Untitled document

Magistrates' Court (Amendment) Act 1996

Act No. 70/1996

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Principal Act	2
3.	Commencement	2
4.	Re-issue of warrants	2
5.	Expiry of certain warrants	2
6.	Issue of some warrants to seize property	3
7.	Issue of some penalty enforcement warrants	4
8.	Amendment of section 99	4
9.	Costs of execution	4
10.	Payment of fines	5
11.	Transitional	7
12.	No proceedings may be brought	8
13.	Supreme Court—limitation of jurisdiction	9
14.	Statute law revision	9

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NOTES 10

i

Victoria

No. 70 of 1996

Magistrates' Court (Amendment) Act

1996†

[Assented to 17 December 1996]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to amend the for—

(a) the issue and execution of warrants; and

(b) the enforcement of penalties.

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2. Principal Act

No. 51/1989.

In this Act, the Magistrates' Court Act 1989 is

Reprinted to

called the Principal Act. No. 99/1995.

3. Commencement

(1) Subject to this section, this Act comes into

operation on the day on which it receives the

Royal Assent.

(2) Sections 4, 5(1) and 8 are deemed to have come

into operation on 1 September 1990.

(3) Sections 6, 7, 9, 10, 11 and 12 are deemed to have come into operation on 14 November 1996.

4. Re-issue of warrants

In section 58 of the Principal Act, after sub- section (1) insert—

"(1A) If a warrant has been recalled and cancelled

under sub-section (1), a fresh warrant may be issued for the same purpose as that for which the recalled warrant was issued.".

5. Expiry of certain warrants

(1) In section 58(2) of the Principal Act, for "it was

issued" substitute "a warrant of that type was first issued against the person named in the warrant for the purpose specified in the warrant".

(2) In section 58 of the Principal Act, after sub- section (2) insert—

"(2A) If a warrant referred to in sub-section (2)

becomes null and void under that sub-
section, the fine in respect of which it was
issued, together with any associated fees and
costs, ceases to be enforceable or recoverable
if no part of the fine had been paid before the

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date on which the warrant became null and

void.".

(3) In section 58(3) of the Principal Act, after "(2)"

(where first occurring) insert "or (2A)".

(4) In section 58 of the Principal Act, after sub- section (3) insert—

"(4) Despite sub-section (2), if under sub-section

(3) a fresh warrant is issued, the fine in
respect of which it was issued, together with
any associated fees and costs, again becomes
enforceable or recoverable as if there had
been no cessation.".

(5) Sub-sections (2) and (3) of section 58 of the

Principal Act as in force before 14 November 1996 do not apply, and are deemed never to have applied, to a warrant referred to in those sub- sections if the warrant was executed before that date or the fine in respect of which it was issued, together with all associated costs, were paid before that date.

6. Issue of some warrants to seize property

In section 73 of the Principal Act, after sub- section (3) insert—

"(3A) For the purposes of clause 8 of Schedule 7, a warrant to seize property to be directed to the sheriff may be issued, not in paper form, but by the registrar within the meaning of

Schedule 7 entering in the computer system used by the Court—

(a)	the type of warrant and the prescribed particulars; and
(b)	his or her name and the date of issue of the warrant.

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(3B) A warrant issued in accordance with sub-

section (3A) must not be amended, altered or varied after its issue, unless the amendment, alteration or variation is authorised by or

under this or any other Act.".

7. Issue of some penalty enforcement warrants

In section 82C of the Principal Act, after sub- section (2) insert—

"(2A) A penalty enforcement warrant to be directed

to the sheriff may be issued, not in paper form, but by the registrar entering in the computer system used by the Court—

(a)	the type of warrant and the prescribed particulars; and
(b)	his or her name and the date of issue of the warrant.

(2B) A warrant issued in accordance with sub-

section (2A) must not be amended, altered or varied after its issue, unless the amendment, alteration or variation is authorised by or

under this or any other Act.".

8. Amendment of section 99

In section 99 of the Principal Act, for "a prescribed offence." substitute—

"—

(a)	an offence for which an infringement notice or a penalty notice within the meaning of Schedule 7 could be issued; or
(b)	a prescribed offence within the meaning of that Schedule.".

