UNDER 5.10 Filing and service of summons 74 75 6.01 Definitions 75 6.02 Application of this Order 75 6.03 Making of application to the Court 76 6.04 Notice and service generally 76 6.05 Applications for restraining orders and monitoring orders 77 6.06 Application without notice under the Act 77 6.07 Other applications generally under Commonwealth Act 77 6.08 Notice of application 77 6.09 Filing and directions 78 6.10 Notice of opposition to an application 79 6.11 Evidence 79 6.12 Notice of order or declaration 80 6.13 Notice of discharge 81 6.14 Interstate order 82 6.15 Examination under section 98(2) of the Act 82 83 7.01 Definition 83 7.02 Application of 83 7.03 Forms of application 83 7.04 Filing and service of documents 83 7.05 Form of surveillance device warrants 83 7.06 Form of retrieval warrant 83 7.07 Assistance orders 84 7.08 Reports under section 30K 84 86 9.01 Definition 86 9.02 Application of 86 9.03 Application 86 9.04 Filing and service of documents 86 IIA 1958 87 10.01 Definition 87 10.02 Application section 42E 87 10.03 Application under section 42L 87 10.04 Application under section 42M 87 10.05 Application under section 42N 88 THE trial Trial Trial OF OF ORDER ORDER OF ORDER AND ORDER CRIME
sentence shall, if the appeal is successful, be entitled to the return of the fine paid. (3) A person who remains in custody in default of payment of a fine shall be taken to be a person sentenced to imprisonment for the purposes of the Act and this Order. Rule 2.29 substituted by S.R. No. 132/2009 rule 12. 2.29 Procedure for appeal where fine and imprisonment in default r. 2.28 (1) If a person who has been convicted and sentenced to pay a fine and in default of payment sentenced to imprisonment intends to appeal to the of Appeal on grounds of law alone, this Rule applies. (2) If this Rule applies— person convicted and sentenced inform the judge of the intention to appeal; judge may, if of the opinion that it is appropriate, order the intending appellant immediately to enter into a recognizance in Form 6–2L, with or without sureties, to prosecute the appeal; person convicted and sentenced shall within the relevant time period set out in the Act for the type of appeal, file a notice of appeal in accordance with this Order; and
r. 2.43 (1) If the Court of Appeal orders any witness to attend and be examined before the Court under section 318 of the Act— order shall specify the time and place when the witness is to attend; and order shall, unless otherwise ordered, be served by giving a copy of the order to the person to be served. (2) If an appellant is not legally represented and seeks an order under section 318 of the Act, the appellant shall file an application in Form 6–2O with the Registrar. (3) The Registrar send a copy of an application under paragraph (2) to the legal practitioner for the respondent. Rule 2.44(4) substituted by S.R. No. 55/2010 rule 7. (4) The oath or affirmation to be administered to any witness whose evidence is to be tendered under section 318 of the Act shall be in accordance with the Evidence Act 2008, unless the Court otherwise permits or directs. Rule 2.45 inserted by S.R. No. 132/2009 rule 12 (as amended by S.R. No. 145/2009 rule 6(1)). 2.45 Examination than by court under section 318(2) r. 2.45 (1) If the Court of Appeal orders the examination of a witness to be conducted otherwise than by the
TO: [name and address of the person(s) on whom this application is to be served] ("the Respondent(s)") TAKE NOTICE THAT [name of the person making the application] ("the Applicant") INTENDS TO APPLY under section 26 of the Confiscation Act 1997 ("the Confiscation Act") FOR FURTHER ORDER(S) in relation to property to which a Restraining Order relates, that is to say— [set out in detail the sought] THE ADDRESS FOR SERVICE of the Applicant is: [insert address] PARTICULARS OF APPLICATION 1. THE JURISDICTION to make the order(s) sought arises because in relation to the property of XY— * application has been made to the Supreme Court of Victoria for a Restraining Order * the Supreme Court of Victoria made a Restraining Order on [date] 2. THE APPLICANT is: [describe the standing of the Applicant to make the application, e.g. the applicant for the Restraining Order OR a person who claims an interest in property to which the Restraining Order relates OR the person to whose property the Restraining Order relates OR otherwise as specified in s.26(2) of the Confiscation Act] 3. THE APPLICATION IS IN RESPECT of the following property— [describe in detail the property to which the further order(s) sought will relate] 4. THE RESPONDENT(S) to this application is a person/are persons referred to in paragraphs (a) to (d) of section 26(2) of the Confiscation Act who could have applied for the Order(s) which is/are sought on this application. 5. THE GROUNDS on which this application will be made are as follows—
* Delete if not applicable. _______________ Rule 7.05 6–7D IN THE SUPREME COURT OF VICTORIA 20 No. AT IN THE MATTER of the Surveillance Devices Act 1999 And IN THE MATTER of an application for a warrant to use a surveillance device Form 6–7D THIS SURVEILLANCE DEVICE WARRANT is issued under the Surveillance Devices Act 1999 ("the Act") by Justice [insert name of Judge], a Judge of the Supreme Court of Victoria, upon the application dated [insert date] of *[name of law enforcement officer making the application for the warrant], [rank/position of officer], of [organisation to which officer belongs] at [name of station/address of premises at which officer works]/*[name of applicant] being a person acting on behalf of a law enforcement officer ("the applicant"). *THE APPLICATION was supported by the following affidavit or affidavits setting out the grounds on which the warrant was sought: [insert name of deponent and date of the affidavit or each affidavit relied upon]. THE JUDGE IS SATISFIED OF THE MATTERS REFERRED TO IN SECTION 17(1) OF THE ACT IN PARTICULAR— (a) that are reasonable grounds for the applicant's suspecting or believing— WARRANT
