MAGISTRATES' COURT ACT 1989

Victorian Consolidated Legislation

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MAGISTRATES' COURT ACT 1989

No. 51 of 1989
Version incorporating amendments as at 1 December 2008

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purposes
2. Commencement
3. Definitions
3A. Meaning of family member

PART 2-THE MAGISTRATES' COURT OF VICTORIA

4. Establishment of the Magistrates' Court
4A. Establishment of Drug Court Division
4B. Adjournment of proceeding to Drug Court Division
4C. Repealed
4D. Establishment of Koori Court Division
4E. Jurisdiction of Koori Court Division
4F. Circumstances in which Koori Court Division may deal with certain offences
4G. Sentencing procedure in Koori Court Division
4H. Establishment of Family Violence Court Division
4I. Jurisdiction of Family Violence Court Division
4J. Adjournment to seek legal advice
4K. Alternative arrangements for giving evidence
4L. Restriction on children being called as witnesses or present in court
4M. Establishment of Neighbourhood Justice Division
4N. Places where Neighbourhood Justice Division may sit and act
4O. Jurisdiction of Neighbourhood Justice Division
4P. Transfer of proceedings
4Q. Sentencing procedure in Neighbourhood Justice Division
4R. Sexual Offences List
5. Where and when Court to be held
5A. Mention courts
6. Magistrate to be in attendance
7. Appointment of magistrates
8. Appointment of Acting Chief Magistrate
9. Appointment of acting magistrates
10. Salaries
10A. Pension of Chief Magistrate
11. Repealed
12. Vacation of office
13. Assignment of duties
13A. Delegation by the Chief Magistrate
13B. Professional development and training
14. Protection of magistrates
15. Council of magistrates
16. Rules of Court
16A. Practice notes

PART 2A-JUDICIAL REGISTRARS

16B. Guidelines relating to the appointment of judicial registrars
16C. Appointment of judicial registrars
16D. Terms and conditions of appointment
16E. Resignation from office
16F. Suspension from office
16G. Investigation of judicial registrar
16H. Removal of judicial registrar from office
16I. Rules of Court
16J. Performance of duties by judicial registrar
16K. Review of decisions of judicial registrar

PART 3-OFFICERS OF THE COURT

17. Employment of principal registrar, registrars and deputy registrars
17A. Appointment of Aboriginal elders or respected persons
18. Register
19. Offence to publish certain information concerning proceedings
19A. Recording of proceedings
20. Process
21. Powers of registrar
22. Fees
23. Extortion by and impersonation of court officials
24. Protection of registrars

PART 4-WARRANTS AND CRIMINAL PROCEEDINGS

Division 1-Jurisdiction

25. Extent of jurisdiction

Division 2-Procedure
Subdivision 1-General

26. How criminal proceeding commenced
27. Descriptions in charge
28. Compelling attendance
29. Magistrate may exercise registrar's powers
30. Prescribed persons may issue summons
31. Joinder of offences
32. Defendant entitled to receive copy of charge
33. Summons to answer to a charge
34. Service of summons to answer to a charge
35. Proof of service
36. Service of summonses for summary offences by post
37. Service of statements on defendant
37A. Service of outline of evidence on defendant
38. Appearance
38A. Charge to be read or explained to defendant before plea
39. Legal representation
40. Interpreter
41. Non-appearance of defendant
42. Return of property taken from a defendant
43. Witness summonses
44. Production before date for attendance
45. Attendance of witnesses on adjournment
46. Statement to be given to defendant
47. Alibi evidence
48. Proceedings against corporations
49. Power to return defendant to youth justice centre
50. Power to amend where there is a defect or error
50A. Sentence indication
Subdivision 2-Summary offences
51. Procedure for summary offences
52. Abettors in summary offences triable as principal offenders
Subdivision 3-Indictable offences triable summarily
53. Indictable offences triable summarily
54. Procedure for indictable offences triable summarily
54A. Non-appearance of corporate defendant
55. Option of verdict of attempt
Subdivision 4-Committal proceedings
56. When and how a committal proceeding must be held
56A. Compulsory examination procedure
56B. Nothing in Act affects certain powers of DPP

