Australian Capital Territory Current Acts

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COURT PROCEDURES ACT 2004 - SECT 7

Rule-making power

    (1)     The rule-making committee may make rules in relation to the following:

        (a)     the practice and procedure of ACT courts, prescribed tribunals and their registries;

        (b)     anything else mentioned in schedule 1 (Subject matter for rules).

Note 1     The power to make rules for a court or tribunal includes power to make rules in relation to any matter necessary or convenient to be prescribed for carrying out or giving effect to the jurisdiction of the court or tribunal under any law of the Territory or Commonwealth that authorises or requires anything to be done in or in relation to the court or tribunal (see Legislation Act

, s 45 (Power to make court rules)).

Note 2     A rule must be notified, and presented to the Legislative Assembly, under the Legislation Act

.

    (2)     A rule is taken to be made by the rule-making committee if it is signed by 3 or more committee members, 1 of whom must be the member mentioned in section 9 (2) (a) and another of whom must be the member mentioned in section 9 (2) (c) or (d).

    (3)     This section does not limit any inherent or other power of a court, judge, magistrate or prescribed tribunal to control proceedings.



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