Magistrates' Court General Amendment Regulations 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Magistrates' Court General Amendment Regulations 2016 S.R. No. 73/2016 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 2 4 Prescribed particulars for warrants 2 5 New regulation 7A inserted 2 ═══════════════ Endnotes 4 -- 1 of 5 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2016 S.R. No. 73/2016 Magistrates' Court Act 1989 Magistrates' Court General Amendment Regulations 2016 The Governor in Council makes the following Regulations: Dated: 28 June 2016 Responsible Minister: MARTIN PAKULA Attorney-General ANDREW ROBINSON Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Magistrates' Court General Regulations 2014— (a) to prescribe particulars for the issue of warrants to arrest in electronic form for the purposes of section 57(1A) of the Magistrates' Court Act 1989, inserted by the Justice Legislation Further Amendment Act 2016; and (b) to prescribe additional particulars for the purpose of section 57(2) of the Magistrates' Court Act 1989. 2 Authorising provision These Regulations are made under section 140 of the Magistrates' Court Act 1989. -- 2 of 5 -- Magistrates' Court General Amendment Regulations 2016 S.R. No. 73/2016 Authorised by the Chief Parliamentary Counsel 2 3 Commencement These Regulations come into operation on 1 July 2016. 4 Prescribed particulars for warrants In regulation 7 of the Magistrates' Court General Regulations 2014 1 — (a) in paragraph (c)(ii), for "execution." substitute "execution;"; (b) after paragraph (c)(ii) insert— "(d) in the case of a warrant to arrest or a warrant to imprison (other than a warrant referred to in paragraph (c)), the person to whom the warrant is directed for execution.". 5 New regulation 7A inserted After regulation 7 of the Magistrates' Court General Regulations 2014 insert— "7A Prescribed particulars for warrants to arrest—electronic warrants For the purposes of section 57(1A) of the Act, the following particulars are prescribed in the case of a warrant to arrest— (a) name, address (if known) and, to the extent specified by the person issuing the warrant, any other details of the person to be arrested; (b) the reasons for issuing the warrant, including any relevant charges; (c) whether the warrant is directed to a named police officer or generally to all police officers; -- 3 of 5 -- Magistrates' Court General Amendment Regulations 2016 S.R. No. 73/2016 Authorised by the Chief Parliamentary Counsel 3 (d) what powers are granted to the person empowered to execute the warrant; (e) legislative provision under which the warrant is issued; (f) if endorsed for bail, the conditions that would be imposed on the granting of bail; (g) date and location of issue of warrant; (h) name and office of the person issuing the warrant.". ═══════════════ -- 4 of 5 -- Endnotes Magistrates' Court General Amendment Regulations 2016 S.R. No. 73/2016 Authorised by the Chief Parliamentary Counsel 4 Endnotes 1 Reg. 4: S.R. No. 112/2014 as amended by S.R. No. 158/2014. -- 5 of 5 --