driver licence has the same meaning as in the Road Safety Act 1986; S. 3(1) def. of election date repealed by No. 68/2009 s. 97(Sch. item 82.2(c)). s. 3 * * * * * S. 3(1) def. of excluded judicial officer inserted by No. 63/2013 s. 74(1). excluded judicial officer means— (a) the Chief Magistrate; (b) a Deputy Chief Magistrate; (b) a Deputy State Coroner; execution copy, in relation to a warrant, means the copy issued for the purposes of execution; S. 3(1) def. of family member inserted by No. 27/2002 s. 4. family member has the meaning given by section 3A; S. 3(1) def. of family violence inserted by No. 77/2004 s. 3(1), substituted by No. 52/2008 s. 251(1). family violence has the meaning given by the Family Violence Protection Act 2008; fine includes any penalties, forfeitures, sums of money and costs ordered to be paid by the person fined; S. 3(1) def. of hearing date repealed by No. 7/2009 s. 427(1)(a) (as amended by No. 68/2009 s. 54(m)). * * * * *
S. 3(1) def. of intellectual disability inserted by No. 12/2010 s. 4(1). intellectual disability has the same meaning as it has in the Disability Act 2006; S. 3(1) def. of judicial registrar inserted by No. 19/2005 s. 3. judicial registrar means a judicial registrar of the Court appointed under section 16C; S. 3(1) def. of judicial resolution conference inserted by No. 50/2009 s. 12, amended by No. 34/2010 s. 49(1), substituted by No. 47/2010 s. 88(a). s. 3 judicial resolution conference has the same meaning as it has in the Civil Procedure Act 2010; S. 3(1) def. of jurisdictional limit substituted by No. 64/1996 s. 24(b), amended by No. 68/2004 s. 3. jurisdictional limit in a civil proceeding means $100 000; S. 3(1) def. of Koori Court officer inserted by No. 27/2002 s. 4, amended by No. 108/2004 s. 117(1) (Sch. 3 item 118.1). officer means a person who— (a) is employed under Part 3 of the Public Administration Act 2004; and (b) exercises powers or performs functions in relation to the Koori Court Division of the Court;
S. 3(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 63.1). legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Act 2004; S. 3(1) def. of magistrate inserted by No. 36/2007 s. 3(1), amended by Nos 5/2013 s. 31(1), 63/2013 s. 40. magistrate includes a reserve magistrate engaged under section 9C to undertake the duties of a magistrate during any period of engagement or acting under section 9EA; Magistrates' Court means the Magistrates' Court of Victoria; S. 3(1) def. of mental illness inserted by No. 12/2010 s. 4(1). s. 3 mental illness has the same meaning as it has in the Mental Health Act 1986; S. 3(1) def. of mention court amended by No. 64/1996 s. 24(c). mention court means a venue of the Court that is nominated by the Chief Magistrate under section 5A as a mention court; S. 3(1) def. of mention date repealed by No. 7/2009 s. 427(1)(a) (as amended by No. 68/2009 s. 54(m)). * * * * * motor vehicle has the same meaning as in the Road Safety Act 1986; S. 3(1) def. of Justice officer inserted by No. 51/2006 s. 3(1). Neighbourhood Justice officer means a person who— (a) is employed under Part 3 of the Public Administration Act 2004; and
S. 3(1) def. of return date repealed by No. 68/2009 s. 97(Sch. item 82.2(f)). * * * * * S. 3(1) def. of Secretary inserted by No. 46/1998 s. 7(Sch. 1). Secretary means the Secretary to the Department of Justice; S. 3(1) def. of Secretary to the Department of Health inserted by No. 29/2010 s. 63(1). Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health; S. 3(1) def. of sentence inserted by No. 68/2009 s. 97(Sch. item 82.1). sentence has the same meaning as in the Criminal Procedure Act 2009; s. 3 S. 3(1) def. of sentencing order amended by Nos 49/1991 s. 119(7) (Sch. 4 item 13.1), 48/1997 s. 64, 65/2004 s. 4(2), 80/2005 s. 19, 93/2005 s. 10, 30/2009 s. 196, repealed by No. 7/2009 s. 427(1)(a) (as amended by No. 68/2009 s. 54(m)). * * * * *
(vi) a cousin of the person— and includes, in the case of domestic partners, a person who would be such a relative if the domestic partners were married to each other; (d) spouse of a person means a person to whom the person is or was married. S. 3A(3) substituted by No. 12/2008 s. 73(1)(Sch. 1 item 39.2). s. 3A (3) For the purposes of the definition of domestic partner in subsection (2)— (a) registered relationship has the same meaning as in the Relationships Act 2008; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and (c) a person is not a domestic partner of another person only because they are co-tenants. __________________ 4 Establishment of the Magistrates' Court (1) There shall be a court to be known as the Magistrates' Court of Victoria. S. 4(2) amended by No. 19/2005 s. 4(1). s. 4 (2) The Court shall consist of the magistrates, the judicial registrars of the court and the registrars of the Court. S. 4(2A) inserted by No. 83/1992 s. 181(a). (2A) The Court has an Industrial Division.
