Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SCHEDULE 4

Section 53(1) INDICTABLE OFFENCES WHICH MAY BE HEARD AND DETERMINED SUMMARILY

1. Causing serious injury recklessly

Offences under section 17 of the Crimes Act 1958.

2. Extortion with threat to kill

Offences under section 27 of the Crimes Act 1958.

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14. Occupier, etc. permitting unlawful sexual penetration

Offences under section 54 of the Crimes Act 1958.



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16. Theft

Offences under section 74 of the Crimes Act 1958, if the amount or value of
the property alleged to have been stolen does not in the judgment of the Court
exceed $100 000 or if the property alleged to have been stolen is a motor
vehicle.

17. Robbery

Offences under section 75 of the Crimes Act 1958, if the amount or value of
the property alleged to have been stolen does not in the judgment of the Court
exceed $100 000.

18. Burglary

Offences under section 76 of the Crimes Act 1958, if the offence involves an
intent to steal property the amount or value of which does not in the judgment
of the Court exceed $100 000.

19. Aggravated burglary

Offences under section 77 of the Crimes Act 1958, if the offence involves an
intent to steal property the amount or value of which does not in the judgment
of the Court exceed $100 000.



20. Removal of articles from places open to the public

Offences under section 78 of the Crimes Act 1958, if the amount or value of
the article alleged to have been removed does not in the judgment of the Court
exceed $100 000.

21. Obtaining property by deception

Offences under section 81 of the Crimes Act 1958, if the amount or value of
the property alleged to have been obtained does not in the judgment of the
Court exceed $100 000.

22. Obtaining financial advantage by deception

Offences under section 82 of the Crimes Act 1958, if the amount or value of
the financial advantage alleged to have been obtained does not in the judgment
of the Court exceed $100 000.

23. False accounting

Offences under section 83 of the Crimes Act 1958, if the amount or value of
the alleged gain or loss does not in the judgment of the Court exceed $100
000.

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26. Suppression, etc. of documents

Offences under section 86 of the Crimes Act 1958, if the amount or value of
the alleged gain or loss does not in the judgment of the Court exceed $100
000.





27. Handling stolen goods

Offences under section 88 of the Crimes Act 1958, if the stolen goods alleged
to have been handled are a motor vehicle or, in any other case, the amount or
value of the stolen goods alleged to have been handled does not in the
judgment of the Court exceed $100 000.

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29. Receipt or solicitation of secret commission by agent

Offences under section 176 of the Crimes Act 1958, if the amount or value of
the valuable consideration received, solicited, given or offered does not in
the judgment of the Court exceed $100 000.

30. Giving or receiving false or misleading receipt or account

Offences under section 178 of the Crimes Act 1958, if the amount or value of
the valuable consideration received or given does not in the judgment of the
Court exceed $100 000.

31. Gift or receipt of secret commission in return for advice given

Offences under section 179 of the Crimes Act 1958, if the amount or value of
the valuable consideration received or given does not in the judgment of the
Court exceed $100 000.

32. Secret commission to trustee in return for substituted appointment

Offences under section 180 of the Crimes Act 1958, if the amount or value of
the valuable consideration received or given does not in the judgment of the
Court exceed $100 000.

33. Aiding and abetting offences within or outside Victoria

Offences under section 181 of the Crimes Act 1958, if the amount or value of
the valuable consideration received or given does not in the judgment of the
Court exceed $100 000.

34. Fraudulently inducing persons to invest money

Offences under section 191 of the Crimes Act 1958.

34A. Dealing with proceeds of crime

Offences under section 194(1) and (2) of the Crimes Act 1958, if the property
alleged to have been dealt with is a motor vehicle or, in any other case, the
amount or value of the proceeds of crime alleged to have been dealt with does
not in the judgment of the Court exceed $100 000.

34B. Dealing with property which subsequently becomes an instrument of crime

Offences under section 195A(1) of the Crimes Act 1958, if the amount or value
of the property alleged to have been dealt with does not in the judgment of
the Court exceed $100 000.

35. Destroying or damaging property

Offences under section 197(1) and (3) of the Crimes Act 1958 (including
offences charged as arson), if the amount or value of the property alleged to
be destroyed or damaged does not in the judgment of the Court exceed $100 000.

36. Threats to destroy or damage property

Offences under section 198 of the Crimes Act 1958, if the amount or value of
the property alleged to be threatened to be destroyed or damaged does not in
the judgment of the Court exceed $100 000.

37. Possessing anything with intent to destroy or damage property

Offences under section 199 of the Crimes Act 1958, if the amount or value of
the property alleged to be intended to be destroyed or damaged does not in the
judgment of the Court exceed $100 000.

37A. Computer Offences



(1) Offences under section 247B of the Crimes Act 1958, if the maximum penalty
does not exceed level 5 imprisonment.

