Magistrates' Court General (Amendment) Regulations 1998 (Vic)

Magistrates' Court General (Amendment)

Regulations 1998

S.R. No. 68/1998

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provisions	1
3.	Commencement	2
4.	Principal Regulations	2
5.	Substitution of office-holders prescribed as bail justices	2
202. Bail justices	2
6.	New regulation inserted	3
952. Statement in writing	3
7.	New Form 8 inserted	3

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NOTES 5

i

STATUTORY RULES 1998

S.R. No. 68/1998

Magistrates' Court Act 1989

Magistrates' Court General (Amendment)

Regulations 1998

The Governor in Council makes the following Regulations:
Dated: 23 June 1998

Responsible Minister:

JAN WADE

Attorney-General

SHARNE BRYAN

Clerk of the Executive Council

1. Objective

The objective of these Regulations is to amend the prescribe—

(a)	the statement in writing required by section 82F(3) of the Magistrates' Court Act 1989; and
(b)	classifications in the public service for the purposes of section 121 of that Act.

2. Authorising provisions

These Regulations are made under sections
82F(3), 121 and 140 of the Magistrates' Court
Act 1989.

Magistrates' Court General (Amendment) Regulations 1998

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3. Commencement

(1) Regulations 1 to 5 come into operation on 1 July

1998.

(2) Regulations 6 and 7 come into operation on

1 August 1998.

4. Principal Regulations

In these Regulations, the Magistrates' Court
General Regulations 19901 are called the Principal
Regulations.

5.  Substitution of office-holders prescribed as bail justices

For regulation 202 of the Principal Regulations substitute—

"202. Bail justices

A prescribed classification for the purposes of section 121 of the Act is a classification of—

(a) VPS-3, VPS-4 or VPS-5 in the public service in which the employee is required to perform the duties of any one or more of the following—

(i) Prothonotary or deputy
Prothonotary of the Supreme
Court;

(ii)  registrar or deputy registrar of the County Court;

(iii) principal registrar of the Court;

(iv)  registrar or deputy registrar of the Court;

(v)  registrar or deputy registrar of the Children's Court at Melbourne;

Magistrates' Court General (Amendment) Regulations 1998

S.R. No. 68/1998 r. 6

(b)	VPS-2, VPS-3, VPS-4 or VPS-5 in the public service in which the employee is required to perform the duties of
associate to a judge of the Supreme Court or the County Court.".

6. New regulation inserted

After regulation 951 of the Principal Regulations insert—

"952. Statement in writing

A statement in writing required by section
82F(3) of the Act must be in Form 8 of

Schedule 5.".

7. New Form 8 inserted

After Form 7 of Schedule 5 to the Principal

Regulations insert—

"FORM 8

Regulation 952

STATEMENT SETTING OUT THE EFFECT OF

GIVING CONSENT TO THE SEIZURE OR TAKING OF PERSONAL PROPERTY USED PRIMARILY AS A MEANS OF TRANSPORT

1.

Penalty enforcement warrant(s) nos fine(s).

2. Section 42 of the Supreme Court Act 1986 prohibits the seizure or taking of personal property under the warrant(s) if the property is used primarily as a means of transport (eg. motor vehicle or motor cycle) and if it is worth less than the prescribed limit under the Bankruptcy Act 1966 of the Commonwealth.

3.

However, if you are unable to pay the amount outstanding taking of personal property you use primarily as a means

Magistrates' Court General (Amendment) Regulations 1998

r. 7 S.R. No. 68/1998

of transport despite it being worth less than the
prescribed limit under the Bankruptcy Act.

4.   If you consent to the seizure or taking of such property, it will be advertised and sold at public auction and the proceeds of sale applied to the penalty enforcement warrant(s) and any lawful costs of execution of the penalty enforcement warrant(s).

5.  If the proceeds of sale are insufficient to discharge the warrant(s), a further demand for payment may be made upon you, and if you do not pay, or do not provide

additional personal property to satisfy the debt, you may
be imprisoned.

6.

If the proceeds of sale exceed the amount(s) in the execution, then the remaining amount will be paid to you.

7.   If you decide to consent to the seizure or taking of personal property you use primarily as a means of transport, a sheriff's officer will ask you to sign a consent

in accordance with section 82F(2) of the Magistrates'
Court Act 1989.".

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Magistrates' Court General (Amendment) Regulations 1998

S.R. No. 68/1998 Notes

NOTES

1 Reg. 4: S.R. No. 170/1990. Reprinted to S.R. No. 35/1997.