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County Court (Chapter III Amendment No. 5) Rules 2015

Legislation · Victoria · 2020
Authorised by the Chief Parliamentary Counsel Authorised Version i County Court (Chapter III Amendment No. 5) Rules 2015 S.R. No. 130/2015 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 Definitions 2 6 Notice of appeal against orders under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 imposed by Children's Court 2 7 Warrant to arrest for failure to pay fine 2 ═══════════════ Endnotes 4 -- 1 of 5 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2015 S.R. No. 130/2015 County Court Act 1958 County Court (Chapter III Amendment No. 5) Rules 2015 A majority of the Judges of the County Court makes the following Rules: 1 Object The object of these Rules is to amend Chapter III of the Rules of the County Court— (a) as a consequence of the commencement of the Legal Profession Uniform Law Application Act 2014; and (b) as a consequence of the commencement of the Mental Health Amendment Act 2015; and (c) to require an additional piece of information to be specified in Form 5D. 2 Authorising provisions These Rules are made under section 78 of the County Court Act 1958 and all other enabling powers. 3 Commencement These Rules come into operation on 23 November 2015. 4 Principal Rules In these Rules, the County Court Criminal Procedure Rules 20091 are called the Principal Rules. -- 2 of 5 -- County Court (Chapter III Amendment No. 5) Rules 2015 S.R. No. 130/2015 Authorised by the Chief Parliamentary Counsel 2 5 Definitions In Rule 1.05 of the Principal Rules— (a) in paragraph (b) of the definition of appellant, after "Department of" insert "Health and"; (b) the definition of barrister and the note at the foot of that definition are revoked. 6 Notice of appeal against orders under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 imposed by Children's Court In Form 4BA of the Principal Rules— (a) for "Human Services/*Secretary to the Department of Health wish" substitute "Health and Human Services wish"; (b) for "Human Services/*Secretary to the Department of Health]" substitute "Health and Human Services]". 7 Warrant to arrest for failure to pay fine In Form 5D of the Principal Rules, after "Name of person to be arrested:" insert— "Date of birth of person to be arrested:". Dated: 17 November 2015 P. KIDD P. J. COISH M. G. McINERNEY J. A. CAMPTON G. R. ANDERSON W. A. WILMOTH S. M. COHEN G. T. CHETTLE M. E. SEXTON F. MILLANE F. E. HOGAN S. S. DAVIS I. E. LAWSON F. P. HAMPEL E. M. GAYNOR J. G. MORRISH -- 3 of 5 -- County Court (Chapter III Amendment No. 5) Rules 2015 S.R. No. 130/2015 Authorised by the Chief Parliamentary Counsel 3 P. D. GRANT G. P. MULLALY D. A. PARSONS J. L. PARRISH S. E. PULLEN M. H. TINNEY L. A. HANNAN G. T. CANNON M. E. KENNEDY M. E. DEAN D. L. ALLEN M. F. MACNAMARA P. G. MISSO B. STUART J. M. J. PATRICK D. G. BROOKES P. M. E. WISCHUSEN C. J. RYAN P. G. LACAVA P. J. COSGRAVE P. M. TAFT R. W. DYER H. T. MASON S. L. HINCHEY ═══════════════ -- 4 of 5 -- Endnotes County Court (Chapter III Amendment No. 5) Rules 2015 S.R. No. 130/2015 Authorised by the Chief Parliamentary Counsel 4 Endnotes 1 Rule 4: S.R. No. 183/2009. Reprint No. 1 as at 7 March 2014. Reprinted to S.R. No. 110/2013. Subsequently amended by S.R. Nos 14/2014, 100/2014, 178/2014 and 210/2014. -- 5 of 5 --