Magistrates' Court Miscellaneous Amendment Rules 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Magistrates' Court Miscellaneous Amendment Rules 2011 S.R. No. 150/2011 TABLE OF PROVISIONS Rule Page PART 1—PRELIMINARY 1 1 Object 1 2 Authorising provisions 1 3 Commencement 1 PART 2—AMENDMENTS TO THE MAGISTRATES' COURT CRIMINAL PROCEDURE RULES 2009 2 4 Revocation of Rule 15 2 5 Prescribed member of a class of persons who may witness statements 2 PART 3—AMENDMENT TO THE MAGISTRATES' COURT (JUDICIAL REGISTRARS) RULES 2005 3 6 Proceedings that may be dealt with by a judicial registrar 3 ═══════════════ ENDNOTES 4 -- 1 of 5 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2011 S.R. No. 150/2011 Magistrates' Court Act 1989 Magistrates' Court Miscellaneous Amendment Rules 2011 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 to amend— (a) the Magistrates' Court Criminal Procedure Rules 2009— (i) to revoke Rule 15 of those Rules; and (ii) to prescribe certain officers appointed under the Local Government Act 1989 as persons who may witness statements; and (b) the Magistrates' Court (Judicial Registrars) Rules 2005 to make a statute law revision amendment to those Rules. 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 8 December 2011. __________________ -- 2 of 5 -- Part 2—Amendments to the Magistrates' Court Criminal Procedure Rules 2009 Magistrates' Court Miscellaneous Amendment Rules 2011 S.R. No. 150/2011 Authorised by the Chief Parliamentary Counsel 2 PART 2—AMENDMENTS TO THE MAGISTRATES' COURT CRIMINAL PROCEDURE RULES 2009 4 Revocation of Rule 15 Rule 15 of the Magistrates' Court Criminal Procedure Rules 20091 is revoked. 5 Prescribed member of a class of persons who may witness statements (1) In Rule 86(d) of the Magistrates' Court Criminal Procedure Rules 2009, for "2004." substitute "2004;". (2) After Rule 86(d) of the Magistrates' Court Criminal Procedure Rules 2009 insert— "(e) an authorised officer appointed by a Council under section 224 of the Local Government Act 1989.". __________________ r. 4 -- 3 of 5 -- Part 3—Amendment to the Magistrates' Court (Judicial Registrars) Rules 2005 Magistrates' Court Miscellaneous Amendment Rules 2011 S.R. No. 150/2011 Authorised by the Chief Parliamentary Counsel 3 PART 3—AMENDMENT TO THE MAGISTRATES' COURT (JUDICIAL REGISTRARS) RULES 2005 6 Proceedings that may be dealt with by a judicial registrar (1) In Rule 4(1)(b) of the Magistrates' Court (Judicial Registrars) Rules 20052 omit "and section 94(1) of the Criminal Procedure Act 2009". (2) In Rule 4(1)(cb) of the Magistrates' Court (Judicial Registrars) Rules 2005 after "1989" insert "and section 94(1) of the Criminal Procedure Act 2009". Dated: 6 December 2011 IAN L. GRAY, Chief Magistrate DANIEL J. MULING, Deputy Chief Magistrate JELENA POPOVIC, Deputy Chief Magistrate ═══════════════ r. 6 -- 4 of 5 -- Magistrates' Court Miscellaneous Amendment Rules 2011 S.R. No. 150/2011 Authorised by the Chief Parliamentary Counsel 4 ENDNOTES 1 Rule 4: S.R. No 181/2009 as amended by S.R. Nos 18/2011, 59/2011 and 123/2011. 2 Rule 6(1): S.R. No. 166/2005 as amended by S.R. Nos 86/2007, 34/2009, 6/2010 and 123/2011. Endnotes -- 5 of 5 --