9. Costs of execution

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In Schedule 7 to the Principal Act, in clause 8, after sub-clause (1) insert—

"(1A) On the issue of a warrant under sub-clause

(1), the prescribed fee is payable by the person or corporation against whom the warrant is issued and may be included in the

sums named in the warrant.".

10. Payment of fines

(1) An arrangement made before 14 November

1996—

(a)	for an extension of time for the payment of a fine referred to in Schedule 7 to the Principal Act; or
(b)	for the payment by instalments of a fine referred to in Schedule 7 to the Principal Act—

with a person authorised to execute a penalty
enforcement warrant or a warrant to seize property
or a warrant to imprison issued under clause 8(1)
of that Schedule is deemed to be an order referred
to in clause 7(1)(a) or (b), as the case may be, of

that Schedule.

(2) An arrangement made before 14 November

1996—

(a)	for allowing time for the payment of a fine referred to in section 62 or 66 of the Sentencing Act 1991; or
(b)	for the payment by instalments of a fine referred to in section 62 or 66 of the Sentencing Act 1991; or

(c) for a variation of—

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(i) the terms of an instalment order referred to in section 62 or 66 of the Sentencing Act 1991; or

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(ii)  an arrangement referred to in paragraph (a) or (b)—

with a person authorised to execute a warrant to
arrest issued under section 62 of that Act or a
warrant to seize property issued under section 66
of that Act is deemed to be an order referred to in
section 55(a), (b) or (c), as the case may be, of that

Act.

11. Transitional

(1) If, before 14 November 1996, a warrant has been recalled under section 58(1) of the Principal Act and a fresh warrant for the same purpose had

purportedly been issued—

(a)	the recalled warrant is deemed to have been cancelled on the date on which the fresh warrant was purportedly issued; and
(b)	the fresh warrant and its execution are deemed to be valid despite any lack of power to issue the fresh warrant.

(2) If, before 14 November 1996, a warrant referred to

in section 58(2) of the Principal Act had been
executed after its expiry under that section, the
warrant and its execution are deemed to be valid
despite that expiry.

(3) If, before 14 November 1996, a warrant referred to in section 58(2) of the Principal Act had expired under that section and after its expiry the amount of the fine in respect of which it was issued or any

part of that amount or any amount for associated
costs were paid, those amounts are deemed to

have been lawfully demanded and recovered.

(4) If, before 14 November 1996, a penalty

enforcement warrant or a warrant to seize property
or a warrant to imprison or a warrant to arrest

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directed to the sheriff was purportedly issued not
in paper form, the warrant is deemed to be valid if
its issue would have been valid had it been issued
in paper form and signed or otherwise
authenticated by the person issuing it.

(5) A penalty enforcement warrant or a warrant to

seize property or a warrant to imprison or a
warrant to arrest which—

(a) was issued under clause 8(1) of Schedule 7 to the Principal Act or under, or in accordance with an order made under, section 62 or 66 of the Sentencing Act 1991 and included an amount for costs of execution or warrant costs; and

(b) was executed before 14 November 1996—

is deemed to have been lawfully executed.

(6) If, before 14 November 1996, a warrant was issued under clause 8(1) of Schedule 7 to the Principal Act or under, or in accordance with an

order made under, section 62 or 66 of the costs of execution or warrant costs, but before execution the amount of the fine and costs were paid, those amounts are deemed to have been lawfully demanded and recovered.

12. 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
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(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 this Act,
is deemed to be valid or lawful or to have been

validly or lawfully done.

13. Supreme Court—limitation of jurisdiction

It is the intention of section 12 to alter or vary section 85 of the Constitution Act 1975.

14. Statute law revision

The Principal Act is amended as follows—

(a)	in the heading to Subdivision 2 of Division 4 of Part 4, for "Full Court" substitute "Court of Appeal";
(b)	in the heading to Part 8, omit "REPEALS, AMENDMENTS,".

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Magistrates' Court (Amendment) Act 1996

Notes

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NOTES

†

Minister's second reading speech—

Legislative Assembly:14 November 1996

Legislative Council: 10 December 1996

The long title for the Bill for this Act was "to amend the Magistrates'

Court Act 1989 and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 14 November 1996

Legislative Council: 10 December 1996

Absolute majorities:

Legislative Assembly: 4 December 1996

Legislative Council: 10 December 1996