Magistrates' Court Authentication and Electronic Transmission Rules 2011 (Vic)

Version No. 003

Magistrates' Court Authentication and Electronic Transmission Rules 2011

S.R. No. 58/2011

Version incorporating amendments as at

17 November 2020

TABLE OF PROVISIONS

Rule  Page

1Object

2Authorising provisions

3Commencement

4Definitions

5Authentication of orders

6Issue and authentication of process

7Authentication of warrants

8Filing of documents

9Powers of registrar

10Application of Rules 8 and 9

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 003

Magistrates' Court Authentication and Electronic Transmission Rules 2011

S.R. No. 58/2011

Version incorporating amendments as at

17 November 2020

The Chief Magistrate together with 2 Deputy Chief Magistrates jointly make the following Rules:

1Object

The object of these Rules is to provide for the following in the Magistrates' Court—

(a)the authentication of orders;

(b)the issue and authentication of process;

(c)the authentication of warrants in proceedings;

(d)the filing of documents by electronic communication.

2Authorising provisions

These Rules are made under—

(a)section 209 of the Family Violence Protection Act 2008; and

(b)section 16 of the Magistrates' Court Act 1989; and

(c)section 183 of the Personal Safety Intervention Orders Act 2010—

and all other enabling powers under those Acts.

3Commencement

These Rules come into operation on 10 July 2011.

4Definitions

(1)In these Rules—

*                *                *                *                *

the Act means the Magistrates' Court Act 1989.

(2)On and from the commencement of Rule 5 of the Magistrates' Court Authentication Amendment Rules 2020, a reference to the Magistrates' Court Authentication Rules 2011 in any Act or in any other instrument made under any Act or in any other document of any kind (other than in the Magistrates' Court Authentication Amendment Rules 2020), must be read and construed as a reference to the Magistrates' Court Authentication and Electronic Transmission Rules 2011.

5Authentication of orders

For the purposes of section 18(2) of the Act, an order may be authenticated—

(a)if the order is entered in writing in the register, by the person who constituted the Court signing the entry; or

(b)if the order is entered into a computerised data storage and retrieval system, by the person who constituted the Court entering confirmation of the order into the system.

Note

The means by which the person who constituted the Court confirms the order may include the use of an electronic signature.

6Issue and authentication of process

(1)Process may be issued or authenticated by the person issuing or authenticating the process—

(a)signing the process; or

(ab)signing the process issued or authenticated electronically by electronic signature; or

(b)by sealing the process by electronic seal.

*                *                *                *                *

7Authentication of warrants

For the purposes of section 57(9) of the Act, the execution copy of a warrant produced by a computer data storage and retrieval system may be authenticated by the person who issued the warrant including on that copy—

(a)his or her name; and

(b)the date of issue of the warrant.

8Filing of documents

(1)Subject to paragraph (2) and Rule 10, a document may be submitted for filing in the Court by electronic communication in accordance with any practice direction, statement or note issued by the Chief Magistrate under section 16A of the Act.

(2)In a proceeding the Court may order or direct that any or all documents in the proceeding be filed in any manner that the Court considers appropriate.

9Powers of registrar

(1)A registrar may refuse to accept a document submitted for filing under Rule 8 until satisfied that the document complies with these Rules, or any other Rule or Act or any practice direction, statement or note issued by the Chief Magistrate under section 16A of the Act.

(2)If a registrar refuses to accept a document submitted for filing under Rule 8, the registrar must advise the person who submitted the document—

(a)that the document has not been accepted for filing; and

(b)of the reason it was not accepted for filing.

(3)If a registrar refuses to accept a document submitted for filing under Rule 8, the Court may—

(a)direct the registrar to accept the document with a filing date, being the time and date that the document was first submitted for filing; or

(b)make any other order or give any direction that it considers appropriate.

10Application of Rules 8 and 9

Rules 8 and 9—

(a)do not apply if transmission of a document by electronic communication is prohibited by any Act, regulation, rule or rule of law; and

(b)do not limit any Act, regulation, rule, rule of law or practice direction, statement or note issued by the Chief Magistrate under section 16A of the Act that permits a document to be filed with, or transmitted to, the Court by electronic communication.

Dated:   7 July 2011

IAN L. GRAY,

Chief Magistrate

LANCE MARTIN,

Deputy Chief Magistrate

DANIEL J. MULING,

Deputy Chief Magistrate

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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 Authentication Rules 2011, S.R. No. 58/2011 were made on 7 July 2011 by the Chief Magistrate together with 2 Deputy Chief Magistrates jointly under section 209 of the Family Violence Protection Act 2008, No. 52/2008, section 16 of the Magistrates' Court Act 1989, No. 51/1989 and section 53 of the Stalking Intervention Orders Act 2008, No. 68/2008 and came into operation on 10 July 2011: regulation 3.

The Magistrates' Court Authentication Rules 2011 will sunset 10 years after the day of making on 7 July 2021 (see section 5 of the Subordinate Legislation Act 1994).

The title of these Rules was changed from the Magistrates' Court Authentication Rules 2011 to the Magistrates' Court Authentication and Electronic Transmission Rules 2011 by rule 5(1) of the Magistrates' Court Authentication Amendment Rules 2020, S.R. No. 124/2020.

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

This publication incorporates amendments made to the Magistrates' Court Authentication and Electronic Transmission Rules 2011 by statutory rules, subordinate instruments and Acts.

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Magistrates' Court Authentication Amendment Rules 2019, S.R. No. 82/2019

Date of Making:	12.9.19
Date of Commencement:	23.9.19: rule 3

Magistrates' Court Authentication Amendment Rules 2020, S.R. No. 124/2020

Date of Making:	11.11.20
Date of Commencement:	17.11.20: rule 3

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3   Amendments Not in Operation

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

4   Explanatory details

No entries at date of publication.