Magistrates' Court (Amendment) Act 2002 (Vic)

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Magistrates' Court (Amendment) Act 2002

Act No. 26/2002

TABLE OF PROVISIONS

Section Page

1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Supreme Court—limitation of jurisdiction 2
5. PERIN amendments 2
6. Validation of certain actions 3

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ENDNOTES 7

i

Victoria

No. 26 of 2002

Magistrates' Court (Amendment) Act

2002†

[Assented to 12 June 2002]

The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Magistrates' Court Act 1989—

(a)

in relation to the procedure for enforcement of infringement penalties; and

(b)

to validate certain things done in connection with, or arising out of, the enforcement of infringement penalties.

Magistrates' Court (Amendment) Act 2002

Act No. 26/2002 s. 2
2. Commencement
This Act comes into operation on the day on which it receives the Royal Assent.

3. Principal Act

See:

In this Act, the Magistrates' Court Act 1989 is Act No.
called the Principal Act. 51/1989.
Reprint No. 8
as at
24 April 2002
and
amending
Act Nos
2/2001 and
2/2002.

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dpc.vic. gov.au
4. Supreme Court—limitation of jurisdiction
At the end of section 139A of the Principal Act insert—
"(1A) It is the intention of clause 29 of Schedule 7

to alter or vary section 85 of the
Constitution Act 1975.".

5. PERIN amendments

In Schedule 7 to the Principal Act—

(a) in clause 2, for the definition of "appropriate officer" substitute—
' "appropriate officer", in relation to an
infringement notice or penalty notice or an
infringement penalty, means—

(a) a person who is the enforcement agency; or
(b) a person appointed by the enforcement agency as an appropriate officer for the purposes of the notice or the class of
notice; or

(c)

a prescribed person or a person who is a member of a prescribed class of person;';

Magistrates' Court (Amendment) Act 2002

s. 6	Act No. 26/2002

(b) in clause 2, for the definition of "enforcement agency" substitute—
' "enforcement agency", in relation to an
infringement notice or penalty notice or an
infringement penalty, means—

(a)

a person or body authorised by or under an Act to take proceedings for the offence in respect of which the notice was issued; or

(b)

a person by whom, or body by which, a person or body referred to in paragraph (a) is employed or engaged to provide services if the taking of the proceedings
referred to in that paragraph would occur
in the course of that employment or in
the course of providing those services; or

(c)

a prescribed person or body or a person who, or body that, is a member of a prescribed class of person or body; or
(d) a prescribed administrative unit; or
(e) a prescribed group of people;'.

6. Validation of certain actions
In Schedule 7 to the Principal Act, after clause 27 insert—
"28. Validation
(1) Subject to sub-clause (2), anything done or that
occurred or that is purported to have been done or to have occurred under this or any other Act (including the Magistrates (Summary Proceedings) Act 1975),
before the commencement of the Magistrates' Court
(Amendment) Act 2002, that would have been
validly or lawfully done or would have validly or
lawfully occurred had—

(a)

a person who purported to be an appropriate officer in relation to an infringement notice or penalty notice or an infringement penalty been an appropriate officer in relation to the notice or penalty; and

(b)

a person who, or body or unit or group that, purported to be an enforcement agency in

Magistrates' Court (Amendment) Act 2002

Act No. 26/2002 s. 6
relation to an infringement notice or penalty
notice or an infringement penalty been an
enforcement agency in relation to the notice or
penalty—
has, and is deemed always to have had, the same force
and effect as it would have had if—

(c)

the person who purported to be an appropriate officer had been an appropriate officer; and

(d)

the person who, or body or unit or group that, purported to be an enforcement agency had been an enforcement agency—
in relation to the notice or penalty (as the case
requires) at the relevant time.

(2)

Sub-clause (1) only has effect in circumstances where the person who purported to be an appropriate officer or the person who, or body or unit or group that,
purported to be an enforcement agency in relation to
the notice or penalty (as the case requires) at the
relevant time—

(a)

was the employer in a relevant capacity of or had engaged to provide relevant services; or

(b)

was employed in a relevant capacity by or was engaged to provide relevant services to; or

(c)

was appointed or authorised (whether expressly or impliedly) for the relevant purpose by; or

(d)

was in the prescribed way and in the prescribed circumstances connected with or related to; or

(e)

was in a relevant aspect otherwise connected with or related to—
a person who, or body or unit or group that, could
have been an appropriate officer or an enforcement
agency in relation to the notice or penalty (as the case
requires) at that time.
(3) Without limiting sub-clause (1), that sub-clause
applies with respect to the following—
(a) the registration of an infringement penalty;

(b)

the making or reinstatement of an enforcement order;

Magistrates' Court (Amendment) Act 2002

s. 6	Act No. 26/2002

(c) the issue of a warrant or the execution, or taking of a step in or in connection with the execution, of a warrant;
(d) the hearing and determination by the Court of the matter of an alleged offence;
(e) the arrest and detention in custody of a person under a penalty enforcement warrant or as a result of a breach of a condition of a custodial community permit;
(f)
the recording of demerit points against a person an offence or the suspension of a person's driver licence or permit under that Act as a consequence of the number of demerit points recorded against the person;

