Magistrates' Court (Judicial Registrars) (Amendment) Rules 2007

Magistrates' Court (Judicial Registrars) (Amendment) Rules 2007 S.R. No. 86/2007 TABLE OF PROVISIONS Rule Page 1 Object 1 2 Authorising provisions 1 3 Commencement 1 4 Proceedings that may be dealt with by a judicial registrar 1 ═══════════════ ENDNOTES 4 i -- 1 of 5 -- STATUTORY RULES 2007 S.R. No. 86/2007 Magistrates' Court Act 1989 Magistrates' Court (Judicial Registrars) (Amendment) Rules 2007 The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules: 1 Object The object of these Rules is to prescribe further proceedings or classes of proceedings which may be dealt with by the Court constituted by a judicial registrar. 2 Authorising provisions These Rules are made under sections 16 and 16I of the Magistrates' Court Act 1989. 3 Commencement These Rules come into operation on 1 August 2007. 4 Proceedings that may be dealt with by a judicial registrar (1) For Rule 4(1)(a) of the Magistrates' Court (Judicial Registrars) Rules 20051 substitute— "(a) in a civil proceeding, the power to make orders, including final orders, with the consent of the parties to the proceeding (except for a proceeding under the Crimes (Family Violence) Act 1987 or the Family Law Act 1975 of the Commonwealth); and 1 -- 2 of 5 -- S.R. No. 86/2007 Magistrates' Court (Judicial Registrars) (Amendment) Rules 2007 r. 4 (ab) a proceeding for an order to remove a prisoner from a prison and to have the prisoner brought before the Court under regulation 19(1) of the Corrections Regulations 19982; and (ac) subject to subrule (1A), a proceeding under sections 5, 6 and 7 of the Instruments Act 1958; and (ad) a proceeding under section 5(1), 6(7)(b), 8, 13, 14 or 18 of the Judgment Debt Recovery Act 1984; and". (2) After Rule 4(1)(c) of the Magistrates' Court (Judicial Registrars) Rules 2005 insert— "(ca) the power of a registrar in a proceeding under Division 3 of Part 4 of the Magistrates' Court Act 1989; and (cb) subject to subrule (1A), a proceeding under sections 95, 110, 128(1), (3) and (4) of the Magistrates' Court Act 1989; and". (3) For Rule 4(1)(e) of the Magistrates' Court (Judicial Registrars) Rules 2005 substitute— "(e) a proceeding— (i) for an offence which is an infringement offence or a lodgeable infringement offence within the meaning of the Infringements Act 2006, except for a proceeding under section 49 of the Road Safety Act 1986; or (ii) under the Infringements Act 2006 that is not a proceeding of a kind referred to in subparagraph (i), except for a proceeding under section 87(2), 107, 127(1), 128(1), 133(1), 139, 143(2), 155, 156(4) or (5), 160(1), (3) or (4), 161A or 167 of that Act; and". 2 -- 3 of 5 -- S.R. No. 86/2007 Magistrates' Court (Judicial Registrars) (Amendment) Rules 2007 r. 4 (4) After Rule 4(1)(f) of the Magistrates' Court (Judicial Registrars) Rules 2005 insert— "(fa) an application under section 8 or 15 of the Private Agents Act 1966; and". (5) After Rule 4(1) of the Magistrates' Court (Judicial Registrars) Rules 2005 insert— "(1A) Subject to this Rule, the powers of a judicial registrar in a proceeding under section 74 of the Infringements Act 2006, section 6 of the Instruments Act 1958 or section 95 or 110 of the Magistrates' Court Act 1989 do not include a power to re-hear the proceeding.". (6) For Rule 4(2) of the Magistrates' Court (Judicial Registrars) Rules 2005 substitute— "(2) The powers of a judicial registrar— (a) subject to paragraph (b), include a power to deal with and exercise all or any of the powers of a registrar under the Magistrates' Court Act 1989 and any other Act or the rules; and (b) in a proceeding referred to in subrule (1)(b), do not include any powers referred to in section 16I(b)(i) of the Magistrates' Court Act 1989.". Dated: 31 July 2007 IAN L. GRAY, Chief Magistrate PETER HENRY LAURITSEN, Deputy Chief Magistrate DANIEL J. MULING, Deputy Chief Magistrate ═══════════════ 3 -- 4 of 5 -- S.R. No. 86/2007 Magistrates' Court (Judicial Registrars) (Amendment) Rules 2007 Endnotes ENDNOTES 1 Rule 4: S.R. No. 166/2005. 2 Rule 4(1)(ab): S.R. No. 52/1998 as amended by S.R. No. 14/2006. 4 -- 5 of 5 --