MAGISTRATES' COURT ACT 1989 No. 51 of 1989 Version incorporating amendments as at 1 October 2009 Magistrates' Court Act 1989 - TABLE OF PROVISIONS Section Page PART 1-PRELIMINARY 1. Purposes 2. Commencement 3. Definitions 3A. Meaning of family member PART 2-THE MAGISTRATES' COURT OF VICTORIA 4. Establishment of the Magistrates' Court 4A. Establishment of Drug Court Division 4B. Adjournment of proceeding to Drug Court Division 4C. Repealed 4D. Establishment of Koori Court Division 4E. Jurisdiction of Koori Court Division 4F. Circumstances in which Koori Court Division may deal with certain offences 4G. Sentencing procedure in Koori Court Division 4H. Establishment of Family Violence Court Division 4I. Jurisdiction of Family Violence Court Division 4J. Adjournment to seek legal advice 4K. Alternative arrangements for giving evidence 4L. Restriction on children being called as witnesses or present in court 4M. Establishment of Neighbourhood Justice Division 4N. Places where Neighbourhood Justice Division may sit and act 4O. Jurisdiction of Neighbourhood Justice Division 4P. Transfer of proceedings 4Q. Sentencing procedure in Neighbourhood Justice Division 4R. Sexual Offences List 5. Where and when Court to be held 5A. Mention courts 6. Magistrate to be in attendance 7. Appointment of magistrates 8. Appointment of Acting Chief Magistrate 9. Appointment of acting magistrates 10. Salaries 10A. Pension of Chief Magistrate 11. Repealed 12. Vacation of office 13. Assignment of duties 13A. Delegation by the Chief Magistrate 13B. Professional development and training 14. Protection of magistrates 15. Council of magistrates 16. Rules of Court 16A. Practice notes PART 2A-JUDICIAL REGISTRARS 16B. Guidelines relating to the appointment of judicial registrars 16C. Appointment of judicial registrars 16D. Terms and conditions of appointment 16E. Resignation from office 16F. Suspension from office 16G. Investigation of judicial registrar 16H. Removal of judicial registrar from office 16I. Rules of Court 16J. Performance of duties by judicial registrar 16K. Review of decisions of judicial registrar PART 3-OFFICERS OF THE COURT 17. Employment of principal registrar, registrars and deputy registrars 17A. Appointment of Aboriginal elders or respected persons 18. Register 19. Offence to publish certain information concerning proceedings 19A. Recording of proceedings 20. Process 21. Powers of registrar 22. Fees 23. Extortion by and impersonation of court officials 24. Protection of registrars PART 4-WARRANTS AND CRIMINAL PROCEEDINGS Division 1-Jurisdiction 25. Extent of jurisdiction Division 2-Procedure Subdivision 1-General 26. How criminal proceeding commenced 27. Descriptions in charge 28. Compelling attendance 29. Magistrate may exercise registrar's powers 30. Prescribed persons may issue summons 31. Joinder of offences 32. Defendant entitled to receive copy of charge 33. Summons to answer to a charge 34. Service of summons to answer to a charge 35. Proof of service 36. Service of summonses for summary offences by post 37. Service of statements on defendant 37A. Service of outline of evidence on defendant 38. Appearance 38A. Charge to be read or explained to defendant before plea 39. Legal representation 40. Interpreter 41. Non-appearance of defendant 42. Return of property taken from a defendant 43. Witness summonses 44. Production before date for attendance 45. Attendance of witnesses on adjournment 46. Statement to be given to defendant 47. Alibi evidence 48. Proceedings against corporations 49. Power to return defendant to youth justice centre 50. Power to amend where there is a defect or error 50A. Sentence indication Subdivision 2-Summary offences 51. Procedure for summary offences 52. Abettors in summary offences triable as principal offenders Subdivision 3-Indictable offences triable summarily 53. Indictable offences triable summarily 54. Procedure for indictable offences triable summarily 54A. Non-appearance of corporate defendant 55. Option of verdict of attempt Subdivision 4-Committal proceedings 56. When and how a committal proceeding must be held 56A. Compulsory examination procedure 56B. Nothing in Act affects certain powers of DPP Division 3-Warrants Subdivision 1-General 57. Warrants 58. Recall and cancellation of warrant 59. Duplicate warrants 60. Effect of defect or error in certain warrants Subdivision 2-Warrant to arrest 61. Issue of warrant to arrest 62. Endorsing a warrant for bail 63. Persons to whom warrant to arrest may be directed 64. Authority conferred by warrant to arrest 65. Arrest of person against whom warrant to arrest is issued 66. Warrant to arrest following indictment or presentment 67. Person arrested to be committed for trial or bailed Subdivision 3-Warrant to imprison 68. Issue of warrant to imprison 69. Persons to whom warrant to imprison may be directed 70. Directions in, and authority of, warrant to imprison 71. Reduction of imprisonment by payment of portion of fine 72. Provisions extend to detention in youth justice centre Subdivision 4-Warrant to seize property 73. Warrant to seize property 74. Authority conferred by warrant to seize property Subdivision 5-Search warrants 75. Search warrants 76. Persons to whom search warrant may be directed 77. Endorsing a warrant for bail 78. Authority conferred by search warrant Subdivision 6-Remand warrants 79. Remand warrants 80. Persons to whom remand warrant may be directed 81. Directions in, and authority of, remand warrant 82. Remand of more than 8 clear days Subdivision 7-Repealed 82A-82F Repealed Subdivision 8-Special powers of the sheriff in executing warrants 82G, 82H. Repealed 82I. Power to assist police at road checks Division 4-Appeals Subdivision 1-Appeals to County Court 83. Appeal to County Court 84. Appeal by DPP against sentence for offence punishable summarily 85. Appeal operates as re-hearing 86. Powers of County Court on appeal 87. Repealed 88. Procedure on appeal 88AA. Costs powers of County Court on appeal 88A. Regulations may prescribe costs of appeal 89. Appellant's failure to appear 89A. Re-hearing where County Court hears appeal in appellant's absence 90. Appeal to County Court authorised by other Acts Subdivision 2-Appeals to Court of Appeal from County Court 91. Right of appeal if County Court substitutes imprisonment for other penalty Subdivision 3-Appeal to Supreme Court on a question of law 92. Appeal to Supreme Court on a question of law Subdivision 4-Appeal to Court of Appeal under section 567A(1A) of Crimes Act 1958. 92A. Appeals under section 567A(1A) of Crimes Act 1958. Division 5-Re-hearing 93. Application for re-hearing 94. Notice of intention to apply for re-hearing 95. Automatic re-hearing in certain cases 96. Repealed Division 6-Enforcement Subdivision 1-Ordinary enforcement provisions 97. Imprisonment in default of payment of fine 98. Enforcement of fines against corporations Subdivision 2-Procedure for enforcement of infringement penalties under the Infringements Act 2006. 99. Infringement offence enforcement procedure under the Infringements Act 2006. 99A. Certain agencies may give information for enforcement purposes PART 5-CIVIL PROCEEDINGS Division 1-Jurisdiction 100. Extent of jurisdiction 101. Proceedings beyond jurisdiction Division 1A-Administration of children's funds 101A. Court orders relating to administration of children's funds Division 1B-Transfer and payment of money to the Supreme Court for person under disability 101B. Money held in court for person under disability Division 2-Arbitration 102. Arbitration for small claims 103. Conduct of arbitration 104. Award 105. Costs 106. Commercial Arbitration Act not to apply Division 3-Pre-hearing conferences 107. Pre-hearing conferences Division 3A-Mediation 108. Power to refer proceedings to mediation 108A. Protection of mediators Division 3B-Judicial resolution conferences 108B. Judicial resolution conferences 108C. Protection of conduct of judicial resolution conference Division 4-Appeals and re-hearings 109. Appeal to Supreme Court from final order made in civil proceeding 110. Re-hearing Division 5-Enforcement 111. Enforcement of orders 112. Certificate for Supreme Court 113. Application of Imprisonment of Fraudulent Debtors Act 114. Enforcement by executors and administrators PART 6-JUSTICES Division 1-Justices of the peace 115. Office of justice of the peace 116. Governor in Council may revoke appointment of justices or prohibit certain justices from acting 117. Authority of justices of the peace 118. Offence to pretend to be a justice of the peace 119. Protection of justices of the peace Division 2-Bail justices 120. Appointment of bail justices 121. Certain office-holders to be bail justices 121A. Validation of certain acts 122. Suspension or removal from office 123. Vacation of office 124. Protection of bail justices PART 6A-ADMINISTRATIVE SERVICES AGREEMENTS Division 1-Definitions 124A. Definitions Division 2-Agreements 124B. Ministers may enter into administrative services agreements 124C. Subject matter of agreement 124D. Rights of access 124E. Right of intervention in management 124F. Audit rights 124G. Status of documents 124H. Investigation of administrative actions 124I. Unauthorised access to or interference with data 124J. Confidentiality PART 7-MISCELLANEOUS 125. Business to be conducted in open court 126. Power to close proceedings to the public 126A. Power to bind over to keep the peace 127. Witness order 128. Power to adjourn proceeding 128A. Adjournment to undertake diversion program 129. Witnesses to be examined on oath 130. Evidential burden on defendant for exceptions etc. 131. Costs to be in the discretion of the Court 132. Costs liability of legal practitioner 133. Contempt in face of the Court 134. Contempt of court 135. Enforcement of orders not for the payment of money 136. Directions 136A. Court registrars etc. may be directed to act anywhere 137. Forfeitures may be sold 137A. How unsold seized property to be handled 138. Investment of trust money 139. Manner of service where none is prescribed 139A. Supreme Court-limitation of jurisdiction 140. Regulations 141-145. Repealed PART 8-SAVINGS AND TRANSITIONALS 146-149. Repealed 150. Savings and transitionals __________________ SCHEDULE 1-Salaries and Allowances of Magistrates PART 1-MAGISTRATES PART 2-ACTING MAGISTRATES SCHEDULE 2-Summary Criminal Hearings 1. Venue of Court 1A. Pre-hearing disclosure 1B. Expert witness statement 2. Course of proceedings 3. Mention system 3A. Contest mention hearing 4. Non-appearance of informant 5. Non-appearance of defendant 6. Non-appearance of defendant-outline of evidence 7. Non-appearance of defendant-Infringements Act 2006. SCHEDULE 3-Repealed SCHEDULE 4-Indictable Offences which may be Heard and Determined Summarily 1. Causing serious injury recklessly 2. Extortion with threat to kill 3-13. Repealed 14. Occupier, etc. permitting unlawful sexual penetration 14A-15. Repealed 16. Theft 17. Robbery 18. Burglary 19. Aggravated burglary 20. Removal of articles from places open to the public 21. Obtaining property by deception 22. Obtaining financial advantage by deception 23. False accounting 24, 25. Repealed 26. Suppression, etc. of documents 27. Handling stolen goods 28. Repealed 29. Receipt or solicitation of secret commission by agent 30. Giving or receiving false or misleading receipt or account 31. Gift or receipt of secret commission in return for advice given 32. Secret commission to trustee in return for substituted appointment 33. Aiding and abetting offences within or outside Victoria 34. Fraudulently inducing persons to invest money 34A. Dealing with proceeds of crime 34B. Dealing with property which subsequently becomes an instrument of crime 35. Destroying or damaging property 36. Threats to destroy or damage property 37. Possessing anything with intent to destroy or damage property 37A. Computer Offences 37B. Perjury 37C. Conspiracy to cheat and defraud 37D. Conspiracy to defraud 38. Commercial quantity of RC publications, films or computer games 39. Non-compliance with compliance notice 40. Publication or transmission of child pornography 41. Unlawful interment 42. Offence to inter bodily remains in public cemetery without interment authorisation 42A. Unlawful cremation 42B. Offence to cremate without cremation authorisation 42C. Offence to make false statement in application for cremation authorisation 42D. Offence to make false statement in application for approval for cremation by Secretary 42E. Offence to make false statement in certificate of registered medical practitioner authorising cremation 42F. Offence to exhume other than in accordance with Cemeteries and Crematoria Act 2003. 42G. Offence to dispose of falsely identified bodily remains 42H. Offence to possess, carry or use a prohibited weapon in or in the vicinity of licensed premises 43. Non-compliance with enforcement notice-health information 44. Obtaining payment for sexual services provided by a child 45. Agreement for provision of sexual services by a child 46. Offence to have interest in more than one brothel licence or permit 47-48B. Repealed 49. Drug offences 49A. Offence for prohibited person to possess, carry or use a firearm 49B. Offence for a non-prohibited person to possess, carry or use a longarm without a licence 49BA. Offence to possess, carry or use an unregistered longarm 49BB. Offence for non-prohibited person to possess, carry or use a handgun without a licence 49BC. Offence for holder of general category handgun licence to possess, carry or use certain types of handguns under the licence 49BD. Offence to possess, carry or use an unregistered handgun 49C. Offence not to comply with licence conditions of longarm licence 49D. Failure to dispose of firearms where licence not renewed 49E. Failure to surrender firearms or licence document 49F. Offence to carry on business of dealing in firearms 49G. Failure to surrender firearms or licence document 49H. Acquisition of firearms from particular persons 49I. Disposal of firearms to particular persons 49J. Acquisition of firearm from person who is not a licensed dealer 49K. Disposal of firearm to a person who is not a licensed dealer 49L. Acquisition of firearm from place outside the State 49M. Disposal of firearm to place outside the State 49MA. Offence to finance the illegal acquisition or disposal of firearms 49N. Acquisition of firearm without a permit 49O. Notice of bringing of firearm into the State 49P. Notice of removal of firearm from the State 49Q. Storage of longarms and handguns 49R. Storage of firearms held under collectors licences 49S. Storage of firearms under dealers licences 49T. Safekeeping of firearms during carriage 49U. Use of firearm by person other than possessor 49UA. Offence to use firearm held under a firearms collectors licence 49UAB. Offence for unlicensed person to store in an insecure manner 49V. Carriage and use of firearms 49W. Offence to alter a firearm 49WA. Offence to possess a firearm that has been altered in a particular way 49X. Offence to own a firearm without a licence to possess 49Y. Offence to dispose of a firearm to a minor 49Z. Offence to alter documents 49ZA. False entries in registers 49ZB. Offence to make false or misleading statement or to use false or misleading information 50. Repealed 51. Killing, taking, etc. whales 52. Repealed 52A. Equipment (Public Safety) Act 1994. 53. Occupational Health and Safety Act 2004. 53A. Dangerous Goods Act 1985. 53B. Radiation Act 2005. 54. Repealed 54A. Health Services Act 1988. 55. Aggravated pollution 55A. Rail Safety Act 2006. 55B. Road Management Act 2004. 56. Marine Act 56A. Pollution of Waters by Oil and Noxious Substances Act 56B. Crimes Act 56C. Electricity Industry Act 2000. 56D. Electricity Safety Act 1998. 56E. Gas Industry Act 2001. 56F. Gas Safety Act 1997. 56G. Water Act 1989. 56H. Water Industry Act 1994. 57. Incitement 58. Attempts 59. Accessories 60. Concealing offences for benefit 61. Heritage Act 1995. 62. Infertility Treatment Act 63. Juries Act 2000. 63A. Environment Protection Act 1970. 64. Food Act 1984. 65. Major Sporting Events Act 2009. 66. Australian Crime Commission (State Provisions) Act 2003. 67. Tobacco Act 1987. 68. Repealed 69. Police Regulation Act 1958. 70. Sex Offenders Registration Act 2004. SCHEDULE 5-Provisions Applicable to Committal Proceedings PART 1-PRELIMINARY 1. Definitions and provision about service 2. Power of Court to control committal proceedings 2A. Power to dispose with requirements where corporate defendant absent PART 2-MENTION HEARINGS 3. Special mention hearing 4. Committal mention hearing 4A. Committal case conference PART 3-SERVICE OF PROSECUTION BRIEFS 5. Plea brief may be served by informant 6. Service of hand-up brief by informant 7. Time for service of hand-up brief 8. Rules with respect to statements 9. Rules with respect to recordings 10. Inspection of exhibits PART 3A-TIME LIMIT APPLICABLE TO CERTAIN COMMITTAL PROCEEDINGS 10A. Time limit applicable to certain committal proceedings PART 4-PROCEDURE WHERE PLEA BRIEF SERVED 11. Procedure where plea brief served and filed PART 5-PROCEDURE WHERE HAND-UP BRIEF SERVED 11AA. Case direction notices 11AB. Adjournment in absence of parties 11A. No cross-examination of certain witnesses 12. Defence notice 13. Application for leave to cross-examine a witness 14. Attendance of witnesses 15. Giving of evidence by witnesses 16. Cross-examination of witnesses 17. Special rules applicable to sexual offences 18. Admissibility of non-oral evidence 19. Procedure if defendant makes admission of relevant fact or matter 20. Absence of defendant 21. Procedure if defendant absent at close of prosecution case 22. Procedure on defendant's attendance after absence 23. Determination of committal proceeding PART 6-PROCEDURE AFTER COMMITTAL 24. Procedure after committal 24AA. Absent corporate defendant to be notified of committal 24A. Evidence taken after accused person directed to be tried 24B. Offence to fail to appear at trial PART 7-COSTS OF COMMITTAL PROCEEDINGS 25. Costs order 26. Repealed SCHEDULE 6-Procedure on Appeals to the County Court 1. Service of notice of appeal 2. Undertaking to prosecute appeal 3. Stay of order 4. Bail pending appeal 5. Service of notices 6. Abandonment of appeal 7. Costs on abandonment 8. One notice of appeal for two or more sentencing orders 9. Appeal against aggregate sentence SCHEDULE 7-Repealed SCHEDULE 8-Savings and Transitionals --------------- ENDNOTES 1. General Information 2. Table of Amendments 3. Explanatory Details Magistrates' Court Act 1989 - PART 1 PART 1 PRELIMINARY Magistrates' Court Act 1989 - SECT 1 Purposes 1. Purposes The main purposes of this Act are- (a) to establish the Magistrates' Court of Victoria; and (b) to amend and consolidate for the purposes of the new Court the law relating to the jurisdiction and procedure of Magistrates' Courts; and (c) to provide for the fair and efficient operation of the Magistrates' Court; and (d) to abolish inefficient and unnecessary court process and procedures; and (e) to allow for the Magistrates' Court to be managed in a way that will ensure- (i) fairness to all parties to court proceedings; and (ii) the prompt resolution of court proceedings; and (iii) that optimum use is made of the Court's resources. Magistrates' Court Act 1989 - SECT 2 Commencement 2. Commencement This Act comes into operation on a day or days to be proclaimed. Magistrates' Court Act 1989 - SECT 3 Definitions 3. Definitions (1) In this Act- Aboriginal elder or respected person means a person who holds office as an Aboriginal elder or respected person under section 17A; Aborigine means a person who- (a) is descended from an Aborigine or Torres Strait Islander; and (b) identifies as an Aborigine or Torres Strait Islander; and (c) is accepted as an Aborigine or Torres Strait Islander by an Aboriginal or Torres Strait Island community; appropriate registrar means- (a) the registrar at the proper venue of the Court; or (b) the registrar at the venue of the Court at which a proceeding is heard and determined in accordance with clause 1(2B) of Schedule 2; authorised deposit-taking institution has the same meaning as in the Banking Act 1959 of the Commonwealth; * * * * * * * * * * civil registry court means a venue of the Court that is prescribed by the Rules to be a civil registry court; committal mention date has the meaning given in clause 1(1) of Schedule 5; complaint includes any process by which a civil proceeding in the Court is commenced; conduct money means a sum of money or its equivalent sufficient to meet the reasonable expenses of a person to whom a witness summons is directed of complying with the summons in relation to the day on which the person is required by the summons to attend; Court means the Magistrates' Court of Victoria; court official means- (a) the principal registrar of the Court; or (b) a registrar or deputy registrar of the Court; or (c) any person employed in any of the offices of the Court; defendant means- (a) a person charged with an offence, whether indictable or summary; or (b) a person against whom a civil proceeding has been commenced in the Court; Department means the Department of Justice; depositions means the transcript of evidence given at a committal proceeding and any statements tendered at a committal proceeding in accordance with Schedule 5; driver licence has the same meaning as in the Road Safety Act 1986; election date means the date specified in a notice under clause 2(a)(ii) of Schedule 3; execution copy, in relation to a warrant, means the copy issued for the purposes of execution; family member has the meaning given by section 3A; family violence has the meaning given by the Family Violence Protection Act 2008; fine includes any penalties, forfeitures, sums of money and costs ordered to be paid by the person fined; hearing date, in relation to a criminal proceeding, means the date on which the proceeding is listed for hearing; homeless person means- (a) a person living in- (i) crisis accommodation; or (ii) transitional accommodation; or (iii) any other accommodation provided under the Supported Accommodation Assistance Act 1994 of the Commonwealth; or (b) a person who has inadequate access to safe and secure housing within the meaning of section 4 of the Supported Accommodation Assistance Act 1994 of the Commonwealth; informant means a person who commences a criminal proceeding in the Court; Infringements Court means the venue of the Court prescribed by the rules made under section 16(1A)(m); infringements registrar has the same meaning as it has in the Infringements Act 2006; infringement warrant has the same meaning as it has in the Infringements Act 2006; judicial registrar means a judicial registrar of the Court appointed under section 16C; judicial resolution conference means a resolution process presided over by a magistrate for the purposes of negotiating a settlement of a dispute including, but not limited to- (a) mediation, whether or not referred to that person in accordance with the Rules; (b) early neutral evaluation; (c) settlement conference; (d) conciliation; jurisdictional limit in a civil proceeding means $100 000; Koori Court 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 Koori Court Division of the Court; legal practitioner means an Australian legal practitioner within the meaning of the Legal Profession Act 2004; magistrate includes an acting magistrate; Magistrates' Court means the Magistrates' Court of Victoria; mention court means a venue of the Court that is nominated by the Chief Magistrate under section 5A as a mention court; mention date, in relation to a criminal proceeding, means the first date on which the proceeding is listed before the Court; motor vehicle has the same meaning as in the Road Safety Act 1986; 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; part-time magistrate means a magistrate who- (a) is appointed on a part-time basis under section 7; or (b) has entered into an agreement with the Chief Magistrate under section 13(3); 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; prescribed means prescribed by the regulations; principal registrar means principal registrar of the Court; prison has the same meaning as in the Corrections Act 1986; 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; 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; process includes witness summons, charge-sheet, summons to answer to a charge, complaint, warrant to arrest, remand warrant, search warrant, warrant to seize property, penalty enforcement warrant, warrant to imprison, warrant to detain in a youth justice centre, warrant of delivery and any other process by which a proceeding in the Court is commenced; proper venue- (a) subject to paragraphs (c) and (e), in relation to a criminal proceeding or a class of criminal proceeding, means the mention court that has been nominated by the Chief Magistrate under section 5A for the proceeding or class of proceeding, but in the absence of any such nomination is the mention court that is nearest to- (i) the place where the offence is alleged to have been committed; or (ii) the place of residence of the defendant; and (b) subject to paragraphs (c) and (e), in relation to a civil proceeding, means the civil registry court that is nearest to- (i) the place where the subject-matter of the complaint arose; or (ii) the place of residence of the defendant; and * * * * * (c) in relation to a proceeding in respect of which the Family Violence Court Division has jurisdiction (other than an interim order under the Family Violence Protection Act 2008), means- (i) a venue of the Court at which the Family Violence Court Division may sit and act but only if at least one of the following places is within a postcode area specified, in relation to that venue, by the Minister by notice published in the Government Gazette- (A) the place where the family violence the subject of the proceeding is alleged to have been committed; (B) the place of residence of the defendant; (C) the place of permanent or temporary residence of the person against whom the family violence is alleged to have been committed; or (ii) if subparagraph (i) does not apply, the mention court or civil registry court determined under paragraph (a) or (b) (as the case may be); and (d) in relation to a proceeding for an interim order under the Family Violence Protection Act 2008 or the Stalking Intervention Orders Act 2008 means any civil registry court; and (da) in relation to a proceeding under the Family Violence Protection Act 2008, means- (i) a venue of the Court determined in accordance with paragraph (c), (d) or (e); or (ii) the civil registry court which the Court determines is the most appropriate venue for the matter, having regard to the following- (A) the safety of the parties; (B) the need to prevent disclosure of a party's whereabouts; (C) the ability of the parties to attend a particular venue of the court, taking into account their places of work, residence or any childcare requirements; (D) the availability of family violence support services at particular venues of the Court; (E) the need to manage case flow; (F) any other considerations the Court thinks relevant; and (db) in relation to a proceeding under the Stalking Intervention Orders Act 2008, means- (i) a venue of the court determined in accordance with paragraph (b), (d) or (e); or (ii) the civil registry court that is nearest to the place of permanent or temporary residence of the affected person (within the meaning of that Act); and (e) in relation to a proceeding in respect of which the Neighbourhood Justice Division has jurisdiction- (i) a venue of the Court determined in accordance with paragraph (a), (b), (c) or (d); or (ii) a venue of the Court at which the Neighbourhood Justice Division may sit and act; * * * * * registrar means registrar of the Court; return date, in relation to a criminal proceeding, means any date on which the proceeding is listed before the Court; Secretary means the Secretary to the Department of Justice; sentencing order means any order made by the Court following a finding of guilt and includes- (a) any order made under Part 3, 3A, 4 or 5 of the Sentencing Act 1991, including any order made under section 87 of the Major Sporting Events Act 2009; and (ab) an aggregate sentence of imprisonment imposed in accordance with section 9(1) of the Sentencing Act 1991, or an aggregate fine imposed in accordance with section 51 of that Act, in respect of two or more offences; and (ac) any order made under section 84S or 84T of the Road Safety Act 1986; and (b) the recording of a conviction; sexual offence means an offence under Subdivision (8A), (8B), (8C), (8D) or (8E) of Division 1 of Part I of the Crimes Act 1958 or under any corresponding previous enactment or an attempt to commit any such offence or an assault with intent to commit any such offence; subordinate instrument has the same meaning as in the Interpretation of Legislation Act 1984; 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; youth justice centre means a youth justice centre established under section 478 of the Children, Youth and Families Act 2005. * * * * * (2) If under the Public Administration Act 2004 the name of the Department of Justice is changed, the reference in subsection (1) in the definitions of Department and Secretary to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name. (3) If by or under this Act a person is required or permitted to serve a document, the person may serve the document by causing it to be served by another person. Magistrates' Court Act 1989 - SECT 3A Meaning of family member 3A. Meaning of family member (1) In this Act, family member of a person means- (a) the spouse or domestic partner of the person; or (b) a person who has or has had an intimate personal relationship with the person; or (c) a person who is or has been a relative of the person; or (d) a child who normally or regularly resides with the person; or (e) a child of whom the person is a guardian; or (f) another person who is or has been ordinarily a member of the household of the person. (2) For the purposes of the definition of family member in subsection (1)- (a) domestic partner of a person means- (i) a person who is in a registered relationship with the person; or (ii) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person- (A) for fee or reward; or (B) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation); (b) parent of a child includes a guardian of the child or a person with whom the child normally or regularly resides; (c) relative of a person means- (i) a father, mother, grandfather, grandmother, step-father, step-mother, father-in-law or mother-in-law of the person; or (ii) a son, daughter, grandson, granddaughter, step-son, step-daughter, son-in-law or daughter-in-law of the person; or (iii) a brother, sister, half-brother, half-sister, brother-in-law or sister-in-law of the person; or (iv) an uncle, aunt, uncle-in-law or aunt-in-law of the person; or (v) a nephew or niece of the person; or (vi) a cousin of the person- and includes, in the case of domestic partners, a person who would be such a relative if the domestic partners were married to each other; (d) spouse of a person means a person to whom the person is or was married. (3) For the purposes of the definition of domestic partner in subsection (2)- (a) registered relationship has the same meaning as in the Relationships Act 2008; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and (c) a person is not a domestic partner of another person only because they are co-tenants. __________________ Magistrates' Court Act 1989 - PART 2 PART 2 THE MAGISTRATES' COURT OF VICTORIA Magistrates' Court Act 1989 - SECT 4 Establishment of the Magistrates' Court 4. Establishment of the Magistrates' Court (1) There shall be a court to be known as the Magistrates' Court of Victoria. (2) The Court shall consist of the magistrates, the judicial registrars of the court and the registrars of the Court. (2A) The Court has an Industrial Division. (2B) The Industrial Division has such of the powers of the Court as are necessary to enable it to exercise its jurisdiction. (3) The Court shall be constituted by a magistrate except in the case of any proceeding for which provision is made by any Act or the Rules for the Court to be constituted by a registrar. (3AA) Without limiting subsection (3), the Court may be constituted by a judicial registrar in the case of any proceeding for which provision is made by rules of court for- (a) the Court to be so constituted; and (b) the delegation to judicial registrars of powers of the Court to hear and determine the proceeding. (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. (3AB) Nothing in subsection (3A) prevents the Industrial Division being constituted by a judicial registrar in accordance with subsection (3AA). (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. (3C) The Industrial Division must exercise its jurisdiction with the minimum of legal form and technicality. Magistrates' Court Act 1989 - SECT 4A Establishment of Drug Court Division 4A. Establishment of Drug Court Division (1) The Court has a Drug Court Division. (2) The Drug Court 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. (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 Magistrate by notice published in the Government Gazette. (5) The Drug Court Division must exercise its jurisdiction with as little formality and technicality, and with as much expedition, as the requirements of this Act and the Sentencing Act 1991 and the proper consideration of the matters before the Court permit. Magistrates' Court Act 1989 - SECT 4B Adjournment of proceeding to Drug Court Division 4B. Adjournment of proceeding to Drug Court Division (1) The Court, at any time before taking a formal plea from the defendant in a criminal proceeding that is not in the Drug Court Division, may adjourn the proceeding to the Drug Court Division at that or another venue if- (a) it appears to the Court that the defendant might be eligible for a drug treatment order if convicted of the offence by the Drug Court Division; and (b) the defendant's usual place of residence (if he or she has one) is within a postcode area specified, in relation to the venue at which the Drug Court Division sits and acts, by the Minister by notice published in the Government Gazette; and (c) the defendant consents to the Court doing so. (2) Despite anything to the contrary in this Act, a venue of the Court to which the proceeding is adjourned under subsection (1) is the proper venue of the Court for the purposes of this Act. * * * * * Magistrates' Court Act 1989 - SECT 4D Establishment of Koori Court Division 4D. Establishment of Koori Court Division (1) The Court has a Koori Court Division. (2) The Koori Court Division has such of the powers of the Court as are necessary to enable it to exercise its jurisdiction. (3) Despite anything to the contrary in this Act, the Koori Court Division may only sit and act at a venue of the Court specified by the Chief Magistrate by notice published in the Government Gazette. (4) The Koori Court Division must exercise its jurisdiction with as little formality and technicality, and with as much expedition, as the requirements of this Act and the Sentencing Act 1991 and the proper consideration of the matters before the Court permit. (5) The Koori Court Division must take steps to ensure that, so far as practicable, any proceeding before it is conducted in a way which it considers will make it comprehensible to- (a) the defendant; and (b) a family member of the defendant; and (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. Magistrates' Court Act 1989 - SECT 4E Jurisdiction of Koori Court Division 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 (b) jurisdiction to deal with a breach of a sentencing order made by it (including any offence constituted by such a breach) or variation of such a sentencing order; and (c) any other jurisdiction given to it by or under this or any other Act. Magistrates' Court Act 1989 - SECT 4F Circumstances in which Koori Court Division may deal with certain offences 4F. Circumstances in which Koori Court Division may deal with certain offences (1) The Koori Court Division only has jurisdiction to deal with a proceeding for an offence (other than an offence constituted by a breach of a sentencing order made by it) if- (a) the defendant is Aboriginal; and (b) the offence is within the jurisdiction of the Magistrates' Court, other than- (i) a sexual offence as defined in section 6B(1) of the Sentencing Act 1991; or (ii) a contravention of a family violence intervention order or a family violence safety notice under the Family Violence Protection Act 2008 or an offence arising out of the same conduct as that from which the contravention arose; or (iii) a contravention of an intervention order under the Stalking Intervention Orders Act 2008 or an offence arising out of the same conduct as that out of which the contravention arose; and (c) the defendant- (i) intends to plead guilty to the offence; or (ii) pleads guilty to the offence; or (iii) intends to consent to the adjournment of the proceeding to enable him or her to participate in a diversion program; and (d) the defendant consents to the proceeding being dealt with by the Koori Court Division. (2) Subject to and in accordance with the rules- (a) a proceeding may be transferred to the Koori Court Division, whether sitting at the same or a different venue; and (b) the Koori Court Division may transfer a proceeding (including a proceeding transferred to it under paragraph (a)) to the Court, sitting other than as the Koori Court Division, at the same or a different venue. (3) Despite anything to the contrary in this Act, if a proceeding is transferred from one venue of the Court to another, the transferee venue is the proper venue of the Court for the purposes of this Act. Magistrates' Court Act 1989 - SECT 4G Sentencing procedure in Koori Court Division 4G. Sentencing procedure in Koori Court Division (1) This section applies to the Koori Court Division when it is considering which sentencing order to make in respect of a defendant. (2) The Koori Court Division may consider any oral statement made to it by an Aboriginal elder or respected person. (3) The Koori Court Division may inform itself in any way it thinks fit, including by considering a report prepared by, or a statement or submission prepared or made to it by, or evidence given to it by- (a) a Koori Court officer employed as an Aboriginal justice worker; or (b) a community corrections officer appointed under Part 4 of the Corrections Act 1986; or (c) a health service provider; or (d) a victim of the offence; or (e) a family member of the defendant; or (f) anyone else whom the Koori Court Division considers appropriate. (4) Nothing in this section affects the requirement to observe the rules of natural justice. (5) This section does not limit- (a) any other power conferred on the Court by or under this or any other Act; or (b) any other specific provision made by or under this or any other Act for the making of any report, statement or submission, or the giving of any evidence, to the Court for the purpose of assisting it in determining sentence. Magistrates' Court Act 1989 - SECT 4H Establishment of Family Violence Court Division 4H. Establishment of Family Violence Court Division (1) The Court has a Family Violence Court Division. (2) The Family Violence Court 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 Family Violence 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. (3A) Nothing in subsection (3) prevents the Family Violence Court Division being constituted by a judicial registrar in accordance with section 4(3AA). (4) In assigning a magistrate, the Chief Magistrate must have regard to the magistrate's relevant knowledge and experience in dealing with matters relating to family violence. (5) Despite anything to the contrary in this Act, the Family Violence Court Division may only sit and act at the following venues of the Court- (a) Ballarat; (b) Heidelberg; (c) such other venue of the Court as the regulations prescribe for the purposes of this subsection. (6) Subject to this Act, the regulations and rules, the Family Violence Court Division may regulate its own procedure. Magistrates' Court Act 1989 - SECT 4I Jurisdiction of Family Violence Court Division 4I. Jurisdiction of Family Violence Court Division (1) The Family Violence Court Division has jurisdiction to deal with any of the following matters if the matter is within the jurisdiction of the Magistrates' Court and arises from or includes allegations of family violence by a person- (a) proceedings for or with respect to the following orders under the Family Violence Protection Act 2008- (i) a family violence intervention order under that Act; or (ii) a counselling order or an order under section 137 of that Act; (b) civil proceedings for or with respect to damages for personal injury; (c) matters arising under- (i) the Family Law Act 1975 of the Commonwealth; or (ii) the Child Support (Assessment) Act 1989 of the Commonwealth; (d) proceedings for or with respect to the trial of a person for a summary offence or an indictable offence that may be heard and determined summarily; (e) proceedings for or with respect to the committal for trial of a person for an indictable offence; (f) proceedings for an order under Division 1 or 2 of Part 4 of the Sentencing Act 1991 that arise from an offence referred to in paragraph (d). Note Division 1 of Part 4 of the Sentencing Act 1991 deals with restitution. Division 2 of Part 4 of the Sentencing Act 1991 deals with compensation. (2) Despite anything to the contrary in the Victims of Crime Assistance Act 1996, if the act of violence to which an application under that Act relates is family violence by a person- (a) the Family Violence Court Division has jurisdiction to deal with the application; and (b) in dealing with the application, the Family Violence Court Division has the same functions, powers and duties as the Victims of Crime Assistance Tribunal; and (c) for the purposes of the application and any subsequent review of a decision relating to the application, the Family Violence Court Division is taken to constitute the Victims of Crime Assistance Tribunal. (3) The Family Violence Court Division also has- (a) jurisdiction to deal with a breach of an order referred to in section 4I(1)(a), including any offence constituted by such a breach; and (b) any other jurisdiction given to it by or under this or any other Act. (4) Subject to and in accordance with the rules, a proceeding may be transferred to the Family Violence Court Division, whether sitting at the same or a different venue, but only if- (a) the place where the family violence the subject of the proceeding is alleged to have been committed; or (b) the place of residence of the defendant; or (c) the place of permanent or temporary residence of the person against whom the family violence is alleged to have been committed- is within a postcode area specified, in relation to the venue of the Court at which the Family Violence Court Division is sitting, by the Minister by notice published in the Government Gazette. (5) Subject to and in accordance with the rules, the Family Violence Court Division may transfer a proceeding (including a proceeding transferred to it under subsection (4)) to the Court, sitting other than as the Family Violence Court Division, at the same or a different venue. (6) Despite anything to the contrary in this Act, if a proceeding is transferred from one venue of the Court to another, the transferee venue is the proper venue of the Court for the purposes of this Act. Magistrates' Court Act 1989 - SECT 4J Adjournment to seek legal advice 4J. Adjournment to seek legal advice (1) The Family Violence Court Division may, on its own initiative or on the application of a party to a proceeding, exercise its power under section 128 to adjourn proceedings to give one or more of the parties a reasonable opportunity to obtain legal advice. (2) The Family Violence Court Division may resume the proceedings if it is satisfied that the party or parties have had a reasonable opportunity to obtain legal advice whether or not that advice has been obtained. Note For party to a proceeding, see section 3(1). Magistrates' Court Act 1989 - SECT 4K Alternative arrangements for giving evidence 4K. Alternative arrangements for giving evidence (1) The Family Violence Court Division may direct that any of the following alternative arrangements be made for the giving of evidence by a witness in a proceeding- (a) permitting the evidence to be given from a place other than the courtroom by means of closed circuit television or other facilities that enable communication between that place and the courtroom; (b) using screens to remove the defendant from the witness's direct line of vision; (c) permitting a person to be beside the witness while he or she is giving evidence for the purpose of providing emotional support to him or her; (d) requiring legal practitioners to be seated while examining or cross-examining the witness; (e) permitting only persons specified by the Family Violence Court Division to be present while the witness is giving evidence; (f) any other alternative arrangements the Family Violence Court Division considers appropriate. (2) If the witness is 18 years of age or over, the Family Violence Court Division may make a direction under subsection (1) on its own initiative or on the application of a party to the proceeding. (3) If the witness is under 18 years of age, the Family Violence Court Division must make a direction under subsection (1) unless it considers it is not appropriate to do so having regard to- (a) the wishes expressed by the witness; and (b) the age and maturity of the witness; and (c) any other matters that the Family Violence Court Division considers relevant. (4) The Family Violence Court Division may hear an application under subsection (2) or ascertain the matters in subsection (3) in camera and, except as otherwise directed by the Family Violence Court Division, persons who are not parties to the proceeding or their legal practitioners or representatives are not permitted to be present while the hearing takes place or the matters are being ascertained. (5) Any place outside the courtroom where a witness is permitted to give evidence under this section is to be taken to be part of the courtroom while the witness is there for the purpose of giving evidence. (6) The Family Violence Court Division may at any time in the course of the proceeding vary or revoke a direction made under subsection (1) on its own initiative or on the application of a party to the proceeding. Note For party to a proceeding, see section 3(1). Magistrates' Court Act 1989 - SECT 4L Restriction on children being called as witnesses or present in court 4L. Restriction on children being called as witnesses or present in court (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, 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- (a) the child is the defendant 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). Note Sections 67 and 150 of the Family Violence Protection Act 2008 restricts when a child can be present during, or called as a witness in, a proceeding for a family violence intervention order. Magistrates' Court Act 1989 - SECT 4M Establishment of Neighbourhood Justice Division 4M. Establishment of Neighbourhood Justice Division (1) The Court has a Neighbourhood Justice Division. (2) The Neighbourhood Justice 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 Neighbourhood Justice 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. (4) Nothing in subsection (3) prevents the Neighbourhood Justice Division being constituted by a judicial registrar in accordance with section 4(3AA). (5) In assigning a magistrate to the Neighbourhood Justice Division, the Chief Magistrate must- (a) have regard to the magistrate's knowledge of, or experience in the application of, the principles of therapeutic jurisprudence and restorative justice; and (b) consult with the President of the Children's Court. (6) The Neighbourhood Justice Division must exercise its jurisdiction with as little formality and technicality, and with as much expedition, as the requirements of this Act and the Sentencing Act 1991 and the proper consideration of the matters before the Court permit. (7) The Neighbourhood Justice Division must take steps to ensure that, so far as practicable, any proceeding before it is conducted in a way which it considers will make it comprehensible to the parties to the proceeding. (8) Subject to this Act, the regulations and the rules, the Neighbourhood Justice Division may regulate its own procedure. Magistrates' Court Act 1989 - SECT 4N Places where Neighbourhood Justice Division may sit and act 4N. Places where Neighbourhood Justice Division may sit and act Despite anything to the contrary in this Act, the Neighbourhood Justice Division may only sit and act- (a) at a venue of the Court specified by the Chief Magistrate by notice published in the Government Gazette; and (b) if the Minister specifies a municipal district by notice published in the Government Gazette, at any place within that municipal district. Magistrates' Court Act 1989 - SECT 4O Jurisdiction of Neighbourhood Justice Division 4O. Jurisdiction of Neighbourhood Justice Division (1) In this section- close connection means connection involving regular congregation for the purpose of social or community support; municipal district means a municipal district specified under section 4N(b). (2) The Neighbourhood Justice Division has the jurisdiction referred to in this section if- (a) in the case of a criminal proceeding, the defendant- (i) resides in the municipal district; or (ii) is a homeless person who is alleged to have committed the offence in the municipal district; or (iii) is a homeless person who is alleged to have committed the offence outside the municipal district but who is living in the municipal district in accommodation of the kind referred to in paragraph (a) of the definition of homeless person in section 3(1); or (iv) is an Aborigine with a close connection to the municipal district and is alleged to have committed the offence in that district; (ab) in the case of a proceeding under the Stalking Intervention Orders Act 2008- (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 alleged stalking occurred in the municipal district; (b) in the case of a civil proceeding or a proceeding under the Family Violence Protection Act 2008- (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 (c) jurisdiction to deal with a breach of a sentencing order made by it (including any offence constituted by such a breach) or variation of such a sentencing order; and (d) the civil jurisdiction of the Court in respect of a cause of action or claim, or a class of cause of action or claim, or a proceeding, or a class of proceeding, specified in the rules; and (da) the jurisdiction of the Court given by the Stalking Intervention Orders Act 2008; and (e) the jurisdiction of the Court given by the Family Violence Protection Act 2008. (4) The Neighbourhood Justice Division does not have jurisdiction to deal with- (a) a committal proceeding into an indictable offence; or (b) a proceeding for a sexual offence as defined in section 6B(1) of the Sentencing Act 1991. Magistrates' Court Act 1989 - SECT 4P Transfer of proceedings 4P. Transfer of proceedings (1) Subject to and in accordance with the rules- (a) a proceeding may be transferred to the Neighbourhood Justice Division, whether sitting at the same or a different venue; and (b) the Neighbourhood Justice Division may transfer a proceeding (including a proceeding transferred to it under paragraph (a)) to the Court, sitting other than as the Neighbourhood Justice Division, at the same or a different venue. (2) Despite anything to the contrary in this Act, if a proceeding is transferred from one venue of the Court to another, the transferee venue is the proper venue of the Court for the purposes of this Act. Magistrates' Court Act 1989 - SECT 4Q Sentencing procedure in Neighbourhood Justice Division 4Q. Sentencing procedure in Neighbourhood Justice Division (1) This section applies to the Neighbourhood Justice Division when it is considering which sentencing order to make in respect of a defendant. (2) The Neighbourhood Justice Division may inform itself in any way it thinks fit, including by considering a report prepared by, or a statement or submission prepared or made to it by, or evidence given to it by- (a) a Neighbourhood Justice officer; or (b) a community corrections officer appointed under Part 4 of the Corrections Act 1986; or (c) the Secretary to the Department of Human Services; or (d) a health service provider; or (e) a community service provider; or (f) a victim of the offence; or (g) anyone else whom the Division considers appropriate. (3) Despite section 83A(1)(a) of the Sentencing Act 1991, the Neighbourhood Justice Division may defer sentencing an offender