Court of Petty Sessions (Civil Procedure Rules) Regulations 2013

Regulations No. 5 of 2013

I, Neil Albert Pope, Administrator of Norfolk Island, acting in accordance with the advice of the Executive Council of Norfolk Island, make the following regulations under section 248 of the Court of Petty Sessions Act 1960.

Dated 27 August 2013.

 N.A. Pope

 Administrator

By His Honour’s Command

R.E. Adams

Minister for Cultural Heritage and Community Services

Acting at the request and for and on behalf of Chief Minister and Minister for Tourism

1. Title

 These Regulations are the Court of Petty Sessions (Civil Procedure Rules) Regulations 2013.

2. Authorising provision

 These Regulations are made under section 248 of the Court of Petty Sessions Act 1960.

3. Objective

 The objective of these Regulations is to re-make and repeal some existing rules and to prescribe new rules for civil procedure in the Court of Petty Sessions.

4. Effective date

 Upon their commencement these Regulations are effective from 1 September 2013.

5. Repeal

  The Court of Petty Sessions Regulations 1999 and the Court of Petty Sessions (Civil Procedure Rules) Regulations 2007 are repealed.

6. Licence suspension notice - prescribed form

 For the purposes of paragraph 184(2)(a) of the Court of Petty Sessions Act 1960, the prescribed form is the form specified in Schedule 1.

7. Seizure of property for sale - prescribed amount

 For the purposes of paragraph 220F(1)(e) of the Court of Petty Sessions Act 1960, the prescribed amount is $1000.

8. Civil Procedure Rules

 The Rules of Civil Procedure for the Court of Petty Sessions are, so far as they may be applicable and mutatis mutandis, the court procedure rules in force from time to time for the Magistrates Courts of the Australian Capital Territory

SCHEDULE 1

LICENCE SUSPENSION NOTICE - PRESCRIBED FORM

COURT OF PETTY SESSIONS ACT 1960

(Paragraph 184(2)(a))

TO:

On   you were fined $      .  $      of that amount is still outstanding.

As provided in section 184 of the Court of Petty Sessions Act 1960, I suspend —

• the operation in Norfolk Island of any recognised licence held by you, or that may be obtained by you; and
• the operation of any licence (other than a recognised licence) held by you, or that may be obtained by you.

This suspension operates immediately on your being served with this notice and operates until the date and time specified in a notice issued to you under subsection 184(4).

During this period, you must not —

•       obtain a learners licence or drivers licence;
•       drive or attempt to drive a motor vehicle on a road.

This suspension notice may be cancelled for any good reason and must be cancelled if the fine is paid in full or if an instalment order, garnishee order or writ of execution is made in respect of the fine after this notice is issued.

You may pay the fine or obtain more information about this notice from the Clerk of Courts, Administration Offices, Norfolk Island between 8 am and 4.30 pm Monday to Friday.

Clerk of Courts

Notified Gazette No. 38, 30 August 2013.

Printed on the authority of the Administrator.

© Norfolk Island Government 2013

The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation.  For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legislative Counsel, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.