australian Securities and Investments Commission Act 2001 of the Commonwealth; or

(ii)an Investigator in the Investigations Branch of the Department of Education Employment and Workplace Relations of the Commonwealth; or

(iii)a member of the Investigations Branch of the Inspector General Group in the Department of Defence of the Commonwealth; or

(iv)an Investigations Officer in the Department of Agriculture, Fisheries and Forestry of the Commonwealth; or

(v)an authorised person in relation to a provision of Part 6-2 of the Therapeutic Goods Act 1989 of the Commonwealth and employed in the Surveillance Unit, Therapeutic Goods Administration of the Department of Health and Ageing of the Commonwealth; or

(vi)an Investigator or Senior Investigator in the Passport Fraud Section of the Department of Foreign Affairs and Trade of the Commonwealth; or

(vii)an Investigator in the Australian Taxation Office established under Part II of the Taxation Administration Act 1953 of the Commonwealth; or

(viii)a member of the Investigations Branch of the Department of Education, Employment and Workplace Relations of the Commonwealth; or

(ix)an Investigator or Investigation Manager in the Insolvency and Trustee Service Australia established under Part II of the Bankruptcy Act 1966 of the Commonwealth; or

(x)an investigator in the Department of Immigration and Citizenship of the Commonwealth; or

(e)an officer at Australian Public Service level 5 or higher or an equivalent level who is a Fraud Investigator or Fraud Investigator Manager in the Commonwealth Services Delivery Agency (Centrelink) established under Part 2 of the Commonwealth Services Delivery Agency Act 1997 of the Commonwealth; or

(f)a person employed at Victorian Public Service Grade 4 or higher classification under Part 3 of the Public Administration Act 2004 in the Office of Police Integrity within the meaning of the Police Regulation Act 1958; or

(g)a person who is an authorised officer for the purposes of Part 9 of the Law Enforcement Integrity Commissioner Act 2006 of the Commonwealth; or

(h)a person who is an inspector appointed under section 267(1)(a) or (b) of the Radiocommunications Act 1992 of the Commonwealth; or

(i)a person appointed under regulation 42 of the Radiocommunucations Regulations 1993 of the Commonwealth as an authorised person for those regulations; or

(j)a person who is an inspector for the purposes of the provisions of the Telecommunications Act 1997 of the Commonwealth by force of section 533(1)(a) or (b) of that Act; or

(k)a member of the staff of the National Offshore Petroleum Safety Authority who is appointed as an OHS inspector under Part 4.8 of the Offshore Petroleum Act 2006 of the Commonwealth; or

(l)a member of the staff of the Australian Crime Commission who is an Investigator; or

(m)an Investigation Officer or a Senior Investigation Officer or the Manager, Investigations in the Health Insurance Commission in Medicare Australia established under the Financial Management and Accountability Act 1997 of the Commonwealth and the Public Service Act 1999 of the Commonwealth; or

(n)an authorised officer within the meaning of the Environment Protection Act 1970, the Fisheries Act 1995 or the Radiation Act 2005; or

(o)an inspector within the meaning of the Dangerous Goods Act 1985, the Equipment (Public Safety) Act 1994 or the Occupational Health and Safety Act 2004;

(p)a transport safety officer within the meaning of the Transport Act 1983; or

(q)an employee of the Australian Postal Corporation, established under the Australian Postal Corporation Act 1989 of the Commonwealth, who is appointed by the Corporation to act as a Corporate Investigator.".

Dated:    20 November 2008

IAN L. GRAY,

Chief Magistrate

JELENA POPOVIC,

Deputy Chief Magistrate

DANIEL J. MULING,

Deputy Chief Magistrate

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ENDNOTES

[1] Rule 4: S.R. No. 97/1999.  Amended by S.R. Nos 150/1999, 58/2001, 56/2007 and 83/2008.