Justices Amendment Rules (No. 2) 2005


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Justices Amendment Rules (No. 2) 2005

The Magistrates Rule Committee, in the exercise of its powers under section 15AE of the Magistrates Court Act 1987 , makes the following rules of court for courts of summary jurisdiction exercising jurisdiction under the Justices Act 1959 .

1.   Short title

These rules of court may be cited as the Justices Amendment Rules (No. 2) 2005 .

2.   Commencement

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

3.   Principal Rules

In these rules of court, the Justices Rules 2003 are referred to as the Principal Rules.

4.    Rule 54L amended (Applications generally)

Rule 54L of the Principal Rules is amended by omitting paragraph (b) and substituting the following paragraph:
(b) include –
(i) in the case of an application made by a police officer, a statutory declaration of the officer that to the best of his or her knowledge and belief the information contained in the application is true; or
(ii) in the case of any other applicant, an affidavit of the person that to the best of his or her knowledge and belief the information contained in the application is true; and

These rules of court were made by the Magistrates Rule Committee at a meeting held on 28 July 2005.

A. G. Shott

Chief Magistrate

M. R. Hill

Deputy Chief Magistrate

R. C. Willee

Member

H. M. Wood

Member

S. F. Mollard

Member

O. McTaggart

Member

D. J. Jones

Member

T. J. Hill

Member

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

Notified in the Gazette on 10 August 2005

These rules are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the rule)

These rules of court amend the Justices Rules 2003 by providing that an application for a family violence order –
(a) if made by a police officer, is to include a statutory declaration of the police officer; or
(b) if made by any other applicant, is to include an affidavit of the applicant.