Magistrates' Court (Reference Amendment) Rules 2011

Authorised by the Chief Parliamentary Counsel Authorised Version i Magistrates' Court (Reference Amendment) Rules 2011 S.R. No. 123/2011 TABLE OF PROVISIONS Rule Page PART 1—PRELIMINARY 1 1 Object 1 2 Authorising provisions 1 PART 2—MAGISTRATES' COURT CRIMINAL PROCEDURE RULES 2009 2 3 When a person may appear by audio visual link or audio link 2 PART 3—MAGISTRATES' COURT (JUDICIAL REGISTRARS) RULES 2005 3 4 Proceedings that may be dealt with by a judicial registrar 3 PART 4—MAGISTRATES' COURT (OCCUPATIONAL HEALTH AND SAFETY) RULES 2005 4 5 New Rule 4 substituted 4 4 Magistrates' Court General Civil Procedure Rules 2010 4 PART 5—MAGISTRATES' COURT (OUTWORKERS) RULES 2006 5 6 New Rule 4 substituted 5 4 Magistrates' Court General Civil Procedure Rules 2010 do not apply 5 ═══════════════ ENDNOTES 6 -- 1 of 7 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2011 S.R. No. 123/2011 Magistrates' Court Act 1989 Magistrates' Court (Reference 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 references in the following Rules as a consequence of the commencement of the Magistrates' Court General Civil Procedure Rules 2010— (i) the Magistrates' Court Criminal Procedure Rules 2009; (ii) the Magistrates' Court (Judicial Registrars) Rules 2005; (iii) the Magistrates' Court (Occupational Health and Safety) Rules 2005; (iv) the Magistrates' Court (Outworkers) Rules 2006. 2 Authorising provisions These Rules are made under section 16 of the Magistrates' Court Act 1989 and all other enabling powers. __________________ -- 2 of 7 -- Part 2—Magistrates' Court Criminal Procedure Rules 2009 Magistrates' Court (Reference Amendment) Rules 2011 S.R. No. 123/2011 Authorised by the Chief Parliamentary Counsel 2 PART 2—MAGISTRATES' COURT CRIMINAL PROCEDURE RULES 2009 3 When a person may appear by audio visual link or audio link In Rule 89 of the Magistrates' Court Criminal Procedure Rules 20091 , for "Order 16A of the Magistrates' Court Civil Procedure Rules 2009" substitute "Order 41A of the Magistrates' Court General Civil Procedure Rules 2010". __________________ r. 3 -- 3 of 7 -- Part 3—Magistrates' Court (Judicial Registrars) Rules 2005 Magistrates' Court (Reference Amendment) Rules 2011 S.R. No. 123/2011 Authorised by the Chief Parliamentary Counsel 3 PART 3—MAGISTRATES' COURT (JUDICIAL REGISTRARS) RULES 2005 4 Proceedings that may be dealt with by a judicial registrar For Rule 4(1)(f) of the Magistrates' Court (Judicial Registrars) Rules 20052 substitute— "(f) a proceeding involving the exercise of any power of the Court under the Magistrates' Court General Civil Procedure Rules 2010 other than a power of the Court under— (i) Rules 12.02 and 12.07, if the value of the property or proceeds is $5000 or more; and (ii) Rule 15.08(1); and (iii) Rule 37.01, other than the power in relation to the inspection of property; and (iv) Rule 37.02; and (v) Order 37A; and (vi) Order 37B; and (vii) Order 38; and". __________________ r. 4 -- 4 of 7 -- Part 4—Magistrates' Court (Occupational Health and Safety) Rules 2005 Magistrates' Court (Reference Amendment) Rules 2011 S.R. No. 123/2011 Authorised by the Chief Parliamentary Counsel 4 PART 4—MAGISTRATES' COURT (OCCUPATIONAL HEALTH AND SAFETY) RULES 2005 5 New Rule 4 substituted For Rule 4 of the Magistrates' Court (Occupational Health and Safety) Rules 20053 substitute— "4 Magistrates' Court General Civil Procedure Rules 2010 The Magistrates' Court General Civil Procedure Rules 2010 do not apply to an application referred to in Rules 5 and 6.". __________________ r. 5 -- 5 of 7 -- Part 5—Magistrates' Court (Outworkers) Rules 2006 Magistrates' Court (Reference Amendment) Rules 2011 S.R. No. 123/2011 Authorised by the Chief Parliamentary Counsel 5 PART 5—MAGISTRATES' COURT (OUTWORKERS) RULES 2006 6 New Rule 4 substituted For Rule 4 of the Magistrates' Court (Outworkers) Rules 20064 substitute— "4 Magistrates' Court General Civil Procedure Rules 2010 do not apply The Magistrates' Court General Civil Procedure Rules 2010 do not apply to any application referred to in these Rules.". Dated: 3 November 2011 IAN L. GRAY, Chief Magistrate FELICITY ANNE BROUGHTON, Deputy Chief Magistrate JELENA POPOVIC, Deputy Chief Magistrate ═══════════════ r. 6 -- 6 of 7 -- Magistrates' Court (Reference Amendment) Rules 2011 S.R. No. 123/2011 Authorised by the Chief Parliamentary Counsel 6 ENDNOTES 1 Rule 3: S.R. No. 181/2009 as amended by S.R. Nos 18/2011 and 59/2011. 2 Rule 4: S.R. No. 166/2005 as amended by S.R. Nos 86/2007, 34/2009 and 6/2010. 3 Rule 5: S.R. No. 59/2005. 4 Rule 6: S.R. No. 69/2006. Endnotes -- 7 of 7 --