Supreme Court (Chapter VI Amendment No. 10) Rules 2006

Supreme Court (Chapter VI Amendment No. 10) Rules 2006

S.R. No. 161/2006

table of provisions

RulePage

Part 1—Preliminary

1.Object

2.Authorising provisions

3.Commencement

4.Principal Rules

Part 2—Assumed Identities

5.New Order 14 inserted

Order 14—Assumed IDENTITY Rules

14.01Definition

14.02Application of Order

14.03Applications made under this Order

14.04Forms of application under the Act

14.05Filing of documents

14.06 Forms of order

6.Forms 6–14A to 6–14D inserted

Form 6–14A—Application

Form 6–14B—Application

Form 6–14C—Order

Form 6–14D—Order

Part 3—Amendment of Order 6

7.New Rule 6.15

6.15Examination under section 98(2) of the Act

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ENDNOTES

Part 3—Amendment of Order 6

Supreme Court (Chapter VI Amendment No. 10) Rules 2006

S.R. No. 161/2006

statutory rules 2006

S.R. No. 161/2006

Part 3—Amendment of Order 6

Supreme Court (Chapter VI Amendment No. 10) Rules 2006

S.R. No. 161/2006

Supreme Court Act 1986

Interpretation of Legislation Act 1984

Part 3—Amendment of Order 6

Supreme Court (Chapter VI Amendment No. 10) Rules 2006

S.R. No. 161/2006

Supreme Court (Chapter VI Amendment No. 10) Rules 2006

Part 3—Amendment of Order 6

Supreme Court (Chapter VI Amendment No. 10) Rules 2006

S.R. No. 161/2006

The Judges of the Supreme Court make the following Rules:

Part 1—Preliminary

1.Object

The object of these Rules is to amend Chapter VI of the Rules of the Supreme Court—

(a)to provide forapplications for, and the making of, orders under the Crimes (Assumed Identities) Act 2004 in relation to entries in the Register under the Births, Deaths and Marriages Registration Act 1996; and

(b)to provide for the conduct of examinations under section 98(2) of the Confiscation Act 1997before a Master.

2.Authorising provisions

These Rules are made under section 25 of the Supreme Court Act 1986, section 50 of the Interpretation of Legislation Act 1984and all other enabling powers.

3.Commencement

These Rules come into operation on 1 November 2006.

4.Principal Rules

r. 4

In these Rules, the Supreme Court (Criminal Procedure) Rules 1998[1] are called the Principal Rules.

______

Part 2—Assumed Identities

r. 5

5.New Order 14 inserted

After Order 13 of the Principal Rules insert—

'Order 14—Assumed IDENTITY Rules

14.01Definition

In this Order—

"the Act" means the Crimes (Assumed Identities) Act 2004.

14.02Application of Order

This Order applies to a proceeding in the Court under Part 2 of the Act.

14.03 Applications made under this Order

An application in a proceeding under Part 2 of the Act shall be made to a Judge.

14.04 Forms of application under the Act

(1)An application to the Court under section10 of the Act—

(a)may be in Form 6–14A; and

(b)shall be accompanied by an affidavit in support stating the acts, facts, matters and circumstances onwhich the application is based.

(2)An application to the Court under section12 of the Act—

(a)may be in Form 6–14B; and

(b)shall be accompanied by an affidavit in support stating the acts, facts, matters and circumstances onwhich the application is based.

14.05Filing of documents

r. 5

Unless the Court otherwise orders, an application and any affidavit in support shall—

(a)be filed before the application is made with the Associate to the Judge from whom the order is sought; and

(b)remain confidential and not be available for inspection by any person.

14.06 Forms of order

(1)An order under section 10 of the Act—

(a)may be in Form 6–14C; and

(b)shall be signed by the Judge making the order.

(2)An order under section 12 of the Act—

(a)may be in Form 6–14D; and

(b)shall be signed by the Judge making the order.'.

6.Forms 6–14A to 6–14D inserted

After Form 6–13D of the Principal Rules insert—

"Rule 14.04(1) / Form 6–14A

IN THE SUPREME COURT OF VICTORIA 20 No.

IN THE MATTER of the Crimes (Assumed Identities) Act 2004

and

IN THE MATTER of an application under section 10 of the Crimes (Assumed Identities) Act 2004

Application

r. 6

I, *[name and rank of applicant], being

*(a)the chief officer of a law enforcement agency;

*(b)a senior officer within the meaning of the Crimes (Assumed Identities) Act 2004 of a law enforcement agency to whom the chief officer referred to in sub-paragraph (a) has delegated his or her functions under section 34(2) of that Act;

*(c)the corresponding chief officer of a corresponding participating agency within themeaning of theCrimes (AssumedIdentities) Act 2004;

APPLY under section 10 of the Crimes (Assumed Identities) Act 2004 for the making of an entry in the Register under the Births, Deaths and Marriages Registration Act 1996 in relation to the acquisition of an assumed identity under an authority or a corresponding authority.