under section 83A of that Act even if the offender is 25 years of age or older. (4) Nothing in this section affects the requirement to observe the rules of natural justice. (5) This section does not limit- (a) any other power conferred on the Court by or under this or any other Act; or (b) any other specific provision made by or under this or any other Act for the making of any report, statement or submission, or the giving of any evidence, to the Court for the purpose of assisting it in determining a sentence. Magistrates' Court Act 1989 - SECT 4R Sexual Offences List 4R. Sexual Offences List (1) A Sexual Offences List is established. (2) The Sexual Offences List consists of any proceeding that relates (wholly or partly) to a charge for a sexual offence. (3) The operation and administration of the Sexual Offences List is at the direction of the Chief Magistrate. (4) The Chief Magistrate, under section 16A, may issue practice directions, statements or notes for the Court in relation to the Sexual Offences List. (5) Nothing in this section takes away from, or limits, a discretion or power conferred on the Chief Magistrate by or under this Act. Magistrates' Court Act 1989 - SECT 5 Where and when Court to be held 5. Where and when Court to be held (1) The Court is to be held at such places as the Governor in Council, by Order published in the Government Gazette, directs. (2) The Court may sit and act at any time and place. (3) The Court must sit on such days and at such times as the Chief Magistrate from time to time directs by notice published in the Government Gazette. (4) The Chief Magistrate may from time to time, by notice published in the Government Gazette, alter the days and times appointed for the holding of the Court at any place. Magistrates' Court Act 1989 - SECT 5A Mention courts 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. Magistrates' Court Act 1989 - SECT 6 Magistrate to be in attendance 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. Magistrates' Court Act 1989 - SECT 7 Appointment of magistrates 7. Appointment of magistrates (1) The Governor in Council may appoint as many magistrates as are necessary for transacting the business of the Court. (1A) A magistrate (other than the Chief Magistrate) may be appointed on a full-time or part-time basis. (2) The Governor in Council may appoint one of the magistrates to be Chief Magistrate and two or more to be Deputy Chief Magistrates. (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. (3) A person is not eligible for appointment as a magistrate unless he or she- (a) is or has been a judge or magistrate of- (i) the High Court of Australia or of a court created by the Parliament of the Commonwealth; or (ii) a court of Victoria or of another State or of the Northern Territory or the Australian Capital Territory; or (b) is an Australian lawyer (within the meaning of the Legal Profession Act 2004) of at least 5 years' standing. (4) A person who has attained the age of 70 years is not eligible to be appointed as a magistrate. (5) Every person who is appointed as a magistrate must, before acting as a magistrate, take an oath of office in the prescribed form and manner. (6) A magistrate may resign from office by delivering to the Governor a signed letter of resignation. (7) A magistrate, other than a Chief Magistrate appointed on or after 7 May 1996, is an officer within the meaning of the State Superannuation Act 1988. (7A) For the purposes of subsection (7), if any magistrate, other than a Chief Magistrate appointed on or after 7 May 1996, was immediately prior to his or her appointment an acting magistrate, during that appointment he or she is an officer within the meaning of the State Superannuation Act 1988. (8) A part-time magistrate, while undertaking the duties of a magistrate, has the same powers, duties, protection and immunity as a full-time magistrate. (9) A part-time magistrate must not engage in legal practice at any time during the term of his or her appointment. (10) Subject to subsection (7A), this section does not apply to an acting magistrate. Magistrates' Court Act 1989 - SECT 8 Appointment of Acting Chief Magistrate 8. Appointment of Acting Chief Magistrate (1) The Governor in Council may appoint one of the magistrates 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. (1A) If there is- (a) a vacancy in the office of the Chief Magistrate; or (b) a 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 and the Governor in Council has not made an appointment under subsection (1)- the senior of the Deputy Chief Magistrates willing to act as Chief Magistrate shall act as Chief Magistrate. (1B) If the appointment of Deputy Chief Magistrate 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, or if there is no such assignment, according to the order of their taking oath of office. (2) A magistrate who is appointed as Acting Chief Magistrate or acts as Chief Magistrate under subsection (1A) has, during the period of the appointment or the period of acting as Chief Magistrate, the same powers and duties as the Chief Magistrate. Magistrates' Court Act 1989 - SECT 9 Appointment of acting magistrates 9. Appointment of acting magistrates (1) The Governor in Council may appoint as many acting magistrates as are necessary for transacting the business of the Court. (2) A person is not eligible for appointment as an acting magistrate unless he or she- (a) has not attained the age of 75 years and is or has been a judge or magistrate of- (i) the High Court of Australia or of a court created by the Parliament of the Commonwealth; or (ii) a court of Victoria or of another State or of the Northern Territory or the Australian Capital Territory; or (b) is an Australian lawyer (within the meaning of the Legal Profession Act 2004) of at least 5 years' standing. (3) The instrument of appointment of a person as an acting magistrate must specify the terms and conditions of appointment. (4) The Attorney-General may from time to time, by notice in writing, require an acting magistrate to undertake the duties of a magistrate on a full time or sessional basis. (5) The Attorney-General does not have the power to revoke or amend a notice given under subsection (4). (6) An acting magistrate- (a) has the same powers and jurisdiction as a magistrate; (b) is eligible for re-appointment as an acting magistrate; (c) ceases to hold office- (i) at the end of 5 years from the date of his or her appointment; or (ii) on attaining the age of 70 years or, in the case of an acting magistrate covered by subsection (2)(a), 75 years- whichever is the sooner; (d) may only be removed from office in the same way and on the same grounds as a magistrate is liable to be removed from office. (7) Except as provided by section 7(7A), service as an acting magistrate does not count as service in the office of magistrate for the purposes of section 7(7). (8) Except with the approval of the Attorney-General, an acting magistrate must not engage in legal practice, undertake paid employment or conduct a business, trade or profession of any kind while undertaking the duties of a magistrate. Magistrates' Court Act 1989 - SECT 10 Salaries 10. Salaries (1) Part 1 of Schedule 1 sets out the salaries payable to magistrates. (2) Part 2 of Schedule 1 sets out the remuneration payable to acting magistrates. Magistrates' Court Act 1989 - SECT 10A Pension of Chief Magistrate 10A. Pension of Chief Magistrate (1) The Chief Magistrate and the partner and children of the Chief Magistrate are entitled to pensions in the same circumstances and at the same rates and on the same terms and conditions as a judge of the County Court (other than the Chief Judge) and the partner and children of such a judge are entitled to pensions under section 14 of the County Court Act 1958. (2) A pension under this section is liable to be suspended or determined in the same circumstances and to the same extent as pensions under section 14 of the County Court Act 1958 are liable to be suspended or determined. (2A) A pension under this section may be commuted in the same circumstances and to the same extent as pensions under sections 14AC, 14AF and 14AI of the County Court Act 1958 may be commuted and for that purpose sections 14AA to 14AI of that Act apply with such modifications as are necessary. (3) Pensions under this section and any payments of lump sums provided by the commutation of those pensions are payable out of the Consolidated Fund which is hereby to the necessary extent appropriated accordingly. (4) This section applies in respect of the appointment of a Chief Magistrate made on or after 7 May 1996. * * * * * Magistrates' Court Act 1989 - SECT 12 Vacation of office 12. Vacation of office A person ceases to hold office as a magistrate if- (a) he or she attains the age of 70 years; or (b) he or she is removed from office by the Governor in Council in accordance with Part IIIAA of the Constitution Act 1975; or (c) his or her office is abolished by or under an Act. Magistrates' Court Act 1989 - SECT 13 Assignment of duties 13. Assignment of duties (1) The Chief Magistrate may assign duties to a magistrate or judicial registrar. (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. (3) A magistrate (other than an acting magistrate), although not appointed on a part-time basis, may, by agreement in writing entered into with the Chief Magistrate, undertake the duties of a magistrate on a part-time basis. Magistrates' Court Act 1989 - SECT 13A Delegation by the Chief Magistrate 13A. Delegation by the Chief Magistrate The Chief Magistrate, by instrument, may delegate to any magistrate any of his or her powers under sections 6(1) and 13. Magistrates' Court Act 1989 - SECT 13B Professional development and training 13B. Professional development and training (1) In this section- judicial officer means- (a) a magistrate; or (b) a judicial registrar; or (c) the principal registrar, a registrar or a deputy registrar. (2) The Chief Magistrate is responsible for directing the professional development and continuing education and training of judicial officers. (3) In discharging his or her responsibility under subsection (2) the Chief Magistrate may direct- (a) all judicial officers; or (b) a specified class of judicial officer; or (c) a specified judicial officer- to participate in a specified professional development or continuing education and training activity. (4) A direction under subsection (3) may be given orally or in writing. Magistrates' Court Act 1989 - SECT 14 Protection of magistrates 14. Protection of magistrates A magistrate has, in the performance of his or her duties as a magistrate, the same protection and immunity as a Judge of the Supreme Court has in the performance of his or her duties as a Judge. Magistrates' Court Act 1989 - SECT 15 Council of magistrates 15. Council of magistrates (1) A Council of the magistrates (not including any acting magistrate) must meet at least once in each year on a day or days fixed by the Chief Magistrate to- (a) consider the operation of this Act and the Rules; and (b) consider the working of the offices of the Court and the arrangements relating to the duties of court officials; and (c) inquire into and examine any defects which appear to exist in the system of procedure or the administration of the law in the Court. (2) The Chief Magistrate must cause adequate notice of a meeting to be given to all the magistrates. (3) The magistrates must report annually to the Governor on the operation of the Court. Magistrates' Court Act 1989 - SECT 16 Rules of Court 16. Rules of Court (1) The Chief Magistrate together with 2 or more Deputy Chief Magistrates may jointly make rules of court for or with respect to the following- (a) any matter dealt with in the Rules referred to in subsection (5); (b) the prescription of the civil proceedings or class of civil proceedings which may be dealt with by the Court constituted by a registrar; (c) the prescription of any venue of the court as a civil registry court; (d) appeals in civil proceedings by way of re-hearing or otherwise to the Court constituted by a magistrate from the Court constituted by a registrar; (e) the payment of money into and out of court in civil proceedings and the investment of that money; (ea) the service of documents in civil proceedings, including service outside Australia; (f) any matter relating to the practice and procedure of the Court in civil proceedings; (fa) the reference of any civil proceeding or of any part of a civil proceeding to mediation; (fb) the referral of any civil proceeding, or any part of a civil proceeding, for a pre-hearing conference and the conduct of pre-hearing conferences; (fc) judicial resolution conferences, including, but not limited to the practice and procedure of the Court in relation to judicial resolution conferences; (g) any matter relating to the enforcement of orders made by the Court in civil proceedings; (h) the storage, disposal or destruction of documents- (i) filed or lodged with the appropriate registrar in civil proceedings; or (ii) issued out of the Court in civil proceedings and kept by the principal registrar. (1A) The Chief Magistrate together with 2 or more Deputy Chief Magistrates may jointly make rules of court for or with respect to the following- (a) prescribing by scale or otherwise the costs of and incidental to criminal proceedings in the Court; (b) prescribing a method for the electronic filing of charges; (c) the form in which process may be issued out of the Court and the manner in which it may be authenticated, stored, transmitted or otherwise dealt with; (ca) any matter relating to sentence indications under section 50A; (d) the manner in which orders may be authenticated; (e) any matter relating to the practice and procedure of the Koori Court Division of the Court; (f) the transfer of proceedings to and from the Koori Court Division of the Court; (g) any matter relating to the practice and procedure of the Family Violence Court Division of the Court; (h) the transfer of proceedings to and from the Family Violence Court Division of the Court; (ha) the causes of action or claims, or classes of causes of action or claims, or proceedings or classes of proceedings, that may be heard and determined in the Neighbourhood Justice Division of the Court; (hb) any matter relating to the practice and procedure of the Neighbourhood Justice Division of the Court; (hc) the transfer of proceedings to and from the Neighbourhood Justice Division of the Court; (i) the procedure to be followed on a proceeding held under an order made under section 56A; (j) any matter relating to the practice and procedure of the Court in committal proceedings; (k) without limiting paragraph (j), steps or processes in the course of a committal proceeding, the purpose or objective of any such step or process, the prescription of time limits in relation to the taking of any such step or process and the procedure applicable to that step or process; (l) forms to be used in committal proceedings; (la) prescribing persons or classes of persons for the purposes of clause 8(1)(b) of Schedule 5; (m) prescribing the venue of the Court at which any particular proceeding or class of proceeding or procedure set out in the Infringements Act 2006 is to be brought; (n) prescribing the rules, practice and procedure applicable to the execution of a warrant to seize property issued for the enforcement of an order made by the Court in a criminal proceeding; (o) the storage, disposal or destruction of documents- (i) filed or lodged with the appropriate registrar in criminal proceedings; or (ii) issued out of the Court in criminal proceedings and kept by the principal registrar; (p) requirements for the purposes of Part IIA of the Evidence Act 1958 for or with respect to- (i) the form of audio visual or audio link; (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; (q) applications to the Court under Division 2 or 3 of Part IIA of the Evidence Act 1958; (r) any matter relating to the practice and procedure of the Court under Part IIA of the Evidence Act 1958; (s) the forms to be used in criminal proceedings; (t) prescribing the manner of service of any document 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. (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. (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. (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 (b) so as to make, as respects the cases in relation to which it is exercised- (i) the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or (ii) any such provision either unconditionally or subject to any specified condition. (1E) Rules made under this Act may be made so as to- (a) require a matter affected by the rules to be approved by or to the satisfaction of a specified court official or a specified class of court official; and (b) confer a discretionary authority or impose a duty on a specified person or a specified class of person; and (c) provide in a specified case or class of case for the exemption of proceedings or a class of proceeding from any of the provisions of the rules, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified. (2) The power of the Chief Magistrate together with 2 or more Deputy Chief Magistrates to jointly make rules of court, whether that power is conferred by this or any other Act, is subject to the rules being disallowed by a House of the Parliament in accordance with section 23 of the Subordinate Legislation Act 1994. * * * * * * * * * * (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. Magistrates' Court Act 1989 - SECT 16A Practice notes 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. __________________ Magistrates' Court Act 1989 - PART 2A PART 2A JUDICIAL REGISTRARS Magistrates' Court Act 1989 - SECT 16B Guidelines relating to the appointment of judicial registrars 16B. Guidelines relating to the appointment of judicial registrars (1) The Chief Magistrate may, in consultation with the Attorney-General- (a) prepare guidelines relating to the appointment of judicial registrars of the Court; and (b) from time to time amend or revoke any guidelines prepared under paragraph (a). (2) The Chief Magistrate must, as soon as practicable after preparing, amending or revoking any guidelines under subsection (1), cause a copy of the guidelines or the amendment or notice of the revocation (as the case requires) to be given to the Attorney-General. Magistrates' Court Act 1989 - SECT 16C Appointment of judicial registrars 16C. Appointment of judicial registrars (1) The Chief Magistrate may, at any time, having regard to any guidelines in force under section 16B(1), recommend to the Attorney-General that a judicial registrar, or more than one judicial registrar, of the Court be appointed by the Governor in Council. (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 by him or her 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- (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 full-time 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. (7) A judicial registrar is eligible for re-appointment. (8) The Public Administration Act 2004 does not apply to a judicial registrar in respect of the office of judicial registrar. Magistrates' Court Act 1989 - SECT 16D Terms and conditions of appointment 16D. Terms and conditions of appointment (1) A judicial registrar is entitled to receive the remuneration and allowances that are fixed in respect of him or her from time to time by the Governor in Council. (2) Except with the approval of the Attorney-General, a judicial registrar must not engage in legal practice, undertake paid employment or conduct a business, trade or profession of any kind. (3) A judicial registrar must disclose to the Chief Magistrate in writing any direct or indirect pecuniary interest that he or she has or acquires that could conflict with the proper performance of the duties of the office of judicial registrar. (4) Despite any provision to the contrary made by or under any other Act, a person who has held the office of judicial registrar is entitled to have his or her service in that office taken into account in computing the period of service which entitles public officials (within the meaning of the Public Administration Act 2004) to be granted long service leave or other leave entitlements, whether his or her service in the office of judicial registrar is before or after any period of service as such a public official. Magistrates' Court Act 1989 - SECT 16E Resignation from office 16E. Resignation from office A judicial registrar may resign from office by delivering to the Governor a signed letter of resignation. Magistrates' Court Act 1989 - SECT 16F Suspension from office 16F. Suspension from office (1) The Chief Magistrate, with the approval of the Attorney-General, may suspend a judicial registrar from office, if the Chief Magistrate believes that there may be grounds for removal of the judicial registrar from office. (2) A judicial registrar who is suspended under this section remains entitled to his or her remuneration and allowances as judicial registrar during the period of suspension. Magistrates' Court Act 1989 - SECT 16G Investigation of judicial registrar 16G. Investigation of judicial registrar (1) As soon as practicable after the Chief Magistrate suspends a judicial registrar from office under section 16F, the Attorney-General must appoint a person nominated by the Chief Magistrate to undertake an investigation into the judicial registrar's conduct. (2) A person appointed under subsection (1) must- (a) investigate the judicial registrar's conduct; and (b) report to the Attorney-General on the investigation; and (c) give a copy of the report to the judicial registrar and the Chief Magistrate. (3) A report under subsection (2)(b) may include a recommendation that the judicial registrar be removed from office. (4) After receiving a report under subsection (2)(b) recommending removal, the Attorney-General, after consulting the Chief Magistrate, may recommend to the Governor in Council that the judicial registrar be removed from office. (5) The person who conducted the investigation and the Attorney-General may only recommend that a judicial registrar be removed on the ground of proved misbehaviour or incapacity. (6) The Attorney-General must not make a recommendation under subsection (4) unless the judicial registrar has been given a reasonable opportunity to make written and oral submissions to the person who conducted the investigation and the Chief Magistrate. (7) In making a recommendation under subsection (4), the Attorney-General is entitled to rely on any findings contained in the report under subsection (2). (8) If the Attorney-General decides not to make a recommendation under subsection (4)- (a) the Attorney-General must inform the Chief Magistrate as soon as practicable after receiving the report under subsection (2)(b); and (b) the Chief Magistrate must lift the suspension. Magistrates' Court Act 1989 - SECT 16H Removal of judicial registrar from office 16H. Removal of judicial registrar from office The Governor in Council may remove a judicial registrar from office on the recommendation of the Attorney-General under section 16G but not otherwise. Magistrates' Court Act 1989 - SECT 16I Rules of Court 16I. Rules of Court The Chief Magistrate together with 2 or more Deputy Chief Magistrates may jointly make rules of court for or with respect to- (a) the prescription of the proceedings or class of proceedings which may be dealt with by the Court constituted by a judicial registrar; (b) delegating to the judicial registrars all or any of the powers of the Court except the power- (i) to impose a sentence of imprisonment or of detention in a youth justice centre or youth residential centre; or (ii) to make an intensive correction order within the meaning of the Sentencing Act 1991; or (iii) to make a drug treatment order within the meaning of the Sentencing Act 1991; or (iv) to make a hospital security order within the meaning of the Sentencing Act 1991; or (v) to hear and determine an appeal made to the Court. Magistrates' Court Act 1989 - SECT 16J Performance of duties by judicial registrar 16J. Performance of duties by judicial registrar (1) A judicial registrar must not hear, or continue to hear, a proceeding that the judicial registrar considers for any reason inappropriate for hearing and determination by the Court constituted by a judicial registrar and must make appropriate arrangements for the proceeding to be heard and determined by the Court constituted by a magistrate. (2) A judicial registrar, in the performance of his or her duties as a judicial registrar, is not subject to the direction or control of any person or body. (3) A judicial registrar has, in the performance of his or her duties as a judicial registrar, the same protection and immunity as a Judge of the Supreme Court has in the performance of his or her duties as a Judge. Magistrates' Court Act 1989 - SECT 16K Review of decisions of judicial registrar 16K. Review of decisions of judicial registrar (1) The Court constituted by a magistrate may direct that the hearing and determination of a proceeding by the Court constituted by a judicial registrar be reviewed by the Court constituted by a magistrate. (2) A direction may be given under subsection (1) at the request of a party to the proceeding or by the Court of its own motion. (3) A review under this section is to be conducted as a hearing de novo. __________________ Magistrates' Court Act 1989 - PART 3 PART 3 OFFICERS OF THE COURT Magistrates' Court Act 1989 - SECT 17 Employment of principal registrar, registrars and deputy registrars 17. Employment of principal registrar, registrars and deputy registrars (1) For the purposes of this Act and to assist in the administration of the Court there are to be employed under Part 3 of the Public Administration Act 2004- (a) a principal registrar; and (b) as many registrars and deputy registrars as are necessary. (1A) The Chief Magistrate may, by notice given to the Secretary, specify qualifications (including training, skill and experience) required to be held, or examinations in specified subjects required to be passed, by any person seeking to be employed under Part 3 of the Public Administration Act 2004 as a registrar or deputy registrar. (1B) The Secretary, in exercising a power to employ a person under Part 3 of the Public Administration Act 2004 as a registrar or deputy registrar, shall have regard to any notice given by the Chief Magistrate under subsection (1A). (2) The principal registrar, registrars and deputy registrars have the duties, powers and functions provided by this Act, the regulations and the Rules. (3) The principal registrar may, by instrument, delegate to any registrar or class of registrars any function or power of the principal registrar under this Act, the regulations or the Rules, except this power of delegation. (4) A deputy registrar may, subject to this Act, the regulations and the Rules and to any directions of a registrar, exercise any of the powers or perform any of the functions of a registrar. Magistrates' Court Act 1989 - SECT 17A Appointment of Aboriginal elders or respected persons 17A. Appointment of Aboriginal elders or respected persons (1) The Secretary may appoint a person who is a member of the Aboriginal community as an Aboriginal elder or respected person for the purpose of performing functions in relation to the Koori Court Division of the Court as set out in this Act. (2) An Aboriginal elder or respected person holds office for the period, and on the terms and conditions, determined by the Secretary and specified in the instrument of appointment. (3) An Aboriginal elder or respected person may resign from office by writing signed by him or her and delivered to the Secretary. Magistrates' Court Act 1989 - SECT 18 Register 18. Register (1) The principal registrar must cause a register to be kept of all the orders of the Court and of such other matters as are directed by this Act or the Rules to be entered in the register. (2) An order made by the Court must be authenticated by the person who constituted the Court. (3) Any person may, subject to any order made under section 126 and on payment of the prescribed fee, inspect that part of the register that contains the final orders of the Court. (4) A party to a proceeding may inspect without charge that part of the register that relates to that proceeding. (5) A document purporting to be an extract from the register and purporting to be signed by a registrar who certifies that in his or her opinion the extract is a true extract from the register is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the matters appearing in the extract. Magistrates' Court Act 1989 - SECT 19 Offence to publish certain information concerning proceedings 19. Offence to publish certain information concerning proceedings A person must not, in the course of a business of publishing information concerning debtors, publish or cause to be published any information concerning the commencement of a proceeding for debt so as to identify the defendant before a final order is made in the proceeding. Penalty: 100 penalty units. Magistrates' Court Act 1989 - SECT 19A Recording of proceedings 19A. Recording of proceedings The principal registrar must ensure that all proceedings in the Court are recorded in accordance with the Rules. Magistrates' Court Act 1989 - SECT 20 Process 20. Process (1) Process may only be issued out of the Court by a registrar, except where otherwise provided by or under this or any other Act. (2) The principal registrar must, subject to the regulations, keep the original of all process issued out of the Court and must issue or cause to be issued as many copies as are necessary. (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. Magistrates' Court Act 1989 - SECT 21 Powers of registrar 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; (c) power to extend the bail of a person appearing on a return date in relation to a criminal proceeding in respect of which the person has been granted bail; (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; (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. (2) Subsection (1)(c) does not empower a registrar to vary the amount or conditions of bail. Magistrates' Court Act 1989 - SECT 22 Fees 22. Fees (1) Subject to subsection (2), a registrar must demand and receive the prescribed fees. (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. (3) Subsections (1) and (2) do not apply to fees payable to the sheriff. Magistrates' Court Act 1989 - SECT 23 Extortion by and impersonation of court officials 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. Magistrates' Court Act 1989 - SECT 24 Protection of registrars 24. Protection of registrars The principal registrar, a registrar and a deputy registrar have, in the performance of their duties as such, the same protection and immunity as a magistrate has in the performance of his or her duties as a magistrate. __________________ Magistrates' Court Act 1989 - PART 4 PART 4 WARRANTS AND CRIMINAL PROCEEDINGS Division 1-Jurisdiction Magistrates' Court Act 1989 - SECT 25 Extent of jurisdiction 25. Extent of jurisdiction (1) The Court has jurisdiction- (a) to hear and determine all summary offences; and (b) to hear and determine all indictable offences which may be heard and determined summarily; and (c) to conduct committal proceedings into indictable offences and either- (i) direct the defendant to be tried and order that the defendant be remanded in custody until trial or grant bail; or (ii) discharge the defendant; and (d) to make orders to enforce the payment of all fines which are, by any Act, directed to be recovered in the Court or for the recovery of which no provision is made. (2) The jurisdiction given by subsection (1) is additional to any other jurisdiction given to the Court with respect to a criminal proceeding by or under any Act other than this Act. Division 2-Procedure Subdivision 1-General Magistrates' Court Act 1989 - SECT 26 How criminal proceeding commenced 26. How criminal proceeding commenced (1) A criminal proceeding must be commenced by filing a charge- (a) with a registrar1; or (b) if the defendant is arrested without a warrant and is released on bail, with a bail justice. Note The Electronic Transactions (Victoria) Act 2000 applies to enable a charge to be filed electronically. * * * * * (2) A charge must be on a charge-sheet signed by the informant. (2A) If a charge is filed in accordance with the method prescribed by the regulations for electronic filing, the requirements of sections 8(1) and 9(1) of the Electronic Transactions (Victoria) Act 2000 are taken to have been met. (3) A charge need not be on oath, except where otherwise provided by this or any other Act. (4) Subject to subsection (5), a proceeding for a summary offence must be commenced not later than 12 months after the date on which the offence is alleged to have been committed, except where otherwise provided by or under any other Act. (5) With the consent in writing of the defendant and the consent of the Director of Public Prosecutions or a Crown Prosecutor, a proceeding for a summary offence may be commenced at any time despite any limitation as to the time for commencing the proceeding in subsection (4) or otherwise provided by or under any other Act. Magistrates' Court Act 1989 - SECT 27 Descriptions in charge 27. Descriptions in charge (1) A charge must describe the offence which the defendant is alleged to have committed and a description of an offence in the words of the Act or subordinate instrument creating it, or in similar words, is sufficient. (2) A charge must identify the provision of the Act or subordinate instrument (if any) that creates the offence which the defendant is alleged to have committed. (3) The description of property in a charge must be in ordinary language and such as to indicate with reasonable clarity the property referred to. (4) If property is described as specified in subsection (3), it is not necessary (except where required for the purpose of describing an offence depending on any special ownership of property or special value of property) to name the person to whom the property belongs or the value of the property. (5) If property is vested in more than one person and the owners of the property are referred to in a charge, it is sufficient to describe the property as owned by one of those persons by name with others and if the persons owning the property are a body of persons with a collective name, it is sufficient to use the collective name without naming any individual. (6) The description or designation in a charge of- (a) the defendant; or (b) any other person to whom reference is made in the charge- must be reasonably sufficient to identify the person. (7) If the name of the person is not known or for any other reason it is impracticable to comply with subsection (6), a description or designation must be given that is reasonably practicable in the circumstances or the person may be described as "a person unknown". (8) If it is necessary to refer to any document in a charge, it is sufficient to describe that document by any means by which it may be reasonably identified. Magistrates' Court Act 1989 - SECT 28 Compelling attendance 28. Compelling attendance (1) On the filing of a charge under section 26 an application may be made to the registrar at the venue of the Court at which the charge is filed for the issue of 2- (a) a summons to answer to the charge; or (b) a warrant to arrest- in order to compel the attendance of the defendant. (2) An application under subsection (1)(b) must be made by the informant but an application under subsection (1)(a) may be made by the informant or a person on behalf of the informant. (3) An application under subsection (1) may be made by the applicant in person or by post3. (4) On an application under subsection (1), the registrar must, if satisfied that the charge discloses an offence known to law, issue- (a) a summons to answer to the charge; or (b) subject to subsection (5), a warrant to arrest. (5) A registrar must not issue in the first instance a warrant to arrest unless satisfied by evidence on oath or by affidavit that- (a) it is probable that the defendant will not answer a summons; or (b) the defendant has absconded, is likely to abscond or is avoiding service of a summons that has been issued; or (c) a warrant is required or authorised by any other Act or for other good cause. Magistrates' Court Act 1989 - SECT 29 Magistrate may exercise registrar's powers 29. Magistrate may exercise registrar's powers A magistrate may exercise any of the powers of a registrar for the purpose of issuing criminal process. Magistrates' Court Act 1989 - SECT 30 Prescribed persons may issue summons 30. Prescribed persons may issue summons (1) Without limiting the power of a registrar in any way- (a) a member of the police force; or (b) a public official acting in the performance of his or her duty (whether the power to commence the proceeding is conferred on him or her by or under an Act or at common law)- may, after signing a charge-sheet, issue a summons to answer to the charge. (1A) In this section- public official means- (a) a public official within the meaning of the Public Administration Act 2004; or (b) a person employed by, or the holder of an office in, or on the governing body of- (i) a Council within the meaning of the Local Government Act 1989; or (ii) the Office of Public Prosecutions; or (c) in the case of a charge for an offence referred to in section 24(1) of the Prevention of Cruelty to Animals Act 1986, a full-time officer of the Royal Society for the Prevention of Cruelty to Animals authorised under section 24(1)(b) of that Act. (2) If a member of the police force or a public official issues a summons under subsection (1)- (a) he or she must file the charge and summons with the appropriate registrar within 7 days after signing the charge-sheet; and (b) the proceeding for the offence is commenced at the time the charge-sheet is signed, despite anything to the contrary in section 26(1). (3) Subject to subsection (4), if it appears to the Court that subsection (2)(a) has not been complied with in relation to a proceeding, the Court may strike out the charge4, 5. Note Section 131 permits the Court to award costs if a proceeding is struck out. (4) If a member of the police force or a public official issues a summons under subsection (1) and files the charge and summons with the registrar at a venue of the Court other than the proper venue, subclauses (2A) and (2B) of clause 1 of Schedule 2 apply to the hearing and determination of the charge, whether or not the charge is for a summary offence 6. Magistrates' Court Act 1989 - SECT 31 Joinder of offences 31. Joinder of offences (1) A charge-sheet may contain charges for more than one offence if those offences- (a) are founded on the same facts; or (b) form part of a series of offences of the same or a similar character- and those charges must be heard together unless an order is made under subsection (3). (2) If more than one charge is contained in a charge-sheet under subsection (1), the particulars of each offence must be set out in a separate numbered paragraph. (3) Any charge contained in a charge-sheet under subsection (1) may, on the application of the prosecutor or defendant, be heard separately if the Court thinks fit. (4) Any number of charges contained in separate charge-sheets may, on the application of the prosecutor or defendant, be heard together if the Court thinks fit. Magistrates' Court Act 1989 - SECT 32 Defendant entitled to receive copy of charge 32. Defendant entitled to receive copy of charge (1) A defendant is entitled to receive without cost a copy of the charge-sheet from the informant or the appropriate registrar. (2) A defendant is entitled to receive from the informant reasonable particulars of the charge. Magistrates' Court Act 1989 - SECT 33 Summons to answer to a charge 33. Summons to answer to a charge (1) A summons to answer to a charge must direct the defendant to attend at the proper venue on a certain date and at a certain time to answer the charge. (1A) A summons to answer to a charge for an indictable offence that is to be served on a defendant that is a body corporate must state that, if the defendant does not appear in answer to the summons, the Court may proceed- (a) in the case of an offence to which section 53(1) applies, to hear and determine the charge in the defendant's absence in accordance with Schedule 2; or (b) in any case, to conduct a committal proceeding in the defendant's absence in accordance with Schedule 5. (2) On the application of the informant at any time before the service of a summons to answer to a charge, the mention date specified in the summons may be extended without cause- (a) before the mention date; or (b) within one month after the mention date- by the appropriate registrar on one occasion and thereafter may be extended- (c) before the current mention date; or (d) within one month after the current mention date- by the appropriate registrar if he or she is satisfied by evidence on oath or by affidavit that reasonable efforts have been made to serve the summons. Magistrates' Court Act 1989 - SECT 34 Service of summons to answer to a charge 34. Service of summons to answer to a charge (1) Every summons to answer to a charge, except where otherwise expressly enacted- (a) must be served- (i) in the case of a charge of an indictable offence in respect of which the registrar has fixed a committal mention date, at least 7 days before that date or such other time before that date as is prescribed by the regulations; and (ii) in any other case, at least 14 days before the mention date; and (b) must be served on the defendant by- (i) delivering a true copy of the summons to the defendant personally; or (ii) leaving a true copy of the summons for the defendant at the defendant's last or most usual place of residence or of business with a person who apparently resides or works there and who apparently is not less than 16 years of age. (2) If it appears to the Court, by evidence on oath or by affidavit, that service cannot be promptly effected, the Court may make an order for substituted service. (3) If a defendant is a company or registered body (within the meaning of the Corporations Act), a summons to answer to a charge may be served on that defendant in accordance with section 109X or 601CX of that Act, as the case requires. Magistrates' Court Act 1989 - SECT 35 Proof of service 35. Proof of service (1) Service of a summons to answer to a charge may be proved by- (a) evidence on oath; or (b) affidavit; or (c) declaration. (2) Evidence of service must identify the summons served and state the time and manner in which service was effected. (3) A document purporting to be an affidavit or declaration under subsection (1)(b) or (1)(c) is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements in it. (4) The informant must file any affidavit or declaration of service with the appropriate registrar at least 7 days or, in the case of service of a summons to which section 34(1)(a)(i) applies, at least 48 hours before the mention date. Magistrates' Court Act 1989 - SECT 36 Service of summonses for summary offences by post 36. Service of summonses for summary offences by post (1) A summons to answer to a charge for a summary offence may be served by posting, at least 14 days before the mention date, a true copy of the summons addressed to the defendant at the last known place of residence or business of the defendant. (1A) In considering whether to effect service of a summons by post, an informant must consider whether it is the most appropriate method of service in all the circumstances as known by the informant including- (a) the nature and gravity of the alleged offence; (b) whether the defendant has previously been found guilty or convicted of any similar offence; (c) the period of time that has elapsed since the defendant's address for service was ascertained. (2) The regulations may prescribe how the last known place of residence or business of a defendant is to be ascertained in specified circumstances. (3) If a summons is served by post in accordance with this section, evidence of service must state the manner of ascertainment of the address to which the summons was posted and the time and place of posting and whether the informant considered the matters referred to in subsection (1A) before determining to effect service by post. * * * * * Magistrates' Court Act 1989 - SECT 37 Service of statements on defendant 37. Service of statements on defendant (1) The informant may serve on the defendant in the case of a charge for a summary offence a brief of evidence which must contain- (a) a notice in the prescribed form explaining this section and clause 5 of Schedule 2; and (b) a list of the persons who have made statements which the informant intends to tender at the hearing of the charge if the defendant does not appear; and (c) copies of the statements referred to in paragraph (b); and (d) a copy of the charge-sheet relating to the offence; and (e) a copy of any document which the informant intends to produce as evidence; and (f) a list of any things proposed to be tendered as exhibits; and (g) a photograph of any proposed exhibit that cannot be described in detail in the list. (2) Subject to subsection (8), a statement which the informant intends to tender at the hearing of the charge if the defendant does not appear must be- (a) in the form of an affidavit; or (b) signed by the person making the statement and must contain an acknowledgment signed in the presence of- (i) a member of the police force of Victoria or of any other State or of the Northern Territory of Australia; or (ii) a member of the Australian Federal Police; or (iii) an authorised officer within the meaning of the Fisheries Act 1995- that the statement is true and correct and is made in the belief that a person making a false statement in the circumstances is liable to the penalties of perjury. (3) If a person under the age of 18 years makes a statement which the informant intends to tender as mentioned in subsection (2), the statement must include the person's age. (4) If a person who cannot read makes a statement which the informant intends to tender as mentioned in subsection (2)- (a) the statement must be read to the person before he or she signs it; and (b) the acknowledgement must state that the statement was read to the person before he or she signed it. (5) A person who acknowledges a statement which the informant intends to tender as mentioned in subsection (2) and which the person knows at the time to be false is liable to the penalties of perjury. (6) The brief of evidence referred to in subsection (1) must be served in accordance with section 34 or 36(1) (as the case requires) as though it were a summons to answer to a charge. (7) Service of a brief of evidence may be proved in any manner in which service of a summons to answer to a charge may be proved under section 35. (8) It is not necessary that the copy of the statement referred to in subsection (1)(b) contained in the brief of evidence served on the defendant comply with subsection (2) if- (a) the informant files with the appropriate registrar at least 7 days before the mention date a copy of a statement complying with subsection (2); and (b) the statement contains an acknowledgement signed by the person making the statement in the presence of a person referred to in subsection (2)(b)(i) or (ii) that the content of the statement is identical to that of the copy statement served on the defendant. Magistrates' Court Act 1989 - SECT 37A Service of outline of evidence on defendant 37A. Service of outline of evidence on defendant (1) The informant may serve on the defendant, in the case of a charge for a summary offence, an outline of evidence and a notice in the prescribed form explaining this section and clause 6 of Schedule 2. (2) An outline of evidence is a statement by the informant- (a) describing the nature and circumstances of the alleged offence, including- (i) the background and consequences of the alleged offence; and (ii) the comments or statements, if any, made by the defendant concerning the alleged offence; and (b) including- (i) the names of all persons who may be called to give evidence by or on behalf of the informant at the hearing of the charge and indicating whether those persons have made statements; and (ii) a list of any things that may be tendered as exhibits. (3) An outline of evidence must be- (a) in the form of an affidavit; or (b) signed by the informant and must contain an acknowledgment signed in the presence of- (i) a member of the police force of Victoria, of any other State or of an internal Territory; or (ii) a member of the Australian Federal Police- that the statement is true and correct and is made in the belief that a person making a false statement in the circumstances is liable to the penalties of perjury. (4) Despite subsection (3), a copy of an outline of evidence that- (a) is served on the defendant; or (b) is used for the purposes of clause 6 in Schedule 2- need not bear the manual signature of the informant. (5) An informant who acknowledges an outline of evidence which the informant knows at the time to be false is liable to the penalties of perjury. (6) The outline of evidence and notice referred to in subsection (1) must be served in accordance with section 34 or 36(1) (as the case requires) as though they were a summons to answer to a charge. (7) Service of documents referred to in subsection (1) may be proved in any manner in which service of a summons to answer to a charge may be proved under section 35. (8) Section 90 of the Road Safety Act 1986 applies as if a reference to "summons" were a reference to "outline of evidence under section 37A of the Magistrates' Court Act 1989". (9) An informant must retain an outline of evidence bearing the manual signature of the informant for a period of 12 months after the determination of the charge. Magistrates' Court Act 1989 - SECT 38 Appearance7 38. Appearance7 (1) A party to a criminal proceeding may appear- (a) personally; or (b) by a legal practitioner or other person empowered by law to appear for the party; or (c) in the case of an informant who is a member of the police force, by a police prosecutor; or (d) if the proceeding was commenced by the filing by a prescribed person or a member of a prescribed class of persons of a charge under section 18W(1), 26(1), 31(1), 47(1) or 79(1) of the Sentencing Act 1991 or section 158 of the Infringements Act 2006, by any other prescribed person or any other member of the prescribed class of persons within the meaning of the Sentencing Act 1991 or the Infringements Act 2006, as the case requires. (2) To avoid doubt, a legal practitioner appearing for a defendant may on behalf of the defendant- (a) consent to a summary hearing of a charge under section 53(1); and (b) enter a plea. Magistrates' Court Act 1989 - SECT 38A Charge to be read or explained to defendant before plea 38A. Charge to be read or explained to defendant before plea (1) Subject to subsection (2), the Court must ensure that any charge, as set out on the charge-sheet, is read to the defendant or its substance explained to the defendant before the defendant is asked to plead to the charge. (2) It is not necessary that a charge be read, or its substance explained, to a defendant who is represented by a legal practitioner if the Court considers it appropriate that it not be so read or explained. Magistrates' Court Act 1989 - SECT 39 Legal representation 39. Legal representation If- (a) a defendant is charged with an offence punishable by imprisonment; and (b) the defendant is unrepresented on his or her first appearance before the Court in respect of the charge- the Court must- (c) ask the defendant whether he or she has sought legal advice; and (d) if satisfied that the defendant has not had a reasonable opportunity to obtain legal advice, grant an adjournment if so requested by the defendant. Magistrates' Court Act 1989 - SECT 40 Interpreter 40. Interpreter If- (a) a defendant is charged with an offence punishable by imprisonment; and (b) the Court is satisfied that the defendant does not have a knowledge of the English language that is sufficient to enable the defendant to understand, or participate in, the proceedings- the Court must not hear and determine the proceeding without a competent interpreter interpreting it. Magistrates' Court Act 1989 - SECT 41 Non-appearance of defendant 41. Non-appearance of defendant (1) If a defendant does not attend in answer to a summons to answer to a charge for an indictable offence which has been served in accordance with this Act, the Court may issue a warrant to arrest the defendant. (2) If a defendant does not appear in answer to a summons to answer to a charge for a summary offence, the Court may- (aa) if the summons was served by post in accordance with section 36, direct that the