S. 3(1) def. of Infringements Court inserted by No. 12/2006 s. 169(b), repealed by No. 47/2014 s. 268(b). * * * * * S. 3(1) def. of infringements registrar inserted by No. 12/2006 s. 169(b), repealed by No. 47/2014 s. 268(b). * * * * * S. 3(1) def. of infringement warrant inserted by No. 12/2006 s. 169(b), repealed by No. 47/2014 s. 268(b). * * * * * 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 judge of the County Court inserted by No. 3/2016 s. 32(1). judge of the County Court means a judge of the County Court appointed under the County Court Act 1958, other than the Chief Judge or a reserve judge appointed under that Act; 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 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Nos 49/1991 s. 119(7) (Sch. 4 item 13.1), 48/1997 s. 64, 65/2004 s. 4(2), 80/2005 s. 19, 93/2005 s. 10, 30/2009 s. 196, repealed by No. 7/2009 s. 427(1)(a) (as amended by No. 68/2009 s. 54(m)). * * * * * S. 3(1) def. of sexual offence inserted by No. 8/1991 s. 12, repealed by No. 7/2009 s. 427(1)(a) (as amended by No. 68/2009 s. 54(m)). new def. of sexual offence inserted by No. 68/2009 s. 97(Sch. item 82.1). sexual offence has the same meaning as in the Criminal Procedure Act 2009; subordinate instrument has the same meaning as in the Interpretation of Legislation Act 1984; S. 3(1) def. of the rules amended by No. 64/1996 s. 24(e). the rules means rules of court jointly made by the Chief Magistrate together with 2 or more Deputy Chief Magistrates, whether under the powers conferred by this Act or otherwise;
(c) any member of the Aboriginal community who is present in court. (6) Subject to this Act, the regulations and the rules, the Koori Court Division may regulate its own procedure. S. 4E inserted by No. 27/2002 s. 6. 4E Jurisdiction of Koori Court Division The Koori Court Division has— (a) the jurisdiction to deal with a proceeding for an offence given to it by section 4F; and S. 4E(b) amended by Nos 68/2009 s. 97(Sch. item 82.5), 26/2012 s. 22(1). (b) jurisdiction to deal with a contravention of a sentence imposed by it (including any offence constituted by such a contravention) or variation of such a sentence, in the circumstances set out in section 4EA; and 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— S. 4EA(b)(i) amended by No. 19/2017 s. 50(1). (i) a sexual offence as defined in section 6B(1) of the Sentencing Act 1991; and
Notes to s. 4K inserted by No. 68/2009 s. 97(Sch. item 82.12). Notes 1 For party to a proceeding, see section 3(1). 2 If a witness is the complainant in a criminal proceeding, Divisions 4 and 6 of Part 8.2 of Chapter 8 of the Criminal Procedure Act 2009 also apply. S. 4L inserted by No. 77/2004 s. 4. 4L Restriction on children being called as witnesses or present in court S. 4L(1) amended by Nos 52/2008 s. 253(3), 53/2016 s. 106(1). (1) A child must not be present during, or called as a witness in, proceedings in the Family Violence Court Division, other than proceedings for a family violence intervention order or a proceeding relating to a recognised DVO, if— (a) the child is a family member of a party to the proceedings; or (b) the proceedings arise from or include allegations of family violence and the child is a family member of the alleged victim of that family violence. (2) However, subsection (1) does not apply if— S. 4L(2)(a) amended by No. 68/2009 s. 97(Sch. item 82.13). (a) the child is the accused, defendant or respondent (within the meaning of the Family Violence Protection Act 2008) in the proceedings; or (b) the Family Violence Court Division makes an order allowing the child to be present or called as a witness (as the case may be). S. 4L(3) inserted by No. 53/2016 s. 106(2). (3) For the purposes of subsection (1), a proceeding relating to a recognised DVO is a proceeding for the variation, extension or revocation of a DVO that is a recognised DVO, both within the meaning of the National Domestic Violence Order Scheme Act 2016.
