Justices Amendment Rules 1998

Justices Amendment Rules 1998

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following rules under the Justices Act 1959 .

18 May 1998

G. S. M. GREEN

Governor

By His Excellency's Command,

R. J. GROOM

Minister for Justice

1.   Short title

These rules may be cited as the Justices Amendment Rules 1998 .

2.   Commencement

These rules take effect on the day on which their making is notified in the Gazette.

3.   Principal Rules

In these rules, the Justices Rules 1976 are referred to as the Principal Rules.

4.   Rule 36 amended (Course of hearing)

Rule 36(1) of the Principal Rules is amended by inserting before paragraph (a) the following paragraphs:

(aa) before adducing evidence, the complainant may, or must, if the justices so require, open the complainant's case;

(ab) if the complainant opens his or her case, the defendant, immediately after the complainant's opening and before any evidence is adduced, may inform the justices of the issues expected to arise for determination by the justices;

(ac) before adducing evidence, the defendant may, or must if the justices so require, open the defendant's case;

5.   Schedule 3 amended (Specified offences)

Item 8 of Schedule 3 to the Principal Rules is amended as follows:

(a) by inserting "13(1)(c)," before "13(2A)";

(b) by inserting "25," after "24A,".

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 27 May 1998

These rules are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the rule)

These rules amend the Justices Rules 1976 by amending –

(a) provisions in relation to the course of a hearing; and

(b) the list of offences specified in Schedule 3.