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Clause Page
Magistrates' Court (Amendment) Act 1996
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Principal Act 2
3. Commencement 2
4. Re-issue of warrants 2
5. Expiry of certain warrants 2
6. Issue of some warrants to seize property 3
7. Issue of some penalty enforcement warrants 4
8. Amendment of section 99 4
9. Costs of execution 4
10. Payment of fines 5
11. Transitional 5
12. No proceedings may be brought 6
13. Supreme Court--limitation of jurisdiction 7
14. Statute law revision 7
NOTES 8
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531117B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
A BILL
to amend the Magistrates' Court Act 1989
and for other purposes.
Magistrates' Court (Amendment) Act
1996
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Magistrates' Court Act 1989 to provide further
for--
(a) the issue and execution of warrants; and
5
(b) the enforcement of penalties.
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2. Principal Act
No. 51/1989.
In this Act, the Magistrates' Court Act 1989 is Reprinted to
called the Principal Act. No. 99/1995.
3. Commencement
(1) Subject to this section, this Act comes into
5
operation on the day on which it receives the
Royal Assent.
(2) Sections 4, 5(1) and 8 are deemed to have come
into operation on 1 September 1990.
(3) Sections 6, 7, 9, 10, 11 and 12 are deemed to have
10
come into operation on 14 November 1996.
4. Re-issue of warrants
In section 58 of the Principal Act, after sub-
section (1) insert--
"(1A) If a warrant has been recalled and cancelled
15
under sub-section (1), a fresh warrant may be
issued for the same purpose as that for which
the recalled warrant was issued.".
5. Expiry of certain warrants
(1) In section 58(2) of the Principal Act, for "it was
20
issued" substitute "a warrant of that type was first
issued against the person named in the warrant for
the purpose specified in the warrant".
(2) In section 58 of the Principal Act, after sub-
section (2) insert--
25
"(2A) If a warrant referred to in sub-section (2)
becomes null and void under that sub-
section, the fine in respect of which it was
issued, together with any associated fees and
costs, ceases to be enforceable or
30
recoverable if no part of the fine had been
paid before the date on which the warrant
became null and void.".
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(3) In section 58(3) of the Principal Act, after "(2)"
(where first occurring) insert "or (2A)".
(4) In section 58 of the Principal Act, after sub-
section (3) insert--
"(4) Despite sub-section (2), if under sub-section
5
(3) a fresh warrant is issued, the fine in
respect of which it was issued, together with
any associated fees and costs, again becomes
enforceable or recoverable as if there had
been no cessation.".
10
(5) Sub-sections (2) and (3) of section 58 of the
Principal Act as in force before 14 November
1996 do not apply, and are deemed never to have
applied, to a warrant referred to in those sub-
sections if the warrant was executed before that
15
date or the fine in respect of which it was issued,
together with all associated costs, were paid
before that date.
6. Issue of some warrants to seize property
In section 73 of the Principal Act, after sub-
20
section (3) insert--
"(3A) For the purposes of clause 8 of Schedule 7, a
warrant to seize property to be directed to
the sheriff may be issued, not in paper form,
but by the registrar within the meaning of
25
Schedule 7 entering in the computer system
used by the Court--
(a) the type of warrant and the prescribed
particulars; and
(b) his or her name and the date of issue of
30
the warrant.
(3B) A warrant issued in accordance with sub-
section (3A) must not be altered after its
issue.".
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7. Issue of some penalty enforcement warrants
In section 82C of the Principal Act, after sub-
section (2) insert--
"(2A) A penalty enforcement warrant to be directed
to the sheriff may be issued, not in paper
5
form, but by the registrar entering in the
computer system used by the Court--
(a) the type of warrant and the prescribed
particulars; and
(b) his or her name and the date of issue of
10
the warrant.
(2B) A warrant issued in accordance with sub-
section (2A) must not be altered after its
issue.".
