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MAGISTRATES' COURT ACT 1989

Table of Provisions

PART 1--PRELIMINARY

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  
  • 4D Establishment of Koori Court Division  
  • 4E Jurisdiction of Koori Court Division  
  • 4EA Circumstances in which Koori Court Division may deal with contravention of a sentence imposed by another Division of the Magistrates' Court  
  • 4F Circumstances in which Koori Court Division may deal with certain offences  
  • 4FA Certain matters may be dealt with by Koori Court Division only in certain venues  
  • 4G Sentencing procedure in Koori Court Division  
  • 4IA Establishment of Specialist Family Violence Court Division  
  • 4IB Jurisdiction of Specialist Family Violence Court Division  

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.

PART 2A--JUDICIAL REGISTRARS

PART 3--OFFICERS OF THE COURT

PART 4--WARRANTS AND CRIMINAL PROCEEDINGS

Division 1--Jurisdiction

  • 25 Extent of jurisdiction  

Division 2--Procedure

  • 29 Magistrate may exercise registrar's powers  
  • 43 Witness summonses  
  • 44 Production before date for attendance  
  • 45 Attendance of witnesses on adjournment  
  • 50 Power to amend where there is a defect or error  

Division 3--Warrants

  • 57 Warrants  
  • 57A Warrants to arrest issued under Evidence Act 2008  
  • 58 Recall and cancellation of warrant  
  • 59 Duplicate warrants  
  • 60 Effect of defect or error in certain warrants  
  • 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  
  • 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  
  • 73 Warrant to seize property  
  • 74 Authority conferred by warrant to seize property  
  • 75 Search warrants  
  • 76 Persons to whom search warrant may be directed  
  • 77 Endorsing a warrant for bail  
  • 78 Authority conferred by search warrant  
  • 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  
  • 82I Power to assist police at road checks  

Division 6--Enforcement

  • 97 Imprisonment in default of payment of fine  
  • 98 Enforcement of fines against corporations  
  • 99 Infringement offence enforcement procedure under the Fines Reform Act 2014  
  • 99A Certain agencies may give information for enforcement purposes  

PART 5--CIVIL PROCEEDINGS

Division 1--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

Division 3--Pre-hearing conferences

Division 3A--Mediation[11]

Division 4--Appeals and re-hearings

  • 109 Appeal to Supreme Court from final order made in civil proceeding  
  • 110 Re-hearing  
  • 110A Appeals from Court constituted by Chief Magistrate who is a dual commission holder  

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 7--MISCELLANEOUS

  • 125 Business to be conducted in open court  
  • 125A Court may determine matter or proceeding without oral hearing  
  • 126A Power to bind over to keep the peace  
  • 127 Witness order  
  • 128 Power to adjourn proceeding  
  • 131 Costs to be in the discretion of the Court  
  • 131A Costs may be determined by Costs 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 may issue or transmit court documents electronically  
  • 137 Forfeitures may be sold  
  • 138 Investment of trust money  
  • 139 Manner of service where none is prescribed  
  • 139A Supreme Court—limitation of jurisdiction  
  • 140 Regulations  
  • 140A Regulations dealing with transitional matters  
  • 141 Definitions  
  • 142 Rights, duties and liabilities declared in certain cases  
  • 143 Effect of declared rights, duties and liabilities  
  • 144 Protection of affected persons  

PART 8--SAVINGS AND TRANSITIONALS

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