Division 3-Warrants
Subdivision 1-General

57. Warrants
58. Recall and cancellation of warrant
59. Duplicate warrants
60. Effect of defect or error in certain warrants
Subdivision 2-Warrant to arrest
61. Issue of warrant to arrest
62. Endorsing a warrant for bail
63. Persons to whom warrant to arrest may be directed
64. Authority conferred by warrant to arrest
65. Arrest of person against whom warrant to arrest is issued
66. Warrant to arrest following indictment or presentment
67. Person arrested to be committed for trial or bailed
Subdivision 3-Warrant to imprison
68. Issue of warrant to imprison
69. Persons to whom warrant to imprison may be directed
70. Directions in, and authority of, warrant to imprison
71. Reduction of imprisonment by payment of portion of fine
72. Provisions extend to detention in youth justice centre
Subdivision 4-Warrant to seize property
73. Warrant to seize property
74. Authority conferred by warrant to seize property
Subdivision 5-Search warrants
75. Search warrants
76. Persons to whom search warrant may be directed
77. Endorsing a warrant for bail
78. Authority conferred by search warrant
Subdivision 6-Remand warrants
79. Remand warrants
80. Persons to whom remand warrant may be directed
81. Directions in, and authority of, remand warrant
82. Remand of more than 8 clear days
Subdivision 7-Repealed
82A-82F. Repealed
Subdivision 8-Special powers of the sheriff in executing warrants
82G. Requirement to give name and address
82H. Power to temporarily restrain
82I. Power to assist police at road checks

Division 4-Appeals
Subdivision 1-Appeals to County Court

83. Appeal to County Court
84. Appeal by DPP against sentence for offence punishable summarily
85. Appeal operates as re-hearing
86. Powers of County Court on appeal
87. Repealed
88. Procedure on appeal
88AA. Costs powers of County Court on appeal
88A. Regulations may prescribe costs of appeal
89. Appellant's failure to appear
89A. Re-hearing where County Court hears appeal in appellant's absence
90. Appeal to County Court authorised by other Acts
Subdivision 2-Appeals to Court of Appeal from County Court
91. Right of appeal if County Court substitutes imprisonment for other penalty
Subdivision 3-Appeal to Supreme Court on a question of law
92. Appeal to Supreme Court on a question of law
Subdivision 4-Appeal to Court of Appeal under section 567A(1A)
of Crimes Act 1958.
92A. Appeals under section 567A(1A) of Crimes Act 1958.

Division 5-Re-hearing

93. Application for re-hearing
94. Notice of intention to apply for re-hearing
95. Automatic re-hearing in certain cases
96. Repealed

Division 6-Enforcement
Subdivision 1-Ordinary enforcement provisions

97. Imprisonment in default of payment of fine
98. Enforcement of fines against corporations
Subdivision 2-Procedure for enforcement of infringement
penalties under the Infringements Act 2006.
99. Infringement offence enforcement procedure under the Infringements Act 2006.
99A. Certain agencies may give information for enforcement
purposes

PART 5-CIVIL PROCEEDINGS

Division 1-Jurisdiction

100. Extent of jurisdiction
101. Proceedings beyond jurisdiction

Division 1A-Administration of children's funds

101A. Court orders relating to administration of children's funds

Division 1B-Transfer and payment of money to the Supreme
Court for person under disability

101B. Money held in court for person under disability

Division 2-Arbitration

102. Arbitration for small claims
103. Conduct of arbitration
104. Award
105. Costs
106. Commercial Arbitration Act not to apply

Division 3-Pre-hearing conferences

107. Pre-hearing conferences

Division 3A-Mediation

108. Power to refer proceedings to mediation
108A. Protection of mediators

Division 4-Appeals and re-hearings

109. Appeal to Supreme Court from final order made in civil proceeding
110. Re-hearing

Division 5-Enforcement

111. Enforcement of orders
112. Certificate for Supreme Court
113. Application of Imprisonment of Fraudulent Debtors Act
114. Enforcement by executors and administrators

PART 6-JUSTICES

Division 1-Justices of the peace

115. Office of justice of the peace
116. Governor in Council may revoke appointment of justices or prohibit certain justices from acting
117. Authority of justices of the peace
118. Offence to pretend to be a justice of the peace
119. Protection of justices of the peace

Division 2-Bail justices

120. Appointment of bail justices
121. Certain office-holders to be bail justices
121A. Validation of certain acts
122. Suspension or removal from office
123. Vacation of office
124. Protection of bail justices

PART 6A-ADMINISTRATIVE SERVICES AGREEMENTS

Division 1-Definitions

124A. Definitions

Division 2-Agreements

124B. Ministers may enter into administrative services agreements
124C. Subject matter of agreement
124D. Rights of access
124E. Right of intervention in management
124F. Audit rights
124G. Status of documents
124H. Investigation of administrative actions
124I. Unauthorised access to or interference with data
124J. Confidentiality

