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COURT PROCEDURES (CONSEQUENTIAL AMENDMENTS) BILL 2004
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Court
Procedures (Consequential Amendments) Bill 2004
Contents
Page
Part
1.1 Administration and Probate Act
1929 4
Part
1.2 Administrative Appeals Tribunal Act
1989 4
Part
1.3 Administrative Decisions (Judicial Review)
Act 1989 6
Part 1.4 Arrest on
Mesne Process Act 1902 7
Part 1.5 Bail Act
1992 8
Part 1.6 Children
and Young People Act 1999 8
Part
1.7 Chiropractors and Osteopaths Act
1983 12
Part 1.8 Civil Law
(Wrongs) Act 2002 12
Part 1.9 Commercial
Arbitration Act 1986 13
Part 1.10 Common
Boundaries Act 1981 14
Part 1.11 Community
and Health Services Complaints Act 1993 21
Part
1.12 Confiscation of Criminal Assets Act
2003 21
Part 1.13 Consumer
and Trader Tribunal Act 2003 22
Part 1.14 Consumer
Credit (Administration) Act 1996 22
Part 1.15 Coroners
Act 1997 24
Part 1.16 Court
Security Act 2001 28
Part 1.17 Crimes Act
1900 29
Part 1.18 Crimes
(Forensic Procedures) Act 2000 31
Part 1.19 Crown
Proceedings Act 1992 31
Part 1.20 Dental
Technicians and Dental Prosthetists Registration Act
1988 36
Part 1.21 Dentists
Act 1931 36
Part
1.22 Discrimination Act
1991 37
Part 1.23 Domestic
Relationships Act 1994 39
Part 1.24 Earnings
(Assignment and Attachment) Act 1966 39
Part 1.25 Electoral
Act 1992 40
Part 1.26 Evidence
Act 1971 40
Part 1.27 Government
Procurement Act 2001 41
Part
1.28 Guardianship and Management of Property
Act 1991 41
Part 1.29 Health
Professions Boards (Procedures) Act 1981 41
Part 1.30 Health
Records (Privacy and Access) Act 1997 42
Part 1.31 Judgment
Creditors Remedies Act 1901 42
Part 1.32 Judiciary
(Stay of Proceedings) Act 1933 43
Part 1.33 Juries Act
1967 44
Part 1.34 Leases
(Commercial and Retail) Act 2001 44
Part 1.35 Legal Aid
Act 1977 46
Part 1.36 Legal
Practitioners Act 1970 47
Part
1.37 Legislation Act
2001 47
Part 1.38 Liquor Act
1975 48
Part 1.39 Litter Act
1977 49
Part
1.40 Magistrates Court Act
1930 49
Part
1.41 Magistrates Court (Agents Infringement
Notices) Regulations 2003 117
Part
1.42 Magistrates Court (Charitable Collections
Infringement Notices) Regulations 2003 118
Part
1.43 Magistrates Court (Fisheries Infringement
Notices) Regulations 2004 119
Part
1.44 Magistrates Court (Hawkers Infringement
Notices) Regulations 2003 120
Part
1.45 Magistrates Court (Lakes Infringement
Notices) Regulations 2004 121
Part
1.46 Magistrates Court (Land Planning and
Environment Infringement Notices) Regulations 2003 122
Part
1.47 Magistrates Court (Security Industry
Infringement Notices) Regulations 2003 123
Part
1.48 Magistrates Court (Trade Measurement
Infringement Notices) Regulations 2002 124
Part
1.49 Magistrates Court (Utilities Infringement
Notices) Regulations 2002 125
Part
1.50 Magistrates Court Rules
1932 126
Part
1.51 Magistrates Court (Civil Jurisdiction) Act
1982 129
Part
1.52 Magistrates Court (Civil Jurisdiction)
Regulations 1987 153
Part 1.53 Married
Persons Property Act 1986 153
Part 1.54 Medical
Practitioners Act 1930 153
Part 1.55 Mental
Health (Treatment and Care) Act 1994 153
Part 1.56 Nurses Act
1988 153
Part 1.57 Oaths and
Affirmations Act 1984 153
Part
1.58 Optometrists Act
1956 153
Part
1.59 Physiotherapists Act
1977 153
Part
1.60 Podiatrists Act
1994 153
Part 1.61 Protection
Orders Act 2001 153
Part 1.62 Protection
Orders Regulations 2002 153
Part
1.63 Psychologists Act
1994 153
Part 1.64 Remand
Centres Act 1976 153
Part
1.65 Residential Tenancies Act
1997 153
Part 1.66 Road
Transport (Driver Licensing) Act 1999 153
Part 1.67 Road
Transport (General) Act 1999 153
Part 1.68 Set-off of
Debts Act 1728 153
Part 1.69 Set-off of
Debts Act 1735 153
Part 1.70 Supreme
Court Act 1933 153
Part 1.71 Supreme
Court Rules 153
Part 1.72 Utilities
Act 2000 153
Part 1.73 Victims of
Crime (Financial Assistance) Act 1983 153
Part 1.74 Workers
Compensation Act 1951 153
Part 1.75 Workers
Compensation Regulations 2002 153
Part 1.76 Workers
Compensation Rules 2002 153
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Court Procedures
(Consequential Amendments) Bill 2004
A Bill for
An Act to amend various legislation because of the enactment of the
Court Procedures Act 2004, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Court Procedures (Consequential Amendments) Act
2004.
This Act commences on the commencement of the Court Procedures Act
2004.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
3 Legislation
amended—sch 1
This Act amends the legislation mentioned in schedule 1.
This Act repeals the following legislation:
• Arrest on Mesne Process Act 1902 A1902-24
• Court Security Act 2001 A2001-47
• Crown Proceedings Act 1992 A1992-60
• Crown Proceedings Regulations 1993 SL1993-6
• Earnings (Assignment and Attachment) Act 1966
A1966-7
• Evidence by Commission Act 1859 22 Vic c 20
• Evidence by Commission Act 1885 48 and 49 Vic c 74
• Foreign Tribunals Evidence Act 1856 19 and 20 Vic c
113
• Judgment Creditors Remedies Act 1901 A1901-8
• Judiciary (Stay of Proceedings) Act 1933 A1933-36
• Magistrates Court (Civil Jurisdiction) Act 1982
A1982-54
• Magistrates Court (Civil Jurisdiction) Regulations 1987
SL1987-16
• Magistrates Court (Civil Jurisdiction) (Solicitors’ Costs)
Regulations 1982 SL1982-31
• Set-off of Debts Act 1728 2 Geo 2 c 22
• Set-off of Debts Act 1735 8 Geo 2 c 24.
Schedule
1 Consequential
amendments
(see s 3)
Part
1.1 Administration and Probate Act
1929
[1.1] Section
5 (1), definition of rules
substitute
rules mean rules under the Court Procedures Act 2004
that apply in relation to the court.
omit
, on payment of the fee (if any) determined under the Supreme Court Act
1933, section 37 (1)
Part
1.2 Administrative Appeals Tribunal
Act 1989
[1.3] Section
27 (1), note
substitute
Note A fee may be determined under the Court Procedures Act
2004 for this provision.
substitute
46 Appeals from tribunal
decisions
(1) A party to a tribunal proceeding may, with the Supreme Court’s
leave, appeal to the court on a question of law from a decision of the tribunal
in the proceeding.
(2) An appeal by a person under subsection (1) must be begun
within—
(a) 28 days after the day a document setting out the tribunal’s
decision is given to the person; or
(b) if the person has asked for a written statement of reasons under
section 44 (4)—28 days after the day the statement is given to the person;
or
(c) any further time the Supreme Court allows (whether on, before or after
a day mentioned in paragraph (a) or (b)).
(3) The Supreme Court must decide the appeal, and may make any of the
following orders:
(a) an order confirming or setting aside the decision of the
tribunal;
(b) an order remitting the case to be heard and decided again, either with
or without the hearing of further evidence, by the tribunal in accordance with
the court’s directions;
(c) an order for costs.
(4) The Supreme Court may also make any other order the court considers
appropriate.
(5) This section applies in relation to a decision of the tribunal made on
or after the day this section commences.
(6) Subsection (5) and this subsection expire 1 year after the day this
section commences.
substitute
48 Referral of questions of law to Supreme
Court
(1) If the tribunal considers that a question of law raises an issue of
public importance, the tribunal may refer the question to the Supreme
Court.
(2) The tribunal may act under subsection (1) on its own initiative or on
application by a party.
substitute
(5) Costs are payable in accordance with the scale of costs in the rules
under the Court Procedures Act 2004 applying in relation to the Supreme
Court.
Part
1.3 Administrative Decisions (Judicial
Review) Act 1989
[1.7] Section
3, definition of rules of court
omit
[1.8] Section
10 (1) (a), (2), (7) and (8)
omit
renumber subsections and paragraphs when Act next republished under
Legislation Act
Part
1.4 Arrest on Mesne Process Act
1902
omit
this Act
substitute
div 6.1
omit
in this Act
substitute
in this division
[1.12] Section
4 (as amended) and section 5
relocate to Court Procedures Act 2004, division 7.2 as sections 63 and
64
omit
(1)
omit
[1.15] Section
6 (as amended), sections 7 to 10 and 11 to 14
relocate to Court Procedures Act 2004, division 7.2 as sections 65 to
73
omit
division 9.2
substitute
division 3.9.2
Part
1.6 Children and Young People Act
1999
substitute
56 Procedure of Childrens Court
(1) The Magistrates Court Act 1930 (other than chapter 4 (Civil
proceedings)) applies to the Childrens Court in the exercise of its
jurisdiction under section 54 (General jurisdiction of the Childrens Court) in
relation to a proceeding under chapter 6 (Young offenders), other than section
128 (Special purpose leave).
(2) The rules under the Court Procedures Act 2004 applying in
relation to civil proceedings in the Magistrates Court apply to the Childrens
Court in the exercise of its jurisdiction under section 54 in relation to any
other proceeding under this Act.
omit
[1.19] Section
63, definition of fine
substitute
fine—see the Magistrates Court Act 1930, section
146.
[1.20] Section
63, definition of outstanding fine
substitute
outstanding fine—see the Magistrates Court Act
1930, section 146.
[1.21] Section
102 (4) (a)
omit
division 9.2
substitute
division 3.9.2
substitute
276 Material to accompany
applications
An application under this part must be accompanied by the
following:
(a) a written statement of the substance of the oral evidence that the
applicant intends to present at the hearing of the application;
(b) a written copy of any document or expert report that the applicant
intends to rely on at the hearing of the application.
substitute
(2) The draft order must be signed by—
(a) each party to the application; and
(b) each person who will be required to comply with the order or who will
be directly affected by the order.
substitute
(2) A proceeding for judicial review must be brought in accordance with
the relevant rules of court.
substitute
(3) An appeal under subsection (1) must be brought in accordance with the
relevant rules of court.
substitute
(3) An appeal under subsection (1) must be brought in accordance with the
relevant rules of court.
substitute
(5) This chapter does not limit the Magistrates Court Act 1930,
part 3.10 (Criminal appeals) or another Territory law that makes provision
about the appellate jurisdiction of the Supreme Court.
substitute
381 Application of Magistrates Court Act
etc
(1) The provisions of the Magistrates Court Act 1930, division
3.10.2 (Appeals in criminal matters), other than section 219 (Barring right of
appeal under div 3.10.2 if order to review granted) apply in relation to an
appeal mentioned in section 380 (1) (a) or (b) as if—
(a) the appeal were an appeal to which that division applied;
and
(b) the appeal were an appeal to which that Act, section 214 (Appeals in
cases other than civil cases) applied; and
(c) a reference in that division to the Magistrates Court were a reference
to the Childrens Court; and
(d) all other necessary changes, and any changes prescribed under the
regulations, were made.
(2) The provisions of the Magistrates Court Act 1930, part 4.5
(Civil appeals) apply in relation to an appeal mentioned in section 380 (1) (c)
or (2) as if—
(a) it were an appeal from a judgment or order mentioned in that Act,
section 274 (2) ; and
(b) all other necessary changes, and any changes prescribed under the
regulations, were made.
(3) The provisions of the Magistrates Court Act 1930 division
3.10.3 (Orders to review in criminal matters) apply in relation to an appeal
mentioned in section 380 (1) (d), (e), (f), (g) or (h) as if—
(a) it were an appeal from—
(i) for an appeal mentioned in section 380 (1) (d)—an order
mentioned in that Act, section 219 B (1) (a); or
(ii) for an appeal mentioned in section 380 (1) (e)—an
order mentioned in that Act, section 219B (1) (c); or
(iii) for an appeal mentioned in section 380 (1) (f)—a
decision mentioned in that Act, section 219B (1) (e); or
(iv) for an appeal mentioned in section 380 (1) (g)—a
decision mentioned in that Act, section 219B (1) (d); or
(v) for an appeal mentioned in section 380 (1) (h)—a
decision mentioned in that Act, section 219B (1) (f).
(b) all other necessary changes, and any changes prescribed under the
regulations, were made.
omit
division 11.3 (Orders to review)
substitute
division 3.10.3 (Orders to review in criminal matters)
Part
1.7 Chiropractors and Osteopaths Act
1983
omit
Arrest on Mesne Process Act 1902, part 2
substitute
Court Procedures Act 2004, sections 63 to 69
[1.31] New
section 43 (3)
insert
(3) Subsection (2) and this subsection expire on the existing rules expiry
day under the Court Procedures Act 2004, section 60 (3).
Part
1.8 Civil Law (Wrongs) Act
2002
omit
Part
1.9 Commercial Arbitration Act
1986
substitute
17 Subpoenas to attend etc
(1) On application by a party to an arbitration agreement, the court may
issue a subpoena requiring a person—
(a) to attend for examination before the arbitrator or umpire;
or
(b) to attend for examination and produce stated documents to the
arbitrator or umpire.
(2) A person may not be compelled under the subpoena to answer any
question or produce any document that the person could not be compelled to
answer or produce on the trial of an action.
[1.34] Section
18 heading
substitute
18 Failure to attend before arbitrator or umpire
etc
[1.35] Section
18 (1) (a)
omit
refuses or
[1.36] Section
18 (1) (a)
omit
or summons
[1.37] Section
18 (1) (b) (i), (ii) and (iii)
omit
refuses or
[1.38] Section
18 (1) (b) (iii)
omit
or summons
[1.39] Section
18 (1) (c) and (3) (a)
omit
refuses or
[1.40] Section
18 (3) (a)
omit
or summons
Part
1.10 Common Boundaries Act
1981
[1.41] Section
2, definitions of conference
omit
[1.42] Section
2, definition of conference notice
substitute
conference notice means a notice for the holding of a
conference under the rules.
Note If a form is approved under the Court Procedures Act
2004 for the notice, the form must be
used.
[1.43] Section
2, definition of inquiry notice
substitute
inquiry notice means a notice for the holding of an inquiry
under the rules.
Note If a form is approved under the Court Procedures Act
2004 for the notice, the form must be used.
[1.44] Section
2, new definition of rules
insert
rules means rules under the Court Procedures Act 2004
applying in relation to the Small Claims Court.
[1.45] Section
4 (1), new note
insert
Note If a form is approved under the Court Procedures Act
2004 for this provision, the form must be used.
[1.46] Section
4 (3) and (4)
substitute
(3) The occupier of a parcel must not make application under subsection
(1) unless—
(a) the occupier has given the occupier of the adjoining parcel (the
other occupier) a notice asking the other occupier to discuss the
erection of, and payment for, the fencing of the boundary between their parcels;
and
(b) 1 month has passed since the day the occupier gave the notice to the
other occupier.
Note If a form is approved under the Court Procedures Act
2004 for this provision, the form must be used.
substitute
(6) On receiving an application under subsection (1), the registrar
must—
(a) direct the holding of a conference between the parties; or
(b) if satisfied that there is not a reasonable possibility of the parties
settling the issues in dispute at a conference—direct the holding of an
inquiry into the application.
omit
renumber subsections when Act next republished under Legislation
Act
substitute
(1) The Small Claims Court may hold an inquiry on an application under
section 4 under a direction of the registrar under that section or the
rules.
[1.51] Section
6 (1), new note
insert
Note If a form is approved under the Court Procedures Act
2004 for this provision, the form must be used.
substitute
(3) The occupier of a parcel must not make application under subsection
(1) unless—
(a) the occupier has given the occupier of the adjoining parcel (the
other occupier) a notice asking the other occupier to discuss the
repair or replacement of the fence between their parcels; and
(b) 1 month has passed since the day the occupier gave the notice to the
other occupier.
