Victorian Consolidated Legislation

MAGISTRATES' COURT ACT 1989

No. 51 of 1989
Version incorporating amendments as at  16 January 2012

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     Repealed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
   4S.     Assessment and Referral Court List
   4T.     Eligibility criteria
   4U.     Specific powers of the Assessment and Referral Court List
   4V.     Adjournment of proceeding in Assessment and Referral Court List
   4W.     Other adjournment powers not limited
   4X.     Transfer of proceedings to and from Assessment and Referral Court List
   4Y.     Completion of, and participation in, individual support plan
   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     Repealed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
           26-28. Repealed

           Division 2-Procedure

   29.     Magistrate may exercise registrar's powers
           30-42. Repealed
   43.     Witness summonses
   44.     Production before date for attendance
   45.     Attendance of witnesses on adjournment
           46-49. Repealed
   50.     Power to amend where there is a defect or error
           50A, 51. Repealed
   52.     Abettors in summary offences triable as principal offenders
           53-56B. Repealed

           Division 3-Warrants
           Subdivision 1-General

   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
           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, 67. Repealed
           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
           Divisions 4, 5-Repealed
           83-96. 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
   106A.   Interaction with Civil Procedure Act 2010.

           Division 3-Pre-hearing conferences

   107.    Pre-hearing conferences
   107A.   Interaction with Civil Procedure Act 2010.

           Division 3A-Mediation

   108.    Power to refer proceedings to mediation
   108A.   Protection of mediators

           Division 3B-Repealed

           108B, 108C Repealed

           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.    Definitions
   120A.   Appointment of bail justices
   120B.   Application for appointment as bail justice
   120C.   Re-appointment of bail justices
   120D.   Application for re-appointment as bail justice
   120E.   Appointment of acting bail justices
   120F.   Application for appointment or re-appointment as acting bail justice
   120G.   Resignation
   120H.   Oath of office
   120I.   Judge or magistrate may exercise power of bail justice
   121.    Certain office-holders to be bail justices
   121A.   Validation of certain acts
   122.    Suspension from office
   122A.   Investigation of bail justice
   122B.   Removal of bail justice from office
   123.    Vacation of office
   124.    Protection of bail justices
   124AA.  Professional development and training
   124AB.  Guidelines

   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-130. Repealed
   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 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
           2-7-Repealed
           SCHEDULE 8-Savings and Transitionals
           _______________
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details