THIS APPLICATION is made in reliance upon the acts, facts, matters and circumstances set out and deposed to in the affidavit of [insert name of deponent] made on [date of affidavit] in support of this application.

Date:

[Applicant's signature]

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

* Delete if not applicable

______

Rule 14.04(2) / Form 6–14B

IN THE SUPREME COURT OF VICTORIA 20 No.

IN THE MATTER of the Crimes (Assumed Identities) Act 2004

and

r. 6

IN THE MATTER of an application under section 12 of the Crimes (Assumed Identities) Act 2004

Application

I, *[name and rank of applicant], being

*(a)the chief officer of a law enforcement agency;

*(c)the corresponding chief officer of a corresponding participating agency within the meaning of the Crimes (Assumed Identities) Act 2004; and

HAVING BEEN the applicant for the order under section 10 of the Crimes (Assumed Identities) Act 2004 in respect of which this cancellation is sought,

APPLY under section 12 of the Crimes (Assumed Identities) Act 2004 for the cancellation of the entry that has been made in the Register under the Births, Deaths and Marriages Registration Act 1996under section 10 of the Crimes (Assumed Identities) Act 2004made [insert date of order under section 10 ofthat Act].

Date:

[Applicant's signature]

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

* Delete if not applicable

______

Rule 14.06(1) / Form 6–14C

IN THE SUPREME COURT OF VICTORIA 20 No.

r. 6

IN THE MATTER of the Crimes (Assumed Identities) Act 2004

and

IN THE MATTER of an application under section 10 of the Crimes (Assumed Identities) Act 2004

Order

JUDGE:

DATE MADE:

ORIGINATING PROCESS:

HOW OBTAINED:

ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor]

OTHER MATTERS:

THE COURT ORDERS THAT:

1.In accordance with section 10 ofthe Crimes (Assumed Identities) Act 2004, the Registrar of Births, Deaths and Marriagesmake an entry in the Register under theBirths, Deaths and Marriages Registration Act 1996in relation to the acquisition of an assumed identity under an authority or corresponding authority within the meaning ofthe Crimes (Assumed Identities) Act 2004.
The particulars to be entered in the Register are as follows: [state required particulars].

2.The Registrar of Births, Deaths and Marriages give effect to this order within the period of [state period within which order is to be given effect].

[signature of Judge]

[name of Judge]

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

______

Rule 14.06(2) / Form 6–14D

IN THE SUPREME COURT OF VICTORIA 20 No.

r. 6

IN THE MATTER of the Crimes (Assumed Identities) Act 2004

and

IN THE MATTER of an application under section 12 of the Crimes (Assumed Identities) Act 2004

Order

JUDGE:

DATE MADE:

ORIGINATING PROCESS:

HOW OBTAINED:

ATTENDANCE: [set out attendance or non-attendance of any person entitled to attend and, if attending, whether by counsel or solicitor]

OTHER MATTERS:

THE COURT ORDERS THAT:

1.The Registrar of Births, Deaths and Marriagescancel the entry that has been made in the Register under theBirths, Deaths and Marriages Registration Act 1996by which the following particulars were entered in that Register by the order under section 10 of the Crimes (Assumed Identities) Act 2004dated [insert date of order and particulars which were to be entered in the Register under that order].

2.The Registrar ofBirths, Deaths and Marriagesgive effect to this order within 28 days after the date this order is made.

[signature of Judge]

[name of Judge]

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

* Delete if inapplicable

______".

______

Part 3—Amendment of Order 6

r. 7

7.New Rule 6.15

After Rule 6.14 of the Principal Rules insert—

"6.15Examination under section 98(2) of the Act

If an order is made under section 98(2) of the Act for the examination of a person before the Court, the examination may be before a Master.".

Dated:26 October 2006

CHRISTOPHER MAXWELL, P.

ALEX CHERNOV, J.A.

F. H. R. VINCENT, J.A.

G. M. EAMES, J.A.

GEOFFREY NETTLE, J.A.

DAVID ASHLEY, J.A.

MARCIA NEAVE, J.A.

BERNARD G. TEAGUE, J.

P. D. CUMMINS, J.

T. H. SMITH, J.

DAVID BYRNE, J.

H. R. HANSEN, J.

PHILIP MANDIE, J.

BERNARD D. BONGIORNO, J.

R. S. OSBORN, J.

JULIE DODDS-STREETON, J.

K. WILLIAMS, J.

STEPHEN KAYE, J.

KIM HARGRAVE, J.

ANTHONY CAVANOUGH, J.

r. 7

ELIZABETH CURTAIN, J.

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Supreme Court (Chapter VI Amendment No. 10) Rules 2006

S.R. No. 161/2006

ENDNOTES

Endnotes

[1] Rule 4: S.R. No. 33/1998. Reprint No. 2 as at 1 July 2004. Reprinted to S.R. No. 33/2004. Subsequently amended by S.R. Nos 7/2005, 22/2005, 95/2005 and 97/2006.