In Australia, there may or may not be such a thing called 'law' according to some, where the only form of 'law' is policy agreements.
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 |
12 (1) The
Magistrates' Courts Act 1971 and the
Magistrates
(Summary Proceedings) Act 1975 continue, despite their repeal and despite any
rule of law to the contrary, to apply to—
(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.
ÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍ
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 |
Magistrates' Court Act 1989, No. 51/1989
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 |
Second-Hand Dealers and Pawnbrokers Act 1989, No. 54/1989 (as amended by
No. 34/1990)
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 |
Children and Young Persons Act 1989, No. 56/1989 (as amended by No. 93/1990)
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 |
Road Safety (Amendment) Act 1990, No. 5/1990
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 |
Occupational Health and Safety (Miscellaneous Amendment) Act 1990 ,
No. 11/1990 (as amended by No. 34/1990)
Assent Date: | 24.4.90 |
Commencement Date: | 1.9.90: Government Gazette 15.8.90 p. 2473 |
Current State: | All of Act in operation |
Courts (Children's and Magistrates') Act 1990, No. 34/1990
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 |
Magistrates' Court (Amendment) Act 1990, No. 49/1990
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 |
Courts (Amendment) Act 1990, No. 64/1990
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 |
Crimes (Sexual Offences) Act 1991, No. 8/1991
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 |
Crimes Legislation (Miscellaneous Amendments) Act 1991, No. 23/1991
Assent Date: | 31.5.91 |
Commencement Date: | 31.5.91: s. 2. |
Current State: | All of Act in operation |
Courts (Case Transfer) Act 1991, No. 43/1991
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 |
Pollution of Waters by Oil and Noxious Substances (Amendment) Act 1991,
No. 46/1991
Assent Date: | 25.6.91 |
Commencement Date: | 1.3.92: Government Gazette 19.2.92 p. 378 |
Current State: | All of Act in operation |
Sentencing Act 1991, No. 49/1991
Assent Date: | 25.6.91 |
Commencement Date: | 22.4.92: Government Gazette 15.4.92 p. 898 |
Current State: | All of Act in operation |
Crimes (Rape) Act 1991, No. 81/1991
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 |
Crimes (Confiscation of Profits) (Amendment) Act 1991, No. 90/1991
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 |
Children and Young Persons (Amendment) Act 1992, No. 69/1992
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 |
Employee Relations Act 1992, No. 83/1992
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 |
Evidence (Unsworn Evidence) Act 1993, No. 12/1993
Assent Date: | 11.5.93 |
Commencement Date: | 11.5.93: s. 2 |
Current State: | All of Act in operation |
Historic Shipwrecks (Amendment) Act 1993, No. 67/1993
Assent Date: | 21.9.93 |
Commencement Date: | 21.9.93: s. 2 |
Current State: | All of Act in operation |
Summary Offences (Stolen Cattle) Act 1993, No. 71/1993
Assent Date: | 5.10.93 |
Commencement Date: | 5.10.93: s. 2 |
Current State: | All of Act in operation |
Crimes (Amendment) Act 1993, No. 129/1993
Financial Management Act 1994, No. 18/1994
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 |
Equipment (Public Safety) Act 1994, No. 21/1994
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 |
Magistrates' Court (Amendment) Act 1994, No. 33/1994
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 |
Public Prosecutions Act 1994, No. 43/1994
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 |
Valuation of Land (Amendment) Act 1994, No. 91/1994
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 |
Prostitution Control Act 1994, No. 102/1994
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 |
Constitution (Court of Appeal) Act 1994, No. 109/1994
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 |
Courts (General Amendment) Act 1995, No. 9/1995
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 |
Judicial Remuneration Tribunal Act 1995, No. 22/1995