defendant be personally served with the summons; or (a) issue a warrant to arrest the defendant; or (b) proceed to hear and determine the charge in the defendant's absence in accordance with Schedule 2; or (c) adjourn the proceeding on any terms that it thinks fit. (3) If a defendant- (a) has been charged with a summary offence; and (b) fails to attend in answer to bail- the Court may proceed to hear and determine the charge in the defendant's absence in accordance with Schedule 2 or may adjourn the proceeding on any terms that it thinks fit without prejudice to any right of action arising out of the breach of the bail undertaking. (4) If the Court proceeds to hear and determine a charge in the defendant's absence and finds the defendant guilty, the Court must not make a custodial order under Division 2 of Part 3 of the Sentencing Act 1991. Magistrates' Court Act 1989 - SECT 42 Return of property taken from a defendant 42. Return of property taken from a defendant If- (a) property has been taken from a defendant; and (b) in the opinion of the Court the property or part of it can be returned consistently with the interests of justice and with the safe custody of the defendant- the Court must direct that the property or part of it be returned to the defendant or to such other person as the defendant directs. Magistrates' Court Act 1989 - SECT 43 Witness summonses 43. Witness summonses (1) The Court or a registrar may issue the following witness summonses- (a) summons to give evidence; (b) summons to produce documents or things; (c) summons to give evidence and produce documents or things. (2) Any party to a criminal proceeding in the Court may apply for the issue of a witness summons. (3) A witness summons may be directed to any person who appears to the Court or registrar issuing the summons to be likely- (a) to be able to give material evidence for any party to the proceeding; or (b) to have in the person's possession or control any documents or things which may be relevant on the hearing of the proceeding; or (c) both to be able to give material evidence and to have in the person's possession or control any relevant documents or things. (4) A witness summons must require the person to whom it is directed to attend at a specified venue of the Court on a certain date and at a certain time- (a) to give evidence in the proceeding; or (b) to produce for examination at the hearing any documents or things described in the summons that are in the person's possession or control; or (c) both to give evidence and produce for examination any documents or things described in the summons that are in the person's possession or control. (5) A witness summons must be served in accordance with section 34 as though it were a summons to answer to a charge, except that it must be served a reasonable time before the return date. (6) A person to whom a witness summons is directed is, subject to subsection (7), excused from complying with the summons unless conduct money is given or tendered to the person at the time of service of the summons or a reasonable time before the return date. (7) It is not necessary to give or tender conduct money to a person to whom a witness summons is directed if the person will not reasonably incur any expenses in complying with the summons. (8) The Court may direct that a witness who has attended before the Court in answer to a witness summons is entitled to receive from the party who applied for the issue of the witness summons further conduct money for each day of attendance. (9) Nothing in this section- (a) affects Division 3A of Part III of the Evidence Act 1958 relating to books of account; or (b) derogates from the power of the Court to certify that a witness be paid his or her expenses of attending before the Court. Magistrates' Court Act 1989 - SECT 44 Production before date for attendance 44. Production before date for attendance (1) Unless the Court or the registrar issuing the summons otherwise directs, a summons to produce documents or things or a summons to give evidence and produce documents or things permits the person to whom the summons is directed, instead of producing the document or thing at the hearing, to produce it, together with a copy of the summons, to the appropriate registrar not later than 2 days before the first day on which production is required. (2) If a document or thing is produced to the appropriate registrar under subsection (1), he or she must- (a) if requested to do so, give a receipt to the person producing the document or thing; and (b) produce the document or thing as the Court directs. (3) The production of a document or thing to the appropriate registrar under subsection (1) in answer to a summons to give evidence and produce documents or things does not remove the requirement on the person to whom the summons is directed to attend for the purpose of giving evidence. Magistrates' Court Act 1989 - SECT 45 Attendance of witnesses on adjournment 45. Attendance of witnesses on adjournment A person whose attendance before the Court in a criminal proceeding has been required by witness summons must- (a) subject to section 43(6), attend at the time and place specified in the summons; and (b) if the proceeding is adjourned, attend at the time and place to which the proceeding has been adjourned, without the issue of a further summons- until excused by the Court. Magistrates' Court Act 1989 - SECT 46 Statement to be given to defendant 46. Statement to be given to defendant The Court must, if the defendant in a criminal proceeding is not represented by a legal practitioner, cause to be given to the defendant immediately after the close of the evidence for the prosecution, a statement in writing of the options referred to in section 398 of the Crimes Act 1958. Magistrates' Court Act 1989 - SECT 47 Alibi evidence 47. Alibi evidence (1) A defendant who is represented by a legal practitioner must not without leave of the Court- (a) give evidence personally; or (b) adduce evidence from a witness- in support of an alibi unless the defendant has given notice of alibi. (2) A notice under subsection (1) is given by serving on the informant or the person conducting the prosecution on the informant's behalf before the start of the examination of the first witness for the prosecution notice of the alibi with particulars- (a) as to time and place; and (b) of the name and last known address of any witness to the alibi. (3) If- (a) a defendant gives notice of alibi under subsection (1); and (b) the informant requests an adjournment- the Court must grant an adjournment for a period that appears to the Court to be necessary to enable investigation of the alibi unless it appears that to do so would prejudice the proper presentation of the defence. (4) If a person has been named or referred to as a proposed witness in any notice of alibi given under subsection (1)- (a) a person acting for the prosecution; or (b) a member of the police force- must not communicate with that person directly or indirectly with respect to the charge or any related matter before the conclusion of the proceeding unless the defendant's legal practitioner or, if the defendant is unrepresented, the defendant- (c) consents; and (d) is present during the communication. Penalty applying to this subsection: 10 penalty units. Magistrates' Court Act 1989 - SECT 48 Proceedings against corporations 48. Proceedings against corporations (1) In this section representative, in relation to a corporation, means a person duly appointed by the corporation to represent it for the purpose of doing any act or thing which this section authorises a representative to do. (2) For the purposes of this section- (a) a representative need not be appointed under the seal of the corporation; and (b) a statement in writing purporting to be signed by a managing director of a corporation or by any person (by whatever name called) having, or being one of the persons having, the management of the affairs of the corporation, to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this section is admissible in evidence and, in the absence of evidence to the contrary, is proof that the person has been so appointed. (3) The provisions of this Act relating to proceedings for offences apply to proceedings against corporations subject to the following- (a) if a corporation is charged with an indictable offence, a representative- (i) may consent to the charge being heard and determined summarily; and (ii) if expressly authorised to do so, may plead guilty on behalf of the corporation; (b) if- (i) a representative appears in a proceeding against a corporation for an offence; and (ii) a provision of this Act requires something to be done in the presence of the defendant, or to be said to the defendant- it is sufficient if that thing is done in the presence of the representative or said to the representative; (c) if a corporation and a natural person are charged jointly with an indictable offence which may be dealt with summarily, the Court must not try either of the defendants summarily unless both of them consent to a summary hearing; (d) if a corporation is ordered to be convicted of an offence punishable only by imprisonment, the corporation may be ordered to pay a fine. Magistrates' Court Act 1989 - SECT 49 Power to return defendant to youth justice centre 49. Power to return defendant to youth justice centre (1) Despite anything in the Bail Act 1977, if- (a) the defendant in a criminal proceeding is undergoing a sentence of detention in a youth justice centre; and (b) the Court adjourns the proceeding or commits the defendant to stand trial- the Court may, instead of remanding the defendant in custody- (c) direct that the defendant be returned to the custody of the Secretary to the Department of Human Services until the end of the sentence of detention or the resumption of the hearing or the commencement of the trial (whichever is the sooner); and (d) either- (i) grant the defendant bail on a special condition that bail is not to be entered until the end of the sentence of detention; or (ii) refuse bail and direct that the defendant be brought before the Court at a later date for it to consider the granting of bail. (2) For the purposes of this section the end of the sentence of detention means the time when the defendant is released from custody, whether on parole or otherwise. Magistrates' Court Act 1989 - SECT 50 Power to amend where there is a defect or error 50. Power to amend where there is a defect or error (1) On the hearing of a proceeding the Court must not allow an objection to a charge, summons or warrant on account of any defect or error in it in substance or in form or for any variance between it and the evidence presented in the proceeding but the Court may amend the charge, summons or warrant to correct the defect or error. (2) An order must not be set aside or quashed only because of a defect or error in form but the Court may amend the order to correct the defect or error. Magistrates' Court Act 1989 - SECT 50A Sentence indication 50A. Sentence indication (1) At any time during a proceeding for a summary offence or an indictable offence that may be heard and determined summarily, the Court may indicate that, if the defendant pleads guilty to the charge for the offence at that time, the Court would be likely to impose on the defendant- (a) a sentence of imprisonment that commences immediately; or (b) a sentence of a specified type. (2) If- (a) the Court gives a sentence indication under subsection (1); and (b) the defendant pleads guilty to the charge for the offence at the first available opportunity- the Court, when sentencing the defendant for the offence, must not impose a more severe type of sentence than the type of sentence indicated. (3) If- (a) the Court gives a sentence indication under subsection (1); and (b) the defendant does not plead guilty to the charge for the offence at the first available opportunity- the Court that hears and determines the charge must be constituted by a different magistrate, unless all the parties otherwise agree. Note Section 126 enables the Court to close a proceeding to the public. (4) A sentence indication does not bind the Court on any hearing before the Court constituted by a different magistrate. (5) A decision to give or not to give a sentence indication is final and conclusive. (6) An application for a sentence indication and the determination of the application are not admissible in evidence against the defendant in any proceeding. (7) This section does not affect any right to appeal against sentence. Subdivision 2-Summary offences Magistrates' Court Act 1989 - SECT 51 Procedure for summary offences 51. Procedure for summary offences The hearing and determination of summary offences must, subject to section 99, be conducted in accordance with Schedule 2. Magistrates' Court Act 1989 - SECT 52 Abettors in summary offences triable as principal offenders 52. Abettors in summary offences triable as principal offenders A person who aids, abets, counsels or procures the commission of a summary offence may be dealt with and punished as a principal offender either together with the principal offender or before or after the principal offender is charged with the principal offence. Subdivision 3-Indictable offences triable summarily Magistrates' Court Act 1989 - SECT 53 Indictable offences triable summarily 53. Indictable offences triable summarily (1) If a defendant is charged before the Court with any offence referred to in Schedule 4 or with any other indictable offence to which this subsection applies, the Court may hear and determine the charge summarily if- (a) the Court is of the opinion that the charge is appropriate to be determined summarily; and (b) the defendant consents to a summary hearing. (1A) In addition to the offences referred to in Schedule 4, subsection (1) applies to an indictable offence under an Act or subordinate instrument or an offence at common law if it is described by an Act or subordinate instrument as- (a) being level 5 or 6; or (b) being punishable by- (i) level 5 or 6 imprisonment or fine or both; or (ii) a term of imprisonment not exceeding 10 years or a fine not exceeding 1200 penalty units or both- unless the contrary intention appears in this or any other Act or in any subordinate instrument. (1B) If an offence is described as being punishable in more than one way or in one of two or more ways, subsection (1) does not apply to it if any one of those ways is not referred to in subsection (1A). (1C) Subsection (1) does not apply to an indictable offence by virtue of subsection (1A) if that offence is referred to in Schedule 4 but the reference to that offence in that Schedule is qualified by reference to a specified amount or value or a specified kind of property. (2) Subsection (1) applies even though the proceeding may have been commenced more than 12 months after the date on which the offence is alleged to have been committed. (3) In determining under subsection (1) whether a charge is appropriate to be determined summarily, the Court must have regard to- (a) the seriousness of the offence; (b) the adequacy of the available sentencing orders if the charge is heard and determined summarily considering (among other things) any previous findings of guilt or convictions of the defendant; (c) any decision of the Court as to how a charge of the same offence against a co-defendant is to be heard and determined; (d) any other relevant matter. (4) In having regard to the seriousness of an offence under subsection (3)(a), the Court must consider (among other things)- (a) the nature of the offence; (b) the manner in which the offence is alleged to have been committed including- (i) the apparent degree of organisation behind the commission of the offence; (ii) the presence of any aggravating circumstances; (iii) whether the offence forms part of a series of offences being alleged against the defendant; (c) the complexity of the proceeding for determining the charge. (5) To avoid doubt nothing in subsection (3) or (4) applies to a proceeding in the Children's Court. Magistrates' Court Act 1989 - SECT 54 Procedure for indictable offences triable summarily 54. Procedure for indictable offences triable summarily (1) The informant or the defendant may apply for a summary hearing under section 53(1). (2) Without any application under subsection (1), the Court may offer a summary hearing under section 53(1). (3) An application for, or an offer of, a summary hearing may be made- (a) before the hearing of any evidence; or (b) during or immediately after the hearing of evidence for the prosecution. (4) If an application for a summary hearing is made before the hearing of any evidence, the Court may seek from the prosecutor or, if the informant is appearing in person, the informant and he or she must give- (a) an outline of the evidence which will be presented for the prosecution; and (b) any other information which the Court considers relevant- for the purpose of enabling the Court to determine whether to grant a summary hearing. (5) Any statement made by the prosecutor or informant under subsection (4) is not admissible in evidence in any subsequent proceeding in respect of the charge. (6) If the Court grants a summary hearing, the hearing and determination of the charge must be conducted in accordance with Schedule 2. (7) Subject to subsection (8), if- (a) a committal proceeding commences; and (b) the Court subsequently grants a summary hearing- the Court may, with the consent of the defendant, admit as evidence in the summary hearing- (c) the oral evidence of any witness; and (d) the statement of any witness; and (e) any document or exhibit- given or tendered during the committal proceeding. (8) If evidence is admitted under subsection (7)- (a) the Court must, at the request of the informant or defendant, call or recall (as the case requires) any witness for examination or cross-examination; and (b) the proceeding must otherwise be conducted in the same manner as a proceeding for a summary offence. (9) If evidence of alibi is to be adduced in a summary hearing under section 53(1), section 47 applies in the same way as if the reference in section 47(2) to "before the start of the examination of the first witness for the prosecution" were a reference to "immediately following the grant of a summary hearing". (10) An order- (a) dismissing a charge for an indictable offence heard and determined summarily; or (b) convicting a person of an indictable offence heard and determined summarily- has the same effect as an acquittal or conviction on indictment or presentment for the offence. (11) The Court on hearing and determining an indictable offence summarily may make any order for or in relation to- (a) the restitution of property; or (b) compensation- which might have been made by a court before which the defendant could have been tried on indictment or presentment. Magistrates' Court Act 1989 - SECT 54A Non-appearance of corporate defendant 54A. Non-appearance of corporate defendant (1) If a defendant that is a body corporate does not appear in answer to a summons to answer to a charge for an offence to which section 53(1) applies, the Court may hear and determine the charge summarily in the defendant's absence if- (a) the Court is satisfied that the charge and the mention date in relation to it has been brought to the notice of the defendant; and (b) the Court is of the opinion that the charge is appropriate to be determined summarily- even though the defendant has not consented to a summary hearing. (2) If the Court proceeds to hear and determine a charge summarily in accordance with subsection (1) and finds the defendant guilty, the Court must cause written notice of any sentencing order made by it to be served on the defendant. Magistrates' Court Act 1989 - SECT 55 Option of verdict of attempt 55. Option of verdict of attempt In a summary hearing under section 53(1), if the Court finds the defendant not guilty of the offence charged, the Court may find the defendant guilty of having attempted to commit the offence charged. Subdivision 4-Committal proceedings Magistrates' Court Act 1989 - SECT 56 When and how a committal proceeding must be held 56. When and how a committal proceeding must be held (1) A committal proceeding must be held in all cases in which the defendant is charged with an indictable offence, except cases where- (a) pursuant to common law or section 353 of the Crimes Act 1958, the presentment is preferred by the Director of Public Prosecutions or a crown prosecutor without a committal proceeding having been conducted; or (b) the defendant elects to stand trial without a committal proceeding having been conducted; or (c) the charge is heard summarily. (2) A committal proceeding must be conducted in accordance with Schedule 5. (2A) If a defendant that is a body corporate does not appear in answer to a summons to answer to a charge for an indictable offence, the Court may conduct a committal proceeding in the defendant's absence if- (a) the Court is satisfied that the charge and the committal mention date in relation to it have been brought to the notice of the defendant; and (b) the Court is of the opinion that it is appropriate to do so. (3) An election under subsection (1)(b) may be made at any time after the service on the defendant of the hand-up brief referred to in clause 6 of Schedule 5 or the plea brief referred to in clause 5 of that Schedule. (4) An election is made by- (a) filing with the registrar of the Magistrates' Court at the venue of the Court at which the committal proceeding is to be held a notice in the prescribed form signed by the defendant; and (b) serving a copy of the notice on the informant. (5) If the defendant is in a prison, a police gaol or a youth justice centre, he or she may give the signed notice to the officer in charge of the prison, police gaol or youth justice centre and that officer must cause it to be filed in accordance with subsection (4) and a copy of it to be served on the informant. (6) As soon as practicable after a notice is filed with the registrar under this section, the Magistrates' Court must- (a) if the defendant is in custody, direct that he or she be brought before the Court; or (b) if the defendant is not in custody, direct that a summons to appear or warrant to arrest be issued. (7) On the appearance of the defendant before the Court, it must, if in its opinion the defendant understands the nature and consequence of the election, commit the defendant for trial and must- (a) remand the defendant in custody until trial or a date before trial fixed by the Court; or (b) grant bail until trial or a date before trial fixed by the Court. (8) If a defendant is committed for trial under subsection (7), Schedule 5 applies as if the defendant had been committed for trial at the conclusion of a committal proceeding conducted in accordance with that Schedule at which no witness was required to attend. (9) Nothing in this Act alters the nature of a committal proceeding from that existing immediately before the commencement of this section. Magistrates' Court Act 1989 - SECT 56A Compulsory examination procedure 56A. Compulsory examination procedure (1) The Court may, on the application of the informant at any time before the committal mention date (or after that date but before the commencement of the committal proceeding if the Court is satisfied that it is in the interests of justice to allow the making of the application after that date), if satisfied that it is in the interests of justice to do so, make an order requiring a person to attend before the Court on a date fixed by the Court for the purpose of being examined by or on behalf of the informant or producing a document or thing or both. (1A) An application under subsection (1)- (a) may only be made if a charge has been filed against the defendant in relation to the matter to which the proposed examination relates; and (b) may be made with or without notice to the defendant. (1B) In an application under subsection (1), the informant must advise the Court of the following information- (a) whether the person sought to be examined- (i) has been asked by the prosecution to make a statement; and (ii) has refused to do so; and (b) whether the informant is aware whether the person sought to be examined has obtained legal advice concerning the proposed examination; and (c) whether the person sought to be examined is or has been a suspect with respect to the matter to which the proposed examination relates; and (d) whether the person sought to be examined has been made aware of the application; and (e) any other information prescribed by the Rules. (1C) If the person sought to be examined in an application under subsection (1) is or has been a suspect with respect to the matter to which the proposed examination relates, the informant must give reasonable notice of the application to that person or a legal practitioner representing that person, whether or not any charge against that person has been filed or determined. (2) The defendant- (a) is not a party to an application under subsection (1); and (b) may not cross-examine a witness attending the Court under an order made under subsection (1); and (c) may not address the Court on an application under subsection (1); and (d) may attend a proceeding held under an order made under subsection (1) and, if the Court determines there are exceptional circumstances, may address the Court on the proceeding personally or through a legal practitioner representing him or her. (3) Notice in the form prescribed by the Rules of an order made under subsection (1) must be served on the defendant and on the person to whom it relates in accordance with the Rules. (4) Section 134(1) applies to a person ordered to attend the Court under subsection (1) as if the person had been summoned as a witness and had been given or tendered any conduct money required to be given or tendered and as if the order were a summons. (4A) A person ordered to attend the Court under subsection (1) may be represented on a proceeding held under the order by a legal practitioner and may address the Court on the proceeding personally or through a legal practitioner representing him or her. (5) The evidence of a witness under this section must be- (a) given by way of examination-in-chief and on oath; and (b) recorded in the same manner as evidence at a committal proceeding. (6) Nothing in this section excludes or limits the operation of any other law as to the competency or compellability of a witness to give evidence. (7) To avoid doubt, the Court may at any time set aside an order under subsection (1), whether on its own motion or on the application of the informant or the person sought to be examined. Magistrates' Court Act 1989 - SECT 56B Nothing in Act affects certain powers of DPP 56B. Nothing in Act affects certain powers of DPP Nothing in this Act affects the power of the Director of Public Prosecutions- (a) to make presentment of a person for an offence if, on a committal proceeding conducted in relation to a charge for that offence, the Court ordered the person to be discharged on the charge; or (b) to enter a nolle prosequi, or not to take within the period prescribed under section 353(2) of the Crimes Act 1958 any step mentioned in that section, in relation to a charge on which a person was committed for trial on a committal proceeding. Division 3-Warrants Subdivision 1-General Magistrates' Court Act 1989 - SECT 57 Warrants 57. Warrants (1) The following warrants may be issued- (a) warrant to arrest; (b) remand warrant; (c) search warrant; (d) warrant to seize property; (e) warrant to imprison; (f) warrant to detain in a youth justice centre; (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. (8) A warrant must be executed by the use of a copy of the warrant, known as the execution copy, or by the use of a copy of the execution copy, including a copy transmitted by facsimile machine. (9) The execution copy of a warrant must be in writing and must be signed or otherwise authenticated by the person issuing it. (10) An execution copy of a warrant must be returned, when executed, to the Court. Magistrates' Court Act 1989 - SECT 58 Recall and cancellation of warrant 58. Recall and cancellation of warrant (1) A warrant issued by a registrar, magistrate or bail justice may be recalled and cancelled by8- (a) that registrar, magistrate or bail justice; or (b) if issued by a registrar, the registrar for the time being at the venue of the Court at which it was issued or except in the case of a warrant issued under section 80 of the Infringements Act 2006, any other registrar; or (c) a magistrate. (1A) If a warrant has been recalled and cancelled under subsection (1), a fresh warrant may be issued for the same purpose as that for which the recalled warrant was issued. (2) A warrant to imprison or detain in a youth justice centre for non-payment of a fine (whether issued before or after the commencement of this section) or an infringement warrant is null and void if it has not been executed within the period of 5 years after a warrant of that type was first issued against the person named in the warrant for the purpose specified in the warrant9,10,11. (2A) If a warrant referred to in subsection (2) becomes null and void under that subsection, the fine in respect of which it was issued, together with any associated fees and costs, ceases to be enforceable or recoverable if no part of the fine had been paid before the date on which the warrant became null and void. (3) Nothing in subsection (2) or (2A) prevents the issue, with the leave of the Court, of a fresh warrant for the same purpose as that for which a warrant that has become null and void under subsection (2) was issued12. (4) Despite subsection (2), if under subsection (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. Magistrates' Court Act 1989 - SECT 59 Duplicate warrants 59. Duplicate warrants (1) If the execution copy of a warrant issued by a registrar, magistrate or bail justice is lost or destroyed before it is executed, a registrar or magistrate may issue a duplicate execution copy if satisfied by evidence on oath or by affidavit of the loss or destruction of the execution copy of the warrant. (2) A duplicate execution copy must bear on its face the word "Duplicate" and may be executed in all respects as if it were the execution copy of the warrant. (3) When a duplicate execution copy of a warrant is issued, the execution copy of the warrant becomes null and void and must, if located, be returned to the principal registrar. (4) If a person is in a prison, a police gaol or a youth justice centre in accordance with a warrant which has been executed and the execution copy of the warrant is lost or destroyed, a registrar or magistrate may issue a duplicate execution copy if satisfied by evidence on oath or by affidavit of the loss or destruction of the execution copy. (5) A duplicate execution copy issued under subsection (4) is sufficient authority for the person in whose legal custody the person is to keep the person in the prison, police gaol or youth justice centre until the end of the term specified in the warrant. Magistrates' Court Act 1989 - SECT 60 Effect of defect or error in certain warrants 60. Effect of defect or error in certain warrants (1) A warrant to imprison, a warrant to detain in a youth justice centre, a remand warrant, a warrant to seize property or a penalty enforcement warrant13 is not void only because of a defect or error in it if there is a valid order supporting it. (2) A person acting under a warrant to seize property or a penalty enforcement warrant14 is not to be taken to be a trespasser from the beginning only because of a defect or error in it. Subdivision 2-Warrant to arrest Magistrates' Court Act 1989 - SECT 61 Issue of warrant to arrest 61. Issue of warrant to arrest (1) A warrant to arrest in the first instance may be issued- (a) against a defendant at the time of filing a charge or at any time before the mention date; or (b) against a witness if the person issuing it is satisfied- (i) that it is probable that the witness will not answer a witness summons; or (ii) that the witness has absconded, is likely to abscond or is avoiding service of a witness summons that has been issued; or (c) as authorised by any other Act. (2) An application for a warrant to arrest in the first instance must be supported by evidence on oath or by affidavit. (3) An affidavit supporting an application for a warrant to arrest in the first instance may be a copy of an affidavit transmitted by facsimile machine. (4) A warrant to arrest in the first instance issued under subsection (1)(a) must include a copy of the charge against the defendant. (5) A warrant to arrest other than in the first instance may be issued- (a) when the defendant fails to appear before the Court in answer to a summons; or (b) when a person has been duly served with a witness summons and fails to attend before the Court in answer to the witness summons; or (c) when a defendant fails to attend before the Court in accordance with his or her bail; or (d) as authorised by this or any other Act. (6) A warrant to arrest other than in the first instance must include a statement of the reason for issuing the warrant. Magistrates' Court Act 1989 - SECT 62 Endorsing a warrant for bail 62. Endorsing a warrant for bail (1) The person issuing a warrant to arrest against any person may endorse the warrant with a direction that that person must on arrest be released on bail as specified in the endorsement. (2) An endorsement under subsection (1) must fix the amounts in which the principal and the sureties, if any, are to be bound and the amount of any money or the value of any security to be deposited. Magistrates' Court Act 1989 - SECT 63 Persons to whom warrant to arrest may be directed 63. Persons to whom warrant to arrest may be directed (1) A warrant to arrest may be directed to- (a) a named member of the police force; or (b) generally all members of the police force; or (c) any other person authorised by law to execute a warrant to arrest. (2) A warrant to arrest directed to a named member of the police force may be executed by any member of the police force. Magistrates' Court Act 1989 - SECT 64 Authority conferred by warrant to arrest 64. Authority conferred by warrant to arrest (1) A warrant to arrest authorises the person to whom it is directed- (a) to break, enter and search any place where the person named or described in the warrant is suspected to be; and (b) to arrest the person named or described in the warrant. (2) The person to whom a warrant to arrest is directed must cause the person named or described in the warrant when arrested- (a) to be brought before a bail justice or the Court within a reasonable time of being arrested to be dealt with according to law; or (b) to be released on bail in accordance with the endorsement on the warrant. (3) A person arrested on a warrant to arrest may be discharged from custody on bail under section 10 of the Bail Act 1977. (4) In determining what constitutes a reasonable time for the purposes of subsection (2)(a) the matters specified in section 464A(4) of the Crimes Act 1958 may be considered. Magistrates' Court Act 1989 - SECT 65 Arrest of person against whom warrant to arrest is issued 65. Arrest of person against whom warrant to arrest is issued (1) If a warrant to arrest a person who is a defendant to a charge has been issued, any member of the police force may arrest the person although the execution copy of the warrant is not at the time in the member's possession. (2) On the arrest of a person under subsection (1), the member of the police force must bring the person arrested before a bail justice or the Court within a reasonable time of being arrested and the bail justice or the Court may- (a) if a fresh charge is filed to the effect of the offence or matter alleged in the warrant- (i) permit the person to go at large; or (ii) admit the person to bail; or (iii) in the case of the Court, hear and determine the proceeding for the offence; or (b) if a fresh charge is not filed to the effect of the offence or matter alleged in the warrant- (i) permit the person to go at large; or (ii) admit the person to bail; or (iii) remand the person in custody for a reasonable time pending execution of the warrant. (3) If a person has been arrested under subsection (1) and has been remanded in custody pending execution of the warrant and the warrant is not executed within a reasonable time, the Court must discharge the person from custody. (4) If a warrant is executed by use of a copy other than the execution copy, the Court must- (a) if satisfied that the copy is a true copy of the execution copy- (i) proceed as if the person had been arrested on the execution copy; and (ii) order that the execution copy be returned to the principal registrar; or (b) if not so satisfied, discharge the person from custody. (5) If a warrant is not executed and a fresh charge for the offence alleged in the warrant is filed, the warrant is deemed to be void and of no effect and the Court must order its return to the principal registrar. (6) In determining what constitutes a reasonable time for the purposes of subsection (2) the matters specified in section 464A(4) of the Crimes Act 1958 may be considered. Magistrates' Court Act 1989 - SECT 66 Warrant to arrest following indictment or presentment 66. Warrant to arrest following indictment or presentment (1) If- (a) an indictment is laid or a presentment is preferred against a person who is at large; and (b) the person has not already appeared and pleaded to the indictment or presentment- the Prothonotary of the Supreme Court or the registrar of the County Court (as the case requires) must- (c) at any time after the indictment is laid or the presentment is preferred; and (d) on the application of the prosecutor or any other person on behalf of the prosecutor- grant to the prosecutor or person on his or her behalf a certificate of the indictment having been laid or presentment having been preferred. (2) If a certificate is granted under subsection (1), it may be produced to a magistrate or a judge of the Supreme Court or of the County Court who must issue a warrant to arrest the person against whom the indictment has been laid or the presentment has been preferred and to bring that person, when arrested, before the person who issued the warrant or any other magistrate or judge or the Court. Magistrates' Court Act 1989 - SECT 67 Person arrested to be committed for trial or bailed 67. Person arrested to be committed for trial or bailed (1) If a person is arrested on a warrant under section 66 and brought before a magistrate or judge or the Court, the magistrate or judge or the Court must, subject to subsection (2), on it being proved on oath that the person arrested is the same person who is charged and named in the indictment or presentment, order that the person be remanded in custody for trial or admit the person to bail for trial. (2) If the person against whom the indictment is laid or the presentment is preferred is, at the time of the application and production of the certificate referred to in section 66(1), imprisoned or detained in a youth justice centre in respect of an offence or matter other than that charged in the indictment or presentment, the magistrate or judge must, on it being proved on oath that the person against whom the indictment is laid or presentment is preferred is the same person as the person imprisoned or detained in the youth justice centre, issue a warrant in accordance with subsection (3). (3) A warrant issued under subsection (2) must- (a) be directed to the person in whose legal custody the person indicted or presented then is; and (b) direct that person to detain the person in custody until by writ of habeas corpus or other proper order the person is removed from the prison or youth justice centre for the purpose of trial or discharged by due course of law. Subdivision 3-Warrant to imprison Magistrates' Court Act 1989 - SECT 68 Issue of warrant to imprison 68. Issue of warrant to imprison A warrant to imprison may be issued if- (a) the Court orders that a person be sentenced to a term of imprisonment; or (b) the Court orders that a person be sentenced to a term of imprisonment in default of payment of a fine or of any instalment under an instalment order; or (c) authorised by any other Act. Magistrates' Court Act 1989 - SECT 69 Persons to whom warrant to imprison may be directed 69. Persons to whom warrant to imprison may be directed (1) A warrant to imprison may be directed to- (a) a named member of the police force; or (b) generally all members of the police force; or (ba) the sheriff; or (bb) generally all prison officers; or (c) any other person authorised by law to execute a warrant to imprison. (2) A warrant to imprison directed to a named member of the police force may be executed by any member of the police force. (3) A warrant to imprison directed to a named member of the police force or to generally all members of the police force may be executed by any prison officer. (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. (3B) A warrant issued in accordance with subsection (3A)- (a) directs and authorises the sheriff to do all things that he or she would have been directed and authorised to do if a warrant containing the particulars referred to in subsection (3A) and directed to the sheriff had been issued in paper form under section 68(b) by the magistrate or registrar; (b) must not be amended, altered or varied after its issue, unless the amendment, alteration or variation is authorised by or under this or any other Act. (4) Subsections (4) to (7) of section 111 apply to a warrant to imprison directed to the sheriff under this Subdivision in the same manner as they apply to a warrant to seize property directed to the sheriff in a civil proceeding. Magistrates' Court Act 1989 - SECT 70 Directions in, and authority of, warrant to imprison 70. Directions in, and authority of, warrant to imprison A warrant to imprison- (a) authorises the person to whom it is directed to break, enter and search any place where the person named in the warrant is suspected to be; and (b) directs and authorises the person to whom it is directed to take and safely convey the person named in the warrant- (i) to a prison; or (ii) if the warrant is issued under section 68(b), either to a prison or a police gaol; * * * * * and there to deliver the person to the officer in charge of the prison or police gaol; and (c) directs and authorises the Secretary to the Department of Justice or the Chief Commissioner of Police (as the case requires) or any other person into whose custody the person named in the warrant is transferred to receive that person into custody and safely keep that person- (i) for the period specified, or in the circumstances described, in the warrant; or (ii) until that person is otherwise removed or discharged from custody by due course of law. Magistrates' Court Act 1989 - SECT 71 Reduction of imprisonment by payment of portion of fine 71. Reduction of imprisonment by payment of portion of fine (1) If before the issue of a warrant to imprison for non-payment of a fine, it appears to the person issuing the warrant that part of the fine has been paid- (a) the reduction in the amount of the fine payable must be stated in the warrant to imprison; and (b) the term for which the person fined may be imprisoned must be reduced by the number of days bearing as nearly as possible the same proportion to the total number of days in the term as the amount paid bears to the whole amount of the fine. (2) Subsection (1) applies despite any provision (except section 26) of the Imprisonment of Fraudulent Debtors Act 1958 to the contrary. (3) If after the issue but before the execution of a warrant to imprison for non-payment of a fine, it appears to the Court that part of the fine has been paid, the Court must- (a) amend the warrant; and (b) recall the execution copy of the warrant and amend it- in accordance with subsection (1). (4) Despite any provision (except section 26) of the Imprisonment of Fraudulent Debtors Act 1958 to the contrary or anything in any warrant to imprison, if a person is imprisoned for non-payment of a fine- (a) the whole or any part of the fine may be paid by or on behalf of that person to the officer in charge of the prison or police gaol in which that person is detained; and (b) the officer in charge must receive the payment and forward it without delay to the principal registrar. (5) If- (a) the whole amount of the fine; or (b) the amount remaining to be paid- is paid to the officer in charge of the prison or police gaol by or on behalf of the person imprisoned, the person imprisoned must be discharged if he or she is in custody for no other matter. (6) If part of the fine is paid to the officer in charge of the prison or police gaol by or on behalf of the person imprisoned- (a) the term of imprisonment for non-payment of the fine must be reduced having regard to the formula set out in subsection (1)(b); and (b) the officer in charge must- (i) amend the execution copy of the warrant; and (ii) receive the payment and forward it without delay to the principal registrar; and (c) at the end of the reduced term, the person imprisoned must be discharged if he or she is in custody for no other matter. Magistrates' Court Act 1989 - SECT 72 Provisions extend to detention in youth justice centre 72. Provisions extend to detention in youth justice centre If a person is directed under Subdivision (4) of Division 2 of Part 3 of the Sentencing Act 1991 or under the Children, Youth and Families Act 2005 to be detained in a youth justice centre or a youth residential centre, the provisions of this Subdivision and of any regulations with respect to warrants to imprison extend and apply, with any necessary modifications, with respect to the issue and execution of a warrant to detain in a youth justice centre or a youth residential centre and with respect to any matter arising out of any such detention. Subdivision 4-Warrant to seize property Magistrates' Court Act 1989 - SECT 73 Warrant to seize property 73. Warrant to seize property (1) A warrant to seize property may be issued- (a) if the defendant in a criminal proceeding in the Court fails to comply with an order for the payment of a fine or of any instalment under an instalment order; or (b) as authorised by any other Act. (2) A warrant to seize property may be directed to- (a) a named member of the police force; or (b) generally all members of the police force; or (ba) the sheriff; or (c) any other person authorised by law to execute a warrant to seize property. (3) A warrant to seize property directed to a named member of the police force may be executed by any member of the police force. (3AA) A warrant to seize property under subsection (1)(a) or section 98(7)(b) to be directed to the sheriff (other than a warrant referred to in subsection (3A)) 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 subsection (1)(a) or section 98(7)(b) 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 date of issue of the warrant; (e) the name of the magistrate or registrar signing the document; (f) any other particulars that are prescribed. (3AB) A warrant issued in accordance with subsection (3AA)- (a) directs and authorises the sheriff to do all things that he or she would have been directed and authorised to do if a warrant containing the particulars referred to in subsection (3AA) and directed to the sheriff had been issued in paper form under subsection (1)(a) or section 98(7)(b) by the magistrate or registrar; (b) must not be amended, altered or varied after its issue, unless the amendment, alteration or variation is authorised by or under this or any other Act. * * * * * (4) Subsections (4) to (7) of section 111 apply to a warrant to seize property directed to the sheriff under this Subdivision in the same manner as they apply to a warrant to seize property directed to the sheriff in a civil proceeding. Magistrates' Court Act 1989 - SECT 74 Authority conferred by warrant to seize property 74. Authority conferred by warrant to seize property 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. Subdivision 5-Search warrants Magistrates' Court Act 1989 - SECT 75 Search warrants 75. Search warrants (1) A search warrant may be issued as authorised by any Act other than this Act. (2) An application for a search warrant must be supported by evidence on oath or by affidavit. (3) An affidavit supporting an application for a search warrant may be a copy of an affidavit transmitted by facsimile machine. Magistrates' Court Act 1989 - SECT 76 Persons to whom search warrant may be directed 76. Persons to whom search warrant may be directed (1) A search warrant may be directed to- (a) a named member of the police force; or (b) generally all members of the police force; or (c) any other person authorised by law to execute a search warrant. (2) A search warrant directed to a named member of the police force may be executed by any member of the police force. Magistrates' Court Act 1989 - SECT 77 Endorsing a warrant for bail 77. Endorsing a warrant for bail (1) The person issuing a search warrant may endorse the warrant with a direction that any person arrested must be released on bail as specified in the endorsement. (2) An endorsement under subsection (1) must fix the amounts in which the principal and the sureties, if any, are to be bound and the amount of any money or the value of any security to be deposited. Magistrates' Court Act 1989 - SECT 78 Authority conferred by search warrant 78. Authority conferred by search warrant (1) A search warrant authorises the person to whom it is directed- (a) if the warrant is to search for a person- (i) to break, enter and search any place where the person named or described in the warrant is suspected to be; and (ii) to arrest the person named or described in the warrant; and (b) if the warrant is to search for any thing- (i) to break, enter and search any place or vehicle named or described in the warrant for any article, thing or material of any kind named or described in the warrant; and (ii) to bring the article, thing or material before the Court so that the matter may be dealt with according to law; and (iii) to arrest any person apparently having possession, custody or control of the article, thing or material. (2) The person to whom a search warrant is directed must cause the person named or described in the warrant, or apparently having possession, custody or control of any article, thing or material named or described in the warrant, when arrested- (a) to be brought before a bail justice or the Court within a reasonable time of being arrested to be dealt with according to law; or (b) to be released on bail in accordance with the endorsement on the warrant. (3) A person arrested on a search warrant may be discharged from custody on bail under section 10 of the Bail Act 1977. (4) In determining what constitutes a reasonable time for the purposes of subsection (2)(a) the matters specified in section 464A(4) of the Crimes Act 1958 may be considered. (5) For the purposes of subsection (1)(b)(ii) an article, thing or material that is bulky or cumbersome may be brought before the Court by giving evidence on oath to the Court as to the present whereabouts of the article, thing or material and by producing a photograph of it. (6) The Court may direct that any article, thing or material seized under a search warrant be returned to its owner, subject to any condition that the Court thinks fit, if in the opinion of the Court it can be returned consistently with the interests of justice. (7) In this section- vehicle includes motor vehicle, aircraft and vessel. Subdivision 6-Remand warrants Magistrates' Court Act 1989 - SECT 79 Remand warrants 79. Remand warrants (1) A remand warrant may be issued- (a) if a defendant who has been charged with an offence has been arrested under a warrant or otherwise and- (i) is refused bail; or (ii) has been granted bail but is unable to meet any bail condition imposed; or (b) if a witness is arrested under a warrant and the Court orders that the witness be remanded in custody until the giving of the evidence; or (c) if the Court orders a defendant to be remanded in custody during the adjournment of any criminal proceeding; or (d) if a defendant has been committed to stand trial and- (i) is refused bail; or (ii) has been granted bail but is unable to meet any bail condition imposed; or (iii) is returned to the custody of the Secretary to the Department of Human Services under section 49(1)(c); or (e) as authorised by any other Act. (2) If a defendant 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. Magistrates' Court Act 1989 - SECT 80 Persons to whom remand warrant may be directed 80. Persons to whom remand warrant may be directed (1) A remand warrant may be directed to- (a) a named member of the police force; or (b) generally all members of the police force; or (ba) generally all prison officers; or (c) any other person authorised by law to execute a remand warrant. (2) A remand warrant directed to a named member of the police force may be executed by any member of the police force. (3) A remand warrant directed to a named member of the police force or to generally all members of the police force may be executed by any prison officer. Magistrates' Court Act 1989 - SECT 81 Directions in, and authority of, remand warrant 81. Directions in, and authority of, remand warrant A remand warrant- (a) directs and authorises the person to whom it is directed to take and safely convey the person named in the warrant- (i) to a prison; or (ii) to a police gaol; or (iii) if the Court has given a direction under section 49(1)(c), to a youth justice centre- and there to deliver the person to the officer in charge of the prison or police gaol or into the custody of the Secretary to the Department of Human Services (as the case requires); and (b) directs and authorises the Secretary to the Department of Justice or the Chief Commissioner of Police or the Secretary to the Department of Human Services (as the case requires) or any other person into whose custody the person named in the warrant is transferred to receive that person into custody and safely keep that person- (i) for the period specified, or in the circumstances described, in the warrant; or (ii) until that person is otherwise removed or discharged from custody by due course by law. Magistrates' Court Act 1989 - SECT 82 Remand of more than 8 clear days 82. Remand of more than 8 clear days (1) The Court must not remand a defendant in custody for a period of more than 8 clear days unless both the defendant and the informant consent. (2) If a defendant15- (a) has been granted bail; and (b) has consented to an adjournment of the proceeding for a period of more than 8 clear days; and (c) has not yet been released on bail- the remand warrant must direct the Secretary to the Department of Justice or the Chief Commissioner of Police or the Secretary to the Department of Human Services (as the case requires) or any other person into whose custody the defendant is transferred to bring the defendant at the end of 8 clear days (unless in the meantime he or she is released on bail) before the venue of the Court prescribed for the purposes of this section or, if the defendant consents to appear before the Court by audio visual link within the meaning of Part IIA of the Evidence Act 1958, to another place specified in the warrant where facilities exist to enable the defendant to so appear. * * * * * Subdivision 8-Special powers of the sheriff in executing warrants * * * * * * * * * * Magistrates' Court Act 1989 - SECT 82I Power to assist police at road checks 82I. Power to assist police at road checks (1) This section applies if a member of the police force exercising a power conferred (whether directly or by implication) by the Road Safety Act 1986 requests or signals the driver of a motor vehicle to stop the vehicle. (2) Once the vehicle has stopped, the member of the police force or any person who is a bailiff for the purposes of the Supreme Court Act 1986 (other than a bailiff who is a sheriff's officer) may direct the driver of the vehicle- (a) to keep the vehicle stationary; (b) to drive the vehicle to a designated spot; (c) to produce his or her driver licence document or permit document; (d) to comply with any other reasonable direction- to enable a determination of whether the driver, or any person accompanying the driver, is named in any warrant. Note See section 30 of the Sheriff Act 2009 for the power of the sheriff, and by delegation, sheriff's officers, at police road checks. (3) A person who is given a direction under subsection (2) must comply with the direction unless he or she has a reasonable excuse for not doing so. Penalty: 5 penalty units. Division 4-Appeals Subdivision 1-Appeals to County Court Magistrates' Court Act 1989 - SECT 83 Appeal to County Court16 83. Appeal to County Court16 (1) A person may appeal to the County Court against any sentencing order made against that person by the Court in a criminal proceeding conducted in accordance with Schedule 2. (2) If a person appeals under Subdivision 3 to the Supreme Court on a question of law, that person is deemed to have abandoned finally and conclusively any right under this or any other Act to appeal to the County Court. Magistrates' Court Act 1989 - SECT 84 Appeal by DPP against sentence for offence punishable summarily 84. Appeal by DPP against sentence for offence punishable summarily (1) The Director of Public Prosecutions may appeal to the County Court against any sentencing order made by the Court in a criminal proceeding conducted in accordance with Schedule 2 if satisfied that an appeal should be brought in the public interest. (2) The Director of Public Prosecutions must not bring a further appeal against a sentencing order made by the County Court. Magistrates' Court Act 1989 - SECT 85 Appeal operates as re-hearing 85. Appeal operates as re-hearing An appeal under section 83 or 84 must be conducted as a re-hearing and the appellant is not bound by the plea entered in the Magistrates' Court. Magistrates' Court Act 1989 - SECT 86 Powers of County Court on appeal 86. Powers of County Court on appeal (1) On the hearing of an appeal under section 83 or 84, the County Court- (a) must set aside the order of the Magistrates' Court; and (b) may make any order which the County Court thinks just and which the Magistrates' Court made or could have made; and (c) may exercise any power which the Magistrates' Court exercised or could have exercised. (1AA) Despite any rule of law or practice to the contrary, the County Court is not required, on the hearing of an appeal under section 83, to warn the appellant before making a sentencing order of the possibility of a sentencing order being made, or of its intention to make a sentencing order, that is more severe than that made by the Magistrates' Court. (1A) The County Court may backdate an order made under subsection (1) to a date not earlier than the date of the order of the Magistrates' Court that was set aside on the appeal17. (2) An order made under subsection (1) is for all purposes to be regarded as an order of the County Court, except for the purposes of section 74 of the County Court Act 1958. (3) If an appellant- * * * * * (b) abandons the appeal in accordance with clause 6 of Schedule 6- the County Court must strike out the appeal. (3A) If an appellant fails to appear at the time listed for the hearing of the appeal, the County Court may- (a) proceed to hear and determine the appeal in the appellant's absence without prejudice, if the appellant has been released on bail under clause 4 of Schedule 6, to any right of action arising out of the breach of the bail undertaking; or (b) strike out the appeal; or (c) adjourn the proceeding on any terms that it thinks fit. (3B) If the County Court proceeds under subsection (3A)(a) to hear and determine an appeal in the appellant's absence, it may do so on the basis of- (a) any statement, or exhibit or document referred to in a statement, a copy of which was served on the appellant in a brief of evidence in accordance with section 37; or (b) evidence on oath given by or on behalf of the respondent. (3C) The County Court may rule as inadmissible the whole or any part of a statement or of any exhibit or document referred to in a statement. (4) If an appeal is struck out under subsection (3) or (3A)(b), the order of the Magistrates' Court may be enforced as if an appeal had not been made but, for the purposes of the enforcement of any penalty, time is deemed not to have run during the period of any stay. * * * * * Magistrates' Court Act 1989 - SECT 88 Procedure on appeal 88. Procedure on appeal Appeals under sections 83 and 84 must be conducted in accordance with Schedule 6. Magistrates' Court Act 1989 - SECT 88AA Costs powers of County Court on appeal 88AA. Costs powers of County Court on appeal (1) If an appeal under section 83 is struck out or dismissed, the County Court may order the appellant to pay all or a specified portion of the respondent's costs of the appeal if satisfied that the appeal was brought vexatiously or frivolously or in abuse of process. (2) Nothing in subsection (1) limits any discretion as to costs of an appeal conferred on the County Court by any other provision of this Act or the County Court Act 1958. Magistrates' Court Act 1989 - SECT 88A Regulations may prescribe costs of appeal 88A. Regulations may prescribe costs of appeal The Governor in Council may make regulations for or with respect to prescribing by scale or otherwise the costs of and incidental to proceedings in the County Court on an appeal under section 83 or 84. Magistrates' Court Act 1989 - SECT 89 Appellant's failure to appear 89. Appellant's failure to appear (1) The County Court may, at any time, set aside an order striking out an appeal because of the failure of the appellant to appear, if the appellant satisfies the Court that the failure to appear was not due to fault or neglect on the part of the appellant. (2) An application under subsection (1) to set aside an order may be made at any time on notice in writing to the respondent served a reasonable time before the making of the application. (3) Notice under subsection (2) must be served in the same way as a notice of appeal. (4) If the County Court grants an application under subsection (1), the Court- (a) must order the reinstatement of the appeal subject to the payment of any costs that the Court thinks fit; and (b) may require the appellant to give a further undertaking to prosecute the appeal. Magistrates' Court Act 1989 - SECT 89A Re-hearing where County Court hears appeal in appellant's absence 89A. Re-hearing where County Court hears appeal in appellant's absence (1) If the County Court hears and determines an appeal under section 86(3A)(a) in the appellant's absence, the appellant may, within 30 days after being notified in writing of the determination of the appeal, apply to the County Court for an order that any order made under section 86(1) be set aside and that the appeal be re-heard. (2) An appellant may apply under subsection (1) after the end of the period of 30 days referred to in that subsection with the leave of the County Court granted on an application by the appellant under this subsection. (3) The County Court may only grant leave on an application under subsection (2) if- (a) it is of the opinion that the failure to apply under subsection (1) within the period referred to in that subsection was due to exceptional circumstances; and (b) it is satisfied that the respondent's case would not be materially prejudiced because of the delay. (4) An application under subsection (1) must- (a) state why the appellant did not appear at the hearing of the appeal; and (b) be filed with the registrar of the County Court and a copy of it served on the respondent in the same way as a notice of appeal. (5) If the County Court grants an application under subsection (1)- (a) it must set aside any order made under section 86(1) and order the reinstatement of- (i) the order of the Magistrates' Court; and (ii) the appeal- subject to the payment of any costs that it thinks fit; and (b) it may require the appellant to give a further undertaking to prosecute the appeal; and (c) clause 3 of Schedule 6 applies to the sentencing order appealed against as if the granting of the application were the filing of the notice of appeal. (6) The County Court may only grant an application under subsection (1) if satisfied that the failure to appear was not due to fault or neglect on the part of the appellant. Magistrates' Court Act 1989 - SECT 90 Appeal to County Court authorised by other Acts 90. Appeal to County Court authorised by other Acts If a person is authorised by or under another Act to appeal from an order of the Magistrates' Court to the County Court, the provisions of this Act with respect to appeals to the County Court apply. Subdivision 2-Appeals to Court of Appeal from County Court Magistrates' Court Act 1989 - SECT 91 Right of appeal if County Court substitutes imprisonment for other penalty18 91. Right of appeal if County Court substitutes imprisonment for other penalty18 (1) In this section imprisonment includes detention in a youth justice centre or youth residential centre but does not include imprisonment in default of payment of a fine. (2) If- (a) under section 86(1) the County Court orders that the appellant be sentenced to a term of imprisonment; and (b) the Magistrates' Court in the proceeding that is the subject of the appeal had not ordered that the appellant be imprisoned- the person sentenced to be imprisoned may, with the leave of the Court of Appeal, appeal to the Court of Appeal against the sentence. (3) Part VI of the Crimes Act 1958 with respect to admission to bail pending determination of an appeal applies to any person sentenced as described in subsection (2) and who seeks leave to appeal under that subsection as if the person were convicted on indictment. (4) If a person intends to apply under this section for leave to appeal to the Court of Appeal, the person must serve notice in writing of the intention to do so on- (a) the Registrar of Criminal Appeals; and (b) the informant; and (c) the Director of Public Prosecutions- within 30 days after the sentence is imposed by the County Court. (5) On an appeal under this section the Court of Appeal must- (a) if it thinks that a different order should have been made- (i) set aside the order of the County Court; and (ii) make any other order (whether more or less severe) which it thinks ought to have been made; or (b) in any other case, dismiss the appeal. Subdivision 3-Appeal to Supreme Court on a question of law Magistrates' Court Act 1989 - SECT 92 Appeal to Supreme Court on a question of law 92. Appeal to Supreme Court on a question of law (1) A party to a criminal proceeding (other than a committal proceeding) in the Court may appeal to the Supreme Court on a question of law, from a final order of the Court in that proceeding. (2) If an informant who is a member of the police force wishes to appeal under subsection (1), the appeal must be brought by the Director of Public Prosecutions on behalf of the informant. (3) An appeal under subsection (1)- (a) must be instituted not later than 30 days after the day on which the order complained of was made; and (b) does not operate as a stay of any order made by the Court unless the Supreme Court so orders. (4) Subject to subsection (3), an appeal under subsection (1) must be brought in accordance with the rules of the Supreme Court. (5) An appeal instituted after the end of the period referred to in subsection (3)(a) is deemed to be an application for leave to appeal under subsection (1). (6) The Supreme Court may grant leave under subsection (5) and the appellant may proceed with the appeal if the Supreme Court- (a) is of the opinion that the failure to institute the appeal within the period referred to in subsection (3)(a) was due to exceptional circumstances; and (b) is satisfied that the case of any other party to the appeal would not be materially prejudiced because of the delay. (7) After hearing and determining the appeal, the Supreme Court may make such order as it thinks appropriate, including an order remitting the case for re-hearing to the Court with or without any direction in law. (8) An order made by the Supreme Court on an appeal under subsection (1), other than an order remitting the case for re-hearing to the Court, may be enforced as an order of the Supreme Court. (9) The Supreme Court may provide for a stay of the order or for admitting any person to bail as it thinks fit. Subdivision 4-Appeal to Court of Appeal under section 567A(1A) of Crimes Act 1958 Magistrates' Court Act 1989 - SECT 92A Appeals under section 567A(1A) of Crimes Act 1958 92A. Appeals under section 567A(1A) of Crimes Act 1958 Nothing in this Division affects any right of the Director of Public Prosecutions under section 567A(1A) of the Crimes Act 1958 to appeal to the Court of Appeal against the sentence passed on a person convicted of an indictable offence heard and determined summarily by the Court under section 53(1) of this Act. Division 5-Re-hearing Magistrates' Court Act 1989 - SECT 93 Application for re-hearing 93. Application for re-hearing (1) If a sentencing order is made by the Court in a criminal proceeding against a person who did not appear in the proceeding, that person, or the informant on that person's behalf, may apply to the Court for an order that the sentencing order be set aside and that the proceeding be re-heard. (2) On an application under this section, the Court may set aside the order subject to any terms and conditions that it thinks just and re-hear the proceeding. (3) On the lodging of a notice under section 94, the order (other than an order for the cancellation, suspension or variation of the driver licence of the person against whom the sentencing order was made) is stayed until- (a) the application for re-hearing has been heard; and (b) if a re-hearing is granted, the charge has been re-heard. (4) If the driver licence of the person against whom the sentencing order was made has been cancelled, suspended or varied by order of the Court, the applicant may, on or after the lodging of a notice under section 94, apply for a stay of the order pending the decision of the re-hearing. (5) An application under subsection (4), if not made by the informant on behalf of the person whose driver licence has been cancelled, suspended or varied, must be made on notice in writing to the informant served a reasonable time before the making of the application. (6) 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. Magistrates' Court Act 1989 - SECT 94 Notice of intention to apply for re-hearing 94. Notice of intention to apply for re-hearing (1) A notice of intention to apply for a re-hearing must- (a) state why the person against whom the sentencing order was made did not appear at the hearing; and (b) be lodged with the registrar at the venue of the Court at which the sentencing order was made. (2) Unless the application for a re-hearing is made by the informant on behalf of the person against whom the sentencing order was made, the applicant must serve a copy of the notice on the respondent in accordance with section 34(1) as though the notice were a summons to answer to a charge and the respondent were the defendant. (3) If the application for a re-hearing is made by the informant on behalf of the person against whom the sentencing order was made, the informant must serve a copy of the notice on that person in accordance with section 34(1) as though the notice were a summons to answer to a charge and that person were the defendant. Magistrates' Court Act 1989 - SECT 95 Automatic re-hearing in certain cases 95. Automatic re-hearing in certain cases On an application under section 93, if- (a) the charge-sheet was served by post; and (b) the Court is satisfied that the charge-sheet was not brought to the notice of the applicant prior to the hearing- the Court must set aside the order and re-hear the charge. * * * * * Division 6-Enforcement Subdivision 1-Ordinary enforcement provisions Magistrates' Court Act 1989 - SECT 97 Imprisonment in default of payment of fine 97. Imprisonment in default of payment of fine (1) If the Court makes an order in a proceeding imposing a fine and the person fined is not present when the order is made- (a) the principal registrar must cause to be sent by post to the person fined, at the address appearing on the charge-sheet or any later address notified to the Court by that person, a notice advising of the order imposing the fine; and (b) the fine is payable- (i) within 21 days after the posting to that person of a notice under paragraph (a); or (ii) within such longer period as is ordered by the Court under section 54 of the Sentencing Act 1991. * * * * * (3) If in any proceeding the Court orders a corporation to pay a fine then, despite anything in this or any other Act, that order may be enforced by a warrant to seize property. Magistrates' Court Act 1989 - SECT 98 Enforcement of fines against corporations 98. Enforcement of fines against corporations (1) In this section- director, in relation to a body corporate, includes any person occupying the position of director of the body corporate (by whatever name called) and includes a person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act; reciprocating court means a court of a reciprocating State or Territory declared by proclamation under this section to be a reciprocating court; reciprocating State or Territory means another State or a Territory of the Commonwealth that is declared by proclamation under this section to be a reciprocating State or Territory. (2) The Governor in Council may, subject to subsection (3), declare another State or a Territory of the Commonwealth to be a reciprocating State or Territory for the purposes of the enforcement against a body corporate in Victoria of a fine payable under an order of a court having summary jurisdiction in the other State or in the Territory. (3) A State or Territory the subject of a proclamation under subsection (2) must have laws providing for enforcement against a body corporate in that State or Territory of a fine payable under an order of the Magistrates' Court or other court having summary jurisdiction in Victoria. (4) The Governor in Council may by proclamation declare a court having summary jurisdiction in a reciprocating State or Territory to be a reciprocating court for the purposes of the enforcement against a body corporate in Victoria of a fine payable under a conviction or order of that court. (5) For the purposes of subsection (4) a court may be declared singly or in conjunction with another or others by such description or class or by means of any reference that the Governor in Council thinks fit. (6) If, under an order of a reciprocating court made in the exercise of its summary jurisdiction- (a) a fine is payable by a body corporate having or appearing to have property in Victoria; and (b) a registrar of the Magistrates' Court at a venue at or near to a place where the body corporate has or appears to have property, receives a request in writing from a registrar or other corresponding officer of the reciprocating court for the enforcement of the order accompanied by- (i) a certified copy of the order; and (ii) a certificate signed by the registrar or corresponding officer making the request certifying the amount of the fine outstanding under the order- the registrar must register the order in the Magistrates' Court by filing in the Court a certified copy of the order and must note the date of registration on the copy. (7) On the registration of an order under subsection (6)- (a) the order is deemed to be an order of the Magistrates' Court requiring payment by the body corporate of the amount of the fine referred to in the certificate under subsection (6) as outstanding; and (b) the registrar may issue a warrant to seize property of the body corporate for the purpose of recovering the amount of the fine; and (c) the warrant issued under paragraph (b) is deemed to be a warrant to seize property issued under this Act and the provisions of this Act, with any necessary modifications, apply and extend to the enforcement of that warrant. (8) If the registrar receives, after the request for the enforcement of the order, a notification from the registrar or other corresponding officer of the reciprocating court of payment by or on behalf of the body corporate of the whole or part of the outstanding fine, the registrar must- (a) note the particulars of the payment on the certified copy of the order filed in the Court; and (b) arrange for the return of the warrant issued under subsection (7)(b), if it is unexecuted; and (c) if the fine- (i) has been paid in full, withdraw the warrant; or (ii) has not been paid in full, amend the warrant to show the amount still outstanding, and the warrant may be enforced in respect of the altered amount. (9) The registrar of the Magistrates' Court must remit to the registrar or other corresponding officer of the reciprocating court which made the order any sum of money received in satisfaction of the whole or part of a fine payable under an order enforced under subsection (7). (10) Any sum of money paid to or received by a registrar of the Magistrates' Court from a reciprocating court in satisfaction of the whole or part of a fine payable under an order of the Magistrates' Court enforced by the reciprocating court must be paid to or received by and applied by the registrar as if the sum had been paid to the registrar by the body corporate by which the fine was payable. Subdivision 2-Procedure for enforcement of infringement penalties under the Infringements Act 2006 Magistrates' Court Act 1989 - SECT 99 Infringement offence enforcement procedure under the Infringements Act 2006 99. Infringement offence enforcement procedure under the Infringements Act 2006 The procedure set out in the Infringements Act 2006 may be used instead of commencing a proceeding against a person for an offence- (a) for which an infringement notice within the meaning of that Act could be issued or served in respect of an offence under an Act or other instrument which establishes the offence; and (b) which is a lodgeable infringement offence within the meaning of the Infringements Act 2006. Magistrates' Court Act 1989 - SECT 99A Certain agencies may give information for enforcement purposes 99A. Certain agencies may give information for enforcement purposes (1) In this section, specified agency means a person or body- (a) that holds information that may be of use in the enforcement of court orders and fines; and (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. (2) Words and expressions used in this section have the same meanings as in section 124A. (3) The infringements registrar, the sheriff and any contractor or sub-contractor supporting the functions of the Infringements Court 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. (4) On the written request of the infringements registrar, the sheriff or any contractor or sub-contractor supporting the functions of the Infringements Court 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. __________________ Magistrates' Court Act 1989 - PART 5 PART 5 CIVIL PROCEEDINGS Division 1-Jurisdiction Magistrates' Court Act 1989 - SECT 100 Extent of jurisdiction19 100. Extent of jurisdiction19 (1) The Court has jurisdiction, subject to subsection (2)- (a) to hear and determine any cause of action for damages or a debt or a liquidated demand if the amount claimed is within the jurisdictional limit; and (b) to hear and determine any claim for equitable relief if the value of the relief sought is within the jurisdictional limit; and (c) to hear and determine, with the consent in writing of the parties- (i) any cause of action for damages or a debt or a liquidated demand, irrespective of the amount claimed; and (ii) any claim for equitable relief, irrespective of the value of the relief sought; and (d) to hear and determine any other cause of action if the Court is given jurisdiction to do so by or under any Act other than this Act. (2) The Court does not have jurisdiction in any cause of action- (a) in which the effect of, or the validity or invalidity of, any act, matter or thing done or omitted to be done by any person or body whatsoever in the exercise or purported exercise of any power or duty conferred or imposed on that person or body or purportedly conferred or imposed on that person or body by or under- (i) any royal prerogative; or (ii) any statute- is sought to be determined or declared; or (b) in the nature of a proceeding for a prerogative writ; or (c) brought on a judgment of the Supreme Court or the County Court. (3) For the purpose of determining in a proceeding involving property whether the amount claimed or the value of the relief sought is within the jurisdictional limit, a certificate which purports to have been issued by a valuer and which purports to state the value of the property as at a particular date is admissible in evidence and, in the absence of evidence to the contrary, is proof of the value of the property as at that date. (4) The Court does not cease to have jurisdiction in respect of a cause of action because- (a) part of the cause of action arose outside Victoria-if a material part of it arose in Victoria; or (b) the whole cause of action arose outside Victoria-if the defendant resided within Victoria at the time of being served with the complaint. (5) A minor may bring a proceeding in the Court for the recovery of money payable to the minor under a contract of service or a contract for services as if the minor were of full age. (6) A party to a civil proceeding (including an arbitration) may appear- (a) personally; or (b) by a legal practitioner or other person empowered by law to appear for the party; or (c) in the case of a cause of action for a debt or a liquidated demand, by a person in the exclusive employment of the party who is authorised in writing to appear for the party. (7) Every judgment debt carries interest at the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 from the time the order was made. (8) Payment of the interest may be enforced by a warrant to seize property. (9) The amount of the interest must be stated in the body of the warrant. Magistrates' Court Act 1989 - SECT 101 Proceedings beyond jurisdiction 101. Proceedings beyond jurisdiction (1) If a civil proceeding is wholly or partly beyond the jurisdiction of the Court, the Court may- (a) amend the complaint for the purpose of bringing the proceeding within jurisdiction; or (b) order that the proceeding be stayed pending the making of an application under Part 3 of the Courts (Case Transfer) Act 1991; or (c) order that the complaint be struck out and award costs as if the Court had jurisdiction and the complaint were dismissed. (2) If- (a) under subsection (1)(b) the Court orders that a proceeding be stayed pending the making of an application under Part 3 of the Courts (Case Transfer) Act 1991; and (b) within a reasonable time after the making of that order the proceeding has not been transferred to another court- the Court may exercise the power conferred by subsection (1)(c). Division 1A-Administration of children's funds Magistrates' Court Act 1989 - SECT 101A Court orders relating to administration of children's funds 101A. Court orders relating to administration of children's funds (1) If in any civil proceedings before the Court it is adjudged or ordered that money be paid to a child (whether or not that child is a party to a cause or matter) the money- (a) is to be paid into court; and (b) unless the Court otherwise orders, is to be paid out to an administrator specified by the Court. (2) If any money, not being money to which subsection (3) applies- (a) is paid into court- (i) before the commencement of this section; or (ii) after the commencement of this section in accordance with a judgment or order entered or made before the commencement of this section; and (b) the money is being held in court on behalf of a child- the Court may by order direct that the money be paid out to an administrator specified in the order. (3) If the Court adjudges or orders that property (whether real or personal) be delivered up or transferred to a child (whether or not that child is a party to a cause or matter), the Court- (a) may order that the property be delivered up or transferred to an administrator specified in the order; and (b) may give any directions for the service of the order on the administrator as it thinks fit. (4) If an order under subsection (3) is served on State Trustees within the meaning of the State Trustees (State Owned Company) Act 1994, State Trustees must accept delivery or transfer of the property to which the order relates and the acceptance of the property is a sufficient discharge to the person delivering or transferring the property. (5) A copy of any order made under this section must be given by the administrator to the Tribunal within the meaning of the Guardianship and Administration Act 1986 and the Public Advocate appointed under that Act. (6) An order of the Court under this section that money be paid out to an administrator has effect as if it were an administration order under the Guardianship and Administration Act 1986 and, subject to the order of the Court, the administrator has all the powers and duties of an administrator referred to in Divisions 3 and 3A of Part 5 of that Act. Division 1B-Transfer and payment of money to the Supreme Court for person under disability Magistrates' Court Act 1989 - SECT 101B Money held in court for person under disability 101B. Money held in court for person under disability (1) In this section, person under disability means- (a) a minor; or (b) a person who is incapable by reason of injury, disease, senility, illness or physical or mental infirmity of managing his or her affairs in relation to the proceeding. (2) Unless the Court orders otherwise, money held in Court on behalf of a person under disability immediately before the commencement of section 6 of the Courts Legislation (Funds in Court) Act 2004 must be paid into the Supreme Court by payment to the Senior Master of the Supreme Court to be held in that Court on behalf of the person under disability. (3) Unless the Court orders otherwise, in any proceeding in the Court in which it is adjudged or ordered that money be paid for a person under disability, that money must be paid into the Supreme Court (in full compliance with the judgment or order of the Court) by payment to the Senior Master of the Supreme Court to be held in that Court on behalf of the person under disability. (4) Money paid to the Senior Master under subsection (2) or (3) is to be held by the Senior Master as if an order had been made in a proceeding in the Supreme Court that the money be paid into court to be held on behalf of the person under disability and as if that money had been paid into court in accordance with that order. (5) The Senior Master has the same powers with respect to loss occasioned by delay as the Senior Master would have if an order referred to in subsection (4) had been made. Note Rule 79.06 of the Supreme Court (General Civil Procedure) Rules 1996 provides the Senior Master with powers with respect to loss occasioned by delay. (6) Nothing in this section affects the operation of section 101A of this Act or section 66 of the Guardianship and Administration Act 1986. Division 2-Arbitration Magistrates' Court Act 1989 - SECT 102 Arbitration for small claims 102. Arbitration for small claims (1) The Court must refer a complaint under which the amount of monetary relief sought is less than $10 000 to arbitration in accordance with this Division. (2) Subsection (1) does not apply if- (a) the complaint is of a class prescribed by the regulations as a complaint to which this Division does not apply; or (b) the Court, in accordance with subsection (3), orders that the complaint be heard and determined by the Court and not referred to arbitration. (3) The Court may, on the application of a party or without any such application, order that a complaint be heard and determined by the Court and not referred to arbitration in accordance with this Division if it is satisfied that- (a) the complaint is not disputed; or (b) the complaint relates to the enforcement of an order which has not been set aside; or (c) the complaint involves complex questions of law or fact; or (d) a question of fraud is in issue; or (e) the parties agree that the complaint should not be referred to arbitration; or (f) it would be unreasonable for the complaint to be referred to arbitration having regard to its subject-matter, the circumstances of the parties or the interests of any other person likely to be affected by an award under this Division. (4) If arbitration of a complaint is commenced and the Court is satisfied, on the application of a party or without any such application, that the complaint ought to be determined by the Court and not referred to arbitration in accordance with this Division, the Court may, at any time before an award is made in the arbitration- (a) order that the complaint be determined by the Court; and (b) make such order as to the costs of the arbitration as it thinks fit; and (c) give such directions as it thinks necessary about the hearing of the complaint by the Court. Magistrates' Court Act 1989 - SECT 103 Conduct of arbitration 103. Conduct of arbitration (1) An arbitration under this Division is to be conducted by the Court constituted by a magistrate or, if the Rules so provide, by a registrar. (2) In conducting an arbitration, the Court- (a) is not bound by rules of evidence but may inform itself on any matter in such manner as it thinks fit; and (b) is bound by the rules of natural justice; and (c) is not required to conduct any proceedings in a formal manner; and (d) may exercise any powers that the Court may exercise in hearing and determining a complaint. (3) Evidence in an arbitration- (a) may be given orally or in writing; and (b) if the Court so requires, must be given on oath or by affidavit. (4) The Court must determine according to law any question that arises for determination in an arbitration. (5) If the Court is satisfied that a party to an arbitration does not have a knowledge of the English language that is sufficient to enable the party to understand, or participate in, the arbitration, the Court may allow a competent interpreter to interpret the arbitration. Magistrates' Court Act 1989 - SECT 104 Award 104. Award (1) An award of the Court in an arbitration under this Division must be in writing. (2) If the Court includes in an award a statement of the reasons for making the award, only the terms of the award and not the reasons must be in writing. (3) An award of the Court in an arbitration under this Division has effect as if it were an order made by 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. Magistrates' Court Act 1989 - SECT 105 Costs 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. Magistrates' Court Act 1989 - SECT 106 Commercial Arbitration Act not to apply 106. Commercial Arbitration Act not to apply The Commercial Arbitration Act 1984 does not apply to an arbitration under this Division. Division 3-Pre-hearing conferences Magistrates' Court Act 1989 - SECT 107 Pre-hearing conferences 107. Pre-hearing conferences (1) A magistrate or a registrar may refer a civil proceeding or part of a civil proceeding for a pre-hearing conference in accordance with the Rules. (2) A magistrate or registrar must conduct the pre-hearing conference in accordance with the Rules and may- (a) if the proceeding or any part of the proceeding is not settled between the parties, refer it back to the Court; or (b) at the request of the parties, refer the proceeding or any part of the proceeding back to the Court for arbitration under Division 2; or (c) if the proceeding or any part of the proceeding is settled between the parties, refer it back to the Court for the making of an order. Division 3A-Mediation20 Magistrates' Court Act 1989 - SECT 108 Power to refer proceedings to mediation 108. Power to refer proceedings to mediation (1) Subject to and in accordance with the Rules, the Court may, with or without the consent of the parties, refer the whole or any part of a civil proceeding to mediation. (2) Unless all the parties who attend the mediation otherwise agree in writing, no evidence shall be admitted at the hearing of the proceeding of anything said or done by any person at the mediation. (3) Subsection (2) does not apply to mediation by judicial resolution conference. Note See section 108B. Magistrates' Court Act 1989 - SECT 108A Protection of mediators 108A. Protection of mediators A mediator to whom a civil proceeding or any part of a civil proceeding has been referred has, in the performance of his or her duties in connection with the reference, the same protection and immunity as a Judge of the Supreme Court has in the performance of his or her duties as a Judge. Division 3B-Judicial resolution conferences Magistrates' Court Act 1989 - SECT 108B Judicial resolution conferences 108B. Judicial resolution conferences (1) If, in any civil proceeding, the Court orders or directs that a judicial resolution conference be conducted, no evidence shall be admitted at the hearing of any civil proceeding of anything said or done by any person in the course of the conduct of the judicial resolution conference unless the Court otherwise orders, having regard to the interests of justice and fairness. (2) Without limiting section 16 of the Evidence Act 2008, a magistrate is not compellable to give evidence in any proceeding, whether civil or criminal, of anything said or done or arising from the conduct of the judicial resolution conference. Magistrates' Court Act 1989 - SECT 108C Protection of conduct of judicial resolution conference 108C. Protection of conduct of judicial resolution conference Without limiting any other law, whether written or unwritten, a magistrate performing duties in connection with any judicial resolution conference has the same protection and immunity as a Judge of the Supreme Court has in the performance of his or her duties as a Judge. Division 4-Appeals and re-hearings * * * * * Magistrates' Court Act 1989 - SECT 109 Appeal to Supreme Court from final order made in civil proceeding 109. Appeal to Supreme Court from final order made in civil proceeding (1) A party to a civil proceeding in the Court may appeal to the Supreme Court, on a question of law, from a final order of the Court in that proceeding. (2) An appeal under subsection (1)- (a) must be instituted not later than 30 days after the day on which the order complained of was made; and (b) does not operate as a stay of any order made by the Court unless the Supreme Court so orders. (3) Subject to subsection (2), an appeal under subsection (1) must be brought in accordance with the rules of the Supreme Court. (4) An appeal instituted after the end of the period referred to in subsection (2)(a) is deemed to be an application for leave to appeal under subsection (1). (5) The Supreme Court may grant leave under subsection (4) and the appellant may proceed with the appeal if the Supreme Court- (a) is of the opinion that the failure to institute the appeal within the period referred to in subsection (2)(a) was due to exceptional circumstances; and (b) is satisfied that the case of any other party to the appeal would not be materially prejudiced because of the delay. (6) After hearing and determining the appeal, the Supreme Court may make such order as it thinks appropriate, including an order remitting the case for re-hearing to the Court with or without any direction in law. (7) An order made by the Supreme Court on an appeal under subsection (1), other than an order remitting the case for re-hearing to the Court, may be enforced as an order of the Supreme Court. Magistrates' Court Act 1989 - SECT 110 Re-hearing 110. Re-hearing (1) If a final order is made by the Court in a civil proceeding against a person who did not appear in the proceeding, that person may, subject to and in accordance with the Rules, apply to the Court for an order that the order be set aside and that the proceeding be re-heard. (2) On an application under this section, the Court may set aside the order subject to any terms and conditions that it thinks just and re-hear the proceeding. (3) Subject to subsection (4), an application under this section does not operate as a stay of the order unless the Court so orders. (4) An application under this section with respect to an order for the payment of money operates as a stay of so much of the order as relates to the payment of money. (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 Magistrates' Court Act 1989 - SECT 111 Enforcement of orders 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 (b) a named member of the police force; or (c) generally all members of the police force. (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. (4) A warrant to seize property directed to the sheriff may, if the sheriff so directs, be executed by- (a) a named person who is a bailiff for the purposes of the Supreme Court Act 1986; or (b) generally all persons who are bailiffs for the purposes of the Supreme Court Act 1986; or (c) a named member of the police force; or (d) generally all members of the police force. (5) A direction may be given by the sheriff under subsection (4) by- (a) endorsing the execution copy of the warrant with the direction; or (b) issuing a warrant to the same effect as the warrant to seize property but directed in accordance with subsection (4). (6) A warrant endorsed or issued by the sheriff in accordance with subsection (5) directs and authorises the person to whom it is directed to do all things that he or she would have been directed and authorised to do by the original warrant if it had been directed to him or her. (7) A warrant to seize property directed to a named bailiff or member of the police force may be executed by any bailiff or member of the police force, as the case requires. (7A) The person executing a warrant to seize property may serve on- (a) the person against whom the warrant is issued and whose personal property is seized under the warrant; or (b) a person who is in possession of any personal property of the person against whom the warrant is issued that is seized under the warrant- a notice in the form prescribed by the Rules informing the person served with the notice that he or she is responsible for the safe-keeping of the personal property seized under the warrant that is described in the notice and also informing him or her of the provisions of subsection (7B). (7B) A person who knows that the property has been seized under a warrant to seize property or is the subject of a notice served under subsection (7A) must not, except with the written consent of the person executing the warrant to seize property- (a) interfere with or dispose of that property; or (b) deface or remove any mark attached to that property indicating that it had been so seized; or (c) remove that property from the place at which it was situated when the notice was served. Penalty applying to this subsection: 25 penalty units or 6 months imprisonment or both. (7C) Nothing in subsection (7B) affects the powers of the Court or of the Supreme Court in relation to contempt. (8) The following orders may, subject to and in accordance with the Rules, be enforced by a warrant of delivery: (a) An order for the delivery of goods; (b) An order for the delivery of goods or the payment of their assessed value. (9) An order for the payment of the assessed value of goods may be enforced by the same means as any other order for the payment of money. (9A) A person to whom an attachment of earnings order is directed must not fail to comply with the order. Penalty: 60 penalty units or 6 months imprisonment or both. (9B) It is a defence to a charge under subsection (9A) for the person charged to prove that he, she or it took all reasonable steps to comply with the order. (9C) Nothing in subsection (9A) affects the powers of the Court or of the Supreme Court in relation to contempt of court. (10) A person must not dismiss an employee or injure an employee in the employee's employment or alter an employee's position to the prejudice of the employee because an attachment of earnings order has been made in relation to the employee or the employee is required to make payments under an attachment of earnings order. Penalty: 5 penalty units. (11) The Court may order a person convicted of an offence under subsection (10) to reimburse the employee any lost wages and to cause the employee to be reinstated in the employee's former position or in a similar position. (12) An amount ordered to be reimbursed under subsection (11) may be recovered from the convicted person in the same manner as the penalty to which that person is liable under subsection (10) and may be included in the same warrant. (13) An attachment of earnings order may apply to earnings falling to be paid- (a) by the Crown; or (b) by a statutory authority representing the Crown; or (c) out of the Consolidated Fund. (14) Nothing in this section takes away from the power of the Court to make, or from the right of a person to apply for, an instalment order under the Judgment Debt Recovery Act 1984. Magistrates' Court Act 1989 - SECT 112 Certificate for Supreme Court 112. Certificate for Supreme Court (1) If- (a) an order is made by the Court in a civil proceeding for the payment of money; and (b) a warrant to seize property has been returned unsatisfied in whole or in part- a registrar must, on the application of the person entitled to enforce the order, give that person a certificate of the order and of the amount remaining unpaid under the order and record the fact of the giving of the certificate in the register of the Court. (2) A person who is given a certificate under subsection (1) may file the certificate in the Supreme Court and, on the filing of the certificate, judgment is deemed to have been entered in the Supreme Court for the sum mentioned in the certificate as being unpaid together with all fees paid for obtaining and filing the certificate and the prescribed amount for costs. (3) After the issue of a certificate under subsection (1) no further proceedings (other than proceedings under the Judgment Debt Recovery Act 1984) must be taken in the Magistrates' Court but, on the filing of the certificate in the Supreme Court, the judgment deemed to have been entered may be enforced by the same means as any other judgment entered in the Supreme Court, including enforcement under the Foreign Judgments Act 1962. Magistrates' Court Act 1989 - SECT 113 Application of Imprisonment of Fraudulent Debtors Act 113. Application of Imprisonment of Fraudulent Debtors Act Part III of the Imprisonment of Fraudulent Debtors Act 1958 extends and applies with respect to orders for the payment of money made by the Court in a civil proceeding. Magistrates' Court Act 1989 - SECT 114 Enforcement by executors and administrators 114. Enforcement by executors and administrators If an order is made by the Court in a civil proceeding and the person entitled to enforce the order dies, the executor or administrator of that person may enforce the order to the same extent and by the like means and in the same circumstances as that person might have done if still living. __________________ Magistrates' Court Act 1989 - PART 6 PART 6 JUSTICES Division 1-Justices of the peace Magistrates' Court Act 1989 - SECT 115 Office of justice of the peace 115. Office of justice of the peace (1) There continues to be an office of justice of the peace. (2) The Governor in Council may appoint as many justices of the peace as are necessary to perform the functions of justices of the peace in the State. * * * * * (4) Every person who is appointed as a justice of the peace must, before acting as a justice of the peace, take an oath of office in the prescribed form and manner. (5) The office of justice of the peace is held by the following persons- (a) every person who before the commencement of this section was appointed as a justice of the peace and who at that commencement- (i) held the office of justice of the peace; and (ii) had not attained the age of 72 years; and (iii) was not bankrupt or had his or her property subject to control under the law relating to bankruptcy; (b) every person who immediately before the commencement of this section held the office of justice of the peace by virtue of holding, or having held, another office; (c) every person who is appointed as a justice of the peace under subsection (2). (6) A justice of the peace is entitled to use the title "Justice of the Peace" or "JP". (7) A person referred to in subsection (5)(a) or (c) ceases to hold the office of justice of the peace if he or she- * * * * * (b) has his or her appointment revoked by the Governor in Council under section 116; or (c) becomes bankrupt or his or her property becomes subject to control under the law relating to bankruptcy. (8) A person referred to in subsection (5)(b) ceases to hold the office of justice of the peace if- (a) subject to subsection (9), he or she ceases to hold the office by virtue of holding which he or she holds the office of justice of the peace; or (b) in the case of a person who holds the office of justice of the peace by virtue of having held the office of chairman of a municipality, more than 12 months have passed since he or she ceased to hold that office of chairman. (9) A person who immediately before the commencement of this section held the office of justice of the peace by virtue of holding the office of chairman of a municipality continues to hold the office of justice of the peace