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 Nos 52/2008 s. 254(1), 53/2016 s. 108(1). (b) in the case of a civil proceeding or a proceeding under the Family Violence Protection Act 2008 or the National Domestic Violence Order Scheme Act 2016— (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 (iii) the whole or a material part of the cause of action or claim arose in the municipal district; or (iv) the whole or a material part of the allegations of family violence occurred in the municipal district. (3) Subject to subsection (4), the Neighbourhood Justice Division has— (a) the jurisdiction of the Court given by section 25; and (b) the jurisdiction given to the Court with respect to a criminal proceeding by or under any other Act; and
S. 11 repealed by No. 16/2005 s. 8(2). * * * * * S. 12 amended 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. 12A inserted by No. 16/2016 s. 198. 12A Administrative responsibility of Chief Magistrate (1) The Chief Magistrate is responsible for ensuring the effective, orderly and expeditious discharge of the business of the Court. (2) The Chief Magistrate has the power to do all things necessary or convenient to be done to perform the Chief Magistrate's responsibilities under subsection (1). (3) Nothing in this section limits the responsibilities, functions or powers of the Chief Magistrate under this or any other Act.
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 Magistrates may jointly make rules of court for or with respect to generally prescribing any matter or thing required or permitted by this Act to be prescribed by rules of court or necessary to be prescribed by rules of court to give effect to this Act. S. 16(1C) inserted by No. 19/2005 s. 7(2). (1C) In exercising a power conferred by subsection (1A)(j), (k) or (l) to make rules, the Chief Magistrate and the Deputy Chief Magistrates must have regard to the interests of the community in ensuring the prompt and efficient disposal of criminal proceedings. S. 16(1D) inserted by No. 19/2005 s. 7(2). (1D) A power conferred by this Act to make rules may be exercised— (a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and
S. 16(3) repealed by No. 64/1996 s. 30(2). * * * * * S. 16(4) repealed by No. 19/2005 s. 9(1). * * * * * (5) The proposed Magistrates' Court Civil Procedure Rules 1989 approved by a majority of the magistrates on 17 March 1989— (a) are for all purposes (including the purposes of the Subordinate Legislation Act 1962) to be treated; and (b) have effect; and (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
(3) Process issued by a registrar may be recalled and cancelled by— (a) that registrar; or (b) if that registrar is dead or has ceased to hold office or cannot be located, a magistrate. 21 Powers of registrar (1) A registrar has the following powers in addition to those conferred on him or her by this or any other Act or the Rules— (a) power to issue any process out of the Court; (b) power to administer an oath; S. 21(1)(c) substituted by No. 68/2009 s. 97(Sch. item 82.24). (c) if a person has been granted bail in relation to a criminal proceeding, power to extend the bail of the person attending on a day on which the criminal proceeding is listed before the Court; (d) power to endorse a warrant to arrest in accordance with section 62; (e) power to sign any licence or certificate which the Court is authorised to issue; S. 21(1)(f) amended by No. 53/2016 s. 109(a). (f) power to hear and determine any application, and exercise any power or authority of the Court, under section 58, 59 or 60 of the Supreme Court Act 1986; S. 21(1)(g) inserted by No. 53/2016 s. 109(b). (g) power to make a declaration under Division 4 of Part 7 of the National Domestic Violence Order Scheme Act 2016. (2) Subsection (1)(c) does not empower a registrar to vary the amount or conditions of bail.
S. 22 amended by No. 9/1995 s. 11(3)(a). 22 Fees (1) Subject to subsection (2), a registrar must demand and receive the prescribed fees. S. 22(2) inserted by No. 9/1995 s. 11(3)(b). (2) The appropriate registrar may, having regard to the income, day to day living expenses, liabilities and assets of the person liable to pay a prescribed fee in a civil proceeding, waive payment of that fee if, in his or her opinion, the payment of that fee by that person would cause him or her financial hardship and, in that case, that prescribed fee is not payable. S. 22(3) inserted by No. 64/1996 s. 32. (3) Subsections (1) and (2) do not apply to fees payable to the sheriff. 23 Extortion by and impersonation of court officials The following persons are guilty of an offence and liable to a fine of not more than 20 penalty units or to imprisonment for a term of not more than 2 years or to both— (a) a court official who extorts, demands, takes or accepts from any person any unauthorised fee or reward; (b) a court official who pretends to be the holder of an office or position in or in relation to the Court which he or she does not hold; (c) any person who is not a court official and who pretends to be a court official. S. 24 amended by No. 64/2010 s. 64. 24 Protection of registrars The principal registrar, a registrar and a deputy registrar have, in the performance of their duties in good faith, the same protection and immunity as a magistrate has in the performance of his or her duties as a magistrate.
S. 79(1)(d)(iii) amended by Nos 46/1998 s. 7(Sch. 1) (as amended by No. 12/1999 s. 3(Sch. 1 item 19)), 68/2009 s. 97(Sch. item 82.36(b)). (iii) is returned to the custody of the Secretary to the Department of Human Services under section 333(1)(c) of the Criminal Procedure Act 2009; or (e) as authorised by any other Act. 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.
