Schedule 3
[Schedule 3 renumbered by Supreme Court Civil Rules 2006 (Amendment No. 16)]
[Schedule 3 deleted by Supreme Court Civil Rules 2006 (Amendment No. 17)]
History of Amendment
It should be noted that these amendments are not recorded in the History of Amendment Table (see below).
Clause 3 of the Supreme Court Civil Rules 2006 (Amendment No. 26) provides—
3. (a) Subject to this clause, the amendments made by these Rules come into effect on 1 October 2014.
(b) The amendments made by clauses 56 to 60, 79(b), 81 and 115 apply only to proceedings commenced on or after 1 October 2014.
(c) The amendments made by clauses 103, 105, 107, 108, 110(b) and 113 apply only to appellate proceedings commenced on or after 1 October 2014.
(d) The Court may, if it thinks fit, direct that the Rules as amended, or the Rules in force before these Amended Rules were made, apply to a transitional proceeding or a particular step or matter in a transitional proceeding.
It should be noted that these amendments are not recorded in the History of Amendment Table (see below).
The Rules are amended by Supreme Court Civil Rules 2006 (Amendment No. 26) by—
(a) substituting “Supplementary Rules” for “practice directions” or “a practice direction” or “relevant practice direction” wherever those phrases appear in the Rules;
(b) substituting “lawyer” for “legal practitioner” wherever that phrase appears in the Rules;
(c) substituting “audiovisual hearing” for “teleconference” wherever that word appears in the Rules;
(d) substituting the numerical form (eg “6”) for the alphabetical form (eg “six”) of a number wherever reference is made to a number of days designated alphabetically in the Rules;
(e) inserting “calendar” before “days” wherever there is a reference to 8 days or more in the Rules except in a Note referring to a legislative provision and except for the words in parenthesis in rule 59(3);
(f) inserting “clear business” before “days” or “day” wherever there is a reference to 7 days or less before a defined event in the Rules except in a Note referring to a legislative provision; and
(g) inserting “business” before “days” or “day” wherever there is a reference to 7 days or less after a defined event in the Rules except in a Note referring to a legislative provision.
It should be noted that these amendments are not recorded in the History of Amendment Table (see below).
The Rules are further amended by Supreme Court Civil Rules 2006 (Amendment No. 26) by—
(a) substituting “these Rules” for “these rules” wherever that phrase appears in the Rules;
(b) substituting “rule” for “Rule” wherever that word designates a specific rule in the Rules;
(c) substituting “subrule” for “sub-rule” wherever that word appears in the Rules;
(d) substituting “cross action” for “cross-action” wherever that word appears in the Rules;
(e) substituting “counter offer” for “counter-offer” wherever that word appears in the Rules;
(f) substituting “Registry” for “registry” wherever that word appears in the Rules;
(g) substituting “section” for “s” wherever the abbreviation “s” is used for a section of an Act in the Rules;
(h) amending all defined terms in the body of the Rules so that they appear in bold italics without inverted commas;
(i) substituting long dashes (“—”) for any existing punctuation at the end of a line wherever the next line commences a list of subrules, paragraphs, subparagraphs, definitions or suchlike in the Rules;
(j) substituting a semicolon (“;”) for any existing punctuation at the end of the line wherever the next word begins with a lower case in the Rules except before commencement of a list;
(k) substituting a comma (“,”) for a space in dollar figures of four or more digits wherever it appears in the Rules, counting three spaces to the left of the last digit to place the first comma and continuing to place commas every three digits (eg “$1,000,000” or “$1,378”);
(l) substituting “kilometre” or “kilometres” for “km” or “kms” respectively wherever those abbreviations appear in the Rules; and
(m) substituting “prepaid” for “pre-paid” wherever that word appears in the Rules.
Clause 120 of the Supreme Court Civil Rules 2006 (Amendment No. 26) provides—
The Rules of Court (Service and Execution of Process Act) 1917-1985 are repealed.
Clause 121 of the Supreme Court Civil Rules 2006 (Amendment No. 26) provides—
(1) The Supreme Court Admission Rules 1999 are repealed.
(2) The Supreme Court Admission Rules 1999 continue to apply to an application made before the commencement date.
