Constitution (Supreme Court) Act 2001 (Vic)

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Constitution (Supreme Court) Act 2001

Act No. 12/2001

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY 1

1. Purposes 1
2. Commencement 2

PART 2—AMENDMENTS TO THE CONSTITUTION ACT 1975 3

3. Additional Judges of Trial Division 3

80C. Additional Judges of Trial Division 3

4. Statute law revision 4

PART 3—AMENDMENTS TO THE SUPREME COURT ACT 1986 5

5. New section 13A inserted 5

13A. When additional Trial Division Judge must not sit on

hearing of new trial 5

6. Statute law revision 5
PART 4—AMENDMENT TO THE MAGISTRATES' COURT ACT
1989 6

7. Amendment of regulation-making powers 6
PART 5—AMENDMENTS TO THE MAGISTRATES' COURT

(INFRINGEMENTS) ACT 2000 7

8. Commencement to be able to occur on different days 7
9. Expiry of enforcement orders 7
10. Changes concerning imprisonment 8
11. Amendments to transitional provisions 9

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ENDNOTES 11

i

Victoria

No. 12 of 2001

Constitution (Supreme Court) Act 2001†

[Assented to 22 May 2001]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The main purposes of this Act are—

(a)

to make provision for the temporary assignment of Judges of Appeal as additional Judges of the Trial Division of the Supreme Court; and

(b)

to broaden the regulation-making powers under the Magistrates' Court Act 1989 in respect of certain warrants; and

Constitution (Supreme Court) Act 2001

s. 2	Act No. 12/2001

(c)

to make miscellaneous amendments to the Magistrates' Court (Infringements) Act 2000.

2. Commencement
(1) This Act (except section 6) comes into operation on the day after the day on which it receives the Royal Assent.
(2) Section 6 is deemed to have come into operation
on 1 January 2000.

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Constitution (Supreme Court) Act 2001

Act No. 12/2001 s. 3

PART 2—AMENDMENTS TO THE CONSTITUTION ACT

1975

3. Additional Judges of Trial Division

See:

After section 80B of the Constitution Act 1975 Act No.
insert— 8750/1975.
Reprint No. 14

"80C. Additional Judges of Trial Division as at
1 July 2000.

(1) If the Chief Justice, with the concurrence of the President of the Court of Appeal,

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determines that a Judge of Appeal should act gov.au
as an additional Judge of the Trial Division
for a period, not exceeding 6 months, the
President must nominate a Judge of Appeal
to act as a Judge of the Trial Division and, if
that Judge is willing, the Judge may act as an
additional Judge of the Trial Division for
that period.
(2) If—

(a)

the Chief Justice, with the concurrence of the President of the Court of Appeal, determines that it is expedient that a
specified Judge of Appeal should act as
an additional Judge of the Trial
Division in a specified proceeding
before the Trial Division; and

(b)

the Judge of Appeal is willing to act as an additional Judge of the Trial Division in that proceeding—
the Judge may act as an additional Judge of
the Trial Division for the purposes of the
proceeding.
(3) A Judge of Appeal who, under this section, has acted as an additional Judge of the Trial Division may attend the Trial Division for

Constitution (Supreme Court) Act 2001

s. 4	Act No. 12/2001

the purposes of giving judgment in, or
otherwise completing, any proceeding heard
by the Trial Division while the Judge so
acted, notwithstanding that the Judge is no
longer an additional Judge of the Trial
Division.".

4. Statute law revision
In section 84(4) of the Constitution Act 1975
omit "Division 3 of Part VIII of the Community
Welfare Services Act 1970 or".

_______________
Constitution (Supreme Court) Act 2001

Act No. 12/2001 s. 5

PART 3—AMENDMENTS TO THE SUPREME COURT ACT

1986

5. New section 13A inserted

See:

After section 13 of the Supreme Court Act 1986 Act No.
insert— 110/1986.
Reprint No. 3

"13A. When additional Trial Division Judge must not sit on hearing of new trial

as at
1 August 1998
and
amending

A Judge of Appeal acting as an additional Act Nos

Judge of the Trial Division must not sit on

101/1998, 10/1999,
the hearing of a new trial ordered by the 62/1999,
Court if the Judge was one of the Judges that 51/2000,
74/2000 and
constituted the Court of Appeal that ordered 78/2000.

the new trial.".

