Magistrates' Court Authentication Rules 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Magistrates' Court Authentication Rules 2011 S.R. No. 58/2011 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Definition 2 5 Authentication of orders 2 6 Issue and authentication of process 2 7 Authentication of warrants 2 ═══════════════ -- 1 of 4 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2011 S.R. No. 58/2011 Magistrates' Court Act 1989 Magistrates' Court Authentication Rules 2011 The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules: 1 Object The object of these Rules is to provide for the authentication of orders, the issue and authentication of process and the authentication of warrants in proceedings in the Magistrates' Court of Victoria. 2 Authorising provisions These Rules are made under— (a) section 209 of the Family Violence Protection Act 2008; and (b) section 16 of the Magistrates' Court Act 1989; and (c) section 53 of the Stalking Intervention Orders Act 2008— and all other enabling powers under those Acts. 3 Commencement These Rules come into operation on 10 July 2011. -- 2 of 4 -- S.R. No. 58/2011 Magistrates' Court Authentication Rules 2011 Authorised by the Chief Parliamentary Counsel 2 4 Definition In these Rules— the Act means the Magistrates' Court Act 1989. 5 Authentication of orders For the purposes of section 18(2) of the Act, an order may be authenticated— (a) if the order is entered in writing in the register, by the person who constituted the Court signing the entry; or (b) if the order is entered into a computerised data storage and retrieval system, by the person who constituted the Court entering confirmation of the order into the system. 6 Issue and authentication of process Process may be issued or authenticated by the person issuing or authenticating the process— (a) signing the process; or (b) stamping the process with a facsimile signature stamp. 7 Authentication of warrants For the purposes of section 57(9) of the Act, the execution copy of a warrant produced by a computer data storage and retrieval system may be authenticated by the person who issued the warrant including on that copy— (a) his or her name; and (b) the date of issue of the warrant. r. 4 -- 3 of 4 -- S.R. No. 58/2011 Magistrates' Court Authentication Rules 2011 Authorised by the Chief Parliamentary Counsel 3 Dated: 7 July 2011 IAN L. GRAY, Chief Magistrate LANCE MARTIN, Deputy Chief Magistrate DANIEL J. MULING, Deputy Chief Magistrate ═══════════════ r. 7 -- 4 of 4 --