Magistrates' Court Act 1989 (Vic)

Version No. 234

Magistrates' Court Act 1989

No. 51 of 1989

Version incorporating amendments as at

19 June 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

3AMeaning of family member

Part 2—The Magistrates' Court of Victoria

4Establishment of the Magistrates' Court

4AEstablishment of Drug Court Division

4BAdjournment of proceeding to Drug Court Division

4DEstablishment of Koori Court Division

4EJurisdiction of Koori Court Division

4EACircumstances in which Koori Court Division may deal with contravention of a sentence imposed by another Division of the Magistrates' Court

4FCircumstances in which Koori Court Division may deal with certain offences

4FACertain matters may be dealt with by Koori Court Division only in certain venues

4GSentencing procedure in Koori Court Division

4IAEstablishment of Specialist Family Violence Court Division

4IBJurisdiction of Specialist Family Violence Court Division

4JAdjournment to seek legal advice

4KAlternative arrangements for giving evidence

4LRestriction on children being called as witnesses or present in court

4MEstablishment of Neighbourhood Justice Division

4NPlaces where Neighbourhood Justice Division may sit and act

4OJurisdiction of Neighbourhood Justice Division

4PTransfer of proceedings

4QSentencing procedure in Neighbourhood Justice Division

4RSexual Offences List

4SAssessment and Referral Court List

4TEligibility criteria

4USpecific powers of the Assessment and Referral Court List

4VAdjournment of proceeding in Assessment and Referral Court List

4WOther adjournment powers not limited

4XTransfer of proceedings to and from Assessment and Referral Court List

4YCompletion of, and participation in, individual support plan

5Where and when Court to be held

5AMention courts

6Magistrate to be in attendance

7Appointment of magistrates

7AEntry into part-time service arrangement

7BVariation of part-time service arrangement

7CSuspension of part-time service arrangement

7DTermination of part-time service arrangement

8Appointment of Acting Chief Magistrate

9AAppointment of reserve magistrates

9BCessation of office

9CChief Magistrate may engage reserve magistrate to undertake duties of a magistrate

9DPension rights and service of Chief Magistrate not affected by being a reserve magistrate

9EPowers, jurisdiction, immunities and protection of reserve magistrate

9EAPower to complete matters—magistrates and reserve magistrates

9FEngaging in legal practice or other paid employment

10Salaries, superannuation contributions, allowances and other conditions of service

10APension of Chief Magistrate

12Vacation of office

12AAdministrative responsibility of Chief Magistrate

13Assignment of duties

13ADelegation by the Chief Magistrate

13BProfessional development and training

14Protection of magistrates

15Council of magistrates

16Rules of Court

16APractice notes

16ABConstitution of Court if magistrate unable to continue and constitution of Court in certain circumstances

Part 2A—Judicial registrars

16BGuidelines relating to the appointment of judicial registrars

16CAppointment of judicial registrars

16DTerms and conditions of appointment

16DBOath or affirmation of office

16EResignation from office

16IRules of Court

16JPerformance of duties by judicial registrar

16KAppeal from or review of determination of Court constituted by judicial registrar

Part 3—Officers of the Court

17Employment of principal registrar, registrars and deputy registrars

17AAppointment of Aboriginal elders or respected persons

18Register

19Offence to publish certain information concerning proceedings

19ARecording of proceedings

20Process

21Powers of registrar

22Fees

23Extortion by and impersonation of court officials

24Protection of registrars

Part 4—Warrants and criminal proceedings

Division 1—Jurisdiction

25Extent of jurisdiction

Division 2—Procedure

29Magistrate may exercise registrar's powers

43Witness summonses

44Production before date for attendance

45Attendance of witnesses on adjournment

50Power to amend where there is a defect or error

Division 3—Warrants

Subdivision 1—General

57Warrants

57AWarrants to arrest issued under Evidence Act 2008

58Recall and cancellation of warrant

59Duplicate warrants

60Effect of defect or error in certain warrants

Subdivision 2—Warrant to arrest

61Issue of warrant to arrest

62Endorsing a warrant for bail

63Persons to whom warrant to arrest may be directed

64Authority conferred by warrant to arrest

65Arrest of person against whom warrant to arrest is issued

Subdivision 3—Warrant to imprison

68Issue of warrant to imprison

69Persons to whom warrant to imprison may be directed

70Directions in, and authority of, warrant to imprison

71Reduction of imprisonment by payment of portion of fine

72Provisions extend to detention in youth justice centre

Subdivision 4—Warrant to seize property

73Warrant to seize property

74Authority conferred by warrant to seize property

Subdivision 5—Search warrants

75Search warrants

76Persons to whom search warrant may be directed

77Endorsing a warrant for bail

78Authority conferred by search warrant

Subdivision 6—Remand warrants

79Remand warrants

80Persons to whom remand warrant may be directed

81Directions in, and authority of, remand warrant

82Remand of more than 8 clear days

Subdivision 8—Special powers of the sheriff in executing warrants

82IPower to assist police at road checks

Division 6—Enforcement

Subdivision 1—Ordinary enforcement provisions

97Imprisonment in default of payment of fine

98Enforcement of fines against corporations

Subdivision 2—Procedure for enforcement of infringement penalties under the Fines Reform Act 2014

99Infringement offence enforcement procedure under the Fines Reform Act 2014

99ACertain agencies may give information for enforcement purposes

Part 5—Civil proceedings

Division 1—Jurisdiction

100Extent of jurisdiction

101Proceedings beyond jurisdiction

Division 1A—Administration of children's funds

101ACourt orders relating to administration of children's funds

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

101BMoney held in court for person under disability

Division 2—Arbitration

102Arbitration for small claims

103Conduct of arbitration

104Award

105Costs

106Commercial Arbitration Act not to apply

106AInteraction with Civil Procedure Act 2010

Division 3—Pre-hearing conferences

107Pre-hearing conferences

107AInteraction with Civil Procedure Act 2010

Division 3A—Mediation

108Power to refer proceedings to mediation

108AProtection of mediators

Division 4—Appeals and re-hearings

109Appeal to Supreme Court from final order made in civil proceeding

110Re-hearing

110AAppeals from Court constituted by Chief Magistrate who is a dual commission holder

Division 5—Enforcement

111Enforcement of orders

112Certificate for Supreme Court

113Application of Imprisonment of Fraudulent Debtors Act

114Enforcement by executors and administrators

Part 7—Miscellaneous

125Business to be conducted in open court

125ACourt may determine matter or proceeding without oral hearing

126APower to bind over to keep the peace

127Witness order

128Power to adjourn proceeding

131Costs to be in the discretion of the Court

131ACosts may be determined by Costs Court

132Costs liability of legal practitioner

133Contempt in face of the Court

134Contempt of court

135Enforcement of orders not for the payment of money

136Directions

136ACourt may issue or transmit court documents electronically

137Forfeitures may be sold

138Investment of trust money

139Manner of service where none is prescribed

139ASupreme Court—limitation of jurisdiction

140Regulations

141Definitions

142Rights, duties and liabilities declared in certain cases

143Effect of declared rights, duties and liabilities

144Protection of affected persons

Part 8—Savings and transitionals

150Savings and transitionals

Schedules

Schedule 1—Salaries, allowances and other conditions of service of magistrates

Schedule 8—Savings and transitionals

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 234

Magistrates' Court Act 1989

No. 51 of 1989

Version incorporating amendments as at

19 June 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purposes

The main purposes of this Act are—

(a)to establish the Magistrates' Court of Victoria; and

(b)to amend and consolidate for the purposes of the new Court the law relating to the jurisdiction and procedure of Magistrates' Courts; and

(c)to provide for the fair and efficient operation of the Magistrates' Court; and

(d)to abolish inefficient and unnecessary court process and procedures; and

(e)to allow for the Magistrates' Court to be managed in a way that will ensure—

(i)fairness to all parties to court proceedings; and

(ii)the prompt resolution of court proceedings; and

(iii)that optimum use is made of the Court's resources.

2Commencement

This Act comes into operation on a day or days to be proclaimed.

3Definitions

(1)In this Act—

Aboriginal elder or respected person means a person who holds office as an Aboriginal elder or respected person under section 17A;

Aborigine means a person who—

(a)is descended from an Aborigine or Torres Strait Islander; and

(b)identifies as an Aborigine or Torres Strait Islander; and

(c)is accepted as an Aborigine or Torres Strait Islander by an Aboriginal or Torres Strait Island community;

accused has the same meaning as in the Criminal Procedure Act 2009;

appropriate dispute resolution has the same meaning as it has in the Civil Procedure Act 2010;

appropriate registrar means—

(a)the registrar at the proper venue of the Court; or

(b)the registrar at the venue of the Court at which a proceeding is heard and determined in accordance with an order made under section 31 of the Criminal Procedure Act 2009;

Assessment and Referral Court List means the list established by section 4S;

authorised deposit-taking institution has the same meaning as in the Banking Act 1959 of the Commonwealth;

bail guarantor has the same meaning as in the Bail Act 1977;

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civil registry court means a venue of the Court that is prescribed by the Rules to be a civil registry court;

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complaint includes any process by which a civil proceeding in the Court is commenced;

conduct money means a sum of money or its equivalent sufficient to meet the reasonable expenses of a person to whom a witness summons is directed of complying with the summons in relation to the day on which the person is required by the summons to attend;

Courtmeans the Magistrates' Court of Victoria;

court official means—

(a)the principal registrar of the Court; or

(b)a registrar or deputy registrar of the Court; or

(c)any person employed in any of the offices of the Court;

defendant means—

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(b)a person against whom a civil proceeding has been commenced in the Court;

Department means the Department of Justice;

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designated place has the same meaning as in the Victoria Police Act 2013;

driver licence has the same meaning as in the Road Safety Act 1986;

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enforcement warrant has the same meaning as in the Fines Reform Act 2014;

excluded judicial officer means—

(a)the Chief Magistrate;

(b)a Deputy Chief Magistrate;

