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Supreme Court Rules (Amendment No 391) 2004


Date:
05/17/2004



    Supreme Court Rules (Amendment No 391) 2004
    under the
    Supreme Court Act 1970

    The Supreme Court Rule Committee made the following rules of court under the
    Supreme Court Act 1970 on 17 May 2004.

    Steven Jupp
    Secretary of the Rule Committee

    Explanatory note
    The Disorderly Houses Amendment (Commercial Supply of Prohibited Drugs) Act 2002
    changed the name of the Disorderly Houses Act 1943 to the Restricted Premises
    Act 1943, and made other changes to that Act. The object of these Rules is to update the
    Supreme Court Rules to reflect these changes.

    1 Name of Rules
    These Rules are the Supreme Court Rules (Amendment No 391)
    2004.

    2 Amendment of Supreme Court Rules 1970
    The Supreme Court Rules 1970 are amended as set out in
    Schedule 1.

    Schedule 1 Amendments
    (Rule 2)

    [1] Part 77, Division 28
    Omit “Disorderly Houses Act 1943” from the heading to the Division.
    Insert instead “Restricted Premises Act 1943”.

    [2] Part 77, rule 89
    Omit “Disorderly Houses Act 1943”.
    Insert instead “Restricted Premises Act 1943”.

    [3] Part 77, rule 91
    Omit the rule. Insert instead:
    91 Forms
    (1) A minute of order under section 3 (1) of the subject Act may
    be in Form 89H.
    (2) A minute of order under section 4 (1) or 14 (3) of the subject
    Act may be in Form 89I.
    (3) A notice under section 5 (1) of the subject Act may be in
    Form 89J or 89K, as appropriate.

    [4] Schedule F
    Omit “Disorderly Houses Act 1943” wherever occurring from Form 89H.
    Insert instead “Restricted Premises Act 1943”.

    [5] Schedule F, Form 89H
    Omit “a disorderly house”.
    Insert instead “premises to which Part 2 (Disorderly houses) of that Act
    applies”.

    [6] Schedule F, Form 89I
    Omit “Disorderly Houses Act 1943” wherever occurring.
    Insert instead “Restricted Premises Act 1943”.

    [7] Schedule F, Form 89J
    Omit “Disorderly Houses Act 1943”.
    Insert instead “Restricted Premises Act 1943”.

    [8] Schedule F, Form 89J
    Omit “a disorderly house”.
    Insert instead “premises to which Part 2 (Disorderly houses) of that Act
    applies”.

    [9] Schedule F, Form 89K
    Omit “Disorderly Houses Act 1943” wherever occurring.
    Insert instead “Restricted Premises Act 1943”.

    [10] Schedule F, Form 89K
    Omit “a disorderly house”.
    Insert instead “premises to which Part 2 (Disorderly houses) of that Act
    applies”.

    [11] Schedule F, Index of Forms
    Omit the matter relating to Forms 89H–89K. Insert instead:
    89H Order under s 3 (1) of the Restricted Premises Act 1943 (P 77, r 91)
    89I Order under s 4 (1) or 14 (3) of the Restricted Premises Act 1943 (P 77, r 91)
    89J Notice of declaration under s 5 (1) of the Restricted Premises Act 1943
    (P 77, r 91)
    89K Notice of rescission under s 5 (1) of the Restricted Premises Act 1943 (P 77,
    r 91)


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