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Supreme Court Rules (Amendment No 377) 2003
Supreme Court Rules (Amendment No 377) 2003
under the
Supreme Court Act 1970
The Supreme Court Rule Committee made the following rules of court under the
Supreme Court Act 1970 on 18 August 2003.
Steven Jupp
Secretary of the Rule Committee
Explanatory note
The object of these Rules is to make amendments consequential on the commencement
of the Criminal Procedure Amendment (Justices and Local Courts) Act 2001,the
Justices Legislation Repeal and Amendment Act 2001 and the Crimes (Local Courts
Appeal and Review) Act 2001. Those Acts, among other things, repeal the Justices Act
1902 and re-enact its provisions in the Criminal Procedure Act 1986,theLocal Courts
Act 1982 and the Crimes (Local Courts Appeal and Review) Act 2001.
The amendments update references to renumbered, repealed and re-enacted provisions
and also replace outdated references to justices, courts of petty sessions and the clerk of
a Local Court.
The amendments also repeal an unincorporable amendment made by the Supreme Court
Rules (Amendment No 376) 2003 and make the appropriate incorporable amendment.
Supreme Court Rules (Amendment No 377) 2003
under the
Supreme Court Act 1970
1 Name of Rules
These Rules are the Supreme Court Rules (Amendment No 377)
2003.
2 Amendment of Supreme Court Rules 1970
The Supreme Court Rules 1970 are amended as set out in
Schedule 1.
3 Amendment of Supreme Court Rules (Amendment No 376) 2003
The Supreme Court Rules (Amendment No 376) 2003 are amended
by omitting Schedule 1 [12].
Schedule 1 Amendments
(Clause 2)
[1] Part 9, rule 7A Service on Magistrates
Omit “justice” wherever occurring in rule 7A (1) and (2).
Insert instead “Magistrate”.
[2] Part 9, rule 7A (1) and (1A)
Omit “clerk” wherever occurring. Insert instead “registrar”.
[3] Part 9,rule7A (3)
Omit the subrule. Insert instead:
(3) In this rule, Magistrate includes a licensing magistrate under
the Liquor Act 1982, a children’s magistrate, a mining warden
and an industrial magistrate.
[4] Part 12, rule 4 (1) (s)
Omit “Part 6”. Insert instead “Part 2 of Chapter 7”.
[5] Part 14D, rule 1 (c) (iii)
Omit “, justice of the peace”.
[6] Part 32, Division 3
Omit the Division.
[7] Part 51, rule 2 (1)
Omit “justice” from the definition of court below.
Insert instead “Magistrate”.
[8] Part 51AA, rule 1 (1)
Omit “justice” from the definition of court below.
Insert instead “Magistrate”.
[9] Part 51AA, rule 20 (2) (a)
Omit “justice”. Insert instead “Magistrate”.
[10] Part 51AA, rule 32
Insert “(as in force at the relevant time before 1 September 1997)” after
“Part 5 rule 4A” in rule 32 (1).
[11] Part 51A, rule 1 (c)
Omit “Division 1 or Division 2 or Part 5 of the Justices Act 1902”.
Insert instead “Part 5 of the Crimes (Local Courts Appeal and Review) Act
2001”.
[12] Part 51B, heading
Omit “Justices Act 1902”.
Insert instead “Crimes (Local Courts Appeal and Review) Act 2001”.
[13] Part 51B, rule 1
Omit the rule. Insert instead:
1 Application
This Part applies to an appeal to the Court under Part 5 of the
Crimes (Local Courts Appeal and Review) Act 2001.
[14] Part 51B, rules 5 (3A) and 6 (1A)
Omit “Part 4A” wherever occurring. Insert instead “Part 2”.
[15] Part 54, Division 4
Omit the Division.
[16] Part 55, rule 11 (3) (b)
Omit rule 11 (3) (b).
[17] Part 55, rule 11 (3) (c)
Omit “court” wherever occurring. Insert instead “Local Court”.
[18] Part 55, rule 11 (3) (c)
Omit “section 152A of the Justices Act 1902”.
Insert instead “section 27B of the Local Courts Act 1982”.
[19] Part 75, rule 3 (c)
Omit “section 13”. Insert instead “section 30”.
[20] Part 75, rule 3H, Election under s132 of Criminal Procedure Act
1986
Omit “section 16 (1) or section 16 (5)” from rule 3H (1).