for the period of 12 months immediately after he or she ceases to hold the office of chairman of the municipality. (10) A person who holds the office of justice of the peace may resign from office by delivering to the Governor in Council a signed letter of resignation. (11) A justice of the peace who changes his or her address must within one month after the change notify the Secretary in writing of the change. Magistrates' Court Act 1989 - SECT 116 Governor in Council may revoke appointment of justices or prohibit certain justices from acting 116. Governor in Council may revoke appointment of justices or prohibit certain justices from acting The Governor in Council may by Order published in the Government Gazette- (a) revoke the appointment of any person as a justice of the peace; or (b) prohibit any person who is a justice of the peace by virtue of holding, or having held, another office from acting as a justice of the peace- and from the day on which the Order is published the person shall cease to be a justice of the peace or shall be incapable of acting as a justice of the peace, as the case requires. Magistrates' Court Act 1989 - SECT 117 Authority of justices of the peace 117. Authority of justices of the peace (1) A justice of the peace may exercise any power conferred on a justice of the peace by or under any Act. (2) A magistrate may exercise any power conferred on a justice of the peace by or under any Act. (3) Any power conferred on a justice of the peace at common law is only exercisable by a magistrate. Magistrates' Court Act 1989 - SECT 118 Offence to pretend to be a justice of the peace 118. Offence to pretend to be a justice of the peace Any person who is not a justice of the peace or who is aware that he or she has been prohibited from acting as a justice of the peace is guilty of an indictable offence and liable to imprisonment for a term of not more than two years if he or she- (a) pretends to be, or to be capable of acting as, a justice of the peace; or (b) extorts, demands, takes or accepts from any person any fee, gratuity or reward under the pretence of being a justice of the peace or of being capable of acting as a justice of the peace. Magistrates' Court Act 1989 - SECT 119 Protection of justices of the peace 119. Protection of justices of the peace A justice of the peace has, in the performance of his or her duties as a justice of the peace, the same protection and immunity as a Judge of the Supreme Court has in the performance of his or her duties as a Judge. Division 2-Bail justices Magistrates' Court Act 1989 - SECT 120 Appointment of bail justices 120. Appointment of bail justices (1) The Attorney-General may appoint as many bail justices as are necessary to perform the functions of bail justices under the Bail Act 1977 and the Children, Youth and Families Act 2005. (2) A person who has attained the age of 65 years is not eligible to be appointed as a bail justice. (3) Every person who is appointed as a bail justice must, before acting as a bail justice, take an oath of office in the prescribed form and manner. (4) A person who is appointed as a bail justice may resign from office by delivering to the Attorney-General a signed letter of resignation. (5) A judge of the Supreme Court, judge of the County Court or magistrate may exercise any power conferred on a bail justice by or under any Act. Magistrates' Court Act 1989 - SECT 121 Certain office-holders to be bail justices 121. Certain office-holders to be bail justices (1) In this section prescribed office means a position in the public service with a classification that is prescribed as a classification to which this section applies. (2) A person who holds a prescribed office is, by virtue of holding that office, a bail justice without the need for any appointment under this Act. (3) A person who is a bail justice by virtue of holding a prescribed office- (a) must, before acting as a bail justice, take an oath of office in the prescribed form and manner; and (b) is, while acting as a bail justice, entitled to be paid such remuneration and allowances as are from time to time fixed by the Governor in Council. Magistrates' Court Act 1989 - SECT 121A Validation of certain acts 121A. Validation of certain acts If, before the commencement of section 25 of the Criminal Justice Legislation (Miscellaneous Amendments) Act 2002, a person holding a prescribed office under section 121 performed any act or made any decision under this or any other Act in purported exercise of a power to act as a bail justice appointed under section 120, the act or decision is not invalid only by reason of the lack of appointment of the person as a bail justice under section 120 of the Magistrates' Court Act 1989. Magistrates' Court Act 1989 - SECT 122 Suspension or removal from office 122. Suspension or removal from office (1) The Governor in Council may suspend a bail justice from office and cause notice of the suspension to be served on him or her. (2) A bail justice must not be suspended from office unless the Supreme Court, on the application of the Attorney-General without notice to any person, has determined that- (a) there are reasonable grounds to suspect that the bail justice is guilty of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; or (b) the bail justice is mentally or physically incapable of carrying out satisfactorily the duties of his or her office; or (c) the bail justice is incompetent or guilty of neglect of duty; or (d) the bail justice is guilty of unlawful or improper conduct in the performance of the duties of his or her office. (3) If a bail justice is suspended from office the Attorney-General must, as soon as is practicable, apply to the Supreme Court for a determination as to whether proper cause exists for removing the bail justice from office. (4) If the Supreme Court determines, on an application under subsection (3), that the ground or grounds on which the bail justice was suspended from office have been established, the Governor in Council may remove the bail justice from office. Magistrates' Court Act 1989 - SECT 123 Vacation of office 123. Vacation of office A person ceases to hold office as a bail justice if he or she- (a) attains the age of 70 years; or (b) is, in accordance with section 122, removed from office by the Governor in Council; or (c) being a bail justice by virtue of holding a prescribed office within the meaning of section 121, ceases to hold that prescribed office. Magistrates' Court Act 1989 - SECT 124 Protection of bail justices 124. Protection of bail justices A bail justice has, in the performance of his or her duties as a bail justice, the same protection and immunity as a magistrate has in the performance of his or her duties as a magistrate. _______________ Magistrates' Court Act 1989 - PART 6A PART 6A ADMINISTRATIVE SERVICES AGREEMENTS Division 1-Definitions Magistrates' Court Act 1989 - SECT 124A Definitions 124A. Definitions In this Part- contractor means a party to an agreement with the Ministers under section 124B(1); Ministers means the Attorney-General and the Minister administering Part I of the Police Regulation Act 1958; * * * * * sub-contractor means a sub-contractor of a contractor or of a sub-contractor. Division 2-Agreements Magistrates' Court Act 1989 - SECT 124B Ministers may enter into administrative services agreements 124B. Ministers may enter into administrative services agreements (1) The Attorney-General and the Minister administering Part I of the Police Regulation Act 1958 may, for and on behalf of the Crown, jointly enter into an agreement with a person or body for the provision by that person or body of services of an administrative nature in support of the functions of- (a) the Infringements Court; or (b) the sheriff; or (c) the police force of Victoria as carried on in the office known as the Traffic Camera Office immediately before an agreement under this subsection was first entered into in relation to that office; or (d) the police force of Victoria as carried on in the office known as the Fixed Penalties Payment Office immediately before an agreement under this subsection was first entered into in relation to that office; or (e) the police force of Victoria under Part 4 of the Melbourne City Link Act 1995 that are of a similar nature to the functions of the police force of Victoria referred to in paragraph (c) or (d). (2) Nothing in this section limits, or takes away, any other power of the Attorney-General or the Minister administering Part I of the Police Regulation Act 1958, 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. Magistrates' Court Act 1989 - SECT 124C Subject matter of agreement 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 operations under the agreement and to any document or equipment on those premises that is in the possession of the contractor and that relates to, or is used in connection with, the contractor's operations under the agreement; (g) must provide for the submission to the Ministers of periodic reports, or the periodic carrying out of a performance audit, in relation to the contractor's operations under the agreement; (h) must provide for the protection of information gained by the contractor in connection with the contractor's operations under the agreement and impose restrictions on access to the information and on its disclosure and use; (i) may provide for the extent of indemnities and warranties by parties to the agreement; (j) may specify liabilities, risks and insurances; (k) may provide for the provision by the contractor of a performance bond; (l) must provide for the office the holder of which is to be the principal officer for the purposes of the application of the Ombudsman Act 1973 to the contractor as a provider of services under the agreement; (m) must provide for the Ministers or any of them, the Crown or any other person or body to take over, or nominate any other person or body to take over, in specified circumstances rights or obligations under the agreement or any other agreement or under any transaction; (n) may contain any other provisions that are not inconsistent with this Part, the regulations, the Infringements Act 2006 or any regulations under that Act. Magistrates' Court Act 1989 - SECT 124D Rights of access 124D. Rights of access (1) A contractor or sub-contractor must give any of the Ministers, the Secretary to the Department of Justice and any person authorised by any such Minister or the Secretary free and unfettered access at all times, together with any assistants and equipment that they consider necessary- (a) to any premises occupied by the contractor or sub-contractor in connection with the contractor's operations under the agreement; and (b) to all persons engaged or employed by the contractor or a sub-contractor in connection with the contractor's operations under the agreement; and (c) to all documents or equipment in the possession of the contractor or sub-contractor that relate to, or are used in connection with, the contractor's operations under the agreement- for the purpose of ensuring compliance with this Part or the regulations or an agreement under section 124B(1). Penalty: 50 penalty units. (2) A contractor or sub-contractor must give an administrator appointed under section 124E free and unfettered access at all times, together with any assistants and equipment that the administrator considers necessary- (a) to any premises occupied by the contractor or sub-contractor in connection with the contractor's operations under the agreement; and (b) to all persons engaged or employed by the contractor or a sub-contractor in connection with the contractor's operations under the agreement; and (c) to all documents or equipment in the possession of the contractor or sub-contractor that relate to, or are used in connection with, the contractor's operations under the agreement- for the purpose of enabling the administrator to carry out his or her functions and exercise his or her powers under that section. Penalty: 50 penalty units. (3) Nothing in this section limits, or takes away, any function or power conferred on a person (including a person on whom a function or power is conferred by this section but not including a contractor or sub-contractor), whether under this or any other Act or otherwise including an agreement under section 124B(1). Magistrates' Court Act 1989 - SECT 124E Right of intervention in management 124E. Right of intervention in management (1) The Ministers may intervene in the management of the contractor's operations under an agreement under section 124B(1) if they determine that- (a) a default has occurred that entitles the Crown to terminate the agreement; or (b) an emergency situation exists that requires such intervention in the interests of public safety; or (c) the contractor's operations under the agreement are preventing or impairing the efficient- (i) detection of infringements; or (ii) processing of infringement notices; or (iii) enforcement of penalties, fines or warrants; or (iv) functioning of any court. (2) If the Ministers intervene in the management of the contractor's operations under an agreement, they may appoint an administrator to manage those operations until they determine that- (a) the emergency is over; or (b) the contractor is able to manage the contractor's operations under the agreement to the satisfaction of the Ministers. (3) If an administrator is appointed under subsection (2), then for the period of that appointment- (a) the contractor or a sub-contractor must act in relation to the management of the contractor's operations under the agreement in accordance with the directions of the administrator; or (b) the contractor or a sub-contractor must, as directed by the administrator, cease to act in relation to the management of the contractor's operations under the agreement completely or to the extent specified in the direction. Penalty: 50 penalty units. (4) A person engaged or employed by the contractor or a sub-contractor to act in relation to the management of the contractor's operations under an agreement must comply with the directions of the administrator in doing so. Penalty: 50 penalty units. (5) An administrator appointed under subsection (2) has and may carry out or exercise for the period of the appointment all of the functions or powers of the contractor or any sub-contractor in relation to the management of the contractor's operations under the agreement. (6) The Secretary to the Department of Justice must provide the administrator with any assistance necessary to the carrying out of his or her functions or exercise of his or her powers under this section. (7) Nothing in this section limits, or takes away, any function or power conferred on a person (including a person on whom a function or power is conferred by this section but not including a contractor or sub-contractor), whether under this or any other Act or otherwise including an agreement under section 124B(1). Magistrates' Court Act 1989 - SECT 124F Audit rights 124F. Audit rights (1) The Ministers may at any time during the term, or the 7 year period immediately following the expiration, of an agreement under section 124B(1) or any renewal of such an agreement, appoint a person as an independent auditor to audit the documents of the contractor that relate to the contractor's operations under the agreement. (2) A contractor or sub-contractor must- (a) make all documents in its actual possession relating to the contractor's operations under the agreement available to an independent auditor appointed under subsection (1) at the time and place specified by that auditor; and (b) provide an independent auditor appointed under subsection (1) with any assistance necessary to enable the audit to be undertaken. Penalty: 50 penalty units. Magistrates' Court Act 1989 - SECT 124G Status of documents 124G. Status of documents (1) For the purposes of the Freedom of Information Act 1982- (a) any document in existence immediately before an agreement under section 124B(1) was entered into and handed over to the contractor in accordance with the agreement remains; and (b) any document created or received by the contractor or a sub-contractor after an agreement under section 124B(1) was entered into as a result of the contractor's operations under the agreement is- in the possession of the Department of Justice and that Act applies to that document to the same extent to which it would if the agreement had never been entered into. (2) All proprietary rights and interests in any document referred to in subsection (1) remain with, or on the creation or receipt of the document by the contractor or sub-contractor become vested in, the Crown. (3) All documents referred to in subsection (1) are public records within the meaning of the Public Records Act 1973. Magistrates' Court Act 1989 - SECT 124H Investigation of administrative actions 124H. Investigation of administrative actions (1) Subject to subsection (2), the Ombudsman Act 1973 applies to a contractor or a sub-contractor in its capacity as a provider of services under an agreement under section 124B(1) or a sub-contract agreement as if- (a) the contractor or sub-contractor were a public statutory body within the meaning of that Act; and (b) the holder of the office specified in the agreement under section 124B(1) or in the sub-contract agreement for the purposes of the application of the Ombudsman Act 1973 were the principal officer of that public statutory body; and (c) the persons employed by the contractor or sub-contractor in connection with the contractor's operations under the agreement were employees of that public statutory body. (2) Nothing in this section applies the Ombudsman Act 1973 to a contractor or sub-contractor- (a) in any capacity other than that mentioned in subsection (1); or (b) with respect to any period during which services were not actually being provided by the contractor or sub-contractor under an agreement under section 124B(1) or a sub-contract agreement. Magistrates' Court Act 1989 - SECT 124I Unauthorised access to or interference with data 124I. Unauthorised access to or interference with data (1) A person must not intentionally and without lawful authority- (a) obtain access, or attempt to obtain access, to any data stored in a computer that is under the control of a contractor or sub-contractor and that relates to the contractor's operations under an agreement under section 124B(1) or was gained in the course of those operations; or (b) alter or delete, or attempt to alter or delete, any such data or enter, or attempt to enter, data into the database in which any such data is contained; or (c) interfere, or attempt to interfere, in any other way with a database containing any such data. Penalty: 100 penalty units. (2) The Secretary to the Department of Justice may, by writing, authorise a person engaged or employed by a contractor or sub-contractor or any other person to do, in relation to all data referred to in subsection (1) or any such data of a specified class, anything that, but for that authorisation, the person would be prohibited from doing by subsection (1). (3) For the purposes of subsection (1) a person must be taken as having lawful authority to do a thing referred to in that subsection if- (a) in the case of a person engaged or employed by a contractor or sub-contractor or any other person, he or she is authorised to do that thing under subsection (2); and (b) in the case of a person who is- (i) the principal registrar of the Magistrates' Court or a registrar or deputy registrar at the Infringements Court; or (ii) the sheriff, a deputy sheriff or any person who is a bailiff for the purposes of the Supreme Court Act 1986; or (iii) a member of the police force of Victoria- he or she does that thing in the exercise of official powers or the discharge of official functions or duties. Magistrates' Court Act 1989 - SECT 124J Confidentiality $$T 124J. Confidentiality (1) A person who is, or has at any time been- (a) a contractor; or (b) a sub-contractor; or (c) a person employed by, or engaged to provide services for, a contractor or sub-contractor; or (d) authorised by the Secretary to the Department of Justice under section 124I(2)- is bound by this section. (2) A person bound by this section must not directly or indirectly, except in the exercise of powers or performance of functions in connection with a contractor's operations under an agreement under section 124B(1)- (a) make a record of, or divulge to any person any information acquired by reason of being a person referred to in subsection (1); or (b) make use of any such information for a purpose other than in the exercise of those powers or performance of those functions. Penalty: 100 penalty units. (3) Nothing in subsection (2) prevents a person bound by this section from- (a) producing a document to a court in the course of any criminal or civil proceedings; or (b) divulging to a court any information that has come to the notice of the person by reason of being a person referred to in subsection (1). (4) In this section- court includes any tribunal, authority or person having power to require the production of documents or the answering of questions; produce includes permit access to. __________________ Magistrates' Court Act 1989 - PART 7 PART 7 MISCELLANEOUS Magistrates' Court Act 1989 - SECT 125 Business to be conducted in open court 125. Business to be conducted in open court (1) All proceedings in the Court are to be conducted in open court, except where otherwise provided by this or any other Act or the Rules. (2) The person constituting the Court and legal practitioners appearing before the Court must not robe. Magistrates' Court Act 1989 - SECT 126 Power to close proceedings to the public 126. Power to close proceedings to the public (1) The Court may make an order under this section if in its opinion it is necessary to do so in order not to- (a) endanger the national or international security of Australia; or (b) prejudice the administration of justice; or (c) endanger the physical safety of any person; or (d) cause undue distress or embarrassment to the complainant in a proceeding that relates to a charge for a sexual offence21; or (e) cause undue distress or embarrassment to a witness under examination in a proceeding that relates to a charge for an offence where the conduct constituting the offence consists wholly or partly of taking part, or attempting to take part, in an act of sexual penetration as defined in section 35 of the Crimes Act 195822. (2) The Court may in the circumstances mentioned in subsection (1)- (a) order that the whole or any part of a proceeding be heard in closed court; or (b) order that only persons or classes of persons specified by it may be present during the whole or any part of a proceeding; or (c) make an order prohibiting the publication of a report of the whole or any part of a proceeding or of any information derived from a proceeding; or (d) make an order prohibiting the publication of any specified material, or any material of a specified kind, relevant to a proceeding that is pending in the Court. (3) If an order has been made under this section, the Court must cause a copy of it to be posted on a door of, or in another conspicuous place at, the place at which the Court is being held. (4) A person must not contravene an order made and posted under this section. Penalty applying to this subsection: 1000 penalty units or imprisonment for 3 months. (5) The Court must specify a period (not exceeding 7 days) for which an order made under subsection (2)(d) is to remain in force and the order shall remain in force for that period unless it is sooner set aside by the Court. (6) The Court may set aside or vary an order made under subsection (2)(d) on an application made by any person, whether or not a party to the proceeding pending in the Court, but cannot extend the period of the order to more than 7 days or make another order under subsection (2)(d) that would have the effect of an order in the same terms being in force for more than 7 days. (7) Nothing in subsection (6) prevents the Supreme Court or the County Court, in the exercise of any jurisdiction, power or authority to do so conferred on it, making an order to the same or a similar effect as an order under subsection (2)(d), including an order that has effect from immediately an order under subsection (2)(d) ceases to be in force. Magistrates' Court Act 1989 - SECT 126A Power to bind over to keep the peace 126A. Power to bind over to keep the peace (1) The Court may, on the written application of a person, order another person to enter into a bond, with or without surety or sureties, to keep the peace or to be of good behaviour. (2) An application under subsection (1) must be supported by evidence on oath or by affidavit. (3) The parties to a proceeding under this section and any other witnesses may be called and examined and cross-examined and costs may be awarded as in any other proceeding in the Court. (4) The Court may order that a defendant who does not comply with an order under subsection (1) be imprisoned until he or she does comply with it or for 12 months, whichever is the shorter. (5) An order under subsection (1) may only be made on an application in accordance with this section unless it is otherwise expressly provided by any other Act. Magistrates' Court Act 1989 - SECT 127 Witness order 127. Witness order (1) The Court may, and must if required by any party to a proceeding, at any time during the proceeding, order all witnesses other than- (a) the informant or the plaintiff; and (b) the defendant; and (ba) in the case of a criminal proceeding, any victim of the offence unless the court otherwise specifies in the order; and (c) the witness under examination- to leave the Court and to remain outside and beyond the hearing of the Court until required to give evidence. (2) Nothing in this section prevents the Court from ordering a witness to leave the Court and to remain outside and beyond the hearing of the Court at any time after giving evidence if the Court considers it appropriate to do so. Magistrates' Court Act 1989 - SECT 128 Power to adjourn proceeding 128. Power to adjourn proceeding (1) The Court may, on the application of a party to a proceeding or without any such application, adjourn the hearing of the proceeding- (a) to such times and places; and (b) for such purposes; and (c) on such terms as to costs or otherwise- as it considers necessary or just in the circumstances. (2) If at any time the Court adjourns the hearing of a criminal proceeding or commits a defendant to stand trial, the Court may- (a) allow the defendant to go at large; or (b) remand the defendant in custody; or (c) grant the defendant bail or extend the bail of the defendant. (3) If the Court has adjourned the hearing of a proceeding to a particular time, it may order that the hearing be held or resumed before that time. (4) The Court may only make an order under subsection (3) with the consent of all the parties or on the application of a party who has given reasonable notice of the application to the other party or parties. (5) If the Court has adjourned the hearing of a criminal proceeding to a particular time and has remanded the defendant in custody, it may by order direct that the defendant be brought before, or be brought to another place specified in the order where facilities exist to enable the defendant (by audio visual link within the meaning of Part IIA of the Evidence Act 1958) to appear before, the Court at any time before then in order that the hearing may be held or resumed23. (6) The officer in charge of the prison or youth justice centre or other officer in whose custody the defendant is must obey an order under subsection (5). Magistrates' Court Act 1989 - SECT 128A Adjournment to undertake diversion program 128A. Adjournment to undertake diversion program (1) This section does not apply to- (a) an offence punishable by a minimum or fixed sentence or penalty, including cancellation or suspension of a licence or permit to drive a motor vehicle but not including the incurring of demerit points under the Road Safety Act 1986 or regulations made under that Act; or (b) an offence under section 49(1) of the Road Safety Act 1986 not referred to in paragraph (a). (2) If, at any time before taking a formal plea from a defendant in a criminal proceeding for a summary offence or an indictable offence triable summarily- (a) the defendant acknowledges to the Court responsibility for the offence; and (b) it appears appropriate to the Court, which may inform itself in any way it thinks fit, that the defendant should participate in a diversion program; and (c) both the prosecution and the defendant consent to the Court adjourning the proceeding for this purpose- the Court may adjourn the proceeding for a period not exceeding 12 months to enable the defendant to participate in and complete the diversion program. (3) A defendant's acknowledgment to the Court of responsibility for an offence is inadmissible as evidence in a proceeding for that offence and does not constitute a plea. (4) If a defendant completes a diversion program to the satisfaction of the Court- (a) no plea to the charge is to be taken; and (b) the Court must discharge the defendant without any finding of guilt; and (c) the fact of participation in the diversion program is not to be treated as a finding of guilt except for the purposes of- (i) Division 1 of Part 3 and Part 10 of the Confiscation Act 1997; and (ii) section 9 of the Control of Weapons Act 1990; and (iii) section 151 of the Firearms Act 1996; and (iv) Part 4 of the Sentencing Act 1991; and (d) the fact of participation in the diversion program and the discharge of the defendant is a defence to a later charge for the same offence or a similar offence arising out of the same circumstances. (5) If a defendant does not complete a diversion program to the satisfaction of the Court and the defendant is subsequently found guilty of the charge, the Court must take into account the extent to which the defendant complied with the diversion program when sentencing the defendant. (6) Nothing in this section affects the requirement to observe the rules of natural justice. (7) This section does not affect the incurring of demerit points under the Road Safety Act 1986 or regulations made under that Act. Magistrates' Court Act 1989 - SECT 129 Witnesses to be examined on oath 129. Witnesses to be examined on oath (1) Every person (except a person giving unsworn evidence by virtue of section 2324 of the Evidence Act 1958) appearing to give evidence before the Court in a proceeding must be examined on oath, and the Court has full authority to administer or cause to be administered to the witness the usual or any other lawful oath. (2) A person who appears solely for the purpose of producing documents or things need not be sworn. Magistrates' Court Act 1989 - SECT 130 Evidential burden on defendant for exceptions etc. 130. Evidential burden on defendant for exceptions etc. (1) If- (a) an Act or subordinate instrument creates an offence and provides any exception, exemption, proviso, excuse or qualification, whether it does or does not accompany the description of the offence; and (b) the defendant wishes to rely on the exception, exemption, proviso, excuse or qualification- the defendant must present or point to evidence that suggests a reasonable possibility of the existence of facts that, if they existed, would establish the exception, exemption, proviso, excuse or qualification. (2) Any exception, exemption, proviso, excuse or qualification need not be specified or negatived in the charge. (3) No proof in relation to an exception, exemption, proviso, excuse or qualification is required on the part of the informant unless the defendant has presented or pointed to evidence in accordance with subsection (1). (4) The Court may, if satisfied that it is in the interests of justice to do so, allow the prosecutor or, if the informant is appearing in person, the informant to re-open the case for the prosecution in order to adduce evidence in rebuttal of evidence presented or pointed to by the defendant in accordance with subsection (1). Magistrates' Court Act 1989 - SECT 131 Costs to be in the discretion of the Court 131. Costs to be in the discretion of the Court (1) The costs of, and incidental to, all proceedings in the Court are in the discretion of the Court and the Court has full power to determine by whom, to whom and to what extent the costs are to be paid. (2) Subsection (1) applies unless it is otherwise expressly provided by this or any other Act or by the Rules or the regulations. (2A) In exercising its discretion under subsection (1) in a proceeding, the Court may take into account any unreasonable act or omission by, or on behalf of, a party to the proceeding that the Court is satisfied resulted in prolonging the proceeding. (2B) The Court must not make an order awarding costs against a party in the exercise of its discretion under subsection (1) on account of any unreasonable act or omission by, or on behalf of, that party that the Court is satisfied resulted in prolonging the proceeding without giving that party a reasonable opportunity to be heard. (2C) If the Court determines to award costs against an informant who is a member of the police force, the order must be made against the Chief Commissioner of Police. (3) If- (a) a charge-sheet containing one or more charges is filed with a registrar; and (b) no filing fee is payable because of an exemption contained in the regulations; and (c) the defendant is convicted of one or more of the alleged offences and is ordered to pay a fine- the Court must order the defendant to pay by way of costs, in addition to the amount of the fine and any other costs, the amount of the filing fee that, but for the exemption, would have been payable. (4) This section and section 132 apply to a purported proceeding in the Court which is beyond the jurisdiction of the Court as if the purported proceeding were within jurisdiction. Magistrates' Court Act 1989 - SECT 132 Costs liability of legal practitioner 132. Costs liability of legal practitioner (1) If a legal practitioner for a party to a proceeding, whether personally or through a servant or agent, has caused costs to be incurred improperly or without reasonable cause or to be wasted by undue delay or negligence or by any other misconduct or default, the Court may make an order that- (a) all or any of the costs between the legal practitioner and the client be disallowed or that the legal practitioner repay to the client the whole or part of any money paid on account of costs; or (b) the legal practitioner pay to the client all or any of the costs which the client has been ordered to pay to any party; or (c) the legal practitioner pay all or any of the costs payable by any party other than the client. (2) Without limiting subsection (1), a legal practitioner is in default for the purposes of that subsection if any proceeding cannot conveniently be heard or proceed, or fails or is adjourned without any useful progress being made, because the legal practitioner failed to- (a) attend in person or by a proper representative; or (b) file any document which ought to have been filed; or (c) lodge or deliver any document for the use of the Court which ought to have been lodged or delivered; or (d) be prepared with any proper evidence or account; or (e) otherwise proceed. (3) The Court must not make an order under subsection (1) without giving the legal practitioner a reasonable opportunity to be heard. (4) The Court may order that notice of any proceeding or order against a legal practitioner under this section be given to the client in such manner as the Court directs. * * * * * Magistrates' Court Act 1989 - SECT 133 Contempt in face of the Court 133. Contempt in face of the Court (1) If it is alleged or appears to the Court that a person is guilty of contempt of court committed in the face of the Court, the Court may- (a) by oral order direct that the person be arrested and brought before the Court; or (b) issue a warrant for his or her arrest in the form prescribed by the Rules. (2) On the person being brought before the Court, the Court must cause him or her to be informed of the contempt with which he or she is charged and adopt any procedure that the Court thinks fit. (3) The Bail Act 1977 applies, with any necessary modifications, to and in respect of a person brought before the Court under this section as if the person were accused of an offence and were being held in custody in relation to that offence. (4) If the Court finds that the person is guilty of contempt of court, it may order that the person be sentenced to a term of imprisonment of not more than six months or fined not more than 25 penalty units. (5) If a person found guilty of contempt of court is ordered to be imprisoned, the Court may order his or her discharge before the end of the term. (6) The Court may accept an apology for a contempt and may remit any punishment for it either wholly or in part. (7) Persons who by conduct in the Court or in the precincts of the Court interrupt the proceedings of the Court in circumstances in which it appears to the Court that those persons are acting in concert with the object of interrupting the proceedings of the Court may each be dealt with under this section for contempt of court committed in the face of the Court. Magistrates' Court Act 1989 - SECT 134 Contempt of court 134. Contempt of court (1) A person is guilty of contempt of court if- (a) having been summoned as a witness and having been given or tendered any conduct money required to be given or tendered, the person refuses or neglects without sufficient cause to attend or to produce any documents or things required by the summons to be produced; or (b) having been summoned as a witness and having attended as required, the person refuses to be sworn or to answer any lawful question; or (c) being examined as a witness or being present in court and required to give evidence, the person refuses to be sworn or to answer any lawful question or, without sufficient excuse, to produce any documents or things that the person has been or is required to produce; or (d) being present in court and required to give evidence, the person wilfully disobeys an order made under section 127; or (e) in the opinion of the magistrate the person is guilty of wilful prevarication. (2) In the case of a contempt referred to in subsection (1), the Court may direct the arrest of the person and, on the person being brought before the Court, the Court must cause him or her to be informed of the contempt with which he or she is charged and adopt any procedure that the Court thinks fit. (3) If the Court finds that the person is guilty of a contempt referred to in subsection (1), it may order- (a) that the person be sentenced to a term of imprisonment of not more than 1 month; or (b) that the person be fined not more than 5 penalty units and that in default of payment of the fine within a specified time the person be imprisoned for a term of not more than 1 month. (4) Without limiting subsection (3)- (a) if a person commits a contempt referred to in subsection (1) at a committal proceeding, the Court may adjourn the proceeding for a period of not more than 8 clear days and section 128(2) applies as if the person were a defendant in a criminal proceeding; and (b) if at the adjourned hearing the contempt is repeated, the Court may- (i) proceed under paragraph (a); or (ii) punish for the contempt in any manner provided in subsection (3). (5) A person is guilty of contempt of court if- (a) having been summoned in accordance with the Rules to attend at a sitting of the Court to be orally examined by the appropriate registrar concerning the failure to comply with an order for the payment of money and having been given or tendered any conduct money required to be given or tendered, the person refuses or neglects without sufficient cause to attend; or (ab) having been summoned under Part 9 of the Infringements Act 2006 to attend at the Court to be orally examined by an infringements registrar and having been given any conduct money required to be given or tendered, the person refuses or neglects without sufficient cause to attend; or (b) having been so summoned and having attended as required, the person refuses to be sworn or to answer any lawful question; or (c) in the opinion of the appropriate registrar the person is guilty of wilful prevarication. (6) In the case of a contempt referred to in subsection (5), the appropriate registrar must report the contempt to the next practicable sitting of the Court constituted by a magistrate at the proper venue and the Court may direct the arrest of the person and may punish for the contempt as in the case of a contempt referred to in subsection (1). (7) If a contempt referred to in this section also constitutes a contempt of court committed in the face of the Court, the Court may deal with the contempt under this section or under section 133, as it thinks fit. (8) The Bail Act 1977 applies, with any necessary modifications, to and in respect of a person brought before the Court under this section as if the person were accused of an offence and were being held in custody in relation to that offence. Magistrates' Court Act 1989 - SECT 135 Enforcement of orders not for the payment of money 135. Enforcement of orders not for the payment of money (1) If by or under this or any other Act a power (whether or not expressed as a power to make an order) is given to the Court- (a) of requiring any person to do or abstain from doing any act or thing, other than the payment of money; or (b) of requiring any act or thing, other than the payment of money, to be done or left undone- the Court may exercise the power by an order or orders. (2) If the Court makes an order under subsection (1), it may- (a) attach to the order conditions as to time or mode of action which are authorised by or under any Act or which the Court thinks just; and (b) suspend or rescind the order on any undertaking being given or condition being performed that the Court thinks just; and (c) generally make any arrangement for carrying into effect the power that the Court thinks just. (3) Subject to subsection (4), a person who defaults in complying with an order made under subsection (1) is for the default liable- (a) to pay a fine of not more than 1 penalty unit for every day during which the default continues; or (b) to be imprisoned for so long as the default continues. (4) A person is not liable under this section to- (a) imprisonment for a period or periods amounting in the aggregate to more than 2 months; or (b) the payment of any sums exceeding in the aggregate 40 penalty units- for non-compliance with the requirement of the Court (whether made by one or more orders) to do or abstain from doing any act or thing. Magistrates' Court Act 1989 - SECT 136 Directions 136. Directions The Court may, except where otherwise provided by this or any other Act, at any stage of a proceeding, give any direction for the conduct of the proceeding which it thinks conducive to its effective, complete, prompt and economical determination. Magistrates' Court Act 1989 - SECT 136A Court registrars etc. may be directed to act anywhere 136A. Court registrars etc. may be directed to act anywhere Despite anything to the contrary in any Act, an appointment as- (a) a registrar or bailiff of the Magistrates' Court; or (b) a registrar or deputy registrar of the Children's Court- authorises that person to act as such anywhere in Victoria as directed by the Minister responsible for the public service body (within the meaning of the Public Administration Act 2004) or the appropriate public service body agency Head (within the meaning of that Act). Magistrates' Court Act 1989 - SECT 137 Forfeitures may be sold 137. Forfeitures may be sold (1) All property (other than money) forfeited by or recovered in the Court may, except where otherwise provided by this or any other Act, be sold or disposed of or dealt with in any manner that the Court directs. (2) The proceeds of a sale, disposal or dealing under subsection (1) must be applied in the same manner as if the proceeds were a fine imposed under the Act on which the forfeiture is founded. Magistrates' Court Act 1989 - SECT 137A How unsold seized property to be handled 137A. How unsold seized property to be handled (1) This section applies if personal property seized, taken or coming into the possession of the sheriff in the execution of a warrant or warrants under section 74(a), 82D(1)(b)(i), 82F(2) or 111(3)(a)- (a) is not to be sold; or (b) is offered for sale but is not bought; or (c) is bought, but is not collected by the buyer. (2) The sheriff- (a) must give the owner of the property (or the person from whom the property was seized if the owner is not known) a written notice- (i) stating that the property is available for retrieval; and (ii) providing details of how the property may be retrieved; and (b) may dispose of the property in any manner the sheriff considers appropriate if the property has not been retrieved within 3 months after the date the notice was given or sent. (3) It is sufficient compliance with subsection (2)(a) if the sheriff sends the notice by post to the last known address of the person. Magistrates' Court Act 1989 - SECT 138 Investment of trust money 138. Investment of trust money (1) The whole or any part of any money held in a trust account of the Court may, except where otherwise provided by this or any other Act, whether already in a state of investment or not, be invested- (a) on deposit with an authorised deposit-taking institution; or * * * * * (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. Magistrates' Court Act 1989 - SECT 139 Manner of service where none is prescribed 139. Manner of service where none is prescribed 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 in accordance with section 34 as though it were a summons to answer to a charge and the person on whom it is to be served were the defendant. Magistrates' Court Act 1989 - SECT 139A Supreme Court-limitation of jurisdiction 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. (1A) It is the intention of clause 29 of Schedule 7 to alter or vary section 85 of the Constitution Act 1975. (2) It is the intention of section 121A to alter or vary section 85 of the Constitution Act 1975. (3) It is the intention of clause 29 of Schedule 7 as affected by clause 28(4) of that Schedule to alter or vary section 85 of the Constitution Act 1975. (4) It is the intention of section 50A(5) to alter or vary section 85 of the Constitution Act 1975. Magistrates' Court Act 1989 - SECT 140 Regulations 140. Regulations (1) The Governor in Council may make regulations for or with respect to- (a) the fees, costs and charges payable in respect of any proceeding in the Court; and * * * * * (b) the fees, costs and charges payable in respect of the exercise by a registrar of any jurisdiction, power or authority vested in the registrar as infringements registrar; and * * * * * (c) prescribing the fees and charges payable for the supply by the Court of any recording or any part of a recording of a proceeding; and * * * * * * * * * * * * * * * (db) prescribing municipal districts or subdivisions of municipal districts as areas in which a member of the police force is not required to serve process in a civil proceeding; and (e) prescribing persons and summary offences for the purposes of section 30; and (f) prescribing how the last known place of residence or business of a defendant is to be ascertained for the purposes of section 36; and (g) prescribing procedures and other matters for the purposes of Part 5 of Schedule 7; and (h) prescribing classes of complaints for the purposes of Division 2 of Part 5; and * * * * * * * * * * (m) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) A power conferred by subsection (1) to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters- (a) specific fees; (b) maximum fees; (c) minimum fees; (d) fees that vary according to value or time; (e) the manner of payment of fees; (f) the time or times at which fees are to be paid. (2A) Regulations made under this Act may- (a) provide for the reduction, waiver or refund, in whole or in part, of the fees, costs and charges fixed by regulation under subsection (1)(a) or (b); and (b) provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of any fee, cost or charge reduced, waived or refunded by the regulations. (2B) Without limiting subsection (3)(b), if the regulations provide for a reduction, waiver or refund, in whole or in part, of a fee, cost or charge pursuant to subsection (2A), the reduction, waiver or refund- (a) may be expressed to apply either generally or specifically- (i) in respect of certain matters or classes of matters; (ii) in respect of certain persons or classes of persons; (iii) in respect of a specified class of prescribed offence within the meaning of Schedule 7, including offences committed before or after the commencement of the regulations providing for the reduction, waiver or refund, in whole or in part, of the fees, costs and charges; (iv) in respect of a specified class of infringement notice or penalty notice within the meaning of Schedule 7, including notices issued or served before or after the commencement of the regulations providing for the reduction, waiver or refund, in whole or in part, of the fees, costs and charges; (v) in respect of a specified enforcement agency or class of enforcement agency within the meaning of Schedule 7; (vi) for a specified period or periods or from a specified commencement date to a specified expiry date; (vii) in respect of any combination of the matters referred to in paragraphs (i) to (vi); (b) may be subject to specified conditions. (3) Regulations made under this Act may be made- (a) so as to confer a discretionary authority on a specified court official or a specified class of court officials; and (b) so as to provide for the exemption of persons or proceedings or a class of persons or proceedings from any of the regulations providing for the imposition of fees; and (c) so as to be of limited or general application. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * __________________ Magistrates' Court Act 1989 - PART 8 PART 8 SAVINGS AND TRANSITIONALS * * * * * * * * * * * * * * * Magistrates' Court Act 1989 - SECT 150 Savings and transitionals 150. Savings and transitionals (1) Schedule 8 contains saving and transitional provisions. (2) The provisions contained in Schedule 8 are subject to any contrary intention appearing in the Magistrates' Court (Consequential Amendments) Act 1989. __________________ Magistrates' Court Act 1989 - SCHEDULE 1 Section 10 SALARIES AND ALLOWANCES OF MAGISTRATES 1. The Chief Magistrate is entitled to be paid a salary at the rate for the time being applicable under the Judicial Salaries Act 2004. 2. A Deputy Chief Magistrate is entitled to be paid- (a) a salary at the rate for the time being applicable under the Judicial Salaries Act 2004; or (b) in the case of a part-time magistrate who is a Deputy Chief Magistrate, a pro-rata amount of the salary referred to in paragraph (a). * * * * * 3. A magistrate, not being the Chief Magistrate or a Deputy Chief Magistrate, is entitled to be paid- (a) a salary at the rate for the time being applicable under the Judicial Salaries Act 2004; or (b) in the case of a part-time magistrate, a pro-rata amount of the salary referred to in paragraph (a). * * * * * 4. The Chief Magistrate, each Deputy Chief Magistrate and each other magistrate shall be paid allowances at such rate or amount or of such kind as are for the time being applicable under the Judicial Salaries Act 2004. 5. A magistrate may by notice in writing to the Attorney-General enter into an arrangement under which the magistrate agrees to receive the whole or part of his or her total amount of future salary as a magistrate as non-salary benefits of an equivalent value. 6. The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a later date. 7. A magistrate may vary or revoke a notice he or she has given under clause 5 by notice in writing to the Attorney-General. 8. The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date. 9. Subject to clauses 2(b) and 3(b), 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. 9A. An arrangement referred to in clause 5 or 10A does not constitute and is deemed never to have constituted a reduction in the salary of the magistrate who enters or entered into the arrangement. 10. The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent- (a) the salaries (including the amount of any non-salary benefits) and allowances payable under this Part; and (b) premiums and other amounts payable under the Accident Compensation (WorkCover Insurance) Act 1993 in respect of the magistrates; and (c) superannuation contributions (within the meaning of the Payroll Tax Act 2007) payable in respect of the magistrates; and (d) payroll tax payable under the Payroll Tax Act 2007 payable in respect of wages paid or payable to the magistrates; and (e) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to the magistrates. 