Note If a form is approved under the Court Procedures Act
2004 for this provision, the form must be used.
[1.53] Section
6 (5), new note
insert
Note If a form is approved under the Court Procedures Act
2004 for this provision, the form must be used.
[1.54] Section
6 (7) and (8)
omit
substitute
(10) On receiving an application under subsection (1) or (5), the
registrar must—
(a) direct the holding of a conference between the parties; or
(b) if satisfied that there is not a reasonable possibility of the parties
settling the issues in dispute at a conference—direct the holding of an
inquiry into the application.
renumber subsections when Act next republished under Legislation
Act
substitute
(1) The Small Claims Court may hold an inquiry on an application under
section 6 under a direction of the registrar under that section or the
rules.
[1.58] Section
8 (1), new note
insert
Note If a form is approved under the Court Procedures Act
2004 for this provision, the form must be used.
omit
substitute
(4) On receiving an application under subsection (1), the registrar
must—
(a) direct the holding of a conference between the parties; or
(b) if satisfied that there is not a reasonable possibility of the parties
settling the issues in dispute at a conference—direct the holding of an
inquiry into the application.
substitute
(7) The Small Claims Court may hold an inquiry on an application under
subsection (1) under a direction of the registrar under subsection (4) (b) or
the rules.
renumber subsections when Act next republished under Legislation
Act
substitute
9 Costs—certain applications under Common
Boundaries Act
omit
this division
substitute
the Common Boundaries Act 1981, division 2.1 (Fences requested by
occupiers)
omit
this division
substitute
the Common Boundaries Act 1981, division 2.1
[1.66] Section
9 (as amended)
relocate to Magistrates Court (Civil Jurisdiction) Rules 2004,
part 18 as section 257A
[1.67] Section
11 (1) and (2), new note
insert
Note If a form is approved under the Court Procedures Act
2004 for this provision, the form must be used.
omit
substitute
(4) On receiving an application under subsection (1) or (2), the registrar
must—
(a) direct the holding of a conference between the parties; or
(b) if satisfied that there is not a reasonable possibility of the parties
settling the issues in dispute at a conference—direct the holding of an
inquiry into the application.
renumber subsections when Act next republished under Legislation
Act
substitute
(1) The Small Claims Court may hold an inquiry on an application under
section 11 under a direction of the registrar under that section or the
rules.
substitute
(3) This section does not limit the operation of any other Territory law
(including the rules) that authorises or requires service of a document
otherwise than as provided under this section.
[1.73] Section
19 (1) (b)
substitute
(b) an order (however described) under the rules in relation to the
enforcement of a determination mentioned in paragraph (a).
omit
Part
1.11 Community and Health Services
Complaints Act 1993
substitute
(2) The Magistrates Court Act 1930, part 4.5 (Civil appeals), other
than an excluded provision, applies in relation to the appeal.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including rules (see Legislation
Act, s 104).
(3) In this section:
excluded provision means the following provisions of the
Magistrates Court Act 1930:
• section 274 (Cases in which appeal may be brought)
• section 275 (Appeals—Small Claims Court).
Part
1.12 Confiscation of Criminal Assets
Act 2003
[1.76] Section
239 (1) note
substitute
Note For the amount the Magistrates Court may award for a personal
action at law, see the Magistrates Court Act 1930, s 257.
[1.77] Section
239 (4) (b)
substitute
(b) title to land is genuinely in question in the proceeding
if the Magistrates Court would not have jurisdiction to hear the proceeding
under the Magistrates Court Act 1930, section 264 (Proceedings affecting
title to land).
Part
1.13 Consumer and Trader Tribunal Act
2003
[1.78] Section
17, note 2
substitute
Note 2 A fee may be determined under the Court Procedures Act
2004 for this provision.
omit
Part
1.14 Consumer Credit (Administration)
Act 1996
substitute
78 Referral of questions of law to Supreme
Court
(1) If the tribunal considers that a question of law raises an issue of
public importance, the tribunal may refer the question to the Supreme
Court.
(2) The tribunal may act under subsection (1) on its own initiative or on
application by a party.
substitute
Division 4.5 Appeals to Supreme
Court
94 Appeals from tribunal
decisions
(1) A party to a tribunal proceeding may, with the Supreme Court’s
leave, appeal to the court on a question of law from a decision of the tribunal
in the proceeding.
(2) An appeal by a person under subsection (1) must be begun
within—
(a) 28 days after the day a document setting out the tribunal’s
decision is given to the person; or
(b) if the person has asked for a statement of reasons under
section 93 (2)—28 days after the day the statement is given to the
person; or
(c) any further time the Supreme Court allows (whether on, before or after
a day mentioned in paragraph (a) or (b)).
(3) The Supreme Court must decide the appeal, and may make any of the
following orders:
(a) an order confirming or setting aside the decision of the
tribunal;
(b) an order remitting the case to be heard and decided again, either with
or without the hearing of further evidence, by the tribunal in accordance with
the court’s directions;
(c) an order for costs.
(4) The Supreme Court may also make any other order the court considers
appropriate.
(5) This section applies in relation to a decision of the tribunal made on
or after the day this section commences.
(6) Subsection (5) and this subsection expire 1 year after the day this
section commences.
95 Appeals from Magistrates Court
decisions
(1) An appeal may be made to the Supreme Court from a decision of the
Magistrates Court under the consumer credit legislation.
(2) The Magistrates Court Act 1930, part 4.5 (Civil appeals)
applies to a decision of the Magistrates Court under the consumer credit
legislation as if it were a judgment or order of the court in a proceeding that
it has jurisdiction to hear and decide under that Act, chapter 4 (Civil
proceedings).
Part
1.15 Coroners Act
1997
[1.82] Section
3 (1), definition of chief police officer
omit
[1.83] Section
3 (1), definition of custodial officer, paragraph
(a)
substitute
(a) a police officer; or
omit
[1.85] Sections
43 heading
substitute
43 Power of coroner to subpoena witnesses
etc
[1.86] Sections
43, 44 and 45
omit
summons
substitute
subpoena
omit
members of the police force
substitute
police officers
[1.88] Section
45 (2) and (3)
omit
member of the police force
substitute
police officer
[1.89] Section
45 (5) (b) (i)
substitute
(i) the declaration is taken to be the declaration of the forfeiture of a
recognisance under the Magistrates Court Act 1930, section 254
(Enforcement of recognisance); and
[1.90] Section
48 (2) (b)
substitute
(b) if a person appears before a coroner under a subpoena—require
the person to give evidence or produce a document or thing stated in the
subpoena.
substitute
49 Record of proceedings
(1) In this section:
relevant provisions means the following provisions of the
Magistrates Court Act 1930:
• section 314 (Registrar to give directions for preparation of
transcripts)
• section 315 (Applications for transcripts)
• section 316 (Record of proceedings)
• section 317 (Record of proceedings and transcript).
(2) The relevant provisions apply in relation to the depositions of a
witness who gives evidence at a hearing as if the depositions were depositions
in a proceeding in the Magistrates Court and as if—
(a) a reference to the Magistrates Court were a reference to a coroner;
and
(b) a reference to the registrar of the Magistrates Court were a reference
to the registrar of the Coroner’s Court; and
(c) in section 315—the following subsection were substituted for
subsection (2):
‘(2) A person is entitled to a copy of a record made at an inquest
or inquiry only if the person has satisfied the registrar or a coroner that the
person has good reason for applying for the copy.’; and
(d) in section 316 (6)—proceedings at an inquest or inquiry were
proceedings mentioned in that subsection; and
(e) all other necessary changes, and any changes prescribed under the
regulations, were made.
[1.92] Sections
62 (2) and 79 (1)
omit
summons
substitute
subpoena
omit
summoned
substitute
subpoenaed
[1.94] Sections
85 (c) and 98
omit
summons
substitute
subpoena
omit
Part
1.16 Court Security Act
2001
omit
Act
substitute
part
substitute
(f) the Magistrates Court Act 1930, section 310 (Hearings generally
to be in public); and
omit everything before paragraph (a), substitute
(1) If a person contravenes a requirement of a security officer under
section 44 (Person may be required to state name etc), section 45
(Searches) or section 47 (Security officer may require thing that may hide
firearms etc to be left), a security officer may require the
person—
[1.99] Sections
5 to 13 (as amended) and 15 to 17
relocate to Court Procedures Act 2004, part 5 as sections 41 to
52
[1.100] Dictionary,
definition of custodial escort
omit
[1.101] Dictionary,
definition of security officer, paragraph (c)
substitute
(c) a person who is appointed as a security officer under
section 51.
[1.102] Dictionary,
definitions (as amended)
relocate to Court Procedures Act 2004, part 5
in section 40
Part
1.17 Crimes Act
1900
omit
section 56 (4)
substitute
section 57 (5)
omit
section 72 (2)
substitute
section 73 (2)
[1.105] Section
192 (5) (a) and (b)
substitute
(a) a firearm, ammunition or licence has been seized under subsection (1)
for the purpose of enforcing an order mentioned in that subsection;
and
(b) the licence has not been cancelled or suspended under the
Protection Orders Act 2001, section 38, section 57 or
section 73.
[1.106] Section
252, note
substitute
Note 1 If a form is approved under s 443
for a certificate, the form must be used.
Note 2 If a form is approved under the Court Procedures Act
2004 for a warrant, the form must be used.
[1.107] Section
300, definition of defendant
substitute
defendant—see the Magistrates Court Act 1930,
section 18A.
[1.108] Section
350 (3), note
substitute
Note If a form is approved under the Court Procedures Act
2004 for this provision, the form must be used.
[1.109] Section
357 (1) (a)
substitute
(a) a document has been filed in the court in relation to the convicted
person; and
Note If a form is approved under the Court Procedures Act
2004 for this provision, the form must be used.
[1.110] Section
408 (4), note
substitute
Note If a form is approved under the Court Procedures Act
2004 for this provision, the form must be used.
omit
Part
1.18 Crimes (Forensic Procedures) Act
2000
[1.112] Dictionary,
definition of warrant
omit
division 4.5
substitute
division 3.3.4 (Warrants of arrest)
Part
1.19 Crown Proceedings Act
1992
omit
Act
substitute
division
omit
shall
substitute
must
[1.115] Section
12 (3), definition of Territory authority
substitute
Territory authority means a corporation established under an
Act, but does not include a body declared under the Financial Management Act
1996, section 3B not to be a Territory authority.
substitute
(7) In this section:
Territory Crown—see section 28 (3).
omit
Act
substitute
part
[1.118] Sections
5 to 14 (as amended)
relocate to Court Procedures Act 2004, division 4.2 as sections 21 to
31
substitute
(1) If a proceeding is brought against the Territory, a statement
containing the information prescribed under the regulations (if any) must be
endorsed on, or annexed to, the process by which the proceeding is
begun.
omit
Crown
[1.121] Section
15 (as amended)
relocate to Court Procedures Act 2004, division 4.3 as section
32
omit
Crown
[1.123] Section
16 (2) (a)
omit
Act
substitute
part
[1.124] Section
16 (2) (b)
omit
Crown
substitute
Territory
[1.125] Section
16 (as amended)
relocate to Court Procedures Act 2004, division 4.3 as section
33
omit
of the Crown
omit
shall
substitute
must
[1.128] Section
17 (as amended)
relocate to Court Procedures Act 2004, division 4.3 as section
34
substitute
(1) In any legal proceeding, a document apparently signed by the
Attorney-General is presumed to have been signed by the Attorney-General in the
absence of evidence to the contrary.
omit
shall
substitute
must
[1.131] Section
18 (as amended)
relocate to Law Officers Act 1992 as section 5B
substitute
19 Representation if right to legal representation
restricted
(1) This section applies to a proceeding if—
(a) the Territory or Attorney-General is a party to the proceeding;
and
(b) an Act removes or restricts the right of a party to the proceeding to
be represented by a lawyer.
(2) The Territory or Attorney-General may be represented by a public
servant (other than a lawyer, articled clerk or person who holds legal
qualifications under a Territory law or the law of another place) who is
authorised to conduct the proceeding on behalf of the Territory or
Attorney-General.
(3) In the proceeding, a document apparently signed by a relevant person
that appears to be an authorisation under subsection (2) must be accepted as an
authorisation in the absence of evidence to the contrary.
(4) In this section:
relevant person means—
(a) a Minister; or
(b) a chief executive; or
(c) the chief executive officer of a Territory agency or
instrumentality.
[1.133] Sections
19 (as amended)
relocate to Court Procedures Act 2004, division 4.3 as section
35
omit
Act
substitute
part
substitute
38 Regulations for pt 4
The regulations may make provision in relation to—
(a) the details to be stated or to accompany process served on the
Territory; and
(b) the service of process or other documents under this part.
[1.136] Sections
20 and 21 (as amended)
relocate to Court Procedures Act 2004, division 4.4 as sections 36
and 37
Part
1.20 Dental Technicians and Dental
Prosthetists Registration Act 1988
omit
Arrest on Mesne Process Act 1902, part 2
substitute
Court Procedures Act 2004, sections 63 to 69
[1.138] New
section 41 (5)
insert
(5) Subsection (4) and this subsection expire on the existing rules expiry
day under the Court Procedures Act 2004, section 60 (3).
Part
1.21 Dentists Act
1931
omit
Arrest on Mesne Process Act 1902, part 2
substitute
Court Procedures Act 2004, sections 63 to 69
[1.140] New
section 78 (5)
insert
(5) Subsection (4) and this subsection expire on the existing rules expiry
day under the Court Procedures Act 2004, section 60 (3).
Part
1.22 Discrimination Act
1991
substitute
108D Statement of reasons
(1) This section applies if—
(a) the tribunal makes a decision in a hearing; and
(b) within 14 days after the day the decision is made a party to the
hearing asks for a statement of reasons for the making of the
decision.
(2) The tribunal must give the party a written statement of reasons for
the making of the decision.
Note The Legislation Act, s 179 deals with what must be included in
a statement of reasons.
108DA Referral of questions of law to Supreme
Court
(1) If the tribunal considers that a question of law raises an issue of
public importance, the tribunal may refer the question to the Supreme
Court.
(2) The tribunal may act under subsection (1) on its own initiative or on
application by a party.
108DB Appeals from tribunal
decisions
(1) A party to a tribunal hearing may, with the Supreme Court’s
leave, appeal to the court on a question of law from a decision of the tribunal
in the hearing.
(2) An appeal by a person under subsection (1) must be begun
within—
(a) 28 days after the day the person is given written notice of the
tribunal’s decision under section 102 (5); or
(b) any further time the Supreme Court allows (whether on, before or after
the day mentioned in paragraph (a)).
(3) The Supreme Court must decide the appeal, and may make any of the
following orders:
(a) an order confirming or setting aside the decision of the
tribunal;
(b) an order remitting the case to be heard and decided again, either with
or without the hearing of further evidence, by the tribunal in accordance with
the court’s directions;
(c) an order for costs.
(4) The Supreme Court may also make any other order the court considers
appropriate.
(5) This section applies in relation to a decision of the tribunal made on
or after the day this section commences.
(6) Subsection (5) and this subsection expire 1 year after the day this
section commences.
Part
1.23 Domestic Relationships Act
1994
omit
determine
substitute
decide
[1.143] Section
10 (2) (b)
omit
with respect
substitute
in relation
[1.144] Section
10 (3), definition of jurisdictional limit
substitute
jurisdictional limit means the maximum amount that may be
claimed in a personal action at law that the Magistrates Court has jurisdiction
to hear and decide under the Magistrates Court Act 1930.
Part
1.24 Earnings (Assignment and
Attachment) Act 1966
[1.145] Section
4, definition of earnings
omit everything after
illness or
to
(Cwlth).
substitute
injury.
[1.146] Section
4, definition of earnings (as amended)
relocate to Court Procedures Act 2004
in section 53 (3)
[1.147] Section
4, remaining definitions
relocate to Court Procedures Act 2004 in section 76
relocate to Court Procedures Act 2004, division 7.3 as section
77
Part
1.25 Electoral Act
1992
omit
in accordance with the Supreme Court Rules
Part
1.26 Evidence Act
1971
omit
[1.151] Sections
42 and 45
after
appropriate rules of court
insert
under the Court Procedures Act 2004
Part
1.27 Government Procurement Act
2001
substitute
(3) Interest is payable at the rate worked out in accordance with the
rules under the Court Procedures Act 2004 applying to the Supreme Court
as if the unpaid amount were a judgment of the Supreme Court.
