Magistrates' Court (Judicial Registrars) Amendment Rules 2012
S.R. No. 119/2012
table of provisions
RulePage
RulePage
1Object
2Authorising provisions
3Commencement
4Principal Rules
5Proceedings that may be dealt with by a judicial registrar
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ENDNOTES
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statutory rules 2012
S.R. No. 119/2012
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Magistrates' Court Act 1989
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Magistrates' Court (Judicial Registrars) Amendment Rules 2012
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S.R. No. 119/2012
Magistrates' Court (Judicial Registrars) Amendment Rules 2012
The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:
1Object
The object of these Rules is to amend the Magistrates' Court (Judicial Registrars) Rules 2005 to make further provision for the proceedings and powers of the Magistrates' Court that may be dealt with and exercised by judicial registrars.
2Authorising provisions
These Rules are made under sections 16 and 16I of the Magistrates' Court Act 1989 and all other enabling powers.
3Commencement
These Rules come into operation on 26 October 2012.
4Principal Rules
In these Rules, the Magistrates' Court (Judicial Registrars) Rules 2005[1] are called the Principal Rules.
5Proceedings that may be dealt with by a judicial registrar
(1)In Rule 4(1)(ab) of the Principal Rules, for "regulation 19(1) of the Corrections Regulations 1998" substitute "regulation 20(1) of the Corrections Regulations 2009".
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(2) In Rule 4(1)(ad) of the Principal Rules, after "14" insert ",17(2)".
(3) In Rule 4(1)(c) of the Principal Rules omit ",provided that the amount of monetary relief sought is less than $5000".
(4) For Rule 4(1)(fa) of the Principal Rules substitute—
"(fa) an application for the grant of an indemnity certificate under section 17 of the Appeal Costs Act 1998, if the proceeding relates to the adjournment of a criminal proceeding by the Court constituted by that judicial registrar; and
(fb) an application for summary judgment under section 63 of the Civil Procedure Act 2010; and".
(5) After Rule 4(3) of the Principal Rules insert—
"(4)A judicial registrar may exercise all or any powers of the Court under the following provisions, if the exercise of the power is incidental to the exercise by a judicial registrar of the Court's powers referred to in paragraph (3)—
(a)Division 1 of Part 3 and Part 10 of the Confiscation Act 1997;
(b) section 151 of the Firearms Act 1996.
(5)A judicial registrar may exercise all or any powers of the Court under section 83AT of the Sentencing Act 1991 in relation to a contravention of section 83AC of that Act, if the contravention under section 83AC relates to an order made by a judicial registrar under section 72 or 75 of the Sentencing Act 1991.
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(6) A judicial registrar may exercise all or any powers of the Court on an application referred to in Rule6(2).".
Dated:23 October 2012
IAN L. GRAY,
Chief Magistrate
LANCE I. MARTIN,
Deputy Chief Magistrate
PETER LAURITSEN,
Deputy Chief Magistrate
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S.R. No. 119/2012
Magistrates' Court (Judicial Registrars) Amendment Rules 2012
ENDNOTES
Endnotes
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[1] Rule 4: S.R. No. 166/2005 as amended by S.R. Nos 86/2007, 34/2009, 6/2010, 123/2011 and 150/2011.