10A. If, before the commencement of section 11 the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), a magistrate entered into an arrangement under which the magistrate agreed to receive the whole or part of his or her total amount of salary as a magistrate as non-salary benefits of an equivalent value, that arrangement, by virtue of this clause, has and is deemed always to have had full effect according to its tenor as if it had been authorised under clause 5. 10B. On and after the commencement of section 11 of the 2008 Act, an arrangement referred to in clause 10A may only be varied or revoked in accordance with clause 7. 10C. In clause 5, non-salary benefits has the same meaning as it has in clause 3(5) of Schedule 1A to the Public Administration Act 2004. 11. Subject to clause 11A and clause 11B, an acting magistrate, while undertaking the duties of a magistrate, is entitled to be paid remuneration- (a) at the annual rate for the time being applicable under the Judicial Salaries Act 2004 to the holder of that office on other than an acting basis, if the acting magistrate is required to undertake the duties of a magistrate on a full time basis; or (b) at the rate per sitting day for the time being applicable under the Judicial Salaries Act 2004 to the holder of that office, if the acting magistrate is required to undertake the duties of a magistrate on a sessional basis. 11A. If an acting magistrate, who is required to undertake the duties of a magistrate on a full time basis, is entitled to- (a) a non-contributory pension under a relevant Act within the meaning of section 16A of the State Superannuation Act 1988; or (b) because he or she has held a public office in another jurisdiction, a non-contributory pension under any other law- the amount of pension to which the acting magistrate is entitled shall be deducted from the remuneration payable to that acting magistrate under clause 11(a). 11B. An acting magistrate who is required to undertake the duties of a magistrate on a sessional basis and is entitled to- (a) a non-contributory pension under a relevant Act within the meaning of section 16A of the State Superannuation Act 1988; or (b) because he or she has held a public office in another jurisdiction, a non-contributory pension under any other law- shall receive remuneration calculated in accordance with the following formula- where- "S" means the rate per sitting day for the time being applicable under the Judicial Salaries Act 2004 to the acting magistrate; "P" means the annual pension to which the acting magistrate is entitled that is referred to in paragraph (a) or (b). 11C. Each acting magistrate shall be paid allowances at such rate or amount or of such kind as are for the time being applicable under the Judicial Salaries Act 2004. 11D. An acting magistrate may by notice in writing to the Attorney-General enter into an arrangement under which the acting magistrate agrees to receive the whole or part of his or her total amount of future remuneration (whether or not payable at a sessional rate) as non-salary benefits of an equivalent value. 11E. The notice must specify a date from which the arrangement is to take effect which must be the date on which the notice is given or a later date. 11F. An acting magistrate may vary or revoke a notice he or she has given under clause 11D by notice in writing to the Attorney-General. 11G. The notice of variation or revocation must specify a date from which the variation or revocation is to take effect which must be the date on which the notice is given or a later date. 12. The following are to be paid out of the Consolidated Fund, which is appropriated to the necessary extent- (a) the remuneration (including the amount of any non-salary benefits) payable under this Part; and (b) premiums and other amounts payable under the Accident Compensation (WorkCover Insurance) Act 1993 in respect of acting magistrates; and (c) superannuation contributions (within the meaning of the Payroll Tax Act 2007) payable in respect of acting magistrates; and (d) payroll tax payable under the Payroll Tax Act 2007 payable in respect of wages paid or payable to acting magistrates; and (e) tax payable under the Fringe Benefits Tax Act 1986 of the Commonwealth in respect of fringe benefits provided to acting magistrates. 13. If, before the commencement of section 12 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008 (the 2008 Act), an acting magistrate entered into an arrangement under which the acting magistrate agreed to receive the whole or part of his or her total amount of salary (whether or not payable at a sessional rate) as an acting magistrate as non-salary benefits of an equivalent value, that arrangement, by virtue of this clause, has and is deemed always to have had full effect according to its tenor as if it had been authorised under clause 11D. 14. On and after the commencement of section 12 of the 2008 Act, an arrangement referred to in clause 13 may only be varied or revoked in accordance with clause 11F. 15. In clause 11D, non-salary benefits has the same meaning as it has in clause 3(5) of Schedule 1A to the Public Administration Act 2004. _______________ Magistrates' Court Act 1989 - SCHEDULE 2 Sections 41, 51, 54(6) SUMMARY CRIMINAL HEARINGS 1. Venue of Court (1) A criminal proceeding is returnable at the proper venue of the Court, except where otherwise provided by this or any other Act. (2) If, before any evidence is given in support of the charge- (a) the defendant objects to the venue of the Court; and (b) the Court is satisfied, having regard to the convenience of the parties, that the proceeding should be transferred to another venue- the Court may adjourn the proceeding to another venue of the Court. (2A) If at any time, whether or not any evidence is given in support of the charge and whether or not the defendant appears, the Court is satisfied that the charge was filed at a venue of the Court other than the proper venue, the Court must25- (a) adjourn the proceeding to the proper venue; or (b) if satisfied there has been an abuse of process, strike the proceeding out- and may award costs against the informant. (2B) Despite subclause (2A), where there is no objection by the defendant to the hearing and determination of the proceeding at a venue other than the proper venue, the Court may, at its discretion, hear and determine the proceeding at that other venue26. (3) A proceeding is not void because it was returnable or heard and determined at a venue of the Court other than the proper venue. 1A. Pre-hearing disclosure27 (1) This clause does not apply if the informant serves a brief of evidence on the defendant in accordance with section 37. (2) The defendant may at least 10 days before the mention date (or, with the leave of the Court, within any shorter period before that date) give notice in writing to the informant that the defendant requires- (a) copies of statements of witnesses (including expert witnesses) obtained by or on behalf of the informant, whether or not the informant intends to call them to give evidence at the hearing; (b) written summaries of the substance of any evidence likely to be given, if called at the hearing, by persons who have not made statements but who have provided relevant information to the informant, whether or not the informant intends to call them to give evidence at the hearing; (c) access to the exhibits to inspect them and, if practicable, copies or photographs of the exhibits; (d) the names of all witnesses referred to in paragraph (a) and persons referred to in paragraph (b) and (if material to the defence case) also their addresses unless- (i) the witness or person objects to the defendant being given his or her address; and (ii) the informant believes that there are reasonable grounds for refusing to give the defendant the address of that witness or person; (e) copies of any documents setting out particulars of any prior convictions of, or findings of guilt made against, the defendant or any person whom the informant intends to call to give evidence at the hearing; (f) particulars of any medical examinations of the defendant carried out on behalf of the informant. (2A) If- (a) the informant is a member of the police force or an officer of a prescribed agency; and (b) the defendant's legal practitioner is authorised by the Secretary to access electronically the information and matters referred to in subclause (2); and (c) it is practicable to transmit electronically the information and matters referred to in subclause (2)- the informant must, subject to this clause, place on the prescribed database as soon as practicable and as the information or matters become available to the informant- (d) all information and matters referred to in subclause (2); and (e) a list of the exhibits proposed to be tendered. (3) Subsection (2)(e) does not require the informant to give to the defendant particulars of any prior conviction of, or finding of guilt made against, any person whom the informant intends to call to give evidence at the hearing if he or she is of the opinion that the prior conviction or finding of guilt is, because of its character, irrelevant to the proceeding before the Court but the informant must advise the defendant of the existence of any undisclosed prior convictions or findings of guilt without setting out particulars of them. (4) The informant may refuse to comply with a requirement made by the defendant under subclause (2) or to place on the database information or matters required to be placed under subclause (2A) if he or she is of the opinion that to comply would, or would be reasonably likely to- (a) prejudice the investigation of a breach or possible breach of the law or prejudice the enforcement or proper administration of the law in a particular instance; or (b) prejudice the fair trial of a person or the impartial adjudication of a particular case; or (c) disclose, or enable a person to ascertain, the identity of a confidential source of information in relation to the enforcement or administration of the law; or (d) disclose methods or procedures for preventing, detecting, investigating or dealing with matters arising out of breaches or evasions of the law the disclosure of which would, or would be reasonably likely to, prejudice the effectiveness of those methods or procedures; or (e) endanger the lives or physical safety of persons engaged in, or in connection with, law enforcement or persons who have provided confidential information in relation to the enforcement or administration of the law; or (f) endanger the life or physical safety of a witness referred to in subclause (2)(a) or of a person referred to in subclause (2)(b) or of a family member of such a witness or person as defined in the Family Violence Protection Act 2008. (5) On or before the 5th day before the mention date or within such other period as the Court may fix in granting leave to the defendant to give notice under subclause (2) less than 10 days before the mention date, the informant must comply with a requirement made by the defendant under that subclause or serve on the defendant a written statement of the ground or grounds for refusing to comply. (5A) If the informant refuses to place on the database information or matters required to be placed under subclause (2A) or to provide access to exhibits, the informant must, without delay, serve on the defendant's legal practitioner a written statement of the ground or grounds for refusing to comply. (6) The Court may, on the application of the defendant, order the informant to comply with a requirement made by the defendant under subclause (2) or to place on the database information or matters required to be placed under subclause (2A). (7) A requirement made by the defendant under subclause (2) or a requirement to place information or matters required to be placed under subclause (2A) applies with respect to any document or other thing that comes into existence, or event that takes place, after the making of the requirement if it would have applied to it had it been in existence at, or taken place before, that time and, in that case, the informant must, subject to this clause, comply with the requirement within a reasonable time after the document or other thing coming into existence or the event taking place. * * * * * (9) The appropriate registrar must ensure that the defendant is given, as soon as practicable after the commencement of the proceeding, a written notice containing a summary of the provisions of this clause. 1B. Expert witness statement Whether or not the informant serves a brief of evidence on the defendant in accordance with section 37, the defendant must serve on the informant at least 7 days before the mention date (or, if the statement is not then in existence, as soon as possible after it comes into existence) a copy of the statement of any expert witness whom the defendant intends to call to give evidence at the hearing. 2. Course of proceedings (1) In this clause course of proceedings means the matters set out in sections 397, 398, 28417 and 418 of the Crimes Act 1958, with any necessary modifications. (2) Subject to subclause (3), the course of proceedings is the same as that followed in a criminal trial in the Supreme Court. (3) Leave of the Court is necessary before the Court may be addressed on evidence by or on behalf of the informant or the defendant, whether the address is for the purpose of opening, or summing up, the evidence. 3. Mention system The appropriate registrar may, on the application of the defendant- (a) if the defendant is not on bail or in custody, adjourn the proceeding prior to or on the mention date or on the return date to a later date; and (b) if the defendant is on bail, adjourn the proceeding on the mention date or return date to a later date and extend bail but not vary the conditions of bail or revoke bail. 3A. Contest mention hearing (1) This clause applies to a proceeding for a summary offence or an indictable offence that may be heard and determined summarily. (2) The Court may, between the mention date and the day on which the charge is due to be heard, from time to time on the application of a party or on its own motion, conduct a contest mention hearing. (3) At a contest mention hearing, the Court may- (a) require the parties to provide an estimate of the time expected to be needed for the hearing of the charge; (b) require the parties to advise as to the estimated number and the availability of witnesses for the hearing of the charge, not including the defendant as a witness, and whether any witnesses are from interstate or overseas; (c) request each party to indicate the evidence it is proposed to adduce and to identify the issues in dispute; (d) require the defendant to advise whether the defendant is legally represented and has funding for continued legal representation up to and including the hearing of the charge; (e) require the parties to advise whether there are any particular requirements of, or facilities needed for, witnesses and interpreters; (f) order a party to make, file in Court or serve (as the case requires) any written or oral material required by the Court for the purposes of the proceeding; (g) allow a party to amend a document that has been prepared by or on behalf of that party for the purposes of the proceeding; (h) if the Court considers that it is in the interests of justice to do so, dispense with or vary any requirement imposed on a party by or under section 37 or 37A or clause 1A or 1B of this Schedule; (i) require or request a party to do anything else for the case management of the proceeding. (4) The defendant in person must be present at the first contest mention hearing and, except with the leave of the Court, at any subsequent contest mention hearing. 4. Non-appearance of informant If the informant does not appear on the hearing date, the Court may- (a) dismiss the charge; or (b) adjourn the proceeding on any terms that it thinks fit. 5. Non-appearance of defendant (1) If- (a) under subsection (2) or (3) of section 41 the Court proceeds to hear and determine the charge in the defendant's absence; and (b) the informant had served a brief of evidence on the defendant in accordance with section 37- the following are, subject to subclause (2), admissible as if their contents were a record of evidence given orally; (c) Any statement a copy of which has been served in the brief of evidence; (d) Any exhibit or document referred to in a statement which is admissible. (2) The Court may rule as inadmissible the whole or any part of a statement or of any exhibit or document referred to in a statement. (3) Subclause (1) does not limit the power of the Court to proceed to hear and determine the charge in the defendant's absence under subsection (2) or (3) of section 41 on the basis of evidence on oath given by or on behalf of the informant if the informant had not served a brief of evidence on the defendant in accordance with section 37. 6. Non-appearance of defendant-outline of evidence (1) If- (a) under section 41(2) or (3) the Court proceeds to hear and determine the charge in the defendant's absence; and (b) the informant has served an outline of evidence on the defendant in accordance with section 37A not less than 14 days before the mention date; and (c) the Court considers that the matters set out in the outline of evidence disclose the offence charged- the following are admissible in evidence, despite the rule against hearsay- (d) the outline of evidence referred to in section 37A(1); (e) any exhibit referred to in the outline of evidence. (2) Without limiting any other power conferred on the Court, if the Court considers that the matters set out in an outline of evidence do not disclose the offence charged, the Court may require the informant to provide additional evidence. (3) The additional evidence referred to in subsection (2) is inadmissible unless- (a) it is in the form of written statements that comply with section 37A(3); and (b) a copy of each statement has been served on the defendant not less than 14 days before the Court considers the additional evidence. (4) The Court must reject a statement, or any part of a statement, tendered in a proceeding if the statement or part is inadmissible because of this clause. (5) The Court may rule as inadmissible the whole or any part of an outline of evidence, a statement or an exhibit. (6) If the Court finds a defendant guilty in the defendant's absence on the basis of an outline of evidence- * * * * * (c) the Court must not make an order for a fine exceeding 20 penalty units under Division 4 of Part 3 of the Sentencing Act 1991 and the total sum of orders for fines must not exceed in the aggregate 50 penalty units; and (d) the total sum of orders made under Divisions 1 and 2 of Part 4 of the Sentencing Act 1991 for the payment of restitution or compensation must not exceed $2000. Note Section 41(4) prevents the Court making a custodial order. Also, the Court cannot make an order that requires the consent of the defendant to its making, for example, a community-based order. (7) If, at any time during the hearing, the Court considers that the charge, if proved, is likely to result in an order prohibited by subclause (6), the Court- (a) must adjourn the proceeding to enable the defendant to appear or to be brought before the Court to answer to the charge; and (b) may issue a warrant to arrest the defendant. (8) Except as provided by section 90 of the Road Safety Act 1986, the Court must not be informed of nor have regard to any prior convictions or findings of guilt of the defendant. (9) If the Court finds a charge against a person proven and makes a sentencing order in their absence, the Court must give by post written notice to the person, at the address on the register, of- (a) the order of the Court; and (b) their right to apply for a re-hearing of the charge. (10) If a person is served with a notice under subclause (9) and applies under section 93 for a re-hearing of the charge within 28 days after the date of service of the notice, the Court must set aside the sentencing order and re-hear the charge. (11) This clause does not limit the power of the Court to proceed to hear and determine the charge in the defendant's absence under section 41(2) or (3) on the basis of evidence on oath given by or on behalf of the informant if the informant had not served an outline of evidence on the defendant in accordance with section 37A. 7. Non-appearance of defendant-Infringements Act 2006 Without limiting any other power of the Court, in the case of any lodgeable infringement offence within the meaning of the Infringements Act 2006 in respect of which an election to have the matter of the offence heard and determined in Court under Part 2 or Part 4 of that Act has been made or an order under section 72(1) of that Act has been made, if the defendant fails to appear and the Court proceeds to hear and determine the charge in the defendant's absence under section 41(2) or (3), the Court may hear and determine the charge based on the prescribed information lodged under section 40(1)(a) or 71(1)(a) of that Act (as the case requires). __________________ * * * * * __________________ Magistrates' Court Act 1989 - SCHEDULE 4 Section 53(1) INDICTABLE OFFENCES WHICH MAY BE HEARD AND DETERMINED SUMMARILY 1. Causing serious injury recklessly Offences under section 17 of the Crimes Act 1958. 2. Extortion with threat to kill Offences under section 27 of the Crimes Act 1958. * * * * * * * * * * * * * * * 14. Occupier, etc. permitting unlawful sexual penetration Offences under section 54 of the Crimes Act 1958. * * * * * * * * * * 16. Theft Offences under section 74 of the Crimes Act 1958, if the amount or value of the property alleged to have been stolen does not in the judgment of the Court exceed $100 000 or if the property alleged to have been stolen is a motor vehicle. 17. Robbery Offences under section 75 of the Crimes Act 1958, if the amount or value of the property alleged to have been stolen does not in the judgment of the Court exceed $100 000. 18. Burglary Offences under section 76 of the Crimes Act 1958, if the offence involves an intent to steal property the amount or value of which does not in the judgment of the Court exceed $100 000. 19. Aggravated burglary Offences under section 77 of the Crimes Act 1958, if the offence involves an intent to steal property the amount or value of which does not in the judgment of the Court exceed $100 000. 20. Removal of articles from places open to the public Offences under section 78 of the Crimes Act 1958, if the amount or value of the article alleged to have been removed does not in the judgment of the Court exceed $100 000. 21. Obtaining property by deception Offences under section 81 of the Crimes Act 1958, if the amount or value of the property alleged to have been obtained does not in the judgment of the Court exceed $100 000. 22. Obtaining financial advantage by deception Offences under section 82 of the Crimes Act 1958, if the amount or value of the financial advantage alleged to have been obtained does not in the judgment of the Court exceed $100 000. 23. False accounting Offences under section 83 of the Crimes Act 1958, if the amount or value of the alleged gain or loss does not in the judgment of the Court exceed $100 000. * * * * * 26. Suppression, etc. of documents Offences under section 86 of the Crimes Act 1958, if the amount or value of the alleged gain or loss does not in the judgment of the Court exceed $100 000. 27. Handling stolen goods Offences under section 88 of the Crimes Act 1958, if the stolen goods alleged to have been handled are a motor vehicle or, in any other case, the amount or value of the stolen goods alleged to have been handled does not in the judgment of the Court exceed $100 000. * * * * * 29. Receipt or solicitation of secret commission by agent Offences under section 176 of the Crimes Act 1958, if the amount or value of the valuable consideration received, solicited, given or offered does not in the judgment of the Court exceed $100 000. 30. Giving or receiving false or misleading receipt or account Offences under section 178 of the Crimes Act 1958, if the amount or value of the valuable consideration received or given does not in the judgment of the Court exceed $100 000. 31. Gift or receipt of secret commission in return for advice given Offences under section 179 of the Crimes Act 1958, if the amount or value of the valuable consideration received or given does not in the judgment of the Court exceed $100 000. 32. Secret commission to trustee in return for substituted appointment Offences under section 180 of the Crimes Act 1958, if the amount or value of the valuable consideration received or given does not in the judgment of the Court exceed $100 000. 33. Aiding and abetting offences within or outside Victoria Offences under section 181 of the Crimes Act 1958, if the amount or value of the valuable consideration received or given does not in the judgment of the Court exceed $100 000. 34. Fraudulently inducing persons to invest money Offences under section 191 of the Crimes Act 1958. 34A. Dealing with proceeds of crime Offences under section 194(1) and (2) of the Crimes Act 1958, if the property alleged to have been dealt with is a motor vehicle or, in any other case, the amount or value of the proceeds of crime alleged to have been dealt with does not in the judgment of the Court exceed $100 000. 34B. Dealing with property which subsequently becomes an instrument of crime Offences under section 195A(1) of the Crimes Act 1958, if the amount or value of the property alleged to have been dealt with does not in the judgment of the Court exceed $100 000. 35. Destroying or damaging property Offences under section 197(1) and (3) of the Crimes Act 1958 (including offences charged as arson), if the amount or value of the property alleged to be destroyed or damaged does not in the judgment of the Court exceed $100 000. 36. Threats to destroy or damage property Offences under section 198 of the Crimes Act 1958, if the amount or value of the property alleged to be threatened to be destroyed or damaged does not in the judgment of the Court exceed $100 000. 37. Possessing anything with intent to destroy or damage property Offences under section 199 of the Crimes Act 1958, if the amount or value of the property alleged to be intended to be destroyed or damaged does not in the judgment of the Court exceed $100 000. 37A. Computer Offences (1) Offences under section 247B of the Crimes Act 1958, if the maximum penalty does not exceed level 5 imprisonment. (2) Offences under sections 247E and 247F of the Crimes Act 1958. 37B. Perjury Offences under section 314 of the Crimes Act 1958. 37C. Conspiracy to cheat and defraud Offences at common law of conspiracy to cheat and defraud, if the amount or value of the property or the financial advantage alleged to be involved does not in the judgment of the Court exceed $100 000; 37D. Conspiracy to defraud Offences at common law of conspiracy to defraud, if the amount or value of the property or the financial advantage alleged to be involved does not in the judgment of the Court exceed $100 000. 38. Commercial quantity of RC publications, films or computer games Offences under sections 15(3), 23A(1), 23A(2), 25(4), 31(3), 36(3), 45A(1) and 45A(2) of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995. 39. Non-compliance with compliance notice Offences under section 48(1) of the Information Privacy Act 2000. 40. Publication or transmission of child pornography Offences under section 57A of the Classification (Publications, Films and Computer Games) (Enforcement) Act 1995. 41. Unlawful interment An offence under section 114 of the Cemeteries and Crematoria Act 2003. 42. Offence to inter bodily remains in public cemetery without interment authorisation An offence under section 115 of the Cemeteries and Crematoria Act 2003. 42A. Unlawful cremation An offence under section 129 of the Cemeteries and Crematoria Act 2003. 42B. Offence to cremate without cremation authorisation An offence under section 130 of the Cemeteries and Crematoria Act 2003. 42C. Offence to make false statement in application for cremation authorisation An offence under section 132 of the Cemeteries and Crematoria Act 2003. 42D. Offence to make false statement in application for approval for cremation by Secretary An offence under section 137 of the Cemeteries and Crematoria Act 2003. 42E. Offence to make false statement in certificate of registered medical practitioner authorising cremation An offence under section 140 of the Cemeteries and Crematoria Act 2003. 42F. Offence to exhume other than in accordance with Cemeteries and Crematoria Act 2003 An offence under section 155 of the Cemeteries and Crematoria Act 2003. 42G. Offence to dispose of falsely identified bodily remains An offence under section 176 of the Cemeteries and Crematoria Act 2003. 42H. Offence to possess, carry or use a prohibited weapon in or in the vicinity of licensed premises An offence under section 5(1A) of the Control of Weapons Act 1990. 43. Non-compliance with enforcement notice-health information Offences under section 71(1) of the Health Records Act 2001. 44. Obtaining payment for sexual services provided by a child Offences under section 6(1) of the Prostitution Control Act 1994. 45. Agreement for provision of sexual services by a child Offences under section 7(1) of the Prostitution Control Act 1994. * * * * * * * * * * * * * * * * * * * * * * * * * 46. Offence to have interest in more than one brothel licence or permit Offences under section 75(1) of the Prostitution Control Act 1994. 49. Drug offences Indictable offences under the Drugs, Poisons and Controlled Substances Act 1981 (except for offences against sections 71, 71AA, 72 and 72A and offences against the following provisions as in force before the commencement of the Drugs, Poisons and Controlled Substances (Amendment) Act 2001- (a) section 71(1) where the alleged offence is committed in relation to a quantity of a drug of dependence that is not less than the commercial quantity applicable to that drug of dependence; (b) section 72(1) where the alleged offence is committed in relation to a quantity of a drug of dependence, being a narcotic plant, that is not less than the commercial quantity applicable to that narcotic plant) but the maximum penalties that the Court may impose are imprisonment for a period not exceeding 3 years or a fine of not more than 50 penalty units or both. 49A. Offence for prohibited person to possess, carry or use a firearm Offences under section 5(1), (1A) and (2) of the Firearms Act 1996. 49B. Offence for a non-prohibited person to possess, carry or use a longarm without a licence Offences under section 6(3), (4), (5) and (6) of the Firearms Act 1996. 49BA. Offence to possess, carry or use an unregistered longarm Offences under section 6A(1), (2), (3) and (4) of the Firearms Act 1996. 49BB. Offence for non-prohibited person to possess, carry or use a handgun without a licence Offences under section 7(1), (2), (3), (4), (5) and (6) of the Firearms Act 1996. 49BC. Offence for holder of general category handgun licence to possess, carry or use certain types of handguns under the licence Offences under section 7A(1) and (6) of the Firearms Act 1996. 49BD. Offence to possess, carry or use an unregistered handgun Offences under section 7B(1) and (2) of the Firearms Act 1996. 49C. Offence not to comply with licence conditions of longarm licence Offences under section 36(3) of the Firearms Act 1996. 49D. Failure to dispose of firearms where licence not renewed Offences under section 45(5) of the Firearms Act 1996. 49E. Failure to surrender firearms or licence document Offences under section 53(1) of the Firearms Act 1996. 49F. Offence to carry on business of dealing in firearms Offences under section 59(2) of the Firearms Act 1996. 49G. Failure to surrender firearms or licence document Offences under section 83 of the Firearms Act 1996. 49H. Acquisition of firearms from particular persons Offences under section 93(3) of the Firearms Act 1996. 49I. Disposal of firearms to particular persons Offences under section 94(3) of the Firearms Act 1996. 49J. Acquisition of firearm from person who is not a licensed dealer Offences under section 95(2), (2A), (3) and (4) of the Firearms Act 1996. 49K. Disposal of firearm to a person who is not a licensed dealer Offences under section 96(2), (2A), (3) and (4) of the Firearms Act 1996. 49L. Acquisition of firearm from place outside the State Offences under section 99(3) of the Firearms Act 1996. 49M. Disposal of firearm to place outside the State Offences under section 100(3) of the Firearms Act 1996. 49MA. Offence to finance the illegal acquisition or disposal of firearms Offences under section 101B(2) and (3) of the Firearms Act 1996. 49N. Acquisition of firearm without a permit Offences under section 102(2A), (3) and (3A) of the Firearms Act 1996. 49O. Notice of bringing of firearm into the State Offences under section 115(1) of the Firearms Act 1996. 49P. Notice of removal of firearm from the State Offences under section 116(1) of the Firearms Act 1996. 49Q. Storage of longarms and handguns Offences under section 121(3) and (3A) of the Firearms Act 1996. 49R. Storage of firearms held under collectors licences Offences under section 122(2) of the Firearms Act 1996. 49S. Storage of firearms under dealers licences Offences under section 123(3) of the Firearms Act 1996. 49T. Safekeeping of firearms during carriage Offences under section 126(3) of the Firearms Act 1996. 49U. Use of firearm by person other than possessor Offences under section 127(2A) and (3) of the Firearms Act 1996. 49UA. Offence to use firearm held under a firearms collectors licence Offences under section 127A(1) of the Firearms Act 1996. 49UAB. Offence for unlicensed person to store in an insecure manner Offences under section 129A of the Firearms Act 1996. 49V. Carriage and use of firearms Offences under section 132(2) of the Firearms Act 1996. 49W. Offence to alter a firearm Offences under subsection (1), (2) and (3) of section 134 of the Firearms Act 1996. 49WA. Offence to possess a firearm that has been altered in a particular way Offences under section 134C of the Firearms Act 1996. 49X. Offence to own a firearm without a licence to possess Offences under section 135(3) of the Firearms Act 1996. 49Y. Offence to dispose of a firearm to a minor Offences under section 136 of the Firearms Act 1996. 49Z. Offence to alter documents Offences under section 137 of the Firearms Act 1996. 49ZA. False entries in registers Offences under section 138 of the Firearms Act 1996. 49ZB. Offence to make false or misleading statement or to use false or misleading information Offences under section 140A(1), (2) or (3) of the Firearms Act 1996. * * * * * 51. Killing, taking, etc. whales Offences under section 76(1), (2), (2A) and (5) of the Wildlife Act 1975, but subject to section 85 of that Act. * * * * * 52A. Equipment (Public Safety) Act 1994 Indictable offences under the Equipment (Public Safety) Act 1994, but the maximum penalty that the Court may impose is- (a) in the case of a natural person, 240 penalty units; and (b) in the case of a body corporate, 1200 penalty units. 53. Occupational Health and Safety Act 2004 Indictable offences under the Occupational Health and Safety Act 2004 but the maximum penalty that the Court may impose is- (a) in the case of a natural person, 240 penalty units; and (b) in the case of a body corporate, 1200 penalty units. 53A. Dangerous Goods Act 1985 Indictable offences under the Dangerous Goods Act 1985, but the maximum penalty that the Court may impose is- (a) in the case of a natural person, 240 penalty units; and (b) in the case of a body corporate, 1200 penalty units. 53B. Radiation Act 2005 Indictable offences under the Radiation Act 2005 but the maximum penalty that the Court may impose is- (a) in the case of a natural person, 240 penalty units; and (b) in the case of a body corporate, 1200 penalty units. * * * * * 54A. Health Services Act 1988 Indictable offences under the Health Services Act 1988. 55. Aggravated pollution Offences under section 59E of the Environment Protection Act 1970 but the maximum penalties that the Court may impose are imprisonment for a period not exceeding 2 years or a fine of not more than 1000 penalty units or both. 55A. Rail Safety Act 2006 Indictable offences under the Rail Safety Act 2006 but the maximum penalty that the Court may impose is- (a) in the case of a natural person, 240 penalty units; and (b) in the case of a body corporate, 1200 penalty units. 55B. Road Management Act 2004 Indictable offences under section 48B, 48C or 48D of the Road Management Act 2004 but the maximum penalty that the Court may impose is- (a) in the case of a natural person, 240 penalty units; and (b) in the case of a body corporate, 1200 penalty units. 56. Marine Act Indictable offences under the Marine Act 1988, but subject to section 110 of that Act. 56A. Pollution of Waters by Oil and Noxious Substances Act Indictable offences under the Pollution of Waters by Oil and Noxious Substances Act 1986, but subject to section 24C of that Act. 56B. Crimes Act Offences under section 31A of the Crimes Act 1958. 56C. Electricity Industry Act 2000 Offences by a body corporate under section 97(7) of the Electricity Industry Act 2000, offences under section 93A(1) or (2) or 97(11) of that Act but the maximum penalty that the Court may impose in respect of offences under section 93A(1) or (2) is- (a) in the case of a natural person, 240 penalty units; and (b) in the case of a body corporate, 1200 penalty units. 56D. Electricity Safety Act 1998 Offences under section 141A of the Electricity Safety Act 1998. 56E. Gas Industry Act 2001 Offences by a body corporate under section 208(5) of the Gas Industry Act 2001 and offences under section 149A(1) or (2), 186(9) or 210(1) of that Act but the maximum penalty that the Court may impose in respect of offences under section 149A(1) or (2) is- (a) in the case of a natural person, 240 penalty units; and (b) in the case of a body corporate, 1200 penalty units. 56F. Gas Safety Act 1997 Offences under section 107 of the Gas Safety Act 1997. 56G. Water Act 1989 Indictable offences under section 137A(1) or (2) of the Water Act 1989 but the maximum penalty that the Court may impose is- (a) in the case of a natural person, 240 penalty units; and (b) in the case of a body corporate, 1200 penalty units. 56H. Water Industry Act 1994 Indictable offences under section 62A(1) or (2) of the Water Industry Act 1994 but the maximum penalty that the Court may impose is- (a) in the case of a natural person, 240 penalty units; and (b) in the case of a body corporate, 1200 penalty units. 57. Incitement Offences under section 321G of the Crimes Act 1958 which are alleged to have been committed in relation to an indictable offence to which section 53(1) of this Act applies. 58. Attempts Offences under section 321M of the Crimes Act 1958 which are alleged to have been committed in relation to an indictable offence to which section 53(1) of this Act applies. 59. Accessories Offences under section 325 of the Crimes Act 1958 which are alleged to have been committed in relation to a serious indictable offence (within the meaning of that section) to which section 53(1) of this Act applies. 60. Concealing offences for benefit Offences under section 326(1) of the Crimes Act 1958 which are alleged to have been committed in relation to a serious indictable offence (within the meaning of that section) to which section 53(1) of this Act applies. 61. Heritage Act 1995 Indictable offences under Part 4, Part 5 and Part 8 of the Heritage Act 1995. 62. Infertility Treatment Act Indictable offences under the Infertility Treatment Act 1995. 63. Juries Act 2000 Offences under sections 66(1), 77(1), 78(1), 78(2) and 78(6) of the Juries Act 2000. 63A. Environment Protection Act 1970 Indictable offences (other than an offence under section 59E) under the Environment Protection Act 1970, but the maximum fine that the Court may impose in respect of a single offence is 1000 penalty units. 64. Food Act 1984 Indictable offences under the Food Act 1984, but the maximum fine that the court may impose in respect of a single offence is- (a) in the case of a corporation, 2000 penalty units; (b) in any other case, 600 penalty units. 65. Major Sporting Events Act 2009 (1) Indictable offences under Part 9 of the Major Sporting Events Act 2009, but the maximum fine that the Court may impose in respect of a single offence under this clause is- (a) 300 penalty units in the case of a natural person; or (b) 1500 penalty units in the case of a body corporate. (2) An offence against section 125 of the Major Sporting Events Act 2009. 66. Australian Crime Commission (State Provisions) Act 2003 Indictable offences under the Australian Crime Commission (State Provisions) Act 2003, but the maximum penalty that the Court may impose in respect of a single offence is a fine not exceeding $2200 or imprisonment for a period not exceeding one year. 67. Tobacco Act 1987 Offences against sections 6(2D), 7(5), 8(3) and 9(5) of the Tobacco Act 1987. * * * * * 69. Police Regulation Act 1958 Offences under section 127A(1AB) of the Police Regulation Act 1958. 70. Sex Offenders Registration Act 2004 Offences under section 46(1) of the Sex Offenders Registration Act 2004. __________________ Magistrates' Court Act 1989 - SCHEDULE 5 Section 56 PROVISIONS APPLICABLE TO COMMITTAL PROCEEDINGS 1. Definitions and provision about service (1) In this Schedule- cognitive impairment includes impairment because of mental illness, intellectual disability, dementia or brain injury; committal mention date means the date on which a committal mention hearing is held under clause 4; prescribed means prescribed by the Rules; registrar means the registrar at the venue of the Court at which a committal proceeding is to be held. (2) If a legal practitioner has filed an appearance on behalf of a defendant or has given notice in writing to the registrar that he or she is representing a defendant or is willing to accept service of documents on behalf of a defendant, a document required by this Schedule to be served personally on the defendant must be taken to have been duly served on the defendant if it is served on that legal practitioner by- (a) leaving it at the business address of that practitioner with a person who apparently works there and who apparently is not less than 16 years of age; or (b) sending it by registered post to that practitioner at that practitioner's business address. 2. Power of Court to control committal proceedings Without limiting its powers under section 136 or prejudicing the need for the defendant to be dealt with fairly, the Court may at any stage of a committal proceeding give any direction for the conduct of the proceeding which it considers to be consistent with the interests of justice and conducive to- (a) defining the issues in the proceeding; or (b) the prompt and efficient disposal of the proceeding. 2A. Power to dispose with requirements where corporate defendant absent Without limiting clause 2, if the Court conducts a committal proceeding in the absence of a defendant that is a body corporate, it may dispense with or vary any requirement imposed by or under this Schedule as necessary having regard to the absence of the defendant. 3. Special mention hearing (1) The purposes of a special mention hearing are to- (a) ensure that the Court can adequately control and oversee the progress of the committal proceeding; (b) provide an opportunity for the Court to set timetables for the expeditious and efficient progress of the committal proceeding; (c) enable the expeditious committal of a defendant for trial if the defendant indicates an intention to plead guilty to the offence; (d) provide an opportunity for a matter to be dealt with without the necessity to hold a committal proceeding. (2) A date for a special mention hearing may be fixed in accordance with the Rules. (3) More than one special mention hearing may be held in the course of a committal proceeding. (4) Unless excused by the Court- (a) the informant or his or her representative; and (b) the defendant and the legal practitioners representing the defendant- must attend a special mention hearing. (5) A special mention hearing may be cancelled in accordance with the Rules. 4. Committal mention hearing (1) At a committal mention hearing the Court may- (a) immediately determine the committal proceeding; (b) determine any application for a summary hearing under section 53(1) or offer a summary hearing under that section; (c) hear and determine an application for leave to cross-examine a witness notice of which was given under clause 12(1); (d) hear and determine any objection to disclosure of material; (e) subject to subclause (7), adjourn the hearing of the committal proceeding to enable the defendant to obtain legal representation or for any other reason; (f) fix another committal mention date. (2) A committal mention hearing must be held in accordance with the Rules within- (a) the period of 3 months after the commencement of the proceeding for the offence if the offence is- (i) an offence against section 38, 39 (if the complainant was under the age of 16 at the time of the alleged offence), 44, 45, 46, 47, 47A, 51, 52 or 57 of the Crimes Act 1958; or (ii) an offence of attempting to commit an offence referred to in subparagraph (i); or (iii) an offence of committing an assault with intent to commit an offence referred to in subparagraph (i); or (b) in the case of any other offence, the period of 6 months after the commencement of the proceeding for the offence- or any other period fixed by the Court under subclause (3). (3) The Court may fix a longer or shorter period for the holding of a committal mention hearing but cannot do so after the period referred to in subclause (2)(a) or (b) (as the case requires), or any other period previously fixed under this subclause, has expired unless the Court is satisfied that, having regard to all the circumstances of the case including the seriousness of the offence and the overall interests of justice, another period should be fixed because of the existence of exceptional circumstances or another good and sufficient reason. (4) Subclause (2) does not apply- (a) if the defendant has failed to appear in accordance with the conditions of his or her bail; or (b) if a warrant to arrest the defendant has been issued and at the end of the period referred to in subclause (2)(a) or (b) (as the case requires) from the commencement of the proceeding for the offence the defendant has not been arrested; or (c) if the defendant requests that a committal mention hearing be held after the period referred to in subclause (2)(a) or (b) (as the case requires) and the Court is satisfied that in the interests of justice the request should be granted. (5) If a committal mention hearing has not been held before the period referred to in subclause (2)(a) or (b) (as the case requires), or any other period fixed under subclause (3), has expired, the Court may, on the application of the defendant, order the defendant to be discharged. (6) Unless excused by the Court- (a) the informant or his or her representative; and (b) the defendant and the legal practitioners representing the defendant- must attend a committal mention hearing. (7) The Court must, in considering whether to adjourn the hearing of a committal proceeding to enable the defendant to obtain legal representation, have regard to whether the defendant has made reasonable attempts to obtain legal representation. 4A. Committal case conference (1) The Court may direct the parties to a committal proceeding to attend a committal case conference to be conducted by a magistrate. (2) Wherever practicable, a committal case conference should be conducted on the committal mention date. (3) The purpose of a committal case conference is to assist in the effective management of the committal proceeding. (4) The legal practitioners representing the informant and the defendant must attend a committal case conference. 5. Plea brief may be served by informant (1) With the consent of the defendant, given in writing by the defendant if the defendant is not represented by a legal practitioner or, if the defendant is represented by a legal practitioner, given in writing by that legal practitioner to the informant and the Director of Public Prosecutions at any time before service of a hand-up brief under this Part, the informant may serve personally on the defendant a plea brief containing- (a) a copy of the charge-sheet relating to the offence; and (b) a statement of the material facts relevant to the charge; and (c) a copy of any statement relevant to the charge signed by the defendant, or a record of interview of the defendant, that is in the possession of the informant; and (d) a copy, or a transcript, of any tape-recording within the meaning of Subdivision (30A) of Division 1 of Part III of the Crimes Act 1958; and (e) a copy or statement of any other evidentiary material that is in the possession of the informant relating to a confession or admission relevant to the charge made by the defendant. (2) The informant must include in a plea brief a copy of any statement, that is in his or her possession and the contents of which would be admissible in evidence, made by an alleged victim of an offence to which the committal proceeding relates about the circumstances of the offence. (3) The informant may include in a plea brief any other statement relevant to the charge that the informant wants to include in the circumstances. (4) Clause 8 applies to a statement under subclause (2) or (3) in the same way that it applies to a statement that the informant intends to tender at the committal proceeding. (5) Service of a plea brief may be proved in any manner in which service of a summons to answer to a charge may be proved under section 35. (6) The informant must file a copy of the plea brief with the registrar, and forward another copy to the Director of Public Prosecutions, within 5 days after service of the brief on the defendant. 6. Service of hand-up brief by informant (1) Subject to subclause (2), the informant must serve on the defendant a hand-up brief which must contain- (a) a notice in the prescribed form- (i) specifying the committal mention date; and (ii) explaining the nature of a committal proceeding and the purpose of the various stages; and (iii) explaining the importance of the defendant obtaining legal representation, describing the effect of clause 4(7) and providing details of how to contact Victoria Legal Aid; and (b) a copy of the charge-sheet relating to the offence; and (c) a list of the persons who have made statements that the informant intends to tender at the committal proceeding together with copies of those statements; and (d) if a person has been examined under section 56A and the informant intends to tender a record of that examination at the committal proceeding, a transcript of the recording of the examination; and (e) a copy of any document that the informant intends to produce as evidence; and (f) a list of any things proposed to be tendered as exhibits; and (g) a photograph of any proposed exhibit that cannot be described in detail in the list; and (h) if the committal proceeding relates (wholly or partly) to a charge for- (i) a sexual offence; or (ii) an offence which involves an assault on, or injury or a threat of injury to, a person- a transcript of any audio or video recording of a kind referred to in section 37B(2) of the Evidence Act 1958 that the informant intends to tender at the committal proceeding; and (i) if the committal proceeding relates (wholly or partly) to a charge for a sexual offence, a copy of every statement made by the complainant to any member of the police force that relates to the offence with which the defendant is charged and contains an acknowledgment of its truthfulness; and (j) a description of any forensic procedure, examination or test that has not yet been completed and on which the informant intends to rely as tending to establish the guilt of the defendant; and (k) a list of any other statements or other documents that are capable of being admitted in evidence and are relevant to the charge that are available to the informant but on which the informant does not intend to rely; and (l) any other list of material required by the Rules to be included in a hand-up brief. (2) The informant is not required to serve a hand-up brief if he or she has served a plea brief under clause 5 and the defendant pleads guilty to the charge. (3) Nothing in this clause takes away from any duty otherwise imposed on the prosecution to disclose to the defence material relevant to a charge. 