MAGISTRATES' COURT ACT 1989 - SECT 3 Definitions
MAGISTRATES' COURT ACT 1989 - SECT 3
Definitions(1) In this Act—
S. 3(1) def. of Aboriginal elder or respected person inserted by No. 27/2002 s. 4.
"Aboriginal elder or respected person" means a person who holds office as an Aboriginal elder or respected person under section 17A;
S. 3(1) def. of Aborigine inserted by No. 27/2002 s. 4.
"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;
S. 3(1) def. of accused inserted by No. 68/2009 s. 97(Sch. item 82.1).
"accused" has the same meaning as in the Criminal Procedure Act 2009 ;
S. 3(1) def. of appropriate dispute resolution inserted by No. 47/2010 s. 88(b).
"appropriate dispute resolution" has the same meaning as it has in the Civil Procedure Act 2010 ;
S. 3(1) def. of appropriate registrar substituted by No. 64/1996 s. 24(a), amended by No. 68/2009 s. 97(Sch. item 82.2(a)).
"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 an order made under section 31 of the Criminal Procedure Act 2009 ;
S. 3(1) def. of Assessment and Referral Court List inserted by No. 12/2010 s. 4(1).
"Assessment and Referral Court List" means the list established by section 4S;
S. 3(1) def. of authorised deposit-taking institution inserted by No. 11/2001 s. 3(Sch. item 44.1(a)).
"authorised deposit-taking institution" has the same meaning as in the Banking Act 1959 of the Commonwealth;
S. 3(1) def. of bail guarantor inserted by No. 28/2023 s. 70(1).
"bail guarantor" has the same meaning as in the Bail Act 1977 ;
S. 3(1) def. of bank repealed by No. 11/2001 s. 3(Sch. item 44.1(b)).
* * * * *
S. 3(1) def. of chief administrator repealed by No. 46/1998 s. 7(Sch. 1).
* * * * *
"civil registry court" means a venue of the Court that is prescribed by the Rules to be a civil registry court;
S. 3(1) def. of committal mention date inserted by No. 34/1990 s. 4(Sch. 3 item 1), substituted by No. 10/1999 s. 8(1), repealed by No. 7/2009 s. 427(1)(a) (as amended by No. 68/2009 s. 54(m)).
* * * * *
"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;
S. 3(1) def. of defendant amended by No. 68/2009 s. 97(Sch. item 82.2(b)).
"defendant" means—
* * * * *
(b) a person against whom a civil proceeding has been commenced in the Court;
S. 3(1) def. of Department substituted by No. 46/1998 s. 7(Sch. 1).
"Department" means the Department of Justice;
S. 3(1) def. of depositions repealed by No. 7/2009 s. 427(1)(a) (as amended by No. 68/2009 s. 54(m)).
* * * * *
S. 3(1) def. of designated place inserted by No. 43/2011 s. 34, substituted by No. 37/2014 s. 10(Sch. item 101.1(b)).
"designated place" has the same meaning as in the Victoria Police Act 2013 ;
"driver licence" has the same meaning as in the Road Safety Act 1986 ;
S. 3(1) def. of election date repealed by No. 68/2009 s. 97(Sch. item 82.2(c)).
* * * * *
S. 3(1) def. of enforcement warrant inserted by No. 47/2014 s. 268(a).
"enforcement warrant" has the same meaning as in the Fines Reform Act 2014 ;
S. 3(1) def. of excluded judicial officer inserted by No. 63/2013 s. 74(1), amended by No. 21/2015 s. 3(Sch. 1 item 32.1).
"excluded judicial officer "means—
(a) the Chief Magistrate;
(b) a Deputy Chief Magistrate;
(c) a Deputy State Coroner;
"execution copy", in relation to a warrant, means the copy issued for the purposes of execution;
S. 3(1) def. of family member inserted by No. 27/2002 s. 4.
family member has the meaning given by section 3A;
S. 3(1) def. of family violence inserted by No. 77/2004 s. 3(1), substituted by No. 52/2008 s. 251(1).
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;
S. 3(1) def. of hearing date repealed by No. 7/2009 s. 427(1)(a) (as amended by No. 68/2009 s. 54(m)).
* * * * *
S. 3(1) def. of homeless person inserted by No. 51/2006 s. 3(1).
"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;
S. 3(1) def. of informant repealed by No. 7/2009 s. 427(1)(a) (as amended by No. 68/2009 s. 54(m)).
* * * * *
S. 3(1) def. of Infringements Court inserted by No. 12/2006 s. 169(b), repealed by No. 47/2014 s. 268(b).
* * * * *
S. 3(1) def. of infringements registrar inserted by No. 12/2006 s. 169(b), repealed by No. 47/2014 s. 268(b).
* * * * *
S. 3(1) def. of infringement warrant inserted by No. 12/2006 s. 169(b), repealed by No. 47/2014 s. 268(b).
* * * * *
S. 3(1) def. of intellectual disability inserted by No. 12/2010 s. 4(1).
"intellectual disability" has the same meaning as it has in the Disability Act 2006 ;
S. 3(1) def. of judge of the County Court inserted by No. 3/2016 s. 32(1).
"judge" of the County Court means a judge of the County Court appointed under the County Court Act 1958 , other than the Chief Judge or a reserve judge appointed under that Act;
S. 3(1) def. of Judge of the Supreme Court inserted by No. 1/2022 s. 14.
"Judge of the Supreme Court" means a person referred to in section 75(3)(d) of the Constitution Act 1975 ;
S. 3(1) def. of judicial registrar inserted by No. 19/2005 s. 3.
"judicial registrar" means a judicial registrar of the Court appointed under section 16C;
S. 3(1) def. of judicial resolution conference inserted by No. 50/2009 s. 12, amended by No. 34/2010 s. 49(1), substituted by No. 47/2010 s. 88(a).
