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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Constitution (Supreme Court) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENTS TO THE CONSTITUTION ACT 1975 3
3. Additional Judges of Trial Division 3
80C. Additional Judges of Trial Division 3
4. Statute law revision 4
PART 3--AMENDMENTS TO THE SUPREME COURT ACT 1986 5
5. New section 13A inserted 5
13A. When additional Trial Division Judge must not sit on
hearing of new trial 5
6. Statute law revision 5
PART 4--AMENDMENT TO THE MAGISTRATES' COURT ACT
1989 6
7. Amendment of regulation-making powers 6
PART 5--AMENDMENTS TO THE MAGISTRATES' COURT
(INFRINGEMENTS) ACT 2000 7
8. Commencement to be able to occur on different days 7
9. Expiry of enforcement orders 7
10. Changes concerning imprisonment 8
11. Amendments to transitional provisions 9
ENDNOTES 11
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541158B.I1-2/3/2001 BILL LA CIRCULATION 2/3/2001
PARLIAMENT OF VICTORIA
Initiated in Assembly 28 February 2001
A BILL
to amend the Constitution Act 1975, the Supreme Court Act 1986,
the Magistrates' Court Act 1989 and the Magistrates' Court
(Infringements) Act 2000 and for other purposes.
Constitution (Supreme Court) Act 2001
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to make provision for the temporary
5 assignment of Judges of Appeal as additional
Judges of the Trial Division of the Supreme
Court; and
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Constitution (Supreme Court) Act 2001
s. 2
Act No.
(b) to broaden the regulation-making powers
under the Magistrates' Court Act 1989 in
respect of certain warrants; and
(c) to make miscellaneous amendments to the
5 Magistrates' Court (Infringements) Act
2000.
2. Commencement
(1) This Act (except section 6) comes into operation
on the day after the day on which it receives the
10 Royal Assent.
(2) Section 6 is deemed to have come into operation
on 1 January 2000.
_______________
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Constitution (Supreme Court) Act 2001
s. 3
Act No.
PART 2--AMENDMENTS TO THE CONSTITUTION ACT
1975
3. Additional Judges of Trial Division
See: After section 80B of the Constitution Act 1975
Act No.
5 insert--
8750/1975.
Reprint No. 14
"80C. Additional Judges of Trial Division
as at
1 July 2000.
(1) If the Chief Justice, with the concurrence of
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the President of the Court of Appeal,
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determines that a Judge of Appeal should act
gov.au
10 as an additional Judge of the Trial Division
for a period, not exceeding 6 months, the
President must nominate a Judge of Appeal
to act as a Judge of the Trial Division and, if
that Judge is willing, the Judge may act as an
15 additional Judge of the Trial Division for
that period.
(2) If--
(a) the Chief Justice, with the concurrence
of the President of the Court of Appeal,
20 determines that it is expedient that a
specified Judge of Appeal should act as
an additional Judge of the Trial
Division in a specified proceeding
before the Trial Division; and
25 (b) the Judge of Appeal is willing to act as
an additional Judge of the Trial
Division in that proceeding--
the Judge may act as an additional Judge of
the Trial Division for the purposes of the
30 proceeding.
(3) A Judge of Appeal who, under this section,
has acted as an additional Judge of the Trial
Division may attend the Trial Division for
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Constitution (Supreme Court) Act 2001
s. 4
Act No.
the purposes of giving judgment in, or
otherwise completing, any proceeding heard
by the Trial Division while the Judge so
acted, notwithstanding that the Judge is no
5 longer an additional Judge of the Trial
Division.".
4. Statute law revision
In section 84(4) of the Constitution Act 1975
omit "Division 3 of Part VIII of the Community
10 Welfare Services Act 1970 or".
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Constitution (Supreme Court) Act 2001
s. 5
Act No.
PART 3--AMENDMENTS TO THE SUPREME COURT ACT
1986
5. New section 13A inserted
See: After section 13 of the Supreme Court Act 1986
Act No.
5 insert--
110/1986.
Reprint No. 3
"13A. When additional Trial Division Judge must
as at
1 August 1998
not sit on hearing of new trial
and
amending
A Judge of Appeal acting as an additional
Act Nos
Judge of the Trial Division must not sit on
101/1998,
10/1999,
10 the hearing of a new trial ordered by the
62/1999,
Court if the Judge was one of the Judges that
51/2000,
74/2000 and
constituted the Court of Appeal that ordered
78/2000.
the new trial.".
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dpc.vic.
gov.au
6. Statute law revision
15 In section 33G of the Supreme Court Act 1986
for "representative" substitute "group".
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Constitution (Supreme Court) Act 2001
s. 7
Act No.
PART 4--AMENDMENT TO THE MAGISTRATES' COURT
ACT 1989
7. Amendment of regulation-making powers
See:
In section 140(1) of the Magistrates' Court Act Act No.
5 1989, after paragraph (b) insert-- 51/1989.
