Magistrates' Court (Judicial Registrars)
Amendment Rules 2012
S.R. No. 119/2012
TABLE OF PROVISIONS
Rule
Page
1
2
3
4
5
Object
Authorising provisions
Commencement
Principal Rules
Proceedings that may be dealt with by a judicial registrar
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ENDNOTES
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STATUTORY RULES 2012
S.R. No. 119/2012
Magistrates' Court Act 1989
Magistrates' Court (Judicial Registrars)
Amendment Rules 2012
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 (Judicial Registrars) Rules
2005 to make further provision for the
proceedings and powers of the Magistrates' Court
that may be dealt with and exercised by judicial
registrars.
2 Authorising provisions
These Rules are made under sections 16 and 16I
of the Magistrates' Court Act 1989 and all other
enabling powers.
3 Commencement
These Rules come into operation on 26 October
2012.
4 Principal Rules
In these Rules, the Magistrates' Court (Judicial
Registrars) Rules 20051 are called the Principal
Rules.
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Magistrates' Court (Judicial Registrars) Amendment Rules 2012
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5 Proceedings that may be dealt with by a judicial
registrar
(1) In Rule 4(1)(ab) of the Principal Rules, for
"regulation 19(1) of the Corrections Regulations
1998" substitute "regulation 20(1) of the
Corrections Regulations 2009".
(2) In Rule 4(1)(ad) of the Principal Rules, after "14"
insert ", 17(2)".
(3) In Rule 4(1)(c) of the Principal Rules omit
", provided that the amount of monetary relief
sought is less than $5000".
(4) For Rule 4(1)(fa) of the Principal Rules
substitute—
"(fa) an application for the grant of an indemnity
certificate under section 17 of the Appeal
Costs Act 1998, if the proceeding relates to
the adjournment of a criminal proceeding by
the Court constituted by that judicial
registrar; and
(fb) an application for summary judgment under
section 63 of the Civil Procedure Act 2010;
and".
(5) After Rule 4(3) of the Principal Rules insert—
"(4) A judicial registrar may exercise all or any
powers of the Court under the following
provisions, if the exercise of the power is
incidental to the exercise by a judicial
registrar of the Court's powers referred to in
paragraph (3)—
(a) Division 1 of Part 3 and Part 10 of the
Confiscation Act 1997;
(b) section 151 of the Firearms Act 1996.
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Magistrates' Court (Judicial Registrars) Amendment Rules 2012
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(5) A judicial registrar may exercise all or any
powers of the Court under section 83AT of
the Sentencing Act 1991 in relation to a
contravention of section 83AC of that Act, if
the contravention under section 83AC relates
to an order made by a judicial registrar under
section 72 or 75 of the Sentencing Act 1991.
(6) A judicial registrar may exercise all or any
powers of the Court on an application
referred to in Rule 6(2).".
Dated: 23 October 2012
IAN L. GRAY,
Chief Magistrate
LANCE I. MARTIN,
Deputy Chief Magistrate
PETER LAURITSEN,
Deputy Chief Magistrate
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Magistrates' Court (Judicial Registrars) Amendment Rules 2012
Endnotes
S.R. No. 119/2012
ENDNOTES
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Rule 4: S.R. No. 166/2005 as amended by S.R. Nos 86/2007, 34/2009,
6/2010, 123/2011 and 150/2011.
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