Magistrates' Court General Regulations 2014 (Vic)
Version No. 005
Magistrates' Court General Regulations 2014
S.R. No. 112/2014
Version incorporating amendments as at
30 September 2019
TABLE OF PROVISIONS
Regulation Page
1Objectives
2Authorising provision
3Commencement
4Definition
5Revocation
6Prescribed forms for oath of office for a magistrate and judicial registrar
7Prescribed particulars for warrants
7APrescribed particulars for warrants to arrest—electronic warrants
8Prescribed particulars for warrants to seize property
9Prescribed venues of the Court
10Prescribed areas in which service of civil process is not required
Schedules
Schedule 1
Schedule 1A
Schedule 2—Prescribed venues of the Court for the purposes of section 82(2) of the Magistrates' Court Act 1989
Schedule 3—Areas prescribed to be areas in which police officers are not required to serve process in civil proceedings
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 005
Magistrates' Court General Regulations 2014
S.R. No. 112/2014
Version incorporating amendments as at
30 September 2019
1Objectives
The objectives of these Regulations are to—
(a)revoke the Magistrates' Court General Regulations 2011; and
(b)prescribe oaths and affirmations of office for magistrates; and
(c)prescribe other matters required or necessary to be prescribed to give effect to the Magistrates' Court Act1989.
2Authorising provision
These Regulations are made under section 140 of the Magistrates' Court Act 1989.
3Commencement
These Regulations come into operation on 1 September 2014.
4Definition
In these Regulations—
the Act means the Magistrates' Court Act 1989.
5Revocation
The Magistrates' Court General Regulations 2011[1] are revoked.
* * * * *
6Prescribed forms for oath of office for a magistrate and judicial registrar
(1)For the purposes of section 7(5) of the Act, the prescribed forms for oath of office for a magistrate are set out in Schedule 1.
(2)For the purposes of section 16DB(1) of the Act, the prescribed form of an oath or affirmation of office for a judicial registrar is set out in Schedule 1A.
(3)An oath or affirmation of office for a judicial registrar must be administered by the Chief Magistrate or a Deputy Chief Magistrate.
7Prescribed particulars for warrants
For the purposes of section 57(2) of the Act, the following particulars are prescribed—
(a)type of warrant issued;
(b)date of issue of warrant;
(c)in the case of a warrant to seize property or a warrant to imprison issued for non-payment of a fine—
(i)the sum in respect of which the warrant is issued; and
(ii)the person to whom the warrant is directed for execution;
(d)in the case of a warrant to arrest or a warrant to imprison (other than a warrant referred to in paragraph (c)), the person to whom the warrant is directed for execution.
7APrescribed particulars for warrants to arrest—electronic warrants
For the purposes of section 57(1A) of the Act, the following particulars are prescribed in the case of a warrant to arrest—
(a)name, address (if known) and, to the extent specified by the person issuing the warrant, any other details of the person to be arrested;
(b)the reasons for issuing the warrant, including any relevant charges;
(c)whether the warrant is directed to a named police officer or generally to all police officers;
(d)what powers are granted to the person empowered to execute the warrant;
(e)legislative provision under which the warrant is issued;
(f)if endorsed for bail, the conditions that would be imposed on the granting of bail;
(g)date and location of issue of warrant;
(h)name and office of the person issuing the warrant.
8Prescribed particulars for warrants to seize property
For the purposes of section 73(3AA)(f) of the Act, the following particulars are prescribed—
(a)the direction of the warrant to the sheriff;
(b)the prescribed fee payable on the issue of the warrant.
9Prescribed venues of the Court
For the purposes of section 82(2) of the Act, the venues of the Court set out in Schedule 2 are prescribed.
10Prescribed areas in which service of civil process is not required
The areas set out in Schedule 3 are prescribed to be areas in which police officers are not required to serve process in civil proceedings.
Schedules
Schedule 1
Regulation 6
OATH OF OFFICE OF MAGISTRATE
I, [full name], swear by Almighty God (or the person may name a god recognised by his or her religion) that as a magistrate for Victoria I will at all times and in all things do equal justice to all persons and discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour or affection.
AFFIRMATION OF OFFICE OF MAGISTRATE
I, [full name], solemnly and sincerely declare and affirm that as a magistrate for Victoria I will at all times and in all things do equal justice to all persons and discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour or affection.
Schedule 1A
Regulation 6(2)
OATH OF OFFICE OF JUDICIAL REGISTRAR
I, [Full name], swear by Almighty God (or the person may name a god recognised by his or her religion) that, as a judicial registrar of the Magistrates' Court of Victoria, I will at all times and in all things discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour, affection or ill-will.
