COURT PROCEDURES REGULATION 2004 - made under the Court Procedures Act 2004 - TABLE OF PROVISIONS 1. Name of regulation 3. Notes 4. Corresponding law--Act, s 20, def corresponding law 5. Judicial authority--Act, s 57, def judicial authority ENDNOTES COURT PROCEDURES REGULATION 2004 - REG 1 Name of regulation This regulation is the Court Procedures Regulation 2004. COURT PROCEDURES REGULATION 2004 - REG 3 Notes A note included in this regulation is explanatory and is not part of this regulation. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. COURT PROCEDURES REGULATION 2004 - REG 4 Corresponding law--Act, s 20, def corresponding law The following laws are declared to be laws that correspond to the Act, part 4 (Crown proceedings): o Crown Proceedings Act (NT) o Crown Proceedings Act 1992 (SA) o Crown Proceedings Act 1993 (Tas). COURT PROCEDURES REGULATION 2004 - REG 5 Judicial authority--Act, s 57, def judicial authority For the Act, part 7 (Examination of witnesses outside the ACT but in Australia)-- (a) the Supreme Court of New South Wales, the District Court of that State and each Local Court of that State are prescribed as judicial authorities for that State; and (b) the Supreme Court of Victoria, the County Court of that State and the Magistrates' Court of that State are prescribed as judicial authorities for that State; and (c) the Supreme Court of Queensland, each District Court of that State and the Magistrates Court of that State are prescribed as judicial authorities for that State; and (d) the Supreme Court of South Australia, each District Criminal Court of that State, each Local Court of that State and each Court of Summary Jurisdiction of that State are prescribed as judicial authorities for that State; and (e) the Supreme Court of Tasmania, each Court of Petty Sessions of that State and each Court of Requests of that State are prescribed as judicial authorities for that State; and (f) the Supreme Court of Western Australia is prescribed as a judicial authority for that State; and (g) the Supreme Court of the Northern Territory, each judge of the Supreme Court of that Territory and each magistrate of that Territory are prescribed as judicial authorities for that Territory; and (h) the Supreme Court of Christmas Island is prescribed as a judicial authority for the Territory of Christmas Island; and (i) the Supreme Court of Norfolk Island is prescribed as a judicial authority for the Coral Sea Islands Territory and for the Territory of Norfolk Island; and (j) the Supreme Court of the Northern Territory is prescribed as a judicial authority for the Territory of Ashmore and Cartier Islands; and (k) the Supreme Court of the Territory of Cocos (Keeling) Islands is prescribed as a judicial authority for that Territory. COURT PROCEDURES REGULATION 2004 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired 3 Legislation history Court Procedures Regulation 2004 SL2004-63 notified LR 23 December 2004 s 1, s 2 commenced 23 December 2004 (LA s 75 (1)) remainder commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29) as amended by Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 sch 1 amdt 1.82 notified LR 1 December 2005 s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2)) sch 1 amdt 1.82 commenced 22 December 2005 (s 2 (4)) Legal Profession Act 2006 A2006-25 sch 2 pt 2.4 notified LR 21 June 2006 s 1, s 2 commenced 21 June 2006 (LA s 75 (1)) sch 2 pt 2.4 commenced 1 July 2006 (s 2) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.16 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.16 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) 4 Amendment history Commencements 2 om LA s 89 (4) Prescribed tribunal--Act, s 6s 3A ins A2006-25 amdt 2.5 om A2008-36 amdt 1.221 Judicial authority--Act, s 57, def judicial authoritys 5 reloc from Evidence Regulation 1992 s 2 by A2005-60 amdt 1.82 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R110 Jan 2005 10 Jan 2005-21 Dec 2005 not amended new regulation R222 Dec 2005 22 Dec 2005-30 June 2006 A2005-60 amendments by A2005-60 R31 July 2006 1 July 2006-1 Feb 2009 A2006-25 amendments by A2006-25 (c) Australian Capital Territory 2009 COURT PROCEDURES REGULATION 2004 - NOTES Australian Capital Territory SL2004-63 Republication No 4 Effective: 2 February 2009 Republication date: 2 February 2009 Last amendment made by A2008-36Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Court Procedures Regulation 2004 , made under the Court Procedures Act 2004 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 2 February 2009 . It also includes any amendment, repeal or expiry affecting the republished law to 2 February 2009 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties The value of a penalty unit for an offence against this republished law at the republication date is-- (a) if the person charged is an individual--$100; or (b) if the person charged is a corporation--$500. Australian Capital Territory Court Procedures Regulation 2004 Endnotes Australian Capital Territory Court Procedures Regulation 2004