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 |
Equal Opportunity Act 1995, No. 42/1995
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 |
Infertility Treatment Act 1995, No. 63/1995
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 |
Heritage Act 1995, No. 93/1995
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 |
Miscellaneous Acts (Health and Justice) Amendment Act 1995 , No. 99/1995
(as amended by No. 73/1996)
Assent Date: | 5.12.95 |
Commencement Date: | 5.12.95 |
Current State: | All of Act in operation |
Legal Practice Act 1996, No. 35/1996
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 |
Corrections (Amendment) Act 1996, No. 45/1996
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 |
Courts and Tribunals (General Amendment) Act 1996, No. 64/1996
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 |
Firearms Act 1996, No. 66/1996 (as amended by No. 26/1997)
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 |
Magistrates' Court (Amendment) Act 1996, No. 70/1996
Miscellaneous Acts (Further Omnibus Amendments) Act 1996, No. 73/1996
Evidence (Audio Visual and Audio Linking) Act 1997, No. 4/1997
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 |
Police and Corrections (Amendment) Act 1997, No. 26/1997
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 |
Law and Justice Legislation Amendment Act 1997, No. 44/1997
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 |
Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997
Sentencing (Amendment) Act 1997, No. 69/1997
Crimes (Amendment) Act 1997, No. 81/1997
Law and Justice Legislation (Further Amendment) Act 1997, No. 84/1997
Accident Compensation (Miscellaneous Amendment) Act 1997, No. 107/1997
Confiscation Act 1997, No. 108/1997
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 |
Health Services (Amendment) Act 1998, No. 13/1998
Assent Date: | 28.4.98 |
Commencement Date: | 28.4.98: s. 2 |
Current State: | All of Act in operation |
State Trustees (Amendment) Act 1998, No. 15/1998
Miscellaneous Acts (Omnibus No. 1) Act 1998, No. 43/1998
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
(as amended by No. 12/1999)
Classification (Publications, Films and Computer Games) (Enforcement)
(Amendment) Act 1998, No. 60/1998
Melbourne City Link (Amendment) Act 1998, No. 102/1998
Magistrates' Court (Amendment) Act 1999, No. 10/1999
Superannuation Acts (Further Amendment) Act 1999, No. 13/1999
Crimes (Criminal Trials) Act 1999, No. 35/1999
Electricity Industry Acts (Further Amendment) Act 1999, No. 36/1999
Gas Industry Acts (Further Amendment) Act 1999, No. 39/1999
Prostitution Control (Amendment) Act 1999, No. 44/1999
Courts and Tribunals Legislation (Amendment) Act 2000, No. 1/2000
Environment Protection (Enforcement and Penalties) Act 2000, No. 49/2000
Courts and Tribunals Legislation (Further Amendment) Act 2000, No. 51/2000
Juries Act 2000, No. 53/2000
Electricity Industry Legislation (Miscellaneous Amendments) Act 2000,
No. 69/2000
Statute Law Revision Act 2000, No. 74/2000
Magistrates' Court (Committal Proceedings) Act 2000, No. 92/2000
Information Privacy Act 2000, No. 98/2000
Magistrates' Court (Infringements) Act 2000, No. 99/2000 (as amended by
No. 12/2001)
Health Records Act 2001, No. 2/2001
Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001,
No. 11/2001
Constitution (Supreme Court) Act 2001, No. 12/2001
Food (Amendment) Act 2001, No. 14/2001
Judicial and Other Pensions Legislation (Amendment) Act 2001, No. 19/2001
Gas Industry Legislation (Miscellaneous Amendments) Act 2001, No. 32/2001
Corporations (Consequential Amendments) Act 2001, No. 44/2001
Corrections (Custody) Act 2001, No. 45/2001
Drugs, Poisons and Controlled Substances (Amendment) Act 2001, No. 61/2001
Classification (Publications, Films and Computer Games) (Enforcement)
(Amendment) Act 2001, No. 69/2001
Road Safety (Further Amendment) Act 2001, No. 92/2001
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 |
Sentencing (Amendment) Act 2002, No. 2/2002 (as amended by No. 13/2003)
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 |