(c)a Deputy State Coroner;

execution copy, in relation to a warrant, means the copy issued for the purposes of execution;

family member has the meaning given by section 3A;

family violence has the meaning given by the Family Violence Protection Act 2008;

fine includes any penalties, forfeitures, sums of money and costs ordered to be paid by the person fined;

*                *                *                *                *

homeless person means—

(a)a person living in—

(i)crisis accommodation; or

(ii)transitional accommodation; or

(iii)any other accommodation provided under the Supported Accommodation Assistance Act 1994 of the Commonwealth; or

(b)a person who has inadequate access to safe and secure housing within the meaning of section 4 of the Supported Accommodation Assistance Act 1994 of the Commonwealth;

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intellectual disability has the same meaning as it has in the Disability Act 2006;

judgeof the County Court means a judge of the County Court appointed under the County Court Act 1958, other than the Chief Judge or a reserve judge appointed under that Act;

Judge of the Supreme Court means a person referred to in section 75(3)(d) of the Constitution Act 1975;

judicial registrar means a judicial registrar of the Court appointed under section 16C;

judicial resolution conference has the same meaning as it has in the Civil Procedure Act 2010;

jurisdictional limit in a civil proceeding means $100 000;

Koori Court officer means a person who—

(a)is employed under Part 3 of the Public Administration Act 2004; and

(b)exercises powers or performs functions in relation to the Koori Court Division of the Court;

legal practitioner means an Australian legal practitioner;

magistrate includes the Chief Magistrate and a reserve magistrate engaged under section 9C to undertake the duties of a magistrate during any period of engagement or acting under section 9EA;

Magistrates' Court means the Magistrates' Court of Victoria;

mental illness has the same meaning as it has in the Mental Health and Wellbeing Act 2022;

mention court means a venue of the Court that is nominated by the Chief Magistrate under section 5A as a mention court;

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motor vehicle has the same meaning as in the Road Safety Act 1986;

Neighbourhood Justice officer means a person who—

(a)is employed under Part 3 of the Public Administration Act 2004; and

(b)exercises powers or performs functions in relation to the Neighbourhood Justice Division of the Court;

order includes judgment and conviction;

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part-time service arrangement means an arrangement entered under section 7A;

party, to a proceeding for a family violence intervention order under the Family Violence Protection Act 2008 or a proceeding for an offence against that Act, includes, in sections 4J and 4K, an affected family member within the meaning of that Act;

plaintiff means a person who commences a civil proceeding in the Court;

police gaol has the same meaning as in the Corrections Act 1986;

police officer has the same meaning as in the Victoria Police Act 2013;

prescribed means prescribed by the regulations unless required to be prescribed by rules of court;

principal registrar means principal registrar of the Court;

prison has the same meaning as in the Corrections Act 1986;

prison officer has the same meaning as in the Corrections Act 1986;

probationary driver licence has the same meaning as in the Road Safety Act 1986;

proceeding means any matter in the Court, including a committal proceeding, but does not include the exercise by a registrar of any jurisdiction, power or authority vested in the registrar under the Fines Reform Act 2014;

process includes witness summons, charge-sheet, summons to answer to a charge, complaint, warrant to arrest, remand warrant, search warrant, warrant to seize property, enforcement warrant, warrant to imprison, warrant to detain in a youth justice centre, warrant of delivery and any other process by which a proceeding in the Court is commenced;

proper venue—

(a)subject to paragraphs (ca), (dc) and (e), in relation to a criminal proceeding or a class of criminal proceeding, means the mention court that has been nominated by the Chief Magistrate under section 5A for the proceeding or class of proceeding, but in the absence of any such nomination is the mention court that is nearest to—

(i)the place where the offence is alleged to have been committed; or

(ii)the place of residence of the accused; and

(b)subject to paragraphs (ca) and (e), in relation to a civil proceeding, means the civil registry court that is nearest to—

(i)the place where the subject-matter of the complaint arose; or

(ii)the place of residence of the defendant; and

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(ca)in relation to a proceeding in respect of which the Specialist Family Violence Court Division has jurisdiction (other than an interim order under the Family Violence Protection Act 2008), means the venue of the Court at which the Specialist Family Violence Court Division may sit and act that the Court determines is the most appropriate venue for the matter, having regard to the following—

(i)the place where the family violence the subject of the proceeding is alleged to have been committed;

(ii)the place of residence of the accused, defendant or respondent (within the meaning of the Family Violence Protection Act2008);

(iii)the place of permanent or temporary residence of the person against whom the family violence is alleged to have been committed;

(iv)the safety of the parties;

(v)any other considerations the Court thinks relevant; and

(d)in relation to a proceeding for an interim order under the Family Violence Protection Act 2008 or the Personal Safety Intervention Orders Act 2010 means any civil registry court; and

(da)in relation to a proceeding under the Family Violence Protection Act 2008 or the National Domestic Violence Order Scheme Act 2016, means—

(i)a venue of the Court determined in accordance with paragraph (ca), (d) or (e); or

(ii)the civil registry court which the Court determines is the most appropriate venue for the matter, having regard to the following—

(A)the safety of the parties;

(B)the need to prevent disclosure of a party's whereabouts;

(C)the ability of the parties to attend a particular venue of the court, taking into account their places of work, residence or any childcare requirements;

(D)the availability of family violence support services at particular venues of the Court;

(E)the need to manage case flow;

(F)any other considerations the Court thinks relevant; and

(db)in relation to a proceeding under the Personal Safety Intervention Orders Act 2008, means—

(i)a venue of the court determined in accordance with paragraph (d) or (e); or

(ii)the civil registry court that the Court determines is the most appropriate venue for the matter, having regard to the following—

(A)the safety of the parties;

(B)the need to prevent disclosure of a party's whereabouts;

(C)the ability of the parties to attend a particular venue of the court, taking into account their places of work, residence or any childcare requirements;

(D)the availability of mediation assessment services at particular venues of the Court;

(E)the need to manage case flow;

(F)any other considerations the Court thinks relevant; and

(dc)in relation to a proceeding in respect of which the Assessment and Referral Court List has jurisdiction, means—

(i)a venue of the Court determined in accordance with paragraph (a), (b), (ca) or (d); or

(ii)a venue of the Court at which the Assessment and Referral Court List may sit and act;

(dd)in relation to a proceeding under Part 4A of the Terrorism (Community Protection) Act 2003 (other than a proceeding in respect of an offence under section 22CU of that Act), means—

(i)the place of residence of the supported person (within the meaning of that Part) or the person in respect of whom it is proposed that the support and engagement order be made (as the case requires); or

(ii)the venue of the Court which the Court determines is the most appropriate venue for the matter, having regard to the following—

(A)the administrative and other facilities available at particular venues of the Court;

(B)the ability of the parties to attend a particular venue of the court, taking into account the respondent's (or supported person's) place of work, residence and any childcare requirements;

(C)the need to manage case flow;

(D)any other considerations the Court thinks relevant;

(e)in relation to a proceeding in respect of which the Neighbourhood Justice Division has jurisdiction, means—

(i)a venue of the Court determined in accordance with paragraph (a), (b), (ca) or (d); or

(ii)a venue of the Court at which the Neighbourhood Justice Division may sit and act;

protective services officer has the same meaning as in the Victoria Police Act 2013;

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registrar means registrar of the Court;

reserve magistrate means a person appointed under section 9A;

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Secretary means the Secretary to the Department of Justice;

Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;

sentence has the same meaning as in the Criminal Procedure Act 2009;

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sexual offence has the same meaning as in the Criminal Procedure Act 2009;

subordinate instrument has the same meaning as in the Interpretation of Legislation Act1984;

the rules means rules of court jointly made by the Chief Magistrate together with one or more Deputy Chief Magistrates, whether under the powers conferred by this Act or otherwise;

youth justice centre means a youth justice centre established under section 478 of the Children, Youth and Families Act 2005.

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(2)If under the Public Administration Act 2004 the name of the Department of Justice is changed, the reference in subsection (1) in the definitions of Department and Secretary to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.

(3)If by or under this Act a person is required or permitted to serve a document, the person may serve the document by causing it to be served by another person.

3AMeaning of family member

(1)In this Act, family member of a person means—

(a)the spouse or domestic partner of the person; or

(b)a person who has or has had an intimate personal relationship with the person; or

(c)a person who is or has been a relative of the person; or

(d)a child who normally or regularly resides with the person; or

(e)a child of whom the person is a guardian; or

(f)another person who is or has been ordinarily a member of the household of the person.

(2)For the purposes of the definition of family member in subsection (1)—

(a)domestic partner of a person means—

(i)a person who is in a registered relationship with the person; or

(ii)an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(A)for fee or reward; or

(B)on behalf of another person

or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

(b)parent of a child includes a guardian of the child or a person with whom the child normally or regularly resides;

(c)relative of a person means—

(i)a father, mother, grandfather, grandmother, step-father, step-mother, father-in-law or mother-in-law of the person; or

(ii)a son, daughter, grandson, granddaughter, step-son, step-daughter, son-in-law or daughter-in-law of the person; or

(iii)a brother, sister, half-brother, half‑sister, brother-in-law or

sister-in-law of the person; or

(iv)an uncle, aunt, uncle-in-law or

aunt-in-law of the person; or

(v)a nephew or niece of the person; or

(vi)a cousin of the person—

and includes, in the case of domestic partners, a person who would be such a relative if the domestic partners were married to each other;

(d)spouse of a person means a person to whom the person is or was married.

(3)For the purposes of the definition of domestic partner in subsection (2)—

(a)registered relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(c)a person is not a domestic partner of another person only because they are co-tenants.

PART 2—THE MAGISTRATES' COURT OF VICTORIA

4Establishment of the Magistrates' Court

(1)There shall be a court to be known as the Magistrates' Court of Victoria.

(2)The Court shall consist of the magistrates, the judicial registrars of the court and the registrars of the Court.

(2A)The Court has an Industrial Division.

