Magistrates' Court Criminal Procedure (Amendment No. 5) Rules 2014

S.R. No. 24/2014

TABLE OF PROVISIONSRule Page

1 Object 12 Authorising provisions 13 Commencement 14 Principal Rules 25 Rule 21 substituted 2

21 Summary case conference 26 Registrar or judicial registrar may dispense with summary case

conference requirement 27 Objection to production and inspection of protected documents

and things 28 Notice and list of information or other documents to accompany

hand-up brief 29 Application for time to pay, instalment order or variation of

instalment order 310 Consideration of application 311 Determination of application 312 Enforcement of fines against a natural person 313 Enforcement of fine against body corporate 414 Summons for warrant to seize property returned unsatisfied 415 Declaration of liability of a director for offence of body

corporate 416 Form 24 amended 417 Form 47 amended 418 Form 48 amended 419 Form 48A amended 420 Form 49 amended 521 Form 50 amended 522 Form 51 amended 523 Form 52 amended 524 Form 53 amended 5

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STATUTORY RULES 2014

S.R. No. 24/2014

Magistrates' Court Act 1989

Magistrates' Court Criminal Procedure (Amendment No. 5) Rules 2014

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 Criminal Procedure Rules 2009—

(a) to clarify that the parties to a summary case conference must use their best endeavours to resolve any issue in dispute; and

(b) to amend Part 2 of Order 10 (Fines) as a consequence of the commencement of Part 5 of the Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013; and

(c) to make other amendments of a statute law revision nature.

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 5 May 2014.

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4 Principal Rules

In these Rules, the Magistrates' Court Criminal Procedure Rules 20091 are called the Principal Rules.

5 Rule 21 substituted

For Rule 21 of the Principal Rules substitute—

"21 Summary case conference

The parties to a summary case conference must use their best endeavours to resolve any issue in dispute.".

6 Registrar or judicial registrar may dispense with summary case conference requirement

In Rule 23 of the Principal Rules, for "section 54(6)" substitute "section 54(5)".

7 Objection to production and inspection of protected documents and things

(1) In Rule 27(1) of the Principal Rules, for "section 107 of the Police Integrity Act 2008" substitute "section 48 of the Independent Broad-based Anti-corruption Commission Act 2011".

(2) In Rule 27(2) of the Principal Rules, for "section 107(2) of the Police Integrity Act 2008" substitute "section 48(2) of the Independent Broad-based Anti-corruption Commission Act 2011".

8 Notice and list of information or other documents to accompany hand-up brief

In Rule 46(1) of the Principal Rules, for "section 110(1)(a)" substitute "section 110(a)".

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9 Application for time to pay, instalment order or variation of instalment order

(1) In Rule 98 of the Principal Rules, for "section 55(1)" substitute "section 57, 60, 61 or 65".

(2) In Rule 98(a) of the Principal Rules, for "section 55(1)(d)" substitute "section 65".

(3) In Rule 98(b) of the Principal Rules, for "section 55(1)(a), 55(1)(b) or 55(1)(c)" substitute "section 57, 60 or 61".

(4) In Rule 98(c) of the Principal Rules, for "section 55(1)(d)" substitute "section 65".

10 Consideration of application

In Rule 99(1) of the Principal Rules, for "section 55(1)" substitute "section 57, 60, 61 or 65".

11 Determination of application

(1) In Rule 100(1) of the Principal Rules, for "section 55(1)(a)" substitute "section 59".

(2) In Rule 100(2) of the Principal Rules, for "section 55(1)(b) or 55(1)(c)" substitute "section 56 or 63".

(3) In Rule 100(3) of the Principal Rules, for "section 55(1)(d) or 55(3)" substitute "section 64".

12 Enforcement of fines against a natural person

(1) In Rule 101(1) of the Principal Rules, for "section 62(10)(a)" substitute "section 69H(2)(a)".

(2) In Rule 101(2) of the Principal Rules, for "section 62(8)" substitute "section 69C(3)".

(3) In Rule 101(3) of the Principal Rules, for "section 62(10)(a), 62A(1) or 64(4)" substitute "section 69D(2), 69H(2)(a) or 69M(4)".

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13 Enforcement of fine against body corporate

In Rule 102 of the Principal Rules, for "section 66(3)" substitute "section 69Y(3)".

14 Summons for warrant to seize property returned unsatisfied

(1) In Rule 103(1) and (2) of the Principal Rules, for "section 64(1)" substitute "section 69M(1)".

(2) In Rule 103(4) of the Principal Rules, for "section 64" substitute "section 69M".

15 Declaration of liability of a director for offence of body corporate

In Rule 104 of the Principal Rules, for "section 50(6)" substitute "section 55(1)".

16 Form 24 amended

In Form 24 of the Principal Rules omit all the words and expressions commencing "The amount was ordered" and ending "the case was dismissed.".

17 Form 47 amended

(1) In the heading to Form 47 of the Principal Rules, after "FINE" insert "OR TO PAY A FINE BY INSTALMENTS".

(2) In Form 47 of the Principal Rules, for "Section 55(1)" substitute "Section 57, 60 or 61".

18 Form 48 amended

In Form 48 of the Principal Rules, for "Section 55(1)" substitute "Section 65".

19 Form 48A amended

In Form 48A of the Principal Rules, for "Sections 55(1)(d) and 55(3)" substitute "Section 64".

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20 Form 49 amended

In Form 49 of the Principal Rules, for "Section 62(10)(a)" substitute "Section 69C(3)".

21 Form 50 amended

(1) In Form 50 of the Principal Rules, for "Section 62(8)" substitute "Section 69C(3)".

(2) In Form 50 of the Principal Rules, for "community-based order" substitute "fine default unpaid community work order".

22 Form 51 amended

In Form 51 of the Principal Rules, for "Section 66(3)" substitute "Section 69Y(3)".

23 Form 52 amended

In Form 52 of the Principal Rules, for "Section 62(10)(a)" substitute "Section 69D(2), 69H(2) or 69M(4)".

24 Form 53 amended

In Form 53 of the Principal Rules, for "Section 64(1)" substitute "Section 69M(1)".

Dated: 29 April 2014

P. LAURITSEN, Chief Magistrate

J. POPOVIC, Deputy Chief Magistrate

F. BROUGHTON, Deputy Chief Magistrate

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ENDNOTES

Endnotes S.R. No. 24/2014

Magistrates' Court Criminal Procedure (Amendment No. 5) Rules 2014

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1 Rule 4: S.R. No. 181/2009 as amended by S.R. Nos 18/2011, 59/2011, 123/2011, 150/2011, 118/2012, 155/2013 and 177/2013.