Australian (kangaroo) courts are not real courts as they take away the ability for a defendant or prosecutor to challenge any legislation and then removing the right to a jury which brings the operators of this institution into the realm of a Star Chamber, then linking section 100(2) of the Magistrates Court Act 1989 which reinforces the arbitrary condition of the Justice System which is a Roman Vatican realm.
As mentioned in the above paragraph, Australian courts, contrary to 'law' are factually 'star chambers'.
The courts are actually places of business, trading and commerce.
The information below is available in (45page 180KB) pdf format document from the Austlii source:
https://drive.google.com/file/d/0B21_coIgIYu2U2ZrcGlVbVFVVzA/view?usp=sharing
PS. Don't forget Austlii removes certain information pertaining to cases or even entire cases.
See:
MAGISTRATES' COURT ACT 1989 - SCHEDULE 8
SCHEDULE 8
SAVINGS AND TRANSITIONALS
1 (1) The Magistrates' Court shall be deemed to be the same Court as
the several Magistrates' Courts existing immediately before the commencement
of Part 2 and no action, matter or thing shall be abated or affected by the
change in the establishment or name of the Court. (2) Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a Magistrates' Court or to Magistrates' Courts is to be taken to refer to the Magistrates' Court.
(3) Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a Magistrates' Court held at a particular place is to be taken to refer to the Magistrates' Court sitting at that place or, if the Magistrates' Court does not sit at that place, to the Court sitting at the place that is nearest to that place.
2 (1) Each person who holds office as a magistrate immediately before the commencement of Part 2 holds office as a magistrate under and subject to this Act on and from that commencement without any further appointment.
(2) Each person who holds office as Chief Magistrate or Deputy Chief Magistrate immediately before the commencement of Part 2 holds office as Chief Magistrate or Deputy Chief Magistrate (as the case requires) under and subject to this Act on and from that commencement without any further appointment.
(3) Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a police magistrate or to a stipendiary magistrate is to be taken to refer to a magistrate.
3 (1) Each person who holds office as a clerk of a Magistrates' Court immediately before the commencement of Part 3 holds office as a registrar of the Court under and subject to this Act and the Public Service Act 1974 on and from that commencement without any further appointment.
(2) Each person who holds office as a deputy clerk of a Magistrates' Court immediately before the commencement of Part 3 holds office as a deputy registrar of the Court under and subject to this Act and the Public Service Act 1974 on and from that commencement without any further appointment.
(3) Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a clerk of a Magistrates' Court is to be taken to refer to a registrar of the Court.
(4) Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a deputy clerk of a Magistrates' Court is to be taken to refer to a deputy registrar of the Court.
Sch. 8 cl. 4 amended by No. 69/2009 s. 54(Sch. Pt 1 item 34.11).
4 Unless the context otherwise requires, any reference in any Act (other than this Act, the Evidence Act 2008 or the Evidence (Miscellaneous Provisions) Act 1958 ) or in any subordinate instrument to a justice of the peace is to be taken to refer to a magistrate.
5 If by any Act (other than this Act) or by any subordinate instrument a procedure is prescribed for or in relation to any proceeding in the Court or for or in relation to any step or process in such a proceeding and there is prescribed by this Act or the Rules a procedure that is applicable to such a proceeding or step or process, the procedure prescribed by this Act or the Rules applies despite the provisions of that Act or subordinate instrument.
6 A civil proceeding in the Court must, despite anything in any Act or subordinate instrument, be commenced and conducted in accordance with the Rules and not otherwise.
7 A criminal proceeding in the Court must, despite anything in any Act or subordinate instrument, be commenced and conducted in accordance with this Act and not otherwise.
8 An order made by the Court in a civil proceeding (other than an order made under the Imprisonment of Fraudulent Debtors Act 1958 or the Judgment Debt Recovery Act 1984 ) must be enforced in accordance with this Act and the Rules and not otherwise.
9 If by or under any Act other than this Act any jurisdiction, power or authority is vested in a magistrate—
(a) that jurisdiction, power or authority may be exercised in accordance with this Act and the Rules by the Court in all respects as that magistrate might have done; and
(b) the Court constituted in accordance with this Act and the Rules has jurisdiction, power or authority co-ordinate with the jurisdiction, power or authority of the magistrate.
10 If by or under any Act other than this Act any jurisdiction, power or authority is vested in a Magistrates' Court or in any magistrate or justice of the peace by the use of the words "a Magistrates' Court", "a Magistrates' Court constituted by a magistrate", "a magistrate proceeding in chambers", "a magistrate" or "a justice" or by any words referring to a Magistrates' Court or to any magistrate or justice of the peace, that jurisdiction, power or authority may be exercised by the Court in accordance with this Act and the Rules.
11 Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a process, summons, warrant or other thing specified in column 1 of the Table is to be taken to refer to the process, summons, warrant or other thing specified opposite it in column 2 of the Table.
TABLE
| Column 1 | Column 2 |
| Information | Charge |
| Preliminary examination | Committal proceeding |
| Warrant to apprehend | Warrant to arrest |
| Warrant to search | Search warrant |
| Warrant of distress | Warrant to seize property |
| Warrant of commitment | Warrant to imprison, warrant to detain in a youth training centre or remand warrant, whichever is appropriate |
(a) any action or matter pending in a Magistrates' Court immediately before the commencement of Part 2 unless at that commencement—
(i) the hearing of that action or matter had not commenced; or
(ii) no evidence had been given on the hearing of that action or matter; and
(b) any re-hearing or review of, or appeal from, any action or matter—
(i) that was concluded before the commencement of Part 2; or
(ii) to which, by virtue of paragraph (a), the Magistrates' Courts Act 1971 and the Magistrates (Summary Proceedings) Act 1975 continue to apply; and
(c) the enforcement of any order made in any action or matter referred to in paragraph (b).
(2) Part VIIA of the Magistrates (Summary Proceedings) Act 1975 continues, despite its repeal, to apply to enforcement orders made under that Part before the commencement of section 99 of this Act.
(3) Section 168 of the Magistrates (Summary Proceedings) Act 1975 continues, despite its repeal, to apply in relation to a proceeding for an offence if, at the commencement of section 130, the hearing of that proceeding had commenced.
(4) Subclause (1) applies except as otherwise expressly provided by the Rules with respect to civil proceedings.
13 All fines imposed before the commencement of section 97 and not recovered before that commencement may be recovered in all respects as if this Act had not been passed.
Sch. 8 cl. 14 inserted by No. 49/1990 s. 3, repealed by No. 10/1999 s. 8(4).
* * * * *
Sch. 8 cl. 15 inserted by No. 23/1991 s. 10, repealed by No. 10/1999 s. 8(4).
* * * * *
Sch. 8 cl. 16 inserted by No. 44/1997 s. 31.
16 The amendment of section 58(1)(b) made by section 29 of the Law and Justice Legislation Amendment Act 1997 applies to warrants issued before as well as after the commencement of section 29 of that Act.
Sch. 8 cl. 17 inserted by No. 44/1997 s. 31.
17 The amendment of Schedule 7 made by section 30(2) of the Law and Justice Legislation Amendment Act 1997 applies to warrants issued before as well as after the commencement of section 30(2) of that Act.
Sch. 8 cl. 18 inserted by No. 81/1997 s. 13, repealed by No. 10/1999 s. 8(4).
* * * * *
Sch. 8 cl. 19 inserted by No. 10/1999 s. 24(3).
19 The amendments of section 126 of this Act made by section 24(1) and (2) of the Magistrates' Court (Amendment) Act 1999 apply to proceedings, whether commenced before or after the commencement of that section of that Act.
Sch. 8 cl. 20 inserted by No. 10/1999 s. 7.
20 (1) Schedule 5, as substituted by section 4 of the Magistrates' Court (Amendment) Act 1999 applies only with respect to the hearing of charges filed after the commencement of that section.
(2) Schedule 5, as in force immediately before the commencement of section 4 of the Magistrates' Court (Amendment) Act 1999 , continues to apply, despite its repeal, with respect to the hearing of charges filed before that commencement.
(3) Any amendment of this Act made by a provision of Part 2 of the Magistrates' Court (Amendment) Act 1999 does not alter the nature of a committal proceeding from that existing immediately before the commencement of that provision.
Sch. 8 cl. 21 inserted by No. 10/1999 s. 16.
21 (1) The amendments of this Act made by sections 9, 13 and 14 of the Magistrates' Court (Amendment) Act 1999 apply only with respect to appeals to the County Court where notice of appeal is given on or after 1 July 1999.
(2) The repeal of section 87 effected by section 10 of the Magistrates' Court (Amendment) Act 1999 does not affect an appeal to the County Court where the notice of appeal was given before 1 July 1999.
(3) Section 88AA, as inserted by section 11 of the Magistrates' Court (Amendment) Act 1999 , applies only with respect to appeals to the County Court where notice of appeal is given on or after 1 July 1999.
