MAGISTRATES' COURT ACT 1989

Victorian Consolidated Legislation

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MAGISTRATES' COURT ACT 1989 - NOTES

No. 51 of 1989
Version incorporating amendments as at 1 October 2009

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.
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Part 1-Preliminary


Magistrates' Court Act 1989
No. 51 of 1989