(2B)The Industrial Division has such of the powers of the Court as are necessary to enable it to exercise its jurisdiction.

(3)The Court shall be constituted by a magistrate except in the case of any proceeding for which provision is made by any Act or the Rules for the Court to be constituted by a registrar.

(3AA)Without limiting subsection (3), the Court may be constituted by a judicial registrar in the case of any proceeding for which provision is made by rules of court for—

(a)the Court to be so constituted; and

(b)the delegation to judicial registrars of powers of the Court to hear and determine the proceeding.

(3A)Despite subsection (3), the Industrial Division shall only be constituted by a magistrate who has been assigned to that Division by an Order made by the Governor in Council.

(3AB)Nothing in subsection (3A) prevents the Industrial Division being constituted by a judicial registrar in accordance with subsection (3AA).

(3B)Despite anything to the contrary in this Act, a party to a proceeding in the Industrial Division may appear by a person who is not a legal practitioner if that person is authorised in writing by the party to appear for the party.

(3C)The Industrial Division must exercise its jurisdiction with the minimum of legal form and technicality.

4AEstablishment of Drug Court Division

(1)The Court has a Drug Court Division.

(2)The Drug Court Division has such of the powers of the Court as are necessary to enable it to exercise its jurisdiction.

(3)Despite section 4(3), the Drug Court Division shall only be constituted by a magistrate who has been assigned to that Division by the Chief Magistrate by notice published in the Government Gazette.

(3A)Nothing in subsection (3) prevents the Drug Court Division being constituted by a judicial registrar in accordance with section 4(3AA).

(4)Despite anything to the contrary in this Act, the Drug Court Division may only sit and act at a venue of the Court specified by the Chief Magistrate by notice published in the Government Gazette.

(5)The Drug Court Division must exercise its jurisdiction with as little formality and technicality, and with as much expedition, as the requirements of this Act and the Sentencing Act 1991 and the proper consideration of the matters before the Court permit.

4BAdjournment of proceeding to Drug Court Division

(1)The Court, at any time before taking a formal plea from the accused in a criminal proceeding that is not in the Drug Court Division, may adjourn the proceeding to the Drug Court Division at that or another venue if—

(a)it appears to the Court that the accused might be eligible for a drug and alcohol treatment order if convicted of the offence by the Drug Court Division; and

(b)the usual place of residence of the accused (if he or she has one) is within a postcode area specified, in relation to the venue at which the Drug Court Division sits and acts, by the Minister by notice published in the Government Gazette; and

(c)the accused consents to the Court doing so.

(2)Despite anything to the contrary in this Act, a venue of the Court to which the proceeding is adjourned under subsection (1) is the proper venue of the Court for the purposes of this Act.

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4DEstablishment of Koori Court Division

(1)The Court has a Koori Court Division.

(2)The Koori Court Division has such of the powers of the Court as are necessary to enable it to exercise its jurisdiction.

(3)Despite anything to the contrary in this Act, the Koori Court Division may only sit and act at a venue of the Court specified by the Chief Magistrate by notice published in the Government Gazette.

(4)The Koori Court Division must exercise its jurisdiction with as little formality and technicality, and with as much expedition, as the requirements of this Act and the Sentencing Act 1991 and the proper consideration of the matters before the Court permit.

(5)The Koori Court Division must take steps to ensure that, so far as practicable, any proceeding before it is conducted in a way which it considers will make it comprehensible to—

(a)the accused; and

(b)a family member of the accused; and

(c)any member of the Aboriginal community who is present in court.

(6)Subject to this Act, the regulations and the rules, the Koori Court Division may regulate its own procedure.

4EJurisdiction of Koori Court Division

The Koori Court Division has—

(a)the jurisdiction to deal with a proceeding for an offence given to it by section 4F; and

(b)jurisdiction to deal with a contravention of a sentence imposed by it (including any offence constituted by such a contravention) or variation of such a sentence, in the circumstances set out in section 4EA; and

(ba)jurisdiction to deal with a contravention of a sentence imposed by the Magistrates' Court (including any offence constituted by such a contravention), or variation of such a sentence, in the circumstances set out in section 4EA; and

(c)any other jurisdiction given to it by or under this or any other Act.

4EACircumstances in which Koori Court Division may deal with contravention of a sentence imposed by another Division of the Magistrates' Court

For the purposes of sections 4E(b) and (ba), the circumstances are—

(a)the accused is Aboriginal; and

(b)the offence to which the sentence relates is within the jurisdiction of the Magistrates' Court, other than—

(i)a sexual offence as defined in section 6B(1) of the Sentencing Act 1991; and

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(c)in the case of an offence constituted by a contravention of a sentence referred to in section 4E(b) or (ba), the accused—

(i)intends to plead guilty to the offence; or

(ii)pleads guilty to the offence; or

(iii)intends to consent to the adjournment, under section 59 of the Criminal Procedure Act 2009, of the proceeding to enable the accused to participate in a diversion program; and

(d)the accused consents to the proceeding being dealt with by the Koori Court Division.

4FCircumstances in which Koori Court Division may deal with certain offences

(1)The Koori Court Division only has jurisdiction to deal with a proceeding for an offence (other than an offence constituted by a contravention of a sentence imposed by it) if—

(a)the accused is Aboriginal; and

(b)the offence is within the jurisdiction of the Magistrates' Court, other than—

(i)a sexual offence as defined in section 6B(1) of the Sentencing Act 1991; and

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(c)the accused—

(i)intends to plead guilty to the offence; or

(ii)pleads guilty to the offence; or

(iii)intends to consent to the adjournment, under section 59 of the Criminal Procedure Act 2009, of the proceeding to enable him or her to participate in a diversion program; and

(d)the accused consents to the proceeding being dealt with by the Koori Court Division.

(2)Subject to and in accordance with the rules—

(a)a proceeding may be transferred to the Koori Court Division, whether sitting at the same or a different venue; and

(b)the Koori Court Division may transfer a proceeding (including a proceeding transferred to it under paragraph (a)) to the Court, sitting other than as the Koori Court Division, at the same or a different venue.

(3)Despite anything to the contrary in this Act, if a proceeding is transferred from one venue of the Court to another, the transferee venue is the proper venue of the Court for the purposes of this Act.

4FACertain matters may be dealt with by Koori Court Division only in certain venues

(1)The Chief Magistrate may, by notice in the Government Gazette, specify a venue of the court as a venue at which the Koori Court Division may exercise—

(a)the jurisdiction conferred on the Koori Court Division by section 4E(a) in relation to—

(i)a contravention of a family violence intervention order or an offence arising out of the same conduct as that from which the contravention arose; or

(ii)a contravention of a personal safety intervention order under the Personal Safety Intervention Orders Act 2010 or an offence arising out of the same conduct as that out of which the contravention arose; and

(b)the jurisdiction conferred on the Koori Court Division by section 4E(b) and (ba) in relation to the contravention or variation of a sentence imposed in relation to a matter referred to in paragraph (a)(i) or (ii); and

(c)the jurisdiction conferred on the Koori Court Division by section 4E(b) and (ba) in relation to an offence constituted by a contravention of a sentence referred to in paragraph (b).

(2)The Koori Court Division must not exercise the jurisdiction referred to in subsection (1) except when sitting at a venue specified under that subsection.

4GSentencing procedure in Koori Court Division

(1)This section applies to the Koori Court Division when it is considering which sentence to impose on an accused.

(2)The Koori Court Division may consider any oral statement made to it by an Aboriginal elder or respected person.

(3)The Koori Court Division may inform itself in any way it thinks fit, including by considering a report prepared by, or a statement or submission prepared or made to it by, or evidence given to it by—

(a)a Koori Court officer employed as an Aboriginal justice worker; or

(b)a community corrections officer appointed under Part 4 of the Corrections Act 1986; or

(c)a health service provider; or

(d)a victim of the offence; or

(e)a family member of the accused; or

(f)anyone else whom the Koori Court Division considers appropriate.

(4)Nothing in this section affects the requirement to observe the rules of natural justice.

(5)This section does not limit—

(a)any other power conferred on the Court by or under this or any other Act; or

(b)any other specific provision made by or under this or any other Act for the making of any report, statement or submission, or the giving of any evidence, to the Court for the purpose of assisting it in determining sentence.

(6)To avoid doubt, Part 3.10 of the Evidence Act 2008 does not apply to the Koori Court Division in considering the sentence to impose under this section, unless the Koori Court Division directs, in accordance with section 4(2) of the Evidence Act 2008, that it applies.

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4IAEstablishment of Specialist Family Violence Court Division

(1)The Court has a Specialist Family Violence Court Division.

(2)The Specialist Family Violence Court Division has such of the powers of the Court as are necessary to enable it to exercise its jurisdiction.

(3)Despite section 4(3), the Specialist Family Violence Court Division may only be constituted by a magistrate who has been assigned to that Division by the Chief Magistrate by notice published in the Government Gazette.

(4)Nothing in subsection (3) prevents the Specialist Family Violence Court Division being constituted by a judicial registrar in accordance with section 4(3AA).

(5)Nothing in subsection (3) prevents the Specialist Family Violence Court Division being constituted by a registrar for the determination of an application under Division 4 of Part 7 of the National Domestic Violence Order Scheme Act 2016.

(6)In assigning a magistrate, the Chief Magistrate must have regard to the magistrate's relevant knowledge and experience in dealing with matters relating to family violence.

(7)Despite anything to the contrary in this Act, the Specialist Family Violence Court Division may sit and act only at a venue of the Court specified by the Minister by notice published in the Government Gazette.

(8)The Minister must consult the Chief Magistrate before publishing a notice under subsection (7).

(9)Subject to this Act, the regulations and rules, the Specialist Family Violence Court Division may regulate its own procedure.