Insert instead “section 132 (1) or (5)”.
[21] Part 75, rule 4
Omit “Supreme Court (Summary Jurisdiction) Act 1967”.
Insert instead “Part 5 of Chapter 4 of the Criminal Procedure Act 1986”.
[22] Part 75, rules 7, 9, 11B (1) and 13
Omit “section 4” wherever occurring. Insert instead “section 246”.
[23] Part 75, rule 9 (2)
Omit “section 10 (b)”. Insert instead “section 250 (b)”.
[24] Part 75, rule 11 (2)
Omit “section 9 (1), section 9 (2) or section 11 (1)”.
Insert instead “section 249 (1) or 251”.
[25] Part 75, rule 11 (3)
Omit “section 10 (a)”. Insert instead “section 250 (a)”.
[26] Part 75, rule 12
Omit the rule.
[27] Part 75, rule 13 (1)
Omit “court of petty sessions is notified under section 28A”.
Insert instead “Local Court is notified under section 255”.
[28] Part 75, rule 13 (1)
Omit “justice at the court of petty sessions”.
Insert instead “Magistrate or an authorised officer within the meaning of
the Criminal Procedure Act 1986 at the Local Court”.
[29] Part 75, rule 13 (2)
Omit “court of petty sessions”. Insert instead “Local Court”.
[30] Part 78, rule 4A
Omit “clerk of petty sessions (who is not a police officer)”.
Insert instead “registrar of a Local Court”.
[31] Part 78, rule 4A
Omit “Court of Petty Sessions”. Insert instead “Local Court”.
[32] Schedule F, Form 1
Omit “Division 1 of Part 5 of the Justices Act 1902 (which Division relates
to stated cases)”.
Insert instead “Part 5 of the Crimes (Local Courts Appeal and Review) Act
2001”.
[33] Schedule F, Forms 41A and 41B
Omit the forms.
[34] Schedule F, Form 74AE
Omit “ss. 10 and 51”. Insert instead “ss. 8 and 9”.
[35] Schedule F, Form 74AE
Omit “s 50”. Insert instead “s 126”.
[36] Schedule F, Form 74AJ
Omit “s. 16 (1)”. Insert instead “s. 132 (1)”.
[37] Schedule F, Form 74AK
Omit “s. 16 (5)”. Insert instead “s. 132 (5)”.
[38] Schedule F, Form 74A
Omit “Supreme Court (Summary Jurisdiction) Act 1967”.
Insert instead “Part 5 of Chapter 4 of the Criminal Procedure Act 1986”.
[39] Schedule F, Form 74B
Omit “section 4 (1) (a) of the Supreme Court (Summary Jurisdiction) Act
1967”.
Insert instead “section 246 (1) (a) of the Criminal Procedure Act 1986.
[40] Schedule F, Form 74C
Omit “section 4 (1) (b) of the Supreme Court (Summary Jurisdiction) Act
1967”.
Insert instead “section 246 (1) (b) of the Criminal Procedure Act 1986”.
[41] Schedule F, Form 74C
Omit “section 4 (4) (b) of the Supreme Court (Summary Jurisdiction) Act
1967”.
Insert instead “section 246 (4) of the Criminal Procedure Act 1986”.
[42] Schedule F, Index of Forms
Omit the matter relating to Forms 41A and 41B.
[43] Schedule F, Index of Forms
Omit “s 32 (1)” from the matter relating to Form 74AJ.
Insert instead “s 132 (1)”.
[44] Schedule F, Index of Forms
Omit “s 32 (5)” from the matter relating to Form 74AK.
Insert instead “s 132 (5)”.
[45] Schedule F, Index of Forms
Omit “Supreme Court (Summary Jurisdiction) Act 1967” from the matter
relating to Form 74A.
Insert instead “Part 5 of Chapter 4 of the Criminal Procedure Act 1986”.
[46] Schedule F, Index of Forms
Omit “s 4 (1) (a), Supreme Court (Summary Jurisdiction) Act 1967” from
the matter relating to Form 74B.
Insert instead “s 246 (1) (a), Criminal Procedure Act 1986”.
[47] Schedule F, Index of Forms
Omit “s 4 (1) (b), Supreme Court (Summary Jurisdiction) Act 1967” from
the matter relating to Form 74C.
Insert instead “s 246 (1) (b), Criminal Procedure Act 1986”.
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