(2) Offences under sections 247E and 247F of the Crimes Act 1958.

37B. Perjury

Offences under section 314 of the Crimes Act 1958.

37C. Conspiracy to cheat and defraud

Offences at common law of conspiracy to cheat and defraud, if the amount or
value of the property or the financial advantage alleged to be involved does
not in the judgment of the Court exceed $100 000;

37D. Conspiracy to defraud

Offences at common law of conspiracy to defraud, if the amount or value of the
property or the financial advantage alleged to be involved does not in the
judgment of the Court exceed $100 000.

38. Commercial quantity of RC publications, films or computer games

Offences under sections 15(3), 23A(1), 23A(2), 25(4), 31(3), 36(3), 45A(1) and
45A(2) of the
Classification (Publications, Films and Computer Games) (Enforcement) Act 1995.

39. Non-compliance with compliance notice

Offences under section 48(1) of the Information Privacy Act 2000.





40. Publication or transmission of child pornography

Offences under section 57A of the
Classification (Publications, Films and Computer Games) (Enforcement) Act 1995.



41. Unlawful interment

An offence under section 114 of the Cemeteries and Crematoria Act 2003.









42. Offence to inter bodily remains in public cemetery without interment
authorisation

An offence under section 115 of the Cemeteries and Crematoria Act 2003.







42A. Unlawful cremation

An offence under section 129 of the Cemeteries and Crematoria Act 2003.

42B. Offence to cremate without cremation authorisation

An offence under section 130 of the Cemeteries and Crematoria Act 2003.

42C. Offence to make false statement in application for cremation
authorisation

An offence under section 132 of the Cemeteries and Crematoria Act 2003.

42D. Offence to make false statement in application for approval for cremation
by Secretary

An offence under section 137 of the Cemeteries and Crematoria Act 2003.

42E. Offence to make false statement in certificate of registered medical
practitioner authorising cremation

An offence under section 140 of the Cemeteries and Crematoria Act 2003.

42F. Offence to exhume other than in accordance with
Cemeteries and Crematoria Act 2003

An offence under section 155 of the Cemeteries and Crematoria Act 2003.

42G. Offence to dispose of falsely identified bodily remains

An offence under section 176 of the Cemeteries and Crematoria Act 2003.

42H. Offence to possess, carry or use a prohibited weapon in or in the
vicinity of licensed premises

An offence under section 5(1A) of the Control of Weapons Act 1990.

43. Non-compliance with enforcement notice-health information

Offences under section 71(1) of the Health Records Act 2001.









44. Obtaining payment for sexual services provided by a child

Offences under section 6(1) of the Prostitution Control Act 1994.

45. Agreement for provision of sexual services by a child

Offences under section 7(1) of the Prostitution Control Act 1994.





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46. Offence to have interest in more than one brothel licence or permit

Offences under section 75(1) of the Prostitution Control Act 1994.



49. Drug offences

Indictable offences under the
Drugs, Poisons and Controlled Substances Act 1981 (except for offences against
sections 71, 71AA, 72 and 72A and offences against the following provisions as
in force before the commencement of the Drugs, Poisons and Controlled
Substances (Amendment) Act 2001-

   (a)  section 71(1) where the alleged offence is committed in relation to a
        quantity of a drug of dependence that is not less than the commercial
        quantity applicable to that drug of dependence;

   (b)  section 72(1) where the alleged offence is committed in relation to a
        quantity of a drug of dependence, being a narcotic plant, that is not
        less than the commercial quantity applicable to that narcotic plant)

but the maximum penalties that the Court may impose are imprisonment for a
period not exceeding 3 years or a fine of not more than 50 penalty units or
both.

49A. Offence for prohibited person to possess, carry or use a firearm

Offences under section 5(1), (1A) and (2) of the Firearms Act 1996.

49B. Offence for a non-prohibited person to possess, carry or use a longarm
without a licence

Offences under section 6(3), (4), (5) and (6) of the Firearms Act 1996.

49BA. Offence to possess, carry or use an unregistered longarm

Offences under section 6A(1), (2), (3) and (4) of the Firearms Act 1996.

49BB. Offence for non-prohibited person to possess, carry or use a handgun
without a licence

Offences under section 7(1), (2), (3), (4), (5) and (6) of the
Firearms Act 1996.

49BC. Offence for holder of general category handgun licence to possess, carry
or use certain types of handguns under the licence

Offences under section 7A(1) and (6) of the Firearms Act 1996.

49BD. Offence to possess, carry or use an unregistered handgun

Offences under section 7B(1) and (2) of the Firearms Act 1996.

49C. Offence not to comply with licence conditions of longarm licence

Offences under section 36(3) of the Firearms Act 1996.

49D. Failure to dispose of firearms where licence not renewed

Offences under section 45(5) of the Firearms Act 1996.

