Victorian Current Acts

MAGISTRATES' COURT ACT 1989

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   3A.     Meaning of family member  

   PART 2--THE MAGISTRATES' COURT OF VICTORIA

   4.      Establishment of the Magistrates' Court  
   4A.     Establishment of Drug Court Division  
   4B.     Adjournment of proceeding to Drug Court Division  
   4D.     Establishment of Koori Court Division  
   4E.     Jurisdiction of Koori Court Division  
   4EA.    Circumstances in which Koori Court Division may deal with contravention of a sentence imposed by another Division of the Magistrates' Court  
   4F.     Circumstances in which Koori Court Division may deal with certain offences  
   4FA.    Certain matters may be dealt with by Koori Court Division only in certain venues  
   4G.     Sentencing procedure in Koori Court Division  
   4IA.    Establishment of Specialist Family Violence Court Division  
   4IB.    Jurisdiction of Specialist Family Violence Court Division  

           Division 1--of Part 4 of the Sentencing Act 1991 deals with restitution. Division 2 of Part 4 of the Sentencing Act 1991 deals with compensation.

   4J.     Adjournment to seek legal advice  
   4K.     Alternative arrangements for giving evidence  
   4L.     Restriction on children being called as witnesses or present in court  
   4M.     Establishment of Neighbourhood Justice Division  
   4N.     Places where Neighbourhood Justice Division may sit and act  
   4O.     Jurisdiction of Neighbourhood Justice Division  
   4P.     Transfer of proceedings  
   4Q.     Sentencing procedure in Neighbourhood Justice Division  
   4R.     Sexual Offences List  
   4S.     Assessment and Referral Court List  
   4T.     Eligibility criteria  
   4U.     Specific powers of the Assessment and Referral Court List  
   4V.     Adjournment of proceeding in Assessment and Referral Court List  
   4W.     Other adjournment powers not limited  
   4X.     Transfer of proceedings to and from Assessment and Referral Court List  
   4Y.     Completion of, and participation in, individual support plan  
   5.      Where and when Court to be held  
   5A.     Mention courts  
   6.      Magistrate to be in attendance  
   7.      Appointment of magistrates  
   7A.     Entry into part-time service arrangement  
   7B.     Variation of part-time service arrangement  
   7C.     Suspension of part-time service arrangement  
   7D.     Termination of part-time service arrangement  
   8.      Appointment of Acting Chief Magistrate  
   9A.     Appointment of reserve magistrates  
   9B.     Cessation of office  
   9C.     Chief Magistrate may engage reserve magistrate to undertake duties of a magistrate  
   9D.     Pension rights and service of Chief Magistrate not affected by being a reserve magistrate  
   9E.     Powers, jurisdiction, immunities and protection of reserve magistrate  
   9EA.    Power to complete matters—magistrates and reserve magistrates  
   9F.     Engaging in legal practice or other paid employment  
   10.     Salaries, superannuation contributions, allowances and other conditions of service  
   10A.    Pension of Chief Magistrate  
   12.     Vacation of office  
   12A.    Administrative responsibility of Chief Magistrate  
   13.     Assignment of duties  
   13A.    Delegation by the Chief Magistrate  
   13B.    Professional development and training  
   14.     Protection of magistrates  
   15.     Council of magistrates  
   16.     Rules of Court  
   16A.    Practice notes  
   16AB.   Constitution of Court if magistrate unable to continue and constitution of Court in certain circumstances  

   PART 2A--JUDICIAL REGISTRARS

   16B.    Guidelines relating to the appointment of judicial registrars  
   16C.    Appointment of judicial registrars  
   16D.    Terms and conditions of appointment  
   16DB.   Oath or affirmation of office  
   16E.    Resignation from office  
   16I.    Rules of Court  
   16J.    Performance of duties by judicial registrar  
   16K.    Appeal from or review of determination of Court constituted by judicial registrar  

   PART 3--OFFICERS OF THE COURT

   17.     Employment of principal registrar, registrars and deputy registrars  
   17A.    Appointment of Aboriginal elders or respected persons  
   18.     Register  
   19.     Offence to publish certain information concerning proceedings  
   19A.    Recording of proceedings  
   20.     Process  
   21.     Powers of registrar  
   22.     Fees  
   23.     Extortion by and impersonation of court officials  
   24.     Protection of registrars  

