Justices Amendment Rules 1999


Tasmanian Crest
Justices Amendment Rules 1999

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 section 144 of the Justices Act 1959 .

6 September 1999

G. S. M. GREEN

Governor

By His Excellency's Command,

P. PATMORE

Minister for Justice and Industrial Relations

1.   Short title

These rules may be cited as the Justices Amendment Rules 1999 .

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 59F amended (Means by which certain defendants appear before justices)

Rule 59F of the Principal Rules is amended as follows:
(a) by omitting from subrule (1) "remanded";
(b) by omitting paragraph (b) from subrule (1) and substituting the following paragraphs:
(b) by audio visual link within the meaning of the Evidence (Audio and Audio Visual Links) Act 1999 ; or
(c) if the justices direct, by any other means in accordance with that direction.
(c) by omitting from subrule (2) "subrule (1)(b)" and substituting "subrules (1)(b) and (c)".

5.   Rule 59G inserted

After rule 59F of the Principal Rules, the following rule is inserted:

59G.   Taking evidence and receiving submissions

The justices may determine to take evidence or receive submissions in relation to any proceedings by –
(a) audio link, or audio visual link, within the meaning of the Evidence (Audio and Audio Visual Links) Act 1999 ; or
(b) any other means of communication.

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

Notified in the Gazette on 15 September 1999

These rules are administered in the Department of Justice and Industrial Relations.

EXPLANATORY NOTE

(This note is not part of the rule)

These rules amend the Justices Rules 1976 in relation to –
(a) the appearance of defendants in custody; and
(b) the means by which evidence may be taken and submissions received.