Justices Amendment Rules 2010


Tasmanian Crest
Justices Amendment Rules 2010

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 2010 .

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.    Schedule 2 amended (Offences)

Schedule 2 to the Principal Rules is amended by omitting the table and substituting:

1. 

An offence under section 40 of the Ambulance Service Act 1982

2. 

An offence under the Animal Welfare Act 1993 , and any regulations made under that Act, if the maximum penalty for the offence does not exceed 10 penalty units

3. 

An offence under section 5(4) or 9 of the Bail Act 1994

4. 

An offence under the Classification (Publications, Films and Computer Games) Enforcement Act 1995 , except Part 8, and any regulations made under that Act

5. 

An offence under section 16 of the Consumer Affairs Act 1988

6. 

An offence under the Dog Control Act 2000

7. 

An offence under the Environmental Management and Pollution Control Act 1994 , and any regulations made under that Act, if the maximum penalty for the offence does not exceed 10 penalty units

8. 

An offence under the Forestry Act 1920 and any regulations made under that Act

9. 

An offence under the Inland Fisheries Act 1995 if the maximum penalty for the offence does not exceed 10 penalty units

10. 

An offence under the Inland Fisheries (Recreational Fishing) Regulations 2009

11. 

An offence under the Liquor Licensing Act 1990 if the maximum penalty for the offence does not exceed 10 penalty units

12. 

An offence under the Litter Act 2007

13. 

An offence under section 203 or 204 of the Living Marine Resources Management Act 1995 , and any regulations or rules made under that Act, if the maximum penalty for the offence does not exceed 10 penalty units

14. 

An offence under any by-laws under the Local Government Act 1993 , the University of Tasmania Act 1992 or the Local Government (Highways) Act 1982

15. 

An offence under the Marine and Safety Authority Act 1997 , and any regulations or by-laws made under that Act, if the maximum penalty for the offence does not exceed 10 penalty units

16. 

An offence under section 29 of the Motor Accidents (Liabilities and Compensation) Act 1973

17. 

An offence under the National Parks and Reserves Management Act 2002

18. 

An offence under the National Parks and Reserved Land Regulations 2009

19. 

An offence under the Passenger Transport Act 1997 and any regulations made under that Act

20. 

An offence under section 13 , 14 , 14B, 15(1) , 15A , 15B , 15C , 16 , 17 , 19A , 20AA , 25 , 34B , 37(1) , 37(3) , 37(4) , 41 , 43 , 55A or 57 of the Police Offences Act 1935

21. 

An offence under the Public Health Act 1997 , and any regulations made under that Act, if the maximum penalty for the offence does not exceed 10 penalty units

22. 

An offence in regulations made under the Racing Regulation Act 2004 if the maximum penalty for the offence does not exceed 10 penalty units

23. 

An offence under the Roads and Jetties Act 1935

24. 

An offence under the Road Rules 2009

25. 

An offence under section 7 of the Road Safety (Alcohol and Drugs) Act 1970

26. 

An offence under the Taxi and Luxury Hire Car Industries Act 2008 and any regulations made under that Act

27. 

An offence under section 41(1) or 51(3) of the Traffic Act 1925

28. 

An offence under the Vehicle and Traffic Act 1999 , except sections 9 , 13 , 14 , 15 , 18 , 31 and 64 , and any regulations made under that Act

29. 

An offence under the Wellington Park Regulations 2009

30. 

An offence under the Wildlife Regulations 1999

These rules of court were made by the Magistrates Rule Committee at a meeting held on 11 November 2010.

M. R. HILL

Chief Magistrate

C. J. RHEINBERGER

Member

C. P. WEBSTER

Member

R. J. MARRON

Member

M. F. DALY

Member

O. McTAGGART

Member

M. J. BRETT

Member

T. J. HILL

Member

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

Notified in the Gazette on 24 November 2010

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 updating the table in Schedule 2 which specifies the offences in respect of which a defendant may enter a plea in writing rather than by appearing in person.