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STATUTES AMENDMENT (NEW RULES OF CIVIL PROCEDURE) ACT 2006 (NO 17
OF 2006)
TABLE OF PROVISIONS
Long Title
PART 1--Preliminary
1. Short title
2. Commencement
3. Amendment provisions
PART 2--Amendment of Supreme Court Act 1935
4. Amendment of section 5--Interpretation
5. Amendment of section 21--Equities of plaintiff
6. Amendment of section 22--Equitable defences
7. Amendment of section 23--Counter-claims and third parties
8. Amendment of section 39--Vexatious proceedings
9. Amendment of section 48--Jurisdiction of Full Court, single judge and master
10. Amendment of section 49--Questions of law reserved for Full Court
11. Substitution of section 50
12. Repeal of section 51
13. Amendment of section 62E--Reference of matters involving question of valuation
14. Amendment of section 72--Rules of court
15. Amendment of section 117--Orders to bring prisoners for examination
PART 3--Amendment of District Court Act 1991
16. Amendment of section 43--Right of appeal
17. Amendment of section 51--Rules of Court
PART 4--Amendment of Magistrates Court Act 1991
18. Amendment of section 40--Right of appeal
19. Amendment of section 49--Rules of Court
PART 5--Amendment of Administration and Probate Act 1919
20. Amendment of section 18--Administration guarantees may be required before administration sealed
21. Amendment of section 25--Order to produce any instrument purporting to be testamentary
22. Amendment of section 31--Administration guarantees
23. Amendment of section 39--On return of original executor or administrator, special administration to be rescinded
24. Amendment of section 47--Court may make special orders as to management of undevised lands
25. Amendment of section 56A--Court may order delivery of statement and account
26. Amendment of section 60--Filing of declaration that estate insufficient to pay debts
27. Amendment of section 63--Court may order sale of infant's property
28. Amendment of section 64--Court may give permission to postpone realisation or carry on business
29. Amendment of section 67--Judge may dispense wholly or partially with compliance with section 65
30. Amendment of section 69--Public trustee and other persons may obtain judicial advice or direction
PART 6--Amendment of Aged and Infirm Persons' Property Act 1940
31. Amendment of section 6--Procedure where case not provided for
32. Amendment of section 8A--Protection order on court's own initiative
33. Amendment of section 22--Proceedings
34. Amendment of section 24--Application to court by Public Trustee
35. Amendment of section 33--Application for order to perpetuate testimony
36. Amendment of section 34--Attendance at examination
37. Amendment of section 36--Discontinuance of proceedings
38. Amendment of section 39--Deposit of depositions and will or codicil
PART 7--Amendment of Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981
39. Amendment of section 20--Mining operations on the lands
PART 8--Amendment of ASER (Restructure) Act 1997
40. Amendment of section 25--Appointment of administrator
PART 9--Amendment of Associations Incorporation Act 1985
41. Amendment of section 41--Winding up of incorporated associations
42. Amendment of section 61--Oppressive or unreasonable acts
PART 10--Amendment of Authorised Betting Operations Act 2000
43. Amendment of section 78--Finality of Authority's decisions
44. Amendment of section 85--Reasons for decision
PART 11--Amendment of Bail Act 1985
45. Amendment of section 6--Nature of bail agreement
46. Amendment of section 15A--Review of magistrate's decision by Supreme Court
47. Amendment of section 19--Estreatment
PART 12--Amendment of Business Names Act 1996
48. Amendment of section 17--Certain convicted offenders not to use business names
49. Amendment of section 26--Power of court to require compliance with Act
PART 13--Amendment of Casino Act 1997
50. Amendment of section 66--Finality of Authority's decisions
51. Amendment of section 68--Reasons for decision
PART 14--Amendment of Child Protection Review (Powers and Immunities) Act 2002
52. Amendment of section 5--Confidentiality and disclosure of information
PART 15--Amendment of Children's Protection Act 1993
53. Amendment of section 13--Confidentiality of notification of abuse or neglect
PART 16--Amendment of Commercial Arbitration Act 1986