S. 4E(ba) inserted by No. 26/2012 s. 22(2). (ba) jurisdiction to deal with a contravention of a sentence imposed by the Magistrates' Court (including any offence constituted by such a contravention), or variation of such a sentence, in the circumstances set out in section 4EA; and (c) any other jurisdiction given to it by or under this or any other Act. S. 4EA inserted by No. 26/2012 s. 23. 4EA Circumstances in which Koori Court Division may deal with contravention of a sentence imposed by another Division of the Magistrates' Court For the purposes of sections 4E(b) and (ba), the circumstances are— (a) the accused is Aboriginal; and (b) the offence to which the sentence relates is within the jurisdiction of the Magistrates' Court, other than— (i) a sexual offence as defined in section 6B(1) of the Sentencing Act 1991; or (ii) a contravention of a family violence intervention order or a family violence safety notice under the Family Violence Protection Act 2008 or an offence arising out of the same conduct as that from which the contravention arose; or (iii) a contravention of a personal safety intervention order under the Personal Safety Intervention Orders Act 2010 or an offence arising out of the same conduct as that out of which the contravention arose; and (c) in the case of an offence constituted by a contravention of a sentence referred to in section 4E(b) or (ba), the accused—
(i) intends to plead guilty to the offence; or (ii) pleads guilty to the offence; or (iii) intends to consent to the adjournment, under section 59 of the Criminal Procedure Act 2009, of the proceeding to enable the accused to participate in a diversion program; and (d) the accused consents to the proceeding being dealt with by the Koori Court Division. S. 4F inserted by No. 27/2002 s. 6. s. 4F 4F Circumstances in which Division may deal with certain offences S. 4F(1) amended by Nos 68/2009 s. 97(Sch. item 82.6(a)), 26/2012 s. 24. (1) The Koori Court Division only has jurisdiction to deal with a proceeding for an offence (other than an offence constituted by a contravention of a sentence imposed by it) if— S. 4F(1)(a) amended by No. 68/2009 s. 97(Sch. item 82.6(b)). (a) the accused is Aboriginal; and (b) the offence is within the jurisdiction of the Magistrates' Court, other than— (i) a sexual offence as defined in section 6B(1) of the Sentencing Act 1991; or S. 4F(1)(b)(ii) substituted by No. 52/2008 s. 252, amended by No. 68/2008 s. 79(a). s. 4F (ii) a contravention of a family violence intervention order or a family violence safety notice under the Family Violence Protection Act 2008 or an offence arising out of the same conduct as that from which the contravention arose; or
in paragraph (a) of the definition of homeless person in section 3(1); or (iv) is an Aborigine with a close connection to the municipal district and is alleged to have committed the offence in that district; S. 4O(2)(ab) inserted by No. 68/2008 s. 80(1), amended by No. 53/2010 s. 221(Sch. item 7.3(a)). (ab) in the case of a proceeding under the Personal Safety Intervention Orders Act 2010— (i) at least one of the parties resides in the municipal district; or (ii) at least one of the parties is— (A) a homeless person; or (B) an Aborigine with a close connection to the municipal district— and the Court considers that it is appropriate to deal with the matter in the Neighbourhood Justice Division; or S. 4O(2) (ab)(iii) amended by No. 53/2010 s. 221(Sch. item 7.3(b)). (iii) the whole or a material part of the alleged stalking or prohibited behaviour occurred in the municipal district; S. 4O(2)(b) amended by No. 52/2008 s. 254(1). s. 4O (b) in the case of a civil proceeding or a proceeding under the Family Violence Protection Act 2008— (i) at least one of the parties resides in the municipal district; or (ii) at least one of the parties is— (A) a homeless person; or