Sch. 8 cl. 22 inserted by No. 92/2000 s. 10.
22 (1) The amendments of sections 34 and 35 of this Act made by section 4 of the Magistrates' Court (Committal Proceedings) Act 2000 apply only with respect to summonses issued on or after the commencement of that section of that Act.
(2) The amendments of section 56A of this Act made by section 6 of the Magistrates' Court (Committal Proceedings) Act 2000 apply only with respect to applications made under section 56A(1), and to proceedings held under orders made on such applications, on or after the commencement of that section of that Act.
(3) Subject to subclauses (4) to (8), an amendment of Schedule 5 to this Act made by a provision of Part 2 of the Magistrates' Court (Committal Proceedings) Act 2000 applies only with respect to the hearing of charges filed in the Court on or after the commencement of that provision.
(4) If a defendant has given a notice under clause 12(1)(a) of Schedule 5 to this Act before the commencement of section 7(9) of the Magistrates' Court (Committal Proceedings) Act 2000 but an application for leave to cross-examine the witness has not been made before that commencement, the notice has effect on and after that commencement as if it were a notice given in accordance with that clause as amended by that Act and the application for leave shall be made and determined in accordance with Schedule 5 to this Act as amended by that Act.
(5) If an application for leave to cross-examine a witness at a committal proceeding has been refused before the commencement of section 7(9) of the Magistrates' Court (Committal Proceedings) Act 2000 but the committal proceeding has not been held before that commencement, the Court may, on the application of the defendant, grant leave to the defendant to give a fresh notice under clause 12(1)(a) of Schedule 5 to this Act as amended by that Act if satisfied that it is in the interests of justice to do so.
(6) Subject to subclause (5), a notice that the defendant intends to seek leave to cross-examine a witness at a committal proceeding may be given, and an application for leave to cross-examine a witness at a committal proceeding may be made, on or after the commencement of section 7(9) of the Magistrates' Court (Committal Proceedings) Act 2000 in accordance with Schedule 5 to this Act as amended by that Act, irrespective of when the charge to which the proceeding relates was filed in the Court.
(7) If leave to cross-examine a witness to whom clause 13 of Schedule 5 to this Act applies has been granted before the commencement of section 8 of the Magistrates' Court (Committal Proceedings) Act 2000 but the cross-examination has not commenced before that commencement, the amendment of that Schedule made by that section applies with respect to the cross-examination.
(8) Clause 24A of Schedule 5 to this Act, as inserted by section 9 of the Magistrates' Court (Committal Proceedings) Act 2000 applies irrespective of when the defendant was committed for trial.
Sch. 8 cl. 23 inserted by No. 99/2000 s. 14 (as amended by No. 12/2001 s. 11).
23 Any amendment of this Act made by the Magistrates' Court (Infringements) Act 2000 applies to infringement notices, enforcement orders, warrants and custodial community permits issued before as well as after the commencement of that Act.
Sch. 8 cl. 24 inserted by No. 99/2000 s. 14 (as amended by No. 12/2001 s. 11).
24 If the operation of clause 23 would result in an enforcement order expiring before the date section 11 of the Magistrates' Court (Infringements) Act 2000 came into operation, the order expires on that date.
Sch. 8 cl. 25 inserted by No. 99/2000 s. 14 (as amended by No. 12/2001 s. 11).
25 Despite clauses 23 and 24, if an application to have an application for the revocation of an enforcement order referred to the Court under clause 10(6) of Schedule 7 was pending immediately before section 11 of the Magistrates' Court (Infringements) Act 2000 came into operation, the order remains in force until the registrar refuses the application for referral or, if the referral is made, until the Court revokes or refuses to revoke the order.
Sch. 8 cl. 25 inserted by No. 61/2001 s. 12(2),
re-numbered as Sch. 8 cl. 26 by No. 35/2002 s. 24(a).
26 The amendment of item 49 in Schedule 4 to this Act made by the Drugs, Poisons and Controlled Substances (Amendment) Act 2001 applies to offences alleged to have been committed before as well as after the commencement of that Act.
Sch. 8 cl. 27 inserted by No. 35/2002 s. 24(b).
27 (1) The amendments made to this Act by sections 12, 13, 14, 15, 19 and 20 of the Criminal Justice Legislation (Miscellaneous Amendments) Act 2002 apply to a criminal proceeding commenced on or after the commencement of that Act.
(2) Section 128A as inserted by section 17 of the Criminal Justice Legislation (Miscellaneous Amendments) Act 2002 applies to a criminal proceeding for an offence, whether commenced before or after the commencement of section 17 of that Act.
Sch. 8 cl. 28 inserted by No. 27/2002 s. 9.
28 The amendments of this Act made by section 6 of the Magistrates' Court (Koori Court) Act 2002 apply with respect to a proceeding for an offence, irrespective of when the offence was committed or the proceeding commenced.
Sch. 8 cl. 29 inserted by No. 39/2003 s. 10.
29 The amendments made to this Act by section 6 of the Courts Legislation (Amendment) Act 2003 apply with respect to a proceeding for an offence, whether the offence is alleged to have been committed before or after the commencement of that section.
Sch. 8 cl. 30 inserted by No. 31/2004 s. 8.
30 A person is eligible for appointment as a magistrate under section 7 if the person was, immediately before the commencement of section 4(2) of the Courts Legislation (Judicial Appointments) Act 2004 , eligible for appointment under section 7(3)(b) as then in force.
Sch. 8 cl. 31 inserted by No. 68/2004 s. 5.
31 The amendments made to this Act by sections 3 and 4 of the Magistrates' Court (Increased Civil Jurisdiction) Act 2004 apply only with respect to proceedings commenced on or after the commencement of that Act.
Sch. 8 cl. 31A inserted by No. 15/2005 s. 12.
31A The amendment made to this Act by section 11 of the Sentencing (Further Amendment) Act 2005 applies to a proceeding for an offence commenced on or after the commencement of that section, regardless of when the offence is alleged to have been committed.
Sch. 8 cl. 32 inserted by No. 3/2005 s. 13.
32 The substitution of section 9 of this Act made by section 11 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 does not affect an appointment made under section 9 as in force immediately before the commencement of section 11 of that Act and a magistrate who has been so appointed and who holds the office of acting magistrate immediately before that commencement continues in that office subject to section 9 as if section 9 had not been substituted.
Sch. 8 cl. 33 inserted by No. 3/2005 s. 13.
33 The substitution of clause 11 in Part 2 of Schedule 1 to this Act made by section 12 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 does not affect the remuneration of an acting magistrate applicable immediately before the commencement of section 12 of that Act and an acting magistrate who receives remuneration under clause 11 immediately before that commencement continues to receive remuneration during the period of his or her appointment as if clause 11 had not been substituted.
Sch. 8 cl. 34 inserted by No. 19/2005 s. 10.
34 (1) Subject to subclauses (2) and (3), the amendments of section 140 of this Act made by section 8 of the Magistrates' Court (Judicial Registrars and Court Rules) Act 2005 do not affect the operation of any regulations made under that section of this Act.
(2) If, but for subclause (1), a provision of the regulations made under section 140 would cease to have effect because of the repeal of the power conferred by that section to make the provision, the provision continues in operation until it is revoked or the first anniversary of the commencement of section 8 of the Magistrates' Court (Judicial Registrars and Court Rules) Act 2005 (whichever first occurs).
(3) A provision of the regulations made under section 140 is of no force or effect to the extent that it deals with a matter dealt with by a rule made under section 16(1A).
(4) Despite the amendments of section 140 of this Act made by section 8 of the Magistrates' Court (Judicial Registrars and Court Rules) Act 2005 and without limiting any other power to make regulations conferred by this Act, the Governor in Council may, until the first anniversary of the commencement of section 8 of the Magistrates' Court (Judicial Registrars and Court Rules) Act 2005 , make regulations under that section revoking any provision of the regulations made under a power conferred by that section that is repealed by those amendments.
Sch. 8 cl. 35 inserted by No. 87/2005 s. 33.
35 Savings provisions—instalment arrangements and payment plans
(1) Despite the amendment of Schedule 7 by section 28 of the Investigative, Enforcement and Police Powers Acts (Amendment) Act 2005 —
(a) any instalment arrangement of a kind referred to in clause 3(2A) of Schedule 7 in force immediately before the commencement of section 28 of that Act continues to have effect and may be enforced in accordance with Schedule 7 as in force immediately before that commencement as if those amendments had not been made; and
(b) any certificate under clause 4(2) of Schedule 7 provided to a registrar under clause 4(1) of that Schedule which certifies as to a matter referred to in clause 4(2)(da) as in force immediately before the commencement of section 28 of that Act—
(i) continues to have effect as if those amendments had not been made; and
(ii) is a valid certificate for the purposes of enforcement under Schedule 7 of the infringement penalty and any prescribed costs to which that certificate relates; and
(c) clause 3A of Schedule 7 as in force immediately before the commencement of section 28 of that Act continues to have effect in respect of any instalment arrangement to which that clause applied immediately before that commencement as if clause 3A had not been amended by that Act.