54. Amendment of section 3--Repeal, transitional and application provisions
55. Amendment of section 4--Interpretation
56. Amendment of section 33--Enforcement of award
57. Amendment of section 38--Judicial review of awards
58. Amendment of section 39--Determination of preliminary point of law by Supreme Court
59. Amendment of section 40--Exclusion agreements affecting rights under sections 38 and 39
60. Amendment of section 53--Relationship between judicial and arbitral powers
61. Repeal of Schedule
PART 17--Amendment of Commission of Inquiry (Children in State Care) Act 2004
62. Amendment of section 15--Further provision relating to mandatory notification
PART 18--Amendment of Community Titles Act 1996
63. Amendment of section 142--Resolution of disputes etc
64. Amendment of Schedule--Transitional provisions
PART 19--Amendment of Co-operatives Act 1997
65. Amendment of section 92--Changes to rules
66. Amendment of section 94--Bringing, or intervening in, proceedings on behalf of a co-operative
67. Amendment of section 95--Applying for and granting permission
68. Amendment of section 96--Substitution of another person for the person granted permission
69. Amendment of section 97--Effect of ratification by members
70. Amendment of section 98--Permission to continue, compromise or settle proceedings brought, or intervened in, with permission
71. Amendment of section 99--General powers of Supreme Court
72. Amendment of section 100--Power of Supreme Court to make costs order
73. Amendment of section 209--Disqualified persons
74. Amendment of section 325--Stay of proceedings
75. Amendment of section 338--Persons disqualified from administering compromise
76. Amendment of section 342--Power of Supreme Court to restrain further proceedings
77. Amendment of Schedule 3--Registration etc of charges
78. Amendment of Schedule 4--Receivers, and other controllers, of property of co-operatives
PART 20--Amendment of Correctional Services Act 1982
79. Amendment of section 45--Procedure at inquiries under this Division
PART 21--Amendment of Criminal Assets Confiscation Act 2005
80. Amendment of section 36--Application to exclude property from a restraining order after notice of the order
81. Amendment of section 40--Ancillary orders
82. Amendment of section 49--Additional application for a forfeiture order
83. Amendment of section 60--Applying for exclusion orders
84. Amendment of section 62--Applying for compensation orders
85. Amendment of section 80--Applying for orders under sections 78 and 79
86. Amendment of section 91--When the Crown can begin dealing with property specified in a forfeiture order
87. Amendment of section 92--When the Crown can begin dealing with property forfeited under section 74
88. Amendment of section 96--Additional application for a pecuniary penalty order
PART 22--Amendment of Criminal Law Consolidation Act 1935
89. Amendment of section 246--Confidentiality of jury deliberations and identities
90. Amendment of section 269Y--Appeals
91. Amendment of section 281--Objections to informations, amendments and postponement of trial
92. Amendment of section 285C--Notice of certain evidence to be given
93. Substitution of heading to Part 11
94. Substitution of section 350
95. Amendment of section 352--Right of appeal in criminal cases
96. Amendment of section 355--Revesting and restitution of property on conviction
97. Amendment of section 357--Appeal to Full Court
98. Amendment of section 361--Right of appellant to be present
99. Amendment of section 364--Admission of appellant to bail and custody when attending Court
100. Amendment of section 366--Notes of evidence on trial
101. Amendment of section 367--Powers that may be exercised by a judge of the Court
PART 23--Amendment of Criminal Law (Sentencing) Act 1988
102. Amendment of section 70I--Court may remit or reduce pecuniary sum or make substitute orders
PART 24--Amendment of Crown Proceedings Act 1992
103. Amendment of section 9--Right of Attorney-General to appear in proceedings
104. Amendment of section 14--Permission to issue certain subpoenas etc
PART 25--Amendment of Crown Rates and Taxes Recovery Act 1945
105. Amendment of section 14--Application of purchase money
PART 26--Amendment of Dental Practice Act 2001
106. Amendment of section 63--Powers of Tribunal
PART 27--Amendment of Development Act 1993
