ADMIRALTY RULES 1988 - RULE 4 Marshal and Registrar

ADMIRALTY RULES 1988 - RULE 4

  (1)   If , in relation to a proceeding in a court, a power, function or duty is conferred or imposed on the Registrar by these Rules, the power or function may be exercised, and the duty must be performed, by an officer of the court:

  (a)   appointed by the court to be a Registrar; or

  (b)   authorised by the court, or by the Rules of Court, to exercise the power or function or perform the duty.

  (2)   If , in relation to a proceeding in a court:

  (a)   a power, function or duty is conferred or imposed on the Registrar by these Rules; and

  (b)   the Rules of Court concerned authorise a aster or an Associate Judge of the court to exercise the power or function or perform the duty;

the power or function may be exercised, and the duty must be performed, by a Master or an Associate Judge .

  (3)   If , in relation to a proceeding in a court, a power, function or duty is conferred or imposed on the Marshal by these Rules, the power or function may be exercised, and the duty must be performed:

  (a)   by a person (whether or not an officer of the court):

  (i)   appointed by the court to be a Marshal; or

  (ii)   authorised by the court, or by the Rules of Court, to exercise the power or function or perform the duty; or

  (b)   by an officer or employee of the Commonwealth, a State or a Territory, authorised in writing by a Marshal to exercise the power or function or perform the duty on his or her behalf.

  (4)   Action may be authorised orally under paragraph   ( 3)(b) if it is not practicable to authorise the action in writing before it is taken, but a written authorisation must be given as soon as practicable.