(2) Nothing in this clause prevents an instalment arrangement of a kind referred to in clause 3(2A) of Schedule 7 in force immediately before the commencement of section 28 of the Investigative, Enforcement and Police Powers Acts (Amendment) Act 2005 being cancelled or revoked and a payment plan under Part 5 of Schedule 7 being offered and accepted in respect of any infringement penalty and prescribed costs to which that instalment arrangement applied.
Sch. 8 cl. 35A inserted by No. 2/2006 s. 41A (as amended by No. 76/2006 s. 13).
35A An amendment made to this Act by a provision of section 40 or 41 of the Crimes (Sexual Offences) Act 2006 applies only to a criminal proceeding commenced on or after the commencement of that provision.
Sch. 8 cl. 36 inserted by No. 32/2006 s. 89.
36 Validation of service of certain documents under Schedule 7
(1) Despite anything to the contrary in section 49(1) of the Interpretation of Legislation Act 1984 , if under or for the purposes of Part 2 of Schedule 7 to this Act as in force immediately before its repeal by section 176(2) of the Infringements Act 2006 , any document had been served on a person by post to an authorised address and that document had been returned undelivered to its sender, that document—
(a) must be taken to have been validly served on the day that is 14 days after the date specified in the document as the date of that document, despite it being returned to its sender as undelivered; and
(b) any enforcement action taken under that Schedule must be taken to be a valid action under that Schedule.
(2) For the purposes of this section, "authorised address" means—
(a) an address recorded in relation to a person in a register kept by a public statutory body (including, in relation to a director, alternate director or secretary of a company within the meaning of the Corporations Act, the Australian Securities and Investments Commission) if by law that person or another person is required to notify that public statutory body of any change in that address;
(b) in relation to any document in respect of a transport infringement within the meaning of the Transport Act 1983 or a ticket infringement within the meaning of that Act, an address provided by a person to an authorised officer or police member under section 218B of that Act after that officer or that member has requested the person to state his or her name and address because the officer or member believes on reasonable grounds that the person has committed a transport infringement or a ticket infringement, as the case requires.
Sch. 8 cl. 37 inserted by No. 50/2006 s. 35.
37 (1) The amendments made to this Act by sections 15, 19, 20, 22, 25 to 28 and 31 to 34 of the Courts Legislation (Jurisdiction) Act 2006 apply with respect to a proceeding for an offence, irrespective of when the offence is alleged to have been committed or when the proceeding commenced.
(2) An amendment made to this Act by a provision of section 16, 17, 18, 21(1), 23, 24, 29 or 30 of the Courts Legislation (Jurisdiction) Act 2006 apply only with respect to proceedings commenced on or after the commencement of that provision.
(3) The amendment made to this Act by section 21(2) of the Courts Legislation (Jurisdiction) Act 2006 applies only to the sentencing of a person for an offence on or after the commencement of that section, irrespective of when the offence was committed or the finding of guilt was made.
Sch. 8 cl. 38 inserted by No. 36/2007 s. 7.
38 A notice by the Minister published in the Government Gazette under section 4B or 4C of this Act before the commencement of section 4 of the Magistrates' Court and Coroners Acts Amendment Act 2007 and in force immediately before that commencement is not affected by the substitution for those sections of a new section 4B effected by that section 4 and the notice continues to have effect as if it were a notice published under the new section 4B(1)(b).
Sch. 8 cl. 39 inserted by No. 8/2008 s. 20.
39 Section 50A as inserted by section 5 of the Criminal Procedure Legislation Amendment Act 2008 applies with respect to a proceeding for an offence, irrespective of when the offence was committed or the proceeding commenced.
Sch. 8 cl. 40 inserted by No. 8/2008 s. 20.
40 Clause 3A of Schedule 2 as inserted by section 15 of the Criminal Procedure Legislation Amendment Act 2008 applies to a contest mention hearing conducted on or after the commencement of section 15 of that Act.
Sch. 8 cl. 41 inserted by No. 8/2008 s. 20.
41 The amendment of this Act by section 16 of the Criminal Procedure Legislation Amendment Act 2008 applies with respect to a defendant committed for trial on or after the commencement of section 16 of that Act.
Sch. 8 cl. 42 inserted by No. 69/2009 s. 54(Sch. Pt 1 item 34.12).
42 This Act, as in force immediately before the commencement of the Statute Law Amendment (Evidence Consequential Provisions) Act 2009 , continues to apply to a hearing that commenced before the day that Act commenced and that—
(a) continued on or after that day; or
(b) was adjourned until that day or a day after that day.
Sch. 8 cl. 43 inserted by No. 68/2009 s. 97(Sch. item 82.59).
43 The amendment of this Act by section 426 of the Criminal Procedure Act 2009 applies to a committal proceeding if the relevant criminal proceeding commenced on or after the commencement of section 426 of that Act.
Sch. 8 cl. 44 inserted by No. 68/2009 s. 97(Sch. item 82.59).
44 (1) Section 118 as amended by section 435(1) of the Criminal Procedure Act 2009 applies to an offence alleged to have been committed on or after the commencement of section 435(1) of that Act.
(2) For the purposes of subclause (1), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 435(1) of the Criminal Procedure Act 2009 , the offence is alleged to have been committed before that commencement.
Sch. 8 cl. 45 inserted by No. 12/2010 s. 7.
45 Transitional provision—Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010
The amendments made to this Act by section 5 of the Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010 apply to any proceeding, irrespective of when the offence to which the proceeding relates was committed or when the proceeding commenced, but does not apply to a proceeding in respect of an accused which was listed before the Court before the commencement of that section.
Sch. 8 cl. 46 inserted by No. 70/2010 s. 35.
46 Transitional provisions—Bail Amendment Act 2010
(1) On the commencement of section 29 of the Bail Amendment Act 2010 , a bail justice holding office immediately before that commencement (other than a bail justice referred to in section 121 of this Act) is deemed to be a bail justice appointed under section 120A of this Act whose term of office expires—
(a) in the case of a bail justice appointed before 1 January 1991, 1 year after the commencement of section 29 of that Act or on the bail justice attaining the age of 70 years, whichever first occurs;
(b) in the case of a bail justice appointed on or after 1 January 1991 and before 1 January 2000, 2 years after the commencement of section 29 of that Act or on the bail justice attaining the age of 70 years, whichever first occurs;
(c) in the case of a bail justice appointed on or after 1 January 2000 and before the commencement of section 29 of that Act, 3 years after the commencement of section 29 of that Act or on the bail justice attaining the age of 70 years, whichever first occurs.
(2) On the commencement of section 29 of the Bail Amendment Act 2010 —
(a) an application for appointment as a bail justice that has been made but not determined before that commencement is to be taken to be an application made under section 120B of this Act; and
(b) the applicant's completion before that commencement of the whole or part of a course of training that is subsequently prescribed for the purposes of section 120A(2)(e) may be relied on for the purposes of the application.
(3) Section 121 as amended by section 30 of the Bail Amendment Act 2010 applies to a person who commences to hold a prescribed office within the meaning of section 121 on or after the commencement of section 30 of that Act.
(4) Section 122 as in force immediately before the commencement of section 31 of the Bail Amendment Act 2010 continues to apply to any proceeding under section 122 existing immediately before the commencement of section 31 of that Act.
Sch. 8 new cl. 47 inserted by No. 70/2013 s. 3(Sch. 1 item 27.2).
47 Transitional provisions—Justice Legislation Amendment Act 2012
This Act as amended by section 7 of the Justice Legislation Amendment Act 2012 applies to any proceeding in the Assessment and Referral Court List, irrespective of whether the offence to which the proceeding relates was alleged to have been committed before, on or after the commencement of that section.
Sch. 8 cl. 48 inserted by No. 26/2012 s. 25.
48 Transitional provisions—Courts and Sentencing Legislation Amendment Act 2012
This Act as amended by sections 22 and 23 of the Courts and Sentencing Legislation Amendment Act 2012 applies to a proceeding for an offence or a contravention of sentence (including any offence constituted by such a contravention) irrespective of whether the offence or contravention is alleged to have been committed, or the sentence was imposed, before or on or after the commencement of those sections.
Sch. 8 cl. 49 inserted by No. 48/2012 s. 40.
49 Transitional provision—Criminal Procedure Amendment Act 2012
Section 78(5) as amended by section 38 of the Criminal Procedure Amendment Act 2012 applies to a search warrant issued on or after the commencement of section 38 of that Act.
Sch. 8 cl. 50 inserted by No. 5/2013 s. 40.
