S. 3(1) def. of infringements registrar inserted by No. 12/2006 s. 169(b). infringements registrar has the same meaning as it has in the Infringements Act 2006; S. 3(1) def. of infringement warrant inserted by No. 12/2006 s. 169(b). infringement warrant has the same meaning as it has in the Infringements Act 2006; 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). 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 of mention date repealed by No. 7/2009 s. 427(1)(a) (as amended by No. 68/2009 s. 54(m)).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 (b) exercises powers or performs functions in relation to the Neighbourhood Justice Division of the Court; order includes judgment and conviction; S. 3(1) def. of part-time magistrate inserted by No. 31/2004 s. 3, repealed by No. 63/2013 s. 74(2). * * * * * S. 3(1) def. of part-time service arrangement inserted by No. 63/2013 s. 74(1). part-time service arrangement means an arrangement entered under section 7A; S. 3(1) def. of party inserted by No. 77/2004 s. 3(1), substituted by No. 52/2008 s. 251(1). party, to a proceeding for a family violence intervention order under the Family Violence Protection Act 2008 or a proceeding for an offence against that Act, includes, in sections 4J and 4K, an affected family member within the meaning of that Act;
plaintiff means a person who commences a civil proceeding in the Court; police gaol has the same meaning as in the Corrections Act 1986; S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 101.1(a)). police officer has the same meaning as in the Victoria Police Act 2013; S. 3(1) def. of prescribed amended by No. 68/2009 s. 97(Sch. item 82.2(d)). prescribed means prescribed by the regulations unless required to be prescribed by rules of court; principal registrar means principal registrar of the Court; prison has the same meaning as in the Corrections Act 1986; S. 3(1) def. of prison officer inserted by No. 34/1990 s. 4(Sch. 3 item 2). prison officer has the same meaning as in the Corrections Act 1986; probationary driver licence has the same meaning as in the Road Safety Act 1986; S. 3(1) def. of proceeding amended by No. 12/2006 s. 169(a). proceeding means any matter in the Court, including a committal proceeding, but does not include the exercise by a registrar of any jurisdiction, power or authority vested in the registrar as infringements registrar; S. 3(1) def. of process amended by Nos 33/1994 s. 4, 48/2006 s. 42(Sch. item 22.1(a)), 87/2009 s. 60(1). process includes witness summons, charge-sheet, summons to answer to a charge, complaint, warrant to arrest, remand warrant, search warrant, warrant to seize property, infringement warrant, warrant to imprison, warrant to detain in a youth justice centre,
(ii) a venue of the Court at which the Neighbourhood Justice Division may sit and act; S. 3(1) def. of protective services officer inserted by No. 43/2011 s. 34, substituted by No. 37/2014 s. 10(Sch. item 101.1(c)). protective services officer has the same meaning as in the Victoria Police Act 2013; S. 3(1) def. of registered valuer repealed by No. 91/1994 s. 36(7)(a). * * * * * registrar means registrar of the Court; S. 3(1) def. of reserve magistrate inserted by No. 5/2013 s. 31(2). reserve magistrate means a person appointed under section 9A; 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. 4(3A) inserted by No. 83/1992 s. 181(b), amended by Nos 64/1996 s. 25, 36/2007 s. 3(2). (3A) Despite subsection (3), the Industrial Division shall only be constituted by a magistrate who has been assigned to that Division by an Order made by the Governor in Council. S. 4(3AB) inserted by No. 19/2005 s. 4(3). (3AB) Nothing in subsection (3A) prevents the Industrial Division being constituted by a judicial registrar in accordance with subsection (3AA). S. 4(3B) inserted by No. 83/1992 s. 181(b), amended by No. 35/1996 s. 453(Sch. 1 item 53.1). (3B) Despite anything to the contrary in this Act, a party to a proceeding in the Industrial Division may appear by a person who is not a legal practitioner if that person is authorised in writing by the party to appear for the party. S. 4(3C) inserted by No. 83/1992 s. 181(b). (3C) The Industrial Division must exercise its jurisdiction with the minimum of legal form and technicality. S. 4A inserted by No. 2/2002 s. 10. 4A Establishment of Division (1) The Court has a Drug Court Division. (2) The Division has such of the powers of the Court as are necessary to enable it to exercise its jurisdiction. (3) Despite section 4(3), the Drug Court Division shall only be constituted by a magistrate who has been assigned to that Division by the Chief Magistrate by notice published in the Government Gazette. S. 4A(3A) inserted by No. 19/2005 s. 4(4). (3A) Nothing in subsection (3) prevents the Drug Court Division being constituted by a judicial registrar in accordance with section 4(3AA). (4) Despite anything to the contrary in this Act, the Drug Court Division may only sit and act at a venue of the Court specified by the Chief