Part
1.28 Guardianship and Management of
Property Act 1991
omit everything before paragraph (a), substitute
(3) An appeal must be made—
omit
determine
substitute
decide
Part
1.29 Health Professions Boards
(Procedures) Act 1981
[1.155] Section
34 (2), note
omit
Part
1.30 Health Records (Privacy and
Access) Act 1997
substitute
(2) The Magistrates Court Act 1930, part 4.5 (Civil appeals), other
than an excluded provision, applies in relation to the appeal.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including rules (see Legislation
Act, s 104).
(3) In this section:
excluded provision means the following provisions of the
Magistrates Court Act 1930:
• section 274 (Cases in which appeal may be brought)
• section 275 (Appeals—Small Claims Court).
Part
1.31 Judgment Creditors Remedies Act
1901
omit
Act
substitute
division
substitute
21 Exception for certain actions
Section 87 and section 88 do not apply to a writ issued for libel, slander
or any malicious injury.
[1.159] Sections
19 to 26 (as amended)
relocate to Court Procedures Act 2004, division 7.6 as sections 87 to
93
Part
1.32 Judiciary (Stay of Proceedings)
Act 1933
substitute
5 Recission or variation of previous direction or
order
(1) A court may, on the application of any party, rescind or vary any
direction or order previously made by it under this division.
(2) In this section:
party means party to the proceeding in connection with which
the direction or order was made.
[1.161] Sections
3 to 5 (as amended)
relocate to Court Procedures Act 2004, division 7.4 as sections 80 to
82
Part
1.33 Juries Act
1967
[1.162] Sections
23, 24 (11) and 42B, notes
omit
substitute
(4) An order under subsection (3) (a) is enforceable as if it were a
judgment given by the Magistrates Court in a personal action at law that it has
jurisdiction to hear and decide under the Magistrates Court Act 1930,
chapter 4 (Civil proceedings).
Part
1.34 Leases (Commercial and Retail)
Act 2001
omit
determine
substitute
decide
[1.165] Section
144 (3) (a)
substitute
(a) exercise any power that could be exercised by the court under the
Magistrates Court Act 1930, chapter 4 (Civil proceedings); and
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including regulations and rules (see
Legislation Act, s 104).
substitute
(2) An application in relation to a dispute to which this Act applies
cannot be made under the Magistrates Court Act 1930, chapter 4 (Civil
proceedings)
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including regulations and rules (see
Legislation Act, s 104).
[1.167] Section
151 (2) and (4)
omit
Magistrates Court (Civil Jurisdiction) Act 1982
substitute
Magistrates Court (Civil Jurisdiction) Rules 2004
[1.168] New
section 151 (5)
insert
(5) Subsections (2) and (4) and this subsection expire on the existing
rules expiry day under the Court Procedures Act 2004, section 60 (3) or,
if the rules under that Act fix an earlier day for this subsection, that
day.
omit
affirming
substitute
confirming
substitute
(2) The regulations may provide that words used in a lease, or a mortgage
for leased premises have a wider meaning than that set out in the lease or
mortgage, and may prescribe the meaning.
Part
1.35 Legal Aid Act
1977
substitute
(2) The amount of interest must be worked out at the rate percentage per
year as follows:
(a) if the amount under section 31 is payable on or after 15 July 1992 but
before the day mentioned in paragraph (b)—
(i) for 15 July 1992 to and including 14 January 1993—11.5%;
and
(ii) for 15 January 1993 to and including 31 January 1994—10%;
and
(iii) for 1 February 1994 to and including 31 July 1995—9%;
and
(iv) for 1 August 1995 to and including 31 March 1997—10.75%;
and
(v) for 1 April 1997 to and including 30 April 1998—9.55%;
and
(vi) for 1 May 1998 to and including the day before the day mentioned in
paragraph (b)—8.45%;
(b) if the amount under section 31 is payable on or after the day the
Court Procedures Act 2004 commences—at the rate applying under the
rules under that Act applying in relation to the Supreme Court.
Part
1.36 Legal Practitioners Act
1970
[1.172] Section
136, definition of pecuniary loss, paragraph (c)
omit
under the rules of court for the Supreme Court Act 1933, section
70
substitute
in accordance with the rules under the Court Procedures Act 2004
applying to interest on judgments in the Supreme Court
Part
1.37 Legislation Act
2001
[1.173] Section
61 (12), definition of appropriate person, paragraph
(b)
substitute
(b) for rules made or forms approved by the rule-making committee under
the Court Procedures Act 2004—the secretary of the rule-making
committee or someone else appointed by the Chief Justice for this definition;
and
Note For the making of appointments
(including acting appointments), see Legislation Act,
pt 19.3.
(ba) for any other rules made, or forms approved, for a tribunal—the
registrar of the tribunal; and
[1.174] Section
61 (12), definition of appropriate person
renumber paragraphs when Act next republished under Legislation
Act
substitute
(1) The parliamentary counsel may delegate the parliamentary
counsel’s functions under this Act or another Territory law to a public
servant.
Note For the making of delegations and the exercise of delegated
functions, see pt 19.4.
[1.176] Schedule
1, part 1.1, items about Set-off of Debts Act 1728, Set-off of Debts Act
1735, Foreign Tribunals Evidence Act 1856, Evidence by Commission Act 1859,
Evidence by Commission Act 1885, Judgment Creditors Remedies Act 1901 and Arrest
on Mesne Process Act 1902
omit
[1.177] Schedule
1, part 1.1
renumber items when Act next republished under Legislation
Act
[1.178] Dictionary,
part 1, new definition of Small Claims Court
insert
Small Claims Court means the Magistrates Court when it is
exercising jurisdiction under the Magistrates Court Act 1930,
part 4.6.
Part
1.38 Liquor Act
1975
[1.179] Section
170, note
omit
Part
1.39 Litter Act
1977
substitute
(2) An order under subsection (1) is enforceable as if it were a judgment
given by the Magistrates Court in a personal action at law that it has
jurisdiction to hear and decide under the Magistrates Court
Act 1930, chapter 4 (Civil proceedings).
Part
1.40 Magistrates Court Act
1930
substitute
Chapter 1 Preliminary
[1.182] New
sections 2 and 3
insert
2 Dictionary
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere.
For example, the signpost definition ‘registered
operator, for part 3.8 (Infringement notices for certain
offences)—see the Road Transport (Vehicle Registration) Act 1999,
dictionary.’ means that the term ‘registered operator’ is
defined in that dictionary and applies to part 3.8.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
3 Notes
(1) A note included in this Act is explanatory and is not part of this
Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.
(2) In this section:
note includes material enclosed in brackets in section
headings.
Note For comparison, a number of sections of this Act contain
bracketed notes (eg MC (CJ) Act, s 4) in their headings drawing attention to
equivalent or comparable (though not necessarily identical provisions of the
Magistrates Court (Civil Jurisdiction) Act 1982 (repealed).
(3) Subsection (2), this subsection, and the material enclosed in brackets
in section headings, expire 1 year after the day this section
commences.
omit
[1.184] New
chapter 2 heading and part 2.1 heading
after section 6, insert
Chapter 2 Magistrates Court and
magistrates
Part 2.1 The court
Explanatory note
Existing section 18 is relocated to this part as section 4 by another
amendment in this schedule.
renumber as part 2.2
[1.186] Division
2.1 heading
substitute
Division 2.2.1 Appointment of
magistrates
[1.187] Section
6A heading
substitute
6A Meaning of magistrate in div
2.2.1
omit
(1)
renumber as division 2.2.2
[1.190] Division
2.3 heading
substitute
Division 2.2.3 Registrar and other court
officers
renumber as division 2.2.4
omit
[1.193] New
part 2.3 heading
after section 17, insert
Part 2.3 Protection of magistrates in
execution of their office
Explanatory note
Existing sections 231 to 243 are relocated to this part as sections 17A to
17K by another amendment in this schedule.
[1.194] Part
3 heading and division 3.1 heading
omit
substitute
(1) The Magistrates Court is continued in existence.
omit
determination
substitute
deciding
[1.197] Section
18 (as amended)
relocate to part 2.1 as section 4
[1.198] New
chapter 3 heading and part 3.1
after section 18, insert
Chapter 3 Criminal
proceedings
Part 3.1 Preliminary
18A Definitions for ch 3
In this chapter:
administrator means the remand centre
administrator.
Crimes Act means the Crimes Act 1900.
decision includes a committal for trial, admission to bail,
and a conviction, order or other decision.
defendant means a person against whom an information is
laid.
escort means a custodial escort.
superintendent, for a remand centre, means the superintendent
for the centre under the Remand Centres Act 1976.
[1.199] Division
3.2 heading
substitute
Part 3.2 Criminal
jurisdiction
omit
determined
substitute
decided
omit
subsection (1)
substitute
subrule (1)
omit
section 116D
substitute
the Magistrates Court Act 1930, section 116D (Pleas to prescribed
offence)
omit
section 116B
substitute
the Magistrates Court Act 1930, section 116B (Service of summons for
prescribed offence)
[1.204] Section
23 (3) (b)
omit
section 116E (3)
substitute
the Magistrates Court Act 1930, section 116E (3) (Procedure if plea
of guilty entered)
[1.205] Section
23 (3) (c)
omit
section 116F or 116H
substitute
the Magistrates Court Act 1930, section 116F (Procedure if notice of
intention to defend given) or section 116H (Restricted penalties under pt
3.7)
omit
subsection (3)
substitute
subrule (3)
omit
this Act
substitute
the Magistrates Court Act 1930
omit
this section
substitute
this rule
omit
subsection (8)
substitute
subrule (8)
[1.210] Section
23 (as amended)
relocate to Magistrates Court Rules 1932, part 4 as rule
10
omit
subsection (2)
substitute
subrule (2)
omit
subsection (1)
substitute
subrule (1)
omit
section 116D
substitute
the Magistrates Court Act 1930, section 116D (Pleas to prescribed
offence)
[1.214] Section
23AA (3) and (4)
omit
section
substitute
rule
omit
this Act
substitute
the Magistrates Court Act 1930
[1.216] Section
23AA (as amended)
relocate to Magistrates Court Rules 1932, part 4 as rule
11
omit
Explanatory note
This section is replaced by new section 263 that is inserted by another
amendment in this schedule.
omit
part 11
substitute
part 3.10 (Criminal appeals)
substitute
Part 3.3 Beginning criminal
proceedings
[1.220] Division
4.1 heading
substitute
Division 3.3.1 Beginning criminal
proceedings—general
[1.221] Divisions
4.2, 4.4 and 4.5
renumber as divisions 3.3.2, 3.3.3 and 3.3.4
substitute
Part 3.4 Hearing of criminal
proceedings
[1.223] Division
5.1 heading
substitute
Division 3.4.1 Hearing of criminal
proceedings—general
[1.224] Section
51 heading
substitute
51 Hearings generally to be in
public
substitute
(1) The hearing of a proceeding before the Magistrates Court must be in
public.
omit
If
substitute
However, if
[1.227] New
section 51 (4) and (5)
insert
(4) Subsection (1)—
(a) does not apply in relation to a civil matter that, under another
Territory law, may be dealt with otherwise than in open court; and
(b) is subject to any other Territory law that restricts who may be
present at a hearing.
(5) This section applies in relation to the conduct of a conference or
inquiry in the Small Claims Court as if—
(a) a reference to the hearing of a proceeding were a reference to the
conduct of the conference or inquiry; and
(b) a reference to the magistrate presiding were a reference to the person
presiding at the conference or inquiry; and
(c) all other necessary changes, and any other changes prescribed under
the rules, were made.
[1.228] Section
51 (as amended)
relocate to part 5.2 as section 310
[1.229] Section
54A heading
substitute
54A Record of proceedings
[1.230] Section
54A (6) (iii)
omit
section 23A
substitute
section 263 (Requests under conventions relating to legal proceedings in
civil and commercial matters)
[1.231] Section
54A (as amended)
relocate to part 5.2 as section 316
[1.232] Division
5.2 heading
substitute
Division 3.4.2 Evidence in criminal
proceedings
[1.233] Section
60 (1), (2) (b) (i) and (3) (a)
omit
section 54A (2)
substitute
section 316 (2)
[1.234] Section
60 (3) (b)
omit
section 255B (2) or 255C (6)
substitute
section 314 (2) or section 315 (6)
[1.235] Section
60 (4) (a)
omit
section 54A (3)
substitute
section 316 (3)
[1.236] Section
60 (4) (b)
omit
section 255C (6)
substitute
section 315 (6)
[1.237] Section
60 (5), definition of recording apparatus
omit
section 54A (2)
substitute
section 316 (2)
[1.238] Section
60 (as amended)
relocate to part 5.2 as section 317
relocate to Magistrates Court Rules 1932, part 4 as rule
12
[1.240] Section
61 heading
substitute
61 Power of magistrate to subpoena
witness
omit
summons
substitute
subpoena
[1.242] Section
61 (as amended)
relocate to Magistrates Court Rules 1932, part 4 as rule
13
omit
summons
substitute
subpoena
[1.244] New
section 62 (4)
insert
(4) In this rule:
subpoena includes summons.
[1.245] Section
62 (as amended)
relocate to Magistrates Court Rules 1932, part 4 as rule
14
relocate to Magistrates Court Rules 1932, part 4 as rule
15
omit
If
substitute
(1) If
[1.248] Section
63 (b) and (c)
omit
summons
substitute
subpoena
[1.249] New
section 63 (2) and (3)
insert
(2) In this section:
subpoena includes summons.
(3) Subsection (2) and this subsection expire on the existing rules expiry
day under the Court Procedures Act 2004, section 60 (3).
omit
summons
substitute
subpoena
omit
summon
substitute
subpoena
omit
summons
substitute
subpoena
omit
duces tecum
[1.254] Section
66 (as amended)
relocate to Magistrates Court Rules 1932, part 4 as rule
16
omit
summons
substitute
subpoena
omit
section 61 or 66
substitute
rule 13 (Power of magistrate to subpoena witness) or rule 16 (Production of
documents before magistrate)
[1.257] Section
66A (as amended)
relocate to Magistrates Court Rules 1932, part 4 as rule
17
[1.258] Section
67 heading
omit
Territory
substitute
the ACT
omit
Territory
substitute
ACT
omit
section 54A
substitute
section 316 (Recordings of proceedings)
[1.261] Section
67 (as amended)
relocate to part 5.2 as section 318
[1.262] Sections
67A and 67B
omit
omit
section 67
substitute
section 318
omit
summoned
substitute
required by subpoena
[1.265] Section
68 (as amended)
relocate to part 5.2 as section 319
omit
section 67
substitute
section 318
[1.267] Section
69 (1) (a)
omit
section 54A
substitute
section 316
omit
Territory
substitute
ACT
[1.269] Section
69 (as amended)
relocate to part 5.2 as section 320
renumber as division 3.4.3
omit
where section 254B
substitute
if section 311 (Appearance by audiovisual or audio links)
renumber as division 3.4.4
substitute
73A Extended application of div
3.4.4
(1) This division applies in relation to a person for whom a warrant
prescribed under the rules has been issued under the rules as if all necessary
changes, and any changes prescribed under the rules, were made.
(2) This section does not limit any other application of this
division.
omit
section 255AB
substitute
section 312 (Failure to give evidence—committal)
omit
the provisions of division 4.5
substitute
division 3.3.4 (Warrants of arrest)
[1.276] Division
5.5 heading
substitute
Division 3.4.5 Adjournment of criminal
proceedings
substitute
Part 3.5 Proceedings for indictable
offences
renumber as division 3.5.1
[1.279] Section
88A heading
substitute
88A Meaning of jury in pt
3.5
[1.280] Division
6.1 heading
substitute
Division 3.5.2 Indictable
offences—beginning of proceedings
[1.281] Section
90A (12) (b)
substitute
(b) the Supreme Court may exercise any power that the Magistrates Court
might have exercised under division 3.4.3 (Remand) if the order had been an
order made by the Magistrates Court adjourning the proceedings to the specified
time and place, and that division applies in relation to the accused
person.
