Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 3

Definitions

3. Definitions



(1) In this Act-

Aboriginal elder or respected person means a person who holds office as an
Aboriginal elder or respected person under section 17A;

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;

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 clause 1(2B) of Schedule 2;

authorised deposit-taking institution has the same meaning as in the
Banking Act 1959 of the Commonwealth;



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civil registry court means a venue of the Court that is prescribed by the
Rules to be a civil registry court;

committal mention date has the meaning given in clause 1(1) of Schedule 5;





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;





defendant means-

   (a)  a person charged with an offence, whether indictable or summary; or

   (b)  a person against whom a civil proceeding has been commenced in the
        Court;

Department means the Department of Justice;



depositions means the transcript of evidence given at a committal proceeding
and any statements tendered at a committal proceeding in accordance with
Schedule 5;

driver licence has the same meaning as in the Road Safety Act 1986;

election date means the date specified in a notice under clause 2(a)(ii) of
Schedule 3;

execution copy, in relation to a warrant, means the copy issued for the
purposes of execution; family member has the meaning given by section 3A;

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;

hearing date, in relation to a criminal proceeding, means the date on which
the proceeding is listed for hearing; 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;

informant means a person who commences a criminal proceeding in the Court;
Infringements Court means the venue of the Court prescribed by the rules made
under section 16(1A)(m);

infringements registrar has the same meaning as it has in the
Infringements Act 2006;

infringement warrant has the same meaning as it has in the
Infringements Act 2006;

judicial registrar means a judicial registrar of the Court appointed under
section 16C;

judicial resolution conference means a resolution process presided over by a
magistrate for the purposes of negotiating a settlement of a dispute
including, but not limited to-

   (a)  mediation, whether or not referred to that person in accordance with
        the Rules;

   (b)  early neutral evaluation;

   (c)  settlement conference;

   (d)  conciliation;

jurisdictional limit in a civil proceeding means $100 000;



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;

legal practitioner means an Australian legal practitioner within the meaning
of the Legal Profession Act 2004;

magistrate includes an acting magistrate;



Magistrates' Court means the Magistrates' Court of Victoria;

mention court means a venue of the Court that is nominated by the Chief
Magistrate under section 5A as a mention court;

mention date, in relation to a criminal proceeding, means the first date on
which the proceeding is listed before the Court;

motor vehicle has the same meaning as in the Road Safety Act 1986;
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; part-time magistrate means a
magistrate who-

   (a)  is appointed on a part-time basis under section 7; or

   (b)  has entered into an agreement with the Chief Magistrate under section
        13(3); 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;

prescribed means prescribed by the regulations;

principal registrar means principal registrar of the Court;

prison has the same meaning as in the Corrections Act 1986;

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;

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 as infringements registrar;

process includes witness summons, charge-sheet, summons to answer to a charge,
complaint, warrant to arrest, remand warrant, search warrant, warrant to seize
property, penalty 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;

proper venue-

   (a)  subject to paragraphs (c) 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 defendant; and

   (b)  subject to paragraphs (c) 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

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   (c)  in relation to a proceeding in respect of which the Family Violence
        Court Division has jurisdiction (other than an interim order under the
        Family Violence Protection Act 2008), means-

   (i)  a venue of the Court at which the Family Violence Court Division may
        sit and act but only if at least one of the following places is within
        a postcode area specified, in relation to that venue, by the Minister
        by notice published in the Government Gazette-

                (A)  the place where the family violence the subject of the
                     proceeding is alleged to have been committed;

                (B)  the place of residence of the defendant;

                (C)  the place of permanent or temporary residence of the
                     person against whom the family violence is alleged to
                     have been committed; or

   (ii) if subparagraph (i) does not apply, the mention court or civil
        registry court determined under paragraph (a) or (b) (as the case may
        be); and

   (d)  in relation to a proceeding for an interim order under the
        Family Violence Protection Act 2008 or the
        Stalking Intervention Orders Act 2008 means any civil registry court;
        and

   (da) in relation to a proceeding under the
        Family Violence Protection Act 2008, means-

   (i)  a venue of the Court determined in accordance with paragraph (c), (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
        Stalking Intervention Orders Act 2008, means-

   (i)  a venue of the court determined in accordance with paragraph (b), (d)
        or (e); or

   (ii) the civil registry court that is nearest to the place of permanent or
        temporary residence of the affected person (within the meaning of that
        Act); and

   (e)  in relation to a proceeding in respect of which the Neighbourhood
        Justice Division has jurisdiction-

   (i)  a venue of the Court determined in accordance with paragraph (a), (b),
        (c) or (d); or

   (ii) a venue of the Court at which the Neighbourhood Justice Division may
        sit and act;

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registrar means registrar of the Court;

return date, in relation to a criminal proceeding, means any date on which the
proceeding is listed before the Court;

Secretary means the Secretary to the Department of Justice;

sentencing order means any order made by the Court following a finding of
guilt and includes-

   (a)  any order made under Part 3, 3A, 4 or 5 of the Sentencing Act 1991,
        including any order made under section 87 of the
        Major Sporting Events Act 2009; and

   (ab) an aggregate sentence of imprisonment imposed in accordance with
        section 9(1) of the Sentencing Act 1991, or an aggregate fine imposed
        in accordance with section 51 of that Act, in respect of two or more
        offences; and

   (ac) any order made under section 84S or 84T of the Road Safety Act 1986;
        and

   (b)  the recording of a conviction;

sexual offence means an offence under Subdivision (8A), (8B), (8C), (8D) or
(8E) of Division 1 of Part I of the Crimes Act 1958 or under any corresponding
previous enactment or an attempt to commit any such offence or an assault with
intent to commit any such offence;

subordinate instrument has the same meaning as in the
Interpretation of Legislation Act 1984;

the rules means rules of court jointly made by the Chief Magistrate together
with 2 or more Deputy Chief Magistrates, whether under the powers conferred by
this Act or otherwise; youth justice centre means a youth justice centre
established under section 478 of the Children, Youth and Families Act 2005.



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(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.