Judicial Remuneration Tribunal (Amendment) Act 2002, No. 4/2002
Statute Law (Further Revision) Act 2002, No. 11/2002
Electoral Act 2002, No. 23/2002
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 |
Magistrates' Court (Amendment) Act 2002, No. 26/2002
Assent Date: | 12.6.02 |
Commencement Date: | 12.6.02: s. 2 |
Current State: | All of Act in operation |
Magistrates' Court (Koori Court) Act 2002, No. 27/2002
Criminal Justice Legislation (Miscellaneous Amendments) Act 2002, No. 35/2002
Environment Protection (Resource Efficiency) Act 2002, No. 37/2002
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 |
Sports Event Ticketing (Fair Access) Act 2002, No. 47/2002
Crimes (Property Damage and Computer Offences) Act 2003, No. 10/2003
Firearms (Trafficking and Handgun Control) Act 2003, No. 28/2003
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 |
Courts Legislation (Amendment) Act 2003, No. 39/2003
Australian Crime Commission (State Provisions) Act 2003, No. 52/2003
Heritage (Amendment) Act 2003, No. 74/2003
Cemeteries and Crematoria Act 2003, No. 80/2003
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 |
Road Safety (Amendment) Act 2003, No. 94/2003
Fisheries (Further Amendment) Act 2003, No. 108/2003
Courts Legislation (Funds in Court) Act 2004, No. 30/2004
Courts Legislation (Judicial Appointments) Act 2004, No. 31/2004
Judicial Salaries Act 2004, No. 38/2004
Mitcham-Frankston Project Act 2004, No. 39/2004
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 |
Transport Legislation (Miscellaneous Amendments) Act 2004, No. 49/2004
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 |
Crimes (Dangerous Driving) Act 2004, No. 59/2004
Sentencing (Superannuation Orders) Act 2004, No. 65/2004
Magistrates' Court (Increased Civil Jurisdiction) Act 2004, No. 68/2004
Assent Date: | 19.10.04 |
Commencement Date: | 1.1.05: s. 2 |
Current State: | All of Act in operation |
Magistrates' Court (Family Violence) Act 2004, No. 77/2004
Occupational Health and Safety Act 2004, No. 107/2004
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 |
Corrections (Transition Centres and Custodial Community Permits) Act 2005,
No. 2/2005
Courts Legislation (Judicial Appointments and Other Amendments) Act 2005, No.
3/2005
Sentencing (Further Amendment) Act 2005, No. 15/2005
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 |
Courts Legislation (Judicial Conduct) Act 2005, No. 16/2005
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 |
Legal Profession (Consequential Amendments) Act 2005, No. 18/2005
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 |
Magistrates' Court (Judicial Registrars and Court Rules) Act 2005, No. 19/2005
Road Safety (Further Amendment) Act 2005, No. 24/2005
Courts Legislation (Miscellaneous Amendments) Act 2005, No. 30/2005
Dangerous Goods and Equipment (Public Safety) Acts (Amendment) Act 2005, No.
31/2005
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 |
Tobacco (Amendment) Act 2005, No. 45/2005
Radiation Act 2005, No. 62/2005
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 |
Sentencing and Mental Health Acts (Amendment) Act 2005, No. 69/2005
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 |
Firearms (Further Amendment) Act 2005, No. 78/2005
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 |
Major Events (Crowd Management) and Commonwealth Games Arrangements Acts
(Crowd Safety Amendment) Act 2005, No. 80/2005
Investigative, Enforcement and Police Powers Acts (Amendment) Act 2005,
No. 87/2005
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 |
Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act
2005, No. 93/2005
Crimes (Sexual Offences) Act 2006, No. 2/2006 (as amended by No.
76/2006)
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 |
Rail Safety Act 2006, No. 9/2006
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 |
Infringements Act 2006, No. 12/2006 (as amended by No. 32/2006)
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 |
Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006
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 |
Electoral and Parliamentary Committees Legislation (Amendment) Act 2006, No.
