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 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
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
- 150 Savings and transitionals