107. Amendment of section 85--Applications to Court
PART 28--Amendment of Domestic Violence Act 1994
108. Amendment of section 12--Variation or revocation of domestic violence restraining order
109. Amendment of section 16--Complaints or applications on behalf of child
PART 29--Amendment of Environment Protection Act 1993
110. Amendment of section 104--Civil remedies
PART 30--Amendment of Environment, Resources and Development Court Act 1993
111. Amendment of section 17--Parties
112. Amendment of section 30--Right of appeal
PART 31--Amendment of Evidence Act 1929
113. Amendment of section 27--How far a party may discredit his or her own witness
114. Amendment of section 34I--Evidence in sexual cases
115. Amendment of section 34K--Admissibility of depositions at trial
116. Amendment of section 60--Sufficiency of notice of action
117. Amendment of section 67F--Evidence of protected communications
118. Amendment of section 69A--Suppression orders
PART 32--Amendment of Fair Trading Act 1987
119. Amendment of section 86--Sequestration orders
120. Amendment of section 88--Defences
PART 33--Amendment of Fair Work Act 1994
121. Amendment of section 153--Intervention
122. Amendment of section 171--Service
123. Amendment of section 191--Appeal to Supreme Court
124. Amendment of section 203--Representation at voluntary or compulsory conference
125. Amendment of section 207--Right of appeal
PART 34--Amendment of Family and Community Services Act 1972
126. Amendment of section 112--Provision for blood tests
127. Amendment of section 157--Attachment may be pleaded
PART 35--Amendment of Food Act 2001
128. Amendment of section 104--Power of court to order further analysis
PART 36--Amendment of Foreign Judgments Act 1971
129. Amendment of section 7--Registration of judgment
PART 37--Amendment of Freedom of Information Act 1991
130. Amendment of section 40--Appeal to District Court
PART 38--Amendment of Guardianship and Administration Act 1993
131. Amendment of section 14--Powers and procedures of Board
132. Amendment of section 39--Powers and duties of administrator
133. Substitution of heading to
134. Substitution of heading to Part 6 Division 1
135. Amendment of section 65--Question of law may be referred to Supreme Court
136. Amendment of section 67--Appeal from decisions of Board
137. Amendment of section 70--Appeals from decisions of ADD
138. Amendment of section 71--Method of conducting appeal
139. Amendment of section 73--Representation on appeals
140. Amendment of section 74--Board may give advice, direction or approval
PART 39--Amendment of Heritage Places Act 1993
141. Amendment of section 38A--ERD Court orders
PART 40--Amendment of Housing Improvement Act 1940
142. Amendment of section 71--Dispossession of occupiers failing to vacate premises when required to do so
PART 41--Amendment of Juries Act 1927
143. Amendment of section 60A--Jury may consist of men or women only
PART 42--Amendment of Jurisdiction of Courts (Cross-vesting) Act 1987
144. Amendment of section 5--Transfer of proceedings
145. Amendment of section 8--Orders by Supreme Court
146. Amendment of section 10--Transfer of matters arising under Division 1 or 1A of Part V of Trade Practices Act (Commonwealth)
PART 43--Amendment of Landlord and Tenant Act 1936
147. Amendment of section 9--Relief against forfeiture for non-payment of rent
148. Amendment of section 21--Duty of landlord after being served with declaration
149. Amendment of section 32--Distress may be secured and sold on premises
150. Amendment of section 37--Double damages against wrongful distrainer
151. Amendment of section 39--Damages or pound breach or rescue
PART 44--Amendment of Law of Property Act 1936
152. Amendment of section 49--Conveyance on sale
153. Amendment of section 66--Right of recovering apportioned parts
154. Amendment of section 114--Power of Court to sell interest of Crown in real estate
PART 45--Amendment of Legal Practitioners Act 1981
155. Amendment of section 84--Powers of Tribunal
156. Amendment of section 89A--Court may order interim suspension of legal practitioner or impose interim conditions
157. Amendment of section 93--Power of Court to strike off notary's name
PART 46--Amendment of Liquor Licensing Act 1997
158. Amendment of section 20--Representation
159. Amendment of section 25--Representation