PART 7-MISCELLANEOUS

125. Business to be conducted in open court
126. Power to close proceedings to the public
126A. Power to bind over to keep the peace
127. Witness order
128. Power to adjourn proceeding
128A. Adjournment to undertake diversion program
129. Witnesses to be examined on oath
130. Evidential burden on defendant for exceptions etc.
131. Costs to be in the discretion of the Court
132. Costs liability of legal practitioner
133. Contempt in face of the Court
134. Contempt of court
135. Enforcement of orders not for the payment of money
136. Directions
136A. Court registrars etc. may be directed to act anywhere
137. Forfeitures may be sold
137A. How unsold seized property to be handled
138. Investment of trust money
139. Manner of service where none is prescribed
139A. Supreme Court-limitation of jurisdiction
140. Regulations
141-145. Repealed

PART 8-SAVINGS AND TRANSITIONALS

146-149. Repealed
150. Savings and transitionals
__________________
SCHEDULE 1-Salaries and Allowances of Magistrates

PART 1-MAGISTRATES

PART 2-ACTING MAGISTRATES
SCHEDULE 2-Summary Criminal Hearings
1. Venue of Court
1A. Pre-hearing disclosure
1B. Expert witness statement
2. Course of proceedings
3. Mention system
3A. Contest mention hearing
4. Non-appearance of informant
5. Non-appearance of defendant
6. Non-appearance of defendant-outline of evidence
7. Non-appearance of defendant-Infringements Act 2006.
SCHEDULE 3-Repealed
SCHEDULE 4-Indictable Offences which may be Heard and Determined Summarily
1. Causing serious injury recklessly
2. Extortion with threat to kill
3-13. Repealed
14. Occupier, etc. permitting unlawful sexual penetration
14A-15. Repealed
16. Theft
17. Robbery
18. Burglary
19. Aggravated burglary
20. Removal of articles from places open to the public
21. Obtaining property by deception
22. Obtaining financial advantage by deception
23. False accounting
24, 25. Repealed
26. Suppression, etc. of documents
27. Handling stolen goods
28. Repealed
29. Receipt or solicitation of secret commission by agent
30. Giving or receiving false or misleading receipt or account
31. Gift or receipt of secret commission in return for advice given
32. Secret commission to trustee in return for substituted appointment
33. Aiding and abetting offences within or outside Victoria
34. Fraudulently inducing persons to invest money
34A. Dealing with proceeds of crime
34B. Dealing with property which subsequently becomes an instrument of crime
35. Destroying or damaging property
36. Threats to destroy or damage property
37. Possessing anything with intent to destroy or damage property
37A. Computer Offences
37B. Perjury
37C. Conspiracy to cheat and defraud
37D. Conspiracy to defraud
38. Commercial quantity of RC publications, films or computer games
39. Non-compliance with compliance notice
40. Publication or transmission of child pornography
41. Unlawful interment
42. Offence to inter bodily remains in public cemetery without interment authorisation
42A. Unlawful cremation
42B. Offence to cremate without cremation authorisation
42C. Offence to make false statement in application for cremation authorisation
42D. Offence to make false statement in application for approval
for cremation by Secretary
42E. Offence to make false statement in certificate of registered medical practitioner authorising cremation
42F. Offence to exhume other than in accordance with Cemeteries and Crematoria Act 2003.
42G. Offence to dispose of falsely identified bodily remains
42H. Offence to possess, carry or use a prohibited weapon in or in
the vicinity of licensed premises
43. Non-compliance with enforcement notice-health information
44. Obtaining payment for sexual services provided by a child
45. Agreement for provision of sexual services by a child
46. Offence to have interest in more than one brothel licence or permit
47-48B. Repealed
49. Drug offences
49A. Offence for prohibited person to possess, carry or use a
firearm
49B. Offence for a non-prohibited person to possess, carry or use a longarm without a licence
49BA. Offence to possess, carry or use an unregistered longarm
49BB. Offence for non-prohibited person to possess, carry or use a handgun without a licence
49BC. Offence for holder of general category handgun licence to possess, carry or use certain types of handguns under the
licence
49BD. Offence to possess, carry or use an unregistered handgun
49C. Offence not to comply with licence conditions of longarm
licence
49D. Failure to dispose of firearms where licence not renewed
49E. Failure to surrender firearms or licence document
49F. Offence to carry on business of dealing in firearms
49G. Failure to surrender firearms or licence document
49H. Acquisition of firearms from particular persons
49I. Disposal of firearms to particular persons
49J. Acquisition of firearm from person who is not a licensed
dealer
49K. Disposal of firearm to a person who is not a licensed dealer
49L. Acquisition of firearm from place outside the State
49M. Disposal of firearm to place outside the State
49MA. Offence to finance the illegal acquisition or disposal of firearms
49N. Acquisition of firearm without a permit
49O. Notice of bringing of firearm into the State
49P. Notice of removal of firearm from the State
49Q. Storage of longarms and handguns
49R. Storage of firearms held under collectors licences
49S. Storage of firearms under dealers licences
49T. Safekeeping of firearms during carriage
49U. Use of firearm by person other than possessor
49UA. Offence to use firearm held under a firearms collectors licence
49UAB. Offence for unlicensed person to store in an insecure
manner
49V. Carriage and use of firearms
49W. Offence to alter a firearm
49WA. Offence to possess a firearm that has been altered in a particular way
49X. Offence to own a firearm without a licence to possess
49Y. Offence to dispose of a firearm to a minor
49Z. Offence to alter documents
49ZA. False entries in registers
49ZB. Offence to make false or misleading statement or to use
false or misleading information
50. Repealed
51. Killing, taking, etc. whales
52. Repealed
52A. Equipment (Public Safety) Act 1994.
53. Occupational Health and Safety Act 2004.
53A. Dangerous Goods Act 1985.
53B. Radiation Act 2005.
54. Repealed
54A. Health Services Act 1988.
55. Aggravated pollution
55A. Rail Safety Act 2006.
55B. Road Management Act 2004.
56. Marine Act
56A. Pollution of Waters by Oil and Noxious Substances Act
56B. Crimes Act
56C. Electricity Industry Act 2000.
56D. Electricity Safety Act 1998.
56E. Gas Industry Act 2001.
56F. Gas Safety Act 1997.
56G. Water Act 1989.
56H. Water Industry Act 1994.
57. Incitement
58. Attempts
59. Accessories
60. Concealing offences for benefit
61. Heritage Act 1995.
62. Infertility Treatment Act
63. Juries Act 2000.
63A. Environment Protection Act 1970.
64. Food Act 1984.
65. Sports Event Ticketing (Fair Access) Act 2002.
66. Australian Crime Commission (State Provisions) Act 2003.
67. Tobacco Act 1987.
68. Major Events (Aerial Advertising) Act 2007.
69. Police Regulation Act 1958.
70. Sex Offenders Registration Act 2004.
SCHEDULE 5-Provisions Applicable to Committal Proceedings