(c) the person being appointed under section 9A as a reserve magistrate. (5) A person to whom this section applies may resign his or her office as reserve magistrate under this section by notice in writing to the Governor. (6) Nothing in this section prevents a person being appointed as a reserve magistrate under section 9A at any time, if he or she is eligible to be so appointed. (7) Nothing in this section affects the operation of section 16AB. S. 9F inserted by No. 5/2013 s. 35, amended by No. 63/2013 s. 45 (ILA s. 39B(1)). 9F Engaging in legal practice or other paid employment (1) Except with the approval of the Chief Magistrate, a reserve magistrate must not engage in legal practice, undertake paid employment or conduct a business, trade or profession of any kind while engaged to undertake the duties of a magistrate under section 9C or acting under section 9EA. S. 9F(2) inserted by No. 63/2013 s. 45(2). (2) Except with the approval of the Chief Magistrate, a reserve magistrate must not hold an office in any company, trustee company, incorporated association or other entity, whether public or private, in respect of which the reserve magistrate receives remuneration while engaged to undertake the duties of a magistrate under section 9C or acting under section 9EA. 10 Salaries S. 10(1) amended by No. 64/1990 s. 20(Sch. item 4.1). s. 10 (1) Part 1 of Schedule 1 sets out the salaries payable to magistrates. S. 10(2) amended by Nos 64/1990 s. 20(Sch. item 4.1), 5/2013 s. 36. (2) Part 2 of Schedule 1 sets out the remuneration payable to reserve magistrates.
(b) the effect on victims of the offence charged if the committal proceedings were not conducted jointly; and (c) the estimated duration of the committal proceedings if conducted jointly; and (d) the number of witnesses that would be by both accused; and (e) any other matter considered relevant. S. 25(5) inserted by No. 7/2009 s. 426 (as amended by No. 68/2009 s. 54(l)). (5) The Court may make an order under subsection (4) on the application of a party or on its own motion. S. 25(6) inserted by No. 7/2009 s. 426 (as amended by No. 68/2009 s. 54(l)). (6) Each party is entitled to be present and may address the Court when the Court is considering the making of an order under subsection (4). S. 25(7) inserted by No. 7/2009 s. 426 (as amended by No. 68/2009 s. 54(l)). (7) If the Court makes an order under subsection (4), the Court may adjourn the proceeding for a period not exceeding 28 days to enable the Children's Court to determine whether joint committal proceedings are appropriate in the particular case. S. 25(8) inserted by No. 7/2009 s. 426 (as amended by No. 68/2009 ss 46(c), 54(l)). (8) If joint committal proceedings are conducted under subsection (3)— (a) the Children, Youth and Families Act 2005 applies as far as practicable to the child; and s. 25 (b) the Criminal Procedure Act 2009 applies as far as practicable to the other accused— with any necessary modifications to ensure that the joint committal proceedings are conducted fairly and efficiently. examined