7. Time for service of hand-up brief (1) The hand-up brief must be served personally on the defendant or, if the defendant is represented by a legal practitioner, on that legal practitioner, at least 42 days before the committal mention date unless- (a) the Court fixes another period at a special mention hearing; or (b) the defendant consents in writing to a lesser period. (2) Service of a hand-up brief may be proved in any manner in which service of a summons to answer to a charge may be proved under section 35. (3) The informant must file a copy of the hand-up brief with the registrar, and forward another copy to the Director of Public Prosecutions, within 5 days after service of the brief on the defendant. (4) If a document a copy of which would have been required to be included, or material which would have been required to be listed, in a hand-up brief had it been in the informant's possession, or had the informant been aware of it, at the time of service of the hand-up brief, comes into the informant's possession or to his or her notice at any time thereafter, a copy of the document or the list (as the case requires) must be served on the defendant, and a copy filed with the registrar and another copy forwarded to the Director of Public Prosecutions, as soon as practicable after the document or material comes into the informant's possession or to his or her notice. 8. Rules with respect to statements (1) A statement that the informant intends to tender at the committal proceeding must be- (a) in the form of an affidavit; or (b) signed by the person making the statement and contain an acknowledgment signed by that person in the presence of a person, or a person belonging to a class of persons, prescribed by the Rules that the statement is true and correct and is made in the belief that a person making a false statement in the circumstances is liable to the penalties of perjury; or29 (c) in a form, and attested to in a manner, prescribed by the Rules. (2) A statement that the informant intends to tender at the committal proceeding must not disclose the address or telephone number (including a private, business or official address or telephone number) of the person who made the statement or of any other living individual unless- (a) the statement does not identify the address or telephone number as that of any particular person; or (b) the address or telephone number is a materially relevant part of the evidence; or (c) the Court permits the disclosure on an application made by the informant or the defendant- and, for this purpose, the informant may delete, or render illegible, an address or telephone number included in the statement or any copy of the statement before service on the defendant. (3) The Court may only grant an application made under subclause (2)(c) if satisfied that- (a) disclosure is not likely to present a reasonably ascertainable risk to the welfare or protection of any person; or (b) the interests of justice (including the defendant's right to prepare properly for the committal proceeding or for trial) outweigh any such risk. (4) Compliance, or a failure to comply, with subclause (2) does not affect the admissibility of a statement. (5) If a person under the age of 18 years makes a statement that the informant intends to tender at the committal proceeding, the statement must include the person's age. (6) If a person who cannot read makes a statement that the informant intends to tender at the committal proceeding- (a) the statement must be read to the person before he or she signs it; and (b) the acknowledgment must state that the statement was read to the person before he or she signed it. (7) A person who acknowledges a statement that the informant intends to tender at the committal proceeding and that the person knows at the time to be false is liable to the penalties of perjury. 9. Rules with respect to recordings (1) A transcript of an audio or video recording of an examination under section 56A or of the evidence-in-chief of a witness under section 37B of the Evidence Act 1958 must be accompanied by an affidavit sworn by the person who asked the questions, or made the recording, attesting to the accuracy of the recording. (2) A person who acknowledges the contents of a recording that the informant intends to tender at the committal proceeding and that the person knows at the time to be false may be dealt with as if the contents of the recording had been evidence given in court. 10. Inspection of exhibits The defendant may inspect the exhibits at a time and place agreed between the defendant and the informant. 10A. Time limit applicable to certain committal proceedings (1) This clause applies to a committal proceeding for a sexual offence if- (a) the complainant is a child or a person with a cognitive impairment; and (b) a witness, other than the complainant, is to be cross-examined in the proceeding. (2) The Court must determine a committal proceeding within the period of 60 days after the committal mention date or the final committal mention date if more than one committal mention hearing is held. (3) The Court may fix a longer or shorter period for the determination of a committal proceeding but cannot do so unless the Court is satisfied that, having regard to all the circumstances of the case including the seriousness of the offence and the overall interests of justice, another period should be fixed because of the existence of exceptional circumstances or another good and sufficient reason. (4) Subclause (2) does not apply- (a) if the defendant has failed to appear in accordance with the conditions of his or her bail; or (b) if a warrant to arrest the defendant has been issued and at the end of the relevant period referred to in clause 4(2) from the commencement of the proceeding for the offence the defendant has not been arrested; or (c) if the defendant requests that the committal proceeding be determined after the period referred to in subclause (2) and the Court is satisfied that in the interests of justice the request should be granted. (5) If a committal proceeding has not been determined before the expiry of the period referred to in subclause (2), or any other period fixed under subclause (3), the Court may, on the application of the defendant, order the defendant to be discharged. 11. Procedure where plea brief served and filed (1) If a plea brief is served under clause 5, then on the committal mention date or at a special mention hearing held after the filing of a copy of the brief under clause 5(6), the Court must- (a) caution the defendant in the prescribed manner and inform the defendant of the options set out in section 398 of the Crimes Act 1958 and of the provisions of section 399A of that Act and, if relevant, of Rules (5) to (5C) in section 37A(1) of the Evidence Act 1958; and (b) if the defendant pleads guilty to the charge to which the committal proceeding relates and, in the opinion of the Court, the evidence is of sufficient weight to support a conviction for the offence with which the defendant is charged, commit the defendant for trial. (2) If the defendant does not plead guilty to the charge to which the committal proceeding relates, the Court must direct the informant to prepare and serve a hand-up brief. 11AA. Case direction notices (1) If a hand-up brief is served under clause 6, the defendant and the Director of Public Prosecutions must jointly file with the registrar a case direction notice no later than 7 days before the committal mention date. (2) A case direction notice- (a) must be in the prescribed form; (b) must specify the procedure by which it is proposed that the matter be dealt with or indicate whether an adjournment of the hearing of the committal proceeding would assist the parties in determining how the matter should be dealt with; (c) must state the names of any witnesses that the defendant intends to seek leave to cross-examine and specify in respect of each such witness whether the informant consents to or opposes leave being granted; (d) if the informant opposes leave being granted to cross-examine a specified witness, must state- (i) any issue identified by the defendant to which the proposed questioning relates and any reason provided by the defendant as to why the evidence of the witness is relevant to that issue; and (ii) why cross-examination of the witness on that issue is justified; and (iii) why the informant opposes leave being granted; (e) may include any thing required or permitted to be included in a notice under clause 12(1); (f) must be signed by or on behalf of the defendant and the Director of Public Prosecutions. (3) If the defendant is not represented by a legal practitioner and does not sign a case direction notice, the Director of Public Prosecutions must file the case direction notice in accordance with this clause despite it not being signed by or on behalf of the defendant and despite (if that be the case) the defendant not having participated in any discussion or other activity connected with its preparation. (4) Nothing in this clause prevents the Court, in the interests of justice, allowing the defendant to apply for leave to cross-examine a witness after the expiry of the period for filing a case direction notice stating that intention under this clause but, in considering that application, the Court may take account of the failure to state that intention in a case direction notice and any reason for that failure. (5) If the Court allows a defendant to apply for leave to cross-examine a witness in the circumstances referred to in subclause (4), the defendant and the Director of Public Prosecutions must jointly file with the registrar another case direction notice no later than 7 days before the next committal mention date or within such other period as is fixed by the Court. (6) Subclause (2)(b) does not apply to a case direction notice required to be filed under subclause (5). (7) If the Court at any time fixes another committal mention date, the Court may direct that another case direction notice is to be jointly filed with the registrar by the defendant and the Director of Public Prosecutions no later than 7 days before that committal mention date or within such other period as is fixed by the Court and may give any direction that it thinks fit as to the matters to be dealt with by that case direction notice. 11AB. Adjournment in absence of parties (1) If the parties have indicated in a case direction notice under clause 11AA that an adjournment of the hearing of the committal proceeding would assist them in determining how the matter should be dealt with, the Court may, without requiring the attendance of the informant or the defendant, if satisfied that it is in the interests of justice to do so- (a) adjourn the hearing for up to 14 days and fix another committal mention date; and (b) if the defendant has been granted bail in respect of the committal proceeding- (i) excuse him or her from appearing on the date on which he or she was bailed to appear; and (ii) extend his or her bail to the committal mention date fixed under paragraph (a). (2) If the Court extends bail under subclause (1)(b)(ii) it must cause to be given to the defendant and the surety or sureties, if any, for the appearance of the defendant notice in writing stating that- (a) bail has been extended by the Court in the absence of the defendant and the surety; and (b) the date, time and place at which the defendant is bound to attend; and (c) the consequences of failure to attend at that time and place. 11A. No cross-examination of certain witnesses Despite anything to the contrary in this Part, the Court must not grant leave to cross-examine a witness who- (a) is a complainant in a legal proceeding that relates (wholly or partly) to a charge for a sexual offence; and (b) was a child or a person with a cognitive impairment at the time at which the proceeding was commenced; and (c) made a statement a copy of which was served in the hand-up brief or a transcript of a recording of whose evidence-in-chief or examination under section 56A was served in the hand-up brief. 12. Defence notice (1) If a hand-up brief is served under clause 6, the defendant may, no later than 7 days before the committal mention date, give notice in writing to the informant, the Director of Public Prosecutions and the registrar stating- * * * * * (b) that the defendant requires specified items as listed in the hand-up brief in accordance with clause 6(1)(j), (k) or (l) to be produced for inspection or a copy given to the defendant on or before the committal mention date; (c) that the defendant is prepared, or is not prepared, to proceed, or proceed further, with the hearing of the committal proceeding while a forensic procedure, examination or test described in the hand-up brief in accordance with clause 6(1)(j) remains uncompleted. (2) The defendant must include in the notice under subclause (1) any other thing required by the Rules to be included. * * * * * (3) Subject to subclause (4)(a), the informant must comply with any reasonable request under subclause (1)(b) for a copy of an item but, if the informant considers that it is not reasonable to copy the item owing to its size or nature, the informant must allow the defendant to inspect it on or before the committal mention date. (4) Nothing in this clause- (a) prevents the informant objecting to the production of any item requested under subclause (1)(b) on any ground on which the informant might object if production of the item were sought by a witness summons; or (b) prevents the defendant applying for the issue of a witness summons in respect of any item listed in the hand-up brief in accordance with clause 6(1)(j), (k) or (l); or (c) requires the informant to produce any item referred to in paragraph (b) if its production is not requested under subclause (1)(b) or a witness summons is not issued in respect of it, unless the Court otherwise orders; or (d) prevents the Court or the informant proceeding, or proceeding further, with the hearing of the committal proceeding irrespective of any statement included by the defendant in the notice under subclause (1)(c). * * * * * 13. Application for leave to cross-examine a witness (1) This clause applies to a witness who made a statement a copy of which was served in the hand-up brief or a transcript of a recording of whose evidence-in-chief or examination under section 56A was served in the hand-up brief. (2) A witness to whom this clause applies cannot be cross-examined without leave. (3) Subclause (2) also applies to any oral evidence-in-chief supplementary to the statement or recording that the witness may give with the leave of the Court. (4) In determining whether to grant leave to cross-examine a witness to whom this clause applies, the Court may have regard to whether the informant consents to or opposes leave being granted. (4A) If the informant consents to leave being granted to cross-examine a witness, the Court must grant leave unless it is of the opinion that it is inappropriate to do so. (5) The Court must not grant leave to cross-examine a witness to whom this clause applies unless satisfied that- (a) the defendant has identified an issue to which the proposed questioning relates and has provided a reason why the evidence of the witness is relevant to that issue; and (b) cross-examination of the witness on that issue is justified. (5A) In determining whether cross-examination is justified the Court must have regard to the need to ensure that- (a) the prosecution case is adequately disclosed; and (b) the issues are adequately defined; and (c) the evidence is of sufficient weight to support a conviction for the offence with which the defendant is charged; and (d) a fair trial will take place if the matter proceeds to trial, including that the defendant is able adequately to prepare and present a defence; and (e) matters relevant to a potential plea of guilty are clarified; and (f) matters relevant to a potential nolle prosequi are clarified; and (g) trivial, vexatious or oppressive cross-examination is not permitted; and (h) the interests of justice are otherwise served. (5B) In addition to the requirements of subclause (5A), if the witness is under 18 years of age the Court must have regard to the following matters- (a) the need to minimise the trauma that might be experienced by the witness in giving evidence; and (b) any relevant condition or characteristic of the witness, including, age, culture, personality, education and level of understanding; and (c) any mental, intellectual or physical disability to which the witness is or appears to be subject and of which the Court is aware; and (d) the importance of the witness to the case for the prosecution; and (e) the existence, or lack, of evidence that corroborates the proposed evidence of the witness; and (f) the extent of any proposed admissions; and (g) the probative value of the proposed evidence of the witness; and (h) the issues likely to be in dispute; and (i) the weight of the proposed evidence of the witness; and (j) any statements of other witnesses that contradict the proposed evidence of the witness. (5C) Subject to clause 16, a defendant who obtains leave to cross-examine a witness is not limited to cross-examining the witness on the issue with respect to which leave was obtained. (6) Subject to clause 14(1), a witness to whom this clause applies is not required to attend a committal proceeding. 14. Attendance of witnesses (1) If leave is granted to cross-examine a witness to whom clause 13 applies or to call such a witness to give oral evidence-in-chief, the witness must attend on the date to which the hearing of the proceeding is adjourned for the witness to give evidence and, if he or she does not do so, his or her statement or recorded evidence or examination is inadmissible in evidence. (2) If a witness who is required to attend a committal proceeding does not attend, the Court may- (a) adjourn the proceeding; or (b) cause a warrant to arrest or summons to be issued to compel the attendance of the witness; or (c) continue the committal proceeding in the absence of the witness if satisfied that it would not be unfair to the defendant to do so. (3) A witness who is required to attend a committal proceeding must attend on any date to which the hearing of the proceeding is adjourned unless excused from attendance by the Court. 15. Giving of evidence by witnesses (1) If the Court grants leave for the cross-examination of a witness to whom clause 13 applies, the witness must confine his or her evidence-in-chief to identifying himself or herself and attesting to the truthfulness of the statement or of the contents of the recording. (1A) The Court may, on application made by or on behalf of the informant or the defendant, permit a statement or the contents of a recording to be read out in full in the court room before the witness is asked to attest to its truthfulness or is cross-examined if the Court is satisfied that it is in the interests of justice to do so. (2) With the leave of the Court, the prosecution may call- (a) a witness to whom clause 13 applies- (i) to give the whole of his or her evidence-in-chief orally; or (ii) to give oral evidence-in-chief supplementary to the statement or recording (whether or not the statement or recording has been read out under subclause (1A)); or (b) any other witness to give oral evidence-in-chief. (3) In considering whether to grant leave under subclause (2), the Court must have regard to the interests of justice and must not, except where exceptional circumstances exist, grant leave for a witness to whom clause 13 applies to give the whole of his or her evidence-in-chief orally. (4) Subject to clause 13(2) and (3), a witness who gives evidence-in-chief may be cross-examined and re-examined. (5) Evidence given at a committal proceeding must be recorded in accordance with Part VI of the Evidence Act 1958. 16. Cross-examination of witnesses (1) Without limiting any other power that it has to forbid or disallow questions, the Court may disallow any question asked of a witness in the course of cross-examination of a witness in a committal proceeding if it appears to the Court- (a) that the defendant has not identified an issue to which the question relates and has not provided a reason why the evidence of the witness is relevant to that issue; or (b) that the question is not justified; or (c) that the question is unduly repetitive of an earlier question. (2) In determining whether a question is justified the Court must have regard to the need to ensure that- (a) the prosecution case is adequately disclosed; and (b) the issues are adequately defined; and (c) the evidence is of sufficient weight to support a conviction for the offence with which the defendant is charged; and (d) a fair trial will take place if the matter proceeds to trial, including that the defendant is able adequately to prepare and present a defence; and (e) matters relevant to a potential plea of guilty are clarified; and (f) matters relevant to a potential nolle prosequi are clarified; and (g) trivial, vexatious or oppressive questioning is not permitted; and (h) the interests of justice are otherwise served. (3) In addition to the requirements of subclause (2), if the witness is under 18 years of age the Court must have regard to the following matters- (a) the need to minimise the trauma that might be experienced by the witness in giving evidence; and (b) the need to prevent the witness being asked a question that is- (i) misleading or confusing; or (ii) phrased in inappropriate language; or (iii) unduly annoying, harassing, intimidating, offensive, oppressive or repetitive; and (c) any relevant condition or characteristic of the witness, including, age, culture, personality, education and level of understanding; and (d) any mental, intellectual or physical disability to which the witness is or appears to be subject and of which the Court is aware; and (e) the importance of the witness to the case for the prosecution; and (f) the existence, or lack, of evidence that corroborates the proposed evidence of the witness; and (g) the extent of any admissions; and (h) the probative value of the proposed evidence of the witness; and (i) the issues in dispute; and (j) the weight of the proposed evidence of the witness; and (k) any statements of other witnesses that contradict the proposed evidence of the witness. 17. Special rules applicable to sexual offences (1) This clause applies to a committal proceeding relating to a charge for a sexual offence, whether or not the committal proceeding relates to any other charge against the same or any other person and whether or not it is alleged that there are aggravating circumstances. (2) The informant must be represented by a legal practitioner. (3) While the complainant is giving evidence or a recording of the evidence of the complainant or of his or her examination under section 56A is being played, only the following may be present- (a) the informant; (b) the defendant; (c) a person whom the complainant wishes to have present for the purpose of providing emotional support to him or her and who is reasonably available and approved by the court to be present; (d) the legal practitioners and their clerks acting for the prosecution and the defence; (e) the court officials whose presence is required; (f) authorized officers within the meaning of the Court Security Act 1980 whose presence is required for court security purposes; (g) any person recording the evidence in accordance with Part VI of the Evidence Act 1958; (h) other persons who have been authorised by the Court to be present. (4) The Court must give reasons for authorising a person to be present under subclause (3)(h). 18. Admissibility of non-oral evidence (1) On proof of their service on the defendant in accordance with Part 3 the following are, subject to subclauses (2) and (3), admissible as if their contents were a record of evidence given orally- (a) any statement the truthfulness of which has been attested to; (b) subject to clause 14(1), any other statement a copy of which has been served in the hand-up brief; (c) any exhibit or document referred to in a statement which is admissible; (d) any recording the truthfulness of the contents of which has been attested to; (e) any other recording a transcript of which has been served in the hand-up brief. (2) The Court may rule as inadmissible the whole or any part of- (a) a statement; or (b) any exhibit or document referred to in a statement; or (c) the contents of a recording. (3) A recording, a transcript of which has been served in the hand-up brief, is only admissible if it is proved that the defendant and his or her legal practitioner were given a reasonable opportunity to listen to and, in the case of a video recording, view the recording. 19. Procedure if defendant makes admission of relevant fact or matter (1) If under section 149A of the Evidence Act 1958 a defendant makes, during a committal proceeding, an admission of any fact or matter that is relevant in the proceeding, the Court must cause the admission to be included in the record of the proceeding. (2) An admission made by a defendant during a committal proceeding may be used in evidence at the subsequent trial. 20. Absence of defendant (1) If the Court- (a) has commenced to conduct a committal proceeding; and (b) is satisfied that there are special circumstances in respect of a defendant; and (c) is of the opinion that the committal proceeding cannot be postponed without undue prejudice or inconvenience to the prosecution or any other defendant or any witness- the Court may, on application made by or on behalf of a defendant, authorise the defendant to be absent from the committal proceeding for a period fixed by the Court, subject to any conditions, limitations or restrictions that the Court imposes. (2) If, during a committal proceeding, a defendant- (a) absconds; or (b) behaves in a manner necessitating the defendant's removal from the court room and the Court orders the defendant to be removed; or (c) is authorised under subclause (1) to be absent; or (d) is absent for any other reason- the Court may continue the committal proceeding in the absence of the defendant if the Court is of the opinion that the committal proceeding cannot be postponed without undue prejudice or inconvenience to the prosecution or any other defendant or any witness. 21. Procedure if defendant absent at close of prosecution case If- (a) a committal proceeding is continued in the absence of a defendant; and (b) the defendant is not present when the evidence for the prosecution is concluded- the Court must, unless it makes an order under clause 23(2)(a) for the defendant to be discharged- (c) postpone the committal proceeding until the defendant is present; or (d) if any other defendant is present, postpone the committal proceeding in respect of the charge against the absent defendant. 22. Procedure on defendant's attendance after absence If a defendant- (a) has been absent from a committal proceeding; and (b) was not represented by a legal practitioner during the absence- then, on the defendant's attendance, the Court- (c) must direct that- (i) the record of evidence be played or the shorthand notes be read in the presence of the defendant; or (ii) the defendant be supplied with a transcript of the evidence; and (d) may, on the application of the defendant, recall for further examination any witness who gave oral evidence during the defendant's absence. 23. Determination of committal proceeding (1) After the evidence for the prosecution is concluded, the Court must enquire whether the defence intends to call any witness or make any submission. (2) If the defence indicates that it does not intend to call any witness or make any submission, the Court must- (a) if in its opinion the evidence is not of sufficient weight to support a conviction for any indictable offence, order the defendant to be discharged; or (b) if in its opinion the evidence is of sufficient weight to support a conviction for the offence with which the defendant is charged- (i) caution the defendant in the prescribed manner; and (ii) inform the defendant of the options set out in section 398 of the Crimes Act 1958 and of the provisions of section 399A of that Act and, if relevant, of Rules (5) to (5C) in section 37A(1) of the Evidence Act 1958; and (iii) commit the defendant for trial; or (c) if in its opinion the evidence is of sufficient weight to support a conviction for an indictable offence other than that with which the defendant is charged, direct the informant to prepare a charge for that offence and cause the defendant to be charged with that offence and then proceed in accordance with paragraph (b)(i) and (ii) and commit the defendant for trial. (3) At the conclusion of the evidence of the witness or witnesses called by the defence or any submissions made by the defence, the Court must- (a) if in its opinion the evidence is not of sufficient weight to support a conviction for any indictable offence, order the defendant to be discharged; or (b) if in its opinion the evidence is of sufficient weight to support a conviction for the offence with which the defendant is charged, proceed in accordance with subclause (2)(b)(i) and (ii) and commit the defendant for trial; or (c) if in its opinion the evidence is of sufficient weight to support a conviction for an indictable offence other than that with which the defendant is charged- (i) direct the informant to prepare a charge for that offence and cause the defendant to be charged with that offence; and (ii) proceed in accordance with subclause (2)(b)(i) and (ii) and commit the defendant for trial. 24. Procedure after committal (1) On committing a defendant for trial the Court must- (aa) in the manner prescribed by the rules of court- (i) ask the defendant whether the defendant pleads guilty or not guilty to the charge; and (ii) inform the defendant that the sentencing court may take into account a plea of guilty and the stage in the proceeding at which the plea or an intention to plead guilty is indicated; and (a) if the defendant was not represented by a legal practitioner in the committal proceeding, explain to the defendant the importance of obtaining legal representation for the trial; and (b) if the defendant is a natural person, remand the defendant in custody, or grant bail, until trial or a date before trial fixed by the Court; and (ba) if the defendant is a body corporate, order the defendant to appear, by a representative or a legal practitioner, at its arraignment; and (c) warn the defendant that if he or she wishes to be legally aided, that it is the defendant's responsibility to make application to Victoria Legal Aid as soon as possible. (2) After committal the registrar must forward to the Director of Public Prosecutions- (a) a copy of any plea brief filed in the Court in the proceeding; and (b) the depositions; and (c) all exhibits which have remained in the custody of the Court; and (d) copies of all process filed in the Court in the proceeding; and (e) copies of all bail undertakings in the proceeding. (3) A defendant committed for trial is entitled as soon as possible after being committed- (a) to receive free of charge from the Director of Public Prosecutions- (i) a copy of the depositions; and (ii) subject to this Schedule and the regulations made under section 152 of the Evidence Act 1958, a copy of any exhibit not previously supplied to the defendant, if in the opinion of the Director of Public Prosecutions it is reasonable to provide a copy for the preparation of the defence; and (b) to examine any exhibits. * * * * * (9) The magistrate who conducted the committal proceeding may make a recommendation to the court in which the presentment is filed that a directions hearing under section 5 of the Crimes (Criminal Trials) Act 1999 may be desirable. 24AA. Absent corporate defendant to be notified of committal (1) The Director of Public Prosecutions must, after a defendant that is a body corporate is committed for trial at a committal proceeding from which the defendant has been absent, serve on the defendant within 14 days after the committal a notice stating- (a) that the defendant has been committed for trial on a specified charge or specified charges; and (b) that the Court has ordered the defendant to appear, by a representative or a legal practitioner, at its arraignment and that it is an offence not to comply with that order; and (c) the date and time at which the defendant must appear at its arraignment; and (d) that if the defendant does not appear at its arraignment the trial court may proceed to hear and determine the charge in its absence. (2) If the defendant is a company or registered body (within the meaning of the Corporations Act), a notice under subsection (1) may be served on the defendant in accordance with section 109X or 601CX of that Act, as the case requires. 24A. Evidence taken after accused person directed to be tried (1) If a defendant has been committed for trial, the Director of Public Prosecutions or the defendant may apply to the Court for an order that the evidence of a person be taken at a time and place fixed by the Court. (2) An applicant for an order under subsection (1) must give notice of the application, in the form prescribed by the Rules, to the other party no later than 14 days before the hearing of the application or such lesser period before then as is agreed to by the other party. (3) The Director of Public Prosecutions or the defendant (as the case requires) to whom notice of an application under subsection (1) is given may attend the hearing of the application and address the Court on it. (4) The Court must not make an order under subclause (1) in respect of a person who- (a) was examined as a witness at the committal proceeding; or (b) made a statement the contents of which were admitted as a record of evidence at the committal proceeding under clause 18(1)(a) or (b); or (c) gave evidence-in-chief in accordance with section 37B of the Evidence Act 1958 and the contents of the recording were admitted as a record of evidence at the committal proceeding under clause 18(1)(d)- unless the person subsequently makes a statement or a supplementary statement the truthfulness of which has been attested to. (5) The Court must not make an order under subclause (1) in respect of a person who subsequently makes a statement or a supplementary statement unless it is satisfied that in relation to that statement- (a) there is an issue to which the evidence proposed to be taken relates; and (b) there is a reason as to why the evidence of the person is relevant to that issue; and (c) taking of evidence from the person is justified. (6) In determining whether the taking of evidence from the person is justified the Court must have regard to the need to ensure that- (a) the prosecution case is adequately disclosed; and (b) the issues are adequately defined; and (c) a fair trial will take place if the matter proceeds to trial, including that the defendant is able adequately to prepare and present a defence; and (d) matters relevant to a potential plea of guilty are clarified; and (e) matters relevant to a potential nolle prosequi are clarified; and (f) trivial, vexatious or oppressive taking of evidence is not permitted; and (g) the interests of justice are otherwise served. (7) In addition to the requirements of subclause (6), if the witness is under 18 years of age the Court must have regard to the following matters- (a) the need to minimise the trauma that might be experienced by the witness in giving evidence; and (b) any relevant condition or characteristic of the witness, including, age, culture, personality, education and level of understanding; and (c) any mental, intellectual or physical disability to which the witness is or appears to be subject and of which the Court is aware; and (d) the importance of the witness to the case for the prosecution; and (e) the existence, or lack, of evidence that corroborates the proposed evidence of the witness; and (f) the extent of any proposed admissions; and (g) the probative value of the proposed evidence of the witness; and (h) the issues in dispute; and (i) the weight of the proposed evidence of the witness; and (j) any statements of other witnesses that contradict the proposed evidence of the witness. (8) If the Director of Public Prosecutions or the defendant obtains an order under subclause (1), the other party may attend the hearing of the proceeding and address the Court. (9) If the defendant obtains an order under subclause (1) with respect to the examination of a prosecution witness, the informant must ensure that the witness attends at a time and place fixed by the Court for examination. (10) The Court may, on making an order under subsection (1) or at the examination, make any order it considers necessary or in the interests of justice with respect to the examination or cross-examination of the person giving evidence under this clause. (11) A person cross-examining a witness giving evidence under this clause is not limited to cross-examining the witness on the issue with respect to which the order was made under subclause (1). (12) Clause 16 applies in relation to the cross-examination of a person giving evidence under this clause as if the person were a witness in the course of cross-examination in a committal proceeding. (13) The evidence of a person given under this clause must be given and recorded in the same manner as evidence at a committal proceeding. (14) The record of the evidence of any person given under this clause must be forwarded as soon as possible by the registrar at the venue of the Court at which the committal proceeding was held to the Director of Public Prosecutions and has effect and must be treated as if it were a record of evidence given at the committal proceeding. 24B. Offence to fail to appear at trial A body corporate must comply with an order made under clause 24(1)(ba). Penalty: 240 penalty units. 25. Costs order Without limiting its discretion under section 131(1), the Court may take into account, in determining whether to award costs against a party, any unreasonable failure on the part of the party to comply with the requirements of this Schedule, or with any order made by the Court under this Schedule, that it is satisfied resulted in prolonging the proceeding. * * * * * _______________ Magistrates' Court Act 1989 - SCHEDULE 6 Section 88 PROCEDURE ON APPEALS TO THE COUNTY COURT 1. Service of notice of appeal (1) Notice of an appeal under section 83 or 84 must be given within 30 days after the day on which the sentencing order of the Magistrates' Court was made. (2) A notice of appeal given after the end of the period referred to in subclause (1) is deemed to be an application for leave to appeal on the grounds stated in the notice. (3) The County Court may grant leave to appeal under subclause (2) and the appellant may proceed with the appeal if- (a) it is of the opinion that the failure to give notice of appeal within the period referred to in subclause (1) was due to exceptional circumstances; and (b) it is satisfied that the respondent's case would not be materially prejudiced because of the delay. (4) Notice of appeal is given by filing with the registrar of the Magistrates' Court at any venue of the Court a notice in the form prescribed by the rules of the County Court and stating the general grounds of appeal and serving a copy of the notice on the respondent in accordance with clause 5. (4A) A notice of appeal under section 83 must include a statement in the form approved by the Chief Judge of the County Court signed by the appellant to the effect that the appellant is aware that on the appeal the County Court may make a sentencing order more severe than that sought to be appealed against. (4B) Before accepting receipt of a notice of appeal under section 83 a registrar of the Magistrates' Court must- (a) give to the person seeking to file the notice of appeal a notice in the form approved by the Chief Judge of the County Court to the effect that on the appeal the County Court may make a sentencing order more severe than that sought to be appealed against; and (b) if the person seeking to file the notice of appeal is not the proposed appellant, be satisfied that the proposed appellant has signed the statement required to be included in the notice of appeal by subclause (4A). (5) A registrar who receives a notice of appeal under subclause (4) must forward a copy of it to the registrar of the County Court. (6) If the County Court is satisfied that- (a) a copy of a notice of appeal was served on the respondent; and (b) the appeal was not afterwards prosecuted or the County Court has no jurisdiction to hear and determine the appeal- the County Court may order the appellant to pay to the respondent any costs that it thinks reasonable. 2. Undertaking to prosecute appeal (1) A notice of an appeal under section 83 must include an undertaking signed by the appellant- (a) to appear at the County Court to prosecute the appeal at a place and on a day fixed or to be fixed by the registrar of the County Court and to be present in the County Court for the duration of the appeal; and (b) to notify forthwith the registrar of the County Court in writing of any change of address of the appellant from that appearing in the notice of appeal. (2) An undertaking under subclause (1) must be signed by the appellant in the presence of- (a) the registrar of the Magistrates' Court with whom the notice of appeal is filed; or (b) if the appellant is in a prison or youth justice centre or youth residential centre, the officer in charge of the prison or youth justice centre or youth residential centre or any prison officer of or above the rank of senior prison officer; or (c) if the appellant is in a police gaol, a member of the police force of or above the rank of sergeant or for the time being in charge of a police station. (3) If an appellant breaches an undertaking under subclause (1) or abandons an appeal under clause 6, the County Court may order the appellant to pay any costs incurred as a result of the breach or abandonment. (4) A corporation may sign a notice of appeal and enter into an undertaking under subclause (1) by a person duly appointed by the corporation to represent it for those purposes. 3. Stay of order (1) If an appellant is not in custody because of the sentencing order appealed against, the appeal operates as a stay of the sentencing order when the appellant files the notice of appeal and signs the undertaking referred to in clause 2(1). (2) If an appellant is in custody because of the sentencing order appealed against, the appeal operates as a stay of the sentencing order when- (a) the appellant files the notice of appeal and signs the undertaking referred to in clause 2(1); and (b) the appellant enters bail, if bail is granted under clause 4. (3) This clause is subject to section 29 of the Road Safety Act 1986. 4. Bail pending appeal (1) If an appellant is in custody because of the sentencing order appealed against and wishes to be released pending the determination of the appeal, the appellant- (a) may apply to the Magistrates' Court to be released on bail; and (b) if he or she makes such an application, must give reasonable notice of the application to the respondent to the appeal. (2) If an application is made under subclause (1), the Court must either grant or refuse bail as if the appellant were accused of an offence and were being held in custody in relation to that offence and, for this purpose, the Bail Act 1977 (with any necessary modifications) applies. 5. Service of notices A copy of a notice of appeal must be served on the respondent- (a) by delivering it to the respondent personally or by leaving it for the respondent at the respondent's last or most usual place of residence or of business with a person who apparently resides or works there and who apparently is not less than 16 years of age; or (b) in any other manner directed by the Court if satisfied that service as provided in paragraph (a) cannot reasonably be effected. 6. Abandonment of appeal (1) An appellant may, subject to subclause (2A), abandon an appeal against a sentencing order under which a term of imprisonment or detention was imposed- (a) if the appellant is not in custody, by surrendering to the registrar of the County Court and immediately filing with the registrar a notice in the form prescribed by the rules of the County Court; or (b) if the appellant is in custody, by filing with the registrar of the County Court a notice referred to in paragraph (a). (2) An appellant may, subject to subclause (2A), abandon an appeal against any other sentencing order by filing with the registrar of the County Court a notice in the form prescribed by the rules of the County Court. (2A) After the end of the period referred to in clause 1(1), an appellant may only abandon an appeal against a sentencing order with the leave of the County Court granted on an application by the appellant under this subclause. (2B) An application may be made under subclause (2A) at any time before or after the County Court commences to hear the appeal and, if the County Court grants such an application after commencing to hear the appeal, it must order the reinstatement of the order of the Magistrates' Court. (2C) The County Court may only grant leave on an application under subclause (2A) if it is satisfied that it is in the interests of justice to do so because of the existence of exceptional circumstances. (3) If an appeal is struck out under section 86(3), the registrar of the County Court must give to the respondent or to the respondent's legal practitioner a copy of the order striking out the appeal. (4) The making of an order striking out an appeal discharges the undertaking of the appellant to prosecute the appeal. 7. Costs on abandonment (1) Within 30 days after receiving a copy of the order striking out the appeal, the respondent may apply to the County Court for an order dealing with the respondent's costs of the appeal. (2) If a respondent proposes to apply to the Court under subclause (1), the respondent must first give notice in writing of the proposed application to the appellant. (3) A notice under subclause (2) may be given by posting it to the address of the appellant on the notice of appeal. (4) On an application under subclause (1), the County Court may make any order that it considers just. 8. One notice of appeal for two or more sentencing orders If sentencing orders are made in respect of two or more charges contained in the one charge-sheet and heard together, the appellant may give one notice of appeal for all or any of those sentencing orders. 9. Appeal against aggregate sentence (1) If the sentencing order appealed against is an aggregate sentence of imprisonment imposed in accordance with section 9(1) of the Sentencing Act 1991, or an aggregate fine imposed in accordance with section 51 of that Act, the registrar of the Magistrates' Court with whom the notice of appeal is filed must ensure that the original charge sheet or charge sheets are transmitted to the registrar of the County Court. (2) On sentencing an appellant where the sentencing order appealed against is of a kind referred to in subclause (1), the County Court may rely on any agreed statement of facts (however derived) relevant to any charge contained in the original charge sheet or charge sheets. _______________ * * * * * _______________ Magistrates' Court Act 1989 - SCHEDULE 8 Section 150 SAVINGS AND TRANSITIONALS 1 (1) The Magistrates' Court shall be deemed to be the same Court as the several Magistrates' Courts existing immediately before the commencement of Part 2 and no action, matter or thing shall be abated or affected by the change in the establishment or name of the Court. (2) Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a Magistrates' Court or to Magistrates' Courts is to be taken to refer to the Magistrates' Court. (3) Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a Magistrates' Court held at a particular place is to be taken to refer to the Magistrates' Court sitting at that place or, if the Magistrates' Court does not sit at that place, to the Court sitting at the place that is nearest to that place. 2 (1) Each person who holds office as a magistrate immediately before the commencement of Part 2 holds office as a magistrate under and subject to this Act on and from that commencement without any further appointment. (2) Each person who holds office as Chief Magistrate or Deputy Chief Magistrate immediately before the commencement of Part 2 holds office as Chief Magistrate or Deputy Chief Magistrate (as the case requires) under and subject to this Act on and from that commencement without any further appointment. (3) Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a police magistrate or to a stipendiary magistrate is to be taken to refer to a magistrate. 3 (1) Each person who holds office as a clerk of a Magistrates' Court immediately before the commencement of Part 3 holds office as a registrar of the Court under and subject to this Act and the Public Service Act 1974 on and from that commencement without any further appointment. (2) Each person who holds office as a deputy clerk of a Magistrates' Court immediately before the commencement of Part 3 holds office as a deputy registrar of the Court under and subject to this Act and the Public Service Act 1974 on and from that commencement without any further appointment. (3) Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a clerk of a Magistrates' Court is to be taken to refer to a registrar of the Court. (4) Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a deputy clerk of a Magistrates' Court is to be taken to refer to a deputy registrar of the Court. 4. Unless the context otherwise requires, any reference in any Act (other than this Act or the Evidence Act 1958) or in any subordinate instrument to a justice of the peace is to be taken to refer to a magistrate. 5. If by any Act (other than this Act) or by any subordinate instrument a procedure is prescribed for or in relation to any proceeding in the Court or for or in relation to any step or process in such a proceeding and there is prescribed by this Act or the Rules a procedure that is applicable to such a proceeding or step or process, the procedure prescribed by this Act or the Rules applies despite the provisions of that Act or subordinate instrument. 6. A civil proceeding in the Court must, despite anything in any Act or subordinate instrument, be commenced and conducted in accordance with the Rules and not otherwise. 7. A criminal proceeding in the Court must, despite anything in any Act or subordinate instrument, be commenced and conducted in accordance with this Act and not otherwise. 8. An order made by the Court in a civil proceeding (other than an order made under the Imprisonment of Fraudulent Debtors Act 1958 or the Judgment Debt Recovery Act 1984) must be enforced in accordance with this Act and the Rules and not otherwise. 9. If by or under any Act other than this Act any jurisdiction, power or authority is vested in a magistrate- (a) that jurisdiction, power or authority may be exercised in accordance with this Act and the Rules by the Court in all respects as that magistrate might have done; and (b) the Court constituted in accordance with this Act and the Rules has jurisdiction, power or authority co-ordinate with the jurisdiction, power or authority of the magistrate. 10. If by or under any Act other than this Act any jurisdiction, power or authority is vested in a Magistrates' Court or in any magistrate or justice of the peace by the use of the words "a Magistrates' Court", "a Magistrates' Court constituted by a magistrate", "a magistrate proceeding in chambers", "a magistrate" or "a justice" or by any words referring to a Magistrates' Court or to any magistrate or justice of the peace, that jurisdiction, power or authority may be exercised by the Court in accordance with this Act and the Rules. 11. Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a process, summons, warrant or other thing specified in column 1 of the Table is to be taken to refer to the process, summons, warrant or other thing specified opposite it in column 2 of the Table. TABLE Column 1 Column 2 Information Charge Preliminary examination Committal proceeding Warrant to apprehend Warrant to arrest Warrant to search Search warrant Warrant of distress Warrant to seize property Warrant of commitment Warrant to imprison, warrant to detain in a youth training centre or remand warrant, whichever is appropriate 12 (1) The Magistrates' Courts Act 1971 and the Magistrates (Summary Proceedings) Act 1975 continue, despite their repeal and despite any rule of law to the contrary, to apply to- (a) any action or matter pending in a Magistrates' Court immediately before the commencement of Part 2 unless at that commencement- (i) the hearing of that action or matter had not commenced; or (ii) no evidence had been given on the hearing of that action or matter; and (b) any re-hearing or review of, or appeal from, any action or matter- (i) that was concluded before the commencement of Part 2; or (ii) to which, by virtue of paragraph (a), the Magistrates' Courts Act 1971 and the Magistrates (Summary Proceedings) Act 1975 continue to apply; and (c) the enforcement of any order made in any action or matter referred to in paragraph (b). (2) Part VIIA of the Magistrates (Summary Proceedings) Act 1975 continues, despite its repeal, to apply to enforcement orders made under that Part before the commencement of section 99 of this Act. (3) Section 168 of the Magistrates (Summary Proceedings) Act 1975 continues, despite its repeal, to apply in relation to a proceeding for an offence if, at the commencement of section 130, the hearing of that proceeding had commenced. (4) Subclause (1) applies except as otherwise expressly provided by the Rules with respect to civil proceedings. 