After section 15AB of the Principal Act , the following Part is inserted:

PART IIA - Rules

15AC.     Magistrates Rule Committee

(1)  The former rules committee continues under the name "Magistrates Rule Committee" .

(2)  The committee consists of –

(a) the Chief Magistrate who is the presiding member; and

(b) the Deputy Chief Magistrate; and

(c) the magistrates; and

(d) a person appointed by the Minister on the nomination of the Tasmanian Bar Association; and

(e) a person appointed by the Minister on the nomination of the Law Society of Tasmania.

(3)  The Minister may require the body referred to in subsection (2)(d) or (e) to nominate a person within a specified period (being a period not less than 30 days).

(4)  If the body fails to nominate a person within that period, the Minister may make the nomination.

(5)  If the body referred to in subsection (2)(d) or (e) changes its name, the Governor may, by order, amend the relevant paragraph by substituting the body's new name.

(6)  If the body referred to in paragraph (d) or (e) of subsection (2) ceases to exist, the Governor may, by order made on the recommendation of the committee, amend the relevant paragraph by substituting the name of a body which the Governor is satisfied substantially represents the interests represented by the body that has ceased to exist.

(7)  The Minister may, on the recommendation of the body referred to in paragraph (d) or (e) of subsection (2) , appoint a deputy of the committee member referred to in the relevant paragraph.

(8)  If the committee member referred to in subsection (2)(d) or (e) is unable to attend a meeting of the committee for any reason, the member's deputy may attend and, when so doing, is taken to be a member of the committee with all the powers, rights and duties of a member.

(9)  All acts and proceedings of the committee while a deputy is acting in place of a member of the committee are valid and effectual for all purposes.

(10)  A committee member referred to in subsection (2)(d) or (e) and any deputy of that member holds office for the term set out in his or her instrument of appointment.

(11)  In this section,

former rules committee means the committee referred to in section 20 of the Magistrates Court (Civil Division) Act 1992 as in force immediately before the commencement of the Justice (Delegated Legislation) Act 2003 .

15AD.   Meetings and procedure of committee

(1)  Meetings of the Magistrates Rule Committee are to be convened by or on the direction of the Chief Magistrate.

(2)  The quorum for a meeting of the committee is 8, of whom one is to be the Chief Magistrate or Deputy Chief Magistrate.

(3)  If the presiding member is unable to attend a meeting of the committee, the Deputy Chief Magistrate must preside at the meeting.

(4)  A telephone or video conference between members of the committee is a meeting of the committee at which the members participating in the conference are present.

(5)  Except as provided by this section, the committee may regulate its own proceedings.

15AE.     Committee may make rules of court

(1)  The Magistrates Rule Committee may make rules of court for all or any of the following:

(a) the divisions of the Magistrates Court;

(b) courts of summary jurisdiction;

(c) except as may be provided by any Act, other lower courts;

(d) except as may be provided by any Act, special proceedings.

(2)  Rules made under subsection (1) for any court, division of a court or special proceedings may, subject to any relevant enactment –

(a) regulate the practice and procedure of that court or division or those proceedings; and

(b) make provision for or in relation to the enforcement of judgments and orders of that court or division or magistrate presiding over those proceedings; and

(c) make provision for or in relation to mediation and conciliation conferences including, but not limited to, the following matters:

(i) the appointment of mediators and conciliators and their powers and functions;

(ii) the conduct of such conferences and associated procedures;

(iii) the consequences of such conferences or the failure of such conferences; and

(d) make provision for or in relation to any other matters as expressly or impliedly authorised by that enactment; and

(e) make provision for any incidental or ancillary matters related to the jurisdiction and business of that court or division or related to the conduct of those proceedings.

(3)  Rules made under subsection (1) for any court, division of a court or special proceedings may –

(a) authorise any matter to be from time to time determined, applied or regulated by –

(i) the Chief Magistrate, a magistrate or coroner or other judicial officer specified in the rules; and

(ii) the Administrator, a registrar or other court official specified in the rules; and

(b) be made so as to apply differently according to matters, limitations or restrictions, whether as to time or circumstance or otherwise, specified in the rules; and

(c) provide that a contravention of any of the rules is an offence; and

(d) in respect of such an offence, provide for the imposition of a fine not exceeding 10 penalty units and, in the case of a continuing offence, a further fine not exceeding one penalty unit for each day during which the offence continues; and

(e) contain provisions of a savings or transitional nature consequent on the enactment of the Justice (Delegated Legislation) Act 2003 , and any such provision may, if the rules so provide, take effect on the day of commencement of any Part of that Act specified in the rules or a later day.

(4)  Rules of court are statutory rules within the meaning of the Rules Publication Act 1953 .

(5)  The committee may delegate any of its functions or powers, other than this power of delegation, to the Chief Magistrate.

(6)  In this section –

relevant enactment means –

(a) the enactment under which a court or a division of a court is established or constituted, or under which provision is made for special proceedings; or

(b) any other enactment having application to that court or division or to those proceedings;

special proceedings means applications, appeals or other proceedings that are required to be presided over by a magistrate and for which, under the relevant enactment, rules of court are expressly or impliedly authorised or required to be made by the committee.