Untitled document

Magistrates' Court General Amendment Regulations 2009

S.R. No. 170/2009

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Principal Regulations

5Issue of some penalty enforcement warrants

6Perin Court, appearance by audio visual link

7Appearance by audio visual link

8Documents

9Offences for which a summons may be served by post

10Last known place of residence or business

11Pre-hearing disclosure

12Witness summonses in criminal proceedings

13Summonses issued by informant

14Enforcement of fines

15Form of warrant

16Form of pre-hearing disclosure notice

17Committal proceedings

18Forms

1301 Prescribed forms—warrants

19Revocation of regulations in Part 13

20Schedule 1—Revocations

21Schedule 3—Prescribed venues of the Court for the purposes
of section 82(2) of the Magistrates' Court Act 1989

22Schedule 5—Forms in criminal proceedings

23Schedule 8—Payment and enforcement of fines

24Schedule 10—Government enforcement agencies

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ENDNOTES

STATUTORY RULES 2009

S.R. No. 170/2009

Magistrates' Court Act 1989

Magistrates' Court General Amendment Regulations 2009

The Governor in Council makes the following Regulations:

Dated: 15 December 2009

Responsible Minister:

ROB HULLS
Attorney-General

TOBY HALLIGAN

Clerk of the Executive Council

1Objectives

The objectives of these Regulations are to—

(a)revoke certain provisions of the Magistrates' Court General Regulations 2000 which are to be made in the Magistrates' Court Criminal Procedure Rules 2009; and

(b)to make consequential amendments to the Magistrates' Court General Regulations 2000 as a result of the Criminal Procedure Act 2009 and the Evidence Act 2008.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 January 2010.

4Principal Regulations

In these Regulations, the Magistrates' Court General Regulations 2000[1] are called the Principal Regulations.

5Issue of some penalty enforcement warrants

Regulation 306 of the Principal Regulations is revoked.

6Perin Court, appearance by audio visual link

For the heading to Part 4 of the Principal Regulations substitute—

"PART 4—VENUES OF THE COURT".

7Appearance by audio visual link

Insert the following heading to regulation 402 of the Principal Regulations—

"Venues of the Court—section 82(2)".

8Documents

Part 5 of the Principal Regulations is revoked.

9Offences for which a summons may be served by post

Regulation 601 of the Principal Regulations is revoked.

10Last known place of residence or business

Regulation 602 of the Principal Regulations is revoked.

11Pre-hearing disclosure

Part 6A of the Principal Regulations is revoked.

12Witness summonses in criminal proceedings

Part 7 of the Principal Regulations is revoked.

13Summonses issued by informant

Part 8 of the Principal Regulations is revoked.

14Enforcement of fines

Part 8A of the Principal Regulations is revoked.

15Form of warrant

Regulation 902 of the Principal Regulations is revoked.

16Form of pre-hearing disclosure notice

Regulation 904 of the Principal Regulations is revoked.

17Committal proceedings

Part 11 of the Principal Regulations is revoked.

18Forms

For regulation 1301 of the Principal Regulations substitute—

"1301   Prescribed forms—warrants

The prescribed forms of warrants are the relevant forms (with any modifications that are necessary) set out in the Magistrates' Court Criminal Procedure Rules as in force from time to time.".

19Revocation of regulations in Part 13

Regulations 1302, 1302A and 1303 of the Principal Regulations are revoked.

20Schedule 1—Revocations

Schedule 1 to the Principal Regulations is revoked.

21Schedule 3—Prescribed venues of the Court for the purposes of section 82(2) of the Magistrates' Court Act 1989

For Schedule 3 to the Principal Regulations substitute—

"SCHEDULE 3

Regulation 402

PRESCRIBED VENUES OF THE COURT FOR THE PURPOSES OF SECTION 82(2) OF THE MAGISTRATES' COURT ACT 1989

Ararat	Heidelberg	Orbost
Bacchus Marsh	Hopetoun	Ouyen
Bairnsdale	Horsham	Portland
Ballarat	Kerang	Preston
Benalla	Korumburra	Ringwood
Bendigo	Kyneton	Robinvale
Broadmeadows	Latrobe Valley	Sale
Castlemaine	Mansfield	Seymour
Cobram	Maryborough	Shepparton
Colac	Melbourne	Stawell
Corryong	Mildura	St Arnaud
Dandenong	Moe	Sunshine
Drug Court (Dandenong)	Moonee Ponds	Swan Hill
Dromana	Moorabbin Justice Centre (Highett)	Wangaratta
Echuca	Morwell Justice Centre	Warrnambool
Edenhope	Myrtleford	Werribee
Frankston	Neighbourhood Justice Centre (Collingwood)	Wodonga
Geelong	Nhill	Wonthaggi
Hamilton	Omeo

__________________".

22Schedule 5—Forms in criminal proceedings

Schedule 5 to the Principal Regulations is revoked.

23Schedule 8—Payment and enforcement of fines

Schedule 8 to the Principal Regulations is revoked.

24Schedule 10—Government enforcement agencies

Schedule 10 to the Principal Regulations is revoked.

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ENDNOTES

[1] Reg. 4: S.R. No. 69/2000.  Reprint No. 3 as at 1 July 2006.  Reprinted to S.R. No. 76/2006 and subsequently amended by S.R. No. 101/2009.