1Objective
The objective of these Regulations is to prescribe forms to be used under the Crown Proceedings Act 1958.
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The objective of these Regulations is to prescribe forms to be used under the Crown Proceedings Act 1958.
These Regulations are made under sections 5(3)(e) and 6(8) of the Crown Proceedings Act 1958.
These Regulations come into operation on 12 December 2021.
The Crown Proceedings Regulations 2011[1] are revoked.
In these Regulations, the Act means the Crown Proceedings Act 1958.
For the purposes of section 5(2) of the Act, the prescribed form for an order forfeiting a recognisance is Form 1.
For the purposes of section 5(2A) of the Act, the prescribed form of notice to a principal and surety of a recognisance forfeited in the absence of the principal is Form 2.
For the purposes of section 5(3)(b) of the Act, the prescribed form for an application to vary or rescind an order in the matter of a forfeited recognisance is Form 3.
For the purposes of section 5(3)(d) of the Act, the prescribed form for an application for a stay of proceedings in the matter of a forfeited recognisance is Form 4.
For the purposes of section 5(4) of the Act, the prescribed form for a warrant to imprison for non‑payment of money due under a forfeited recognisance is Form 5.
For the purposes of section 5(5) of the Act—
the prescribed form for a warrant of seizure and sale issued in the Supreme Court or the County Court is Form 6; and
the prescribed form for a warrant of seizure and sale issued in the Magistrates' Court is Form 7; and
the prescribed form for a warrant to imprison a surety is Form 8.
For the purposes of section 5(9A) of the Act—
the prescribed form of notice to a police officer executing a warrant is Form 9; and
the prescribed form of the statement in writing to be delivered to a principal or surety is Form 10.
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Crown Proceedings Regulations 2021, S.R. No. 152/2021 were made on 7 December 2021 by the Governor in Council under sections 5(3)(e) and 6(8) of the Crown Proceedings Act 1958, No. 6232/1958 and came into operation on 12 December 2021: regulation 3.
The Crown Proceedings Regulations 2021 will sunset 10 years after the day of making on 7 December 2031 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
There are no amendments made to the Crown Proceedings Regulations 2021 by statutory rules, subordinate instruments and Acts.
This version does not contain amendments that are not yet in operation.
Reg. 4: S.R. No. 151/2011. ↑
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