Justices Amendment Rules 2009
The Magistrates Rule Committee, in the exercise of its powers under section 15AE of the Magistrates Court Act 1987 , makes the following rules of court for courts of summary jurisdiction exercising jurisdiction under the Justices Act 1959 .
These rules of court may be cited as the Justices Amendment Rules 2009 .
These rules of court take effect on the day on which their making is notified in the Gazette.
In these rules of court, the Justices Rules 2003 are referred to as the Principal Rules.
4. Rule 6 amended (Form and making of complaint)
Rule 6 of the Principal Rules is amended by omitting subrule (3) and substituting the following subrule:(3) Despite subrule (2) , a complaint made by a public officer does not need to be sworn before a justice.
5. Rule 54T substituted
Rule 54T of the Principal Rules is rescinded and the following is substituted:The court, when constituted by one or more justices (one of whom is not a magistrate), may exercise only the following jurisdiction under the Family Violence Act 2004 :(a) the granting or refusal of bail under section 12 of that Act;(b) the making, variation, extension or revocation of an interim FVO under section 23 of that Act;(c) the revocation (but not the making, variation or extension) of an FVO under section 20 of that Act.
These rules of court were made by the Magistrates Rule Committee at a meeting held on 25 June 2009.
A. G. SHOTT
Chief Magistrate
M. R. HILL
Deputy Chief Magistrate
S. F. MOLLARD
Member
M. RAPLEY
Member
M. F. DALY
Member
W. M. GRIFFITHS
Member
G. A. HAY
Member
P. F. DIXON
Member
C. P. WEBSTER
Member
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 8 July 2009
These rules are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the rule)
These rules of court amend the Justices Rules 2003 by –(a) empowering justices (who are not magistrates) to revoke family violence orders when exercising jurisdiction under the Family Violence Act 2004 ; and(b) removing from rule 6 a provision that is inconsistent with the Justices Act 1959 .