Victorian Current Acts Victorian Current Acts(1) The Court has and may exercise in relation to all matters over which it has jurisdiction all the powers and authorities that the Magistrates' Court has in relation to the matters over which it has jurisdiction.
S. 528(2) substituted by No. 68/2009 s. 78.
(2) Unless the contrary intention appears in this Act or any other Act—
(a) the Magistrates' Court Act 1989 (except section 58 and Part 5); and
S. 528(2)(b) amended by No. 30/2010 s. 41(1).
(b) the Criminal Procedure Act 2009 in relation to proceedings in the Magistrates' Court (other than section 54(2), Division 2 of Part 2.3 and Chapter 6); and
(c) subject to any rules of court made under this Act, the regulations and rules of court made under those Acts—
apply with any necessary modifications to the Children's Court and proceedings in the Court and, without limiting the application of section 419, to the issue of process in the same manner and to the same extent as they apply to the Magistrates' Court, the proceedings of that Court and the issue of process.
S. 528(2A) inserted by No. 30/2010 s. 41(2).
(2A) Despite section 39(1A) of the Criminal Procedure Act 2009 (as applied by subsection (2) of this section), a request under section 39(1) of that Act may be made at any time after the criminal proceeding has commenced.
(3) In punishing a person for a contempt of court under section 133 or 134 of the Magistrates' Court Act 1989 (as applied by subsection (2) of this section) the Court must not order that a person under the age of 18 years be committed to prison but instead be committed to—
(a) in the case of a child of or above the age of 15 years, a youth justice centre; or
(b) in the case of a child under the age of 15 years, a youth residential centre.
S. 528A inserted by No. 52/2013 s. 54.