S. 50(1) amended by No. 7/2009 s. 427(1)(e) (as amended by No. 68/2009 s. 54(m)). (1) On the hearing of a proceeding the Court must not allow an objection to a warrant on account of any defect or error in it in substance or in form or for any variance between it and the evidence presented in the proceeding but the Court may amend the warrant to correct the defect or error. (2) An order must not be set aside or quashed only because of a defect or error in form but the Court may amend the order to correct the defect or error. S. 50A inserted by No. 8/2008 s. 5, repealed by No. 7/2009 s. 427(1)(c) (as amended by No. 68/2009 s. 54(m)). * * * * * Pt 4 Div. 2 Subdiv. 2 (Heading) repealed by No. 7/2009 s. 427(1)(c) (as amended by No. 68/2009 s. 54(m)). * * * * * S. 51 amended by No. 33/1994 s. 27(1), repealed by No. 7/2009 s. 427(1)(c) (as amended by No. 68/2009 s. 54(m)). * * * * * S. 52 substituted by No. 33/1994 s. 8. 52 Abettors in summary offences triable as principal offenders A person who aids, abets, counsels or procures the commission of a summary offence may be dealt with and punished as a principal offender either together with the principal offender or before or
(Victoria) requests or signals the driver of a motor vehicle to stop the vehicle. S. 82I(2) amended by No. 9/2009 s. 75(1). (2) Once the vehicle has stopped, the member of the police force or any person who is a bailiff for the purposes of the Supreme Court Act 1986 (other than a bailiff who is a sheriff's officer) may direct the driver of the vehicle— (a) to keep the vehicle stationary; (b) to drive the vehicle to a designated spot; (c) to produce his or her driver licence document or permit document; (d) to comply with any other reasonable direction— to enable a determination of whether the driver, or any person accompanying the driver, is named in any warrant. Note to s. 82I(2) inserted by No. 9/2009 s. 75(2). s. 82I Note See section 30 of the Sheriff Act 2009 for the power of the sheriff, and by delegation, sheriff's officers, at police road checks. (3) A person who is given a direction under subsection (2) must comply with the direction unless he or she has a reasonable excuse for not doing so. 5 penalty units.
section to be a reciprocating State or Territory. (2) The Governor in Council may, subject to subsection (3), declare another State or a Territory of the Commonwealth to be a reciprocating State or Territory for the purposes of the enforcement against a body corporate in of a fine payable under an order of a court having summary jurisdiction in the other State or in the Territory. (3) A State or Territory the subject of a proclamation under subsection (2) must have laws providing for enforcement against a body corporate in that State or Territory of a fine payable under an order of the Magistrates' Court or other court having summary jurisdiction in . (4) The Governor in Council may by proclamation declare a court having summary jurisdiction in a reciprocating State or Territory to be a reciprocating court for the purposes of the enforcement against a body corporate in of a fine payable under a conviction or order of that court. s. 98 (5) For the purposes of subsection (4) a court may be declared singly or in conjunction with another or others by such description or class or by means of any reference that the Governor in Council thinks fit. (6) If, under an order of a reciprocating court made in the exercise of its summary jurisdiction— (a) a fine is payable by a body corporate having or appearing to have property in ; and (b) a registrar of the Magistrates' Court at a venue at or near to a place where the body corporate has or appears to have property, receives a request in writing from a registrar or other corresponding officer of the
