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SUPREME COURT (CRIMINAL PROCEDURE) RULES 2017 - NOTES

Version No. 006

S.R. No. 126/2017
Version incorporating amendments as at
25 March 2019

Rule Page

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Version No. 006

Supreme Court (Criminal Procedure) Rules 2017

S.R. No. 126/2017

Version incorporating amendments as at
25 March 2019

The Judges of the Supreme Court make the following Rules:

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Supreme Court (Criminal Procedure) Rules 2017, S.R. No. 126/2017 were made on 28 November 2017 by the Judges of the Supreme Court under section 25 of the Supreme Court Act 1986, the Crimes Act 1958, section 69ZF of the Sentencing Act 1991, the Criminal Procedure Act 2009, section 50 of the Interpretation of Legislation Act 1984 and all other enabling powers and came into operation on 1 January 2018: regulation 1.03(1).

The Supreme Court (Criminal Procedure) Rules 2017 will sunset 10 years after the day of making on 28 November 2027 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Supreme Court (Criminal Procedure) Rules 2017 by statutory rules, subordinate instruments and Acts.

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Supreme Court (Appeals to the Trial Division, Judicial Review and Further Powers of Judicial Registrars Amendment) Rules 2018, S.R. No. 32/2018

Date of Making:

22.3.18

Date of Commencement:

Rules 25–35 on 1.5.18: rule 3

Supreme Court (Chapters I and VI Miscellaneous Amendments) Rules 2018, S.R. No. 33/2018

Date of Making:

22.3.18

Date of Commencement:

Rule 6 on 26.3.18: rule 3

Supreme Court (Chapter VI Serious Offenders Amendment) Rules 2018, S.R. No. 133/2018

Date of Making:

12.9.18

Date of Commencement:

24.9.18: rule 3

Supreme Court (Chapters I, IV and VI Further Amendment) Rules 2018, S.R. No. 168/2018

Date of Making:

17.10.18

Date of Commencement:

Rules 10, 11 on 22.10.18: rule 3

Supreme Court (E-filing in Criminal Proceedings and Other Matters Amendment) Rules 2019, S.R. No. 21/2019

Date of Making:

21.3.19

Date of Commencement:

Rules 4–10 on 25.3.19: rule 3

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    3     Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

    4     Explanatory details

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2018 is $161.19.

The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.



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