Rules
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Amendments
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Date of Operation
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am = amended; del = deleted; ins = inserted; ren = renumbered;
sub = substituted
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4
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am am3
am am5
am am8
ins am20
ins, am and delete am26
|
1-Aug-07
1-Oct-08
1-Nov-10
1-Dec-12
1 October 2014
|
5
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sub am18
|
1-Jan-12
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5(1)
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am am26
am am28
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1 October 2014
1 October 2014
|
5(2)
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am am26
am am28
|
1 October 2014
1 October 2014
|
5(3)
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am am26
am am28
|
1 October 2014
1 October 2014
|
5(4)
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am am26
|
1 October 2014
|
5(5)
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am am26
|
1 October 2014
|
6(2)
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sub am30
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1 December 2015
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6(2) example
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del am30
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1 December 2015
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8(2)(a)
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am v2
|
1-May-07
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9A
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ins am23
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1–Oct-13
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9A(3)
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am am26
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1 October 2014
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9B
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ins am23
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1-Oct-13
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9B(5)
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am am26
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1 October 2014
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10(2)(a)
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ins am26
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1 October 2014
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10(2)(b)
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ren am26
|
1 October 2014
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10(2)(c)
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ren am26
|
1 October 2014
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10(2)(d)
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ren am26
|
1 October 2014
|
11
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sub am26
|
1 October 2014
|
11(1)
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sub am26
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1 October 2014
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11(2)
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sub am26
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1 October 2014
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15(4)
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del am26
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1 October 2014
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15(5)
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ren am26
|
1 October 2014
|
17(1)
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am am15
am am26
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1-Apr-11
1 October 2014
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17(2)
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sub am15
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1-Apr-11
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18(2)(c)
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sub am26
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1 October 2014
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18(3)
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am am26
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1 October 2014
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18A
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ins am4
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1-Jan-08
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19(1)
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sub v1
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4-Sep-06
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19(1)(a)
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am am3
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1-Aug-07
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19(1)(b)(ii)
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am am26
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1 October 2014
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19(1)(c)
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ins am26
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1 October 2014
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21(3)
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am am28
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1 October 2014
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27(1)
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am am29
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1 September 2015
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27(2)
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am am29
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1 September 2015
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33(1)(c)
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am am26
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1 October 2014
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33(1)(d)
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ins am26
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1 October 2014
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33(2)
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am am19
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1-Oct-12
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33(3)
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am am19
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1-Oct-12
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33(4)
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sub am19
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1-Oct-12
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33(9)
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am v2
del am19
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1-May-07
1-Oct-12
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32(2)
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am am4
|
1-Jan-08
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34(2)
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am am26
|
1 October 2014
|
35(2)
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am am4
sub am26
|
1-Jan-08
1 October 2014
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35(2) example 1
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am am26
am am27
|
1 October 2014
9 October 2014
|
35(2) note
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sub am26
|
1 October 2014
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35(4)
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ins am4
|
1-Jan-08
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35(4) example 1
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am am26
|
1 October 2014
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37