4IBJurisdiction of Specialist Family Violence Court Division

(1)The Specialist Family Violence Court Division has jurisdiction to deal with any of the following matters if the matter is within the jurisdiction of the Magistrates' Court and arises from or includes allegations of family violence by a person—

(a)proceedings for or with respect to the following orders under the Family Violence Protection Act 2008—

(i)a family violence intervention order under that Act; or

(ii)a counselling order or an order under section 137 of that Act;

(b)proceedings under the VexatiousProceedings Act 2014 in relation to intervention order legislation within the meaning of that Act;

(c)a proceeding for a declaration under Division 4 of Part 7 of the National Domestic Violence Order Scheme Act 2016;

(d)civil proceedings for or with respect to damages for personal injury;

(e)matters arising under—

(i)the Family Law Act 1975 of the Commonwealth; or

(ii)the Child Support (Assessment) Act 1989 of the Commonwealth;

(f)proceedings for or with respect to the trial of a person for a summary offence or an indictable offence that may be heard and determined summarily;

(g)proceedings for or with respect to the committal for trial of a person for an indictable offence;

(h)proceedings for an order under Division 1 or 2 of Part 4 of the Sentencing Act 1991 that arise from an offence referred to in paragraph (f).

Note

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.

(2)Despite anything to the contrary in the Victims of Crime Assistance Act 1996, if the act of violence to which an application under that Act relates is family violence by a person—

(a)the Specialist Family Violence Court Division has jurisdiction to deal with the application; and

(b)in dealing with the application, the Specialist Family Violence Court Division has the same functions, powers and duties as the Victims of Crime Assistance Tribunal; and

(c)for the purposes of the application and any subsequent review of a decision relating to the application, the Specialist Family Violence Court Division is taken to constitute the Victims of Crime Assistance Tribunal.

(3)The Specialist Family Violence Court Division also has—

(a)jurisdiction to deal with a breach of an order referred to in subsection (1)(a), including any offence constituted by such a breach; and

(b)any other jurisdiction given to it by or under this or any other Act.

(4)Subject to and in accordance with the rules, a proceeding may be transferred to the Specialist Family Violence Court Division, whether sitting at the same or a different venue, but only if the venue where the Specialist Family Violence Court Division is sitting is the proper venue referred to in paragraph (ca) of the definition of proper venue.

(5)Subject to and in accordance with the rules, the Specialist Family Violence Court Division may transfer a proceeding (including a proceeding transferred to it under subsection (4)) to the Court, sitting other than as the Specialist Family Violence Court Division, at the same or a different venue.

(6)Despite anything to the contrary in this Act, if a proceeding is transferred from one venue of the Court to another, the transferee venue is the proper venue of the Court for the purposes of this Act.

4JAdjournment to seek legal advice

(1)The Specialist Family Violence Court Division may, on its own initiative or on the application of a party to a proceeding, exercise its power under section 128 to adjourn proceedings to give one or more of the parties a reasonable opportunity to obtain legal advice.

(2)The Specialist Family Violence Court Division may resume the proceedings if it is satisfied that the party or parties have had a reasonable opportunity to obtain legal advice whether or not that advice has been obtained.

Note

For party to a proceeding, see section 3(1).

4KAlternative arrangements for giving evidence

(1)The Specialist Family Violence Court Division may direct that any of the following alternative arrangements be made for the giving of evidence by a witness in a proceeding—

(a)permitting the evidence to be given from a place other than the courtroom by means of closed circuit television or other facilities that enable communication between that place and the courtroom;

(b)using screens to remove the accused, defendant or respondent (within the meaning of the Family Violence Protection Act 2008) from the witness's direct line of vision;

(c)permitting a person to be beside the witness while he or she is giving evidence for the purpose of providing emotional support to him or her;

(d)requiring legal practitioners to be seated while examining or cross-examining the witness;

(e)permitting only persons specified by the Specialist Family Violence Court Division to be present while the witness is giving evidence;

(f)any other alternative arrangements the Specialist Family Violence Court Division considers appropriate.

(2)If the witness is 18 years of age or over, the Specialist Family Violence Court Division may make a direction under subsection (1) on its own initiative or on the application of a party to the proceeding.

(3)If the witness is under 18 years of age, the Specialist Family Violence Court Division must make a direction under subsection (1) unless it considers it is not appropriate to do so having regard to—

(a)the wishes expressed by the witness; and

(b)the age and maturity of the witness; and

(c)any other matters that the Specialist Family Violence Court Division considers relevant.

(4)The Specialist Family Violence Court Division may hear an application under subsection (2) or ascertain the matters in subsection (3) in camera and, except as otherwise directed by the Specialist Family Violence Court Division, persons who are not parties to the proceeding or their legal practitioners or representatives are not permitted to be present while the hearing takes place or the matters are being ascertained.

(5)Any place outside the courtroom where a witness is permitted to give evidence under this section is to be taken to be part of the courtroom while the witness is there for the purpose of giving evidence.

(6)The Specialist Family Violence Court Division may at any time in the course of the proceeding vary or revoke a direction made under subsection (1) on its own initiative or on the application of a party to the proceeding.

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Notes

1For party to a proceeding, see section 3(1).

2If a witness is the complainant in a criminal proceeding, Divisions 4 and 6 of Part 8.2 of Chapter 8 of the Criminal Procedure Act 2009 also apply.

4LRestriction on children being called as witnesses or present in court

(1)A child must not be present during, or called as a witness in, proceedings in the Specialist Family Violence Court Division, other than proceedings for a family violence intervention order or a proceeding relating to a recognised DVO, if—

(a)the child is a family member of a party to the proceedings; or

(b)the proceedings arise from or include allegations of family violence and the child is a family member of the alleged victim of that family violence.

(2)However, subsection (1) does not apply if—

(a)the child is the accused, defendant or respondent (within the meaning of the Family Violence Protection Act 2008) in the proceedings; or

(b)the Specialist Family Violence Court Division makes an order allowing the child to be present or called as a witness (as the case may be).

(3)For the purposes of subsection (1), a proceeding relating to a recognised DVO is a proceeding for the variation, extension or revocation of a non-local DVO that is a recognised DVO, both within the meaning of the National Domestic Violence Order Scheme Act 2016.

Note

Sections 67 and 150 of the Family Violence Protection Act 2008 restricts when a child can be present during, or called as a witness in, a proceeding for a family violence intervention order.

4MEstablishment of Neighbourhood Justice Division

(1)The Court has a Neighbourhood Justice Division.

(2)The Neighbourhood Justice Division has such of the powers of the Court as are necessary to enable it to exercise its jurisdiction.

(3)Despite section 4(3), the Neighbourhood Justice Division shall only be constituted by a magistrate who has been assigned to that Division by the Chief Magistrate by notice published in the Government Gazette.

(4)Nothing in subsection (3) prevents the Neighbourhood Justice Division being constituted by a judicial registrar in accordance with section 4(3AA).

(4A)Nothing in subsection (3) prevents the Neighbourhood Justice Division being constituted by a registrar for the determination of an application under Division 4 of Part 7 of the National Domestic Violence Order Scheme Act 2016.

(5)In assigning a magistrate to the Neighbourhood Justice Division, the Chief Magistrate must—

(a)have regard to the magistrate's knowledge of, or experience in the application of, the principles of therapeutic jurisprudence and restorative justice; and

(b)consult with the President of the Children's Court.

(6)The Neighbourhood Justice Division must exercise its jurisdiction with as little formality and technicality, and with as much expedition, as the requirements of this Act and the Sentencing Act 1991 and the proper consideration of the matters before the Court permit.

(7)The Neighbourhood Justice Division must take steps to ensure that, so far as practicable, any proceeding before it is conducted in a way which it considers will make it comprehensible to the parties to the proceeding.

(8)Subject to this Act, the regulations and the rules, the Neighbourhood Justice Division may regulate its own procedure.

4NPlaces where Neighbourhood Justice Division may sit and act

Despite anything to the contrary in this Act, the Neighbourhood Justice Division may only sit and act—

(a)at a venue of the Court specified by the Chief Magistrate by notice published in the Government Gazette; and

(b)if the Minister specifies a municipal district by notice published in the Government Gazette, at any place within that municipal district.

4OJurisdiction of Neighbourhood Justice Division

(1)In this section—

close connection means connection involving regular congregation for the purpose of social or community support;

municipal district means a municipal district specified under section 4N(b).

(2)The Neighbourhood Justice Division has the jurisdiction referred to in this section if—

(a)in the case of a criminal proceeding, the accused—

(i)resides in the municipal district; or

(ii)is a homeless person who is alleged to have committed the offence in the municipal district; or

(iii)is a homeless person who is alleged to have committed the offence outside the municipal district but who is living in the municipal district in accommodation of the kind referred to in paragraph (a) of the definition of homeless person in section 3(1); or

(iv)is an Aborigine with a close connection to the municipal district and is alleged to have committed the offence in that district;

(ab)in the case of a proceeding under the Personal Safety Intervention Orders Act2010—

(i)at least one of the parties resides in the municipal district; or

(ii)at least one of the parties is—

(A)a homeless person; or

(B)an Aborigine with a close connection to the municipal district—

and the Court considers that it is appropriate to deal with the matter in the Neighbourhood Justice Division; or

(iii)the whole or a material part of the alleged stalking or prohibited behaviour occurred in the municipal district;

(b)in the case of a civil proceeding or a proceeding under the Family Violence Protection Act 2008 or the National Domestic Violence Order Scheme Act 2016—

(i)at least one of the parties resides in the municipal district; or

(ii)at least one of the parties is—

(A)a homeless person; or

(B)an Aborigine with a close connection to the municipal district—

and the Court considers that it is appropriate to deal with the matter in the Neighbourhood Justice Division; or

(iii)the whole or a material part of the cause of action or claim arose in the municipal district; or

(iv)the whole or a material part of the allegations of family violence occurred in the municipal district.

