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.