South Australian Consolidated Acts South Australian Consolidated Acts (1) The Court, or any
one or more Judges thereof, shall have power from time to time to make such
rules as to the said Court, Judge, or Judges appear expedient—
(a) for
regulating the procedure and practice of the Court in its testamentary causes
jurisdiction; and
(b) for
the guidance of executors and administrators in relation to lands passing
under section 46; and
(c) for
defining the duties of the Registrar and other officers thereof; and
(ca) for
authorising and regulating the exercise by the Registrar of any specified
jurisdiction, power or authority of the Court whether arising under this Act
or otherwise; and
(d) for
determining what shall be deemed contentious and what non-contentious
business; and
(e) for
regulating the procedure and practice under Part 3 and Division 3 of
Part 4; and
(f) for
prescribing forms; and
(g)
generally for carrying the provisions of this Act into effect.
(2) The Court, or any
one or more Judge or Judges thereof, shall also have power, by rules made for
that purpose, to revoke, amend, add to, or alter any such rules, or any rules
in existence at the commencement of this Act.
(3) All such rules
shall be approved by the Governor, and shall thereafter be published in the
Gazette, and shall take effect from a time to be therein specified; and shall
be laid before both Houses of Parliament within fourteen days after the making
thereof, if Parliament is then sitting, or if Parliament is not then sitting,
within fourteen days after the commencement of the then next session of
Parliament.
(4) If either House of
Parliament, by resolution passed within thirty-six days next after any such
rules are laid before it, resolve that the whole or any part thereof ought not
to continue in force, the whole of such rules, or such parts thereof as may be
specified in the resolution (as the case may be), shall, from the passing of
such resolution, cease to be binding.
(5) The powers hereby
given for making rules shall not affect any powers in that behalf contained in
the Supreme Court Act 1935 .