This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 13 February 2012, amend the Summary Proceedings Regulations 1958. The amendments reflect changes made to the Summary Proceedings Act 1957 (the Act) by the Summary Proceedings Amendment Act 2011.
Clause 4 amends regulation 2 (interpretation) by revoking the definition of fine because that term is now defined in the Act and by inserting a definition of declaration of financial capacity.
Clause 5 revokes and replaces regulation 15F to reflect that the Act now authorises the Registrar or bailiff to enter into arrangements with a representative of the defendant. Clause 5 also revokes and replaces regulation 15G. New regulation 15G sets out the information required in a declaration of financial capacity.
Clause 6 revokes and replaces regulation 15I. New regulation 15I prescribes the criteria to be applied by the relevant decision maker when deciding to enter, vary, suspend, or cancel an arrangement extending the time to pay a fine or for payment by instalments.
Clause 7 amends regulation 15K(1) and (3) to reflect changes in the Act and to add new provisions in the Act to which this regulation applies. Regulation 15K(4) currently provides that the defendant is liable to pay any amount that the Registrar certifies is an expense reasonably incurred in removing, storing, or auctioning the property. To reflect the manner in which property may now be dealt with under the Act, regulation 15K(4) is amended to enable the Registrar to certify expenses reasonably incurred in seizing, removing, transporting, or storing the property, or selling, assigning, applying, auctioning, or otherwise disposing of or releasing the property.
Clause 8 makes a consequential amendment to regulation 15L.
Clause 9 revokes regulation 15O.
Clause 10 revokes and replaces regulation 15P, which requires, except in certain situations, all applications in respect of any proceedings under the Act to be made in form 61 of Schedule 1 and all notices of hearing to be in form 62 of Schedule 1. New regulation 15P includes a new situation in which those forms are not required to be used, namely, where there is no prescribed form and another form is approved and issued by the chief executive of the Ministry of Justice for the purposes of the Act.
Clauses 11 to 13 make consequential amendments to forms 28, 31A, and 32AA of Schedule 1.
Clause 14 revokes forms 23, 25, 26, 27, 28A, 28B, 30, 32, 32A, 32B, 32BA, and 32BB of Schedule 1.