Untitled document

Magistrates' Court General (Miscellaneous

Amendments) Regulations 2003

S.R. No. 9/2003

TABLE OF PROVISIONS

Regulation Page

1.	Objectives	1
2.	Authorising provision	1
3.	Commencement	1
4.	Principal Regulations	2
5.	Enforcement of fines against a natural person	2
6.	Forms	2

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ENDNOTES 5

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STATUTORY RULES 2003

S.R. No. 9/2003

Magistrates' Court Act 1989

Magistrates' Court General (Miscellaneous

Amendments) Regulations 2003

The Governor in Council makes the following Regulations:
Dated: 29 January 2003

Responsible Minister:

ROB HULLS

Attorney-General

HELEN DOYE

Clerk of the Executive Council

1. Objectives

The objectives of these Regulations are to amend the Magistrates' Court General Regulations 2000 to—

(a) amend certain references to forms; and

(b) amend a form and substitute a new form relating to the enforcement of fines.

2. Authorising provision

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

3. Commencement

These Regulations come into operation on
1 February 2003.

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4. Principal Regulations

In these Regulations, the Magistrates' Court
General Regulations 20001 are called the Principal

Regulations.

5. Enforcement of fines against a natural person

(1) In regulation 855(1) of the Principal Regulations for "Form 4" substitute "Form 5".

(2) In regulation 855(2) of the Principal Regulations for "Form 5" substitute "Form 4".

6. Forms

(1) In Schedule 6 to the Principal Regulations, in

Form 2, after paragraph (j) insert—

"(k)	if the infringement notice was issued in respect of an offence against section 73(1) of the Melbourne City Link Act 1995, the person was at the time of the
alleged offence—

(i)  the owner of the vehicle within the meaning of Part 4 of that Act; or

(ii)  the driver of the vehicle as shown in a statement or declaration supplied in accordance with section 87(3)(a) of that Act.".

(2) In Schedule 8 to the Principal Regulations, for

Form 4 substitute—

"FORM 4

Regulation 855(2)

NOTICE ABOUT THE PROCEDURE FOR

ENFORCEMENT OF FINES

A warrant to arrest has been issued to the sheriff for non- payment of the fine(s) imposed against you in the Magistrates' Court. A summary of the fine(s) and the total amount still outstanding is attached.

You may obtain further details of the penalties from any venue of the Magistrates' Court. To do so, you must supply the Court reference which is also on the attached summary.

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YOU HAVE 7 DAYS FROM THE DATE ON WHICH THIS DEMAND IS MADE IN WHICH TO PAY THE AMOUNT OUTSTANDING, OR TO OBTAIN AN

INSTALMENT ORDER OR TIME TO PAY ORDER, OR
TO CONSENT TO THE MAKING OF A ∗COMMUNITY-

BASED ORDER

Payment must be made to the sheriff, (insert address)

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IF YOU CANNOT PAY

You may apply to the registrar at any venue of the Magistrates' Court for an order that the fine be paid by instalments, or an order that you be allowed time to pay the fine.

If you do not pay the fine and do not make an application to a registrar you may consent to the Court making a

∗community-based order requiring you to perform unpaid

community work instead of paying the fine. You may be
required to perform one hour of unpaid work for each $20 or
part of $20 of each fine outstanding. A minimum of 8 hours
work under the direction of the Office of Corrections must
be performed, irrespective of the amount outstanding, up to
a maximum of 500 hours.

You can obtain a consent form from the person making this demand.

∗Section 62(13) of the Sentencing Act 1991 provides that a
person may not consent to the making of a community-
based order if the fine was imposed in respect of an offence
heard and determined by the Court as a result of the
revocation of an enforcement order within the meaning of,
or the making of an application under clause 10(6) of,

Schedule 7 to the Magistrates' Court Act 1989.

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IF YOU DO NOT PAY OR TAKE ANY ACTION

If you do not take any action, you will be arrested and brought before the Court. If the Court is satisfied that you have defaulted in payment for more than one month, it may—

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•	make a community-based order requiring you to perform unpaid community work under the direction of a regional manager for one hour for each $20 or part of $20 then remaining unpaid with a minimum of 8 and a maximum of 500 hours. You may also be ordered to pay additional costs.
•	order that you be imprisoned for one day for each $100 or part of $100 then remaining unpaid with a maximum of 24 months, and may order you to pay additional
costs.
•	order that the amount of the fine then unpaid be levied under a warrant to seize property.
•	vary any existing order for payment of the fine by instalments.
•	adjourn the hearing or further hearing of the matter for up to 6 months on any terms that the Court thinks fit.".

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Magistrates' Court General (Miscellaneous Amendments)
Regulations 2003

Endnotes	S.	R. No. 9/2003
ENDNOTES

1 Reg. 4: S.R. No. 69/2000. Reprint No. 1 as at 1 November 2002.

Reprinted to S.R. No. 105/2002.