"judicial resolution conference" has the same meaning as it has in the Civil Procedure Act 2010 ;
S. 3(1) def. of jurisdictional limit substituted by No. 64/1996 s. 24(b), amended by No. 68/2004 s. 3.
"jurisdictional limit" in a civil proceeding means $100 000;
S. 3(1) def. of Koori Court officer inserted by No. 27/2002 s. 4, amended by No. 108/2004 s. 117(1) (Sch. 3 item 118.1).
"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;
S. 3(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 63.1), amended by No. 17/2014 s. 160(Sch. 2 item 59.1).
"legal practitioner" means an Australian legal practitioner;
S. 3(1) def. of magistrate inserted by No. 36/2007 s. 3(1), amended by Nos 5/2013 s. 31(1), 63/2013 s. 40, 3/2016 s. 32(2).
"magistrate" includes the Chief Magistrate and a reserve magistrate engaged under section 9C to undertake the duties of a magistrate during any period of engagement or acting under section 9EA;
"Magistrates' Court" means the Magistrates' Court of Victoria;
S. 3(1) def. of mental illness inserted by No. 12/2010 s. 4(1), amended by Nos 26/2014 s. 455(Sch. item 20.1), 39/2022 s. 845.
"mental illness" has the same meaning as it has in the Mental Health and Wellbeing Act 2022 ;
S. 3(1) def. of mention court amended by No. 64/1996 s. 24(c).
"mention court" means a venue of the Court that is nominated by the Chief Magistrate under section 5A as a mention court;
S. 3(1) def. of mention date repealed by No. 7/2009 s. 427(1)(a) (as amended by No. 68/2009 s. 54(m)).
* * * * *
"motor vehicle" has the same meaning as in the Road Safety Act 1986 ;
S. 3(1) def. of Neighbour-hood Justice officer inserted by No. 51/2006 s. 3(1).
"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;
S. 3(1) def. of part-time magistrate inserted by No. 31/2004 s. 3, repealed by No. 63/2013 s. 74(2).
* * * * *
S. 3(1) def. of part-time service arrangement inserted by No. 63/2013 s. 74(1).
"part-time service arrangement" means an arrangement entered under section 7A;
S. 3(1) def. of party inserted by No. 77/2004 s. 3(1), substituted by No. 52/2008 s. 251(1).
"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 ;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 101.1(a)).
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
S. 3(1) def. of prescribed amended by No. 68/2009 s. 97(Sch. item 82.2(d)).
"prescribed" means prescribed by the regulations unless required to be prescribed by rules of court;
"principal registrar" means principal registrar of the Court;
"prison" has the same meaning as in the Corrections Act 1986 ;
S. 3(1) def. of prison officer inserted by No. 34/1990 s. 4(Sch. 3 item 2).
"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 ;
S. 3(1) def. of proceeding amended by Nos 12/2006 s. 169(a), 47/2014 s. 268(d).
"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 under the Fines Reform Act 2014 ;
S. 3(1) def. of process amended by Nos 33/1994 s. 4, 48/2006 s. 42(Sch. item 22.1(a)), 87/2009 s. 60(1), 47/2014 s. 268(c).
"process" includes witness summons, charge-sheet, summons to answer to a charge, complaint, warrant to arrest, remand warrant, search warrant, warrant to seize property, 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;
S. 3(1) def. of proper venue amended by Nos 64/1996 s. 24(d), 77/2004
s. 3(2)(a)–(c), 51/2006 s. 3(2)(a)-(c), 52/2008
s. 251(2), 68/2008 s. 78, 68/2009 s. 97(Sch. item 82.2(e)),
12/2010
s. 4(2) (as amended by No. 43/2012 s. 3(Sch.
item 28)), 53/2010 s. 221(Sch. item 7.1), 53/2016 s. 103,
33/2018 ss 35, 41, 47/2021 s. 27.