S. 100(8) substituted by No. 34/1990 s. 4(Sch. 3 item 11). (8) Payment of the interest may be enforced by a warrant to seize property. S. 100(9) inserted by No. 34/1990 s. 4(Sch. 3 item 11). (9) The amount of the interest must be stated in the body of the warrant. 101 Proceedings beyond jurisdiction (1) If a civil proceeding is wholly or partly beyond the jurisdiction of the Court, the Court may— (a) amend the complaint for the purpose of bringing the proceeding within jurisdiction; or S. 101(1)(b) amended by No. 43/1991 s. 38(a). (b) order that the proceeding be stayed pending the making of an application under Part 3 of the Courts (Case Transfer) Act 1991; or (c) order that the complaint be struck out and award costs as if the Court had jurisdiction and the complaint were dismissed. (2) If— S. 101(2)(a) amended by No. 43/1991 s. 38(b). (a) under subsection (1)(b) the Court orders that a proceeding be stayed pending the making of an application under Part 3 of the Courts (Case Transfer) Act 1991; and (b) within a reasonable time after the making of that order the proceeding has not been transferred to another court— the Court may exercise the power conferred by subsection (1)(c). Pt 5 Div. 1A (Heading and s. 101A) inserted by No. 15/1998 s. 9. Division 1A—Administration of children's funds
(2) A magistrate may exercise any power conferred on a justice of the peace by or under any Act. (3) Any power conferred on a justice of the peace at common law is only exercisable by a magistrate. S. 118 amended by No. 7/2009 s. 435(1) (as amended by No. 68/2009 s. 54(u)). 118 Offence to pretend to be a justice of the peace Any person who is not a justice of the peace or who is aware that he or she has been prohibited from acting as a justice of the peace is guilty of an offence and liable to imprisonment for a term of not more than two years if he or she— (a) pretends to be, or to be capable of acting as, a justice of the peace; or (b) extorts, demands, takes or accepts from any person any fee, gratuity or reward under the pretence of being a justice of the peace or of being capable of acting as a justice of the peace. 119 Protection of justices of the peace s. 119 A justice of the peace has, in the performance of his or her duties as a justice of the peace, the same protection and immunity as a Judge of the Supreme Court has in the performance of his or her duties as a Judge. Division 2—Bail justices S. 120 amended by Nos 56/1989 s. 286(Sch. 2 item 11.2), 34/1990 s. 4(Sch. 3 item 12), 51/2000 s. 9, 48/2006 s. 42(Sch. item 22.8), substituted by No. 70/2010 s. 29. 120 Definitions In this Division— bail justice, except in sections 120A, 120B, 120C, 120D, 120G and 120H, includes an acting bail justice; code of conduct means the code of conduct prescribed by the regulations.
(a) include the prescribed particulars; and (b) authorise the conduct of a police record check on the applicant; and (c) be verified by statutory declaration. S. 120G inserted by No. 70/2010 s. 29. 120G Resignation (1) A bail justice appointed under section 120A or reappointed under section 120C may resign his or her office as bail justice by delivering to the Attorney-General a signed letter of resignation. (2) An acting bail justice appointed under section 120E may resign his or her office as acting bail justice by delivering to the Attorney-General a signed letter of resignation. S. 120H inserted by No. 70/2010 s. 29. s. 120H 120H Oath of office Every person who is appointed or reappointed as a bail justice or acting bail justice must, before so acting, take an oath of office in the prescribed form and manner. S. 120I inserted by No. 70/2010 s. 29. 120I Judge or magistrate may exercise power of bail justice A judge of the Supreme Court, a judge of the County Court or a magistrate may exercise any power conferred on a bail justice by or under any Act. 121 Certain office-holders to be bail justices S. 121(1) substituted by No. 46/1998 s. 7(Sch. 1). (1) In this section prescribed office means a position in the public service with a classification that is prescribed as a classification to which this section applies. (2) A person who holds a prescribed office is, by virtue of holding that office, a bail justice without the need for any appointment under this Act.
