Australian Capital Territory Numbered Regulations

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SUPREME COURT RULES (AMENDMENT) (NO. 27 OF 1995) - REG 11

11. After Part 11 of the Principal Rules the following Parts are inserted:

“ PART 11A—REGISTRATION OF ORDERS UNDER THE MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT 1987 OF THE COMMONWEALTH
“ ORDER 80A

Interpretation

“1. In this Order—

‘foreign order' means a foreign forfeiture order, a foreign pecuniary penalty order or a foreign restraining order within the meaning of the Act;
‘register' means the register kept pursuant to rule 2;
‘the Act' means the Mutual Assistance in Criminal Matters Act 1987 of the Commonwealth.

Register

“2. A register of foreign orders shall be kept in the Registrar's office.

Registration

“3. A copy of a foreign order, or a copy of an amendment of a foreign order, referred to in subsection 34 (9) of the Act is registered when it is included in the register.

Proceedings for registration

“4. (1) An application for the registration of a foreign order or of an amendment of a foreign order shall be by motion on notice joining the person against whom the foreign order was made as the respondent.

“(2) The applicant shall file with the notice of motion an affidavit setting out such particulars as are necessary to enable the Court to comply with subsection 23A (2) of the Proceeds of Crime Act 1987 of the Commonwealth.

“(3) The applicant may, unless the Court otherwise orders, proceed without serving a copy of the notice of motion on the respondent.

“(4) Where the applicant includes in the notice of motion a request that the application be granted under this subrule, the Court may make an order for the registration of the foreign order or of the amendment of the foreign order in camera and without any appearance by or on behalf of the applicant.

“(5) Where an order is made for the registration of a foreign order or of an amendment of a foreign order, the applicant shall serve a copy of the order for registration and of the registered foreign order or registered amendment on the respondent.

“(6) The registration of a foreign order is cancelled when a note of its cancellation is endorsed on the copy of the order included in the register.

“ PART 11B—REGISTRATION OF ORDERS UNDER THE PROCEEDS OF CRIME ACT 1991
“ ORDER 80B

Interpretation

“1. In this Order—

‘interstate order' means an interstate restraining order or an interstate forfeiture order within the meaning of the Act;
‘register' means the register kept pursuant to rule 2;
‘the Act' means the Proceeds of Crime Act 1991 .

Register

“2. A register of interstate orders shall be kept in the Registrar's office.

Registration

“3. A copy of an interstate order, or a copy of an amendment of an interstate order, referred to in section 78 or 84 of the Act is registered when it is included in the register.

Proceedings for registration

“4. (1) An application for the registration of an interstate order or of an amendment of an interstate order shall be by motion on notice joining the person against whom the interstate order was made as the respondent.

“(2) The applicant may, unless the Court otherwise orders, proceed without serving a copy of the notice of motion on the respondent.

“(3) Where the applicant includes in the notice of motion a request that the application be granted under this subrule, the Court may make an order for the registration of the interstate order or of the amendment of the interstate order in camera and without any appearance by or on behalf of the applicant.

“(4) Where an order is made for the registration of an interstate order or of an amendment of an interstate order, the applicant shall serve a copy of the order for registration and of the registered interstate order or registered amendment on the respondent.

“(5) The registration of an interstate order is cancelled when a note of its cancellation is endorsed on the copy of the order included in the register.

Amendments, ancillary orders or directions

“5. For the purposes of subsections 81 (1) and 87 (1) of the Act, particulars of any amendments made to an interstate order or of any ancillary order or direction made by a court shall be communicated to the Court by filing a sealed copy of the amendment, order or direction.”.

First Schedule


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