Magistrates' Court Criminal Procedure (Amendment No. 5) Rules 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Magistrates' Court Criminal Procedure (Amendment No. 5) Rules 2014 S.R. No. 24/2014 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Principal Rules 2 5 Rule 21 substituted 2 21 Summary case conference 2 6 Registrar or judicial registrar may dispense with summary case conference requirement 2 7 Objection to production and inspection of protected documents and things 2 8 Notice and list of information or other documents to accompany hand-up brief 2 9 Application for time to pay, instalment order or variation of instalment order 3 10 Consideration of application 3 11 Determination of application 3 12 Enforcement of fines against a natural person 3 13 Enforcement of fine against body corporate 4 14 Summons for warrant to seize property returned unsatisfied 4 15 Declaration of liability of a director for offence of body corporate 4 16 Form 24 amended 4 17 Form 47 amended 4 18 Form 48 amended 4 19 Form 48A amended 4 20 Form 49 amended 5 21 Form 50 amended 5 22 Form 51 amended 5 23 Form 52 amended 5 24 Form 53 amended 5 ═══════════════ ENDNOTES 6 -- 1 of 7 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 24/2014 Magistrates' Court Act 1989 Magistrates' Court Criminal Procedure (Amendment No. 5) Rules 2014 The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules: 1 Object The object of these Rules is to amend the Magistrates' Court Criminal Procedure Rules 2009— (a) to clarify that the parties to a summary case conference must use their best endeavours to resolve any issue in dispute; and (b) to amend Part 2 of Order 10 (Fines) as a consequence of the commencement of Part 5 of the Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013; and (c) to make other amendments of a statute law revision nature. 2 Authorising provisions These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers. 3 Commencement These Rules come into operation on 5 May 2014. -- 2 of 7 -- S.R. No. 24/2014 Magistrates' Court Criminal Procedure (Amendment No. 5) Rules 2014 Authorised by the Chief Parliamentary Counsel 2 4 Principal Rules In these Rules, the Magistrates' Court Criminal Procedure Rules 20091 are called the Principal Rules. 5 Rule 21 substituted For Rule 21 of the Principal Rules substitute— "21 Summary case conference The parties to a summary case conference must use their best endeavours to resolve any issue in dispute.". 6 Registrar or judicial registrar may dispense with summary case conference requirement In Rule 23 of the Principal Rules, for "section 54(6)" substitute "section 54(5)". 7 Objection to production and inspection of protected documents and things (1) In Rule 27(1) of the Principal Rules, for "section 107 of the Police Integrity Act 2008" substitute "section 48 of the Independent Broad-based Anti-corruption Commission Act 2011". (2) In Rule 27(2) of the Principal Rules, for "section 107(2) of the Police Integrity Act 2008" substitute "section 48(2) of the Independent Broad-based Anti-corruption Commission Act 2011". 8 Notice and list of information or other documents to accompany hand-up brief In Rule 46(1) of the Principal Rules, for "section 110(1)(a)" substitute "section 110(a)". r. 4 -- 3 of 7 -- S.R. No. 24/2014 Magistrates' Court Criminal Procedure (Amendment No. 5) Rules 2014 Authorised by the Chief Parliamentary Counsel 3 9 Application for time to pay, instalment order or variation of instalment order (1) In Rule 98 of the Principal Rules, for "section 55(1)" substitute "section 57, 60, 61 or 65". (2) In Rule 98(a) of the Principal Rules, for "section 55(1)(d)" substitute "section 65". (3) In Rule 98(b) of the Principal Rules, for "section 55(1)(a), 55(1)(b) or 55(1)(c)" substitute "section 57, 60 or 61". (4) In Rule 98(c) of the Principal Rules, for "section 55(1)(d)" substitute "section 65". 