What it does
This instrument, the Magistrates Court (Civil Division) Amendment Rules 2013, is an amending rules‑of‑court instrument that changes the text of the Magistrates Court (Civil Division) Rules 1998 (the Principal Rules). It does three mechanical things in the text provided.
First, it gives a short title (s 1): the instrument is to be cited as the Magistrates Court (Civil Division) Amendment Rules 2013. Second, it specifies commencement (s 2): these rules take effect on the day their making is notified in the Gazette. Third, it expressly identifies the Principal Rules (s 3) by reference, stating that in these rules the Magistrates Court (Civil Division) Rules 1998 are to be referred to as the Principal Rules.
The body of the instrument then consists of a large series of numbered rules (rules 4 through 85) which, rather than reproducing the textual amendments, state that "the amendment effected by this rule has been incorporated into the authorised version of the Magistrates Court (Civil Division) Rules 1998" or the plural variant "the amendments effected by this rule have been incorporated into the authorised version". In plain terms, the instrument effects multiple amendments to the Principal Rules but does not, in this document, separately print the amended text. Instead it records that the changes have been consolidated into the authorised version of the 1998 Rules.
The instrument records who made the rules (the Magistrates Rule Committee meeting on 23 August 2013), lists committee members and the Chief Magistrate, states that the rules were displayed and numbered in accordance with the Rules Publication Act 1953, and records the Gazette notification date as 4 September 2013. It also records administrative responsibility: the rules are administered in the Department of Justice.
Mechanically, therefore, this instrument is a consolidating amending instrument: it amends the Principal Rules in multiple places and delegates the practical task of showing the new text to the authorised consolidated version of the 1998 Rules. The instrument itself contains no operative text of the reforms beyond establishing short title, commencement, and which instrument is being amended, and it repeatedly declares the amendments to have been incorporated into the authorised 1998 Rules (rules 4-85). Practitioners and courts are required to treat the Principal Rules as altered in accordance with the incorporated amendments from the date of Gazette notification. The instrument does not set out any penalties, specific procedural timings, or subject‑matter rationales within its text.