160. Amendment of section 27--Appeal from orders and decisions of the Court
161. Amendment of section 28--Reference of question of law
PART 47--Amendment of Local Government (Elections) Act 1999
162. Substitution of section 77
PART 48--Amendment of Lottery and Gaming Act 1936
163. Amendment of section 92--Receiving money for betting
PART 49--Amendment of Maralinga Tjarutja Land Rights Act 1984
164. Amendment of section 21--Mining operations on the lands
PART 50--Amendment of Medical Practice Act 2004
165. Amendment of section 60--Powers of Tribunal
PART 51--Amendment of Mines and Works Inspection Act 1920
166. Repeal of sections 25 and 26
PART 52--Amendment of Mining Act 1971
167. Amendment of section 63N--What happens when there are no registered native title parties with whom to negotiate
168. Amendment of section 63O--Expedited procedure where impact of operations is minimal
169. Amendment of section 67--Jurisdiction relating to tenements and monetary claims
170. Amendment of section 73A--Lodging of caveats
PART 53--Amendment of Native Vegetation Act 1991
171. Amendment of section 31A--Application to ERD Court for enforcement
PART 54--Amendment of Natural Resources Management Act 2004
172. Amendment of section 201--Orders made by ERD Court
PART 55--Amendment of Nurses Act 1999
173. Amendment of section 18--Proceedings before Board etc
PART 56--Amendment of Occupational Health, Safety and Welfare Act 1986
174. Amendment of section 49--Appeals
175. Amendment of section 58--Offences
176. Amendment of section 69--Regulations
PART 57--Amendment of Opal Mining Act 1995
177. Amendment of section 26--Caveats
178. Amendment of section 56--What happens when there are no registered native title parties with whom to negotiate
179. Amendment of section 57--Expedited procedure where impact of operations is minimal
180. Amendment of section 72--Jurisdiction relating to tenements and monetary claims
181. Amendment of section 75--Forfeiture of tenement
PART 58--Amendment of Optometrists Act 1920
182. Repeal of sections 42 to 44
PART 59--Amendment of Partnership Act 1891
183. Amendment of section 74--Certain convicted offenders not to carry on business as general partners
PART 60--Amendment of Police (Complaints and Disciplinary Proceedings) Act 1985
184. Amendment of section 40--Proceedings before the Tribunal
185. Amendment of section 43--Reference of question of law
PART 61--Amendment of Powers of Attorney and Agency Act 1984
186. Amendment of section 9--Donee may not renounce power during incapacity of donor except with permission of Supreme Court
PART 62--Amendment of Public Trustee Act 1995
187. Amendment of section 9--Administration of deceased estate
188. Amendment of section 14--Appointment as executor or trustee
189. Amendment of section 32--Public Trustee's duties with respect to unclaimed money or land
190. Amendment of section 34--Appointment as manager of unclaimed property
191. Amendment of section 37--Public Trustee may apply to Court for directions
PART 63--Amendment of Racing (Proprietary Business Licensing) Act 2000
192. Amendment of section 43--Finality of Authority's decisions
193. Amendment of section 47--Reasons for decision
PART 64--Amendment of Real Property Act 1886
194. Amendment of section 3--Interpretation
195. Amendment of section 24--Registrar-General not to be liable for acts done bona fide
196. Amendment of section 45--Lapse of caveat
197. Amendment of section 80F--Caveats
198. Amendment of section 181--Proceedings when executor etc refuse to transfer
199. Amendment of section 191--Caveats
200. Substitution of section 223
201. Repeal of sections 224 and 225
202. Amendment of section 260--Valuable consideration may be proved by prior instruments
203. Repeal of Schedule 21
PART 65--Amendment of Recreational Greenways Act 2000
204. Amendment of section 19--Enforcement of agreement
PART 66--Amendment of Renmark Irrigation Trust Act 1936
205. Amendment of section 105--Power of sale
206. Amendment of section 107--Properties comprised in different assessments may be included in one application
207. Amendment of section 111--Application of proceeds
208. Amendment of section 114--Power to lease property for arrears of rates
209. Amendment of section 162--No action against candidate for costs or expenses of election
210. Amendment of section 168--Incomplete works
211. Amendment of section 212--Actions against members