10 Consideration of application In Rule 99(1) of the Principal Rules, for "section 55(1)" substitute "section 57, 60, 61 or 65". 11 Determination of application (1) In Rule 100(1) of the Principal Rules, for "section 55(1)(a)" substitute "section 59". (2) In Rule 100(2) of the Principal Rules, for "section 55(1)(b) or 55(1)(c)" substitute "section 56 or 63". (3) In Rule 100(3) of the Principal Rules, for "section 55(1)(d) or 55(3)" substitute "section 64". 12 Enforcement of fines against a natural person (1) In Rule 101(1) of the Principal Rules, for "section 62(10)(a)" substitute "section 69H(2)(a)". (2) In Rule 101(2) of the Principal Rules, for "section 62(8)" substitute "section 69C(3)". (3) In Rule 101(3) of the Principal Rules, for "section 62(10)(a), 62A(1) or 64(4)" substitute "section 69D(2), 69H(2)(a) or 69M(4)". r. 9 -- 4 of 7 -- S.R. No. 24/2014 Magistrates' Court Criminal Procedure (Amendment No. 5) Rules 2014 Authorised by the Chief Parliamentary Counsel 4 13 Enforcement of fine against body corporate In Rule 102 of the Principal Rules, for "section 66(3)" substitute "section 69Y(3)". 14 Summons for warrant to seize property returned unsatisfied (1) In Rule 103(1) and (2) of the Principal Rules, for "section 64(1)" substitute "section 69M(1)". (2) In Rule 103(4) of the Principal Rules, for "section 64" substitute "section 69M". 15 Declaration of liability of a director for offence of body corporate In Rule 104 of the Principal Rules, for "section 50(6)" substitute "section 55(1)". 16 Form 24 amended In Form 24 of the Principal Rules omit all the words and expressions commencing "The amount was ordered" and ending "the case was dismissed.". 17 Form 47 amended (1) In the heading to Form 47 of the Principal Rules, after "FINE" insert "OR TO PAY A FINE BY INSTALMENTS". (2) In Form 47 of the Principal Rules, for "Section 55(1)" substitute "Section 57, 60 or 61". 18 Form 48 amended In Form 48 of the Principal Rules, for "Section 55(1)" substitute "Section 65". 19 Form 48A amended In Form 48A of the Principal Rules, for "Sections 55(1)(d) and 55(3)" substitute "Section 64". r. 13 -- 5 of 7 -- S.R. No. 24/2014 Magistrates' Court Criminal Procedure (Amendment No. 5) Rules 2014 Authorised by the Chief Parliamentary Counsel 5 20 Form 49 amended In Form 49 of the Principal Rules, for "Section 62(10)(a)" substitute "Section 69C(3)". 21 Form 50 amended (1) In Form 50 of the Principal Rules, for "Section 62(8)" substitute "Section 69C(3)". (2) In Form 50 of the Principal Rules, for "community-based order" substitute "fine default unpaid community work order". 22 Form 51 amended In Form 51 of the Principal Rules, for "Section 66(3)" substitute "Section 69Y(3)". 23 Form 52 amended In Form 52 of the Principal Rules, for "Section 62(10)(a)" substitute "Section 69D(2), 69H(2) or 69M(4)". 24 Form 53 amended In Form 53 of the Principal Rules, for "Section 64(1)" substitute "Section 69M(1)". Dated: 29 April 2014 P. LAURITSEN, Chief Magistrate J. POPOVIC, Deputy Chief Magistrate F. BROUGHTON, Deputy Chief Magistrate ═══════════════ r. 20 -- 6 of 7 -- S.R. No. 24/2014 Magistrates' Court Criminal Procedure (Amendment No. 5) Rules 2014 Authorised by the Chief Parliamentary Counsel 6 ENDNOTES 1 Rule 4: S.R. No. 181/2009 as amended by S.R. Nos 18/2011, 59/2011, 123/2011, 150/2011, 118/2012, 155/2013 and 177/2013. Endnotes -- 7 of 7 --