(3)Subject to subsection (4), the Neighbourhood Justice Division has—

(a)the jurisdiction of the Court given by section 25; and

(b)the jurisdiction given to the Court with respect to a criminal proceeding by or under any other Act; and

(c)jurisdiction to deal with a breach of a sentence imposed by it (including any offence constituted by such a breach) or variation of such a sentence; and

(d)the civil jurisdiction of the Court in respect of a cause of action or claim, or a class of cause of action or claim, or a proceeding, or a class of proceeding, specified in the rules; and

(da)the jurisdiction of the Court given by the Personal Safety Intervention Orders Act2010; and

(e)the jurisdiction of the Court given by the Family Violence Protection Act 2008; and

(ea)the jurisdiction of the Court given by Division 4 of Part 7 of the National Domestic Violence Order Scheme Act 2016; and

(f)the jurisdiction of the Court given by the Vexatious Proceedings Act 2014 in relation to intervention order legislation within the meaning of that Act.

(4)The Neighbourhood Justice Division does not have jurisdiction to deal with—

(a)a committal proceeding into an indictable offence; or

(b)a proceeding for a sexual offence as defined in section 6B(1) of the Sentencing Act 1991.

4PTransfer of proceedings

(1)Subject to and in accordance with the rules—

(a)a proceeding may be transferred to the Neighbourhood Justice Division, whether sitting at the same or a different venue; and

(b)the Neighbourhood Justice Division may transfer a proceeding (including a proceeding transferred to it under paragraph (a)) to the Court, sitting other than as the Neighbourhood Justice Division, at the same or a different venue.

(2)Despite anything to the contrary in this Act, if a proceeding is transferred from one venue of the Court to another, the transferee venue is the proper venue of the Court for the purposes of this Act.

4QSentencing procedure in Neighbourhood Justice Division

(1)This section applies to the Neighbourhood Justice Division when it is considering which sentence to impose on an accused.

(2)The Neighbourhood Justice Division may inform itself in any way it thinks fit, including by considering a report prepared by, or a statement or submission prepared or made to it by, or evidence given to it by—

(a)a Neighbourhood Justice officer; or

(b)a community corrections officer appointed under Part 4 of the Corrections Act 1986; or

(c)the Secretary to the Department of Human Services; or

(ca)the Secretary to the Department of Health; or

(d)a health service provider; or

(e)a community service provider; or

(f)a victim of the offence; or

(g)anyone else whom the Division considers appropriate.

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(4)Nothing in this section affects the requirement to observe the rules of natural justice.

(5)This section does not limit—

(a)any other power conferred on the Court by or under this or any other Act; or

(b)any other specific provision made by or under this or any other Act for the making of any report, statement or submission, or the giving of any evidence, to the Court for the purpose of assisting it in determining a sentence.

(6)To avoid doubt, Part 3.10 of the Evidence Act2008 does not apply to the Neighbourhood Justice Division in considering the sentence to impose under this section, unless the Neighbourhood Justice Division directs, in accordance with section 4(2) of the Evidence Act2008, that it applies.

4RSexual Offences List

(1)A Sexual Offences List is established.

(2)The Sexual Offences List consists of any proceeding that relates (wholly or partly) to a charge for a sexual offence.

(3)The operation and administration of the Sexual Offences List is at the direction of the Chief Magistrate.

(4)The Chief Magistrate, under section 16A, may issue practice directions, statements or notes for the Court in relation to the Sexual Offences List.

(5)Nothing in this section takes away from, or limits, a discretion or power conferred on the Chief Magistrate by or under this Act.

4SAssessment and Referral Court List

(1)An Assessment and Referral Court List is established.

(2)Subject to subsection (3), the Assessment and Referral Court List consists of any criminal proceeding referred to that List by the Court.

(3)The Court must not refer a criminal proceeding to the Assessment and Referral Court List unless—

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(b)the accused meets the eligibility criteria specified in section 4T; and

(c)the accused consents to the proceeding being dealt with in the Assessment and Referral Court List; and

(d)the proceeding is at a venue of the Court where the Assessment and Referral Court List operates; and

(e)it appears to the Court that, in all the circumstances, it is appropriate for the proceeding to be dealt with in the Assessment and Referral Court List.

(3A)For the purposes of determining whether an accused meets the eligibility criteria specified in section 4T, the Court, so far as is practicable, must have regard to any assessment undertaken by a person with appropriate clinical qualifications and experience in relation to the particular impairment or principal impairment that the accused may have.

(4)Despite anything to the contrary in this Act, the Assessment and Referral Court List may only sit and act at a venue of the Court specified by the Chief Magistrate by notice published in the Government Gazette.

(5)The operation and administration of the Assessment and Referral Court List is at the direction of the Chief Magistrate.

(6)The Chief Magistrate, under section 16A, may issue practice directions, statements or notes for the Court in relation to the Assessment and Referral Court List.

(6A)Without limiting subsection (6), the Chief Magistrate, in exercising the powers under that subsection and having regard to the needs or requirements of persons with different types of impairments, may provide for—

(a)separate hearing lists within the List; and

(b)other arrangements to deal with needs or requirements in relation to different types of impairment.

(7)Nothing in this section takes away from, or limits, a discretion or power conferred on the Chief Magistrate by or under this Act.

(8)Nothing in this section or sections 4T to 4Y affects the operation or application of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.

(9)A report under section 15(3) must include the following information about the Assessment and Referral Court List—

(a)the source of referral of a proceeding to the List;

(b)the number of persons in each diagnostic criteria who were the subject of a criminal proceeding;

(c)the number of persons who were removed from the Assessment and Referral Court List and the reasons for the removal;

(d)the number of persons who did not complete an individual support plan;

(e)the outcomes of proceedings referred to the Assessment and Referral Court List, including—

(i)the number of accused discharged in accordance with section 4U or 4Y;

(ii)the number of referrals to the Assessment and Referral Court List;

(iii)the number of accused accepted onto the Assessment and Referral Court List;

(iv)the number of proceedings finalised on the Assessment and Referral Court List;

(v)the number of proceedings transferred out of the Assessment and Referral Court List in accordance with section 4X(2);

(f)a summary report of how the Assessment and Referral Court List has functioned, including an assessment, if practicable, of the extent to which the Assessment and Referral Court List reduced re-offending.

4TEligibility criteria

(1)To be eligible for a criminal proceeding to enter the Assessment and Referral Court List, an accused must meet—

(a)the diagnostic criteria; and

(b)the functional criteria; and

(c)the needs criteria.

(2)The diagnostic criteria are that the accused has one or more of the following—

(a)a mental illness;

(b)an intellectual disability;

(c)an acquired brain injury;

(d)autism spectrum disorder;

(e)a neurological impairment, including, but not limited to dementia.

(3)The functional criteria are that the accused has one or more of the diagnostic criteria which causes a substantially reduced capacity in at least one of the following areas—

(a)self-care;

(b)self-management;

(c)social interaction;

(d)communication.

(4)The needs criteria are that the accused would derive benefit from receiving coordinated services in accordance with an individual support plan that has regard to the particular diagnostic and functional criteria as well as all other relevant facts applying to the accused and that may include one or more of the following—

(a)psychological assessment;

(b)welfare services;

(c)health services;

(d)mental health services;

(e)disability services;

(f)drug treatment services or alcohol treatment services;

(g)housing and support services;

(h)other services that aim to reduce the risk of offending or re-offending.

4USpecific powers of the Assessment and Referral Court List

(1)The Assessment and Referral Court List has the powers of the Court necessary to enable it to exercise its jurisdiction.

(2)Without limiting subsection (1), the Court may—

(a)at any time, convene a hearing to receive reports on an accused's progress and compliance with his or her individual support plan;

(b)adjust, amend or vary any individual support plan of an accused;

(c)at any time, remove a criminal proceeding from the Assessment and Referral Court List;

(d)at any time discharge an accused or indicate an intention to discharge the accused.

(3)In hearing any proceeding in the Assessment and Referral Court List, the Court must exercise its jurisdiction with as little formality and technicality, and with as much expedition, as the requirements of this Act and the Sentencing Act 1991 and the proper consideration of the matters before the Court permit.

4VAdjournment of proceeding in Assessment and Referral Court List

(1)The Court, at any time before taking a formal plea from the accused in a criminal proceeding which has been referred to the Assessment and Referral Court List, may adjourn a proceeding in that List for the purposes of a clinical assessment of the accused to—

(a)identify the accused's needs based on the needs criteria set out in section 4T; and

(b)prepare an individual support plan for the accused.

(2)The Court must fix a return date for consideration by the Court of the proposed individual support plan.

(3)On the return date, the Court may—

(a)subject to subsection (5), approve the individual support plan, with or without amendments;

(b)fix bail conditions or any undertakings or other conditions the Court considers appropriate;

(c)make any other order the Court thinks fit.

(4)The Court may adjourn a proceeding under this section for a period not exceeding 12 months to enable the accused to be assessed and participate in and complete his or her individual support plan.

(5)The Court must take a formal plea from the accused before approving an individual support plan under subsection (3)(a).

4WOther adjournment powers not limited

Nothing in section 4V limits the operation of section 59 or section 331 of the Criminal Procedure Act 2009 in relation to any criminal proceeding.

4XTransfer of proceedings to and from Assessment and Referral Court List

(1)Subject to and in accordance with this Act and the rules—

(a)a proceeding may be transferred to the Assessment and Referral Court List, whether sitting at the same or a different venue; and

(b)the Court may transfer a proceeding in the Assessment and Referral Court List out of that List and back to the Court for hearing at the same or a different venue.

(2)Despite subsection (1), a proceeding in the Assessment and Referral Court List must be transferred out of the List to a contested hearing in the Court if at any stage the accused pleads not guilty.

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(3)Despite anything to the contrary in this Act, if a proceeding is transferred from one venue of the Court to another, the transferee venue is the proper venue of the Court for the purposes of this Act.

(4)This section does not limit—

(a)any other power conferred on the Court by or under this or any other Act; or

(b)any other specific provision made by or under this or any other Act for the making of any report, statement or submission, or the giving of any evidence, to the Court for the purpose of assisting it in hearing any criminal proceeding or determining sentence.