have had if the person had been appointed as a bail justice under section 120A or reappointed as a bail justice under section 120C, as the case requires, when— (a) the act was performed or purported to be performed; or (b) the decision was made or purported to be made. _______________ Pt 6A (Heading and ss inserted by No. 44/1997 s. 28. Division 1—Definitions S. 124A inserted by No. 44/1997 s. 28. s. 124A 124A Definitions In this Part— contractor means a party to an agreement with the Ministers under section 124B(1); Ministers means the Attorney-General and the Minister administering Part I of the Police Regulation Act 1958; S. 124A def. of repealed by No. 12/2006 s. 173(1). * * * * * sub-contractor means a sub-contractor of a contractor or of a sub-contractor. Division 2—Agreements
relation to the contractor's operations under the agreement; s. 124C (h) must provide for the protection of information gained by the contractor in connection with the contractor's operations under the agreement and impose restrictions on access to the information and on its disclosure and use; (i) may provide for the extent of indemnities and warranties by parties to the agreement; (j) may specify liabilities, risks and insurances; (k) may provide for the provision by the contractor of a performance bond; (l) must provide for the office the holder of which is to be the principal officer for the purposes of the application of the Ombudsman Act 1973 to the contractor as a provider of services under the agreement; (m) must provide for the Ministers or any of them, the Crown or any other person or body to take over, or nominate any other person or body to take over, in specified circumstances rights or obligations under the agreement or any other agreement or under any transaction; S. 124C(n) amended by No. 12/2006 s. 173(3). (n) may contain any other provisions that are not inconsistent with this Part, the regulations, the Infringements Act 2006 or any regulations under that Act. S. 124D inserted by No. 44/1997 s. 28. s. 124D 124D Rights of access (1) A contractor or sub-contractor must give any of the Ministers, the Secretary to the Department of Justice and any person authorised by any such Minister or the Secretary free and unfettered
S. 126 amended by Nos 8/1991 s. 13, 33/1994 s. 17(1), 10/1999 s. 24(1)(2), 68/2009 s. 97(Sch. items 82.41, 82.42), 30/2010 s. 87, repealed by No. 58/2013 s. 51. * * * * * S. 126A inserted by No. 49/1991 s. 119(7) (Sch. 4 item 13.7). 126A Power to bind over to keep the peace (1) The Court may, on the written application of a person, order another person to enter into a bond, with or without surety or sureties, to keep the peace or to be of good behaviour. (2) An application under subsection (1) must be supported by evidence on oath or by affidavit. (3) The parties to a proceeding under this section and any other witnesses may be called and and cross-examined and costs may be awarded as in any other proceeding in the Court. S. 126A(4) amended by No. 68/2009 s. 97(Sch. item 82.43). (4) The Court may order that an accused who does not comply with an order under subsection (1) be imprisoned until he or she does comply with it or for 12 months, whichever is the shorter. (5) An order under subsection (1) may only be made on an application in accordance with this section unless it is otherwise expressly provided by any other Act. S. 127 amended by No. 15/2005 s. 11(2) (ILA s. 39B(1)). 127 Witness order s. 127
(1) The Court may, and must if required by any party to a proceeding, at any time during the proceeding, order all witnesses other than— (a) the informant or the plaintiff; and S. 127(1)(b) amended by No. 68/2009 s. 97(Sch. item 82.44). (b) the accused or the defendant; and S. 127(1)(ba) inserted by No. 15/2005 s. 11(1), repealed by No. 68/2009 s. 97(Sch. item 82.45). * * * * * (c) the witness under examination— to leave the Court and to remain outside and beyond the hearing of the Court until required to give evidence. Note to s. 127(1) inserted by No. 68/2009 s. 97(Sch. item 82.46). Note Section 336A of the Criminal Procedure Act 2009 provides that a victim of an offence is entitled to be present in court unless the court orders the victim to leave. S. 127(2) inserted by No. 15/2005 s. 11(2). (2) Nothing in this section prevents the Court from ordering a witness to leave the Court and to remain outside and beyond the hearing of the Court at any time after giving evidence if the Court considers it appropriate to do so. 128 Power to adjourn proceeding s. 128 S. 128(1) amended by No. 7/2009 s. 427(1)(g) (as amended by No. 68/2009 s. 54(m)). (1) The Court may, on the application of a party to a proceeding other than a criminal proceeding or without any such application, adjourn the hearing of the proceeding— (a) to such times and places; and (b) for such purposes; and (c) on such terms as to costs or otherwise—
instrument or in any document or writing of any kind whatsoever to a Magistrates' Court held at a particular place is to be taken to refer to the Magistrates' Court sitting at that place or, if the Magistrates' Court does not sit at that place, to the Court sitting at the place that is nearest to that place. 2 (1) Each person who holds office as a magistrate immediately before the commencement of Part 2 holds office as a magistrate under and subject to this Act on and from that commencement without any further appointment. (2) Each person who holds office as Chief Magistrate or Deputy Chief Magistrate immediately before the commencement of Part 2 holds office as Chief Magistrate or Deputy Chief Magistrate (as the case requires) under and subject to this Act on and from that commencement without any further appointment. (3) Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a police magistrate or to a stipendiary magistrate is to be taken to refer to a magistrate. 3 (1) Each person who holds office as a clerk of a Magistrates' Court immediately before the commencement of Part 3 holds office as a registrar of the Court under and subject to this Act and the Public Service Act 1974 on and from that commencement without any further appointment. (2) Each person who holds office as a deputy clerk of a Magistrates' Court immediately before the commencement of Part 3 holds office as a deputy registrar of the Court under and subject to this Act and the Public Service Act 1974 on and from that commencement without any further appointment.