[1.282] Division
6.2 heading
substitute
Division 3.5.3 Indictable
offences—proceedings after hearing of evidence
omit
section 54A (3)
substitute
section 316 (3)
omit
section 54A (2)
substitute
section 316 (2)
[1.285] Division
6.2A heading
substitute
Division 3.5.4 Indictable
offences—costs
[1.286] Division
6.3 heading
substitute
Division 3.5.5 Indictable
offences—witness recognisances
[1.287] Division
6.4 heading
substitute
Division 3.5.6 Indictable
offences—other provisions
in division 3.5.6, insert
105A References to certified copies of
depositions
In this division, a reference to a certified copy of
depositions is a reference to—
(a) if a record of the depositions was made in accordance with section 316
(2)—a transcript of the record certified in accordance with section 314
(2); or
(b) if the depositions were taken down in writing and signed in accordance
with section 316 (3)—the depositions as taken down and signed.
renumber as part 3.6
omit
Territory
substitute
ACT
renumber as part 3.7
[1.292] Section
116A heading
substitute
116A Interpretation for pt 3.7
[1.293] Section
116A (1), new definition of law in force in the ACT
insert
law in force in the ACT includes a statute of the Australian
National University about parking or traffic.
omit
[1.295] Section
116AA heading
substitute
116AA Meaning of prescribed offence for pt
3.7
[1.296] Section
116AA (1)
omit
Territory
substitute
ACT
[1.297] Section
116B heading
substitute
166B Service of summons for prescribed
offence
[1.298] Section
116B, new note
insert
Note If a form is approved under the Court Procedures Act
2004 for this provision, the form must be used.
[1.299] Section
116D heading
substitute
116D Pleas to prescribed offence
[1.300] Section
116H heading
substitute
116H Restricted penalties under pt
3.7
omit
section 23
substitute
the rules
renumber as part 3.8
renumber as division 3.8.1
[1.304] Section
117 heading
substitute
117 Definitions for pt 3.8
[1.305] Section
117, definition of authorised person
substitute
authorised person—see section 134A (3).
[1.306] Section
118 heading
substitute
118 Purpose and effect of pt 3.8
renumber as division 3.8.2
[1.308] Division
8.3 heading
substitute
Division 3.8.3 Disputing liability for
infringement notices
[1.309] Division
8.4 heading
substitute
Division 3.8.4 Infringement
notices—other provisions
substitute
Part 3.9 Enforcement of criminal
decisions
[1.311] Division
9.1 heading
substitute
Division 3.9.1 Enforcement of criminal
decisions—general
renumber as division 3.9.2
[1.313] Section
146 heading
substitute
146 Definitions for div 3.9.2
[1.314] Section
146, definition of chief police officer
omit
[1.315] Section
146, definition of Territory entity
substitute
Territory entity—see the Auditor-General Act
1996, dictionary.
[1.316] Section
150 (1) (a)
omit
section 248A (1)
substitute
the Court Procedures Act 2004, part 3 (Court and tribunal
fees)
[1.317] Section
154A (3) (b) (i)
substitute
(i) the person has been served with the summons in accordance with the
Magistrates Court (Civil Jurisdiction) Rules 2004, section 297 as applied
by rule 20; or
omit everything after paragraph (b), substitute
the registrar must issue a warrant in accordance with the Magistrates
Court (Civil Jurisdiction) Rules 2004, section 303 as applied by rule 20 for
the apprehension of the person to whom the summons was directed.
omit
subsection (1)
substitute
subrule (1)
[1.320] New
section 154A (5)
insert
(5) In this rule:
fine—see the Magistrates Court Act 1930, section
146.
[1.321] Section
154A (as amended)
relocate to Magistrates Court Rules 1932, part 4 as rule
18
substitute
(1) If the registrar is satisfied that a fine defaulter has the capacity
to pay an outstanding fine, the registrar may—
(a) make a garnishee order under the Magistrates Court (Civil
Jurisdiction) Rules 2004, section 319 as applied by rule 20 in relation to
the outstanding fine; or
(b) issue a writ of execution under the Magistrates Court (Civil
Jurisdiction) Rules 2004, section 343 (2) and (3) as applied by rule 20
against goods of the fine defaulter to enforce the outstanding fine.
[1.323] New
section 154B (3)
insert
(3) In this rule:
fine defaulter—see the Magistrates Court Act
1930, section 146.
outstanding fine—see the Magistrates Court Act
1930, section 146.
[1.324] Section
154B (as amended)
relocate to Magistrates Court Rules 1932, part 4 as rule
19
[1.325] Section
154C heading
substitute
154C Application of Magistrates Court (Civil
Jurisdiction) Rules, pt 19
substitute
(1) The purpose of this rule is to ensure, as far as practicable,
that—
(a) a fine defaulter may be examined under rule 18 (Ascertainment of
capacity to pay fine) and dealt with in the same way as a judgment debtor in
relation to whom an examination summons has been issued; and
(b) a garnishee order under rule 19 has the same effect as a garnishee
order in relation to a judgment debtor; and
(c) a writ of execution under rule 19 has the same effect as a writ of
execution against goods of a judgment debtor.
omit
For subsection (1) (a), the Magistrates Court (Civil Jurisdiction)
Act 1982
substitute
For subrule (1) (a), the Magistrates Court (Civil Jurisdiction)
Rules 2004
omit
For subsection (1) (b), the Magistrates Court (Civil Jurisdiction)
Act 1982
substitute
For subrule (1) (b), the Magistrates Court (Civil Jurisdiction)
Rules 2004
omit
For subsection (1) (c), the Magistrates Court (Civil Jurisdiction)
Act 1982
substitute
For subrule (1) (c), the Magistrates Court (Civil Jurisdiction)
Rules 2004
omit
subsections (2), (3) and (4)
substitute
subrules (2), (3) and (4)
[1.331] Section
154C (5) (b)
omit
section 154B (1) (a)
substitute
rule 19 (1) (a)
[1.332] Section
154C (5) (c)
omit
section 154B (1) (b)
substitute
rule 19 (1) (b)
[1.333] Section
154C (6) and (7)
omit
subsection (2), (3) or (4)
substitute
subrule (2), (3) or (4)
[1.334] Section
154C (8) and (9)
substitute
(8) If—
(a) a provision of the Magistrates Court (Civil Jurisdiction)
Rules 2004 applies in relation to a matter; and
(b) a provision of other rules or a determination under the Court
Procedures Act 2004 also applies in relation to the matter; and
(c) the provision of the Magistrates Court (Civil Jurisdiction) Rules
2004 is applied to a corresponding matter by subrule (2), (3) or
(4);
a reference in this rule to the applied provision mentioned in paragraph
(c) includes a reference to the provision mentioned in paragraph (b).
(9) A reference in this rule to an applied provision by number is a
reference to the provision so numbered of the Magistrates Court (Civil
Jurisdiction) Rules 2004, as applied by subrule (2), (3) or (4).
(10) In this rule:
fine defaulter—see the Magistrates Court Act
1930, section 146.
[1.335] Section
154C (as amended)
relocate to Magistrate Court Rules 1932, part 4 as rule 20
omit
section 255A
substitute
section 313 (Commitment to remand centre)
renumber as division 3.9.3
[1.338] Section
166A heading
substitute
166A Definitions for div 3.9.3
[1.339] Section
166A, definition of State
omit
and the Jervis Bay Territory
[1.340] Section
166C (2) (c)
omit
the Magistrates Court (Civil Jurisdiction) Act 1982
substitute
the rules applying to civil proceedings in the Magistrates Court
omit
Notwithstanding section 190, if
substitute
If
[1.342] Division
9.6 heading
substitute
Division 3.9.4 Enforcement of criminal
decisions—other provisions
[1.343] Section
191 heading
substitute
191 Accounts to be kept of amounts
received
omit
, in accordance with the approved form
[1.345] Section
191, new note
insert
Note If a form is approved under the Court Procedures Act
2004 for this provision, the form must be used.
substitute
Part 3.10 Criminal
appeals
[1.347] Division
11.1 heading
substitute
Division 3.10.1 Criminal
appeals—jurisdiction of Supreme Court
omit
under this Act
substitute
under this Act (other than chapter 4 (Civil proceedings))
[1.349] Section
207 (1) (a)
omit
division 11.2
substitute
division 3.10.2 (Appeals in criminal matters)
[1.350] Section
207 (1) (b)
omit
division 11.3
substitute
division 3.10.3 (Orders to review in criminal matters)
[1.351] Division
11.2 heading
substitute
Division 3.10.2 Appeals in criminal
matters
[1.352] Section
208 heading
substitute
208 Appeals to which division 3.10.2
applies
[1.353] Section
208 (1) (a)
omit
part 7, part 7A or section 255
substitute
part 3.6 (Proceedings for offences punishable summarily), part 3.7 (Service
and pleading by post for certain offences) or section 290 (Contempt in face of
court)
[1.354] Section
208 (1) (b)
omit
part 7
substitute
part 3.6
[1.355] Section
208 (1) (c)
omit
255, or part 7 or 7A
substitute
290, part 3.6 or part 3.7
substitute
(1) This section applies to an appeal mentioned in section 208 (Appeals to
which div 3.10.2 applies).
[1.357] Section
218 (1) (a)
omit
affirm
substitute
confirm
[1.358] Section
218 (1) (c)
omit
determination
substitute
decision
[1.359] Section
219 heading
substitute
219 Barring right of appeal under div 3.10.2 if order
to review granted
omit
division 11.3
substitute
division 3.10.3 (Orders to review in criminal matters)
omit
division 11.3
substitute
division 3.10.3
[1.362] Division
11.3 heading
substitute
Division 3.10.3 Orders to review in criminal
matters
[1.363] Section
219B (1) (a)
omit
part 7 or 7A
substitute
part 3.6 (Proceedings for offences punishable summarily) or part 3.7
(Service and pleading by post for certain offences)
[1.364] Section
219B (1) (b)
omit
part 7 or 7A
substitute
part 3.6 or part 3.7
[1.365] Section
219B (1) (c)
omit
part 7
substitute
part 3.6
[1.366] Section
219B (1) (f)
omit
part 7 or 7A or section 255
substitute
part 3.6, part 3.7 or section 290 (Contempt in face of court)
[1.367] Section
219F (2) (b)
omit
part 6
substitute
part 3.5
[1.368] Division
11.4 heading
substitute
Division 3.10.4 Criminal appeals—other
provisions
omit
[1.370] Sections
231 to 243
relocate to part 2.3 as sections 17A to 17K
substitute
Part 3.11 Costs in criminal
matters
[1.372] Section
244 heading
substitute
244 Award of costs in criminal
matters
substitute
(d) an amount awarded or ordered to be paid by an informant, or to a
defendant, for costs may be recovered under the rules about the enforcement of
judgments of the court in civil proceedings;
omit
summoned; but their allowance for attendance shall in no case exceed the
highest rate of allowance prescribed;
substitute
subpoened.
omit
omit
section 244
substitute
the Magistrates Court Act 1930, section 244 (Award of costs in
criminal matters)
[1.377] Section
247 (as amended)
relocate to Magistrates Court Rules 1932, part 4 as rule
21
omit
substitute
Part 3.12 Securities in criminal
matters
omit
under this Act
substitute
under this Act (other than chapter 4 (Civil proceedings))
omit
, in such manner and form as are prescribed
[1.382] Section
249 (1), new note
insert
Note If a form is approved under the Court Procedures Act
2004 for this provision, the form must be used.
omit
or as is prescribed
[1.384] Sections
250 to 253
omit
under this Act
substitute
under this Act (other than chapter 4 (Civil proceedings))
relocate to part 5.2 as section 309
after section 254A, insert
Chapter 4 Civil
proceedings
Part 4.1 Preliminary
256 Application of ch 4 ((MC (CJ) Act,
s 4)
This chapter does not apply in relation to—
(a) a proceeding under the Protection Orders Act 2001; or
(b) a proceeding under the Workers Compensation Act 1951;
or
(c) a proceeding on an information for an offence.
Part 4.2 Civil
jurisdiction
257 Personal actions at law—amount or value (MC
(CJ) Act, s 5)
(1) The Magistrates Court has jurisdiction to hear and decide any personal
action at law if the amount claimed is not more than $50 000, including a
personal action at law if—
(a) the amount claimed is the amount owing on a balance of account, after
an admitted set-off or otherwise; or
(b) any amount in excess of $50 000 to which the plaintiff may be entitled
in relation to the cause of action is abandoned in accordance with the
rules.
(2) If the amount claimed in a personal action includes interest up to
judgment, or a lump sum instead of interest, in accordance with the rules, the
interest is disregarded in working out whether or not the court has
jurisdiction.
(3) For this section, a personal action at law includes an
action relating to the detention of goods, and the amount claimed in the action
is the value of the goods plus any amount claimed for damages for the detention
of the goods.
(4) Subsection (1) does not limit the court’s jurisdiction if, under
another law in force in the ACT, an amount may be recovered by action in the
court (even if the amount is more than $50 000).
(5) The court’s jurisdiction under subsection (1) is additional to
any jurisdiction that the court has under any other law in force in the
ACT.
258 Power of court to grant relief (MC (CJ) Act,
s 6)
(1) In any proceeding that the Magistrates Court has jurisdiction to hear
and decide—
(a) the court may grant any relief, redress or remedy that the Supreme
Court may grant in a similar action in that court, and for that purpose the
Magistrates Court may make any order that the Supreme Court may make;
and
(b) the court must give effect to any ground of defence, counterclaim or
set-off, whether equitable or legal, in the same way and to the same extent that
the Supreme Court would do.
(2) For the exercise by the Magistrates Court of its powers under
subsection (1) in any proceeding—
(a) a magistrate constituting the court has, as well as any other powers
under this Act, all the powers of a judge in a similar action in the Supreme
Court; and
(b) the registrar, bailiff or other appropriate officer of the Magistrates
Court must exercise any function that a corresponding officer of the Supreme
Court would exercise in a similar action in that court in accordance with the
practice and procedure of that court.
(3) In exercising a function mentioned in subsection (2), the registrar, a
bailiff or other officer of the court must comply with this Act, the rules and
any order of the Magistrates Court.
259 Rules of equity to prevail (MC (CJ) Act,
s 7)
In any proceeding in the Magistrates Court, if there is a conflict between
the rules of equity and the rules of common law, the rules of equity
prevail.
260 Nuisance (MC (CJ) Act, s 8 (1) and
(2))
(1) The Magistrates Court has the same jurisdiction as the Supreme Court
to hear and decide a civil action for nuisance.
(2) In a civil action for nuisance, the Magistrates Court may grant the
same relief as the Supreme Court may grant in a similar action in that
court.
261 Disputed debts (MC (CJ) Act,
s 9)
(1) The Magistrates Court may, in a proceeding in the court, declare
that—
(a) a person is or is not indebted to someone else; or
(b) a person is or is not indebted to someone else in a stated amount;
or
(c) a person is or is not indebted to someone else in an amount that is
more than a stated amount.
(2) This section applies only in relation to a debt that is not more than
$50 000.
262 Cause of action arising, or defendant resident,
outside ACT (MC (CJ) Act, s 10)
The Magistrates Court has jurisdiction to hear and decide a proceeding
if—
(a) the defendant was resident in the ACT when the claim was served on the
defendant, even though all of the cause of action in the proceeding arose
outside the ACT; or
(b) both of the following apply, even though the defendant is not in the
ACT:
(i) a material part of the cause of action in the proceeding arose in the
ACT, even though part of the cause of action arose outside the ACT;
(ii) the claim is served on the defendant in Australia or an external
Territory.
263 Requests under conventions relating to legal
proceedings in civil and commercial matters
(1) The Magistrates Court has jurisdiction to make any order or take any
action necessary to comply with a request received from the consular or other
authority of a relevant foreign country for serving documents in the ACT or
taking evidence in the ACT.
(2) In this section:
relevant foreign country—a foreign country is a
relevant foreign country if a convention relating to legal
proceedings in civil and commercial matters is in force between the country and
Australia.
264 Proceedings affecting title to land (MC (CJ) Act,
s 11)
(1) The Magistrates Court does not have jurisdiction to hear and decide a
proceeding in which the title to land is genuinely in question.
(2) However, the jurisdiction of the Magistrates Court to hear and decide
a proceeding is not affected only because the title to land incidentally comes
in question in the proceeding.
(3) In a proceeding mentioned in subsection (2), a judgment is not
evidence of title to land.
265 Disputes under Residential Tenancies Act (MC (CJ)
Act, s 12A)
The Magistrates Court does not have jurisdiction in relation to a dispute
to which the Residential Tenancies Act 1997 applies if the amount in
dispute is not more than $10 000.
266 Complaints under Utilities Act, pt 12 (MC (CJ)
Act, s 12B)
The Magistrates Court does not have jurisdiction in relation to a matter to
the extent to which it is the subject of—
(a) a complaint under the Utilities Act 2000, part 12 (Complaints);
or
(b) a direction or declaration of the essential services consumer council
under that part.
Part 4.3 Case stated for Supreme
Court
267 Case stated (MC (CJ) Act, s 194, s 395
(2))
(1) On the application of a party to a proceeding in the Magistrates
Court, the court may state, in the form of a special case, any question of law
that arises in the proceeding for the opinion of the Supreme Court.