4YCompletion of, and participation in, individual support plan

(1)On completion of an individual support plan by an accused to the satisfaction of the Court, the Court must hear and determine the criminal proceeding to which the individual support plan related.

(2)If an accused completes, or participates in, an individual support plan to the satisfaction of the Court, the Court may discharge the accused without any finding of guilt.

(3)The fact of participation in the individual support plan is not to be treated as a finding of guilt.

(4)If the accused is discharged by the Court, the fact of participation in, or completion of, the individual support plan and the discharge of the accused is a defence to a later charge for the same offence or a similar offence arising out of the same circumstances.

(5)If an accused participates in an individual support plan to the satisfaction of the Court and the accused is subsequently found guilty of the charge, the Court must take into account the extent to which the accused participated in the individual support plan when sentencing the accused.

(6)If an accused fails to participate in an individual support plan to the satisfaction of the Court and the accused is subsequently found guilty of the charge, the Court must not take into account the accused's failure to participate in the individual support plan when sentencing the accused.

(7)Nothing in this section affects the requirement to observe the rules of natural justice.

(8)This section does not affect the incurring of demerit points under the Road Safety Act 1986 or regulations made under that Act.

(9)Nothing in this section affects or limits the operation of the Sentencing Act 1991 or the powers of a magistrate or the Court under that Act.

5Where and when Court to be held

(1)The Court is to be held at such places as the Governor in Council, by Order published in the Government Gazette, directs.

(2)The Court may sit and act at any time and place.

(3)The Court must sit on such days and at such times as the Chief Magistrate from time to time directs by notice published in the Government Gazette.

(4)The Chief Magistrate may from time to time, by notice published in the Government Gazette, alter the days and times appointed for the holding of the Court at any place.

5AMention courts

The Chief Magistrate may from time to time, by notice published in the Government Gazette, nominate a venue of the court as a mention court, whether generally or for a particular class of proceeding.

6Magistrate to be in attendance

(1)The Chief Magistrate must make arrangements for a magistrate to attend on the day and at the time and place at which the Court is to be held.

(2)If a magistrate does not arrive at the place at which the Court is to be held before the time fixed for the holding of the Court, a registrar may open the Court and adjourn all proceedings to another day or to another venue, as directed by a magistrate.

7Appointment of magistrates

(1)The Governor in Council may appoint as many persons as magistrates as are necessary for transacting the business of the Court.

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(2)Subject to subsection (2B), the Governor in Council may appoint one of the magistrates or, in accordance with subsection (2B), another person to be Chief Magistrate and two or more magistrates to be Deputy Chief Magistrates.

(2A)A Deputy Chief Magistrate appointed on or after the commencement of section 5 of the Courts Legislation (Amendment) Act 2003 holds office for a term not exceeding 5 years specified in the instrument of appointment, but is eligible for reappointment.

(2B)Without limiting subsection (2), the Chief Magistrate, when appointed under subsection (2) must—

(a)already be a Judge of the Supreme Court; or

(b)be simultaneously appointed as Chief Magistrate under subsection (2) and appointed under section 75B of the Constitution Act 1975 as a Judge of the Supreme Court.

(3)A person is not eligible for appointment as a magistrate unless he or she—

(a)is or has been a judge or magistrate of—

(i)the High Court of Australia or of a court created by the Parliament of the Commonwealth; or

(ii)a court of Victoria or of another State or of the Northern Territory or the Australian Capital Territory; or

(b)is an Australian lawyer of at least 5 years' standing.

(4)A person who has attained the age of 70 years is not eligible to be appointed as a magistrate.

(5)Every person who is appointed as a magistrate must, before acting as a magistrate, take an oath or affirmation of office in the prescribed form and manner.

(6)A magistrate may resign from office by delivering to the Governor a signed letter of resignation.

(6A)The Chief Magistrate who is a dual commission holder may—

(a)resign simultaneously from both the office of Chief Magistrate under subsection (6) and the office of Judge of the Supreme Court under section 77(4)(e) of the Constitution Act 1975; or

(b)resign from the office of Chief Magistrate under subsection (6) and continue in office as a Judge of the Supreme Court; or

(c)resign from the office of Judge of the Supreme Court under section 77(4)(e) of the Constitution Act 1975 and continue in office as Chief Magistrate without being a dual commission holder.

(7)A magistrate, other than a Chief Magistrate appointed on or after 7 May 1996, is an officer within the meaning of the State Superannuation Act 1988.

(7A)For the purposes of subsection (7), if any magistrate, other than a Chief Magistrate appointed on or after 7 May 1996, was appointed as a magistrate before the repeal of section 9 by the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 and immediately before that appointment as a magistrate was an acting magistrate under section 9, during that appointment as an acting magistrate, he or she is an officer within the meaning of the State Superannuation Act 1988.

*                *                *                *                *

(9)A magistrate serving under a part-time service arrangement must not engage in legal practice.

(9A)Except with the approval of the Chief Magistrate, a magistrate serving under a part-time service arrangement must not undertake paid employment or conduct a business, trade or profession of any kind.

(9B)Except with the approval of the Chief Magistrate, a magistrate serving under a part-time service arrangement must not hold an office in any company, trustee company, incorporated association or other entity, whether public or private, in respect of which the magistrate receives remuneration.

(10)Subject to subsection (7A), this section does not apply to a reserve magistrate.

7AEntry into part-time service arrangement

(1)A magistrate other than an excluded judicial officer may enter into an arrangement with the Chief Magistrate to carry out the duties of magistrate on a part-time basis.

(2)A part-time service arrangement—

(a)must be in writing;

(b)must specify the proportion of full-time duties to be worked by the magistrate to whom the part-time service arrangement applies, which must be a minimum of 0·4 of full-time duties;

(c)may specify an expiry date, but is not required to do so.

(3)The Chief Magistrate may have regard to the following factors in considering whether to enter into a part-time service arrangement—

(a)the operational needs of the court;

(b)the personal and professional circumstances of the magistrate;

(c)parity and equity with other magistrates;

(d)any other relevant consideration.

(4)A part-time service arrangement takes effect from the date agreed by the Chief Magistrate and the magistrate and specified in the part-time service arrangement.

7BVariation of part-time service arrangement

(1)A part-time service arrangement may be varied by agreement between the magistrate to whom the arrangement applies and the Chief Magistrate.

(2)A variation of a part-time service arrangement—

(a)must be in writing;

(b)must specify the proportion of full-time duties to be worked by the magistrate to whom the part-time service arrangement applies, which must be a minimum of 0·4 of full-time duties.

(3)The Chief Magistrate may have regard to the factors referred to in section 7A(3) in considering whether to vary a part-time service arrangement.

(4)A variation of a part-time service arrangement takes effect from the date agreed by the Chief Magistrate and the magistrate and specified in the written variation of the part-time service arrangement.

7CSuspension of part-time service arrangement

(1)A part-time service arrangement is suspended if the magistrate to whom the part-time service arrangement applies is appointed as any one of the following—

(a)Acting Chief Magistrate;

(b)Acting Deputy Chief Magistrate;

(c)Acting Deputy State Coroner.

(2)A suspension under subsection (1) is for the period of the acting appointment.

7DTermination of part-time service arrangement

(1)A part-time service arrangement is terminated if the magistrate to whom the part-time service arrangement applies is appointed as any one of the following—

(a)Chief Magistrate;

(b)Deputy Chief Magistrate;

(c)Deputy State Coroner.

(2)A part-time service arrangement may be terminated by agreement between the magistrate to whom the arrangement applies and the Chief Magistrate.

8Appointment of Acting Chief Magistrate

(1AAA)The Governor in Council may appoint a Deputy Chief Magistrate, nominated by the Chief Magistrate, to be Acting Chief Magistrate during any period when the Chief Magistrate is absent on leave or for any reason is temporarily unable to perform the duties of the office of Chief Magistrate.

(1)The Governor in Council may appoint one of the magistrates (other than a reserve magistrate) to be Acting Chief Magistrate—

(a)during any period when the Chief Magistrate is absent on leave or for any reason is temporarily unable to perform the duties of the office of Chief Magistrate if an appointment has not been made under subsection (1AAA); or

(b)if there is a vacancy in the office of Chief Magistrate.

(1A)The senior of the Deputy Chief Magistrates willing to act as Chief Magistrate shall act as Chief Magistrate if there is—

(a)a period when the Chief Magistrate is for any reason temporarily unable to perform the duties of the office of Chief Magistrate and an appointment has not been made under subsection (1AAA) or (1)(a); or

(b)a vacancy in the office of Chief Magistrate and an appointment has not been made under subsection (1)(b).

(1B)If the appointment of 2 or more Deputy Chief Magistrates took place on the same date, the Deputy Chief Magistrates have seniority according to the seniority assigned in the instruments of appointment as Deputy Chief Magistrate, or if there is no such assignment, according to the order of their taking oath or affirmation of office.

(2)A magistrate who is appointed as Acting Chief Magistrate or acts as Chief Magistrate under subsection (1A) has, during the period of the appointment or the period of acting as Chief Magistrate, the same powers and duties as the Chief Magistrate.

*                *                *                *                *

9AAppointment of reserve magistrates

(1)The Governor in Council may appoint as many reserve magistrates as are necessary for transacting the business of the Court.

(2)A person is not eligible for appointment as a reserve magistrate unless he or she—

(a)has not attained the age of 78 years; and

(b)is, or has been—

(i)a magistrate appointed under section 7 or any previous corresponding provision; or

(ii)a magistrate of a Magistrates' Court or Local Court (however designated) of another State or the Northern Territory or the Australian Capital Territory.

(3)The instrument of appointment of a person as a reserve magistrate must specify the terms and conditions of appointment.