AFFIRMATION OF OFFICE OF JUDICIAL REGISTRAR
I, [Full name], solemnly and sincerely declare and affirm that, as a judicial registrar of the Magistrates' Court of Victoria, I will at all times and in all things discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour, affection or ill-will.
Schedule 2—Prescribed venues of the Court for the purposes of section 82(2) of the Magistrates' Court Act 1989
Regulation 9
| Ararat | Heidelberg | Portland |
| Bacchus Marsh | Hopetoun | Preston |
| Bairnsdale | Horsham | Ringwood |
| Ballarat | Kerang | Robinvale |
| Benalla | Korumburra | Sale |
| Bendigo | Kyneton | Seymour |
| Broadmeadows | Latrobe Valley | Shepparton |
| Castlemaine | Mansfield | St Arnaud |
| Cobram | Maryborough | Stawell |
| Colac | Melbourne | Sunshine |
| Corryong | Mildura | Swan Hill |
| Dandenong | Moe | Wangaratta |
| Dromana | Moorabbin Justice Centre (Highett) | Warrnambool |
| Drug Court (Dandenong) | Myrtleford | Werribee |
| Echuca | Neighbourhood Justice Centre (Collingwood) | Wodonga |
| Edenhope | Nhill | Wonthaggi |
| Frankston | Omeo | |
| Geelong | Orbost | |
| Hamilton | Ouyen |
Schedule 3—Areas prescribed to be areas in which police officers are not required to serve process in civil proceedings
Regulation 10
| Alpine Shire Council Ararat Rural City Council Ballarat City Council Banyule City Council Bass Coast Shire Council Baw Baw Shire Council Bayside City Council Benalla Rural City Council Boroondara City Council Borough of Queenscliff Brimbank City Council Buloke Shire Council (except for the area known as the former Shire of Wycheproof) Campaspe Shire Council Cardinia Shire Council Casey City Council Central Goldfields Shire Council Colac Otway Shire Council Corangamite Shire Council Darebin City Council East Gippsland Shire Council (except for the area known as the former Shire of Omeo) Frankston City Council Gannawarra Shire Council Glen Eira City Council Glenelg Shire Council (except for the area known as the former Shire of Heywood) Golden Plains Shire Council Greater Bendigo City Council Greater Dandenong City Council Greater Geelong City Council Greater Shepparton City Council Hepburn Shire Council Hindmarsh Shire Council | Hobsons Bay City Council Horsham Rural City Council (except for the area known as the former Shire of Arapiles) Hume City Council Indigo Shire Council Kingston City Council Knox City Council La Trobe Shire Council Loddon Shire Council Macedon Ranges Shire Council Manningham City Council Mansfield Shire Council Maribyrnong City Council Maroondah City Council Melbourne City Council Melton Shire Council Mildura Rural City Council (except for the area known as the former Shire of Walpeup) Mitchell Shire Council Moira Shire Council Monash City Council Moonee Valley City Council Moorabool Shire Council Moreland City Council Mornington Peninsula Shire Council Mount Alexander Shire Council Moyne Shire Council Murrindindi Shire Council Nillumbik Shire Council Northern Grampians Shire Council Port Phillip City Council Pyrenees Shire Council South Gippsland Shire Council Southern Grampians Shire Council |
| Stonnington City Council | Wellington Shire Council |
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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 General Regulations 2014, S.R. No. 112/2014 were made on 26 August 2014 by the Governor in Council under section 140 of the Magistrates' Court Act 1989, No. 51/1989 and came into operation on 1 September 2014: regulation 3.
The Magistrates' Court General Regulations 2014 will sunset 10 years after the day of making on 26 August 2024 (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
This publication incorporates amendments made to the Magistrates' Court General Regulations 2014 by statutory rules, subordinate instruments and Acts.
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Magistrates' Court General Amendment (Judicial Registrar Oath and Affirmation of Office) Regulations 2014, S.R. No. 158/2014
Date of Making: 14.10.14 Date of Commencement: 10.11.14: reg. 3
Magistrates' Court General Amendment Regulations 2016, S.R. No. 73/2016
Date of Making: 28.6.16 Date of Commencement: 1.7.16: reg. 3
Magistrates' Court General Amendment Regulations 2018, S.R. No. 151/2018
Date of Making: 10.10.18 Date of Commencement: 31.10.18: reg. 3
Magistrates' Court General Amendment Regulations 2019, S.R. No. 87/2019
Date of Making: 24.9.19 Date of Commencement: 30.9.19: reg. 3
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3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
[1] Reg. 5: S.R. No. 55/2011.
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