(2) The Supreme Court has jurisdiction to hear and decide a case stated
under this section.
(3) This section does not apply to a proceeding in the Small Claims
Court.
Part 4.4 Transfer of proceedings from or to
Supreme Court
268 Transfer of action from Supreme Court
(MC (CJ) Act, s 381)
(1) This section applies if a proceeding in relation to the cause of
action on which a prescribed action pending in the Supreme Court is founded
could properly have been begun in the Magistrates Court.
(2) The Supreme Court may, on the application of a party to the action or
its own initiative, order that the action be transferred to the Magistrates
Court if it considers it just to do so.
(3) In subsection (1):
prescribed action means an action in which the amount claimed
(whether initially or as reduced by payment, admitted set-off or otherwise) is
not more than the amount for which the Magistrates Court has jurisdiction under
this chapter.
269 Procedure on transfer of action from Supreme
Court (MC (CJ) Act, s 382)
(1) This section applies if the Supreme Court has made an order under
section 268 that an action pending in the Supreme Court be transferred to the
Magistrates Court.
(2) A party to the action may file in the Magistrates Court a copy of the
order, a copy of each of the pleadings (if any) in the action and any other
relevant documents filed in the Supreme Court.
(3) When the copies have been filed, the action—
(a) stops being an action in the Supreme Court; and
(b) becomes a proceeding in the Magistrates Court.
(4) The proceeding is taken to have been begun in the Magistrates Court on
the day the action was begun in the Supreme Court.
(5) Costs in the proceeding are to be allowed—
(a) for costs incurred before the order under section 268 was made
(including the costs of getting the order) and the costs of getting the copies
mentioned in subsection (2)—in accordance with the rules under the
Court Procedures Act 2004 applying to the Supreme Court, but subject to
any Supreme Court order; and
(b) for costs incurred after the order was made (not including the costs
of getting the copies)—in accordance with the rules applying to the
Magistrates Court.
(6) If costs mentioned in subsection (5) (a) are to be taxed, the costs
must be taxed by the registrar in accordance with the rules applying to the
Supreme Court.
270 Removal of proceedings into Supreme Court
(MC (CJ) Act, s 383)
On the application of a party to a proceeding in the Magistrates Court, the
Supreme Court may order that the proceeding be removed into the Supreme Court on
the conditions about costs, security for the amount claimed or costs, or
otherwise, that the Supreme Court considers just.
271 Stay of proceedings (MC (CJ) Act,
s 384)
(1) This section applies if an application under section 270 to have a
proceeding in the Magistrates Court removed into the Supreme Court is
pending.
(2) On the application of a party to the proceeding, the Supreme Court may
order that the proceeding be stayed until the application under section 270 is
decided or until the Supreme Court orders otherwise.
(3) An order that a proceeding be stayed takes effect immediately on a
copy of the order being filed in the Magistrates Court.
Part 4.5 Civil
appeals
272 Definitions for pt 4.5 (MC (CJ) Act,
s 385)
In this part:
appeal means an appeal to the Supreme Court—
(a) from a judgment or order of the Magistrates Court, whether final or
interlocutory, in a proceeding that the Magistrates Court has jurisdiction to
hear and decide under this chapter, other than a proceeding in its jurisdiction
under part 4.6 (Small Claims Court); or
(b) from a judgment of the Small Claims Court.
judgment, in relation to a proceeding in the Small Claims
Court, includes an order made in association with the proceeding, but does not
include an interim order of the Small Claims Court under the rules.
273 Jurisdiction (MC (CJ) Act,
s 386)
(1) The jurisdiction of the Supreme Court to hear and decide appeals is
subject to the exceptions and conditions in this part.
(2) Subsection (1) does not affect the operation of any other law that
provides for the appellate jurisdiction of the Supreme Court.
274 Cases in which appeal may be brought
(MC (CJ) Act, s 387)
(1) An appeal may be brought only with the leave of the Supreme
Court.
(2) However, an appeal may be brought as of right from a judgment or
order—
(a) for, or for the payment of, an amount of $2 000 or more;
or
(b) in a proceeding in the Magistrates Court—
(i) in which the matter in issue amounts to, or is of the value of,
$2 000 or more; or
(ii) that involves directly or indirectly a claim, demand or question to
or in relation to any property or any civil right amounting to, or of the value
of, $2 000 or more.
(3) This section does not apply in relation to an appeal from a judgment
of the Small Claims Court.
275 Appeals—Small Claims Court (MC (CJ)
Act, s 387A)
(1) A party to a proceeding in the Small Claims Court may, with the
Supreme Court’s leave, appeal from a judgment of the Small Claims Court in
the proceeding.
(2) The Supreme Court may grant leave only if satisfied—
(a) that the decision of the Small Claims Court on a question of law was
wrong; or
(b) that the conduct of the proceeding in the Small Claims Court was
unfair to the applicant for leave to appeal.
276 Evidence on appeal (MC (CJ) Act,
s 391)
In an appeal, the Supreme Court must have regard to the evidence given in
the proceeding in the Magistrates Court out of which the appeal arose, and has
power to draw inferences of fact and, in its discretion, to receive further
evidence.
277 Powers of Supreme Court on appeal (MC (CJ)
Act, s 393)
(1) On an appeal, the Supreme Court has the following powers in relation
to the judgment or order appealed from:
(a) to confirm, reverse or vary the judgment or order;
(b) to give any judgment or make any order it considers appropriate, or
refuse to make an order;
(c) to set aside the judgment or order (completely or in part), and remit
the proceeding to the Magistrates Court for further hearing and decision,
subject to any directions the Supreme Court considers appropriate;
(d) to award execution from the Supreme Court or remit the proceeding to
the Magistrates Court for the execution of the judgment or order of the Supreme
Court.
(2) A judgment or order of the Supreme Court made in a proceeding remitted
under subsection (1) (d) has effect as if it were a judgment or order of the
Magistrates Court and may be enforced by the Magistrates Court
accordingly.
(3) In this section:
Magistrates Court, in relation to an appeal from a judgment
or order of the Small Claims Court, means the Small Claims Court.
Part 4.6 Small Claims
Court
278 Definitions for pt 4.6 (MC (CJ) Act,
s 394)
applicant means a person making an application.
application means an application to the Small Claims Court,
whether made under the rules or another Territory law.
common boundaries determination means a determination under
the Common Boundaries Act 1981, and includes a variation of a
determination.
contract application means an application in relation to a
contract, and includes an application for damages for breach of
contract.
damages application means an application for damages for
negligence or for any other tort except nuisance or trespass.
debt application means an application for the recovery of a
debt.
debt declaration, in relation to a proceeding, means an order
declaring that—
(a) the applicant is or is not indebted to the respondent; or
(b) the applicant is or is not indebted to the respondent in a stated
amount; or
(c) the applicant is or is not indebted to the respondent in an amount
that is more than a stated amount.
goods application means an application in relation to the
provision of goods or services, and includes an application for damages for the
detention of goods.
inquiry means an inquiry by the Small Claims Court under the
rules.
nuisance application means an application for relief for
nuisance.
proceeding means a proceeding on an application.
referee means a referee appointed under this part.
respondent means the respondent to an application.
rules means rules under the Court Procedures Act 2004
applying in relation to the Small Claims Court.
trespass application means an application for relief for
trespass to land.
279 Small Claims Court (MC (CJ) Act,
s 396)
(1) The Magistrates Court has jurisdiction to inquire into and decide
applications for this part.
(2) The Magistrates Court is to be known as the Small Claims Court when
exercising jurisdiction under this part.
280 Referees—appointment (MC (CJ) Act,
s 397)
(1) The Executive may appoint a person as a referee for this
part.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see s 207).
(2) A person is eligible for appointment as a referee if the person
is—
(a) a lawyer; and
(b) a member of the staff of the Magistrates Court or any other entity
exercising judicial powers under a Territory law.
(3) A person’s appointment as referee ends if the person is no
longer eligible for appointment under subsection (2).
Note A person’s appointment also ends if the person resigns
(see Legislation Act, s 210).
281 Referees—functions (MC (CJ) Act,
s 398)
(1) A referee may exercise the jurisdiction of the Small Claims Court in
an inquiry in a proceeding by way of a contract application, damages
application, debt application or goods application, or for a debt declaration or
common boundaries determination.
(2) However, a referee only has jurisdiction in a proceeding in relation
to an amount of not more than $3 000, or the equivalent value of goods or
services (including any associated damages), excluding any claim for interest,
or for a lump sum instead of interest, decided by the Small Claims Court under
the rules.
(3) In exercising the jurisdiction of the Small Claims Court under this
section, a referee—
(a) has all the functions of a magistrate; and
(b) is otherwise taken to be a magistrate for all purposes.
282 Referees—oath or affirmation of office
(MC (CJ) Act, s 399)
(1) Before exercising functions as a referee, a referee must take an oath,
or make an affirmation, before the Chief Justice.
(2) An oath or affirmation under subsection (1) must be in accordance with
the form in schedule 1.
283 Jurisdiction (MC (CJ) Act,
s 401)
(1) The Small Claims Court has jurisdiction to inquire into the following
applications:
(a) contract applications;
(b) damages applications;
(c) debt applications;
(d) goods applications;
(e) nuisance applications;
(f) trespass applications;
(g) applications for debt declarations;
(h) applications for common boundaries determinations.
(2) Section 257 (Personal actions at law—amount or value) and 261
(Disputed debts) do not apply to proceedings in the Small Claims
Court.
284 $10 000 limit (MC (CJ) Act,
s 402)
(1) The Small Claims Court’s jurisdiction is limited to applications
claiming amounts of not more than $10 000.
(2) In relation to debt declarations, the Small Claims Court’s
jurisdiction is limited to applications for declarations for debts of not more
than $10 000.
(3) The monetary limit on the Small Claims Court’s jurisdiction does
not include any claim for interest, or for a lump sum instead of interest,
decided by the Small Claims Court under the rules.
(4) In a goods application, the amount claimed is the value of the goods
or services plus any amount claimed for damages for the detention of the
goods.
(5) If, apart from this section, a person would be entitled to make an
application claiming an amount of more than $10 000, the person may, by the
application, abandon the excess by limiting the claim to $10 000.
(6) This section does not apply to an application for a common boundaries
determination.
285 Admissibility of conference proceedings in
inquiries (MC (CJ) Act, s 427)
Evidence, or any statement, of words spoken or acts done at a conference
under the rules is not admissible in an inquiry, unless the parties otherwise
agree.
substitute
Chapter 5 Miscellaneous
Part 5.1 Offences
Explanatory note
After the amendments made by this schedule, this part will consist of the
following sections:
• s 290 (prev this Act, s 255)
• s 291 (prev this Act, s 255AA)
• s 292 (prev MC (CJ) Act, s 8 (2))
• s 293 (prev MC (CJ) Act, s 187 (7))
• s 294 (prev MC (CJ) Act, s 217 (4))
• s 295 (prev MC (CJ) Act, s 329 (2))
• s 296 (prev MC (CJ) Act, s 337 (1))
• s 297 (prev MC (CJ) Act, s 340 (1)
• s 298 (prev MC (CJ) Act, s 341)
• s 299 (prev MC (CJ) Act, s 379)
• s 300 (prev MC (CJ) Act, s 448 (1))
• s 301 (prev MC (CJ) Act, s 449)
• s 302 (prev MC (CJ) Act, s 460 (2))
[1.388] New
section 254B (3A)
insert
(3A) A reference in this Act to appearance in a proceeding,
whether by a party or anyone else, includes, if this section applies, appearance
in accordance with this section.
renumber subsections when Act next republished under Legislation
Act
[1.390] Section
254B (as amended)
relocate to part 5.2 as section 311
omit
section 254B
substitute
section 311 (Appearance by audiovisual or audio links)
renumber as section 290
[1.393] Section
255AA heading
substitute
255AA Failure to give
evidence—offence
[1.394] Section
255AA (1) (b)
substitute
(b) attends, or is brought, before the registrar for examination under the
rules.
[1.395] Section
255AA (2)
insert
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
relocate to part 5.1 as section 291
[1.397] Section
255AB heading
substitute
255AB Failure to give
evidence—committal
[1.398] Section
255AB (1) (a)
omit
section 255AA
substitute
section 291 (Failure to give evidence—offence)
[1.399] Section
255AB (1) (b)
substitute
(b) on hearing a matter referred to it in relation to the examination of a
person before the registrar under the rules, the court is satisfied that the
person has contravened section 291;
[1.400] Section
255AB (1) (d) (ii), (2) (c) and (4)
omit
section 255AA
substitute
section 291
[1.401] Section
255AB (as amended)
relocate to part 5.2 as section 312
relocate to part 5.2 as section 313
omit
section 54A (2)
substitute
section 316 (2)
[1.404] Section
255B (as amended)
relocate to part 5.2 as section 314
[1.405] Section
255C (1) (a) and (b)
omit
section 54A (2)
substitute
section 316 (2)
[1.406] Section
255C (1) (c)
omit
section 54A (3)
substitute
section 316 (3)
omit
section 248A (1)
substitute
the Court Procedures Act 2004, part 3
[1.408] Section
255C (7) (a)
omit
section 54A (2)
substitute
section 316 (2)
omit
section 248A (1)
substitute
the Court Procedures Act 2004, part 3
renumber subsections when Act next republished under Legislation
Act
[1.411] Section
255C (as amended)
relocate to part 5.2 as section 315
[1.412] Sections
256 and 258
substitute
292 Failure to comply with order in nuisance action
(MC (CJ) Act, s 8 (2))
293 Failure to comply with Magistrates Court subpoena
(MC (CJ) Act, s 187 (7))
(2) In this section:
subpoena includes summons.
(3) Subsection (2) and this subsection expire on the existing rules expiry
day under the Court Procedures Act 2004, section 60 (3).
294 Failure to comply with judgment for delivery of
detained goods (MC (CJ) Act, s 217 (4))
295 False or misleading statement by garnishee (MC
(CJ) Act, s 329 (2))
296 Obligations of judgment creditor if garnishee
pays too much (MC (CJ) Act, s 337 (1))
297 Notice to be given if judgment debtor ceases
employment (MC (CJ) Act, s 340 (1))
300 Failure to comply with Small Claims Court
subpoena (MC (CJ) Act, s 448 (1))
(2) In this section:
subpoena includes summons.
(3) Subsection (2) and this subsection expire on the existing rules expiry
day under the Court Procedures Act 2004, section 60 (3).
302 Contravention of Small Claims Court order in
trespass proceeding (MC (CJ) Act, s 460 (2))
Part 5.2 Other
321 Regulation-making power
The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
Explanatory note
After the amendments made by this schedule, this part will consist of the
following sections:
• s 309 (prev this Act, s 254A)
• s 310 (prev this Act, s 51)
• s 311 (prev this Act, s 254B)
• s 312 (prev this Act, s 255AB)
• s 313 (prev this Act, s 255A)
• s 314 (prev this Act, s 255B)
• s 315 (prev this Act, s 255C)
• s 316 (prev this Act, s 54A)
• s 317 (prev this Act, s 60)
• s 318 (prev this Act, s 67)
• s 319 (prev this Act, s 68)
• s 320 (prev this Act, s 69)
• s 321 (prev this Act, s 258)
insert
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1 defines the
following terms:
• custodial escort
• function
• judge
• lawyer
• remand centre
• remand centre administrator.
administering authority, for an infringement notice offence,
for part 3.8 (Infringement notices for certain offences)—see
section 117.
administrator, for chapter 3 (Criminal proceedings)—see
section 18A.
another jurisdiction, for part 3.8 (Infringement notices for
certain offences)—see section 117.
appeal, for part 4.5 (Civil appeals)—see
section 272.
appearance—see section 311 (3A).
applicant, for part 4.6 (Small Claims Court)—see
section 278.
application, for part 4.6 (Small Claims Court)—see
section 278.
authorised person, for part 3.8 (Infringement notices for
certain offences)—see section 134A (3).
bailiff means a bailiff under this Act.
certified copies, of depositions, for division 3.5.6
(Indictable offences—other
provisions)—see section 105A.
claim means a claim under the rules.
common boundaries determination, for part 4.6 (Small Claims
Court)—see section 278.
contract application, for part 4.6 (Small Claims
Court)—see section 278.
conviction—
(a) means conviction by a magistrate for an offence; and
(b) for division 3.9.3 (Reciprocal enforcement of fines against bodies
corporate)—see section 166A.
court means the Magistrates Court.