50 Courts Legislation Amendment (Reserve Judicial Officers) Act 2013
(1) On and from the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 , a person who held the office of acting magistrate under section 9 as in force immediately before its repeal who is not eligible to be a reserve magistrate under section 9A, but is eligible to be a magistrate under section 7, is taken to hold the office of magistrate as if he or she had been appointed as a magistrate under section 7 on the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 .
(2) On and from the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 , a person other than a person referred to in subsection (1) who held the office of acting magistrate under section 9 as in force immediately before its repeal is taken to hold the office of reserve magistrate as if he or she had been appointed as a reserve magistrate under section 9A.
(3) If a person referred to in subclause (2) was required to undertake the duties of a magistrate under section 9(4) as in force immediately before its repeal on a full time or sessional basis, on and from the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 , that requirement continues until its expiry as if it were an engagement under section 9C.
(4) If, immediately before the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 , a person referred to in subclause (1) or (2) was assigned under section 93 of the Coroners Act 2008 to be a coroner for the Coroners Court, that assignment continues until that person ceases to hold the office of magistrate or reserve magistrate or the assignment is revoked under that Act.
(5) If, immediately before the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 , a person referred to in subclause (1) or (2) was assigned under section 507 of the Children, Youth and Families Act 2005 to be a magistrate for the Children's Court, that assignment continues until that person ceases to hold the office of magistrate or reserve magistrate or the assignment is revoked under that Act.
(6) Unless inconsistent with the context or the subject matter, on and from the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 , a reference in any Act (other than this Act or the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 ), subordinate instrument or any other document to an acting magistrate, being an acting magistrate appointed under section 9 as in force immediately before its repeal, is to be construed as a reference to a reserve magistrate so far as the reference relates to any period on or after that commencement.
Sch. 8 cl. 51 inserted by No. 5/2013 s. 40, repealed by No. 51/1989 Sch. 8 cl. 51(4).
* * * * *
Sch. 8 cl. 51A inserted by No. 63/2013 s. 48.
51A Transitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013
A reserve magistrate currently engaged by the Attorney-General under section 9C as in force immediately before the amendment of that section by the Courts Legislation Amendment (Judicial Officers) Act 2013 is taken to have been engaged by the Chief Magistrate under section 9C as amended by that Act and his or her engagement continues and has effect accordingly.
Sch. 8 cl. 51B inserted by No. 63/2013 s. 79.
51B Transitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013—part-time magistrates
A magistrate who was a part-time magistrate as defined in section 3(1) immediately before the repeal of that definition by the Courts Legislation Amendment (Judicial Officers) Act 2013 , on and from that repeal—
(a) continues to hold the office of magistrate; and
(b) is taken to be serving under a part-time service arrangement on the same terms as applied to the magistrate in his or her capacity as a part-time magistrate.
Sch. 8 cl 52 inserted by No. 58/2013 s. 52.
52 Savings—Open Courts Act 2013
(1) Despite the repeal of section 126 by the Open Courts Act 2013 , section 126 (as in force immediately before its repeal) continues to apply on and after its repeal in relation to a proceeding commenced to be heard (but not determined) by the Court before that repeal.
(2) Despite the repeal of section 126 by the Open Courts Act 2013 , an order made under section 126 (as in force immediately before its repeal) and in force at the date of that repeal—
(a) subject to paragraph (b), continues to apply on and after that repeal;
(b) may be set aside or varied in accordance with section 126 as if that section had not been repealed.
Sch. 8 cl. 47 inserted by No. 23/2012 s. 9, repealed by No. 70/2013 s. 3(Sch. 1 item 27.1).
* * * * *
Sch. 8 cl. 53 inserted by No. 68/2013 s. 7.
53 Transitional—Courts and Other Justice Legislation Amendment Act 2013
(1) Despite the amendment of section 4V by the Courts and Other Justice Legislation Amendment Act 2013 , section 4V, as in force immediately before the commencement of section 5 of that Act, continues to apply to a proceeding that is in the Assessment and Referral List immediately before that commencement.
(2) Despite the amendment of section 4X(2) by the Courts and Other Justice Legislation Amendment Act 2013 , section 4X(2), as in force immediately before the commencement of section 6 of that Act, continues to apply to a proceeding that is in the Assessment and Referral List immediately before that commencement.
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Endnotes
1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 23 March 1989
Legislative Council: 26 May 1989
The long title for the Bill for this Act was "A Bill to establish the Magistrates' Court of Victoria, to provide for the constitution, jurisdiction and proceedings of that Court, to repeal the Magistrates' Courts Act 1971 and the Magistrates (Summary Proceedings) Act 1975 , to amend the Bail Act 1977 , the Crimes Act 1958 , the Evidence Act 1958 , the Interpretation of Legislation Act 1984 and certain other Acts and for other purposes.".
The Magistrates' Court Act 1989 was assented to on 14 June 1989 and came into operation as follows:
Section 16(4) on 15 June 1989: Special Gazette (No. 32) 15 June 1989 page 1; sections 16(5), 52, 141(3)(a)–(f) on 1 September 1989: Government Gazette 30 August 1989 page 2210; rest of Act on 1 September 1990: Government Gazette 25 July 1990 page 2216.
2 Table of Amendments
This publication incorporates amendments made to the Magistrates' Court Act 1989 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Dangerous Goods (Amendment) Act 1989, No. 48/1989 (as amended by No. 34/1990)
| Assent Date: | 14.6.89 |
| Commencement Date: | 28.6.89: Government Gazette 28.6.89 p. 1558 |
| Current State: | All of Act in operation |
| Assent Date: | 14.6.89 |
| Commencement Date: | Sch. 8 cl. 51(4) on 27.2.15: Sch. 8 cl. 51(4) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 14.6.89 |
| Commencement Date: | S. 35(5) on 10.9.90: Government Gazette 5.9.90 p. 2680 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 14.6.89 |
| Commencement Date: | S. 286(Sch. 2 items 11.1, 11.2) on 23.9.91: Government Gazette 28.8.91 p. 2368 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 3.4.90 |
| Commencement Date: | S. 20(4)(a)(b) on 8.5.90: Special Gazette (No. 20) 8.5.90 p. 1 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 24.4.90 |
| Commencement Date: | 1.9.90: Government Gazette 15.8.90 p. 2473 |
| Current State: | All of Act in operation |
| Assent Date: | 13.6.90 |
| Commencement Date: | S. 4(Sch. 3 items 1–25) on 1.9.90: Government Gazette 25.7.90 p. 2216 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 28.9.90 |
| Commencement Date: | Ss 1, 2, 5 on 28.9.90: s. 2(1); ss 3, 4 on 1.9.90: s. 2(2) |
| Current State: | All of Act in operation |
| Assent Date: | 20.11.90 |
| Commencement Date: | Ss 16, 20(Sch. items 4.1–4.5) on 1.1.91: Government Gazette 19.12.90 p. 3750 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 16.4.91 |
| Commencement Date: | Ss 12– 14, 16(1)(a)(c)(e)(f)(2) on 5.8.91: Government Gazette 24.7.91 p. 2026; ss 15, 16(1)(b)(d) on 20.12.94: Government Gazette 15.12.94 p. 3308 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 31.5.91 |
| Commencement Date: | 31.5.91: s. 2. |
| Current State: | All of Act in operation |
| Assent Date: | 18.6.91 |
| Commencement Date: | S. 38 on 1.10.91: Government Gazette 17.7.91 p. 1930 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 25.6.91 |
| Commencement Date: | 1.3.92: Government Gazette 19.2.92 p. 378 |
| Current State: | All of Act in operation |
| Assent Date: | 25.6.91 |
| Commencement Date: | 22.4.92: Government Gazette 15.4.92 p. 898 |
| Current State: | All of Act in operation |
| Assent Date: | 3.12.91 |
| Commencement Date: | S. 10(Sch. items 2.1, 2.2) on 1.1.92: Government Gazette 18.12.91 p. 3486 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 10.12.91 |
| Commencement Date: | S. 35 on 1.9.92: Government Gazette 12.8.92 p. 2179 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 24.11.92 |
| Commencement Date: | S. 35 on 22.2.93: Government Gazette 28.1.93 p. 2179 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 24.11.92 |
| Commencement Date: | S. 181 on 4.1.93: Special Gazette (No. 63) 27.11.92 p. 1 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 11.5.93 |
| Commencement Date: | 11.5.93: s. 2 |
| Current State: | All of Act in operation |
| Assent Date: | 21.9.93 |
| Commencement Date: | 21.9.93: s. 2 |
| Current State: | All of Act in operation |
| Assent Date: | 5.10.93 |
| Commencement Date: | 5.10.93: s. 2 |
| Current State: | All of Act in operation |
| Assent Date: | 14.12.93 |
