Magistrates Court Regulations 2005 (WA)

Western Australia Magistrates Court Act 2004 Magistrates Court Regulations 2005 Western Australia Magistrates Court Regulations 2005 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. Terms used 1 Part 2 — Metropolitan courts 4. JP not to constitute court unless requested to do so 1 5. When 2 JPs may constitute the court in civil cases 1 6. When 2 JPs may constitute the court in criminal cases 1 7. When one JP may constitute the court in criminal cases 1 Part 3 — Country courts 8. JP not to constitute court unless requested to do so 1 9. When 2 JPs may constitute the court in civil cases 1 10. When 2 JPs may constitute the court in criminal cases 1 11. When one JP may constitute the court in criminal cases 1 Part 4 — Miscellaneous 12. Persons prescribed (Act s. 33(7)(i)) 1 Notes Compilation table 1 Editorial changes table 1 Other notes 1 Defined terms Magistrates Court Act 2004 Magistrates Court Regulations 2005

Part 1 — Preliminary

1. Citation These regulations are the Magistrates Court Regulations 2005.

2. Commencement These regulations come into operation on the day on which the Magistrates Court Act 2004 comes into operation.

3. Terms used In these regulations, unless the contrary intention appears — country court means the Magistrates Court sitting at a place outside the Perth metropolitan region; metropolitan court means the Magistrates Court sitting at a place in the Perth metropolitan region; Perth metropolitan region has the meaning given to the term metropolitan region by the Metropolitan Region Town Planning Scheme Act 1959 1.

Part 2 — Metropolitan courts

4. JP not to constitute court unless requested to do so (1) A JP must not constitute a metropolitan court, either alone or with another JP, unless he or she has been requested to do so by — (a) a registrar; or (b) a deputy registrar who has been directed by a magistrate or a registrar to make the request. (2) A registrar must not request a JP to constitute a metropolitan court, and a registrar must not direct a deputy registrar to make such a request, unless — (a) a magistrate has requested that the court be constituted by JPs; or (b) it is not practicable for a magistrate to constitute the court at the time when and the place where the court has to sit.