Crimes Act, for chapter 3 (Criminal proceedings)—see
section 18A.
damages application, for part 4.6 (Small Claims
Court)—see section 278.
date of service, of an infringement notice or reminder notice
that has been, or is to be, served on a person, for part 3.8 (Infringement
notices for certain offences)—see section 117.
debt application, for part 4.6 (Small Claims Court)—see
section 278.
debt declaration, in relation to a proceeding, for part 4.6
(Small Claims Court)—see section 278.
decision, for chapter 3 (Criminal proceedings)—see
section 18A.
default notice, for division 3.9.2 (Enforcement of
fines)—see section 146.
defendant—
(a) for chapter 3 (Criminal proceedings)—see section 18A;
and
(b) for part 3.7 (Service and pleading by post for certain
offences)—see section 116A (1).
driver, of a vehicle, for part 3.8 (Infringement notices for
certain offences)—see section 117.
escort, for chapter 3 (Criminal proceedings)—see
section 18A.
fine—
(a) for division 3.9.2 (Enforcement of fines)—see section 146;
and
(b) for division 3.9.3 (Reciprocal enforcement of fines against bodies
corporate)—see section 166A.
fine defaulter, for division 3.9.2 (Enforcement of
fines)—see section 146.
goods application, for part 4.6 (Small Claims
Court)—see section 278.
government agency, for division 3.9.2 (Enforcement of
fines)—see section 146.
hearing includes the examination of a person charged with an
indictable offence.
home address, of a person, for part 3.8 (Infringement notices
for certain offences)—see section 117.
illegal user declaration, for part 3.8 (Infringement notices
for certain offences)—see section 131D.
indictable offence means an offence that may be prosecuted
before the Supreme Court by charge or indictment.
indictment means an information for an indictable offence
presented by an authorised officer to a court with jurisdiction to try the
accused person.
information includes a complaint brought to enforce a
criminal penalty or forfeiture under a Territory law.
infringement notice, for part 3.8 (Infringement notices for
certain offences)—see section 117.
infringement notice offence, for part 3.8 (Infringement
notices for certain offences)—see section 117.
infringement notice penalty, for a person for an infringement
notice offence, for part 3.8 (Infringement notices for certain
offences)—see section 117.
inquiry, for part 4.6 (Small Claims Court)—see section
278.
judgment, in relation to a proceeding in the Small Claims
Court, for part 4.5 (Civil appeals)—see section 272.
jury, for part 3.5 (Proceedings for indictable
offences)—see section 88A.
known offender declaration, for part 3.8 (Infringement
notices for certain offences)—see section 131E.
law in force in the ACT, for part 3.7 (Service and pleading
by post for certain offences)—see section 116A (1).
magistrate—
(a) means the Chief Magistrate, a magistrate, or a special magistrate and,
if a function of a magistrate is exercisable by a registrar, includes a
registrar exercising the function; and
(b) for division 2.2.1 (Appointment of Chief Magistrate and
magistrates)—see section 6A.
nuisance application, for part 4.6 (Small Claims
Court)—see section 278.
outstanding fine, for division 3.9.2 (Enforcement of
fines)—see section 146.
penalty notice, for division 3.9.2 (Enforcement of
fines)—see section 146.
prescribed offence, for part 3.7 (Service and pleading by
post for certain offences)—see section 116AA.
proceeding, for part 4.6 (Small Claims Court)—see
section 278.
reciprocating court, for division 3.9.3 (Reciprocal
enforcement of fines against bodies corporate)—see section 166A.
referee, for part 4.6 (Small Claims Court)—see section
278.
registered, for a vehicle, for part 3.8 (Infringement notices
for certain offences)—see section 117.
registered operator, for part 3.8 (Infringement notices for
certain offences)—see the Road Transport (Vehicle Registration) Act
1999, dictionary.
registrar means the registrar of the Magistrates Court, and
includes a deputy registrar of the court.
relevant officer, in relation to a reciprocating court, for
division 3.9.3 (Reciprocal enforcement of fines against bodies
corporate)—see section 166A.
reminder notice, for part 3.8 (Infringement notices for
certain offences)—see section 117.
respondent, for part 4.6 (Small Claims Court)—see
section 278.
responsible person, for a vehicle, for part 3.8 (Infringement
notices for certain offences)—see the Road Transport (General) Act
1999, section 10 and section 11.
rules—
(a) means rules under the Court Procedures Act 2004 applying in
relation to the Magistrates Court; and
(b) for part 4.6 (Small Claims Court) —see section 278.
Small Claims Court means the Magistrates Court when it is
exercising jurisdiction under part 4.6.
sold vehicle declaration, for part 3.8 (Infringement notices
for certain offences)—see section 131F.
State, for division 3.9.3 (Reciprocal enforcement of fines
against bodies corporate)—see section 166A.
summary conviction means conviction by a magistrate for an
offence.
superintendent, for a remand centre, for chapter 3 (Criminal
proceedings)—see section 18A.
Territory entity, for division 3.9.2 (Enforcement of
fines)—see the Auditor General Act 1996, dictionary.
Territory fine, for division 3.9.3 (Reciprocal enforcement of
fines against bodies corporate)—see section 166A.
trader’s plate, for part 3.8 (Infringement notices for
certain offences)—see the Road Transport (Vehicle Registration) Act
1999, dictionary.
trespass application, for part 4.6 (Small Claims
Court)—see section 278.
unknown offender declaration, for part 3.8 (Infringement
notices for certain offences)—see section 131G.
vehicle, for part 3.8 (Infringement notices for certain
offences)—see the Road Transport (Vehicle Registration)
Act 1999, dictionary.
Part
1.41 Magistrates Court (Agents
Infringement Notices) Regulations 2003
omit
part 8
substitute
part 3.8
[1.415] Regulation
3, note
omit
pt 8
substitute
pt 3.8
omit
part 8
substitute
part 3.8
Part
1.42 Magistrates Court (Charitable
Collections Infringement Notices) Regulations 2003
omit
part 8
substitute
part 3.8
[1.418] Regulation
3, note
omit
pt 8
substitute
pt 3.8
omit
part 8
substitute
part 3.8
Part
1.43 Magistrates Court (Fisheries
Infringement Notices) Regulations 2004
omit
part 8
substitute
part 3.8
[1.421] Regulation
3, note
omit
pt 8
substitute
pt 3.8
omit
part 8
substitute
part 3.8
Part
1.44 Magistrates Court (Hawkers
Infringement Notices) Regulations 2003
omit
part 8
substitute
part 3.8
[1.424] Regulation
3, note
omit
pt 8
substitute
pt 3.8
omit
part 8
substitute
part 3.8
Part
1.45 Magistrates Court (Lakes
Infringement Notices) Regulations 2004
omit
part 8
substitute
part 3.8
[1.427] Regulation
3, note
omit
pt 8
substitute
pt 3.8
omit
part 8
substitute
part 3.8
Part
1.46 Magistrates Court (Land Planning
and Environment Infringement Notices) Regulations 2003
omit
part 8
substitute
part 3.8
[1.430] Regulation
3, note
omit
pt 8
substitute
pt 3.8
omit
part 8
substitute
part 3.8
Part
1.47 Magistrates Court (Security
Industry Infringement Notices) Regulations 2003
omit
part 8
substitute
part 3.8
[1.433] Regulation
3, note
omit
pt 8
substitute
pt 3.8
omit
part 8
substitute
part 3.8
Part
1.48 Magistrates Court (Trade
Measurement Infringement Notices) Regulations 2002
omit
part 8
substitute
part 3.8
[1.436] Regulation
3, note
omit
pt 8
substitute
pt 3.8
omit
part 8
substitute
part 3.8
Part
1.49 Magistrates Court (Utilities
Infringement Notices) Regulations 2002
omit
part 8
substitute
part 3.8
[1.439] Regulation
3, note
omit
pt 8
substitute
pt 3.8
omit
part 8
substitute
part 3.8
Part
1.50 Magistrates Court Rules
1932
[1.441] New
rules 2, 3 and 3A
insert
2 Certain references to Act or the
Act
A reference to Act or the Act, without
mentioning a particular Act, is a reference to the Magistrates Court Act
1930.
3 Terms defined in Magistrates Court
Act
A term defined in the Magistrates Court Act 1930 has the same
meaning in these rules.
3A References to rules of Magistrates
Court
A reference to the rules of the Magistrates Court is a
reference to the rules under the Court Procedures Act 2004 applying in
relation to the Magistrates Court.
omit
the Act, section 256 (Forms)
substitute
the Court Procedures Act 2004
insert
Part 4 Criminal
proceedings
7 Examination of witnesses—application of
Magistrates Court (Civil Jurisdiction) Rules
The Magistrates Court (Civil Jurisdiction) Rules 2004,
section 202 (Order for examination of witnesses) applies in relation to
proceedings (criminal proceedings) on an information for an
offence against a law in force in the ACT as if a reference to proceedings were
a reference to criminal proceedings.
8 Affidavits—application of Magistrates Court
(Civil Jurisdiction) Rules
The following provisions of the Magistrates Court (Civil Jurisdiction)
Rules 2004 apply in relation to affidavits for use in a proceeding under the
Magistrates Court Act 1930, chapter 3 (Criminal proceedings):
• section 203 (Time for swearing affidavits)
• section 204 (Form of affidavit)
• section 205 (Irregularity in affidavit)
• section 210 (Affidavit by illiterate or blind person)
• section 211 (Affidavit by person unable to understand
English)
• section 212 (Annexures and exhibits to affidavits)
• section 213 (Alterations in affidavits)
• section 214 (Scandalous or offensive matter).
9 Warrants to which Act, div 3.4.4 applies (Act, s
73A)
The Magistrates Court Act 1930, division 3.4.4 (Committal and
recognisance) applies in relation to a person for whom a warrant has been issued
under the Magistrates Court (Civil Jurisdiction)
Rules 2004.
Explanatory note
After the amendments made by this schedule, this part will consist of the
following rules:
• r 10 (prev the Magistrates Court Act 1930, s 23)
• r 11 (prev the Magistrates Court Act 1930, s 23AA)
• r 12 (prev the Magistrates Court Act 1930, s 60A)
• r 13 (prev the Magistrates Court Act 1930, s 61)
• r 14 (prev the Magistrates Court Act 1930, s 62)
• r 15 (prev the Magistrates Court Act 1930, s 62A)
• r 16 (prev the Magistrates Court Act 1930, s 66)
• r 17 (prev the Magistrates Court Act 1930, s 66A)
• r 18 (prev the Magistrates Court Act 1930, s 154A)
• r 19 (prev the Magistrates Court Act 1930, s 154B)
• r 20 (prev the Magistrates Court Act 1930, s 154C)
• r 21 (prev the Magistrates Court Act 1930, s 247)
omit
the Act, section 148
substitute
the Magistrates Court Act 1930, section 148
omit
the Act, section 256 (Forms)
substitute
the Court Procedures Act 2004
omit
the Act, section 256 (Forms)
substitute
the Court Procedures Act 2004
omit
by the Magistrates Court (Civil Jurisdiction) Act 1982
substitute
under the Magistrates Court (Civil Jurisdiction) Rules
2004
Part
1.51 Magistrates Court (Civil
Jurisdiction) Act 1982
Division 1.51.1 Amendments of pt
2
omit
(2)
omit
proceedings referred to in subsection (1)
substitute
a civil action for nuisance
[1.450] Section
8 (2) (as amended)
relocate to Magistrates Court Act 1930, part 5.1 in section
292
Division 1.51.2 Amendments of pt
3
substitute
(2) If the registrar is satisfied that an originating process lodged with
the registrar complies with these rules, the registrar must file the original of
the process.
Note The Court Procedures Act 2004, s 14 provides that a
determined fee is payable in advance in accordance with the determination. The
Legislation Act, s 57 (3) (Fees payable in accordance with determination etc)
provides that if a fee is payable in relation to a service mentioned in the
determination (in this case, for filing the process) and the fee has not been
paid in accordance with the determination, no-one is obliged to provide the
service (ie the registrar is not obliged to file the process).
[1.452] Section
18 (5) (c)
substitute
(c) the amount mentioned in the Supreme Court Rules, order 3
rule 2 (a), multiplied by the prescribed percentage; and
omit
under this Act
omit
this Act
substitute
these rules
[1.455] Section
22 (1) and (2)
omit
(other than this Act)
substitute
(other than the Magistrates Court Act 1930, chapter 4 and these
rules)
in part 3, insert
22A Originating process struck out after 1
year
(1) An originating process is taken to be struck out 1 year after the day
it is served if—
(a) notice of grounds of defence has not been filed; or
(b) judgment has not been entered or the matter not otherwise disposed
of.
(2) A person whose originating process has been struck out under this
section may file a new originating process within 1 year after the day it was
struck out, even if the limitation period for the cause of action the subject of
the originating process has ended.
(3) This section applies to an originating process filed on or after the
day this section commences.
(4) Subsection (3) and this subsection expire 1 year after the day this
section commences.
[1.457] Part
3 (as amended)
relocate to Magistrates Court (Civil Jurisdiction) Rules 2004 as part
3
Division 1.51.3 Amendments of pt
4
omit
this Act
substitute
these rules
[1.459] Part
4 (as amended)
relocate to Magistrates Court (Civil Jurisdiction) Rules 2004 as part
4
Division 1.51.4 Amendment of pt
5
relocate to Magistrates Court (Civil Jurisdiction) Rules 2004 as part
5
Division 1.51.5 Amendments of pt
6
omit
If, in proceedings
substitute
(1) If, in proceedings
omit
costs as prescribed
substitute
the allowable costs
[1.463] New
section 43 (2)
insert
(2) In this section:
allowable costs means the amount mentioned in the Supreme
Court Rules, order 3 rule 3 (2), multiplied by the prescribed
percentage.
[1.464] Section
48 (1) and (3)
omit
under this Act
omit
this Act
substitute
these rules
omit
this Act applies
substitute
these rules apply
[1.467] Part
6 (as amended)
relocate to Magistrates Court (Civil Jurisdiction) Rules 2004 as part
6
Division 1.51.6 Amendment of pt
7
relocate to Magistrates Court (Civil Jurisdiction) Rules 2004 as part
7
Division 1.51.7 Amendments of pt
8
[1.469] Sections
60 (1) and 63
omit
this Act
substitute
these rules
[1.470] Part
8 (as amended)
relocate to Magistrates Court (Civil Jurisdiction) Rules 2004 as part
8
Division 1.51.8 Amendment of pt
9
relocate to Magistrates Court (Civil Jurisdiction) Rules 2004 as part
9
Division 1.51.9 Amendments of pt
10
omit
this Act
substitute
these rules
[1.473] Part
10 (as amended)
relocate to Magistrates Court (Civil Jurisdiction) Rules 2004 as part
10
Division 1.51.10 Amendments of pt
11
[1.474] Sections
86 (3), 88 (1), 88 (6) and 98 (6)
omit
this Act
substitute
these rules
[1.475] Part
11 (as amended)
relocate to Magistrates Court (Civil Jurisdiction) Rules 2004 as part
11
Division 1.51.11 Amendments of pt
12
omit
this Act
substitute
these rules
[1.477] Part
12 (as amended)
relocate to Magistrates Court (Civil Jurisdiction) Rules 2004 as part
12
Division 1.51.12 Amendments of pt
13
[1.478] Sections
123 (4) (c), 125 (1), 130, 132 (1), 133, 138 (1), 173 and
177
omit
this Act
substitute
these rules
[1.479] Part
13 (as amended)
relocate to Magistrates Court (Civil Jurisdiction) Rules 2004 as part
13
Division 1.51.13 Amendments of pt
14
omit
this Act
substitute
these rules
omit
Explanatory note
This section is no longer necessary because of the Magistrates Court Act
1930, section 51 (which is relocated as section 310).