8. Amendment of section 99
15
In section 99 of the Principal Act, for "a
prescribed offence." substitute--
"--
(a) an offence for which an infringement notice
or a penalty notice within the meaning of
20
Schedule 7 could be issued; or
(b) a prescribed offence within the meaning of
that Schedule.".
9. Costs of execution
In Schedule 7 to the Principal Act, in clause 8,
25
after sub-clause (1) insert--
"(1A) On the issue of a warrant under sub-clause
(1), the prescribed fee is payable by the
person or corporation against whom the
warrant is issued and may be included in the
30
sums named in the warrant.".
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10. Payment of fines
An arrangement made before 14 November
1996--
(a) for an extension of time for the payment of a
fine referred to in Schedule 7 to the Principal
5
Act; or
(b) for the payment by instalments of a fine
referred to in Schedule 7 to the Principal
Act--
with a person authorised to execute a penalty
10
enforcement warrant or a warrant to seize
property or a warrant to imprison issued under
clause 8(1) of that Schedule is deemed to be an
order referred to in clause 7(1)(a) or (b), as the
case may be, of that Schedule.
15
11. Transitional
(1) If, before 14 November 1996, a warrant has been
recalled under section 58(1) of the Principal Act
and a fresh warrant for the same purpose had
purportedly been issued--
20
(a) the recalled warrant is deemed to have been
cancelled on the date on which the fresh
warrant was purportedly issued; and
(b) the fresh warrant and its execution are
deemed to be valid despite any lack of power
25
to issue the fresh warrant.
(2) If, before 14 November 1996, a warrant referred
to in section 58(2) of the Principal Act had been
executed after its expiry under that section, the
warrant and its execution are deemed to be valid
30
despite that expiry.
(3) If, before 14 November 1996, a warrant referred
to in section 58(2) of the Principal Act had
expired under that section and after its expiry the
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amount of the fine in respect of which it was
issued or any part of that amount or any amount
for associated costs were paid, those amounts are
deemed to have been lawfully demanded and
recovered.
5
(4) If, before 14 November 1996, a penalty
enforcement warrant or a warrant to seize
property or a warrant to imprison directed to the
sheriff was purportedly issued not in paper form,
the warrant is deemed to be valid if its issue
10
would have been valid had it been issued in paper
form and signed or otherwise authenticated by the
person issuing it.
(5) A penalty enforcement warrant or a warrant to
seize property or a warrant to imprison which--
15
(a) was issued under clause 8(1) of Schedule 7
to the Principal Act and included an amount
for costs of execution; and
(b) was executed before 14 November 1996--
is deemed to have been lawfully executed.
20
(6) If, before 14 November 1996, a warrant was
issued under clause 8(1) of Schedule 7 to the
Principal Act and included an amount for costs of
execution, but before execution the amount of the
fine and costs were paid, those amounts are
25
deemed to have been lawfully demanded and
recovered
12. No proceedings may be brought
Proceedings, including proceedings--
(a) seeking damages or compensation; or
30
(b) seeking the grant of any relief or remedy in
the nature of certiorari, prohibition,
mandamus or quo warranto, or the grant of a
declaration of right or an injunction; or
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(c) seeking a writ of habeas corpus; or
(d) seeking any order under the Administrative
Law Act 1978--
may not be brought in respect of any matter or
thing that, by reason of the operation of this Act,
5
is deemed to be valid or lawful or to have been
validly or lawfully done.
13. Supreme Court--limitation of jurisdiction
It is the intention of section 12 to alter or vary
section 85 of the Constitution Act 1975.
10
14. Statute law revision
The Principal Act is amended as follows--
(a) in the heading to Subdivision 2 of Division 4
of Part 4, for "Full Court" substitute "Court
of Appeal";
15
(b) in the heading to Part 8, omit "REPEALS,
AMENDMENTS,".
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Magistrates' Court (Amendment) Act 1996
Act No.
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