| Commencement Date: | S. 9(3) on 1.6.94: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 10.5.94 |
| Commencement Date: | Pt 1 (ss 1– 8), ss 60, 61 on 10.5.94: s. 2(1); rest of Act on 1.7.94: s. 2(2) |
| Current State: | All of Act in operation |
| Assent Date: | 17.5.94 |
| Commencement Date: | S. 39 on 1.12.94: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 31.5.94 |
| Commencement Date: | Ss 1, 2 on 31.5.94: s. 2(1); s. 27(5) on 14.12.93: s. 2(2); ss 3–27(4), 28 on 24.10.94: Government Gazette 20.10.94 p. 2789 |
| Current State: | All of Act in operation |
| Assent Date: | 7.6.94 |
| Commencement Date: | Ss 1– 3 on 7.6.94: s. 2(1); rest of Act on 1.7.94: s. 2(3) |
| Current State: | All of Act in operation |
| Assent Date: | 6.12.94 |
| Commencement Date: | S. 36(7) on 1.1.95: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 13.12.94 |
| Commencement Date: | Ss 1, 2 on 13.12.94: s. 2(1); rest of Act on 13.6.95: s. 2(3) |
| Current State: | All of Act in operation |
| Assent Date: | 20.12.94 |
| Commencement Date: | Pt 1 (ss 1, 2) on 20.12.94: s. 2(1); rest of Act on 7.6.95: Special Gazette (No. 41) 23.5.95 p. 1 |
| Current State: | All of Act in operation |
| Assent Date: | 26.4.95 |
| Commencement Date: | Ss 10, 11(3) on 27.4.95: Government Gazette 27.4.95 p. 973 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 16.5.95 |
| Commencement Date: | S. 27 on 28.9.95: Government Gazette 28.9.95 p. 2731 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 14.6.95 |
| Commencement Date: | S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 item 24 on 1.1.96: Government Gazette 21.12.95 p. 3571 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 27.6.95 |
| Commencement Date: | S. 169 on 1.1.98: s. 2(4) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 5.12.95 |
| Commencement Date: | S. 218(1)(Sch. 2 item 4) on 23.5.96: Government Gazette 23.5.96 p. 1248 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 5.12.95 |
| Commencement Date: | 5.12.95 |
| Current State: | All of Act in operation |
| Assent Date: | 6.11.96 |
| Commencement Date: | S. 453(Sch. 1 items 53.1–53.9) on 1.1.97: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 26.11.96 |
| Commencement Date: | S. 18(Sch. 2 items 9.1–9.4) on 6.2.97: Government Gazette 6.2.97 p. 257 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 17.12.96 |
| Commencement Date: | Ss 24–40 on 1.4.97: Government Gazette 20.3.97 p. 619 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 17.12.96 |
| Commencement Date: | S. 201(3) on 31.1.98: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 17.12.96 |
| Commencement Date: | Ss 4, 5(1), 8 on 1.9.90: s. 3(2); ss 6, 7, 9– 12 on 14.11.96: s. 3(3); ss 1, 2, 3, 5(2)–(5), 13, 14 on 17.12.96: s. 3(1) |
| Current State: | All of Act in operation |
| Assent Date: | 17.12.96 |
| Commencement Date: | S. 61 on 17.12.96: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 22.4.97 |
| Commencement Date: | Ss 7, 8 on 22.12.97: Government Gazette 18.12.97 p. 3612 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 20.5.97 |
| Commencement Date: | S. 55 on 2.10.97: Government Gazette 2.10.97 p. 2731 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 11.6.97 |
| Commencement Date: | Ss 27–31 on 11.6.97: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 11.6.97 |
| Commencement Date: | Pt 7 (ss 64, 65, 66(2)–(4)) on 1.9.97: s. 2(2); s. 66(1) on 1.7.98: s. 2(4) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 18.11.97 |
| Commencement Date: | Ss 26– 29 on 18.11.97: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 2.12.97 |
| Commencement Date: | Ss 12, 13 on 1.1.98: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 2.12.97 |
| Commencement Date: | S. 52 on 1.8.98: s. 2(8) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 23.12.97 |
| Commencement Date: | S. 75 on 23.12.97: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 23.12.97 |
| Commencement Date: | S. 154 on 1.7.98: Government Gazette 25.6.98 p. 1561 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 28.4.98 |
| Commencement Date: | 28.4.98: s. 2 |
| Current State: | All of Act in operation |
| Assent Date: | 28.4.98 |
| Commencement Date: | S. 9 on 1.8.98: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 26.5.98 |
| Commencement Date: | Ss 45, 46 on 26.5.98: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 26.5.98 |
| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 27.10.98 |
| Commencement Date: | S. 17 on 1.1.99: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 1.12.98 |
| Commencement Date: | S. 44 on 1.12.98: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 11.5.99 |
| Commencement Date: | Ss 21– 24, 31(1)(2) on 11.5.99: s. 2(1); ss 4– 7,
8(1)–(4), 9–16 on 1.7.99: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 11.5.99 |
| Commencement Date: | Ss 5, 6 on 7.5.96: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 8.6.99 |
| Commencement Date: | S. 36 on 1.9.99: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 8.6.99 |
| Commencement Date: | S. 26 on 8.6.99: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 8.6.99 |
| Commencement Date: | S. 39 on 8.6.99: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 8.6.99 |
| Commencement Date: | S. 34 on 8.6.99: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 28.3.00 |
| Commencement Date: | S. 6 on 29.3.00: s. 2(1); s. 5 on 1.7.00: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 14.6.00 |
| Commencement Date: | S. 4 on 9.7.00: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 5.9.00 |
| Commencement Date: | Ss 4, 7– 9 on 6.9.00: s. 2(1); ss 5, 6 on 1.1.01: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 12.9.00 |
| Commencement Date: | S. 97 on 1.8.01: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 21.11.00 |
| Commencement Date: | S. 57 on 1.1.01: s. 2(4) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 21.11.00 |
| Commencement Date: | S. 3(Sch. 1 item 75) on 22.11.00: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 5.12.00 |
| Commencement Date: | Ss 4– 10 on 1.7.01: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 12.12.00 |
| Commencement Date: | S. 75 on 1.9.01: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 12.12.00 |
| Commencement Date: | Ss 3– 14 on 1.7.01: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 10.4.01 |
| Commencement Date: | S. 110 on 1.7.02: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 8.5.01 |
| Commencement Date: | S. 3(Sch. item 44) on 1.6.01: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 22.5.01 |
| Commencement Date: | S. 7 on 23.5.01: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 22.5.01 |
| Commencement Date: | S. 34 on 1.1.02: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 29.5.01 |
| Commencement Date: | S. 16 on 30.5.01: s. 2 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 19.6.01 |
| Commencement Date: | S. 35 on 1.9.01: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 27.6.01 |
| Commencement Date: | S. 3(Sch. item 77) on 15.7.01: s. 2 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 27.6.01 |
| Commencement Date: | S. 43 on 1.3.02: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 23.10.01 |
| Commencement Date: | S. 12 on 1.1.02: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 7.11.01 |
| Commencement Date: | S. 19 on 8.11.01: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 11.12.01 |
| Commencement Date: | S. 31 on 21.12.01: Government Gazette 13.12.01 p. 3061 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 26.3.02 |
| Commencement Date: | S. 10 on 2.5.02: Government Gazette 2.5.02 p. 789; s. 11 on 17.2.03: Government Gazette 6.2.03 p. 190 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 3.4.02 |
| Commencement Date: | S. 12(4) on 1.1.02: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 23.4.02 |
| Commencement Date: | S. 3(Sch. 1 item 43) on 24.4.02: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 12.6.02 |
| Commencement Date: | S. 199 on 1.9.02: Government Gazette 29.8.02 p. 2333 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 12.6.02 |
| Commencement Date: | 12.6.02: s. 2 |
| Current State: | All of Act in operation |
| Assent Date: | 12.6.02 |
| Commencement Date: | Ss 4– 9 on 13.6.02: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 18.6.02 |
| Commencement Date: | Ss 12– 24, 28(Sch. item 4) on 19.6.02: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 18.6.02 |
| Commencement Date: | S. 53 on 19.6.02: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 22.10.02 |
| Commencement Date: | S. 45 on 23.10.02: s. 2 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 6.5.03 |
| Commencement Date: | S. 12 on 7.5.03: s. 2 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 20.5.03 |
| Commencement Date: | S. 76 on 1.7.03: Special Gazette (No. 130) 1.7.03 p. 1 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 11.6.03 |
| Commencement Date: | Ss 5– 10 on 12.6.03: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 16.6.03 |
| Commencement Date: | S. 52(Sch. 1 item 8) on 17.6.03: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 21.10.03 |
| Commencement Date: | S. 14 on 22.10.03: s. 2 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 11.11.03 |
| Commencement Date: | S. 184 on 1.7.05: s. 2 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 25.11.03 |
| Commencement Date: | S. 45 on 1.1.05: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 9.12.03 |