PART 1-PRELIMINARY
1. Definitions and provision about service
2. Power of Court to control committal proceedings
2A. Power to dispose with requirements where corporate
defendant absent

PART 2-MENTION HEARINGS
3. Special mention hearing
4. Committal mention hearing
4A. Committal case conference

PART 3-SERVICE OF PROSECUTION BRIEFS
5. Plea brief may be served by informant
6. Service of hand-up brief by informant
7. Time for service of hand-up brief
8. Rules with respect to statements
9. Rules with respect to recordings
10. Inspection of exhibits

PART 3A-TIME LIMIT APPLICABLE TO CERTAIN COMMITTAL PROCEEDINGS
10A. Time limit applicable to certain committal proceedings

PART 4-PROCEDURE WHERE PLEA BRIEF SERVED
11. Procedure where plea brief served and filed

PART 5-PROCEDURE WHERE HAND-UP BRIEF SERVED
11AA. Case direction notices
11AB. Adjournment in absence of parties
11A. No cross-examination of certain witnesses
12. Defence notice
13. Application for leave to cross-examine a witness
14. Attendance of witnesses
15. Giving of evidence by witnesses
16. Cross-examination of witnesses
17. Special rules applicable to sexual offences
18. Admissibility of non-oral evidence
19. Procedure if defendant makes admission of relevant fact or matter
20. Absence of defendant
21. Procedure if defendant absent at close of prosecution case
22. Procedure on defendant's attendance after absence
23. Determination of committal proceeding

PART 6-PROCEDURE AFTER COMMITTAL
24. Procedure after committal
24AA. Absent corporate defendant to be notified of committal
24A. Evidence taken after accused person directed to be tried
24B. Offence to fail to appear at trial

PART 7-COSTS OF COMMITTAL PROCEEDINGS
25. Costs order
26. Repealed
SCHEDULE 6-Procedure on Appeals to the County Court
1. Service of notice of appeal
2. Undertaking to prosecute appeal
3. Stay of order
4. Bail pending appeal
5. Service of notices
6. Abandonment of appeal
7. Costs on abandonment
8. One notice of appeal for two or more sentencing orders
9. Appeal against aggregate sentence
SCHEDULE 7-Repealed
SCHEDULE 8-Savings and Transitionals
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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