[1.482] Division
14.3 heading
substitute
Division 14.3 Subpoena to
witness
[1.483] Section
187 heading
substitute
187 Issue of subpoena
[1.484] Section
187 (1) to (4)
omit
summons
substitute
subpoena
omit
summonses
substitute
subpoena
[1.486] Section
187 (7) (a)
substitute
(a) a subpoena issued under the rules to give evidence or produce a
document or anything else (or both) has been served on a person in accordance
with the rules; and
[1.487] Section
187 (7) (b) and (c)
omit
summons
substitute
subpoena
relocate to Magistrates Court Act 1930, part 5.1 as section 293
(1)
omit
subsection (7)
substitute
the Magistrates Court Act 1930, section 293
omit
summons
substitute
subpoena
[1.491] Section
187 (10) (b)
omit
duces tecum
renumber subsections when rules next republished under Legislation
Act
[1.493] Sections
188 to 190
omit
summons
substitute
subpoena
substitute
192 Stay of proceedings
Proceedings may be stayed—
(a) at any time by the court on the conditions the court considers just;
or
(b) in accordance with these rules.
omit
[1.496] Part
14 (as amended) (other than section 187 (7))
relocate to Magistrates Court (Civil Jurisdiction) Rules 2004 as part
14
Division 1.51.14 Amendments of pt
15
omit
[1.498] Section
200 (1) (a)
omit
summons
substitute
subpoena
[1.499] Part
15 (as amended)
relocate to Magistrates Court (Civil Jurisdiction) Rules 2004 as part
15
Division 1.51.15 Amendments of pt
16
omit
(4)
omit
subsection (1) (a)
substitute
the rules for the delivery of detained goods
[1.502] Section
217 (4) (as amended)
relocate to Magistrates Court Act 1930, part 5.1 in
section 294
renumber subsections when Act next republished under Legislation
Act
omit
this Act
substitute
these rules
omit
this Act
substitute
the Magistrates Court Act 1930, chapter 4 (Civil proceedings) or
these rules
omit
this Act
substitute
these rules
substitute
230 Interest up to judgment
(1) In a proceeding for the recovery of money (including a debt, damages
or the value of goods), the court must, on application, unless good cause is
shown to the contrary—
(a) order that interest be included in the amount for which judgment is
given or entered—
(i) at the rate it considers appropriate on all or part of the amount;
and
(ii) for all or part of the period between the day the cause of action
arose and the day judgment takes effect; or
(b) order that a lump sum be included in the amount for which judgment is
given or entered instead of interest worked out under paragraph (a).
(2) Subsection (3) applies if—
(a) a proceeding has been begun for the recovery of a debt or liquidated
damages; and
(b) payment of all or part of the debt or damages is made during the
proceeding and before or without judgment being given or entered in relation to
the debt or damages.
(3) If this subsection applies, the court may, on application, order that
interest be paid—
(i) at the rate it considers appropriate on all or part of the amount
paid; and
(ii) for all or part of the period between the day the cause of action
arose and the day of the payment.
(4) This section does not—
(a) authorise the giving of interest on interest or a lump sum instead of
interest on interest; or
(b) apply in relation to a debt on which interest is payable as of right
because of agreement or otherwise; or
(c) affect the damages recoverable for the dishonour of a bill of
exchange.
(5) Subsection (6) applies if the amount for which judgment is given or
entered (the relevant amount) includes, or if the court decides
that the relevant amount includes, an amount (the particular
amount) for—
(a) compensation for liabilities incurred that do not carry interest as
against the person claiming interest or claiming a lump sum instead of interest;
or
(b) compensation for loss or damage to be incurred or suffered after the
day judgment is given; or
(c) exemplary or punitive damages.
(6) If this subsection applies, interest or a lump sum instead of
interest, must not be given under subsection (1) in relation to the particular
amount.
substitute
(2) The amount of interest is to be worked out at the rate percentage per
year as follows:
(a) if a proceeding is begun on or after 15 July 1992 but before the day
mentioned in paragraph (b)—
(i) for 15 July 1992 to and including 14 January 1993—11.5%;
and
(ii) for 15 January 1993 to and including 31 January 1994—10%;
and
(iii) for 1 February 1994 to and including 31 July 1995—9%;
and
(iv) for 1 August 1995 to and including 31 March 1997—10.75%;
and
(v) for 1 April 1997 to and including 30 April 1998—9.55%;
and
(vi) for 1 May 1998 to and including the day before the day mentioned in
paragraph (b)—8.45%;
(b) if a proceeding is begun on or after the day the Court Procedures
Act 2004 commences—at the rate applying under the rules under that
Act applying in relation to the Supreme Court.
substitute
234 Interest on judgments
(1) Unless the court orders otherwise, interest is payable on the amount
of a judgment debt that is unpaid.
(2) Interest under subsection (1) forms part of the judgment debt, but
interest is not payable on interest.
(3) Interest under subsection (1) is worked out—
(a) from the day the judgment took effect or from a later date (if any)
decided by the court; and
(b) for any period before 10 April 1995—at the rate applying under
the Supreme Court Act 1933, section 70 (Interest on judgments);
and
(c) for any period on or after 10 April 1995 but before the period
mentioned in paragraph (d)—at the rate applying under
section 231 (2); and
(d) for any period on or after the commencement of the Court Procedures
Act 2004—at the rate applying under the rules under that Act
applying in relation to the Supreme Court.
[1.510] Part
16 (as amended) (other than section 217 (4))
relocate to Magistrates Court (Civil Jurisdiction) Rules 2004
as part 16
Division 1.51.16 Amendment of pt
17
relocate to Magistrates Court (Civil Jurisdiction) Rules 2004
as part 17
Division 1.51.17 Amendments of pt
18
[1.512] Sections
246 (b), 248 (2) and 250
omit
this Act
substitute
these rules
[1.513] Section
256 heading
omit
Act
substitute
rules
[1.514] Sections
256 and 259 (2) and (3)
omit
this Act
substitute
these rules
omit
sections 18 (4) (c) and 43, the prescribed costs
substitute
section 18 (5) (c) and section 43, the prescribed scale of costs
[1.516] New
section 259 (6)
insert
(6) In this section:
prescribed scale of costs means the scale of costs applying
from time to time under the Supreme Court Rules, multiplied by the
prescribed percentage.
[1.517] Sections
271 (1) and 281 (1)
omit
this Act
substitute
these rules
[1.518] Part
18 (as amended)
relocate to Magistrates Court (Civil Jurisdiction) Rules 2004
as part 18
Division 1.51.18 Amendments of pt
19
[1.519] Section
324 (1), definition of garnishee order
omit
this Act
substitute
these rules
omit
(1)
omit
(2)
omit
A person
substitute
A garnishee under a garnishee order made by the court
omit
under subsection (1)
substitute
given under the rules to the judgment creditor
[1.524] Section
329 (2) (as amended)
relocate to Magistrates Court Act 1930, part 5.1 in
section 295
[1.525] Section
332 (3) (c)
omit
this Act
substitute
these rules
omit
(1)
[1.527] Section
337 (1) (as amended)
relocate to Magistrates Court Act 1930, part 5.1 in
section 296
omit
(2)
omit
(not exceeding the prescribed amount)
substitute
(not more that $19)
omit
(1) If a garnishee order
substitute
If a garnishee order made by the court
[1.531] Section
340 (1) (as amended)
relocate to Magistrates Court Act 1930, part 5.1 in
section 297
omit
(2)
omit
subsection (1)
substitute
the Magistrates Court Act 1930, section 297
omit
made.
substitute
made by the court.
[1.535] Section
341 (as amended)
relocate to Magistrates Court Act 1930, part 5.1 as
section 298
[1.536] Section
347 (1) (b)
omit
does not exceed the prescribed amount
substitute
is not more than $1 000
relocate to Magistrates Court Act 1930, part 5.1 as
section 299
[1.538] Part
19 (as amended) (other than sections 329 (2), 337 (1), 340 (1) and
341)
relocate to Magistrates Court (Civil Jurisdiction) Rules 2004
as part 19
Division 1.51.19 Amendments of pt
21
[1.539] Sections
385 to 387A
omit
omit
section 387 (1) or section 387A
substitute
the Magistrates Court Act 1930, section 274 (Cases in which appeal
may be brought) or section 275 (Appeals—Small Claims Court)
[1.541] Sections
391 and 392
omit
[1.542] Part
21 (as amended)
relocate to Magistrates Court (Civil Jurisdiction) Rules 2004
as part 21
Division 1.51.20 Amendments of pt
22
[1.543] Section
394, definition of application
omit
this Act
substitute
these rules
[1.544] Section
394, definition of debt application
substitute
debt application means an application for the recovery of a
debt.
[1.545] Section
394, definition of referee
substitute
referee means a referee appointed under the Magistrates
Court Act 1930, section 280 (Referees—appointment)
[1.546] Section
394, definition of summons
substitute
subpoena means a subpoena issued under section 444
(1).
omit
section 471 (Approved forms)
substitute
the Court Procedures Act 2004
[1.548] Section
395 heading
omit
Act
substitute
rules
omit
this Act
substitute
these rules
omit
sections 5 and 9 and
omit
substitute
Division 22.5 Striking out
application
418 Originating applications struck out after 1
year
(1) An application beginning a proceeding is taken to be struck out
1 year and 22 days after the day it is filed if—
(a) a response has not been filed; or
(b) judgment has not been entered or the application not otherwise
disposed of.
(2) An applicant whose application has been struck out under this section
may file a new application within 1 year after the day it was struck out, even
if the limitation period for the cause of action the subject of the application
has ended.
(3) This section applies to an application filed on or after the day this
section commences.
(4) Subsection (3) and this subsection expire 1 year after the day this
section commences.
omit
Explanatory note
This section is replaced by new section 285 in the Magistrates Court
Act 1930.
[1.554] Section
428 (1) (a)
omit
this Act
substitute
these rules
omit
Explanatory note
This section is replaced by an amendment of the Magistrates Court
Act 1930, section 51 (which is relocated as section 310).
[1.556] Section
438 (3) (a)
omit
this Act
substitute
these rules
[1.557] Sections
444 and 445
omit
summons
substitute
subpoena
[1.558] Section
446 heading
substitute
446 Retention of subpoened documents and
things
[1.559] Sections
446 (1) and (3) and 447
omit
summons
substitute
subpoena
[1.560] Section
448 heading
substitute
448 Enforcement of subpoena
omit
a summons
substitute
a subpoena of the Small Claims Court
omit
the summons
substitute
the subpoena
[1.563] Section
448 (1) (as amended)
relocate to Magistrates Court Act 1930, part 5.1 as section 300
(1)
omit
(2)
omit
subsection (1)
substitute
the Magistrates Court Act 1930, section 300
[1.566] Section
448 (2) (a)
omit
summons
substitute
subpoena
[1.567] Section
449 heading
substitute
301 Witness before Small Claims Court to answer
questions
[1.568] Section
449 (as amended)
relocate to Magistrates Court Act 1930, part 5.1 as
section 301
[1.569] Sections
454 and 455
substitute
454 Interest up to judgment—Small Claims
Court
(1) Section 230 (Interest up to judgment) applies in relation to a
proceeding in the Small Claims Court as if it were a proceeding on a claim under
part 3.
(2) Section 231 (Judgment by default, confession or
agreement—interest) applies to a default judgment in the Small Claims
Court as if the judgment were a judgment by default under section 43.
(3) Section 231 applies to a consent judgment in the Small Claims Court as
if the judgment were a judgment by agreement under section 45.
455 Interest on judgment debts
(1) Unless the Small Claims Court orders otherwise, interest is payable on
the amount of a judgment debt that is unpaid.
(2) Interest under subsection (1) forms part of the judgment debt, but
interest is not payable on interest.
(3) Interest under subsection (1) is worked out—
(a) from the day the judgment took effect, or from a later date
(if any) decided by the Small Claims Court; and
(b) at the rate under section 234 (3) (Interest on
judgments).
omit
this or any other Act
substitute
these rules or any other Territory law
omit
(1) Subject to this Act
substitute
Subject to these rules
omit
(2)
omit
of the court in proceedings referred to in subsection (1)
substitute
of the Small Claims Court in a proceeding on a trespass application (within
the meaning of part 4.6)
[1.574] Section
460 (2) (as amended)
relocate to Magistrates Court Act 1930, part 5.1 in
section 302
[1.575] Part
22 (as amended) (other than sections 448 (1), 449 and 460
(2))
relocate to Magistrates Court (Civil Jurisdiction) Rules 2004
as part 22
Division 1.51.21 Amendments of pt
23
[1.576] Sections
470 and 471
omit
[1.577] Sections
473 (4), 478 (3) (c), 481 (1), 482 (2), 484, 489, 490 (1) and (3), 491, 492
(1) and 493
omit
this Act
substitute
these rules
omit
[1.579] Part
23 (as amended)
relocate to Magistrates Court (Civil Jurisdiction) Rules 2004
as part 23
Part
1.52 Magistrates Court (Civil
Jurisdiction) Regulations 1987
omit everything before paragraph (a), substitute
(3) For subsection (2)—
omit
annum
substitute
year
[1.582] Regulation
3 (as amended)
relocate to Magistrates Court (Civil Jurisdiction) Rules 2004
as section 231 (3)
substitute
(1) A bailiff must keep, in the appropriate approved form or as directed
by the registrar, records in relation to process required to be served or
executed by the bailiff.
omit
subregulation
substitute
subsection
[1.585] Regulations
6 to 12 (as amended)
relocate to Magistrates Court (Civil Jurisdiction) Rules 2004
as sections 380B to 380H
omit
(see reg 3)
substitute
(see s 231)
omit
per annum
substitute
per year
[1.588] Schedule
1 (as amended)
relocate to Magistrates Court (Civil Jurisdiction) Rules 2004
as schedule 1
Part
1.53 Married Persons Property Act
1986
omit
determine
substitute
decide
substitute
14 Jurisdiction of Magistrates
Court
The jurisdiction of the Magistrates Court to hear and decide a question
mentioned in section 13 is—
(a) subject to the Magistrates Court Act 1930, section 264
(Proceedings affecting title to land); and
(b) limited to a case where the question relates to property having a
value that is not more than the amount mentioned in the Magistrates Court Act
1930, section 257 (1) (Personal actions at law—amount or
value).
omit
determined
substitute
decided
Part
1.54 Medical Practitioners Act
1930
omit
Arrest on Mesne Process Act 1902
substitute
Court Procedures Act 2004, sections 63 to 69
[1.593] New
section 51 (6)
insert
(6) Subsection (5) and this subsection expire on the existing rules expiry
day under the Court Procedures Act 2004, section 60 (3).
Part
1.55 Mental Health (Treatment and
Care) Act 1994
[1.594] Section
83 (3) (b)
omit
part 6
substitute
part 3.5 (Proceedings for indictable offences)
omit everything before paragraph (a), substitute
(3) An appeal may be begun—
Part
1.56 Nurses Act
1988
omit
Arrest on Mesne Process Act 1902, part 2
substitute
Court Procedures Act 2004, sections 63 to 69
[1.597] New
section 74 (4)
insert
(4) Subsection (3) and this subsection expire on the existing rules expiry
day under the Court Procedures Act 2004, section 60 (3).
Part
1.57 Oaths and Affirmations Act
1984
substitute
5 Certain provisions subject to court
rules
The following provisions of this Act are subject to rules made, and forms
approved, under the Court Procedures Act 2004:
• section 7 (Oath or affirmation by witness)
• section 8 (Oath or affirmation by interpreter of spoken
language)
• section 9 (Oath or affirmation by interpreter of signs)
• section 10 (Oath or affirmation by deponent to affidavit)
• section 11 (Authority to administer oath etc)
• section 12 (Swearing or affirming of affidavit)
• section 13 (Affidavit by affirmation)
• part 5 (Manner of taking oaths and making affirmations).
Part
1.58 Optometrists Act
1956
omit
Arrest on Mesne Process Act 1902, part 2
substitute
Court Procedures Act 2004, sections 63 to 69
[1.600] New
section 52 (3)
insert
(3) Subsection (2) and this subsection expire on the existing rules expiry
day under the Court Procedures Act 2004, section 60 (3).
Part
1.59 Physiotherapists Act
1977
omit
Arrest on Mesne Process Act 1902, part 2
substitute
Court Procedures Act 2004, sections 63 to 69
[1.602] New
section 45 (4)
insert
(4) Subsection (3) and this subsection expire on the existing rules expiry
day under the Court Procedures Act 2004, section 60 (3).
Part
1.60 Podiatrists Act
1994
omit
Arrest on Mesne Process Act 1902, part 2
substitute
Court Procedures Act 2004, sections 63 to 69
[1.604] New
section 43 (3)
insert
(3) Subsection (2) and this subsection expire on the existing rules expiry
day under the Court Procedures Act 2004, section 60 (3).
Part
1.61 Protection Orders Act
2001
[1.605] Section
95 (3) (b)
substitute
(b) is a judgment debt enforceable in accordance with the rules under the
Court Procedures Act 2004 applying in relation to the civil jurisdiction
of the Magistrates Court.
omit
[1.607] Dictionary,
definition of registrar, paragraph (b)
substitute
(b) see the Magistrates Court Act 1930, dictionary.
Part
1.62 Protection Orders Regulations
2002
[1.608] Regulations
19 and 23, notes
substitute
Note If a form is approved under the Court Procedures Act
2004 for this provision, the form must be used.