S. 5A inserted by No. 64/1996 s. 27. 5A Mention courts The Chief Magistrate may from time to time, by notice published in the Government Gazette, nominate a venue of the court as a mention court, whether generally or for a particular class of proceeding. 6 Magistrate to be in attendance (1) The Chief Magistrate must make arrangements for a magistrate to attend on the day and at the time and place at which the Court is to be held. (2) If a magistrate does not arrive at the place at which the Court is to be held before the time fixed for the holding of the Court, a registrar may open the Court and adjourn all proceedings to another day or to another venue, as directed by a magistrate. 7 Appointment of magistrates (1) The Governor in Council may appoint as many magistrates as are necessary for transacting the business of the Court. S. 7(1A) inserted by No. 31/2004 s. 4(1), repealed by No. 63/2013 s. 75(1). * * * * * (2) The Governor in Council may appoint one of the magistrates to be Chief Magistrate and two or more to be Deputy Chief Magistrates. S. 7(2A) inserted by No. 39/2003 s. 5. (2A) A Deputy Chief Magistrate appointed on or after the commencement of section 5 of the Courts Legislation (Amendment) Act 2003 holds office for a term not exceeding 5 years specified in the instrument of appointment, but is eligible for reappointment.
S. 8(1AAA) inserted by No. 31/2013 s. 6(1). (1AAA) The Governor in Council may appoint a Deputy Chief Magistrate, nominated by the Chief Magistrate, to be Acting Chief Magistrate during any period when the Chief Magistrate is absent on leave or for any reason is temporarily unable to perform the duties of the office of Chief Magistrate. S. 8(1) amended by Nos 5/2013 s. 33, 31/2013 s. 6(2). (1) The Governor in Council may appoint one of the magistrates (other than a reserve magistrate) to be Acting Chief Magistrate— (a) during any period when the Chief Magistrate is absent on leave or for any reason is temporarily unable to perform the duties of the office of Chief Magistrate if an appointment has not been made under subsection (1AAA); or (b) if there is a vacancy in the office of Chief Magistrate. S. 8(1A) inserted by No. 64/1996 s. 28(1), substituted by No. 31/2013 s. 6(3). (1A) The senior of the Deputy Chief Magistrates willing to act as Chief Magistrate shall act as Chief Magistrate if there is— (a) a period when the Chief Magistrate is for any reason temporarily unable to perform the duties of the office of Chief Magistrate and an appointment has not been made under subsection (1AAA) or (1)(a); or (b) a vacancy in the office of Chief Magistrate and an appointment has not been made under subsection (1)(b). S. 8(1B) inserted by No. 64/1996 s. 28(1), amended by No. 31/2013 s. 6(4). (1B) If the appointment of 2 or more Deputy Chief Magistrates took place on the same date, the Deputy Chief Magistrates have seniority according to the seniority assigned in the instruments of appointment as Deputy Chief Magistrate, or if there is no such assignment,
S. 11 repealed by No. 16/2005 s. 8(2). * * * * * S. ended by No. 16/2005 s. 8(3)(a). 12 Vacation of office A person ceases to hold office as a magistrate if— S. 12(a) amended by Nos 9/1995 s. 10(1)(d), 16/2005 s. 8(3)(b). (a) he or she attains the age of 70 years; or S. 12(b) substituted by No. 16/2005 s. 8(3)(c). (b) he or she is removed from office by the Governor in Council in accordance with Part IIIAA of the Constitution Act 1975; or S. 12(c) inserted by No. 16/2005 s. 8(3)(c). (c) his or her office is abolished by or under an Act. S. 13 amended by No. 64/1996 s. 29, substituted by No. 43/1998 s. 45. 13 Assignment of duties S. 13(1) amended by No. 36/2007 s. 3(3). (1) The Chief Magistrate may assign duties to a magistrate or judicial registrar. S. 13(2) amended by No. 36/2007 s. 3(3). (2) A magistrate or judicial registrar must carry out the duties that are from time to time assigned to him or her by the Chief Magistrate.