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 59) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Act 2014, No. 25/2014

Assent Date:	8.4.14
Commencement Date:	S. 11 on 12.5.14: Special Gazette (No. 136) 29.4.14 p. 1
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Mental Health Act 2014, No. 26/2014

Assent Date:	8.4.14
Commencement Date:	S. 455(Sch. item 20) on 1.7.14: s. 2(1)
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Honorary Justices Act 2014, No. 32/2014

Assent Date:	13.5.14
Commencement Date:	S. 55 on 1.9.14: s. 2(2)
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 101) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Vexatious Proceedings Act 2014, No. 42/2014

Assent Date:	17.6.14
Commencement Date:	Ss 105–107 on 31.10.14: s. 2(2)
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Fines Reform Act 2014, No. 47/2014 (as amended by No. 59/2017)

Assent Date:	1.7.14
Commencement Date:	Ss 268–276, 280, 281 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1; ss 277–279 never proclaimed, repealed by No. 59/2017 s. 105
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014

Assent Date:	9.9.14
Commencement Date:	Ss 90–95 on 10.11.14: Special Gazette (No. 364) 14.10.14 p. 1
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Crimes Amendment (Abolition of Defensive Homicide) Act 2014, No. 63/2014

Assent Date:	9.9.14
Commencement Date:	Ss 5(2), 7(14)–(16) on 1.11.14: Special Gazette (No. 350) 7.10.14 p. 1
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Justice Legislation Amendment Act 2015, No. 20/2015

Assent Date:	16.6.15
Commencement Date:	S. 44 on 17.6.15: s. 2(3)
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Statute Law Revision Act 2015, No. 21/2015

Assent Date:	16.6.15
Commencement Date:	S. 3(Sch. 1 item 32) on 1.8.15: s. 2(1)
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Judicial Entitlements Act 2015, No. 29/2015

Assent Date:	11.8.15
Commencement Date:	Ss 68–72 on 12.8.15: s. 2(1); ss 84–86 on 1.1.16: s. 2(3)
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Justice Legislation Further Amendment Act 2016, No. 3/2016

Assent Date:	16.2.16
Commencement Date:	Ss 3, 7, 18–21, 32–38 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1; ss 4–6 on 1.7.16: Special Gazette (No. 204) 28.6.16 p. 1
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Judicial Commission of Victoria Act 2016, No. 16/2016

Assent Date:	19.4.16
Commencement Date:	Ss 197–200 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Sex Offenders Registration Amendment Act 2016, No. 21/2016

Assent Date:	26.4.16
Commencement Date:	S. 22 on 1.2.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Justice Legislation (Evidence and Other Acts) Amendment Act 2016, No. 38/2016

Assent Date:	28.6.16
Commencement Date:	S. 10 on 12.9.16: Special Gazette (No. 278) 6.9.16 p. 1
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

National Domestic Violence Order Scheme Act 2016, No. 53/2016

Assent Date:	18.10.16
Commencement Date:	Ss 103–109 on 25.11.17: Special Gazette (No. 388) 15.11.17 p. 1
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Family Violence Protection Amendment Act 2017, No. 19/2017

Assent Date:	16.5.17
Commencement Date:	Ss 50–53 on 16.11.17: Special Gazette (No. 388) 15.11.17 p. 1
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Bail Amendment (Stage One) Act 2017, No. 26/2017

Assent Date:	27.6.17
Commencement Date:	S. 24 on 21.5.18: Special Gazette (No. 218) 15.5.18 p. 1
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017

Assent Date:	29.8.17
Commencement Date:	Ss 70, 71 on 1.5.18: s. 2(4)
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017, No. 45/2017

Assent Date:	26.9.17
Commencement Date:	S. 55 on 1.4.18: Special Gazette (No. 136) 27.3.18 p. 3
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Fines Reform Amendment Act 2017, No. 59/2017

Assent Date:	5.12.17
Commencement Date:	S. 125 on 21.12.17: Special Gazette (No. 443) 19.12.17 p. 1
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 81) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Justice Legislation Amendment (Access to Justice) Act 2018, No. 15/2018

Assent Date:	29.5.18
Commencement Date:	Ss 47, 48 on 30.5.18: s. 2(1)
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Legal Identity of Defendants (Organisational Child Abuse) Act 2018, No. 18/2018

Assent Date:	5.6.18
Commencement Date:	S. 18 on 1.7.18: Special Gazette (No. 305) 26.6.18 p. 1
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018, No. 33/2018

Assent Date:	14.8.18
Commencement Date:	Ss 35–37, 49–54 on 29.3.19: Special Gazette (No. 114) 26.3.19 p. 1; s. 42 on 11.11.19: Special Gazette (No. 446) 6.11.19 p. 1; ss 41, 43–45 on 1.9.20: s. 2(3)
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Justice Legislation Amendment (Police and Other Matters) Act 2019, No. 3/2019

Assent Date:	13.3.19
Commencement Date:	S. 30 on 1.12.19: s. 2(3)
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, No. 8/2019

Assent Date:	26.3.19
Commencement Date:	S. 114 on 19.2.20: s. 2(3)
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:	4.6.19
Commencement Date:	S. 221(Sch. 1 item 29) on 1.3.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Police Legislation Amendment (Road Safety Camera Commissioner and Other Matters) Act 2019, No. 39/2019

Assent Date:	6.11.19
Commencement Date:	Ss 14, 15 on 7.11.19: s. 2(1)
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020

Assent Date:	24.4.20
Commencement Date:	S. 38 on 25.4.20: s. 2
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Crimes Amendment (Manslaughter and Related Offences) Act 2020, No. 16/2020

Assent Date:	10.6.20
Commencement Date:	S. 20 on 1.7.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Justice Legislation Miscellaneous Amendments Act 2020, No. 22/2020

Assent Date:	30.6.20
Commencement Date:	S. 7 on 1.7.20: s. 2
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020

Assent Date:	20.10.20
Commencement Date:	Ss 13, 14 on 21.10.20: s. 2
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Justice Legislation Amendment (Drug Court and Other Matters) Act 2020, No. 43/2020

Assent Date:	8.12.20
Commencement Date:	Ss 37, 38 on 26.4.21: s. 2(2)
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021

Assent Date:	23.3.21
Commencement Date:	Ss 54–56 on 26.4.21: s. 2(2)
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Victorian Civil and Administrative Tribunal and Other Acts Amendment (Federal Jurisdiction and Other Matters) Act 2021, No. 31/2021

Assent Date:	10.8.21
Commencement Date:	Ss 7, 8 on 29.11.21: Special Gazette (No. 649) 23.11.21 p. 1
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Terrorism (Community Protection) Amendment Act 2021, No. 47/2021

Assent Date:	3.11.21
Commencement Date:	S. 27 on 2.9.22: s. 2(3)
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022

Assent Date:	15.2.22
Commencement Date:	Ss 14–24 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 1
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Justice Legislation Amendment (Fines Reform and Other Matters) Act 2022, No. 17/2022

Assent Date:	18.5.22
Commencement Date:	S. 77 on 19.5.22: s. 2(1)
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Justice Legislation Amendment Act 2022, No. 20/2022

Assent Date:	31.5.22
Commencement Date:	Ss 33–35 on 1.6.22: s. 2(1)
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Mental Health and Wellbeing Act 2022, No. 39/2022

Assent Date:	6.9.22
Commencement Date:	S. 845 on 1.9.23: s. 2(2)
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023, No. 17/2023

Assent Date:	27.6.23
Commencement Date:	Ss 36, 37 on 28.6.23: s. 2(1)
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Bail Amendment Act 2023, No. 28/2023

Assent Date:	24.10.23
Commencement Date:	S. 70 on 25.3.24: s. 2(2)
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

Justice Legislation Amendment (Miscellaneous) Act 2025, No. 20/2025

Assent Date:	18.6.25
Commencement Date:	S. 17 on 19.6.25: s. 2
Current State:	This information relates only to the provision/s amending the Magistrates' Court Act 1989

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] S. 9 (repealed): The amendment proposed to section 9(10) by section 8(1) of the Courts Legislation (Judicial Conduct) Act 2005, No. 16/2005 (repealed) is not included in this publication as section 9 was substituted by section 11 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005, No. 3/2005 (repealed).

[2] S. 58(1): Sections 10–13 of the Magistrates' Court (Amendment) Act 1996, No. 70/1996 read as follows:

10Payment of fines

(1)An arrangement made before 14 November 1996—

(a)for an extension of time for the payment of a fine referred to in Schedule 7 to the Principal Act; or

(b)for the payment by instalments of a fine referred to in Schedule 7 to the Principal Act—

with a person authorised to execute a penalty enforcement warrant or a warrant to seize property or a warrant to imprison issued under clause 8(1) of that Schedule is deemed to be an order referred to in clause 7(1)(a) or (b), as the case may be, of that Schedule.

(2)An arrangement made before 14 November 1996—

(a)for allowing time for the payment of a fine referred to in section 62 or 66 of the Sentencing Act 1991; or

(b)for the payment by instalments of a fine referred to in section 62 or 66 of the Sentencing Act 1991; or

(c)for a variation of—

(i)the terms of an instalment order referred to in section 62 or 66 of the Sentencing Act 1991; or

(ii)an arrangement referred to in paragraph (a) or (b)—

with a person authorised to execute a warrant to arrest issued under section 62 of that Act or a warrant to seize property issued under section 66 of that Act is deemed to be an order referred to in section 55(a), (b) or (c), as the case may be, of that Act.

11Transitional

(1)If, before 14 November 1996, a warrant has been recalled under section 58(1) of the Principal Act and a fresh warrant for the same purpose had purportedly been issued—

(a)the recalled warrant is deemed to have been cancelled on the date on which the fresh warrant was purportedly issued; and

(b)the fresh warrant and its execution are deemed to be valid despite any lack of power to issue the fresh warrant.

(2)If, before 14 November 1996, a warrant referred to in section 58(2) of the Principal Act had been executed after its expiry under that section, the warrant and its execution are deemed to be valid despite that expiry.

(3)If, before 14 November 1996, a warrant referred to in section 58(2) of the Principal Act had expired under that section and after its expiry the amount of the fine in respect of which it was issued or any part of that amount or any amount for associated costs were paid, those amounts are deemed to have been lawfully demanded and recovered.