| Commencement Date: | S. 22 on 10.12.03: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 1.6.04 |
| Commencement Date: | Ss 6, 14 on 1.7.04: s. 2 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 1.6.04 |
| Commencement Date: | Ss 3– 8 on 2.6.04: s. 2 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 8.6.04 |
| Commencement Date: | S. 14 on 9.6.04: s. 2 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 8.6.04 |
| Commencement Date: | S. 260 on 24.9.04: Special Gazette (No. 206) 22.9.04 p. 1 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 16.6.04 |
| Commencement Date: | S. 40 on 17.6.04: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 12.10.04 |
| Commencement Date: | S. 10 on 13.10.04: s. 2 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 12.10.04 |
| Commencement Date: | S. 4(2) on 13.10.04: s. 2 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 19.10.04 |
| Commencement Date: | 1.1.05: s. 2 |
| Current State: | All of Act in operation |
| Assent Date: | 9.11.04 |
| Commencement Date: | Ss 3– 5 on 1.4.05: s. 2(4) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 21.12.04 |
| Commencement Date: | S. 181 on 1.7.05: s. 3(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
Public Administration Act 2004, No. 108/2004
| Assent Date: | 21.12.04 |
| Commencement Date: | S. 117(1)(Sch. 3 item 118) on 5.4.05: Government Gazette 31.3.05 p. 602 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 5.4.05 |
| Commencement Date: | S. 9 on 1.8.05: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 5.4.05 |
| Commencement Date: | Ss 16, 26–28 on 6.4.05: s. 2(1); ss 10– 13 on 1.5.05: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 10.5.05 |
| Commencement Date: | Ss 11, 12 on 11.5.05: s. 2 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 24.5.05 |
| Commencement Date: | S. 8 on 28.4.06: Special Gazette (No. 119) 28.4.06 p. 1 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 24.5.05 |
| Commencement Date: | S. 18(Sch. 1 item 63) on 12.12.05: Government Gazette 1.12.05 p. 2781 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 24.5.05 |
| Commencement Date: | Ss 3– 5, 7– 10 on 25.5.05: s. 2(1); s. 6 on 12.12.05: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 31.5.05 |
| Commencement Date: | Ss 29, 30 on 1.6.05: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 21.6.05 |
| Commencement Date: | S. 3 on 22.6.05: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 21.6.05 |
| Commencement Date: | S. 36 on 1.7.05: s. 2 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 16.8.05 |
| Commencement Date: | S. 29 on 1.3.06: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 20.9.05 |
| Commencement Date: | S. 143 on 1.9.07: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 11.10.05 |
| Commencement Date: | S. 28 on 1.10.06: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 22.11.05 |
| Commencement Date: | S. 68 on 1.7.06: Government Gazette 29.6.06 p. 1315 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 22.11.05 |
| Commencement Date: | S. 19 on 23.11.05: s. 2 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 29.11.05 |
| Commencement Date: | Pt 10 (ss 27–33) on 1.2.06: Special Gazette (No. 31) 31.1.06 p. 1 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 29.11.05 |
| Commencement Date: | S. 10 on 1.7.06: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 7.3.06 |
| Commencement Date: | Ss 39–41A on 1.12.06: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 4.4.06 |
| Commencement Date: | S. 159 on 1.8.06: Special Gazette (No. 181) 25.7.06 p. 1 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 11.4.06 |
| Commencement Date: | Ss 169–176 on 1.7.06: Government Gazette 29.6.06 p. 1315 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 13.6.06 |
| Commencement Date: | Ss 88, 89 on 1.7.06: Government Gazette 29.6.06 p. 1315 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 25.7.06 |
| Commencement Date: | S. 16 on 26.7.06: s. 2 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 15.8.06 |
| Commencement Date: | S. 42(Sch. item 22) on 23.4.07: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 15.8.06 |
| Commencement Date: | Ss 19– 21, 35 on 16.8.06: s. 2(1); ss 15– 18, 22–34 on 1.7.07: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 15.8.06 |
| Commencement Date: | Ss 3– 5 on 2.1.07: Government Gazette 21.12.06 p. 2768 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 10.10.06 |
| Commencement Date: | S. 9 on 1.12.06: s. 2(4) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 10.10.06 |
| Commencement Date: | S. 45 on 18.10.06: Special Gazette (No. 273) 17.10.06 p. 1 |
| Current State: | This information relates only to the provisions amending the Magistrates' Court Act 1989 |
| Assent Date: | 8.5.07 |
| Commencement Date: | S. 48 on 9.5.07: s. 2 |
| Current State: | This information relates only to the provisions amending the Magistrates' Court Act 1989 |
| Assent Date: | 26.6.07 |
| Commencement Date: | S. 5 on 27.6.07: s. 2 |
| Current State: | This information relates only to the provisions amending the Magistrates' Court Act 1989 |
| Assent Date: | 26.6.07 |
| Commencement Date: | S. 114 on 1.7.07: s. 2(1) |
| Current State: | This information relates only to the provisions amending the Magistrates' Court Act 1989 |
| Assent Date: | 14.8.07 |
| Commencement Date: | Ss 3– 7 on 15.8.07: s. 2 |
| Current State: | This information relates only to the provisions amending the Magistrates' Court Act 1989 |
| Assent Date: | 17.10.07 |
| Commencement Date: | S. 59 on 30.6.08: Government Gazette 26.6.08 p. 1388 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 17.10.07 |
| Commencement Date: | S. 3 on 28.2.08: Government Gazette 31.1.08 p. 196 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 17.10.07 |
| Commencement Date: | S. 23 on 8.11.07: Government Gazette 8.11.07 p. 2579 |
| Current State: | This information relates only to the provisions amending the Magistrates' Court Act 1989 |
| Assent Date: | 18.3.08 |
| Commencement Date: | Ss 5, 6, 11, 14– 16, 20 on 1.7.08: s. 2(5) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 15.4.08 |
| Commencement Date: | S. 73(1)(Sch. 1 item 39) on 1.12.08: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 13.5.08 |
| Commencement Date: | S. 14 on 1.7.08: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 3.6.08 |
| Commencement Date: | S. 20 on 4.6.08: s. 2(1) |
| Current State: | This information relates only to the provisions amending the Magistrates' Court Act 1989 |
| Assent Date: | 1.7.08 |
| Commencement Date: | S. 143(Sch. 2 item 8) on 5.12.08: Special Gazette (No. 340) 4.12.08 p. 1 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 26.8.08 |
| Commencement Date: | Ss 8, 9 on 1.12.08: Government Gazette 27.11.08 p. 2755 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 23.9.08 |
| Commencement Date: | Ss 251–255 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 18.11.08 |
| Commencement Date: | Ss 78– 80 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 25.11.08 |
| Commencement Date: | S. 26 on 1.1.10: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 25.11.08 |
| Commencement Date: | S. 46 on 1.1.10: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 11.12.08 |
| Commencement Date: | S. 156 on 1.1.10: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 11.12.08 |
| Commencement Date: | Ss 16, 17 on 31.12.09: s. 2(3) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 11.12.08 |
| Commencement Date: | Ss 11, 12 on 11.12.08: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 10.2.09 |
| Commencement Date: | S. 37(Sch. 1 item 17) on 1.12.09: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 10.3.09 |
| Commencement Date: | Ss 426, 427, 435(1) on 1.1.10: Government Gazette 10.12.09 p. 3215 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 24.3.09 |
| Commencement Date: | Ss 73– 76 on 1.10.09: Government Gazette 1.10.09 p. 2539 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 17.6.09 |
| Commencement Date: | S. 18 on 3.9.09: Government Gazette 3.9.09 p. 2331 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 23.6.09 |
| Commencement Date: | Ss 196–198 on 24.6.09: s. 2 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 8.9.09 |
| Commencement Date: | Ss 12– 15 on 16.9.09: Special Gazette (No. 319) 16.9.09 p. 1—see Interpretation of Legislation Act 1984 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 24.11.09 |
| Commencement Date: | S. 97(Sch. item 82) on 1.1.10: Government Gazette 10.12.09 p. 3215 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 24.11.09 |
| Commencement Date: | S. 54(Sch. Pt 1 item 34), (Sch. Pt 2 item 32) on 1.1.10: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 15.12.09 |
| Commencement Date: | S. 60 on 17.12.09: Government Gazette 17.12.09 p. 3338 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 23.3.10 |
| Commencement Date: | S. 93 on 5.4.10: s. 2(7) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 30.3.10 |
| Commencement Date: | Ss 4– 7 on 21.4.10: Special Gazette (No. 135) 20.4.10 p. 1 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 8.6.10 |
| Commencement Date: | S. 63 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 8.6.10 |
| Commencement Date: | Ss 85–87 on 26.6.10: Government Gazette 24.6.10 p. 1274 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 15.6.10 |
| Commencement Date: | S. 50 on 16.6.10: s. 2(3); s. 49 on 1.1.11: s. 2(5) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 30.6.10 |