(ii) the equipment, or class of equipment, used to establish the link; (iii) the layout of cameras; (iv) the standard, or speed, of transmission; (v) the quality of communication; (vi) any other matter relating to the link; S. 16(1A)(q) amended by No. 69/2009 s. 54(Sch. Pt 2 item 32). (q) applications to the Court under Division 2 or 3 of Part IIA of the Evidence (Miscellaneous Provisions) Act 1958; S. 16(1A)(r) amended by No. 69/2009 s. 54(Sch. Pt 2 item 32). (r) any matter relating to the practice and procedure of the Court under Part IIA of the Evidence (Miscellaneous Provisions) Act 1958; (s) the forms to be used in criminal proceedings; S. 16(1A)(t) substituted by No. 68/2009 s. 97(Sch. item 82.22). (t) the matters to be considered in determining the last known place of residence or business of a person for the purpose of service of a document on the person in a criminal proceeding; (u) the recording of proceedings in the Court; (v) generally, any matter relating to the practice and procedure of the Court in criminal proceedings. S. 16(1AB) inserted by No. 68/2009 s. 97(Sch. item 82.23). (1AB) Rules made under subsection (1A) must not be inconsistent with the Criminal Procedure Act 2009. S. 16(1B) inserted by No. 19/2005 s. 7(2). (1B) Without limiting any other power to make rules of court conferred by this or any other Act, the Chief Magistrate together with 2 or more Deputy Chief
(c) may be revoked or amended— as if they had been made under this Act on the day on which this Act received the Royal Assent. S. 16A inserted by No. 64/1996 s. 31. 16A Practice notes (1) The Chief Magistrate may from time to time issue practice directions, statements or notes for the Court in relation to civil or criminal proceedings or any class of civil or criminal proceedings. (2) Practice directions, statements or notes issued under subsection (1) must not be inconsistent with any provision made by or under this or any other Act. S. 16AB inserted by No. 63/2013 s. 46. 16AB Constitution of Court if magistrate unable to continue and constitution of Court in certain circumstances (1) Subject to subsection (2), despite anything in any Act or the rules, any power, duty or act which might have been exercised or performed by the Court constituted by a magistrate may be exercised or performed by the Court constituted by any other magistrate if the Court cannot for any reason be constituted by that first mentioned magistrate. (2) If this Act or the rules provide that a division of the Court must be constituted by a magistrate assigned to that division, the Court may only be constituted under subsection (1) by a magistrate who is assigned to the relevant division. (3) For the avoidance of doubt, for the purpose of completion of any matter whether under section 9EA or otherwise, the Court may be constituted or continue to be constituted by a reserve magistrate who is a magistrate without
S. 16C(2) amended by No. 34/2010 s. 50. (2) The Attorney-General, on receiving a recommendation under subsection (1), may recommend to the Governor in Council that a judicial registrar, or more than one judicial registrar, of the Court be appointed under subsection (3). (3) The Governor in Council, on the recommendation of the Attorney-General, may appoint a person as a judicial registrar of the Court for the period, not exceeding 5 years, specified in his or her instrument of appointment. (4) A person is not eligible for appointment as a judicial registrar unless he or she is— S. 16C(4)(a) substituted by No. 19/2005 s. 6. (a) an Australian lawyer within the meaning of the Legal Profession Act 2004; or (b) enrolled as a legal practitioner of the High Court of Australia. (5) A judicial registrar may be appointed on a or part-time basis. (6) A judicial registrar, although not appointed on a part-time basis, may, by agreement in writing entered into with the Chief Magistrate, undertake the duties of a judicial registrar on a part-time basis. S. 16C(7) amended by No. 62/2014 s. 91. (7) A judicial registrar is eligible for re-appointment in accordance with this section if the Chief Magistrate recommends to the Attorney-General that the person be re-appointed. (8) The Public Administration Act 2004 does not apply to a judicial registrar in respect of the office of judicial registrar.