44/2006
Children, Youth and Families (Consequential and Other Amendments) Act 2006,
No. 48/2006
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 |
Courts Legislation (Jurisdiction) Act 2006, No. 50/2006
Courts Legislation (Neighbourhood Justice Centre) Act 2006, No. 51/2006
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 |
Crimes (Sexual Offences) (Further Amendment) Act 2006, No. 76/2006
Justice Legislation (Further Amendment) Act 2006, No. 79/2006
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 |
Major Events (Aerial Advertising) Act 2007, No. 13/2007
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 |
Courts Legislation Amendment (Judicial Education and Other Matters) Act 2007,
No. 24/2007
Payroll Tax Act 2007, No. 26/2007
Magistrates' Court and Coroners Acts Amendment Act 2007, No. 36/2007
Firearms Amendment Act 2007, No. 50/2007
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 |
Justice and Road Legislation Amendment (Law Enforcement) Act 2007,
No. 52/2007
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 |
Justice Legislation Amendment Act 2007, No. 53/2007
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 |
Criminal Procedure Legislation Amendment Act 2008, No. 8/2008
Relationships Act 2008, No. 12/2008
Justice Legislation Amendment (Sex Offences Procedure) Act 2008, No. 18/2008
Constitution Amendment (Judicial Pensions) Act 2008, No. 23/2008
Police Integrity Act 2008, No. 34/2008
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 |
Courts Legislation Amendment (Juries and Other Matters) 2008, No. 38/2008
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 |
Family Violence Protection Act 2008, No. 52/2008
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 |
Stalking Intervention Orders Act 2008, No. 68/2008
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 |
Prohibition of Human Cloning for Reproduction Act 2008, No. 72/2008
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 |
Research Involving Human Embryos Act 2008, No. 74/2008
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 |
Assisted Reproductive Treatment Act 2008, No. 76/2008
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 |
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008,
No. 78/2008
Salaries Legislation Amendment (Salary Sacrifice) Act 2008, No. 83/2008
Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009
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 |
Criminal Procedure Act 2009, No. 7/2009 (as amended by No. 68/2009)
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 |
Sheriff Act 2009, No. 9/2009
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 |
Justice Legislation Amendment Act 2009, No. 25/2009
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 |
Major Sporting Events Act 2009, No. 30/2009
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 |
Courts Legislation Amendment (Judicial Resolution Conference) Act 2009,
No. 50/2009
Criminal Procedure Amendment (Consequential and Transitional Provisions) Act
2009, No. 68/2009
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 |
Statute Law Amendment (Evidence Consequential Provisions) Act 2009,
No. 69/2009
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 |
Justice Legislation Miscellaneous Amendments Act 2009, No. 87/2009
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 |
Accident Compensation Amendment Act 2010, No. 9/2010
Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010,
No. 12/2010 (as amended by No. 43/2012)
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 |
Health and Human Services Legislation Amendment Act 2010, No. 29/2010
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 |
Justice Legislation Amendment Act 2010, No. 30/2010
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 |
Courts Legislation Miscellaneous Amendments Act 2010, No. 34/2010
Superannuation Legislation Amendment Act 2010, No. 40/2010
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 |
Civil Procedure Act 2010, No. 47/2010
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 |
Personal Safety Intervention Orders Act 2010, No. 53/2010
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 |
Justice Legislation Further Amendment Act 2010, No. 64/2010
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 |
Bail Amendment Act 2010, No. 70/2010
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 |
Sentencing Amendment Act 2010, No. 77/2010
Justice Legislation Amendment (Protective Services Officers) Act 2011,
No. 43/2011
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 |
Commercial Arbitration Act 2011, No. 50/2011
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 |
Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011
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 |
Justice Legislation Amendment Act 2012, No. 23/2012
Courts and Sentencing Legislation Amendment Act 2012, No. 26/2012
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 |
Criminal Procedure Amendment Act 2012, No. 48/2012
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 |
Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012
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 |
Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, No. 5/2013
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 |
Heavy Vehicle National Law Application Act 2013, No. 30/2013
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 |
Justice Legislation Amendment Act 2013, No. 31/2013
Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act
2013, No. 32/2013
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 |
Road Safety and Sentencing Acts Amendment Act 2013, No. 56/2013
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 |
Open Courts Act 2013, No. 58/2013
Courts Legislation Amendment (Judicial Officers) Act 2013, No. 63/2013
Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013
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 |
Courts and Other Justice Legislation Amendment Act 2013, No. 68/2013
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 |
Statute Law Revision Act 2013, No. 70/2013
Court Services Victoria Act 2014, No. 1/2014
Justice Legislation Amendment (Discovery, Disclosure and Other Matters)
Act 2014, No. 25/2014
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 |
Mental Health Act 2014, No. 26/2014
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 |
Honorary Justices Act 2014, No. 32/2014
Victoria Police Amendment (Consequential and Other Matters) Act 2014,
No. 37/2014
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 |
Vexatious Proceedings Act 2014, No. 42/2014
Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014
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 |
Crimes Amendment (Abolition of Defensive Homicide) Act 2014, No. 63/2014
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 |
Legal Profession Uniform Law Application Act 2014, No. 17/2014
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 |
Fines Reform Act 2014, No. 47/2014
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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