VersionNo. 001
Magistrates' Court Authentication Rules 2011
S.R. No. 58/2011
Versionas at
7 July 2011
table of provisions
RegulationPage
1
RegulationPage
1Object
2Authorising provisions
3Commencement
4Definition
5Authentication of orders
6Issue and authentication of process
7Authentication of warrants
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
VersionNo. 001
Magistrates' Court Authentication Rules 2011
S.R. No. 58/2011
Versionas at
7 July 2011
1
Magistrates' Court Authentication Rules 2011
S.R. No. 58/2011
The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:
1Object
The object of these Rules is to provide for the authentication of orders, the issue and authentication of process and the authentication of warrants in proceedings in the Magistrates' Court of Victoria.
2Authorising provisions
These Rules are made under—
(a)section 209 of the Family Violence Protection Act 2008; and
(b)section 16 of the Magistrates' Court Act 1989; and
(c) section 53 of the Stalking Intervention Orders Act 2008—
and all other enabling powers under those Acts.
3Commencement
These Rules come into operation on 10 July 2011.
4Definition
In these Rules—
the Act means the Magistrates' Court Act 1989.
5Authentication of orders
r. 5
For the purposes of section 18(2) of the Act, an order may be authenticated—
(a)if the order is entered in writing in the register, by the person who constituted the Court signing the entry; or
(b)if the order is entered into a computerised data storage and retrieval system, by the person who constituted the Court entering confirmation of the order into the system.
6Issue and authentication of process
Process may be issued or authenticated by the person issuing or authenticating the process—
(a)signing the process; or
(b)stamping the process with a facsimile signature stamp.
7Authentication of warrants
For the purposes of section 57(9) of the Act, the execution copy of a warrant produced by a computer data storage and retrieval system may be authenticated by the person who issued the warrant including on that copy—
(a)his or her name; and
(b)the date of issue of the warrant.
Dated:7 July 2011
IAN L. GRAY,
Chief Magistrate
LANCE MARTIN,
Deputy Chief Magistrate
DANIEL J. MULING,
Deputy Chief Magistrate
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ENDNOTES
Endnotes
1.General Information
The Magistrates' Court Authentication Rules 2011, S.R.No.58/2011 were made on 7 July 2011 by the Chief Magistrate together with 2 Deputy Chief Magistrates jointly under section 209 of the Family Violence Protection Act 2008,No. 52/2008,section 16 of the Magistrates' Court Act 1989, No. 51/1989andsection 53 of the Stalking Intervention Orders Act 2008, No.68/2008 and came into operation on 10 July 2011: regulation 3.
The Magistrates' Court Authentication Rules 2011 will sunset 10 years after the day of making on 7 July 2021 (see section 5 of the Subordinate Legislation Act 1994).
2.Table of Amendments
Endnotes
There are no amendments made to the Magistrates' Court Authentication Rules 2011 by statutory rules, subordinate instruments and Acts.
3.Explanatory Details
Endnotes
No entries at date of publication.
1