[1.609] Division
5.3 heading
substitute
Division 5.3 Subpoenas
[1.610] Regulation
28 heading
substitute
28 Issue of subpoena
[1.611] Regulation
28 (1)
omit
summons
substitute
subpoena
[1.612] Regulation
28 (1), note
substitute
Note If a form is approved under the Court Procedures Act
2004 for this provision, the form must be used.
[1.613] Regulation
28 (2)
omit
summons
substitute
subpoena
[1.614] Regulation
29 heading
substitute
29 Copies of subpoenas
[1.615] Regulation
29 (1)
omit
summons
substitute
subpoena
[1.616] Regulation
29 (2)
omit
summonses
substitute
subpoenas
[1.617] Regulation
30 to 34
omit
summons
substitute
subpoena
[1.618] Regulation
35 (1), note
substitute
Note If a form is approved under the Court Procedures Act
2004 for this provision, the form must be used.
[1.619] Regulation
35 (2)
omit
summons
substitute
subpoena
[1.620] Regulations
41 (1), 43 (1), 44 (1), 68 (1), 69 (1), 73, 74 (3), 80 (1) and (2), 85 (1) and
86 (1), notes
substitute
Note If a form is approved under the Court Procedures Act
2004 for this provision, the form must be used.
[1.621] Regulation
89 (4)
substitute
Costs under subregulation (2) are recoverable as if they were costs awarded
by the Magistrates Court in a civil proceeding.
[1.622] Dictionary,
definition of summons for production
substitute
subpoena for production, for division 5.3
(Subpoenas)—see regulation 28 (Issue of subpoena).
Part
1.63 Psychologists Act
1994
omit
Arrest on Mesne Process Act 1902, part 2
substitute
Court Procedures Act 2004, sections 63 to 69
[1.624] New
section 45 (3)
insert
(3) Subsection (2) and this subsection expire on the existing rules expiry
day under the Court Procedures Act 2004, section 60 (3).
Part
1.64 Remand Centres Act
1976
[1.625] Section
15 (1) (b)
substitute
(b) a person committed under 1 of the following provisions of the
Magistrates Court Act 1930:
• section 84 (Particular cases may be adjourned)
• section 90A (Plea of guilty in committal proceedings)
• section 92A (Committal for sentence for indictable offence tried
summarily)
• section 94 (Discharge or committal for trial)
• section 105 (Court may commit refractory witness)
• section 154D (Committal to prison—fine defaulters)
• section 312 (Failure to give evidence—committal);
Part
1.65 Residential Tenancies Act
1997
[1.626] Sections
124 to 126
substitute
124 Referral of questions of law
(1) If the tribunal considers that a question of law raises an issue of
public importance, the tribunal may refer the question to the Supreme
Court.
(2) The tribunal may act under subsection (1) on its own initiative or on
application by a party.
125 Appeals from tribunal
decisions
(1) A party to a tribunal hearing may, with the Supreme Court’s
leave, appeal to the court on a question of law from a decision of the tribunal
in the hearing.
(2) An appeal by a person under subsection (1) must be begun
within—
(a) 28 days after the day notice of the tribunal’s order is given to
the person under section 105; or
(b) if the person has asked for a statement of reasons under
section 106—28 days after the day the statement of reasons is given
to the person; or
(c) any further time the Supreme Court allows (whether on, before or after
a day mentioned in paragraph (a) or (b)).
(3) The Supreme Court must decide the appeal, and may make any of the
following orders:
(a) an order confirming or setting aside the decision of the
tribunal;
(b) an order remitting the case to be heard and decided again, either with
or without the hearing of further evidence, by the tribunal in accordance with
the court’s directions;
(c) an order for costs.
(4) The Supreme Court may also make any other order the court considers
appropriate.
(5) This section applies in relation to a decision of the tribunal made on
or after the day this section commences.
(6) Subsection (5) and this subsection expire 1 year after the day this
section commences.
substitute
131 Proceedings by children
(1) A proceeding under this Act may be begun by a child as if he or she
were an adult.
(2) The rules in force under the Court Procedures Act 2004 that
apply in relation to the approval of settlements and compromises, and amounts
ordered or agreed to be paid, in a civil proceeding brought in the Magistrates
Court by a child apply in relation to a proceeding brought under this Act by a
child.
(3) The rules mentioned in subsection (2) apply as if all necessary
changes, and any changes prescribed under the regulations, were made.
Part
1.66 Road Transport (Driver Licensing)
Act 1999
[1.628] Section
37 (1) (d)
substitute
(d) to a court officer for the recovery of a fine (including proceedings
under the Magistrates Court Act 1930, division 3.9.2 (Enforcement of
fines)); or
Part
1.67 Road Transport (General) Act
1999
substitute
(2) The person may apply to the Magistrates Court for an order setting
aside the road transport authority’s decision.
after
summons,
insert
subpoena
Part
1.68 Set-off of Debts Act
1728
relocate to Court Procedures Act 2004, division 7.5 as section
84
Part
1.69 Set-off of Debts Act
1735
omit
section 13, and hereby made perpetual,
substitute
section 84
[1.633] Section
5 (as amended)
relocate to Court Procedures Act 2004, division 7.5 as section
85
Part
1.70 Supreme Court Act
1933
omit
of court
[1.635] Sections
9 (1) and (2)
omit
by rules of court
substitute
under the rules
omit
by the rules of court
substitute
under the rules
[1.637] Section
10 (1) and (2)
omit
by rules of court
substitute
under the rules
omit
by the rules of court
substitute
under the rules
[1.639] Section
13 (4) (a)
omit
of court
omit
by rules of court
substitute
under the rules
omit
rules of court
substitute
the rules
omit
omit
renumber subsections when Act next republished under the Legislation
Act
[1.645] Sections
37 to 37D
omit
[1.646] Sections
47 (2), note and 51 (1), note
omit
of court
substitute
54 How evidence is to be given
(1) Evidence in any suit must be given orally in open court.
(2) Subsection (1) is subject to—
(a) any agreement of the parties to the contrary; and
(b) any other Territory law.
omit
by rules of court
substitute
under the rules
[1.649] Section
58A (2), definition of depositions,
paragraph (a)
omit
section 255B (2)
substitute
section 300 (2)
substitute
(b) under the seal of the court or any other seal prescribed under these
rules; and
[1.651] Section
65 (as amended)
relocate to Supreme Court Rules, as order 1 rule 5
omit
relocate to Supreme Court Rules as order 42A rule 1
omit
omit
[1.656] Dictionary,
new definition of rules
insert
rules means—
(a) rules under the Court Procedures Act 2004 applying in relation
to the court; or
(b) rules under this Act, section 36.
Part
1.71 Supreme Court
Rules
[1.657] Order
1 rule 4, definition of Act, paragraph (a)
omit
[1.658] Order
1 rule 4, definition of Act, note
substitute
Note See also r 5.
[1.659] Order
1 rule 4, definition of Act
renumber paragraphs when Act next republished under Legislation
Act
[1.660] Order
1 new rules 5 to 7
insert
5 Certain references to Act or the
Act
A reference to Act or the Act, without
mentioning a particular Act, is a reference to the Supreme Court Act
1933.
6 Terms defined in Supreme Court
Act
A term defined in the Supreme Court Act 1933 has the same meaning in
these rules.
7 References to forms by number
A reference to a form by number is a reference to the form so numbered
that—
(a) is approved under the Court Procedures Act 2004; and
(b) either—
(i) was in force under the Supreme Court Act 1933 immediately
before the commencement of the Court Procedures Act 2004; or
(ii) is expressed to be made for these rules or the court.
[1.661] Order
2 rule 11 (2) (a)
substitute
(a) an order under order 42A rule 1 (Interest up to judgment);
or
omit
the Act, section 69
substitute
order 42A rule 1 (Interest up to judgment)
omit
Magistrates Court (Civil Jurisdiction) Act 1982, section
202.
substitute
rules under the Court Procedures Act 2004 applying to an order for
the examination of witnesses in a civil proceeding in the Magistrates
Court.
[1.664] Order
42A heading
substitute
Order 42A Interest up to and on
judgments
omit everything before the table, substitute
2 Interest on judgments
A judgment debt under a judgment of the court carries interest at the rate
applying under the following table from the day judgment is entered:
Explanatory note
The Supreme Court Act 1933, section 69 (Interest up to judgment) is
relocated as Order 42A rule 1 by another amendment in this schedule.
omit
Judgment Creditors Remedies Act 1901
substitute
Court Procedures Act 2004, division 7.6 (Judgment creditor
remedies)
[1.667] Order
52 rule 23 (2) (a)
substitute
(a) at the rate fixed from time to time under order 42A rule 2 (Interest
on judgments); or
[1.668] Order
61A rule 1 (e)
omit
the Act, section 69
substitute
order 42A rule 1 (Interest up to judgment)
[1.669] Order
61A rule 1 (h)
substitute
(h) in trials and hearings of matters that, if begun in the Magistrates
Court, would have been within the jurisdiction of the Magistrates Court under
the Magistrates Court Act 1930; chapter 4 (Civil proceedings);
and
[1.670] Order
61A rule 1 (t) and (u)
substitute
(t) in the hearing and deciding of applications under the following
provisions of the Magistrates Court Act 1930 regarding the transfer of
proceedings:
• section 268 (Transfer of action from Supreme Court)
• section 270 (Removal of proceedings into Supreme Court)
• section 271 (Stay of proceedings); and
(u) in the hearing and deciding of interlocutory applications under the
Magistrates Court Act 1930, part 4.5 (Civil appeals) in relation to
appeals; and
[1.671] Order
65 rule 7A (7), definitions of Magistrates Court determined fee and
Supreme Court determined fee
substitute
Magistrates Court determined fee means the relevant
determined fee under the Court Procedures Act 2004, part 3 (Court and
tribunal fees).
Supreme Court determined fee means the relevant determined
fee under the Court Procedures Act 2004, part 3 (Court and tribunal
fees).
[1.672] Order
66 rule 2 heading
substitute
2 General heading style—civil proceedings
forms
[1.673] Order
66 rule 2 (1)
omit
form in schedule 1, part 1.1 (Civil proceedings forms)
substitute
form approved under the Court Procedures Act 2004 for use in Supreme
Court civil proceedings
[1.674] Order
66 rule 11 (1), note
substitute
Note A fee may be determined under the Court Procedures Act
2004 for this provision.
substitute
Order 69A Applications to transfer
proceedings—Magistrates Court Act, pt 4.4
1 Applications by motion
(1) An application under the Magistrates Court Act 1930,
section 268 (Transfer of action from Supreme Court) must be made by motion on
notice under order 54 (Motions).
(2) An application under the Magistrates Court Act
1930, section 270 (Removal of proceedings into Supreme Court) or section 271
(Stay of proceedings) must be made by motion on notice under order 54 supported
by affidavit.
omit
schedule 1, part 1.2
substitute
a form approved under the Court Procedures Act 2004 for use in a
proceeding under the Act
omit
schedule 1, part 1.3
substitute
a form approved under the Court Procedures Act 2004 for use in a
proceeding under the Act
[1.678] Order
80 rule 16 (1) note
substitute
Note A fee may be determined under the Court Procedures Act
2004 for this provision.
omit
schedule 1, part 1.5
substitute
a form approved under the Court Procedures Act 2004 for use in a
proceeding under the Act
[1.680] Order
84 rule 2, note, table, item 3
omit
Discrimination Act 1991, section
108D
substitute
Discrimination Act 1991, section
108DB
[1.681] Order
84 rule 2, note, table, item 5
omit
Magistrates Court Act 1930,
divisions 11.1 and 11.2
Magistrates Court (Civil Jurisdiction)
Act 1982, part 21
substitute
Magistrates Court Act 1930,
division 3.10.1, division 3.10.2 and part 4.5
[1.682] Order
84 rule 2, note, table, item 8
omit
Residential Tenancies Act 1997,
section 126
substitute
Residential Tenancies Act 1997,
section 125
[1.683] Order
84 rule 2, note, table, item 9
omit
Magistrates Court (Civil Jurisdiction)
Act 1982, part 21
substitute
Magistrates Court Act 1930, part
4.5
[1.684] Order
85 rule 3 (b)
omit
Magistrates Court Act 1930
substitute
Magistrates Court
omit
Part
1.72 Utilities Act
2000
substitute
(2) The notice about a direction to pay an amount under section 209 must
include a statement about the right to enforce the direction in accordance with
the rules in force under the Court Procedures Act 2004 applying in
relation to the Small Claims Court.
after
this Act
insert
(other than part 11)
Part
1.73 Victims of Crime (Financial
Assistance) Act 1983
[1.688] Section
2, definition of file
omit
[1.689] Sections
7 (1) (b) and 26
omit
determined
substitute
decided
omit
shall be filed with the office of the registrar within the period
of
substitute
must be filed in the Magistrates Court within
[1.691] Section
27 (4) (b)
omit
the determination of
substitute
deciding
substitute
28 Proceedings on applications
(1) The Magistrates Court (Civil Jurisdiction) Rules 2004 apply in
relation to a proceeding in the Magistrates Court on an application for
financial assistance as if—
(a) the proceeding were begun in the court by filing an application
mentioned in those rules, section 22; and
(b) all other necessary changes, and any changes prescribed under the
regulations, were made.
(2) The Territory has a right of appearance in a proceeding on an
application.
(3) If the Territory enters an appearance, it is a party to the
proceeding.
(4) Subsection (1) and this subsection expire on the existing rules expiry
day under the Court Procedures Act 2004, section 60 (3) or, if an earlier
day is fixed under the rules under that Act, that day.
omit
determined
substitute
decided
[1.694] Sections
31 (1) and 32
omit
determining
substitute
deciding
[1.695] Section
43 (1) (b)
omit
the determination of
substitute
the court to decide
omit
the determination of
substitute
deciding
omit
determines
substitute
decides
omit
office of the registrar
substitute
Magistrates Court
substitute
(3) The registrar must serve notice of a provisional order on the
convicted person in accordance with the rules under the Court Procedures Act
2004 applying in relation to the civil jurisdiction of the Magistrates
Court.
[1.700] Sections
54 (4) (d) and 55 (1)
omit
office of the registrar
substitute
Magistrates Court
omit
determine
substitute
decide
[1.702] Section
59 (1) (b)
omit
determination
substitute
decision
Part
1.74 Workers Compensation Act
1951
substitute
(2) The Magistrates Court Act 1930, part 4.5 (Civil appeals)
applies in relation to an appeal under subsection (1) as if—
(a) it were an appeal from a judgment or order of a kind mentioned in that
Act, section 274 (2) (Cases in which appeals may be brought); and
(b) for an appeal from a decision, order or award of a committee—the
decision, order or award were a decision, order or award of the Magistrates
Court; and
(c) any necessary changes, and any changes prescribed under the
regulations, were made.
Part
1.75 Workers Compensation Regulations
2002
[1.704] Regulation
57 (3)
substitute
(3) The costs of, and incidental to, an arbitration or related proceeding
are payable at 2/3 of the
scale of costs prescribed by the rules applying to a civil proceeding in the
Supreme Court, unless the Magistrates Court or committee otherwise
orders.
[1.705] Regulation
58 (3) (a)
substitute
(a) are payable at 2/3 of the scale of costs prescribed by the rules
applying to a civil proceeding in the Supreme Court, unless the Magistrates
Court or committee otherwise orders; and
Part
1.76 Workers Compensation Rules
2002
substitute
(1) The rules in force under the Court Procedures Act 2004 applying
in relation to a person with a disability (however described) in a civil
proceeding in the court under the Magistrates Court Act 1930 apply to an
arbitration, with any necessary changes, as if they formed part of these
rules.
substitute
(2) If, in relation to a claim, a procedure is not provided for under
these rules, the court may apply the rules in force under the Court
Procedures Act 2004 applying in relation to a civil proceeding in the court
under the Magistrates Court Act 1930, to the extent that they provide for
the procedure, as if they formed part of these rules.
substitute
64 Enforcement of awards and
agreements
The rules in force under the Court Procedures Act 2004 applying in
relation to a civil proceeding under the Magistrates Court Act 1930
apply, with any necessary changes, to a proceeding for enforcement of, or the
recovery of money payable under, an award of the court or a registered agreement
as if it were a judgment of the court.
substitute
69 Taxation of costs
Subject to any direction of the court, if the cost of an arbitration or
related proceeding are to be taxed, the rules in force under the Court
Procedures Act 2004 applying in relation to the Supreme Court apply to the
taxation with any necessary changes.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2004.
2 Notification
Notified under the Legislation Act on 2004.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2004
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