   PART 4--WARRANTS AND CRIMINAL PROCEEDINGS

           Division 1--Jurisdiction

   25.     Extent of jurisdiction  

           Division 2--Procedure

   29.     Magistrate may exercise registrar's powers  
   43.     Witness summonses  
   44.     Production before date for attendance  
   45.     Attendance of witnesses on adjournment  
   50.     Power to amend where there is a defect or error  

           Division 3--Warrants

   57.     Warrants  
   57A.    Warrants to arrest issued under Evidence Act 2008  
   58.     Recall and cancellation of warrant  
   59.     Duplicate warrants  
   60.     Effect of defect or error in certain warrants  
   61.     Issue of warrant to arrest  
   62.     Endorsing a warrant for bail  
   63.     Persons to whom warrant to arrest may be directed  
   64.     Authority conferred by warrant to arrest  
   65.     Arrest of person against whom warrant to arrest is issued  
   68.     Issue of warrant to imprison  
   69.     Persons to whom warrant to imprison may be directed  
   70.     Directions in, and authority of, warrant to imprison  
   71.     Reduction of imprisonment by payment of portion of fine  
   72.     Provisions extend to detention in youth justice centre  
   73.     Warrant to seize property  
   74.     Authority conferred by warrant to seize property  
   75.     Search warrants  
   76.     Persons to whom search warrant may be directed  
   77.     Endorsing a warrant for bail  
   78.     Authority conferred by search warrant  
   79.     Remand warrants  
   80.     Persons to whom remand warrant may be directed  
   81.     Directions in, and authority of, remand warrant  
   82.     Remand of more than 8 clear days  
   82I.    Power to assist police at road checks  

           Division 6--Enforcement

   97.     Imprisonment in default of payment of fine  
   98.     Enforcement of fines against corporations  
   99.     Infringement offence enforcement procedure under the Fines Reform Act 2014  
   99A.    Certain agencies may give information for enforcement purposes  

   PART 5--CIVIL PROCEEDINGS

           Division 1--Jurisdiction

   100.    Extent of jurisdiction[10]  
   101.    Proceedings beyond jurisdiction  

           Division 1A--Administration of children's funds

   101A.   Court orders relating to administration of children's funds  

           Division 1B--Transfer and payment of money to the Supreme Court for person under disability

   101B.   Money held in court for person under disability  

           Division 2--Arbitration

   102.    Arbitration for small claims  
   103.    Conduct of arbitration  
   104.    Award  
   105.    Costs  
   106.    Commercial Arbitration Act not to apply  
   106A.   Interaction with Civil Procedure Act 2010  

           Division 3--Pre-hearing conferences

   107.    Pre-hearing conferences  
   107A.   Interaction with Civil Procedure Act 2010  

           Division 3A--Mediation[11]

   108.    Power to refer proceedings to mediation  
   108A.   Protection of mediators  

           Division 4--Appeals and re-hearings

   109.    Appeal to Supreme Court from final order made in civil proceeding  
   110.    Re-hearing  
   110A.   Appeals from Court constituted by Chief Magistrate who is a dual commission holder  

           Division 5--Enforcement

   111.    Enforcement of orders  
   112.    Certificate for Supreme Court  
   113.    Application of Imprisonment of Fraudulent Debtors Act  
   114.    Enforcement by executors and administrators  

   PART 7--MISCELLANEOUS

   125.    Business to be conducted in open court  
   125A.   Court may determine matter or proceeding without oral hearing  
   126A.   Power to bind over to keep the peace  
   127.    Witness order  
   128.    Power to adjourn proceeding  
   131.    Costs to be in the discretion of the Court  
   131A.   Costs may be determined by Costs Court  
   132.    Costs liability of legal practitioner  
   133.    Contempt in face of the Court  
   134.    Contempt of court  
   135.    Enforcement of orders not for the payment of money  
   136.    Directions  
   136A.   Court may issue or transmit court documents electronically  
   137.    Forfeitures may be sold  
   138.    Investment of trust money  
   139.    Manner of service where none is prescribed  
   139A.   Supreme Court—limitation of jurisdiction  
   140.    Regulations  
   141.     Definitions  
   142.    Rights, duties and liabilities declared in certain cases  
   143.    Effect of declared rights, duties and liabilities  
   144.    Protection of affected persons  

   PART 8--SAVINGS AND TRANSITIONALS

   150.    Savings and transitionals  
           SCHEDULE 1
           SCHEDULE 8
           ENDNOTES