Untitled document

Magistrates' Court General (Infringements) Regulations 2004

S.R. No. 94/2004

TABLE OF PROVISIONS

Regulation  Page

1.Objectives

2.Authorising provision

3.Commencement

4.Principal Regulations

5.Additional provisions under which infringement notices may be served

6.Amendment to courtesy letter

7.Amendment to form of certificate for registration of infringement penalties

8.Enforcement agency

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ENDNOTES

STATUTORY RULES 2004

S.R. No. 94/2004

Magistrates' Court Act 1989

Magistrates' Court General (Infringements) Regulations 2004

The Lieutenant-Governor as the Governor's Deputy with the advice of the Executive Council makes the following Regulations:
Dated: 27 July 2004

Responsible Minister:

ROB HULLS
Attorney-General

DIANE CASEY

Clerk of the Executive Council

1.Objectives

The objectives of these Regulations are—

(a)to prescribe further provisions under which infringement notices may be issued in order that the enforcement procedure under Schedule 7 to the Magistrates' Court Act 1989 may be used; and

(b)to amend the content of a courtesy letter in relation to certain traffic infringements; and

(c)to amend the form of certificate for registration of infringement penalties.

2.Authorising provision

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

3.Commencement

These Regulations come into operation on 1 August 2004.

4.Principal Regulations

In these Regulations, the Magistrates' Court General Regulations 2000[1] are called the Principal Regulations.

5.Additional provisions under which infringement notices may be served

In regulation 1203 of the Principal Regulations—

(a)after paragraph (g) insert—

"(ga)sections 71(1), 71(3), 71B, 72(1), 72(2), 79B and 79C(1) of the Gas Safety Act 1997;"; and

(b)after paragraph (k) insert—

"(ka)section 18 of the Major Events (Crowd Management) Act 2003;".

6.Amendment to courtesy letter

In regulation 1206(2) of the Principal Regulations, for "the prescribed form" substitute "writing or in a statutory declaration".

7.Amendment to form of certificate for registration of infringement penalties

In Schedule 6 to the Principal Regulations, in Form 2—

(a)in paragraph (i)(ii), after "section 86(3)(a)" insert "or (ab)";

(b)in paragraph (j)(ii), after "section 66(3)(a)" insert "or (ab)";

(c)in paragraph (k)(ii), for "statement or declaration supplied in accordance with section 87(3)(a)" substitute "sworn statement or statutory declaration supplied in accordance with section 87(3)(a) or (ab)".

8.Enforcement agency

In Schedule 9 to the Principal Regulations, after item 17 insert—

"17A.Office of Gas Safety.".

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ENDNOTES

[1] Reg. 4: S.R. No. 69/2000.  Reprinted incorporating amendments as at 1 November 2002.  Subsequently amended by S.R. Nos 8/2003, 9/2003 and 132/2003.