49E. Failure to surrender firearms or licence document

Offences under section 53(1) of the Firearms Act 1996.

49F. Offence to carry on business of dealing in firearms

Offences under section 59(2) of the Firearms Act 1996.

49G. Failure to surrender firearms or licence document

Offences under section 83 of the Firearms Act 1996.

49H. Acquisition of firearms from particular persons

Offences under section 93(3) of the Firearms Act 1996.

49I. Disposal of firearms to particular persons

Offences under section 94(3) of the Firearms Act 1996.

49J. Acquisition of firearm from person who is not a licensed dealer

Offences under section 95(2), (2A), (3) and (4) of the Firearms Act 1996.

49K. Disposal of firearm to a person who is not a licensed dealer

Offences under section 96(2), (2A), (3) and (4) of the Firearms Act 1996.

49L. Acquisition of firearm from place outside the State

Offences under section 99(3) of the Firearms Act 1996.

49M. Disposal of firearm to place outside the State

Offences under section 100(3) of the Firearms Act 1996.

49MA. Offence to finance the illegal acquisition or disposal of firearms

Offences under section 101B(2) and (3) of the Firearms Act 1996.

49N. Acquisition of firearm without a permit

Offences under section 102(2A), (3) and (3A) of the Firearms Act 1996.

49O. Notice of bringing of firearm into the State

Offences under section 115(1) of the Firearms Act 1996.

49P. Notice of removal of firearm from the State

Offences under section 116(1) of the Firearms Act 1996.

49Q. Storage of longarms and handguns

Offences under section 121(3) of the Firearms Act 1996.

49R. Storage of firearms held under collectors licences

Offences under section 122(2) of the Firearms Act 1996.

49S. Storage of firearms under dealers licences

Offences under section 123(3) of the Firearms Act 1996.

49T. Safekeeping of firearms during carriage

Offences under section 126(3) of the Firearms Act 1996.

49U. Use of firearm by person other than possessor

Offences under section 127(2A) and (3) of the Firearms Act 1996.

49UA. Offence to use firearm held under a firearms collectors licence

Offences under section 127A(1) of the Firearms Act 1996.

49V. Carriage and use of firearms

Offences under section 132(2) of the Firearms Act 1996.

49W. Offence to alter a firearm

Offences under subsection (1), (2) and (3) of section 134 of the
Firearms Act 1996.

49WA. Offence to possess a firearm that has been altered in a particular way

Offences under section 134C of the Firearms Act 1996.

49X. Offence to own a firearm without a licence to possess

Offences under section 135(3) of the Firearms Act 1996.

49Y. Offence to dispose of a firearm to a minor

Offences under section 136 of the Firearms Act 1996.

49Z. Offence to alter documents

Offences under section 137 of the Firearms Act 1996.

49ZA. False entries in registers

Offences under section 138 of the Firearms Act 1996.

49ZB. Offence to make false or misleading statement or to use false or
misleading information

Offences under section 140A(2) of the Firearms Act 1996.

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51. Killing, taking, etc. whales

Offences under section 76(1), (2), (2A) and (5) of the Wildlife Act 1975, but
subject to section 85 of that Act.

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52A. Equipment (Public Safety) Act 1994

Indictable offences under the Equipment (Public Safety) Act 1994, but the
maximum penalty that the Court may impose is-

   (a)  in the case of a natural person, 240 penalty units; and

   (b)  in the case of a body corporate, 1200 penalty units.

53. Occupational Health and Safety Act 2004

Indictable offences under the Occupational Health and Safety Act 2004 but the
maximum penalty that the Court may impose is-

   (a)  in the case of a natural person, 240 penalty units; and

   (b)  in the case of a body corporate, 1200 penalty units.

53A. Dangerous Goods Act 1985

Indictable offences under the Dangerous Goods Act 1985, but the maximum
penalty that the Court may impose is-

   (a)  in the case of a natural person, 240 penalty units; and

   (b)  in the case of a body corporate, 1200 penalty units.

53B. Radiation Act 2005

Indictable offences under the Radiation Act 2005 but the maximum penalty that
the Court may impose is-

   (a)  in the case of a natural person, 240 penalty units; and

   (b)  in the case of a body corporate, 1200 penalty units.



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54A. Health Services Act 1988

Indictable offences under the Health Services Act 1988.

55. Aggravated pollution

Offences under section 59E of the Environment Protection Act 1970 but the
maximum penalties that the Court may impose are imprisonment for a period not
exceeding 2 years or a fine of not more than 1000 penalty units or both.

55A. Rail Safety Act 2006

Indictable offences under the Rail Safety Act 2006 but the maximum penalty
that the Court may impose is-

   (a)  in the case of a natural person, 240 penalty units; and

   (b)  in the case of a body corporate, 1200 penalty units.