IN THE MATTER of an application for a covert search warrant. THIS is issued under Part 2 of the Terrorism (Community Protection) Act 2003 ("the Act") by the Supreme Court of Victoria upon the application of [name of member of the police force of Victoria making the application for the warrant], ("the applicant") [rank/position of officer], of the police force of at [name of station/address of premises at which officer works]. THIS WARRANT relates to premises at [insert address or location of any premises sought to be entered and searched] ("the premises") and to premises at [insert address] which adjoin or provide access to the premises. *THE APPLICATION was supported by the following affidavit or affidavits setting out the grounds on which the warrant was sought: [insert name of deponent and date of each affidavit relied upon by the applicant] and THE COURT WAS SATISFIED that there were reasonable grounds for the suspicion or belief founding the application for the warrant. THIS WARRANT is issued for the purpose of assisting in the prevention of, or response to the following terrorist act or suspected terrorist act—[insert description]. THIS WARRANT is in force for [insert a number not to exceed 30] days from the date of issue and authorises the applicant [and, if relevant, name of or a description of any other person] to enter the premises *once only/*[insert number] times. *The names of the occupiers of the premises are *known as [insert names]/ *not known. *The following is the name or description of the kind of thing to be searched for, seized, copied, photographed, recorded, operated, printed, tested or sampled—[set out name or description etc.]. *THIS WARRANT is subject to the following conditions—[set out conditions]. THIS WARRANT AUTHORISES the applicant, together with [name of or a description of any other person] and with any necessary equipment to enter, by force or impersonation if necessary—
Rule 12.10(1) 6–12O [heading as in Form 6–12A] Form 6–12O The Secretary to the Department of Justice applies under section 65(1) of the Serious Sex Offenders (Detention and Supervision) Act 2009 ("the Act") for a review of the supervision order made by the Court on [insert date of order]. THE GROUNDS on which this application is made are: [specify grounds] THE ORDERS sought are: [specify orders sought] *that the supervision order remain in operation *that the supervision order be revoked *that the supervision order be revoked and replaced with a *different supervision order/*a detention order *that if the supervision order is revoked and replaced with a different supervision order, the conditions sought in respect of that supervision order, in addition to the core conditions set out in section 16 of the Act, are: [insert proposed conditions in accordance with Division 3 of Part 2 of the Act] THE FOLLOWING REPORTS are attached: progress report [identify report] *other report made to the Court [identify report] *other report filed with the application [identify report] Date: [Applicant's signature]
IN THE MATTER of an appeal under Part 7 of the Serious Sex Offenders (Detention and Supervision) Act 2009 BETWEEN A.B. Appellant and *The Secretary to the Department of Justice/*The Director of Public Prosecutions Respondent Form 6–12U TO: the Registrar of Criminal Appeals: AND TO: the respondent 1. TAKE that the appellant A.B. appeals to the Court of Appeal under section 96 of the Serious Sex Offenders (Detention and Supervision) Act 2009 against: *a decision made on [date] by [identify court and Judge] to make *a supervision order/*an interim supervision order/*a detention order/*an interim detention order in respect of the appellant. *a decision made on [date] by [identify and Judge] to renew *a supervision order/*a detention order in respect of the appellant previously made on [date] by [identify court and Judge]. *a decision made on [date] by [identify court and Judge] to extend *an interim supervision order/*an interim detention order in respect of the appellant previously made on [date] by [identify court and Judge]. *a decision made on [date] by [identify court and Judge] to impose conditions other than core conditions on *a supervision order/*an interim supervision order in respect of the appellant previously made on [date] by [identify court and Judge].
Supreme Court (Chapter VI Amendment No. 2) Rules 2008, S.R. No. 150/2008 Date of Making: 27.11.08 Date of Commencement: 1.12.08: rule 3 Supreme (Chapter VI Amendment No. 3) Rules 2009, S.R. No. 98/2009 Date of Making: 27.8.09 Date of Commencement: 1.10.09: rule 3 Supreme (Chapter VI Amendment No. 4) Rules 2009, S.R. No. 99/2009 Date of Making: 27.8.09 Date of Commencement: 1.2.10: rule 3 Supreme (Criminal Procedure Amendment) Rules 2009, S.R. No. 132/2009 (as amended by S.R. No. 145/2009) Date of Making: 29.10.09 Date of Commencement: 5–19 on 1.1.10: rule 3 Supreme Court (Evidence Amendments) Rules 2009, S.R. No. 146/2009 Date of Making: 26.11.09 Date of Commencement: Rules 10–12 on 1.1.10: rule 3 Supreme Court (Subpoena, Search Order and Freezing Order Amendment) Rules 2010, S.R. No. 23/2010 Date of Making: 29.4.10 Date of Commencement: Rules 10–12 on 3.5.10: rule 3 Supreme (Chapter VI Amendment No. 5) Rules 2010, S.R. No. 54/2010 Date of Making: 24.6.10 Date of Commencement: 1.7.10: rule 3 Supreme Court (Criminal Procedure Amendment) Rules 2010, S.R. No. 55/2010 Date of Making: 24.6.10 Date of Commencement: Rules 5–21 on 1.7.10: rule 3 Supreme (Judicial Registrars Further Amendment) Rules 2010, S.R. No. 148/2010 Date of Making: 17.12.10 Date of Commencement: 11–14 on 1.1.11: rule 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes There are no entries at date of publication.