| Commencement Date: | S. 109 on 1.7.10: Government Gazette 1.7.10 p. 1359 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 24.8.10 |
| Commencement Date: | Ss 88–92 on 1.1.11: Government Gazette 14.10.10 p. 2404 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 7.9.10 |
| Commencement Date: | S. 221(Sch. item 7) on 5.9.11: Special Gazette (No. 271) 23.8.11 p. 1 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 28.9.10 |
| Commencement Date: | Ss 63, 64 on 1.11.10: Government Gazette 21.10.10 p. 2530 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 19.10.10 |
| Commencement Date: | Ss 27–35 on 1.1.11: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 19.10.10 |
| Commencement Date: | S. 29 on 1.1.12: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 6.9.11 |
| Commencement Date: | Ss 34–36 on 28.11.11: Special Gazette (No. 379) 22.11.11 p. 1 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 18.10.11 |
| Commencement Date: | S. 46(Sch. item 12) on 17.11.11: Special Gazette (No. 369) 15.11.11 p. 1 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 22.11.11 |
| Commencement Date: | S. 107(Sch. item 8) on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 8.5.12 |
| Commencement Date: | Ss 7– 9 on 30.6.12: s. 2(5) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 29.5.12 |
| Commencement Date: | Ss 22– 25 on 16.7.12: Special Gazette (No. 237) 3.7.12 p. 1 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 4.9.12 |
| Commencement Date: | Ss 38–40 on 5.9.12: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 18.12.12 |
| Commencement Date: | S. 293 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 26.2.13 |
| Commencement Date: | Ss 31–40 on 27.2.13: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 4.6.13 |
| Commencement Date: | S. 60(Sch. item 7) on 10.2.14: Special Gazette (No. 28) 4.2.14 p. 1 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 4.6.13 |
| Commencement Date: | S. 6 on 5.6.13: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 4.6.13 |
| Commencement Date: | S. 55 on 19.4.14: Special Gazette (No. 122) 15.4.14 p. 2 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 24.9.13 |
| Commencement Date: | S. 30 on 25.9.13: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 22.10.13 |
| Commencement Date: | Ss 48– 52 on 1.12.13: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 6.11.13 |
| Commencement Date: | Ss 40–48, 74– 79 on 1.2.14: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 12.11.13 |
| Commencement Date: | S. 649(Sch. 9 item 24) on 1.7.14: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 19.11.13 |
| Commencement Date: | S. 8 on 1.8.13: s. 2(2); ss 4– 7 on 1.2.14: Special Gazette (No. 17) 28.1.14 p. 1 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 19.11.13 |
| Commencement Date: | S. 3(Sch. 1 item 27) on 1.12.13: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 11.2.14 |
| Commencement Date: | Ss 72, 73 on 1.7.14: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 8.4.14 |
| Commencement Date: | S. 11 on 12.5.14: Special Gazette (No. 136) 29.4.14 p. 1 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 8.4.14 |
| Commencement Date: | S. 455(Sch. item 20) on 1.7.14: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 13.5.14 |
| Commencement Date: | S. 55 on 1.9.14: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 3.6.14 |
| Commencement Date: | S. 10(Sch. item 101) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 17.6.14 |
| Commencement Date: | Ss 105– 107 on 31.10.14: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 9.9.14 |
| Commencement Date: | Ss 90–95 on 10.11.14: Special Gazette (No. 364) 14.10.14 p. 1 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 9.9.14 |
| Commencement Date: | Ss 5(2), 7(14)–(16) on 1.11.14: Special Gazette (No. 350) 7.10.14 p. 1 |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
3 Amendments Not in Operation
This publication does not include amendments made to the Magistrates' Court Act 1989 by the following Act/s.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010, No. 12/2010
| Assent Date: | 30.3.10 |
| Commencement Date: | S. 8 not yet proclaimed |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 25.3.14 |
| Commencement Date: | S. 160(Sch. 2 item 59) not yet proclaimed |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
| Assent Date: | 1.7.14 |
| Commencement Date: | Ss 268–281 not yet proclaimed |
| Current State: | This information relates only to the provision/s amending the Magistrates' Court Act 1989 |
At the date of this publication, the following provisions amending the Magistrates' Court Act 1989 were Not in Operation:
Amending Act/s:
Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010, No. 12/2010
8 Repeal of amendments relating to trial period for Assessment and Referral Court List
In the Principal Act—
(a) in section 3(1), the definitions of Assessment and Referral Court List , intellectual disability and mental illness are repealed ;
(b) in section 3(1), in the definition of proper venue —
(i) in paragraph (a) omit ", (dc)";
(ii) paragraph (dc) is repealed ;
(c) sections 4S to 4Y are repealed ;
(d) in section 16(1A), paragraphs (hd) and (he) are repealed ;
(e) clause 45 of Schedule 8 is repealed .
——
Legal Profession Uniform Law Application Act 2014, No. 17/2014
SCHEDULE 2
59 Magistrates' Court Act 1989 59.1 In section 3(1), in the definition of legal practitioner omit "within the meaning of the Legal Profession Act 2004 ".
59.2 In section 7(3)(b) omit "(within the meaning of the Legal Profession Act 2004 )".
59.3 In section 16C(4)(a), omit "within the meaning of the Legal Profession Act 2004 ".
——
Fines Reform Act 2014, No. 47/2014 268 Definitions
In section 3(1) of the Magistrates' Court Act 1989 —
(a) insert the following definition—
""enforcement warrant" has the same meaning as in the Fines Reform Act 2014 ;";
(b) the definitions of "Infringements Court", infringements registrar and infringement warrant are repealed ;
(c) in the definition of process for "infringement warrant" substitute "enforcement warrant";
(d) in the definition of proceeding for "as infringements registrar" substitute "under the Fines Reform Act 2014 ".
269 Rules of Court
Section 16(1A)(m) of the Magistrates' Court Act 1989 is repealed .
270 Employment of principal registrar, registrars and deputy registrars
(1) In section 17(2) of the Magistrates' Court Act 1989 , after "this Act" insert "and the Fines Reform Act 2014 ".
(2) In section 17(3) of the Magistrates' Court Act 1989 , after "this Act" insert "and the Fines Reform Act 2014 ".
271 Warrants
In section 57(1)(g) of the Magistrates' Court Act 1989 , for "infringement warrant" substitute "enforcement warrant".
272 Recall and cancellation of warrant
(1) For section 58(1)(b) of the Magistrates' Court Act 1989 substitute —
"(b) if issued by a registrar, the registrar for the time being at the venue of the Court at which it was issued or, except in the case of an enforcement warrant issued under the Fines Reform Act 2014 , any other registrar; or".
(2) In section 58(2) of the Magistrates' Court Act 1989 omit "or an infringement warrant".
273 Effect of defect or error in certain warrants
In section 60(1) and (2) of the Magistrates' Court Act 1989 , for "infringement warrant" substitute "enforcement warrant".
274 Heading to Subdivision 2 of Division 6 of Part 4 amended
In the heading to Subdivision 2 of Division 6 of Part 4 of the Magistrates' Court Act 1989 , for " Infringements Act 2006 " substitute " Fines Reform Act 2014 ".
275 Section 99 substituted
For section 99 of the Magistrates' Court Act 1989 substitute —
" 99 Infringement offence enforcement procedure under the Fines Reform Act 2014
The procedure set out in the Fines Reform Act 2014 may be used instead of commencing a proceeding against a person for an offence for which an infringement notice within the meaning of the Infringements Act 2006 could be issued or served in respect of an offence under an Act or other instrument which establishes the offence.".
276 Certain agencies may give information for enforcement purposes
(1) In section 99A(3) of the Magistrates' Court Act 1989 , for "infringements registrar" substitute "registrar".
(2) In section 99A(3) of the Magistrates' Court Act 1989 , for "Infringements Court" substitute
"Court under the Fines Reform Act 2014 ".
(3) In section 99A(4) of the Magistrates' Court Act 1989 , for "infringements registrar" substitute "registrar".
(4) In section 99A(4) of the Magistrates' Court Act 1989 , for "Infringements Court" substitute
"Court under the Fines Reform Act 2014 ".
277 Ministers may enter into administrative services agreements
In section 124B(1)(a) of the Magistrates' Court Act 1989 , for "Infringements Court" substitute "Court under the Fines Reform Act 2014 ".
278 Subject matter of agreement
In section 124C(n) of the Magistrates' Court Act 1989 , after "the regulations," insert "the Fines Reform Act 2014 or any regulations under that Act,".
279 Unauthorised access to or interference with data
In section 124I(3)(b)(i) of the Magistrates' Court Act 1989 , for "at the Infringements Court" substitute "of the Court for the purposes of the Fines Reform Act 2014 ".
280 Contempt of court
In section 134(5)(ab) of the Magistrates' Court Act 1989 —
(a) for "Part 9 of the Infringements Act 2006 " substitute "Part 6 of the Fines Reform Act 2014 ";
(b) for "an infringements registrar" substitute
"a registrar".