(b) that is stated by regulations made for the purposes of this section to be a specified agency— but does not include a person or body listed in section 90A(1) of the Melbourne City Link Act 1995. S. 99A(2) amended by No. 12/2006 s. 172(a). (2) Words and expressions used in this section have the same meanings as in section 124A. S. 99A(3) amended by Nos 12/2006 s. 172(b), 47/2014 s. 276(1)(2). (3) The registrar, the sheriff and any contractor or sub-contractor supporting the functions of the Court under the Fines Reform Act 2014 or the sheriff may, for the purpose of the enforcement of court orders and fines, request information that may assist in carrying out that purpose from any person or body. S. 99A(4) amended by Nos 12/2006 s. 172(c), 47/2014 s. 276(3)(4). (4) On the written request of the registrar, the sheriff or any contractor or subcontractor supporting the functions of the Court under the Fines Reform Act 2014 or the sheriff, a specified agency may give the person or body making the request access to any information held by the agency that may be of use in the enforcement of court orders and fines. (5) A person who obtains access to any information as a result of a request made under this section— (a) may use the information to enforce court orders and fines; but (b) is otherwise subject to all the requirements and restrictions concerning the use and disclosure of the information that apply to the person who provided, or granted access to, the information in response to the request.
(c) in any manner in which trust money may be invested by a trustee under the Trustee Act 1958. (2) Despite anything to the contrary in any other Act or any rule of law, all income derived from the investment of money under subsection (1) must be paid into the Consolidated Fund. S. 139 substituted by No. 68/2009 s. 97(Sch. item 82.53). 139 Manner of service where none is prescribed (1) If by or under this Act a person is required to serve a document and no provision is made, other than in this section, as to how the document is to be served, the document must be served by— (a) giving a copy of the document to the person to be served; or (b) if the person does not accept the copy, putting the copy down in the person's presence and telling the person the nature of the document; or (c) leaving a copy of the document for the person at the person's last known or usual place of residence or business with a person who appears to be of or over the age of 16 years. (2) If the person to be served is a company or registered body (within the meaning of the Corporations Act), a document may be served on the company or body in accordance with section 109X or 601CX of that Act, as the case requires. S. 139A inserted by No. 64/1996 s. 37, amended by No. 26/2002 s. 4 (ILA s. 39B(1)). 139A Supreme Court—limitation of jurisdiction (1) It is the intention of section 108A to alter or vary section 85 of the Constitution Act 1975.
Sch. 1 Pt 1 cl. 9 amended by Nos 22/1995 s. 27(f), 31/2004 s. 7(3), 63/2013 s. 78(3), 29/2015 s. 85(7). 9. Nothing in this Part authorises the salaries or the aggregate value of the allowances payable to the Chief Magistrate, a Deputy Chief Magistrate and the other magistrates to be reduced. Sch. 1 Pt 1 cl. 9A inserted by No. 83/2008 s. 11(2), repealed by No. 29/2015 s. 85(6). * * * * * Sch. 1 Pt 1 cl. 10 amended by Nos 64/1990 s. 20(Sch. item 4.3(g)), 22/1995 s. 27(g), substituted by No. 1/2000 s. 5(1). 10. The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent— Sch. 1 Pt 1 cl. 10(a) amended by Nos 83/2008 s. 11(3), 29/2015 s. 71. (a) the amounts (including the amount of any nonsalary benefits) payable to or for a magistrate; and Sch. 1 Pt 1 cl. 10(b) amended by No. 67/2013 s. 649(Sch. 9 item 24(2)(a)). (b) premiums and other amounts payable under the Workplace Injury Rehabilitation and Compensation Act 2013 in respect of the magistrates; and Sch. 1 Pt 1 cl. 10(c) substituted by No. 26/2007 s. 114(1). (c) superannuation contributions (within the meaning of the Payroll Tax Act 2007) payable in respect of the magistrates; and