13. All fines imposed before the commencement of section 97 and not recovered before that commencement may be recovered in all respects as if this Act had not been passed. * * * * * * * * * * 16. The amendment of section 58(1)(b) made by section 29 of the Law and Justice Legislation Amendment Act 1997 applies to warrants issued before as well as after the commencement of section 29 of that Act. 17. The amendment of Schedule 7 made by section 30(2) of the Law and Justice Legislation Amendment Act 1997 applies to warrants issued before as well as after the commencement of section 30(2) of that Act. * * * * * 19. The amendments of section 126 of this Act made by section 24(1) and (2) of the Magistrates' Court (Amendment) Act 1999 apply to proceedings, whether commenced before or after the commencement of that section of that Act. 20 (1) Schedule 5, as substituted by section 4 of the Magistrates' Court (Amendment) Act 1999 applies only with respect to the hearing of charges filed after the commencement of that section. (2) Schedule 5, as in force immediately before the commencement of section 4 of the Magistrates' Court (Amendment) Act 1999, continues to apply, despite its repeal, with respect to the hearing of charges filed before that commencement. (3) Any amendment of this Act made by a provision of Part 2 of the Magistrates' Court (Amendment) Act 1999 does not alter the nature of a committal proceeding from that existing immediately before the commencement of that provision. 21 (1) The amendments of this Act made by sections 9, 13 and 14 of the Magistrates' Court (Amendment) Act 1999 apply only with respect to appeals to the County Court where notice of appeal is given on or after 1 July 1999. (2) The repeal of section 87 effected by section 10 of the Magistrates' Court (Amendment) Act 1999 does not affect an appeal to the County Court where the notice of appeal was given before 1 July 1999. (3) Section 88AA, as inserted by section 11 of the Magistrates' Court (Amendment) Act 1999, applies only with respect to appeals to the County Court where notice of appeal is given on or after 1 July 1999. 22 (1) The amendments of sections 34 and 35 of this Act made by section 4 of the Magistrates' Court (Committal Proceedings) Act 2000 apply only with respect to summonses issued on or after the commencement of that section of that Act. (2) The amendments of section 56A of this Act made by section 6 of the Magistrates' Court (Committal Proceedings) Act 2000 apply only with respect to applications made under section 56A(1), and to proceedings held under orders made on such applications, on or after the commencement of that section of that Act. (3) Subject to subclauses (4) to (8), an amendment of Schedule 5 to this Act made by a provision of Part 2 of the Magistrates' Court (Committal Proceedings) Act 2000 applies only with respect to the hearing of charges filed in the Court on or after the commencement of that provision. (4) If a defendant has given a notice under clause 12(1)(a) of Schedule 5 to this Act before the commencement of section 7(9) of the Magistrates' Court (Committal Proceedings) Act 2000 but an application for leave to cross-examine the witness has not been made before that commencement, the notice has effect on and after that commencement as if it were a notice given in accordance with that clause as amended by that Act and the application for leave shall be made and determined in accordance with Schedule 5 to this Act as amended by that Act. (5) If an application for leave to cross-examine a witness at a committal proceeding has been refused before the commencement of section 7(9) of the Magistrates' Court (Committal Proceedings) Act 2000 but the committal proceeding has not been held before that commencement, the Court may, on the application of the defendant, grant leave to the defendant to give a fresh notice under clause 12(1)(a) of Schedule 5 to this Act as amended by that Act if satisfied that it is in the interests of justice to do so. (6) Subject to subclause (5), a notice that the defendant intends to seek leave to cross-examine a witness at a committal proceeding may be given, and an application for leave to cross-examine a witness at a committal proceeding may be made, on or after the commencement of section 7(9) of the Magistrates' Court (Committal Proceedings) Act 2000 in accordance with Schedule 5 to this Act as amended by that Act, irrespective of when the charge to which the proceeding relates was filed in the Court. (7) If leave to cross-examine a witness to whom clause 13 of Schedule 5 to this Act applies has been granted before the commencement of section 8 of the Magistrates' Court (Committal Proceedings) Act 2000 but the cross-examination has not commenced before that commencement, the amendment of that Schedule made by that section applies with respect to the cross-examination. (8) Clause 24A of Schedule 5 to this Act, as inserted by section 9 of the Magistrates' Court (Committal Proceedings) Act 2000 applies irrespective of when the defendant was committed for trial. 23. Any amendment of this Act made by the Magistrates' Court (Infringements) Act 2000 applies to infringement notices, enforcement orders, warrants and custodial community permits issued before as well as after the commencement of that Act. 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 application for the revocation of an enforcement order referred to the Court under clause 10(6) of Schedule 7 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 referral is made, until the Court revokes or refuses to revoke the order. 26. The amendment of item 49 in Schedule 4 to this Act made by the Drugs, Poisons and Controlled Substances (Amendment) Act 2001 applies to offences alleged to have been committed before as well as after the commencement of that Act. 27 (1) The amendments made to this Act by sections 12, 13, 14, 15, 19 and 20 of the Criminal Justice Legislation (Miscellaneous Amendments) Act 2002 apply to a criminal proceeding commenced on or after the commencement of that Act. (2) Section 128A as inserted by section 17 of the Criminal Justice Legislation (Miscellaneous Amendments) Act 2002 applies to a criminal proceeding for an offence, whether commenced before or after the commencement of section 17 of that Act. 28. The amendments of this Act made by section 6 of the Magistrates' Court (Koori Court) Act 2002 apply with respect to a proceeding for an offence, irrespective of when the offence was committed or the proceeding commenced. 29. The amendments made to this Act by section 6 of the Courts Legislation (Amendment) Act 2003 apply with respect to a proceeding for an offence, whether the offence is alleged to have been committed before or after the commencement of that section. 30. A person is eligible for appointment as a magistrate under section 7 if the person was, immediately before the commencement of section 4(2) of the Courts Legislation (Judicial Appointments) Act 2004, eligible for appointment under section 7(3)(b) as then in force. 31. The amendments made to this Act by sections 3 and 4 of the Magistrates' Court (Increased Civil Jurisdiction) Act 2004 apply only with respect to proceedings commenced on or after the commencement of that Act. 31A. The amendment made to this Act by section 11 of the Sentencing (Further Amendment) Act 2005 applies to a proceeding for an offence commenced on or after the commencement of that section, regardless of when the offence is alleged to have been committed. 32. The substitution of section 9 of this Act made by section 11 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 does not affect an appointment made under section 9 as in force immediately before the commencement of section 11 of that Act and a magistrate who has been so appointed and who holds the office of acting magistrate immediately before that commencement continues in that office subject to section 9 as if section 9 had not been substituted. 33. The substitution of clause 11 in Part 2 of Schedule 1 to this Act made by section 12 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 does not affect the remuneration of an acting magistrate applicable immediately before the commencement of section 12 of that Act and an acting magistrate who receives remuneration under clause 11 immediately before that commencement continues to receive remuneration during the period of his or her appointment as if clause 11 had not been substituted. 34 (1) Subject to subclauses (2) and (3), the amendments of section 140 of this Act made by section 8 of the Magistrates' Court (Judicial Registrars and Court Rules) Act 2005 do not affect the operation of any regulations made under that section of this Act. (2) If, but for subclause (1), a provision of the regulations made under section 140 would cease to have effect because of the repeal of the power conferred by that section to make the provision, the provision continues in operation until it is revoked or the first anniversary of the commencement of section 8 of the Magistrates' Court (Judicial Registrars and Court Rules) Act 2005 (whichever first occurs). (3) A provision of the regulations made under section 140 is of no force or effect to the extent that it deals with a matter dealt with by a rule made under section 16(1A). (4) Despite the amendments of section 140 of this Act made by section 8 of the Magistrates' Court (Judicial Registrars and Court Rules) Act 2005 and without limiting any other power to make regulations conferred by this Act, the Governor in Council may, until the first anniversary of the commencement of section 8 of the Magistrates' Court (Judicial Registrars and Court Rules) Act 2005, make regulations under that section revoking any provision of the regulations made under a power conferred by that section that is repealed by those amendments. 35. Savings provisions-instalment arrangements and payment plans (1) Despite the amendment of Schedule 7 by section 28 of the Investigative, Enforcement and Police Powers Acts (Amendment) Act 2005- (a) any instalment arrangement of a kind referred to in clause 3(2A) of Schedule 7 in force immediately before the commencement of section 28 of that Act continues to have effect and may be enforced in accordance with Schedule 7 as in force immediately before that commencement as if those amendments had not been made; and (b) any certificate under clause 4(2) of Schedule 7 provided to a registrar under clause 4(1) of that Schedule which certifies as to a matter referred to in clause 4(2)(da) as in force immediately before the commencement of section 28 of that Act- (i) continues to have effect as if those amendments had not been made; and (ii) is a valid certificate for the purposes of enforcement under Schedule 7 of the infringement penalty and any prescribed costs to which that certificate relates; and (c) clause 3A of Schedule 7 as in force immediately before the commencement of section 28 of that Act continues to have effect in respect of any instalment arrangement to which that clause applied immediately before that commencement as if clause 3A had not been amended by that Act. (2) Nothing in this clause prevents an instalment arrangement of a kind referred to in clause 3(2A) of Schedule 7 in force immediately before the commencement of section 28 of the Investigative, Enforcement and Police Powers Acts (Amendment) Act 2005 being cancelled or revoked and a payment plan under Part 5 of Schedule 7 being offered and accepted in respect of any infringement penalty and prescribed costs to which that instalment arrangement applied. 35A. An amendment made to this Act by a provision of section 40 or 41 of the Crimes (Sexual Offences) Act 2006 applies only to a criminal proceeding commenced on or after the commencement of that provision. 36. Validation of service of certain documents under Schedule 7 (1) Despite anything to the contrary in section 49(1) of the Interpretation of Legislation Act 1984, if under or for the purposes of Part 2 of Schedule 7 to this Act as in force immediately before its repeal by section 176(2) of the Infringements Act 2006, any document had been served on a person by post to an authorised address and that document had been returned undelivered to its sender, that document- (a) must be taken to have been validly served on the day that is 14 days after the date specified in the document as the date of that document, despite it being returned to its sender as undelivered; and (b) any enforcement action taken under that Schedule must be taken to be a valid action under that Schedule. (2) For the purposes of this section, authorised address means- (a) an address recorded in relation to a person in a register kept by a public statutory body (including, in relation to a director, alternate director or secretary of a company within the meaning of the Corporations Act, the Australian Securities and Investments Commission) if by law that person or another person is required to notify that public statutory body of any change in that address; (b) in relation to any document in respect of a transport infringement within the meaning of the Transport Act 1983 or a ticket infringement within the meaning of that Act, an address provided by a person to an authorised officer or police member under section 218B of that Act after that officer or that member has requested the person to state his or her name and address because the officer or member believes on reasonable grounds that the person has committed a transport infringement or a ticket infringement, as the case requires. 37 (1) The amendments made to this Act by sections 15, 19, 20, 22, 25 to 28 and 31 to 34 of the Courts Legislation (Jurisdiction) Act 2006 apply with respect to a proceeding for an offence, irrespective of when the offence is alleged to have been committed or when the proceeding commenced. (2) An amendment made to this Act by a provision of section 16, 17, 18, 21(1), 23, 24, 29 or 30 of the Courts Legislation (Jurisdiction) Act 2006 apply only with respect to proceedings commenced on or after the commencement of that provision. (3) The amendment made to this Act by section 21(2) of the Courts Legislation (Jurisdiction) Act 2006 applies only to the sentencing of a person for an offence on or after the commencement of that section, irrespective of when the offence was committed or the finding of guilt was made. 38. A notice by the Minister published in the Government Gazette under section 4B or 4C of this Act before the commencement of section 4 of the Magistrates' Court and Coroners Acts Amendment Act 2007 and in force immediately before that commencement is not affected by the substitution for those sections of a new section 4B effected by that section 4 and the notice continues to have effect as if it were a notice published under the new section 4B(1)(b). 39. Section 50A as inserted by section 5 of the Criminal Procedure Legislation Amendment Act 2008 applies with respect to a proceeding for an offence, irrespective of when the offence was committed or the proceeding commenced. 40. Clause 3A of Schedule 2 as inserted by section 15 of the Criminal Procedure Legislation Amendment Act 2008 applies to a contest mention hearing conducted on or after the commencement of section 15 of that Act. 41. The amendment of this Act by section 16 of the Criminal Procedure Legislation Amendment Act 2008 applies with respect to a defendant committed for trial on or after the commencement of section 16 of that Act. --------------- MAGISTRATES' COURT ACT 1989 - NOTES ENDNOTES 1. General Information Minister's second reading speech- Legislative Assembly: 23 March 1989 Legislative Council: 26 May 1989 The long title for the Bill for this Act was "A Bill to establish the Magistrates' Court of Victoria, to provide for the constitution, jurisdiction and proceedings of that Court, to repeal the Magistrates' Courts Act 1971 and the Magistrates (Summary Proceedings) Act 1975, to amend the Bail Act 1977, the Crimes Act 1958, the Evidence Act 1958, the Interpretation of Legislation Act 1984 and certain other Acts and for other purposes.". The Magistrates' Court Act 1989 was assented to on 14 June 1989 and came into operation as follows: Section 16(4) on 15 June 1989: Special Gazette (No. 32) 15 June 1989 page 1; sections 16(5), 52, 141(3)(a)-(f) on 1 September 1989: Government Gazette 30 August 1989 page 2210; rest of Act on 1 September 1990: Government Gazette 25 July 1990 page 2216. 2. Table of Amendments This Version incorporates amendments made to the Magistrates' Court Act 1989 by Acts and subordinate instruments. ------------------------------------------------------------- Dangerous Goods (Amendment) Act 1989, No. 48/1989 (as amended by No. 34/1990) Assent Date: 14.6.89 Commencement Date: 28.6.89: Government Gazette 28.6.89 p. 1558 Current State: All of Act in operation Second-Hand Dealers and Pawnbrokers Act 1989, No. 54/1989 (as amended by No. 34/1990) Assent Date: 14.6.89 Commencement Date: S. 35(5) on 10.9.90: Government Gazette 5.9.90 p. 2680 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Children and Young Persons Act 1989, No. 56/1989 (as amended by No. 93/1990) Assent Date: 14.6.89 Commencement Date: S. 286(Sch. 2 items 11.1, 11.2) on 23.9.91: Government Gazette 28.8.91 p. 2368 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Road Safety (Amendment) Act 1990, No. 5/1990 Assent Date: 3.4.90 Commencement Date: S. 20(4)(a)(b) on 8.5.90: Special Gazette (No. 20) 8.5.90 p. 1 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Occupational Health and Safety (Miscellaneous Amendment) Act 1990, No. 11/1990 (as amended by No. 34/1990) Assent Date: 24.4.90 Commencement Date: 1.9.90: Government Gazette 15.8.90 p. 2473 Current State: All of Act in operation Courts (Children's and Magistrates') Act 1990, No. 34/1990 Assent Date: 13.6.90 Commencement Date: S. 4(Sch. 3 items 1-25) on 1.9.90: Government Gazette 25.7.90 p. 2216 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Magistrates' Court (Amendment) Act 1990, No. 49/1990 Assent Date: 28.9.90 Commencement Date: Ss 1, 2, 5 on 28.9.90: s. 2(1); ss 3, 4 on 1.9.90: s. 2(2) Current State: All of Act in operation Courts (Amendment) Act 1990, No. 64/1990 Assent Date: 20.11.90 Commencement Date: Ss 16, 20(Sch. items 4.1-4.5) on 1.1.91: Government Gazette 19.12.90 p. 3750 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Crimes (Sexual Offences) Act 1991, No. 8/1991 Assent Date: 16.4.91 Commencement Date: Ss 12-14, 16(1)(a)(c)(e)(f)(2) on 5.8.91: Government Gazette 24.7.91 p. 2026; ss 15, 16(1)(b)(d) on 20.12.94: Government Gazette 15.12.94 p. 3308 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Crimes Legislation (Miscellaneous Amendments) Act 1991, No. 23/1991 Assent Date: 31.5.91 Commencement Date: 31.5.91: s. 2. Current State: All of Act in operation Courts (Case Transfer) Act 1991, No. 43/1991 Endnotes Assent Date: 18.6.91 Commencement Date: S. 38 on 1.10.91: Government Gazette 17.7.91 p. 1930 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Pollution of Waters by Oil and Noxious Substances (Amendment) Act 1991, No. 46/1991 Assent Date: 25.6.91 Commencement Date: 1.3.92: Government Gazette 19.2.92 p. 378 Current State: All of Act in operation Sentencing Act 1991, No. 49/1991 Assent Date: 25.6.91 Commencement Date: 22.4.92: Government Gazette 15.4.92 p. 898 Current State: All of Act in operation Crimes (Rape) Act 1991, No. 81/1991 Assent Date: 3.12.91 Commencement Date: S. 10(Sch. items 2.1, 2.2) on 1.1.92: Government Gazette 18.12.91 p. 3486 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Crimes (Confiscation of Profits) (Amendment) Act 1991, No. 90/1991 Assent Date: 10.12.91 Commencement Date: S. 35 on 1.9.92: Government Gazette 12.8.92 p. 2179 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Children and Young Persons (Amendment) Act 1992, No. 69/1992 Assent Date: 24.11.92 Commencement Date: S. 35 on 22.2.93: Government Gazette 28.1.93 p. 2179 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Employee Relations Act 1992, No. 83/1992 Assent Date: 24.11.92 Commencement Date: S. 181 on 4.1.93: Special Gazette (No. 63) 27.11.92 p. 1 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Evidence (Unsworn Evidence) Act 1993, No. 12/1993 Assent Date: 11.5.93 Commencement Date: 11.5.93: s. 2 Current State: All of Act in operation Historic Shipwrecks (Amendment) Act 1993, No. 67/1993 Assent Date: 21.9.93 Commencement Date: 21.9.93: s. 2 Current State: All of Act in operation Summary Offences (Stolen Cattle) Act 1993, No. 71/1993 Assent Date: 5.10.93 Commencement Date: 5.10.93: s. 2 Current State: All of Act in operation Crimes (Amendment) Act 1993, No. 129/1993 Assent Date: 14.12.93 Commencement Date: S. 9(3) on 1.6.94: s. 2(3) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Financial Management Act 1994, No. 18/1994 Assent Date: 10.5.94 Commencement Date: Pt 1 (ss 1-8), ss 60, 61 on 10.5.94: s. 2(1); rest of Act on 1.7.94: s. 2(2) Current State: All of Act in operation Equipment (Public Safety) Act 1994, No. 21/1994 Assent Date: 17.5.94 Commencement Date: S. 39 on 1.12.94: s. 2(3) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Magistrates' Court (Amendment) Act 1994, No. 33/1994 Assent Date: 31.5.94 Commencement Date: Ss 1, 2 on 31.5.94: s. 2(1); s. 27(5) on 14.12.93: s. 2(2); ss 3-27(4), 28 on 24.10.94: Government Gazette 20.10.94 p. 2789 Current State: All of Act in operation Public Prosecutions Act 1994, No. 43/1994 Assent Date: 7.6.94 Commencement Date: Ss 1-3 on 7.6.94: s. 2(1); rest of Act on 1.7.94: s. 2(3) Current State: All of Act in operation Valuation of Land (Amendment) Act 1994, No. 91/1994 Assent Date: 6.12.94 Commencement Date: S. 36(7) on 1.1.95: s. 2(2) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Prostitution Control Act 1994, No. 102/1994 Assent Date: 13.12.94 Commencement Date: Ss 1, 2 on 13.12.94: s. 2(1); rest of Act on 13.6.95: s. 2(3) Current State: All of Act in operation Constitution (Court of Appeal) Act 1994, No. 109/1994 Assent Date: 20.12.94 Commencement Date: Pt 1 (ss 1, 2) on 20.12.94: s. 2(1); rest of Act on 7.6.95: Special Gazette (No. 41) 23.5.95 p. 1 Current State: All of Act in operation Courts (General Amendment) Act 1995, No. 9/1995 Assent Date: 26.4.95 Commencement Date: Ss 10, 11(3) on 27.4.95: Government Gazette 27.4.95 p. 973 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Judicial Remuneration Tribunal Act 1995, No. 22/1995 Assent Date: 16.5.95 Commencement Date: S. 27 on 28.9.95: Government Gazette 28.9.95 p. 2731 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Equal Opportunity Act 1995, No. 42/1995 Assent Date: 14.6.95 Commencement Date: S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 item 24 on 1.1.96: Government Gazette 21.12.95 p. 3571 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Infertility Treatment Act 1995, No. 63/1995 Assent Date: 27.6.95 Commencement Date: S. 169 on 1.1.98: s. 2(4) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Heritage Act 1995, No. 93/1995 Assent Date: 5.12.95 Commencement Date: S. 218(1)(Sch. 2 item 4) on 23.5.96: Government Gazette 23.5.96 p. 1248 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Miscellaneous Acts (Health and Justice) Amendment Act 1995, No. 99/1995 (as amended by No. 73/1996) Assent Date: 5.12.95 Commencement Date: 5.12.95 Current State: All of Act in operation Legal Practice Act 1996, No. 35/1996 Assent Date: 6.11.96 Commencement Date: S. 453(Sch. 1 items 53.1-53.9) on 1.1.97: s. 2(3) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Corrections (Amendment) Act 1996, No. 45/1996 Assent Date: 26.11.96 Commencement Date: S. 18(Sch. 2 items 9.1-9.4) on 6.2.97: Government Gazette 6.2.97 p. 257 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Courts and Tribunals (General Amendment) Act 1996, No. 64/1996 Assent Date: 17.12.96 Commencement Date: Ss 24-40 on 1.4.97: Government Gazette 20.3.97 p. 619 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Firearms Act 1996, No. 66/1996 (as amended by No. 26/1997) Assent Date: 17.12.96 Commencement Date: S. 201(3) on 31.1.98: s. 2(3) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Magistrates' Court (Amendment) Act 1996, No. 70/1996 Assent Date: 17.12.96 Commencement Date: Ss 4, 5(1), 8 on 1.9.90: s. 3(2); ss 6, 7, 9-12 on 14.11.96: s. 3(3); ss 1, 2, 3, 5(2)-(5), 13, 14 on 17.12.96: s. 3(1) Current State: All of Act in operation Miscellaneous Acts (Further Omnibus Amendments) Act 1996, No. 73/1996 Assent Date: 17.12.96 Commencement Date: S. 61 on 17.12.96: s. 2(1) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Evidence (Audio Visual and Audio Linking) Act 1997, No. 4/1997 Assent Date: 22.4.97 Commencement Date: Ss 7, 8 on 22.12.97: Government Gazette 18.12.97 p. 3612 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Police and Corrections (Amendment) Act 1997, No. 26/1997 Assent Date: 20.5.97 Commencement Date: S. 55 on 2.10.97: Government Gazette 2.10.97 p. 2731 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Law and Justice Legislation Amendment Act 1997, No. 44/1997 Assent Date: 11.6.97 Commencement Date: Ss 27-31 on 11.6.97: s. 2(1) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997 Assent Date: 11.6.97 Commencement Date: Pt 7 (ss 64, 65, 66(2)-(4)) on 1.9.97: s. 2(2); s. 66(1) on 1.7.98: s. 2(4) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Sentencing (Amendment) Act 1997, No. 69/1997 Assent Date: 18.11.97 Commencement Date: Ss 26-29 on 18.11.97: s. 2(1) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Crimes (Amendment) Act 1997, No. 81/1997 Assent Date: 2.12.97 Commencement Date: Ss 12, 13 on 1.1.98: s. 2(2) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Law and Justice Legislation (Further Amendment) Act 1997, No. 84/1997 Assent Date: 2.12.97 Commencement Date: S. 52 on 1.8.98: s. 2(8) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Accident Compensation (Miscellaneous Amendment) Act 1997, No. 107/1997 Assent Date: 23.12.97 Commencement Date: S. 75 on 23.12.97: s. 2(1) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Confiscation Act 1997, No. 108/1997 Assent Date: 23.12.97 Commencement Date: S. 154 on 1.7.98: Government Gazette 25.6.98 p. 1561 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Health Services (Amendment) Act 1998, No. 13/1998 Assent Date: 28.4.98 Commencement Date: 28.4.98: s. 2 Current State: All of Act in operation State Trustees (Amendment) Act 1998, No. 15/1998 Assent Date: 28.4.98 Commencement Date: S. 9 on 1.8.98: s. 2(3) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Miscellaneous Acts (Omnibus No. 1) Act 1998, No. 43/1998 Assent Date: 26.5.98 Commencement Date: Ss 45, 46 on 26.5.98: s. 2(1) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 (as amended by No. 12/1999) Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 1998, No. 60/1998 Assent Date: 27.10.98 Commencement Date: S. 17 on 1.1.99: s. 2(2) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Melbourne City Link (Amendment) Act 1998, No. 102/1998 Assent Date: 1.12.98 Commencement Date: S. 44 on 1.12.98: s. 2(1) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Magistrates' Court (Amendment) Act 1999, No. 10/1999 Assent Date: 11.5.99 Commencement Date: Ss 21-24, 31(1)(2) on 11.5.99: s. 2(1); ss 4-7, 8(1)-(4), 9-16 on 1.7.99: s. 2(2) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Superannuation Acts (Further Amendment) Act 1999, No. 13/1999 Assent Date: 11.5.99 Commencement Date: Ss 5, 6 on 7.5.96: s. 2(2) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Crimes (Criminal Trials) Act 1999, No. 35/1999 Assent Date: 8.6.99 Commencement Date: S. 36 on 1.9.99: s. 2(3) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Electricity Industry Acts (Further Amendment) Act 1999, No. 36/1999 Assent Date: 8.6.99 Commencement Date: S. 26 on 8.6.99: s. 2(1) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Gas Industry Acts (Further Amendment) Act 1999, No. 39/1999 Assent Date: 8.6.99 Commencement Date: S. 39 on 8.6.99: s. 2(1) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Prostitution Control (Amendment) Act 1999, No. 44/1999 Assent Date: 8.6.99 Commencement Date: S. 34 on 8.6.99: s. 2(1) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Courts and Tribunals Legislation (Amendment) Act 2000, No. 1/2000 Assent Date: 28.3.00 Commencement Date: S. 6 on 29.3.00: s. 2(1); s. 5 on 1.7.00: s. 2(2) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Environment Protection (Enforcement and Penalties) Act 2000, No. 49/2000 Assent Date: 14.6.00 Commencement Date: S. 4 on 9.7.00: s. 2(3) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Courts and Tribunals Legislation (Further Amendment) Act 2000, No. 51/2000 Assent Date: 5.9.00 Commencement Date: Ss 4, 7-9 on 6.9.00: s. 2(1); ss 5, 6 on 1.1.01: s. 2(3) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 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 Constitution (Supreme Court) Act 2001, No. 12/2001 Assent Date: 22.5.01 Commencement Date: S. 7 on 23.5.01: s. 2(1) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Food (Amendment) Act 2001, No. 14/2001 Assent Date: 22.5.01 Commencement Date: S. 34 on 1.1.02: s. 2(3) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Judicial and Other Pensions Legislation (Amendment) Act 2001, No. 19/2001 Assent Date: 29.5.01 Commencement Date: S. 16 on 30.5.01: s. 2 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Gas Industry Legislation (Miscellaneous Amendments) Act 2001, No. 32/2001 Assent Date: 19.6.01 Commencement Date: S. 35 on 1.9.01: s. 2(2) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Corporations (Consequential Amendments) Act 2001, No. 44/2001 Assent Date: 27.6.01 Commencement Date: S. 3(Sch. item 77) on 15.7.01: s. 2 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Corrections (Custody) Act 2001, No. 45/2001 Assent Date: 27.6.01 Commencement Date: S. 43 on 1.3.02: s. 2(2) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Drugs, Poisons and Controlled Substances (Amendment) Act 2001, No. 61/2001 Assent Date: 23.10.01 Commencement Date: S. 12 on 1.1.02: s. 2(2) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2001, No. 69/2001 Assent Date: 7.11.01 Commencement Date: S. 19 on 8.11.01: s. 2(1) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Road Safety (Further Amendment) Act 2001, No. 92/2001 Assent Date: 11.12.01 Commencement Date: S. 31 on 21.12.01: Government Gazette 13.12.01 p. 3061 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Sentencing (Amendment) Act 2002, No. 2/2002 (as amended by No. 13/2003) Assent Date: 26.3.02 Commencement Date: S. 10 on 2.5.02: Government Gazette 2.5.02 p. 789; s. 11 on 17.2.03: Government Gazette 6.2.03 p. 190 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Judicial Remuneration Tribunal (Amendment) Act 2002, No. 4/2002 Assent Date: 3.4.02 Commencement Date: S. 12(4) on 1.1.02: s. 2(2) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Statute Law (Further Revision) Act 2002, No. 11/2002 Assent Date: 23.4.02 Commencement Date: S. 3(Sch. 1 item 43) on 24.4.02: s. 2(1) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Electoral Act 2002, No. 23/2002 Assent Date: 12.6.02 Commencement Date: S. 199 on 1.9.02: Government Gazette 29.8.02 p. 2333 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Magistrates' Court (Amendment) Act 2002, No. 26/2002 Assent Date: 12.6.02 Commencement Date: 12.6.02: s. 2 Current State: All of Act in operation Magistrates' Court (Koori Court) Act 2002, No. 27/2002 Assent Date: 12.6.02 Commencement Date: Ss 4-9 on 13.6.02: s. 2(1) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Criminal Justice Legislation (Miscellaneous Amendments) Act 2002, No. 35/2002 Assent Date: 18.6.02 Commencement Date: Ss 12-24, 28(Sch. item 4) on 19.6.02: s. 2(1) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Environment Protection (Resource Efficiency) Act 2002, No. 37/2002 Assent Date: 18.6.02 Commencement Date: S. 53 on 19.6.02: s. 2(1) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Sports Event Ticketing (Fair Access) Act 2002, No. 47/2002 Assent Date: 22.10.02 Commencement Date: S. 45 on 23.10.02: s. 2 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Crimes (Property Damage and Computer Offences) Act 2003, No. 10/2003 Assent Date: 6.5.03 Commencement Date: S. 12 on 7.5.03: s. 2 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Firearms (Trafficking and Handgun Control) Act 2003, No. 28/2003 Assent Date: 20.5.03 Commencement Date: S. 76 on 1.7.03: Special Gazette (No. 130) 1.7.03 p. 1 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Courts Legislation (Amendment) Act 2003, No. 39/2003 Assent Date: 11.6.03 Commencement Date: Ss 5-10 on 12.6.03: s. 2(1) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Australian Crime Commission (State Provisions) Act 2003, No. 52/2003 Assent Date: 16.6.03 Commencement Date: S. 52(Sch. 1 item 8) on 17.6.03: s. 2(1) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Heritage (Amendment) Act 2003, No. 74/2003 Assent Date: 21.10.03 Commencement Date: S. 14 on 22.10.03: s. 2 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Cemeteries and Crematoria Act 2003, No. 80/2003 Assent Date: 11.11.03 Commencement Date: S. 184 on 1.7.05: s. 2 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Road Safety (Amendment) Act 2003, No. 94/2003 Assent Date: 25.11.03 Commencement Date: S. 45 on 1.1.05: s. 2(3) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Fisheries (Further Amendment) Act 2003, No. 108/2003 Assent Date: 9.12.03 Commencement Date: S. 22 on 10.12.03: s. 2(1) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Courts Legislation (Funds in Court) Act 2004, No. 30/2004 Assent Date: 1.6.04 Commencement Date: Ss 6, 14 on 1.7.04: s. 2 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Courts Legislation (Judicial Appointments) Act 2004, No. 31/2004 Assent Date: 1.6.04 Commencement Date: Ss 3-8 on 2.6.04: s. 2 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Judicial Salaries Act 2004, No. 38/2004 Assent Date: 8.6.04 Commencement Date: S. 14 on 9.6.04: s. 2 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Mitcham-Frankston Project Act 2004, No. 39/2004 Assent Date: 8.6.04 Commencement Date: S. 260 on 24.9.04: Special Gazette (No. 206) 22.9.04 p. 1 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Transport Legislation (Miscellaneous Amendments) Act 2004, No. 49/2004 Assent Date: 16.6.04 Commencement Date: S. 40 on 17.6.04: s. 2(1) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Crimes (Dangerous Driving) Act 2004, No. 59/2004 Assent Date: 12.10.04 Commencement Date: S. 10 on 13.10.04: s. 2 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Sentencing (Superannuation Orders) Act 2004, No. 65/2004 Assent Date: 12.10.04 Commencement Date: S. 4(2) on 13.10.04: s. 2 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Magistrates' Court (Increased Civil Jurisdiction) Act 2004, No. 68/2004 Assent Date: 19.10.04 Commencement Date: 1.1.05: s. 2 Current State: All of Act in operation Magistrates' Court (Family Violence) Act 2004, No. 77/2004 Assent Date: 9.11.04 Commencement Date: Ss 3-5 on 1.4.05: s. 2(4) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Occupational Health and Safety Act 2004, No. 107/2004 Assent Date: 21.12.04 Commencement Date: S. 181 on 1.7.05: s. 3(1) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 118) on 5.4.05: Government Gazette 31.3.05 p. 602 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Corrections (Transition Centres and Custodial Community Permits) Act 2005, No. 2/2005 Assent Date: 5.4.05 Commencement Date: S. 9 on 1.8.05: s. 2(3) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Courts Legislation (Judicial Appointments and Other Amendments) Act 2005, No. 3/2005 Endnotes Assent Date: 5.4.05 Commencement Date: Ss 16, 26-28 on 6.4.05: s. 2(1); ss 10-13 on 1.5.05: s. 2(2) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Sentencing (Further Amendment) Act 2005, No. 15/2005 Assent Date: 10.5.05 Commencement Date: Ss 11, 12 on 11.5.05: s. 2 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Courts Legislation (Judicial Conduct) Act 2005, No. 16/2005 Assent Date: 24.5.05 Commencement Date: S. 8 on 28.4.06: Special Gazette (No. 119) 28.4.06 p. 1 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Legal Profession (Consequential Amendments) Act 2005, No. 18/2005 Assent Date: 24.5.05 Commencement Date: S. 18(Sch. 1 item 63) on 12.12.05: Government Gazette 1.12.05 p. 2781 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Magistrates' Court (Judicial Registrars and Court Rules) Act 2005, No. 19/2005 Assent Date: 24.5.05 Commencement Date: Ss 3-5, 7-10 on 25.5.05: s. 2(1); s. 6 on 12.12.05: s. 2(2) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Road Safety (Further Amendment) Act 2005, No. 24/2005 Assent Date: 31.5.05 Commencement Date: Ss 29, 30 on 1.6.05: s. 2(1) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Courts Legislation (Miscellaneous Amendments) Act 2005, No. 30/2005 Assent Date: 21.6.05 Commencement Date: S. 3 on 22.6.05: s. 2(1) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Dangerous Goods and Equipment (Public Safety) Acts (Amendment) Act 2005, No. 31/2005 Assent Date: 21.6.05 Commencement Date: S. 36 on 1.7.05: s. 2 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Tobacco (Amendment) Act 2005, No. 45/2005 Assent Date: 16.8.05 Commencement Date: S. 29 on 1.3.06: s. 2(1) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Radiation Act 2005, No. 62/2005 Assent Date: 20.9.05 Commencement Date: S. 143 on 1.9.07: s. 2(2) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Sentencing and Mental Health Acts (Amendment) Act 2005, No. 69/2005 Assent Date: 11.10.05 Commencement Date: S. 28 on 1.10.06: s. 2(3) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Firearms (Further Amendment) Act 2005, No. 78/2005 Assent Date: 22.11.05 Commencement Date: S. 68 on 1.7.06: Government Gazette 29.6.06 p. 1315 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Major Events (Crowd Management) and Commonwealth Games Arrangements Acts (Crowd Safety Amendment) Act 2005, No. 80/2005 Assent Date: 22.11.05 Commencement Date: S. 19 on 23.11.05: s. 2 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Investigative, Enforcement and Police Powers Acts (Amendment) Act 2005, No. 87/2005 Assent Date: 29.11.05 Commencement Date: Pt 10 (ss 27-33) on 1.2.06: Special Gazette (No. 31) 31.1.06 p. 1 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005, No. 93/2005 Assent Date: 29.11.05 Commencement Date: S. 10 on 1.7.06: s. 2(3) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Crimes (Sexual Offences) Act 2006, No. 2/2006 (as amended by No. 76/2006) Assent Date: 7.3.06 Commencement Date: Ss 39-41A on 1.12.06: s. 2(2) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Rail Safety Act 2006, No. 9/2006 Assent Date: 4.4.06 Commencement Date: S. 159 on 1.8.06: Special Gazette (No. 181) 25.7.06 p. 1 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Infringements Act 2006, No. 12/2006 (as amended by No. 32/2006) Assent Date: 11.4.06 Commencement Date: Ss 169-176 on 1.7.06: Government Gazette 29.6.06 p. 1315 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006 Assent Date: 13.6.06 Commencement Date: Ss 88, 89 on 1.7.06: Government Gazette 29.6.06 p. 1315 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Electoral and Parliamentary Committees Legislation (Amendment) Act 2006, No. 44/2006 Assent Date: 25.7.06 Commencement Date: S. 16 on 26.7.06: s. 2 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006 Assent Date: 15.8.06 Commencement Date: S. 42(Sch. item 22) on 23.4.07: s. 2(3) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Courts Legislation (Jurisdiction) Act 2006, No. 50/2006 Assent Date: 15.8.06 Commencement Date: Ss 19-21, 35 on 16.8.06: s. 2(1); ss 15-18, 22-34 on 1.7.07: s. 2(3) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 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 Current State: 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) Current State: 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 Current State: This information relates only to the provisions amending the Magistrates' Court Act 1989 Major Events (Aerial Advertising) Act 2007, No. 13/2007 Endnotes Assent Date: 8.5.07 Commencement Date: S. 48 on 9.5.07: s. 2 Current State: 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 Current State: 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) Current State: 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 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 Police Integrity Act 2008, No. 34/2008 Assent Date: 1.7.08 Commencement Date: S. 143(Sch. 2 item 8) on 5.12.08: Special Gazette (No. 340) 4.12.08 p. 1 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Courts Legislation Amendment (Juries and Other Matters) 2008, No. 38/2008 Assent Date: 26.8.08 Commencement Date: Ss 8, 9 on 1.12.08: Government Gazette 27.11.08 p. 2755 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Family Violence Protection Act 2008, No. 52/2008 Assent Date: 23.9.08 Commencement Date: Ss 251-255 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Stalking Intervention Orders Act 2008, No. 68/2008 Assent Date: 18.11.08 Commencement Date: Ss 78-80 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Salaries Legislation Amendment (Salary Sacrifice) Act 2008, No. 83/2008 Assent Date: 11.12.08 Commencement Date: Ss 11, 12 on 11.12.08: s. 2(1) Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Sheriff Act 2009, No. 9/2009 Assent Date: 24.3.09 Commencement Date: Ss 73-76 on 1.10.09: Government Gazette 1.10.09 p. 2539 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Justice Legislation Amendment Act 2009, No. 25/2009 Assent Date: 17.6.09 Commencement Date: S. 18 on 3.9.09: Government Gazette 3.9.09 p. 2331 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Major Sporting Events Act 2009, No. 30/2009 Assent Date: 23.6.09 Commencement Date: Ss 196-198 on 24.6.09: s. 2 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 Courts Legislation Amendment (Judicial Resolution Conference) Act 2009, No. 50/2009 Assent Date: 8.9.09 Commencement Date: Ss 12-15 on 16.9.09: Special Gazette (No. 319) 16.9.09 p. 1-see Interpretation of Legislation Act 1984 Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989 ------------------------------------------------------------- 3. Explanatory Details 1 S. 26(1)(a): Section 28(1) of the Magistrates' Court (Amendment) Act 1994, No. 33/1994 reads as follows: 28. Transitional provisions (1) The amendments of the Principal Act made by section 6 (how criminal proceeding commenced) apply to any proceeding commenced after the commencement of that section regardless of when the offence is alleged to have been committed. 2 S. 28(1): See note 2. 3 S. 28(3): See note 2. 4 S. 30(3): Section 28(2) of the Magistrates' Court (Amendment) Act 1994, No. 33/1994 reads as follows: 28. Transitional provisions (2) The amendment of the Principal Act made by section 7 (failure by prescribed person to file charge and summons) apply to any proceeding whether commenced or purported to have been commenced before or after the commencement of that section. 5 S. 30(3): Section 47(1) of the Courts and Tribunals (General Amendment) Act 1996, No. 64/1996 reads as follows: 47. Magistrates' Court Act 1989-transitional provisions (1) The amendments made by section 33 to section 30 of the Magistrates' Court Act 1989 apply only to summonses issued after the commencement of section 30. 6 S. 30(4): See note 6. 7 S. 38: The amendment made by section 26(2) of the Sentencing (Amendment) Act 1997, No. 69/1997 had effect until the commencement of sections 13(2)(b) and 19(2)(b) of the Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997 on 20 November 1997. 8 S. 58(1): Sections 10-13 of the Magistrates' Court (Amendment) Act 1996, No. 70/1996 read as follows: 10. Payment of fines (1) 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 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 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. (2) An arrangement made before 14 November 1996- (a) for allowing time for the payment of a fine referred to in section 62 or 66 of the Sentencing Act 1991; or (b) for the payment by instalments of a fine referred to in section 62 or 66 of the Sentencing Act 1991; or (c) for a variation of- (i) the terms of an instalment order referred to in section 62 or 66 of the Sentencing Act 1991; or (ii) an arrangement referred to in paragraph (a) or (b)- with a person authorised to execute a warrant to arrest issued under section 62 of that Act or a warrant to seize property issued under section 66 of that Act is deemed to be an order referred to in section 55(a), (b) or (c), as the case may be, of that Act. 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- (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 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 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 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. (4) If, before 14 November 1996, a penalty enforcement warrant or a warrant to seize property or a warrant to imprison or a warrant to arrest directed to the sheriff was purportedly issued not in paper form, the warrant is deemed to be valid if its issue 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 or a warrant to arrest which- (a) was issued under clause 8(1) of Schedule 7 to the Principal Act or under, or in accordance with an order made under, section 62 or 66 of the Sentencing Act 1991 and included an amount for costs of execution or warrant costs; and (b) was executed before 14 November 1996- is deemed to have been lawfully executed. (6) If, before 14 November 1996, a warrant was issued under clause 8(1) of Schedule 7 to the Principal Act or under, or in accordance with an order made under, section 62 or 66 of the Sentencing Act 1991 and included an amount for costs of execution or warrant costs, but before execution the amount of the fine and costs were paid, those amounts are deemed to have been lawfully demanded and recovered. 12. 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 nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration of right or an injunction; or (c) seeking a writ of habeas corpus; or (d) seeking an 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, 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. 9 S. 58(2): Section 28(3) of the Magistrates' Court (Amendment) Act 1994, No. 33/1994 reads as follows: 28. Transitional provisions (3) The amendments of the Principal Act made by sections 9, 11 and 22(a) to (g) (penalty enforcement warrants) apply to infringement penalties imposed before as well as after the commencement of those sections but if a penalty enforcement warrant is issued with respect to an infringement penalty imposed before that commencement- (a) any warrant to imprison issued with respect to the infringement penalty must be recalled and cancelled in accordance with section 58(1) of the Principal Act; and (b) a fresh demand must be made under clause 8(2) of Schedule 7 of the Principal Act as amended by this Act. 10 S. 58(2): Section 5(5) of the Magistrates' Court (Amendment) Act 1996, No. 70/1996 reads as follows: 5. Expiry of certain warrants (5) Subsections (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 subsections if the warrant was executed before that date or the fine in respect of which it was issued, together with all associated costs, were paid before that date. 11 S. 58(2): See note 9. 12 S. 58(3): See note 11. 13 S. 60(1): See note 10. 14 S. 60(2): See note 10. 15 S. 82(2): S. 12 of the Evidence (Audio Visual and Audio Linking) Act 1997, No. 4/1997 reads as follows: 12. Transitional provisions (1) An amendment made by a provision of this Act to the Evidence Act 1958, the Supreme Court Act 1986, the County Court Act 1958, the Magistrates' Court Act 1989 or the Children and Young Persons Act 1989 applies to a proceeding that is commenced to be heard on or after the twenty-first day after the commencement of that amendment, irrespective of when the proceeding was commenced or when any offence to which the proceeding relates is alleged to have been committed. (2) For the purposes of subsection (1) in its application to criminal proceedings- (a) a trial is commenced to be heard on arraignment of the accused person; and (b) a hearing of a charge for an offence is commenced to be heard on the taking of a formal plea from the accused person. 16 S. 83: See sections 446-450A of the Crimes Act 1958 for the power of the County Court on appeal to reserve a question of law for the Court of Appeal. 17 S. 86(1A): Section 28(5) of the Magistrates' Court (Amendment) Act 1994, No. 33/1994 reads as follows: 28. Transitional provisions (5) The amendments of the Principal Act made by section 12 (powers of County Court on appeal) apply to any appeal being heard by the County Court after the commencement of that section regardless of when the sentencing order was made by the Magistrates' Court. 18 S. 91: Section 29 of the Constitution (Court of Appeal) Act 1994, No. 109/1994 reads as follows: 29. Proceedings before Full Court (1) The Constitution Act 1975, the Supreme Court Act 1986 and the Crimes Act 1958 and any other Act amended by this Act as respectively in force immediately before the commencement of this section continue to apply, despite the enactment of this Act, to a proceeding the hearing of which by the Full Court of the Supreme Court commenced before the commencement of this section. (2) If the Court of Appeal so orders, anything required to be done by the Supreme Court in relation to or as a consequence of a proceeding after the Full Court has delivered judgment in that proceeding, may be done by the Court of Appeal. 19 S. 100: See section 3(1) def. of jurisdictional limit. 20 Pt 5 Div. 3A: Section 47(2) of the Courts and Tribunals (General Amendment) Act 1996, No. 64/1996 reads as follows: 47. Magistrates' Court Act 1989-transitional provisions (2) The amendments made by section 35 to the Magistrates' Court Act 1989 applies to proceedings, whether commenced before or after the commencement of that section. 21 S. 126(1)(d): Section 28(7) of the Magistrates' Court (Amendment) Act 1994, No. 33/1994 reads as follows: 28. Transitional provisions (7) The amendments made by section 17 (extension of power to close proceedings to the public) apply to any proceeding being heard after the commencement of that section regardless of when the offence is alleged to have been committed. 22 S. 126(1)(e): See note 25. 23 S. 128(5): See note 17. 24 S. 129(1): Section 7(1)(2) of the Evidence (Unsworn Evidence) Act 1993, No. 12/1993 reads as follows: 7. Transitional (1) The amendments made by this Act to the Evidence Act 1958, the Crimes Act 1958 and the Magistrates' Court Act 1989 apply to the trial or hearing of a charge for an offence that commences on or after the commencement of this Act, irrespective of when the offence was committed or alleged to have been committed. (2) For the purposes of subsection (1)- (a) a trial commences on arraignment of the accused; (b) a hearing of a charge for an offence commences on the taking of a formal plea from the accused. 25 Sch. 2 cl. 1(2A): Section 47(3) of the Courts and Tribunals (General Amendment) Act 1996, No. 64/1996 reads as follows: 47. Magistrates' Court Act 1989-transitional provisions (3) The amendments made by section 39 to Schedule 2 to the Magistrates' Court Act 1989 apply only to proceedings commenced after the commencement of that section. 26 Sch. 2 cl. 1(2B): See note 29. 27 Sch. 2 cl. 1A: Section 28(8) of the Magistrates' Court (Amendment) Act 1994, No. 33/1994 reads as follows: 28. Transitional provisions (8) The amendment of the Principal Act made by section 19 (summary criminal hearings) applies only to any proceeding commenced after the commencement of that section. 28 Sch. 2 cl. 2(1): See note 28. 29 Sch. 5 cl. 8(1)(b): The amendment proposed by section 143(Schedule 2 item 8) of the Police Integrity Act 2008, No. 34/2008 is not included in this publication because of the earlier substitution of clause 8(1)(b) of Schedule 5 by section 9 of the Courts Legislation Amendment (Juries and Other Matters) Act 2008, No. 38/2008. ?? ?? Part 1-Preliminary Magistrates' Court Act 1989 No. 51 of 1989