"proper venue"—
(a) subject to paragraphs (ca), (dc) 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 accused; and
(b) subject to paragraphs (ca) 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
* * * * *
* * * * *
(ca) in relation to a proceeding in respect of which the Specialist Family Violence Court Division has jurisdiction (other than an interim order under the Family Violence Protection Act 2008 ), means the venue of the Court at which the Specialist Family Violence Court Division may sit and act that the Court determines is the most appropriate venue for the matter, having regard to the following—
(i) the place where the family violence the subject of the proceeding is alleged to have been committed;
(ii) the place of residence of the accused, defendant or respondent (within the meaning of the Family Violence Protection Act 2008 );
(iii) the place of permanent or temporary residence of the person against whom the family violence is alleged to have been committed;
(iv) the safety of the parties;
(v) any other considerations the Court thinks relevant; and
(d) in relation to a proceeding for an interim order under the Family Violence Protection Act 2008 or the Personal Safety Intervention Orders Act 2010 means any civil registry court; and
(da) in relation to a proceeding under the Family Violence Protection Act 2008 or the National Domestic Violence Order Scheme Act 2016 , means—
(i) a venue of the Court determined in accordance with paragraph (ca), (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 Personal Safety Intervention Orders Act 2008 , means—
(i) a venue of the court determined in accordance with paragraph (d) or (e); or
(ii) the civil registry court that 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 mediation assessment services at particular venues of the Court;
(E) the need to manage case flow;
(F) any other considerations the Court thinks relevant; and
(dc) in relation to a proceeding in respect of which the Assessment and Referral Court List has jurisdiction, means—
(i) a venue of the Court determined in accordance with paragraph (a), (b), (ca) or (d); or
(ii) a venue of the Court at which the Assessment and Referral Court List may sit and act;
(dd) in relation to a proceeding under Part 4A of the Terrorism (Community Protection) Act 2003 (other than a proceeding in respect of an offence under section 22CU of that Act), means—
(i) the place of residence of the supported person (within the meaning of that Part) or the person in respect of whom it is proposed that the support and engagement order be made (as the case requires); or
(ii) the venue of the Court which the Court determines is the most appropriate venue for the matter, having regard to the following—
(A) the administrative and other facilities available at particular venues of the Court;
(B) the ability of the parties to attend a particular venue of the court, taking into account the respondent's (or supported person's) place of work, residence and any childcare requirements;
(C) the need to manage case flow;
(D) any other considerations the Court thinks relevant;
(e) in relation to a proceeding in respect of which the Neighbourhood Justice Division has jurisdiction, means—
(i) a venue of the Court determined in accordance with paragraph (a), (b), (ca) or (d); or
(ii) a venue of the Court at which the Neighbourhood Justice Division may sit and act;
S. 3(1) def. of protective services officer inserted by No. 43/2011 s. 34, substituted by No. 37/2014 s. 10(Sch. item 101.1(c)).
"protective services officer" has the same meaning as in the Victoria Police Act 2013 ;
S. 3(1) def. of registered valuer repealed by No. 91/1994 s. 36(7)(a).
* * * * *
"registrar" means registrar of the Court;
S. 3(1) def. of reserve magistrate inserted by No. 5/2013 s. 31(2).
"reserve magistrate" means a person appointed under section 9A ;
S. 3(1) def. of return date repealed by No. 68/2009 s. 97(Sch. item 82.2(f)).
* * * * *
S. 3(1) def. of Secretary inserted by No. 46/1998 s. 7(Sch. 1).
"Secretary" means the Secretary to the Department of Justice;
S. 3(1) def. of Secretary to the Department of Health inserted by No. 29/2010 s. 63(1).
"Secretary to the Department of Health" means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department of Health;
S. 3(1) def. of sentence inserted by No. 68/2009 s. 97(Sch. item 82.1).
"sentence" has the same meaning as in the Criminal Procedure Act 2009 ;
S. 3(1) def. of sentencing order amended by Nos 49/1991
s. 119(7)
(Sch. 4 item 13.1), 48/1997 s. 64, 65/2004 s. 4(2),
80/2005 s. 19, 93/2005 s. 10, 30/2009 s. 196, repealed by No. 7/2009
s. 427(1)(a) (as amended by No. 68/2009 s. 54(m)).
* * * * *
S. 3(1) def. of sexual offence inserted by No. 8/1991 s. 12, repealed by No. 7/2009 s. 427(1)(a) (as amended by No. 68/2009 s. 54(m)). new def. of sexual offence inserted by No. 68/2009 s. 97(Sch. item 82.1).
"sexual offence" has the same meaning as in the Criminal Procedure Act 2009 ;
"subordinate instrument" has the same meaning as in the Interpretation of Legislation Act 1984 ;
S. 3(1) def. of the rules amended by Nos 64/1996 s. 24(e), 20/2022 s. 33.
"the rules" means rules of court jointly made by the Chief Magistrate together with one or more Deputy Chief Magistrates, whether under the powers conferred by this Act or otherwise;
S. 3(1) def. of youth justice centre inserted by No. 48/2006 s. 42(Sch. item 22.1(b)).
"youth justice centre" means a youth justice centre established under section 478 of the Children, Youth and Families Act 2005 .
S. 3(1) def. of youth training centre amended by No. 56/1989 s. 286(Sch. 2 item 11.1 (as amended by No. 93/1990 s. 24(h)(v)), repealed by No. 48/2006 s. 42(Sch. item 22.1(c)).
* * * * *
S. 3(2) substituted by No.
46/1998
s. 7(Sch. 1), amended by No. 108/2004 s. 117(1) (Sch.
3 item 118.2).
(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.
S. 3A inserted by No. 27/2002 s. 5.