(g) the variation, suspension or cancellation of a person's driver licence or permit under the Road Safety Act 1986 in respect of a parking infringement or traffic infringement within the meaning of that Act or the service by or on behalf of the Roads Corporation of notice of such variation, suspension or cancellation;
(h) the taking by the Court of any action under clause 23 or the making by it of an order under clause 24(2);
(i) the requirement to pay costs of any kind imposed by or under this Schedule;

(j) the doing or occurrence of any thing, or taking of any step, under the Magistrates (Summary Proceedings) Act 1975 that corresponds to a
thing or step referred to in any of the preceding
paragraphs.
29. No 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

Magistrates' Court (Amendment) Act 2002

Act No. 26/2002 s. 6

(d)

seeking any 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 clause 28, is
deemed to be valid or lawful or to have been validly
or lawfully done or to have validly or lawfully
occurred.".

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Magistrates' Court (Amendment) Act 2002

Endnotes

Act No. 26/2002

ENDNOTES

†
Minister's second reading speech—
Legislative Assembly: 30 May 2002
Legislative Council: 5 June 2002
The long title for the Bill for this Act was "to amend the Magistrates'
Court Act 1989 in relation to the procedure for enforcement of
infringement penalties and to validate certain things done in connection
with, or arising out of, the enforcement of infringement penalties and for
other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 30 May 2002
Legislative Council: 5 June 2002
Absolute majorities:
Legislative Assembly: 4 June 2002
Legislative Council: 5 June 2002

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Magistrates' Court (Amendment) Act 2002 (Vic)

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1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2
4.	Supreme Court—limitation of jurisdiction	2
5.	PERIN amendments	2
6.	Validation of certain actions	3

(a)	in relation to the procedure for enforcement of infringement penalties; and
(b)	to validate certain things done in connection with, or arising out of, the enforcement of infringement penalties.

In this Act, the Magistrates' Court Act 1989 is	Act No.
called the Principal Act.	51/1989. Reprint No. 8
as at 24 April 2002
and
amending
Act Nos
2/2001 and 2/2002.
LawToday:
dpc.vic. gov.au

(a)	a person who is the enforcement agency; or
(b)	a person appointed by the enforcement agency as an appropriate officer for the purposes of the notice or the class of

(a)	a person or body authorised by or under an Act to take proceedings for the offence in respect of which the notice was issued; or
(b)	a person by whom, or body by which, a person or body referred to in paragraph (a) is employed or engaged to provide services if the taking of the proceedings
referred to in that paragraph would occur in the course of that employment or in the course of providing those services; or
(c)	a prescribed person or body or a person who, or body that, is a member of a prescribed class of person or body; or

(a)	a person who purported to be an appropriate officer in relation to an infringement notice or penalty notice or an infringement penalty been an appropriate officer in relation to the notice or penalty; and
(b)	a person who, or body or unit or group that, purported to be an enforcement agency in

Act No. 26/2002	s. 6
relation to an infringement notice or penalty notice or an infringement penalty been an enforcement agency in relation to the notice or penalty—

(c)	the person who purported to be an appropriate officer had been an appropriate officer; and
(d)	the person who, or body or unit or group that, purported to be an enforcement agency had been an enforcement agency—

(2)	Sub-clause (1) only has effect in circumstances where the person who purported to be an appropriate officer or the person who, or body or unit or group that,
purported to be an enforcement agency in relation to the notice or penalty (as the case requires) at the relevant time—
(a)	was the employer in a relevant capacity of or had engaged to provide relevant services; or
(b)	was employed in a relevant capacity by or was engaged to provide relevant services to; or
(c)	was appointed or authorised (whether expressly or impliedly) for the relevant purpose by; or
(d)	was in the prescribed way and in the prescribed circumstances connected with or related to; or
(e)	was in a relevant aspect otherwise connected with or related to—

(c)	the issue of a warrant or the execution, or taking of a step in or in connection with the execution, of a warrant;
(d)	the hearing and determination by the Court of the matter of an alleged offence;
(e)	the arrest and detention in custody of a person under a penalty enforcement warrant or as a result of a breach of a condition of a custodial community permit;
(f)

(g)	the variation, suspension or cancellation of a person's driver licence or permit under the Road Safety Act 1986 in respect of a parking infringement or traffic infringement within the meaning of that Act or the service by or on behalf of the Roads Corporation of notice of such variation, suspension or cancellation;
(h)	the taking by the Court of any action under clause 23 or the making by it of an order under clause 24(2);

(j)	the doing or occurrence of any thing, or taking of any step, under the Magistrates (Summary Proceedings) Act 1975 that corresponds to a
thing or step referred to in any of the preceding paragraphs.