55B. Road Management Act 2004

Indictable offences under section 48B, 48C or 48D of the
Road Management Act 2004 but the maximum penalty that the Court may impose is-

   (a)  in the case of a natural person, 240 penalty units; and

   (b)  in the case of a body corporate, 1200 penalty units.

56. Marine Act

Indictable offences under the Marine Act 1988, but subject to section 110 of
that Act.

56A. Pollution of Waters by Oil and Noxious Substances Act

Indictable offences under the Pollution of Waters by Oil and Noxious
Substances Act 1986, but subject to section 24C of that Act.

56B. Crimes Act

Offences under section 31A of the Crimes Act 1958.

56C. Electricity Industry Act 2000

Offences by a body corporate under section 97(7) of the
Electricity Industry Act 2000, offences under section 93A(1) or (2) or 97(11)
of that Act but the maximum penalty that the Court may impose in respect of
offences under section 93A(1) or (2) is-

   (a)  in the case of a natural person, 240 penalty units; and

   (b)  in the case of a body corporate, 1200 penalty units.

56D. Electricity Safety Act 1998

Offences under section 141A of the Electricity Safety Act 1998.

56E. Gas Industry Act 2001

Offences by a body corporate under section 208(5) of the Gas Industry Act 2001
and offences under section 149A(1) or (2), 186(9) or 210(1) of that Act but
the maximum penalty that the Court may impose in respect of offences under
section 149A(1) or (2) is-

   (a)  in the case of a natural person, 240 penalty units; and

   (b)  in the case of a body corporate, 1200 penalty units.

56F. Gas Safety Act 1997

Offences under section 107 of the Gas Safety Act 1997.

56G. Water Act 1989

Indictable offences under section 137A(1) or (2) of the Water Act 1989 but the
maximum penalty that the Court may impose is-

   (a)  in the case of a natural person, 240 penalty units; and

   (b)  in the case of a body corporate, 1200 penalty units.

56H. Water Industry Act 1994

Indictable offences under section 62A(1) or (2) of the Water Industry Act 1994
but the maximum penalty that the Court may impose is-

   (a)  in the case of a natural person, 240 penalty units; and

   (b)  in the case of a body corporate, 1200 penalty units.

57. Incitement

Offences under section 321G of the Crimes Act 1958 which are alleged to have
been committed in relation to an indictable offence to which section 53(1) of
this Act applies.

58. Attempts

Offences under section 321M of the Crimes Act 1958 which are alleged to have
been committed in relation to an indictable offence to which section 53(1) of
this Act applies.

59. Accessories

Offences under section 325 of the Crimes Act 1958 which are alleged to have
been committed in relation to a serious indictable offence (within the meaning
of that section) to which section 53(1) of this Act applies.

60. Concealing offences for benefit

Offences under section 326(1) of the Crimes Act 1958 which are alleged to have
been committed in relation to a serious indictable offence (within the meaning
of that section) to which section 53(1) of this Act applies.

61. Heritage Act 1995

Indictable offences under Part 4, Part 5 and Part 8 of the Heritage Act 1995.





62. Infertility Treatment Act

Indictable offences under the Infertility Treatment Act 1995.

63. Juries Act 2000

Offences under sections 66(1), 77(1), 78(1), 78(2) and 78(6) of the
Juries Act 2000.

63A. Environment Protection Act 1970

Indictable offences (other than an offence under section 59E) under the
Environment Protection Act 1970, but the maximum fine that the Court may
impose in respect of a single offence is 1000 penalty units.





64. Food Act 1984

Indictable offences under the Food Act 1984, but the maximum fine that the
court may impose in respect of a single offence is-

   (a)  in the case of a corporation, 2000 penalty units;

   (b)  in any other case, 600 penalty units.

65. Sports Event Ticketing (Fair Access) Act 2002

Indictable offences under the Sports Event Ticketing (Fair Access) Act 2002,
but the maximum fine that the Court may impose in respect of a single offence
is-

   (a)  300 penalty units in the case of a natural person; or

   (b)  1500 penalty units in the case of a body corporate.

66. Australian Crime Commission (State Provisions) Act 2003

Indictable offences under the
Australian Crime Commission (State Provisions) Act 2003, but the maximum
penalty that the Court may impose in respect of a single offence is a fine not
exceeding $2200 or imprisonment for a period not exceeding one year.

67. Tobacco Act 1987

Offences against sections 6(2D), 7(5), 8(3) and 9(5) of the Tobacco Act 1987.

68. Major Events (Aerial Advertising) Act 2007

An offence against section 10 of the
Major Events (Aerial Advertising) Act 2007.

69. Police Regulation Act 1958

Offences under section 127A(1AB) of the Police Regulation Act 1958.

70. Sex Offenders Registration Act 2004

Offences under section 46(1) of the Sex Offenders Registration Act 2004.
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