Court of Petty Sessions (Civil Procedure Rules) Regulations 2013
Regulations No. 5 of 2013
I, Neil Albert Pope, Administrator of Norfolk Island, acting in accordance with the advice of the Executive Council of Norfolk Island, make the following regulations under section 248 of the Court of Petty Sessions Act 1960.
Dated 27 August 2013.
N.A. Pope
Administrator
By His Honour’s Command
R.E. Adams
Minister for Cultural Heritage and Community Services
Acting at the request and for and on behalf of Chief Minister and Minister for Tourism
1. Title
These Regulations are the Court of Petty Sessions (Civil Procedure Rules) Regulations 2013.
2. Authorising provision
These Regulations are made under section 248 of the Court of Petty Sessions Act 1960.
3. Objective
The objective of these Regulations is to re-make and repeal some existing rules and to prescribe new rules for civil procedure in the Court of Petty Sessions.
4. Effective date
Upon their commencement these Regulations are effective from 1 September 2013.
5. Repeal
The Court of Petty Sessions Regulations 1999 and the Court of Petty Sessions (Civil Procedure Rules) Regulations 2007 are repealed.
6. Licence suspension notice - prescribed form
For the purposes of paragraph 184(2)(a) of the Court of Petty Sessions Act 1960, the prescribed form is the form specified in Schedule 1.
7. Seizure of property for sale - prescribed amount
For the purposes of paragraph 220F(1)(e) of the Court of Petty Sessions Act 1960, the prescribed amount is $1000.
8. Civil Procedure Rules
The Rules of Civil Procedure for the Court of Petty Sessions are, so far as they may be applicable and mutatis mutandis, the court procedure rules in force from time to time for the Magistrates Courts of the Australian Capital Territory
SCHEDULE 1
LICENCE SUSPENSION NOTICE - PRESCRIBED FORM
COURT OF PETTY SESSIONS ACT 1960
(Paragraph 184(2)(a))
TO:
On you were fined $ . $ of that amount is still outstanding.
As provided in section 184 of the Court of Petty Sessions Act 1960, I suspend —
- the operation in Norfolk Island of any recognised licence held by you, or that may be obtained by you; and
- the operation of any licence (other than a recognised licence) held by you, or that may be obtained by you.
This suspension operates immediately on your being served with this notice and operates until the date and time specified in a notice issued to you under subsection 184(4).
During this period, you must not —
- obtain a learners licence or drivers licence;
- drive or attempt to drive a motor vehicle on a road.
This suspension notice may be cancelled for any good reason and must be cancelled if the fine is paid in full or if an instalment order, garnishee order or writ of execution is made in respect of the fine after this notice is issued.
You may pay the fine or obtain more information about this notice from the Clerk of Courts, Administration Offices, Norfolk Island between 8 am and 4.30 pm Monday to Friday.
Clerk of Courts
Notified Gazette No. 38, 30 August 2013.
Printed on the authority of the Administrator.
© Norfolk Island Government 2013
The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legislative Counsel, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.
Overview
The Court of Petty Sessions (Civil Procedure Rules) Regulations 2013 were enacted to modernise the civil procedural rules governing the Court of Petty Sessions on Norfolk Island. These Regulations were made by the Administrator of Norfolk Island under section 248 of the Court of Petty Sessions Act 1960, aiming to re-make and repeal some existing rules and prescribe new rules for civil procedure in the Court of Petty Sessions. The objective of these Regulations is to ensure that the procedural rules align with contemporary legal practices, thereby enhancing the efficiency and fairness of civil proceedings within the Court of Petty Sessions. Effective from 1 September 2013, these Regulations repealed the Court of Petty Sessions Regulations 1999 and the Court of Petty Sessions (Civil Procedure Rules) Regulations 2007, introducing updated rules that reflect the procedural requirements of the Magistrates Courts of the Australian Capital Territory.
Scope and Application
The Court of Petty Sessions (Civil Procedure Rules) Regulations 2013, made under section 248 of the Court of Petty Sessions Act 1960, govern the civil procedure in the Court of Petty Sessions on Norfolk Island. These regulations, effective from 1 September 2013, serve to re-make and repeal some existing rules and prescribe new rules for civil procedure in the Court of Petty Sessions. They apply to all persons and entities involved in civil proceedings within the jurisdiction of the Court of Petty Sessions on Norfolk Island. The scope of these regulations includes the civil procedure rules as they may be applicable and mutatis mutandis, which are in force from time to time for the Magistrates Courts of the Australian Capital Territory. The regulations also specify a prescribed form for licence suspension notices under the Court of Petty Sessions Act 1960 and a prescribed amount of $1000 for the seizure of property for sale. The application of these regulations is confined to Norfolk Island, making them a local legislative instrument with no broader jurisdictional reach beyond this territory.
Key Provisions
The Court of Petty Sessions (Civil Procedure Rules) Regulations 2013 (hereinafter referred to as the "Regulations") establish the civil procedure rules applicable to the Court of Petty Sessions on Norfolk Island, effective from 1 September 2013. These Regulations are made under section 248 of the Court of Petty Sessions Act 1960, and they aim to re-make and repeal some existing rules and prescribe new rules for civil procedure in the Court of Petty Sessions. The Regulations specifically repeal the Court of Petty Sessions Regulations 1999 and the Court of Petty Sessions (Civil Procedure Rules) Regulations 2007. The primary focus of these Regulations is to outline the procedure to be followed in civil cases within the Court of Petty Sessions.
These Regulations impose specific obligations and requirements on the parties and entities they govern. For instance, the Regulations provide a prescribed form for a licence suspension notice, as outlined in Schedule 1. This form must be used when suspending the operation of any recognised or non-recognised licence held by an individual or that may be obtained by them. The prescribed form specifies the reasons for the suspension, the amount of fine outstanding, and the duration of the suspension. Furthermore, the Regulations state that the prescribed amount for the seizure of property for sale is $1000, as per section 8.
Any breach of the Regulations may result in various offences, penalties, or civil/criminal consequences. The Court of Petty Sessions Act 1960 outlines the potential penalties for non-compliance with the Regulations. For example, if a person fails to pay a fine or refuses to comply with the licence suspension notice, they may face further legal consequences, such as additional fines, imprisonment, or other penalties as determined by the court. It is essential for the parties and entities governed by these Regulations to adhere to the stipulated requirements to avoid any legal repercussions.