212. Substitution of Schedule 9
PART 67--Amendment of Royal Commissions Act 1917
213. Repeal of sections 26 and 27
PART 68--Amendment of Settled Estates Act 1880
214. Amendment of section 22--Application to exercise powers conferred by Act
215. Amendment of section 28--Application may be granted without consent, saving rights of non-consenting parties
216. Amendment of section 30--Notice of application to be given in newspapers if Court directs
217. Amendment of section 34--Payment and application of money arising from sales, or set aside out of rent, etc, reserved on mining leases
218. Amendment of section 35--Trustees may apply money in certain cases without application to Court
219. Amendment of section 37--Court may direct application of money in respect of leases or reversions as may appear just
PART 69--Amendment of Sewerage Act 1929
220. Amendment of section 94--Lands may be sold when rates etc in arrear
221. Amendment of section 105--Tender of amends
PART 70--Amendment of South Australian Co-operative and Community Housing Act 1991
222. Amendment of section 74--Winding up
PART 71--Amendment of Strata Titles Act 1988
223. Amendment of section 41A--Resolution of disputes etc
224. Amendment of Schedule 2--Transitional provisions
PART 72--Amendment of Summary Offences Act 1953
225. Amendment of section 33--Indecent or offensive material
226. Amendment of section 74BB--Fortification removal order
PART 73--Amendment of Summary Procedure Act 1921
227. Amendment of section 57--Issue of summons
228. Amendment of section 62--Proceedings on non-appearance of defendant
229. Amendment of section 62A--Power to proceed in absence of defendant
230. Amendment of section 62BA--Proceedings where defendant neither appears nor returns written plea of guilty
231. Amendment of section 62C--Proceedings in absence of defendant
232. Amendment of section 99F--Variation or revocation of restraining order
233. Amendment of section 99J--Complaints or applications by or on behalf of child
234. Amendment of section 106--Taking of evidence at preliminary examination
PART 74--Amendment of Supported Residential Facilities Act 1992
235. Amendment of section 20--Associated provisions relating to exercise of jurisdiction by Court
PART 75--Amendment of Trade Standards Act 1979
236. Amendment of section 37--Defences
PART 76--Amendment of Trustee Act 1936
237. Amendment of section 25B--Power of Court to authorise alterations and repairs
238. Amendment of section 29--Distribution of estate after notice by representative or trustee
239. Amendment of section 49--Power for Court to authorise purchase of trust property by trustee
240. Amendment of section 60--Applications to Supreme Court
241. Substitution of sections 61 and 62
242. Amendment of section 63--Evidence may be brought by affidavit or otherwise
243. Amendment of section 64--Service of application and copy of affidavit
244. Amendment of section 65--Attorney-General may address court at hearing
245. Amendment of section 66--Person may address court with permission of Judge
246. Amendment of section 67--Powers of court in dealing with application
247. Amendment of section 68--Court may order costs
248. Amendment of section 84C--Appointment of inspector
249. Amendment of section 85--Commission concerning person of unsound mind
250. Amendment of section 90--Parties entitled may apply to Court by summons
251. Amendment of section 92--Power to make order in action or matter
PART 77--Amendment of Unauthorised Documents Act 1916
252. Repeal of sections 9 to 11
PART 78--Amendment of Upper South East Dryland Salinity and Flood Management Act 2002
253. Amendment of section 29--Civil remedies
254. Amendment of section 30--Interim restraining orders to prevent environmental harm
PART 79--Amendment of Waterworks Act 1932
255. Amendment of section 59--Waste material from gasworks
256. Amendment of section 98--Power to sell land
PART 80--Amendment of Wills Act 1936
257. Amendment of section 7--Will of person lacking testamentary capacity pursuant to permission of court
PART 81--Amendment of Workers Rehabilitation and Compensation Act 1986
258. Substitution of heading to Part 6 Division 10
259. Amendment of section 86A--Reference of question of law
260. Amendment of section 95--Costs
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