Magistrates' Court General Civil Procedure and Judicial Registrars (Miscellaneous Amendments) Rules 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Magistrates' Court General Civil Procedure and Judicial Registrars (Miscellaneous Amendments) Rules 2016 S.R. No. 135/2016 TABLE OF PROVISIONS Rule Page Part 1—Preliminary 1 1 Object 1 2 Authorising provisions 2 3 Commencement 2 Part 2—Magistrates' Court General Civil Procedure Rules 2010 3 4 Pre-hearing conferences—definition 3 5 Particulars of warrants to be entered in the register 3 Part 3—Magistrates' Court (Judicial Registrars) Rules 2015 4 6 Criminal proceedings and related proceedings that may be dealt with by judicial registrars 4 7 Powers of judicial registrars to issue warrants to arrest 4 8 Civil proceedings that may be dealt with by judicial registrars 4 ═══════════════ Endnotes 5 -- 1 of 6 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2016 S.R. No. 135/2016 Magistrates' Court Act 1989 Magistrates' Court General Civil Procedure and Judicial Registrars (Miscellaneous Amendments) Rules 2016 The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules: Part 1—Preliminary 1 Object The object of these Rules is— (a) to amend the Magistrates' Court General Civil Procedure Rules 2010— (i) to update a reference to a company that accredits mediators; and (ii) to revoke a rule that overlaps with the Magistrates' Court General Regulations 2014 following amendments made to those Regulations by the Magistrates' Court General Amendment Regulations 2016; and (b) to amend to the Magistrates' Court (Judicial Registrars) Rules 2015— (i) to make further provision in relation to judicial registrars issuing warrants to arrest in order to compel the attendance of an accused in a criminal proceeding; and -- 2 of 6 -- Part 1—Preliminary Magistrates' Court General Civil Procedure and Judicial Registrars (Miscellaneous Amendments) Rules 2016 S.R. No. 135/2016 Authorised by the Chief Parliamentary Counsel 2 (ii) to make amendments to these Rules as a consequence of amendments made to the Infringements Act 2006 by the Fines Reform and Infringements Acts Amendment Act 2016; and (iii) to correct a reference to a provision of the Judgment Debt Recovery Act 1984. 2 Authorising provisions These Rules are made under sections 16 and 16I of the Magistrates' Court Act 1989 and all other enabling powers. 3 Commencement These Rules come into operation on 21 November 2016. -- 3 of 6 -- Part 2—Magistrates' Court General Civil Procedure Rules 2010 Magistrates' Court General Civil Procedure and Judicial Registrars (Miscellaneous Amendments) Rules 2016 S.R. No. 135/2016 Authorised by the Chief Parliamentary Counsel 3 Part 2—Magistrates' Court General Civil Procedure Rules 2010 4 Pre-hearing conferences—definition In Rule 50.05 of the Magistrates' Court General Civil Procedure Rules 20101, in paragraph (d) of the definition of acceptable mediator, for "The Institute of Arbitrators and Mediators Australia, ACN 008 520 045" substitute "the Resolution Institute, ACN 008 651 232". 5 Particulars of warrants to be entered in the register Rule 60.08 of the Magistrates' Court General Civil Procedure Rules 2010 is revoked. -- 4 of 6 -- Part 3—Magistrates' Court (Judicial Registrars) Rules 2015 Magistrates' Court General Civil Procedure and Judicial Registrars (Miscellaneous Amendments) Rules 2016 S.R. No. 135/2016 Authorised by the Chief Parliamentary Counsel 4 Part 3—Magistrates' Court (Judicial Registrars) Rules 2015 6 Criminal proceedings and related proceedings that may be dealt with by judicial registrars In Rule 6(d) of the Magistrates' Court (Judicial Registrars) Rules 20152 omit "or a lodgeable infringement offence". 7 Powers of judicial registrars to issue warrants to arrest After Rule 7(1) of the Magistrates' Court (Judicial Registrars) Rules 2015 insert— "(1A) A judicial registrar may exercise all or any powers of the Court under any of the following provisions in a criminal proceeding for a summary offence or an indictable offence triable summarily— (a) section 26(2) of the Bail Act 1977; (b) section 80(1)(b), 81 or 330(4) or (5) of the Criminal Procedure Act 2009.". 8 Civil proceedings that may be dealt with by judicial registrars In Rule 8(c) of the Magistrates' Court (Judicial Registrars) Rules 2015, for "6(8)" substitute "8". Dated: 18 November 2016 PETER LAURITSEN, Chief Magistrate LANCE MARTIN, Deputy Chief Magistrate FELICITY BROUGHTON, Deputy Chief Magistrate ═══════════════ -- 5 of 6 -- Endnotes Magistrates' Court General Civil Procedure and Judicial Registrars (Miscellaneous Amendments) Rules 2016 S.R. No. 135/2016 Authorised by the Chief Parliamentary Counsel 5 Endnotes 1 Rule 4: S.R. No. 140/2010. Reprint No. 2 as at 1 February 2015. Reprinted to S.R. No. 3/2015. Subsequently amended by S.R. Nos 163/2015, 164/2015, 17/2016 and 82/2016. 2 Rule 6: S.R. No. 154/2015. -- 6 of 6 --