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dpc.vic.
gov.au

6. Statute law revision
In section 33G of the Supreme Court Act 1986 for "representative" substitute "group".

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Constitution (Supreme Court) Act 2001

s. 7	Act No. 12/2001

PART 4—AMENDMENT TO THE MAGISTRATES' COURT

ACT 1989

7. Amendment of regulation-making powers

See:

Act No.	In section 140(1) of the Magistrates' Court Act
51/1989.	1989, after paragraph (b) insert—
Reprint No. 6
as at	"(ba) without limiting any power to make
1 July 1999
and	regulations conferred by any other
amending	paragraph, the fees, costs and charges
Act Nos
35/1999,	payable in respect of—
1/2000,
49/2000,	(i) the issue or execution; or
51/2000,
53/2000,	(ii) the amendment, alteration or variation;
69/2000,
74/2000,	or
92/2000,
98/2000 and	(iii) the supply of a duplicate copy—
99/2000. LawToday:	of a warrant to seize property issued for the
enforcement of an order made by the Court
dpc.vic.
gov.au	in a civil proceeding; and".

_______________
Constitution (Supreme Court) Act 2001

Act No. 12/2001 s. 8

PART 5—AMENDMENTS TO THE MAGISTRATES' COURT

(INFRINGEMENTS) ACT 2000

8. Commencement to be able to occur on different days

See:

In section 2 of the Magistrates' Court Act No.
(Infringements) Act 2000, for sub-sections (2) 99/2000.
LawToday:
and (3) substitute—
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"(2) Subject to sub-section (3), the remaining gov.au
provisions of this Act come into operation on
a day or days to be proclaimed.
(3) If a provision referred to in sub-section (2)
does not come into operation before 1 July
2001, it comes into operation on that day.".

9. Expiry of enforcement orders

(1) In section 11 of the Magistrates' Court

(Infringements) Act 2000, for proposed clauses
14A and 14B substitute—
"14A. Expiry of enforcement orders

(1) An enforcement order expires—

(a)

if an order is made under clause 7(1) in relation to the enforcement order—
(i) on the payment in full of the fine; or
(ii) if one or more payments are made under the order but the fine is not paid in full, 5 years after the receipt of the last
payment; or
(iii) in any other case, 5 years after the making of the order under clause 7(1);

(b)

if a penalty enforcement warrant has been issued in respect of the order, on that warrant becoming void under section 58(2);

(c)

in any other case, 5 years after the order was made.
(2) If both sub-clauses (1)(a) and (b) apply, the
enforcement order expires on the penalty

Constitution (Supreme Court) Act 2001

s. 10

Act No. 12/2001

enforcement warrant becoming void under section
58(2).
(3) If an enforcement order expires as a result of this
clause, any amount still outstanding in respect of the fine for which it was made ceases to be enforceable or recoverable.
(4) On the expiry of an enforcement order, any warrant
to seize property that was issued in respect of that
order is void.
(5) An enforcement order that has expired may be
reinstated by the registrar on the application of the
enforcement agency.
(6) Despite sub-clause (3), if an enforcement order is
reinstated, the fine in respect of which it was made
again becomes enforceable or recoverable as if there
had been no cessation.
(7) Sub-clause (1) does not apply to a reinstated
enforcement order.
(8) A reinstated enforcement order expires 5 years after
it was reinstated.
(9) Despite anything to the contrary in this clause, an
enforcement order does not expire if—

(a)

the person against whom the order is made is a body corporate; and

(b)

the order is registered by a reciprocating court (as defined by section 98); and
(c) the fine has not been paid in full.

(10) This clause does not apply to an enforcement order in respect of which a warrant has been issued under the Service and Execution of Process Act 1992 of
the Commonwealth.".

10. Changes concerning imprisonment
In section 13 of the Magistrates' Court
(Infringements) Act 2000—

(a)

for proposed clause 21(1)(a) and (2)(a) substitute—

Constitution (Supreme Court) Act 2001

Act No. 12/2001 s. 11
"(a) a person is arrested and delivered to the officer

in charge of a prison or police gaol under a
penalty enforcement warrant; and";

(b)

in proposed clause 21(1)(b)(ii), for "lodged at the gaol" substitute "delivered to the officer in charge";

(c)

in proposed clause 22(2), for "lodged at the gaol" substitute "delivered to the officer in charge of the prison or police gaol";

(d)

in proposed clause 22(2)(b), for "lodged at the gaol" substitute "delivered to the officer in charge";
(e) proposed clause 24(3) is repealed;

(f) for proposed clause 27(4) substitute—
"(4) Despite anything to the contrary in section
64(2), after arresting a person under this clause,
the sheriff must, as soon as is practicable after
the arrest, either—
(a) bring the person before the Court; or

(b) deliver the person to the officer in charge of a prison or police gaol.