Reprint No. 6
"(ba) without limiting any power to make as at
1 July 1999
regulations conferred by any other and
paragraph, the fees, costs and charges amending
Act Nos
payable in respect of-- 35/1999,
1/2000,
10 (i) the issue or execution; or 49/2000,
51/2000,
(ii) the amendment, alteration or variation; 53/2000,
or 69/2000,
74/2000,
92/2000,
(iii) the supply of a duplicate copy--
98/2000 and
99/2000.
of a warrant to seize property issued for the LawToday:
15 enforcement of an order made by the Court www.dms.
dpc.vic.
in a civil proceeding; and". gov.au
_______________
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Constitution (Supreme Court) Act 2001
s. 8
Act No.
PART 5--AMENDMENTS TO THE MAGISTRATES' COURT
(INFRINGEMENTS) ACT 2000
8. Commencement to be able to occur on different days
See: In section 2 of the Magistrates' Court
Act No.
5 (Infringements) Act 2000, for sub-sections (2)
99/2000.
LawToday: and (3) substitute--
www.dms.
dpc.vic.
"(2) Subject to sub-section (3), the remaining
gov.au
provisions of this Act come into operation on
a day or days to be proclaimed.
10 (3) If a provision referred to in sub-section (2)
does not come into operation before 1 July
2001, it comes into operation on that day.".
9. Expiry of enforcement orders
(1) In section 11 of the Magistrates' Court
15 (Infringements) Act 2000, for proposed clauses
14A and 14B substitute--
"14A. Expiry of enforcement orders
(1) An enforcement order expires--
(a) if an order is made under clause 7(1) in relation
20 to the enforcement order--
(i) on the payment in full of the fine; or
(ii) if one or more payments are made under
the order but the fine is not paid in full,
5 years after the receipt of the last
25 payment; or
(iii) in any other case, 5 years after the making
of the order under clause 7(1);
(b) if a penalty enforcement warrant has been
issued in respect of the order, on that warrant
30 becoming void under section 58(2);
(c) in any other case, 5 years after the order was
made.
(2) If both sub-clauses (1)(a) and (b) apply, the
enforcement order expires on the penalty
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Constitution (Supreme Court) Act 2001
s. 10
Act No.
enforcement warrant becoming void under section
58(2).
(3) If an enforcement order expires as a result of this
clause, any amount still outstanding in respect of the
5 fine for which it was made ceases to be enforceable
or recoverable.
(4) On the expiry of an enforcement order, any warrant
to seize property that was issued in respect of that
order is void.
10 (5) An enforcement order that has expired may be
reinstated by the registrar on the application of the
enforcement agency.
(6) Despite sub-clause (3), if an enforcement order is
reinstated, the fine in respect of which it was made
15 again becomes enforceable or recoverable as if there
had been no cessation.
(7) Sub-clause (1) does not apply to a reinstated
enforcement order.
(8) A reinstated enforcement order expires 5 years after
20 it was reinstated.
(9) Despite anything to the contrary in this clause, an
enforcement order does not expire if--
(a) the person against whom the order is made is a
body corporate; and
25 (b) the order is registered by a reciprocating court
(as defined by section 98); and
(c) the fine has not been paid in full.
(10) This clause does not apply to an enforcement order
in respect of which a warrant has been issued under
30 the Service and Execution of Process Act 1992 of
the Commonwealth.".
10. Changes concerning imprisonment
In section 13 of the Magistrates' Court
(Infringements) Act 2000--
35 (a) for proposed clause 21(1)(a) and (2)(a)
substitute--
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Constitution (Supreme Court) Act 2001
s. 11
Act No.
"(a) a person is arrested and delivered to the officer
in charge of a prison or police gaol under a
penalty enforcement warrant; and";
(b) in proposed clause 21(1)(b)(ii), for "lodged
5 at the gaol" substitute "delivered to the
officer in charge";
(c) in proposed clause 22(2), for "lodged at the
gaol" substitute "delivered to the officer in
charge of the prison or police gaol";
10 (d) in proposed clause 22(2)(b), for "lodged at
the gaol" substitute "delivered to the officer
in charge";
(e) proposed clause 24(3) is repealed;
(f) for proposed clause 27(4) substitute--
15 "(4) Despite anything to the contrary in section
64(2), after arresting a person under this clause,
the sheriff must, as soon as is practicable after
the arrest, either--
(a) bring the person before the Court; or
20 (b) deliver the person to the officer in charge
of a prison or police gaol.
(4A) A person delivered to the officer in charge of a
prison or police gaol under sub-clause (4)(b)
must be brought before the Court as soon as is
25 practicable.".
11. Amendments to transitional provisions
In section 14 of the Magistrates' Court
(Infringements) Act 2000, for proposed clause
24 substitute--
30 "24. If the operation of clause 23 would result in an
enforcement order expiring before the date section 11
of the Magistrates' Court (Infringements) Act 2000
came into operation, the order expires on that date.
25. Despite clauses 23 and 24, if an application to have an
35 application for the revocation of an enforcement order
referred to the Court under clause 10(6) of Schedule 7
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Constitution (Supreme Court) Act 2001
s. 11
Act No.
was pending immediately before section 11 of the
Magistrates' Court (Infringements) Act 2000 came
into operation, the order remains in force until the
registrar refuses the application for referral or, if the
5 referral is made, until the Court revokes or refuses to
revoke the order.".
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Constitution (Supreme Court) Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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