S. 57(1)(g) inserted by No. 33/1994 s. 9(1), substituted by No. 32/2006 s. 88(2). (g) infringement warrant. (2) The person issuing a warrant must cause the prescribed particulars of the warrant to be entered in the register. (3) A warrant must name or otherwise describe the person or property against whom or which it is issued. (4) All warrants, other than a search warrant, may be issued by a registrar or a magistrate. (5) A search warrant may only be issued by a magistrate. (6) Remand warrants may be issued by a bail justice. (7) A judge of the Supreme Court or judge of the County Court may exercise any power conferred on a magistrate by or under this Act with respect to the issue, recall or cancellation of a warrant or duplicate copy of a warrant. S. 57(7A) inserted by No. 68/2009 s. 97(Sch. item 82.28), amended by Nos 30/2010 s. 86(1), 48/2012 s. 39(1). (7A) The registrar of the County Court may issue a warrant to imprison in the circumstances set out in sections 263(4), 266(3A) and 267(1A) of the Criminal Procedure Act 2009. S. 57(7B) inserted by No. 68/2009 s. 97(Sch. item 82.28), amended by Nos 30/2010 s. 86(2), 48/2012 s. 39(2). (7B) The registrar of the County Court or the prothonotary of the Supreme Court may issue a warrant to detain in a youth justice centre or a youth residential centre in the circumstances set out in sections 430(4), 430C(5) and 430D(1A) of the Children, Youth and Families Act 2005.
S. 69(2) amended by No. 37/2014 s. 10(Sch. item 101.4(b)). (2) A warrant to imprison directed to a named police officer may be executed by any police officer. S. 69(3) inserted by No. 34/1990 s. 4(Sch. 3 item 6), amended by No. 37/2014 s. 10(Sch. item 101.4(c)). (3) A warrant to imprison directed to a named police officer or to generally all police officers may be executed by any prison officer. S. 69(3A) inserted by No. 69/1997 s. 28(1). (3A) A warrant to imprison under section 68(b) to be directed to the sheriff may be issued, not in paper form, but by a magistrate or registrar signing a document containing the following particulars in relation to persons against whom a warrant is to be issued under that section and causing those particulars to be transferred electronically to the sheriff in accordance with the regulations, if any— (a) the name of the person in default; (b) the type of warrant; (c) the amount of the fine or instalment remaining unpaid; (d) the period for which, or the circumstances in which, the person in default is to be kept in custody under the warrant; (e) the date of issue of the warrant; (f) the name of the magistrate or registrar signing the document; (g) any other particulars that are prescribed.
S. 79(2) amended by No. 68/2009 s. 97(Sch. item 82.37). (2) If an accused is remanded in custody on two or more charges to be heard by the same court at the same time and place, the Court may issue one remand warrant in respect of all the charges. 80 Persons to whom remand warrant may be directed (1) A remand warrant may be directed to— S. 80(1)(a) amended by No. 37/2014 s. 10(Sch. item 101.7(a)(i)). (a) a named police officer; or S. 80(1)(b) amended by No. 37/2014 s. 10(Sch. item 101.7(a)(ii)). (b) generally all police officers; or S. 80(1)(ba) inserted by No. 34/1990 s. 4(Sch. 3 item 9). (ba) generally all prison officers; or (c) any other person authorised by law to execute a remand warrant. S. 80(2) amended by No. 37/2014 s. 10(Sch. item 101.7(b)). (2) A remand warrant directed to a named police officer may be executed by any police officer. S. 80(3) inserted by No. 34/1990 s. 4(Sch. 3 item 10), amended by No. 37/2014 s. 10(Sch. item 101.7(c)). (3) A remand warrant directed to a named police officer or to generally all police officers may be executed by any prison officer.