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sub am4
|
1-Jan-08
|
37(1)
|
am am26
|
1 October 2014
|
37(4)
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sub am26
|
1 October 2014
|
37(5)
|
ins am31
|
1 May 2016
|
38(4)
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ins v2
|
1-May-07
|
Heading Part 4
|
ins am26
|
1 October 2014
|
sub-heading
|
ins am26
|
1 October 2014
|
38A
|
ins am26
|
1 October 2014
|
sub-heading
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del am27
|
9 October 2014
|
39 title
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am am26
|
1 October 2014
|
39(1)
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am am26
|
1 October 2014
|
39(2)
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am am26
|
1 October 2014
|
39 note
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ins am26
|
1 October 2014
|
sub-heading
|
ins am26
|
1 October 2014
|
39A heading (before rule)
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am am32
|
1 September 2016
|
39A heading (after rule)
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ins am32
|
1 September 2016
|
39A
|
ins am26
|
1 October 2014
|
39A(1)
|
ins am26
|
1 October 2014
|
39A(2)
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ins am26
|
1 October 2014
|
39A(3)
|
ins am26
|
1 October 2014
|
40
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sub am32
|
1 September 2016
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40(1)(l)
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am v2
|
1-May-07
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40(1)(m)
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ins v2
|
1-May-07
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40A
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ins am32
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1 September 2016
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40A(d)(iii)
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am am33
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1 October 2016
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40B
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ins am32
|
1 September 2016
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40C
|
ins am32
|
1 September 2016
|
40D
|
ins am32
|
1 September 2016
|
40E
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ins am32
am am33
|
1 September 2016
1 October 2016
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40F
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ins am32
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1 September 2016
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40F(1)
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am am33
|
1 October 2016
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40G
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ins am32
|
1 September 2016
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40H
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ins am32
|
1 September 2016
|
41
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del am32
|
1 September 2016
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41 heading
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sub am8
sub am26
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1-Nov-10
1 October 2014
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41(1)
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ins am8
sub am26
|
1-Nov-10
1 October 2014
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41(2)
|
ren am8
sub am26
|
1-Nov-10
1 October 2014
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41(3)
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ren am8
sub am26
|
1-Nov-10
1 October 2014
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41(4)
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am am26
|
1 Octoer 2014
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41AA
|
ins am26
|
1 October 2014
|
41AB
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ins am26
del am32
|
1 October 2014
1 September 2016
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41AC
|
ins am26
|
1 October 2014
|
41AD
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ins am26
|
1 October 2014
|
41AE
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ins am26
|
1 October 2014
|
Division 3
|
ins am26
|
1 October 2014
|
Division 3
to Division 4
|
ins am8
ren am26
|
1-Nov-10
1 October 2014
|
41AF
|
ins am26
|
1 October 2014
|
41AG
|
ins am26
|
1 October 2014
|
Part 3 Division 3
to Part 4 Division 4
|
ren am26
|
1 October 2014
|
Note 4
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ren am26
|
1 October 2014
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41A
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ins am8
am am26
|
1-Nov-10
1 October 2014
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41B
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ins am8
|
1-Nov-10
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41B heading
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am am26
|
1 October 2014
|
41C
|
ins am8
|
1-Nov-10
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41D
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ins am8
|
1-Nov-10
|
41D(4)(b)
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am am26
|
1 October 2014
|
41E
|
ins am8
|
1-Nov-10
|
41F
|
ins am8
|
1-Nov-10
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41G
|
ins am8
|
1-Nov-10
|
41G(2)(a)
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am am26
|
1 October 2014
|
41H
|
ins am8
|
1-Nov-10
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41I
|
ins am8
|
1-Nov-10
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41J
|
ins am8
|
1-Nov-10
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41K
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ins am8
|
1-Nov-10
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41L
|
ins am8
|
1-Nov-10
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41L(3)(b)
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am am26
|
1 October 2014
|
41M
|
ins am8
|
1-Nov-10
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41N
|
ins am8
|
1-Nov-10
|
41O
|
ins am8
|
1-Nov-10
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41P
|
ins am8
|
1-Nov-10
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42
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sub am26
|
1 October 2014
|
42(1)
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sub am26
|
1 October 2014
|
42(2)
|
sub am26
|
1 October 2014
|
44(2)
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del am26
|
1 October 2014
|
44(3)
|
am am26
|
1 October 2014
|
44(3)
|
ren am26
|
1 October 2014
|
45(1)
|
am am26
|
1 October 2014
|
45(1)(a)
|
am am26
|
1 October 2014
|
45(1)(b)
|
am am27
|
9 October 2014
|
45(2)
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am am26
|
1 October 2014
|
48
|
del am26
|
1 October 2014
|
49
|
am am26
|
1 October 2014
|
50(5)
|
ins am8
|
1-Jul-09
|
51(2)
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del am26
|
1 October 2014
|
51(3)
|
ren am26
|
1 October 2014
|
54(8)
|
ins am33
|
1 October 2016
|
54(8) to (9)
|
ren am33
|
1 October 2016
|
58(4)(b)
|
sub am11
|
1-May-10
|
58(4)(b)(ii)
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am am17
|
1-Dec-11
|
59(3)
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sub am11
am am17
am am26
|
1-May-10
1-Dec-11
1 October 2014
|
59(3) Note
|
ren am26
|
1 October 2014
|
59(3) Note 2
|
ins am26
|
1 October 2014
|
59(5)
|
am am26
|
1 October 2014
|
59(5) Note
|
ins am26
|
1 October 2014
|
69(2) Example 2
|
am am26
|
1 October 2014
|
70 heading
|
sub am8
|
1-Nov-10
|
70(1)
|
ins am8
|
1-Nov-10
|
70(2)
|
ren am8
|
1-Nov-10
|
70(3)
|
ren am8
|
1-Nov-10
|
70(4)
|
ren am8
|
1-Nov-10
|
70(5)
|
ren am8
|
1-Nov-10
|
71(1)
|
sub am31
|
1 May 2016
|
71(6)
|
ins am31
|
1 May 2016
|
72(4)
|
ins am26
|
1 October 2014
|
74 Note
|
ins am33
|
1 October 2016
|
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