Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 30

Prescribed persons may issue summons

30. Prescribed persons may issue summons



(1) Without limiting the power of a registrar in any way-

   (a)  a member of the police force; or



   (b)  a public official acting in the performance of his or her duty
        (whether the power to commence the proceeding is conferred on him or
        her by or under an Act or at common law)-

may, after signing a charge-sheet, issue a summons to answer to the charge.

(1A) In this section-

public official means-

   (a)  a public official within the meaning of the
        Public Administration Act 2004; or

   (b)  a person employed by, or the holder of an office in, or on the
        governing body of-

   (i)  a Council within the meaning of the Local Government Act 1989; or

   (ii) the Office of Public Prosecutions; or

   (c)  in the case of a charge for an offence referred to in section 24(1) of
        the Prevention of Cruelty to Animals Act 1986, a full-time officer of
        the Royal Society for the Prevention of Cruelty to Animals authorised
        under section 24(1)(b) of that Act.

(2) If a member of the police force or a public official issues a summons
under subsection (1)-





   (a)  he or she must file the charge and summons with the appropriate
        registrar within 7 days after signing the charge-sheet; and

   (b)  the proceeding for the offence is commenced at the time the
        charge-sheet is signed, despite anything to the contrary in section
        26(1).

(3) Subject to subsection (4), if it appears to the Court that subsection
(2)(a) has not been complied with in relation to a proceeding, the Court may
strike out the charge4, 5.

Note Section 131 permits the Court to award costs if a proceeding is struck
out.

(4) If a member of the police force or a public official issues a summons
under subsection (1) and files the charge and summons with the registrar at a
venue of the Court other than the proper venue, subclauses (2A) and (2B) of
clause 1 of Schedule 2 apply to the hearing and determination of the charge,
whether or not the charge is for a summary offence 6.