Pt 4 Div. 3 Subdiv. 7 (Heading and ss 82A–82F) inserted by No. 33/1994 s. 11(1), amended by Nos 45/1996 s. 18(Sch. 2 item 9.4), 70/1996 s. 7, 84/1997 s. 52, 99/2000 s. 3, 3/2005 s. 26, repealed by No. 12/2006 s. 176(1). * * * * * Pt 4 Div. 3 Subdiv. 8 (Heading and ss 82G–82I) inserted by No. 99/2000 s. 4. Subdivision 8—Special powers of the sheriff in executing warrants S. 82G inserted by No. 99/2000 s. 4, repealed by No. 9/2009 s. 73. * * * * * S. 82H inserted by No. 99/2000 s. 4, repealed by No. 9/2009 s. 74. * * * * * S. 82I inserted by No. 99/2000 s. 4. 82I Power to assist police at road checks S. 82I(1) amended by Nos 30/2013 s. 60(Sch. item 7), 37/2014 s. 10(Sch. item 101.8). (1) This section applies if a police officer exercising a power conferred (whether directly or by implication) by the Road Safety Act 1986 or the Heavy Vehicle National Law (Victoria) requests or signals the driver of a motor vehicle to stop the vehicle.
the Court in a proceeding heard and determined by it. (4) If the Court does not include in an award a statement of the reasons for making the award, the Court must, if requested to do so orally or in writing by a party to the arbitration within 28 days after the making of the award, furnish to that party within a reasonable time after receiving the request a statement in writing of the reasons for making the award. 105 Costs (1) If an arbitration relates to a complaint under which monetary relief is sought and the Court awards a party less than $500, the Court must not award costs unless satisfied that special circumstances make it appropriate to do so. (2) Subject to subsection (1), the Court may, in accordance with the regulations or, if there are no relevant regulations, then in accordance with the Rules, award costs to a party in respect of an arbitration under this Division. S. 106 amended by No. 50/2011 s. 46(Sch. item 12). 106 Commercial Arbitration Act not to apply The Commercial Arbitration Act 2011 does not apply to an arbitration under this Division. S. 106A inserted by No. 47/2010 s. 90. 106A Interaction with Civil Procedure Act 2010 The powers of the Court under this Division are in addition to, and do not derogate from, the powers
(5) If an applicant under this section fails to appear at the time fixed for the hearing of the application and the application is struck out, the applicant can re-apply only if the applicant first obtains the leave of the Court. Division 5—Enforcement 111 Enforcement of orders (1) An order made by the Court in a civil proceeding for the payment of money may, subject to and in accordance with the Rules, be enforced by one or more of the following means: (a) A warrant to seize property; (b) An attachment of earnings order; (c) An attachment of debts order. (2) A warrant to seize property may be directed to— (a) the sheriff; or S. 111(2)(b) amended by No. 37/2014 s. 10(Sch. item 101.9(a)(i)). (b) a named police officer; or S. 111(2)(c) amended by No. 37/2014 s. 10(Sch. item 101.9(a)(ii)). (c) generally all police officers. (3) A warrant to seize property directs and authorises the person to whom it is directed— (a) to seize the personal property of the person named or described in the warrant; and (b) if the sums named in the warrant together with all lawful costs of execution are not paid, to sell the personal property seized.
