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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Magistrates' Court (Amendment) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Supreme Court--limitation of jurisdiction 2
5. PERIN amendments 2
6. Validation of certain actions 3
ENDNOTES 7
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PARLIAMENT OF VICTORIA
Initiated in Assembly 29 May 2002
A BILL
to amend the Magistrates' Court Act 1989 in relation to the
procedure for enforcement of infringement penalties and to validate
certain things done in connection with, or arising out of, the
enforcement of infringement penalties and for other purposes.
Magistrates' Court (Amendment) Act
2002
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Magistrates' Court Act 1989--
(a) in relation to the procedure for enforcement
5 of infringement penalties; and
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Magistrates' Court (Amendment) Act 2002
s. 2
Act No.
(b) to validate certain things done in connection
with, or arising out of, the enforcement of
infringement penalties.
2. Commencement
5 This Act comes into operation on the day on
which it receives the Royal Assent.
3. Principal Act
See:
In this Act, the Magistrates' Court Act 1989 is Act No.
called the Principal Act. 51/1989.
Reprint No. 8
as at
24 April 2002
and
amending
Act Nos
2/2001 and
2/2002.
LawToday:
www.dms.
dpc.vic.
gov.au
10 4. Supreme Court--limitation of jurisdiction
At the end of section 139A of the Principal Act
insert--
"(1A) It is the intention of clause 29 of Schedule 7
to alter or vary section 85 of the
15 Constitution Act 1975.".
5. PERIN amendments
In Schedule 7 to the Principal Act--
(a) in clause 2, for the definition of "appropriate
officer" substitute--
20 ' "appropriate officer", in relation to an
infringement notice or penalty notice or an
infringement penalty, means--
(a) a person who is the enforcement agency;
or
25 (b) a person appointed by the enforcement
agency as an appropriate officer for the
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Magistrates' Court (Amendment) Act 2002
s. 6
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purposes of the notice or the class of
notice; or
(c) a prescribed person or a person who is a
member of a prescribed class of person;';
5 (b) in clause 2, for the definition of
"enforcement agency" substitute--
' "enforcement agency", in relation to an
infringement notice or penalty notice or an
infringement penalty, means--
10 (a) a person or body authorised by or under
an Act to take proceedings for the
offence in respect of which the notice
was issued; or
(b) a person by whom, or body by which, a
15 person or body referred to in paragraph
(a) is employed or engaged to provide
services if the taking of the proceedings
referred to in that paragraph would occur
in the course of that employment or in
20 the course of providing those services; or
(c) a prescribed person or body or a person
who, or body that, is a member of a
prescribed class of person or body; or
(d) a prescribed administrative unit; or
25 (e) a prescribed group of people;'.
6. Validation of certain actions
In Schedule 7 to the Principal Act, after clause 27
insert--
"28. Validation
30 (1) Subject to sub-clause (2), anything done or that
occurred or that is purported to have been done or to
have occurred under this or any other Act (including
the Magistrates (Summary Proceedings) Act 1975),
before the commencement of the Magistrates' Court
35 (Amendment) Act 2002, that would have been
validly or lawfully done or would have validly or
lawfully occurred had--
(a) a person who purported to be an appropriate
officer in relation to an infringement notice or
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Magistrates' Court (Amendment) Act 2002
s. 6
Act No.
penalty notice or an infringement penalty been
an appropriate officer in relation to the notice or
penalty; and
(b) a person who, or body or unit or group that,
5 purported to be an enforcement agency in
relation to an infringement notice or penalty
notice or an infringement penalty been an
enforcement agency in relation to the notice or
penalty--
10 has, and is deemed always to have had, the same force
and effect as it would have had if--
(c) the person who purported to be an appropriate
officer had been an appropriate officer; and
(d) the person who, or body or unit or group that,
15 purported to be an enforcement agency had
been an enforcement agency--
in relation to the notice or penalty (as the case
requires) at the relevant time.
(2) Sub-clause (1) only has effect in circumstances where
20 the person who purported to be an appropriate officer
or the person who, or body or unit or group that,
purported to be an enforcement agency in relation to
the notice or penalty (as the case requires) at the
relevant time--
25 (a) was the employer in a relevant capacity of or
had engaged to provide relevant services; or
(b) was employed in a relevant capacity by or was
engaged to provide relevant services to; or
(c) was appointed or authorised (whether expressly
30 or impliedly) for the relevant purpose by; or
(d) was in the prescribed way and in the prescribed
circumstances connected with or related to; or
(e) was in a relevant aspect otherwise connected
with or related to--
35 a person who, or body or unit or group that, could
have been an appropriate officer or an enforcement
agency in relation to the notice or penalty (as the case
requires) at that time.
(3) Without limiting sub-clause (1), that sub-clause
40 applies with respect to the following--
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(a) the registration of an infringement penalty;
(b) the making or reinstatement of an enforcement
order;
(c) the issue of a warrant or the execution, or
5 taking of a step in or in connection with the
execution, of a warrant;
(d) the hearing and determination by the Court of
the matter of an alleged offence;
(e) the arrest and detention in custody of a person
10 under a penalty enforcement warrant or as a
result of a breach of a condition of a custodial
community permit;
(f) the recording of demerit points against a person
under the Road Safety Act 1986 in relation to
15 an offence or the suspension of a person's
driver licence or permit under that Act as a
consequence of the number of demerit points
recorded against the person;
(g) the variation, suspension or cancellation of a
20 person's driver licence or permit under the
Road Safety Act 1986 in respect of a parking
infringement or traffic infringement within the
meaning of that Act or the service by or on
behalf of the Roads Corporation of notice of
25 such variation, suspension or cancellation;
(h) the taking by the Court of any action under
clause 23 or the making by it of an order under
clause 24(2);
(i) the requirement to pay costs of any kind
30 imposed by or under this Schedule;
(j) the doing or occurrence of any thing, or taking
of any step, under the Magistrates (Summary
Proceedings) Act 1975 that corresponds to a
thing or step referred to in any of the preceding
35 paragraphs.
29. No proceedings may be brought
Proceedings, including proceedings--
(a) seeking damages or compensation; or
(b) seeking the grant of any relief or remedy in the
40 nature of certiorari, prohibition, mandamus or
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quo warranto, or the grant of a declaration of
right or an injunction; or
(c) seeking a writ of habeas corpus; or
(d) seeking any order under the Administrative
5 Law Act 1978--
may not be brought in respect of any matter or thing
that, by reason of the operation of clause 28, is
deemed to be valid or lawful or to have been validly
or lawfully done or to have validly or lawfully
10 occurred.".
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Magistrates' Court (Amendment) Act 2002
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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