(4A) A person delivered to the officer in charge of a

prison or police gaol under sub-clause (4)(b)
must be brought before the Court as soon as is
practicable.".

11. Amendments to transitional provisions
In section 14 of the Magistrates' Court
(Infringements) Act 2000, for proposed clause
24 substitute—
"24. If the operation of clause 23 would result in an
enforcement order expiring before the date section 11
of the Magistrates' Court (Infringements) Act 2000
came into operation, the order expires on that date.
25. Despite clauses 23 and 24, if an application to have an application for the revocation of an enforcement order referred to the Court under clause 10(6) of Schedule 7

Constitution (Supreme Court) Act 2001

s. 11

Act No. 12/2001

was pending immediately before section 11 of the into operation, the order remains in force until the registrar refuses the application for referral or, if the referral is made, until the Court revokes or refuses to revoke the order.".

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Constitution (Supreme Court) Act 2001

Act No. 12/2001 Endnotes

ENDNOTES

†
Minister's second reading speech—
Legislative Assembly: 1 March 2001
Legislative Council: 1 May 2001
The long title for the Bill for this Act was "to amend the Constitution Act 1975, the Supreme Court Act 1986, the Magistrates' Court Act 1989 and the Magistrates' Court (Infringements) Act 2000 and for
other purposes."
Constitution Act 1975:
Legislative Assembly: 4 April 2001
Legislative Council: 15 May 2001

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8.	Commencement to be able to occur on different days	7
9.	Expiry of enforcement orders	7
10.	Changes concerning imprisonment	8
11.	Amendments to transitional provisions	9

(a)	to make provision for the temporary assignment of Judges of Appeal as additional Judges of the Trial Division of the Supreme Court; and
(b)	to broaden the regulation-making powers under the Magistrates' Court Act 1989 in respect of certain warrants; and

After section 80B of the Constitution Act 1975	Act No.
insert—	8750/1975. Reprint No. 14

(1) If the Chief Justice, with the concurrence of the President of the Court of Appeal,	LawToday:
dpc.vic.
determines that a Judge of Appeal should act	gov.au
as an additional Judge of the Trial Division for a period, not exceeding 6 months, the President must nominate a Judge of Appeal to act as a Judge of the Trial Division and, if that Judge is willing, the Judge may act as an additional Judge of the Trial Division for that period.

(a)	the Chief Justice, with the concurrence of the President of the Court of Appeal, determines that it is expedient that a
specified Judge of Appeal should act as an additional Judge of the Trial Division in a specified proceeding before the Trial Division; and
(b)	the Judge of Appeal is willing to act as an additional Judge of the Trial Division in that proceeding—

After section 13 of the Supreme Court Act 1986	Act No.
insert—	110/1986. Reprint No. 3

"13A. When additional Trial Division Judge must not sit on hearing of new trial	as at 1 August 1998
and amending

A Judge of Appeal acting as an additional	Act Nos
Judge of the Trial Division must not sit on	101/1998, 10/1999,
the hearing of a new trial ordered by the	62/1999,
Court if the Judge was one of the Judges that	51/2000, 74/2000 and
constituted the Court of Appeal that ordered	78/2000.
the new trial.".	LawToday:
dpc.vic.
gov.au

In section 2 of the Magistrates' Court	Act No.
(Infringements) Act 2000, for sub-sections (2)	99/2000. LawToday:
and (3) substitute—	dpc.vic.
"(2) Subject to sub-section (3), the remaining	gov.au

(b)	if a penalty enforcement warrant has been issued in respect of the order, on that warrant becoming void under section 58(2);
(c)	in any other case, 5 years after the order was made.

(a)	the person against whom the order is made is a body corporate; and
(b)	the order is registered by a reciprocating court (as defined by section 98); and

(b)	in proposed clause 21(1)(b)(ii), for "lodged at the gaol" substitute "delivered to the officer in charge";
(c)	in proposed clause 22(2), for "lodged at the gaol" substitute "delivered to the officer in charge of the prison or police gaol";
(d)	in proposed clause 22(2)(b), for "lodged at the gaol" substitute "delivered to the officer in charge";