Justices Rules 2003 (Tas)

Justices Rules 2003

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 .

PART 1 - Preliminary

1. Short title These rules of court may be cited as the Justices Rules 2003 .

2. Commencement These rules of court take effect on 1 January 2004.

3. Interpretation (1) In these rules of court – Act means the Justices Act 1959 ; Australia Post has the same meaning as in the Australian Postal Corporation Act 1989 of the Commonwealth; clerk means the clerk of petty sessions appointed under section 16A of the Act; Crown Law Officer has the same meaning as in section 1 of the Criminal Code ; first appearance means the first listing of a complaint where the defendant is required to respond to the complaint; forfeit means a forfeit under section 97 of the Local Government (Highways) Act 1982 ; public office has the same meaning as in the Local Government Act 1993 ; return day, in relation to a summons, means – (a) the day on which a response to the summons must be lodged or filed; or (b) the date on which the complaint is next listed before the court. (2) Unless the contrary intention appears, an expression defined in the Act has the same meaning in these rules of court.

4. Forms (1) In these rules of court, a reference to a form by number is a reference to the form of that number in Schedule 1 . (2) A form set out in Schedule 1 – (a) is to be on A4 paper that is 297 millimetres in length by 210 millimetres in width; and (b) may be varied as circumstances require.