S. 124B(1)(e) inserted by No. 102/1998 s. 44(1), amended by No. 37/2014 s. 10(Sch. item 101.11(a)(ii)). (e) Victoria Police under Part 4 of the Melbourne City Link Act 1995 that are of a similar nature to the functions of Victoria Police referred to in paragraph (c) or (d). S. 124B(2) amended by No. 37/2014 s. 10(Sch. item 101.11(b)). (2) Nothing in this section limits, or takes away, any other power of the Ministers, whether under this or any other Act or otherwise, to enter into agreements for the provision of services of an administrative nature in support of any functions for which he or she is responsible. S. 124C inserted by No. 44/1997 s. 28. 124C Subject matter of agreement An agreement under section 124B(1)— (a) must provide for the services to be provided by the contractor; (b) must provide for the fees, costs and charges to be paid to the contractor; (c) must provide for objectives and performance standards in relation to the contractor's operations under the agreement; (d) must provide for standards of probity applicable to persons employed by, or engaged to provide services for, the contractor in connection with the contractor's operations under the agreement; (e) must provide for compliance by the contractor with all relevant provisions of any Act, regulations or other instrument of a legislative character; (f) must provide for rights of access in favour of the Crown to any premises occupied by the contractor in connection with the contractor's
Sch. 1 Pt 1 cl. 2(a) amended by Nos 64/1990 s. 20(Sch. item 4.3(b)(i)), 22/1995 s. 27(b)(i)(ii), 4/2002 s. 12(4)(a), 31/2004 s. 7(1)(a), substituted by No. 38/2004 s. 14(1)(b). (a) a salary at the rate for the time being applicable under the Judicial Salaries Act 2004; or Sch. 1 Pt 1 cl. 2(b) repealed by No. 64/1990 s. 20(Sch. item 4.3(b)(ii)), new Sch. 1 Pt 1 cl. 2(b) inserted by No. 31/2004 s. 7(1)(b), repealed by No. 63/2013 s. 78(1). * * * * * Sch. 1 Pt 1 cl. 2(c) repealed by No. 64/1990 s. 20(Sch. item 4.3(b)(ii)). * * * * * 3. A magistrate, not being the Chief Magistrate or a Deputy Chief Magistrate, is entitled to be paid—
Courts Legislation (Neighbourhood Justice Centre) Act 2006, No. 51/2006 Assent Date: 15.8.06 Commencement Date: Ss 3–5 on 2.1.07: Government Gazette 21.12.06 p. 2768 : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Crimes (Sexual Offences) (Further Amendment) Act 2006, No. 76/2006 Assent Date: 10.10.06 Commencement Date: S. 9 on 1.12.06: s. 2(4) : This information relates only to the provision/s amending the Magistrates' Court Act 1989 Justice Legislation (Further Amendment) Act 2006, No. 79/2006 Assent Date: 10.10.06 Commencement Date: S. 45 on 18.10.06: Special Gazette (No. 273) 17.10.06 p. 1 : This information relates only to the provisions amending the Magistrates' Court Act 1989 Major Events (Aerial Advertising) Act 2007, No. 13/2007 Assent Date: 8.5.07 Commencement Date: S. 48 on 9.5.07: s. 2 : This information relates only to the provisions amending the Magistrates' Court Act 1989 Courts Legislation Amendment (Judicial Education and Other Matters) Act 2007, No. 24/2007 Assent Date: 26.6.07 Commencement Date: S. 5 on 27.6.07: s. 2 : This information relates only to the provisions amending the Magistrates' Court Act 1989 Payroll Tax Act 2007, No. 26/2007 Assent Date: 26.6.07 Commencement Date: S. 114 on 1.7.07: s. 2(1) : This information relates only to the provisions amending the Magistrates' Court Act 1989 Magistrates' Court and Coroners Acts Amendment Act 2007, No. 36/2007 Assent Date: 14.8.07 Commencement Date: Ss 3–7 on 15.8.07: s. 2 : This information relates only to the provisions amending the Magistrates' Court Act 1989 Firearms Amendment Act 2007, No. 50/2007 Assent Date: 17.10.07 Commencement Date: S. 59 on 30.6.08: Government Gazette 26.6.08 p. 1388 : This information relates only to the provision/s amending the Magistrates' Court Act 1989