(4)If, before 14 November 1996, a penalty enforcement warrant or a warrant to seize property or a warrant to imprison or a warrant to arrest directed to the sheriff was purportedly issued not in paper form, the warrant is deemed to be valid if its issue would have been valid had it been issued in paper form and signed or otherwise authenticated by the person issuing it.

(5)A penalty enforcement warrant or a warrant to seize property or a warrant to imprison or a warrant to arrest which—

(a)was issued under clause 8(1) of Schedule 7 to the Principal Act or under, or in accordance with an order made under, section 62 or 66 of the Sentencing Act 1991 and included an amount for costs of execution or warrant costs; and

(b)was executed before 14 November 1996—

is deemed to have been lawfully executed.

(6)If, before 14 November 1996, a warrant was issued under clause 8(1) of Schedule 7 to the Principal Act or under, or in accordance with an order made under, section 62 or 66 of the Sentencing Act 1991 and included an amount for costs of execution or warrant costs, but before execution the amount of the fine and costs were paid, those amounts are deemed to have been lawfully demanded and recovered.

12No proceedings may be brought

Proceedings, including proceedings—

(a)seeking damages or compensation; or

(b)seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration of right or an injunction; or

(c)seeking a writ of habeas corpus; or

(d)seeking an order under the Administrative Law Act 1978—

may not be brought in respect of any matter or thing that, by reason of the operation of this Act, is deemed to be valid or lawful or to have been validly or lawfully done.

13Supreme Court—limitation of jurisdiction

It is the intention of section 12 to alter or vary section 85 of the Constitution Act 1975.

[3] S. 58(2): Section 28(3) of the Magistrates' Court (Amendment) Act 1994, No. 33/1994 reads as follows:

28Transitional provisions

(3)The amendments of the Principal Act made by sections 9, 11 and 22(a) to (g) (penalty enforcement warrants) apply to infringement penalties imposed before as well as after the commencement of those sections but if a penalty enforcement warrant is issued with respect to an infringement penalty imposed before that commencement—

(a)any warrant to imprison issued with respect to the infringement penalty must be recalled and cancelled in accordance with section 58(1) of the Principal Act; and

(b)a fresh demand must be made under clause 8(2) of Schedule 7 of the Principal Act as amended by this Act.

[4] S. 58(2): Section 5(5) of the Magistrates' Court (Amendment) Act 1996, No. 70/1996 reads as follows:

5Expiry of certain warrants

(5)Subsections (2) and (3) of section 58 of the Principal Act as in force before 14 November 1996 do not apply, and are deemed never to have applied, to a warrant referred to in those subsections if the warrant was executed before that date or the fine in respect of which it was issued, together with all associated costs, were paid before that date.

[5] S. 58(2): See note 2.

[6] S. 58(3): See note 4.

[7] S. 60(1): See note 3.

[8] S. 60(2): See note 3.

[9] S. 82(2): S. 12 of the Evidence (Audio Visual and Audio Linking) Act 1997, No. 4/1997 reads as follows:

12Transitional provisions

(1)An amendment made by a provision of this Act to the Evidence Act 1958, the Supreme Court Act 1986, the County Court Act 1958, the Magistrates' Court Act 1989 or the Children and Young Persons Act 1989 applies to a proceeding that is commenced to be heard on or after the twenty-first day after the commencement of that amendment, irrespective of when the proceeding was commenced or when any offence to which the proceeding relates is alleged to have been committed.

(2)For the purposes of subsection (1) in its application to criminal proceedings—

(a)a trial is commenced to be heard on arraignment of the accused person; and

(b)a hearing of a charge for an offence is commenced to be heard on the taking of a formal plea from the accused person.

[10] S. 100: See section 3(1) def. of jurisdictional limit.

[11] Pt 5 Div. 3A: Section 47(2) of the Courts and Tribunals (General Amendment) Act 1996, No. 64/1996 reads as follows:

47Magistrates' Court Act 1989—transitional provisions

(2)The amendments made by section 35 to the Magistrates' Court Act 1989 applies to proceedings, whether commenced before or after the commencement of that section.

[12] S. 115(3) (repealed) and (7)(a) (repealed): Section 28(6) of the Magistrates' Court (Amendment) Act 1994, No. 33/1994 reads as follows:

28Transitional provisions

(6)The amendments of the Principal Act made by section 16 (removal of compulsory age retirement for JPs) apply to any person who immediately before the commencement of that section held the office of justice of the peace.

[13] Sch. 4 (repealed):

Sch. 4 amended by Nos 25/1989 s. 8(3), 48/1989 s. 18 (as amended by No. 34/1990 s. 7(6)), 54/1989 s. 35(5) (as amended by No. 34/1990 s. 7(7)), 11/1990 s. 12(2) (as amended by No. 34/1990 s. 7(8)), 34/1990 s. 4(Sch. 3 items 20, 21), 8/1991 s. 14, 46/1991 s. 48, 81/1991 s. 10(Sch. item 2.1), 90/1991 s. 35, 67/1993 s. 26, 129/1993 s. 9(3), 21/1994 s. 39, 102/1994 s. 96, 63/1995 s. 169, 93/1995 s. 218(1)(Sch. 2 item 4), 99/1995 s. 24 (as amended by No. 73/1996 s. 63), 35/1996 s. 453(Sch. 1 item 53.7), 66/1996 s. 201(3) (as amended by No. 26/1997 s. 35(1)), 73/1996 s. 61, 26/1997 s. 55, 48/1997 s. 65(3)(a)–(c)(e)(f), 107/1997 s. 75, 108/1997 s. 154, 13/1998 s. 16, 60/1998 s. 17, 36/1999 s. 26, 39/1999 s. 39, 44/1999 s. 34, 49/2000 s. 4, 53/2000 s. 97, 69/2000 s. 57, 98/2000 s. 75, 2/2001 s. 110, 14/2001 s. 34, 32/2001 s. 35, 61/2001 s. 12(1), 69/2001 s. 19, 11/2002 s. 3(Sch. 1 items 43.1, 43.2), 23/2002 s. 199, 35/2002 s. 28(Sch. item 4.1), 47/2002 s. 45, 10/2003 s. 12, 28/2003 s. 76, 52/2003 s. 52(Sch. 1 item 8), 74/2003 s. 14, 80/2003 s. 184, 59/2004 s. 10, 107/2004 s. 181(1), 24/2005 s. 29, 31/2005 s. 36, 45/2005 s. 29, 62/2005 s. 143(1), 78/2005 s. 68, 9/2006 s. 159(1), 44/2006 s. 16, 50/2006 s. 22(3), 13/2007 s. 48, 50/2007 s. 59, 52/2007 s. 3, 53/2007 s. 23, 72/2008 s. 26, 74/2008 s. 46, 76/2008 s. 156, 30/2009 ss 197, 198, repealed by No. 7/2009 s. 427(2) (as amended by No. 68/2009 s. 54(m)).

[14] Sch. 5 (repealed): The amendment proposed by section 143(Schedule 2 item 8) of the Police Integrity Act 2008, No. 34/2008 (repealed) is not included in this publication because of the earlier substitution of clause 8(1)(b) of Schedule 5 by section 9 of the Courts Legislation Amendment (Juries and Other Matters) Act 2008, No. 38/2008 (repealed).

[15] Sch. 5 (repealed):

Sch. 5 amended by Nos 34/1990 s. 4(Sch. 3 item 22(a)–(g)), 49/1990 s. 4, 64/1990 ss 16, 20(Sch. item 4.4(a)(b)), 8/1991 ss 15, 16, 23/1991 ss 11, 12, 81/1991 s. 10(Sch. item 2.2), 33/1994 s. 20, 43/1994 s. 56(Sch. item 3.2), 35/1996 s. 453(Sch. 1 items 53.3, 53.8), 81/1997 s. 12, substituted by No. 10/1999 s. 4, amended by Nos 35/1999 s. 36(2), 92/2000 ss 7–9, 35/2002 ss 22, 23, 37/2002 s. 53, 108/2003 s. 22(2), 107/2004 s. 181(2), 30/2005 s. 3, 62/2005 s. 143(2), 2/2006 ss 39–41, 9/2006 s. 159(2), 50/2006 ss 27–34, 79/2006 s. 45, 36/2007 s. 6, 8/2008 s. 16, 18/2008 s. 14, 38/2008 s. 9, repealed by No. 7/2009 s. 427(2) (as amended by No. 68/2009 s. 54(m)).

[16] Sch. 7 (repealed):

Sch. 7 amended by Nos 5/1990 s. 20(4), 34/1990 s. 4(Sch. 3 items 24, 25), 64/1990 s. 20(Sch. item 4.5), 49/1991 s. 119(7) (Sch. 4 item 13.8), 33/1994 ss 21–24(1), 64/1996 s. 40, 70/1996 s. 9, 44/1997 s. 30, 43/1998 s. 46, 102/1998 s. 44(2)(3), 10/1999 s. 31(2), 99/2000 ss 7, 8, 9, 10, 11 (as amended by No. 12/2001 s. 9), 12, 13 (as amended by No. 12/2001 s. 10), 44/2001 s. 3(Sch. item 77.2), 92/2001 s. 31, 26/2002 ss 5, 6, 39/2003 ss 8, 9, 94/2003 s. 45, 39/2004 s. 260, 49/2004 s. 40, 2/2005 s. 9, 3/2005 ss 27, 28, 24/2005 s. 30, 87/2005 ss 28–32, repealed by No. 12/2006 s. 176(2) (as amended by No. 32/2006 s. 53(2)).

[17] Sch. 7 (repealed): The amendment proposed by section 15(5) of the Courts Legislation (Jurisdiction) Act 2006, No. 50/2006 (repealed) is not included in this publication due to the earlier repeal of Schedule 7 by section 176(2) of the Infringements Act 2006, No. 12/2006.