that Part before the commencement of section 99 of this Act. (3) Section 168 of the Magistrates (Summary Proceedings) Act 1975 continues, despite its repeal, to apply in relation to a proceeding for an offence if, at the commencement of section 130, the hearing of that proceeding had commenced. (4) Subclause (1) applies except as otherwise expressly provided by the Rules with respect to civil proceedings. Sch. 8 13 All fines imposed before the commencement of section 97 and not recovered before that commencement may be recovered in all respects as if this Act had not been passed. Sch. 8 cl. 14 inserted by No. 49/1990 s. 3, repealed by No. 10/1999 s. 8(4). * * * * * Sch. 8 cl. 15 inserted by No. 23/1991 s. 10, repealed by No. 10/1999 s. 8(4). * * * * * Sch. 8 cl. 16 inserted by No. 44/1997 s. 31. 16 The amendment of section 58(1)(b) made by section 29 of the Law and Justice Legislation Amendment Act 1997 applies to warrants issued before as well as after the commencement of section 29 of that Act. Sch. 8 cl. 17 inserted by No. 44/1997 s. 31. 17 The amendment of Schedule 7 made by section 30(2) of the Law and Justice Legislation Amendment Act 1997 applies to warrants issued before as well as after the commencement of section 30(2) of that Act.
2013, a person referred to in subclause (1) or (2) was assigned under section 93 of the Coroners Act 2008 to be a coroner for the Coroners Court, that assignment continues until that person ceases to hold the office of magistrate or reserve magistrate or the assignment is revoked under that Act. (5) If, immediately before the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, a person referred to in subclause (1) or (2) was assigned under section 507 of the Children, Youth and Families Act 2005 to be a magistrate for the Children's Court, that assignment continues until that person ceases to hold the office of magistrate or reserve magistrate or the assignment is revoked under that Act. (6) Unless inconsistent with the context or the subject matter, on and from the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, a reference in any Act (other than this Act or the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013), subordinate instrument or any other document to an acting magistrate, being an acting magistrate appointed under section 9 as in force immediately before its repeal, is to be construed as a reference to a reserve magistrate so far as the reference relates to any period on or after that commencement. Sch. 8 cl. 51 inserted by No. 5/2013 s. 40. 51 Regulations dealing with transitional Legislation Amendment (Reserve Judicial Officers) Act 2013 Sch. 8 (1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the
Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, including the repeals and amendments made by that Act. (2) Regulations made under this clause may— (a) have a retrospective effect to a day on or from the day on which the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 received the Royal Assent; and (b) be of limited or general application; and (c) leave any matter or thing to be decided by a specified person or class of person; and (d) provide for the exemption of persons or things or a class of persons or things from any of the regulations made under this clause. (3) Regulations under this clause have effect despite anything to the contrary— Sch. 8 (a) in any Act (other than the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 or the Charter of Human Rights and Responsibilities Act 2006); or (b) in any subordinate instrument. (4) This clause is repealed on the second anniversary of the day on which it comes into operation. Sch. 8 cl. 51A inserted by No. 63/2013 s. 48. 51A Transitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013 A reserve magistrate currently engaged by the Attorney-General under section 9C as in force immediately before the amendment of that section by the Courts Legislation Amendment (Judicial Officers) Act 2013 is taken to have been engaged by the Chief Magistrate under section 9C as