281 Regulations
In section 140(1)(b) of the Magistrates' Court Act 1989 , for "as infringements registrar" substitute "under the Fines Reform Act 2014 ".
4 Explanatory details
[1] S. 9: The amendment proposed to section 9(10) by section 8(1) of the Courts Legislation (Judicial Conduct) Act 2005 , No. 16/2005 is not included in this publication as section 9 was substituted by section 11 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 , No. 3/2005.
[2] S. 58(1): Sections 10 – 13 of the Magistrates' Court (Amendment) Act 1996 , No. 70/1996 read as follows:
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—
(i) the terms of an instalment order referred to in section 62 or 66 of the Sentencing Act 1991 ; or
(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 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 Sentencing Act 1991 and included an amount for 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
(d) seeking an 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 .
[3] S. 58(2): Section 28(3) of the Magistrates' Court (Amendment) Act 1994 , No. 33/1994 reads as follows:
28 Transitional provisions
(3) The amendments of the Principal Act made by sections 9, 11 and 22(a) to (g) (penalty enforcement warrants) apply to infringement penalties imposed before as well as after the commencement of those sections but if a penalty enforcement warrant is issued with respect to an infringement penalty imposed before that commencement—
(a) any warrant to imprison issued with respect to the infringement penalty must be recalled and cancelled in accordance with section 58(1) of the Principal Act; and
(b) a fresh demand must be made under clause 8(2) of Schedule 7 of the Principal Act as amended by this Act.
[4] S. 58(2): Section 5(5) of the Magistrates' Court (Amendment) Act 1996 , No. 70/1996 reads as follows:
5 Expiry of certain warrants
(5) Subsections (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 subsections 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.
[5] S. 58(2): See note 2.
[6] S. 58(3): See note 4.
[7] S. 60(1): See note 3.
[8] S. 60(2): See note 3.
[9] S. 70(b)(iii) ( repealed ): See note 3.
[10] S. 82(2): S. 12 of the Evidence (Audio Visual and Audio Linking) Act 1997 , No. 4/1997 reads as follows:
12 Transitional provisions
(1) An amendment made by a provision of this Act to the Evidence Act 1958 , the Supreme Court Act 1986 , the County Court Act 1958 , the Magistrates' Court Act 1989 or the Children and Young Persons Act 1989 applies to a proceeding that is commenced to be heard on or after the twenty-first day after the commencement of that amendment, irrespective of when the proceeding was commenced or when any offence to which the proceeding relates is alleged to have been committed.
(2) For the purposes of subsection (1) in its application to criminal proceedings—
(a) a trial is commenced to be heard on arraignment of the accused person; and
(b) a hearing of a charge for an offence is commenced to be heard on the taking of a formal plea from the accused person.
[11] S. 100: See section 3(1) def. of jurisdictional limit .
[12] Pt 5 Div. 3A: Section 47(2) of the Courts and Tribunals (General Amendment) Act 1996 , No. 64/1996 reads as follows:
47 Magistrates' Court Act 1989—transitional provisions
(2) The amendments made by section 35 to the Magistrates' Court Act 1989 applies to proceedings, whether commenced before or after the commencement of that section.
[13] S. 115(3) ( repealed ) and (7)(a) ( repealed ): Section 28(6) of the Magistrates' Court (Amendment) Act 1994 , No. 33/1994 reads as follows:
[14] Sch. 4 ( repealed ):
Sch. 4 amended by Nos 25/1989 s. 8(3), 48/1989 s. 18 (as amended by No. 34/1990 s. 7(6)), 54/1989 s. 35(5) (as amended by No. 34/1990 s. 7(7)), 11/1990 s. 12(2) (as amended by No. 34/1990 s. 7(8)), 34/1990 s. 4(Sch. 3 items 20, 21), 8/1991 s. 14, 46/1991 s. 48, 81/1991 s. 10(Sch. item 2.1), 90/1991 s. 35, 67/1993 s. 26, 129/1993 s. 9(3), 21/1994 s. 39, 102/1994 s. 96, 63/1995 s. 169, 93/1995 s. 218(1)(Sch. 2 item 4), 99/1995 s. 24 (as amended by No. 73/1996 s. 63), 35/1996 s. 453(Sch. 1 item 53.7), 66/1996 s. 201(3) (as amended by No. 26/1997 s. 35(1)), 73/1996 s. 61, 26/1997 s. 55, 48/1997 s. 65(3)(a)–(c)(e)(f), 107/1997 s. 75, 108/1997 s. 154, 13/1998 s. 16, 60/1998 s. 17, 36/1999 s. 26, 39/1999 s. 39, 44/1999 s. 34, 49/2000 s. 4, 53/2000 s. 97, 69/2000 s. 57, 98/2000 s. 75, 2/2001 s. 110, 14/2001 s. 34, 32/2001 s. 35, 61/2001 s. 12(1), 69/2001 s. 19, 11/2002 s. 3(Sch. 1 items 43.1, 43.2), 23/2002 s. 199, 35/2002 s. 28(Sch. item 4.1), 47/2002 s. 45, 10/2003 s. 12, 28/2003 s. 76, 52/2003 s. 52(Sch. 1 item 8), 74/2003 s. 14, 80/2003 s. 184, 59/2004 s. 10, 107/2004 s. 181(1), 24/2005 s. 29, 31/2005 s. 36, 45/2005 s. 29, 62/2005 s. 143(1), 78/2005 s. 68, 9/2006 s. 159(1), 44/2006 s. 16, 50/2006 s. 22(3), 13/2007 s. 48, 50/2007 s. 59, 52/2007 s. 3, 53/2007 s. 23, 72/2008 s. 26, 74/2008 s. 46, 76/2008 s. 156, 30/2009 ss 197, 198, repealed by No. 7/2009 s. 427(2) (as amended by No. 68/2009 s. 54(m)).
[15] Sch. 5 ( repealed ): The amendment proposed by section 143(Schedule 2 item 8) of the Police Integrity Act 2008 , No. 34/2008 is not included in this publication because of the earlier substitution of clause 8(1)(b) of Schedule 5 by section 9 of the Courts Legislation Amendment (Juries and Other Matters) Act 2008 , No. 38/2008.
[16] Sch. 5 ( repealed ):
Sch. 5 amended by Nos 34/1990 s. 4(Sch. 3 item 22(a)–(g)), 49/1990 s. 4, 64/1990 ss 16, 20(Sch. item 4.4(a)(b)), 8/1991 ss 15, 16, 23/1991 ss 11, 12, 81/1991 s. 10(Sch. item 2.2), 33/1994 s. 20, 43/1994 s. 56(Sch. item 3.2), 35/1996 s. 453(Sch. 1 items 53.3, 53.8), 81/1997 s. 12, substituted by No. 10/1999 s. 4, amended by Nos 35/1999 s. 36(2), 92/2000 ss 7– 9, 35/2002 ss 22, 23, 37/2002 s. 53, 108/2003 s. 22(2), 107/2004 s. 181(2), 30/2005 s. 3, 62/2005 s. 143(2), 2/2006 ss 39–41, 9/2006 s. 159(2), 50/2006 ss 27–34, 79/2006 s. 45, 36/2007 s. 6, 8/2008 s. 16, 18/2008 s. 14, 38/2008 s. 9, repealed by No. 7/2009 s. 427(2) (as amended by No. 68/2009 s. 54(m)).
[17] Sch. 7 ( repealed ):
Sch. 7 amended by Nos 5/1990 s. 20(4), 34/1990 s. 4(Sch. 3 items 24, 25), 64/1990 s. 20(Sch. item 4.5), 49/1991 s. 119(7) (Sch. 4 item 13.8), 33/1994 ss 21– 24(1), 64/1996 s. 40, 70/1996 s. 9, 44/1997 s. 30, 43/1998 s. 46, 102/1998 s. 44(2)(3), 10/1999 s. 31(2), 99/2000 ss 7, 8, 9, 10, 11 (as amended by No. 12/2001 s. 9), 12, 13 (as amended by No. 12/2001 s. 10), 44/2001 s. 3(Sch. item 77.2), 92/2001 s. 31, 26/2002 ss 5, 6, 39/2003 ss 8, 9, 94/2003 s. 45, 39/2004 s. 260, 49/2004 s. 40, 2/2005 s. 9, 3/2005 ss 27, 28, 24/2005 s. 30, 87/2005 ss 28–32, repealed by No. 12/2006 s. 176(2) (as amended by No. 32/2006 s. 53(2)).
[18] Sch. 7 ( repealed ): The amendment proposed by section 15(5) of the Courts Legislation (Jurisdiction) Act 2006 , No. 50/2006 is not included in this publication due to the earlier repeal of Schedule 7 by section 176(2) of the Infringements Act 2006 , No. 12/2006.
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