County Court (Chapter III Amendment No. 3) Rules 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i County Court (Chapter III Amendment No. 3) Rules 2014 S.R. No. 14/2014 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 1 5 Proper officer 1 6 Rules 5.02, 5.03 and 5.05 amended 2 7 Enforcement of fine against a natural person 2 8 Enforcement of fine against body corporate 2 9 Bail—undertaking to attend 2 10 Warrant of commitment 2 11 Form 5A amended 3 12 Forms 5B and 5BA amended 3 13 Notice about the procedure for enforcement of fines 3 14 Warrant to arrest for failure to pay fine 3 15 Summons for failure to pay fine 3 16 Notice about the procedure for enforcement of fines (body corporate) 3 17 Warrant of commitment 4 ═══════════════ ENDNOTES 5 -- 1 of 6 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 14/2014 County Court Act 1958 County Court (Chapter III Amendment No. 3) Rules 2014 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 as a consequence of the commencement of Part 5 of the Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013. 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 the day on which section 47 of the Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013 comes into operation. 4 Principal Rules In these Rules, the County Court Criminal Procedure Rules 20091 are called the Principal Rules. 5 Proper officer In Rule 5.01 of the Principal Rules, for "Division 4 of Part 3" substitute "Part 3B". -- 2 of 6 -- S.R. No. 14/2014 County Court (Chapter III Amendment No. 3) Rules 2014 Authorised by the Chief Parliamentary Counsel 2 6 Rules 5.02, 5.03 and 5.05 amended In Rules 5.02(1) and (4), 5.03 and 5.05(1) of the Principal Rules, for "section 55" substitute "section 57, 60, 61 or 65". 7 Enforcement of fine against a natural person (1) In Rule 5.06(1) of the Principal Rules, for "section 55(1)(d)" substitute "section 65". (2) In Rule 5.06(1A) of the Principal Rules, for "section 62(10)(a) or 62A(1)" substitute "section 69D(2) or 69H(2)(a)". (3) In Rule 5.06(2) of the Principal Rules, for "section 62(8)" substitute "section 69C(3)". (4) In Rule 5.06(2A) of the Principal Rules, for "section 63AE" substitute "section 68 or 69J". (5) In Rule 5.06(3) of the Principal Rules, for "section 64(2)" substitute "section 69M(2)". (6) In Rule 5.06(4) of the Principal Rules, for "section 64(1)" substitute "section 69M(1)". 8 Enforcement of fine against body corporate In Rule 5.07 of the Principal Rules, for "section 66(3)" substitute "section 69Y(3)". 9 Bail—undertaking to attend (1) In Rule 5.08(1) of the Principal Rules, for "under section 62(1)" substitute "in accordance with a warrant issued under section 69(1)". (2) In Rule 5.08(2)(a) of the Principal Rules, for "section 62" substitute "section 69(1)". 10 Warrant of commitment In Rule 5.09(1) of the Principal Rules, for "section 62(10)(b)" substitute "section 69H(2)(b)". r. 6 -- 3 of 6 -- S.R. No. 14/2014 County Court (Chapter III Amendment No. 3) Rules 2014 Authorised by the Chief Parliamentary Counsel 3 11 Form 5A amended In Form 5A of the Principal Rules— (a) for "*ADDITIONAL TIME TO PAY A FINE" substitute "*TIME TO PAY ORDER"; (b) for "OF EXISTING" substitute "OR CANCELLATION OF"; (c) after "the terms" insert "or cancellation". 12 Forms 5B and 5BA amended In Forms 5B and 5BA of the Principal Rules omit "regulation 23 of". 13 Notice about the procedure for enforcement of fines In Form 5C of the Principal Rules— (a) for "RULE 5.06" substitute "RULE 5.06(2)"; (b) for "Additional Time to Pay" substitute "a Time to Pay Order". 14 Warrant to arrest for failure to pay fine In Form 5D of the Principal Rules, for "RULE 5.06" substitute "RULE 5.06(3)". 15 Summons for failure to pay fine In Form 5E of the Principal Rules— (a) for "RULE 5.06" substitute "RULE 5.06(4)"; (b) for "Issued at" substitute "Issued at:"; (c) for "Court reference" substitute "CASE No.". 16 Notice about the procedure for enforcement of fines (body corporate) In Form 5F of the Principal Rules, for "Additional Time to Pay" substitute "a Time to Pay Order". r. 11 -- 4 of 6 -- S.R. No. 14/2014 County Court (Chapter III Amendment No. 3) Rules 2014 Authorised by the Chief Parliamentary Counsel 4 17 Warrant of commitment In Form 5G of the Principal Rules— (a) for "Issued at" substitute "Issued at:"; (b) omit "Date:". Dated: 10 April 2014 M. ROZENES, Chief Judge P. G. MISSO C. D. DOUGLAS J. M. J. PATRICK G. R. ANDERSON P. M. E. WISCHUSEN J. R. BOWMAN P. G. LACAVA J. A. SMALLWOOD P. M. TAFT S. M. COHEN M. A. GAMBLE F. E. HOGAN H. T. MASON I. E. LAWSON G. P. MULLALY E. M. GAYNOR K. E. KINGS J. A. CAMPTON J. D. MONTGOMERY W. A. WILMOTH M. H. TINNEY F. MILLANE G. T. CANNON S. S. DAVIS M. E. DEAN F. P. HAMPEL J. F. CARMODY J. G. MORRISH R. J. H. MAIDMENT P. D. GRANT M. F. MACNAMARA D. A. PARSONS W. E. STUART S. E. PULLEN J. A. JORDAN A. J. HOWARD P. J. COSGRAVE M. D. MURPHY G. F. MEREDITH M. E. KENNEDY R. W. DYER ═══════════════ r. 17 -- 5 of 6 -- S.R. No. 14/2014 County Court (Chapter III Amendment No. 3) Rules 2014 Authorised by the Chief Parliamentary Counsel 5 ENDNOTES 1 Rule 4: S.R. No. 183/2009 as amended by S.R. Nos 31/2012, 95/2012, 104/2012 and 110/2013. Endnotes -- 6 of 6 --