Summary Proceedings Act 1957

212 Rules and regulations

(1)

The Governor-General may from time to time, by Order in Council, make all such rules or regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof (not being rules regulating the practice and procedure in appeals to the High Court).

(2)

Without limiting the general power to make rules and regulations conferred by this section, rules or regulations may be made under this section—

(a)

prescribing the forms to be used in respect of any proceedings to which this Act applies:

(b)

prescribing the court fees to be paid in respect of any proceedings or any processes to which this Act applies:

(c)
[Repealed]

(ca)

prescribing the fees and charges to be paid for the purposes of this Act:

(d)
[Repealed]

(daa)

providing for documents to be sent in electronic form under section 24(1)(e) or 79A(1)(c), including (without limitation) provisions for the retention of records that evidence the fact that, and the date and time when, such documents were sent to electronic addresses:

(dab)

specifying, for the purposes of section 79A(1)(d), the kinds of documents that may be served by communicating their contents orally, and prescribing any conditions and restrictions for such communications and the ways in which such communications must be made, including any provisions for the recording of such communications and for the retention, custody, disclosure, use, and destruction of such recordings:

(da)

prescribing requirements or other matters in relation to the provision of particulars of reminder notices in electronic form under section 21, and any matters in relation to the verification or processing of those particulars:

(db)

regulating the searching of records of 1 or more of the following:

(i)

particulars of reminder notices provided under section 21:

(ii)

the results of any verification processes undertaken under section 21:

(iii)

reminder notices deemed to have been filed and orders deemed to have been made under section 21:

(iv)

notices of hearings filed under section 21:

(v)

applications filed under section 78B:

(vi)

any related matter:

(e)
[Repealed]

(ea)

prescribing the factors to be taken into account in deciding, for the purposes of Part 3, whether or not a defendant has or has had sufficient means to pay a sum adjudged to be paid by a conviction:

(eb)
[Repealed]

(ec)
[Repealed]

(ed)
[Repealed]

(f)

providing for any other matters in respect of which regulations are contemplated under this Act.

(3)

[Repealed]

Compare: 1927 No 37 s 378(1); 1948 No 20 ss 2(5), 11

Section 212(1): amended, on 1 April 1980, pursuant to section 12 of the Judicature Amendment Act 1979 (1979 No 124).

Section 212(2)(b): amended, on 9 October 2006, by section 30(1) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 212(2)(c): repealed, on 1 July 2013, by section 7(2) of the Summary Proceedings Amendment Act (No 2) 2011 (2011 No 94).

Section 212(2)(ca): inserted, on 23 July 2011, by section 45(1) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 212(2)(d): repealed, on 1 July 2013, by section 7(2) of the Summary Proceedings Amendment Act (No 2) 2011 (2011 No 94).

Section 212(2)(daa): inserted, on 23 July 2011, by section 45(2) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 212(2)(dab): inserted, on 23 July 2011, by section 45(2) of the Summary Proceedings Amendment Act 2011 (2011 No 32).

Section 212(2)(da): inserted, on 9 October 2006, by section 30(2) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 212(2)(db): inserted, on 9 October 2006, by section 30(2) of the Summary Proceedings Amendment Act 2006 (2006 No 13).

Section 212(2)(e): repealed, on 1 July 2013, by section 7(2) of the Summary Proceedings Amendment Act (No 2) 2011 (2011 No 94).

Section 212(2)(ea): inserted, on 23 November 1973, by section 25 of the Summary Proceedings Amendment Act 1973 (1973 No 117).

Section 212(2)(eb): repealed, on 1 July 2013, by section 7(2) of the Summary Proceedings Amendment Act (No 2) 2011 (2011 No 94).

Section 212(2)(ec): repealed, on 1 July 2013, by section 7(2) of the Summary Proceedings Amendment Act (No 2) 2011 (2011 No 94).

Section 212(2)(ed): repealed, on 1 July 2013, by section 7(2) of the Summary Proceedings Amendment Act (No 2) 2011 (2011 No 94).

Section 212(3): repealed, on 19 December 1989, by section 11 of the Regulations (Disallowance) Act 1989 (1989 No 143).