Magistrates' Court (Arbitration) Regulations 2020 (Vic)

Version No. 001

Magistrates' Court (Arbitration) Regulations 2020

S.R. No. 44/2020

Version as at

22 June 2020

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocation

5Exemption from arbitration

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Magistrates' Court (Arbitration) Regulations 2020

S.R. No. 44/2020

Version as at

22 June 2020

1Objective

The objective of these Regulations is to prescribe those classes of complaint that are exempt from arbitration under Division 2 of Part 5 of the Magistrates' Court Act 1989.

2Authorising provision

These Regulations are made under section 140 of the Magistrates' Court Act 1989.

3Commencement

These Regulations come into operation on 22 June 2020.

4Revocation

The following Regulations are revoked—

(a)the Magistrates' Court (Arbitration) Regulations 2010[1];

(b)the Magistrates' Court (Arbitration) (Professional Costs) Amendment Regulations 2011[2];

(c)the Magistrates' Court (Arbitration) (Professional Costs) Amendment Regulations 2012[3];

(d)the Magistrates' Court (Arbitration) (Professional Costs) Amendment Regulations 2014[4];

(e)the Magistrates' Court (Arbitration) Amendment Regulations 2014[5].

5Exemption from arbitration

For the purposes of section 102(2)(a) of the Magistrates' Court Act 1989 the following classes of complaint are prescribed—

(a)a complaint by a municipal council or a person authorised by a municipal council for the recovery of any rates;

(b)a complaint of any Authority under the Water Act 1989 to enforce payment of any rates, charges or sums due to the Authority.

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Magistrates' Court (Arbitration) Regulations 2020, S.R. No. 44/2020 were made on 2 June 2020 by the Governor in Council under section 140 of the Magistrates' Court Act 1989, No. 51/1989 and came into operation on 22 June 2020: regulation 3.

The Magistrates' Court (Arbitration) Regulations 2020 will sunset 10 years after the day of making on 2 June 2030 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Magistrates' Court (Arbitration) Regulations 2020 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4   Explanatory details

[1] Reg. 4(a): S.R. No. 43/2010 as amended by S.R. Nos 99/2011, 159/2012, 18/2014 and 102/2014.

[2] Reg. 4(b): S.R. No. 99/2011.

[3] Reg. 4(c): S.R. No. 159/2012.

[4] Reg. 4(d): S.R. No. 18/2014.

[5] Reg. 4(e): S.R. No. 102/2014.