Criminal Amendment Rules 200824 November 2008
We, the Honourable Ewan Charles Crawford, Chief Justice, the Honourable Pierre William Slicer, the Honourable Peter Ethrington Evans, the Honourable Alan Michael Blow, OAM, the Honourable Shan Tennent and the Honourable David Porter, Puisne Judges of the Supreme Court of Tasmania, make the following Rules of Court under the Criminal Code Act 1924 .
These Rules of Court may be cited as the Criminal Amendment Rules 2008 .
These Rules of Court take effect on the day on which Part 1.2 of the Legal Profession Act 2007 commences.
In these Rules of Court, the Criminal Rules 2006 are referred to as the Principal Rules.
4. Rule 3 amended (Interpretation)
Rule 3 of the Principal Rules is amended as follows:(a) by inserting the following definition after the definition of file :law practice has the same meaning as in the Legal Profession Act 2007 ;(b) by omitting "a legal practitioner as defined by the Legal Profession Act 1993 " from the definition of legal practitioner and substituting "an Australian legal practitioner";(c) by omitting "firm of legal practitioners" from the definition of legal representative and substituting "law practice".
5. Rule 3B amended (Notice of instruction to act)
Rule 3B of the Principal Rules is amended by omitting "firm of legal practitioners" and substituting "a law practice".
6. Rule 3C amended (Legal representative of defendant)
Rule 3C(1) of the Principal Rules is amended by omitting "firm of legal practitioners" and substituting "law practice".
7. Rule 3E amended (If notice of instruction to act not filed)
Rule 3E of the Principal Rules is amended as follows:(a) by omitting "firm of legal practitioners" and substituting "law practice";(b) by omitting "firm of practitioners" and substituting "law practice".
8. Rule 17 amended (Appeal books)
Rule 17(7) of the Principal Rules is amended by omitting "solicitors" and substituting "legal practitioner".
9. Rule 34 amended (Undertaking as to costs)
Rule 34 of the Principal Rules is amended by omitting "solicitor" and substituting "legal practitioner".
E. C. CRAWFORD
Chief Justice
P. W. SLICER
Puisne Judge
P. E. EVANS
Puisne Judge
A. M. BLOW
Puisne Judge
S. E. TENNENT
Puisne Judge
D. J. PORTER
Puisne Judge
Countersigned,
E. A. KNIGHT
Registrar
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 3 December 2008
These Rules of Court are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the rule)
These Rules of Court amend the Criminal Rules 2006 consequentially on the enactment of the Legal Profession Act 2007 .