Sch. 1 Pt 2 (Heading and cls 11, 12) amended by Nos 64/1990 s. 20(Sch. item 4.3(g)), 1/2000 ss 5(2), 6, 4/2002 s. 12(4)(c), 38/2004 s. 14(2), 3/2005 s. 12, 26/2007 s. 114(2), 83/2008 s. 12, substituted by No. 5/2013 s. 39. Part 2—Reserve magistrates Sch. 1 Pt 2 cl. 11 substituted by No. 5/2013 s. 39. Sch. 1 Pt 2 cl. 11 (Heading) amended by No. 29/2015 s. 86(1). 11 Salary, allowances and other conditions of service of reserve magistrate Sch. 1 Pt 2 cl. 11(1) substituted by No. 29/2015 s. 86(2). (1) Each reserve magistrate engaged to undertake the duties of a magistrate under section 9C is entitled to be paid a salary in accordance with the rate for the time being applicable for that office under the Judicial Entitlements Act 2015. Sch. 1 Pt 2 cl. 11(2) substituted by No. 29/2015 s. 86(2). (2) Each reserve magistrate engaged to undertake the duties of a magistrate under section 9C is entitled to the allowances and other conditions of service for that office that are for the time being applicable under the Judicial Entitlements Act 2015. Sch. 1 Pt 2 cl. 11(3)–(9) repealed by No. 29/2015 s. 86(3). * * * * *
Sch. 8 cl. 51 inserted by No. 5/2013 s. 40, repealed by No. 51/1989 Sch. 8 cl. 51(4). * * * * * 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 amended by that Act and his or her engagement continues and has effect accordingly. Sch. 8 cl. 51B inserted by No. 63/2013 s. 79. 51B Transitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013—part-time magistrates A magistrate who was a part-time magistrate as defined in section 3(1) immediately before the repeal of that definition by the Courts Legislation Amendment (Judicial Officers) Act 2013, on and from that repeal— (a) continues to hold the office of magistrate; and (b) is taken to be serving under a part-time service arrangement on the same terms as applied to the magistrate in his or her capacity as a part-time magistrate. Sch. 8 cl. 52 inserted by No. 58/2013 s. 52. 52 Savings—Open Courts Act 2013 (1) Despite the repeal of section 126 by the Open Courts Act 2013, section 126 (as in force immediately before its repeal) continues to apply on and after its repeal in relation to a proceeding
Juries Act 2000, No. 53/2000 Assent Date: 12.9.00 Commencement Date: S. 97 on 1.8.01: s. 2(3) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000 Assent Date: 21.11.00 Commencement Date: S. 57 on 1.1.01: s. 2(4) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Statute Law Revision Act 2000, No. 74/2000 Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 75) on 22.11.00: s. 2(1) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Magistrates' Court (Committal Proceedings) Act 2000, No. 92/2000 Assent Date: 5.12.00 Commencement Date: Ss 4–10 on 1.7.01: s. 2(2) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Information Privacy Act 2000, No. 98/2000 Assent Date: 12.12.00 Commencement Date: S. 75 on 1.9.01: s. 2(2) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Magistrates' Court (Infringements) Act 2000, No. 99/2000 (as amended by No. 12/2001) Assent Date: 12.12.00 Commencement Date: Ss 3–14 on 1.7.01: s. 2(3) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Health Records Act 2001, No. 2/2001 Assent Date: 10.4.01 Commencement Date: S. 110 on 1.7.02: s. 2(2) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001 Assent Date: 8.5.01 Commencement Date: S. 3(Sch. item 44) on 1.6.01: s. 2(2) Current State: This information relates only to the provision/s 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 Current State: 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 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Justice and Road Legislation Amendment (Law Enforcement) Act 2007, No. 52/2007 Assent Date: 17.10.07 Commencement Date: S. 3 on 28.2.08: Government Gazette 31.1.08 p. 196 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Justice Legislation Amendment Act 2007, No. 53/2007 Assent Date: 17.10.07 Commencement Date: S. 23 on 8.11.07: Government Gazette 8.11.07 p. 2579 Current State: This information relates only to the provisions amending the Magistrates' Court Act 1989 Criminal Procedure Legislation Amendment Act 2008, No. 8/2008 Assent Date: 18.3.08 Commencement Date: Ss 5, 6, 11, 14–16, 20 on 1.7.08: s. 2(5) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Relationships Act 2008, No. 12/2008 Assent Date: 15.4.08 Commencement Date: S. 73(1)(Sch. 1 item 39) on 1.12.08: s. 2(2) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Justice Legislation Amendment (Sex Offences Procedure) Act 2008, No. 18/2008 Assent Date: 13.5.08 Commencement Date: S. 14 on 1.7.08: s. 2(2) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Constitution Amendment (Judicial Pensions) Act 2008, No. 23/2008 Assent Date: 3.6.08 Commencement Date: S. 20 on 4.6.08: s. 2(1) Current State: This information relates only to the provisions amending the Magistrates' Court Act 1989