Assent Date: 25.6.91 Commencement Date: 22.4.92: Government Gazette 15.4.92 p. 898 : All of Act in operation Crimes (Rape) Act 1991, No. 81/1991 Assent Date: 3.12.91 Commencement Date: S. 10(Sch. items 2.1, 2.2) on 1.1.92: Government Gazette 18.12.91 p. 3486 : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Crimes (Confiscation of Profits) (Amendment) Act 1991, No. 90/1991 Assent Date: 10.12.91 Commencement Date: S. 35 on 1.9.92: Government Gazette 12.8.92 p. 2179 : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Children and Young Persons (Amendment) Act 1992, No. 69/1992 Assent Date: 24.11.92 Commencement Date: S. 35 on 22.2.93: Government Gazette 28.1.93 p. 2179 : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Employee Relations Act 1992, No. 83/1992 Assent Date: 24.11.92 Commencement Date: S. 181 on 4.1.93: Special Gazette (No. 63) 27.11.92 p. 1 : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Evidence (Unsworn Evidence) Act 1993, No. 12/1993 Assent Date: 11.5.93 Commencement Date: 11.5.93: s. 2 : All of Act in operation Endnotes Historic Shipwrecks (Amendment) Act 1993, No. 67/1993 Assent Date: 21.9.93 Commencement Date: 21.9.93: s. 2 : All of Act in operation Summary Offences (Stolen Cattle) Act 1993, No. 71/1993 Assent Date: 5.10.93 Commencement Date: 5.10.93: s. 2 : All of Act in operation Crimes (Amendment) Act 1993, No. 129/1993
Assent Date: 11.6.97 Commencement Date: Pt 7 (ss 64, 65, 66(2)–(4)) on 1.9.97: s. 2(2); s. 66(1) on 1.7.98: s. 2(4) : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Sentencing (Amendment) Act 1997, No. 69/1997 Assent Date: 18.11.97 Commencement Date: Ss 26–29 on 18.11.97: s. 2(1) : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Endnotes Crimes (Amendment) Act 1997, No. 81/1997 Assent Date: 2.12.97 Commencement Date: Ss 12, 13 on 1.1.98: s. 2(2) : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Law and Justice Legislation (Further Amendment) Act 1997, No. 84/1997 Assent Date: 2.12.97 Commencement Date: S. 52 on 1.8.98: s. 2(8) : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Accident Compensation (Miscellaneous Amendment) Act 1997, No. 107/1997 Assent Date: 23.12.97 Commencement Date: S. 75 on 23.12.97: s. 2(1) : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Confiscation Act 1997, No. 108/1997 Assent Date: 23.12.97 Commencement Date: S. 154 on 1.7.98: Government Gazette 25.6.98 p. 1561 : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Health Services (Amendment) Act 1998, No. 13/1998 Assent Date: 28.4.98 Commencement Date: 28.4.98: s. 2 : All of Act in operation State Trustees (Amendment) Act 1998, No. 15/1998 Assent Date: 28.4.98 Commencement Date: S. 9 on 1.8.98: s. 2(3) : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Miscellaneous Acts (Omnibus No. 1) Act 1998, No. 43/1998
Open Courts Act 2013, No. 58/2013 Assent Date: 22.10.13 Commencement Date: Ss 48–52 on 1.12.13: s. 2(2) : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Courts Legislation Amendment (Judicial Officers) Act 2013, No. 63/2013 Assent Date: 6.11.13 Commencement Date: Ss 40–48, 74–79 on 1.2.14: s. 2(2) : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Courts and Other Justice Legislation Amendment Act 2013, No. 68/2013 Assent Date: 19.11.13 Commencement Date: S. 8 on 1.8.13: s. 2(2); ss 4–7 on 1.2.14: Special Gazette (No. 17) 28.1.14 p. 1 : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Statute Law Revision Act 2013, No. 70/2013 Assent Date: 19.11.13 Commencement Date: S. 3(Sch. 1 item 27) on 1.12.13: s. 2(1) : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Endnotes ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes