magistrates' court general regulations 2000file/00-69sr035.docx · web viewocpc-vic, word...

Version No. 035

Magistrates' Court General Regulations 2000S.R. No. 69/2000

Version incorporating amendments as at 1 January 2011

TABLE OF PROVISIONSRegulation Page

PART 1—PRELIMINARY 1

101 Objectives 1102 Authorising provision 1103 Commencement 1104 Revocation 2105 Definition 2

PART 2—APPOINTMENTS 3

Division 1—Oaths of office 3

201 Oath of office 3

Division 2—Bail justices 3

202 Prescribed office-holders to be bail justices 3203 Appointment training for bail justices 4204 Application for appointment as a bail justice 4205 Re-appointment training for bail justices 7206 Application for re-appointment as a bail justice 7207 Application for appointment or re-appointment as an acting

bail justice 8208 Training for people holding prescribed offices 10209 Code of conduct for bail justices and acting bail justices 10210 Notification obligations on bail justices and acting bail justices 10

PART 3—THE COURT RECORD 12

301 Authentication of orders 12302 Issue and authentication of process 12303 Authentication of warrants 12304 Particulars of warrants to be entered in the register 12305 Issue of some warrants to seize property 13306 Revoked 13

1

PART 4—VENUES OF THE COURT 14

401 Revoked 14402 Venues of the Court—section 82(2) 14

PART 5—Revoked 14

501 Revoked 14

PART 6—SERVICE 15

601–602 Revoked 15603 Service of civil process by a member of the police force 15

PARTS 6A–8A—Revoked 16

650–857 Revoked 16

PART 9—WARRANTS TO SEIZE PROPERTY 17

901 Application 17902 Revoked 17903 Execution of warrant 17904 Revoked 18

PARTS 10–12—Revoked 18

1001–1216 Revoked 18

PART 13—FORMS 19

1301 Prescribed forms—warrants 191302–1303 Revoked 19

__________________

SCHEDULES 20

SCHEDULE 1—Revoked 20

SCHEDULE 2—Oaths of Office 21

SCHEDULE 2A—Code of Conduct for Bail Justices and Acting Bail Justices 22

SCHEDULE 3—Prescribed Venues of the Court for the Purposes of Section 82(2) of the Magistrates' Court Act 1989 25

SCHEDULE 4—Areas in which a Member of the Police Force is not Required to Serve Process in a Civil Proceeding 26

SCHEDULES 5–11—Revoked 28

═══════════════

2

ENDNOTES 30

1. General Information 30

2. Table of Amendments 31

3. Explanatory Details 34

3

Version No. 035


Version incorporating amendments as at 1 January 2011

PART 1—PRELIMINARY

101 Objectives

The objectives of these Regulations are to prescribe—

(a) oaths of office; and

(b) offences for which certain procedures set out in the Act may be used; and

(c) the procedure applicable to warrants to seize property in criminal proceedings; and

(d) matters relating to the procedure for enforcement of infringement penalties; and

(e) forms for use in criminal proceedings in the Magistrates' Court; and

(ea) matters relating to bail justices and acting bail justices; and

(f) other matters required or necessary to be prescribed by the Magistrates' Court Act 1989.

102 Authorising provision

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

103 Commencement

These Regulations come into operation on 15 July 2000.

1

Reg. 101(ea) inserted by S.R. No. 122/2010 reg. 5.

104 Revocation

The Regulations in Schedule 1 are revoked.

105 Definition

In these Regulations the Act means the Magistrates' Court Act 1989.

_______________

2

r. 104

PART 2—APPOINTMENTS

Division 1—Oaths of office

201 Oath of officer. 201

Reg. 201(1) amended by S.R. No. 122/2010 reg. 7(1).

(1) For the purposes of sections 7(5), 120H and 121(3) of the Act, the oath of office for a magistrate, an acting magistrate, a bail justice and an acting bail justice is set out in Part 1 of Schedule 2.

(2) For the purposes of section 115(4) of the Act, the oath of office for a justice of the peace is set out in Part 2 of Schedule 2.

(3) An oath of office for a bail justice, an acting bail justice and a justice of the peace must be administered by a magistrate who must forward to the Attorney-General a certificate of administration.

Division 2—Bail justices

202 Prescribed office-holders to be bail justices

A prescribed classification for the purposes of section 121 of the Act is a classification of—

(a) Grade 3, Grade 4, Grade 5 or Grade 6 in the public service in which the employee is

Pt 2 Div. 1 (Heading) inserted by S.R. No. 122/2010 reg. 6.

Reg. 201(3) amended by S.R. No. 122/2010 reg. 7(2).

Pt 2 Div. 2 (Heading) inserted by S.R. No. 122/2010 reg. 8.

Reg. 202 (Heading) inserted by S.R. No. 122/2010 reg. 9.

Reg. 202(a) amended by S.R. No. 132/2003 reg. 3(a).


3

required to perform the duties of any one or more of the following—

(i) Prothonotary or deputy Prothonotary of the Supreme Court;

(ii) registrar or deputy registrar of the County Court;

(iii) principal registrar of the Court;

(iv) registrar or deputy registrar of the Court;

(v) registrar or deputy registrar of the Children's Court at Melbourne;

(b) Grade 2, Grade 3, Grade 4, Grade 5 or Grade 6 in the public service in which the employee is required to perform the duties of associate to a judge of the Supreme Court or the County Court.

r. 203Reg. 203 inserted by S.R. No. 122/2010 reg. 10.

203 Appointment training for bail justices

For the purposes of section 120A(2)(e) of the Act, the prescribed course of training for appointment as a bail justice is the training approved by the Secretary of the Department of Justice to enable bail justices to be competent to—

(a) fulfil their functions under Victorian law; and

(b) fulfil their obligations under the code of conduct in Schedule 2A.

204 Application for appointment as a bail justice

For the purposes of section 120B(2)(a) of the Act, the prescribed particulars are—

(a) the full name of the applicant; and

Reg. 202(b) amended by S.R. No. 132/2003 reg. 3(b).

Reg. 204 inserted by S.R. No. 122/2010 reg. 10.


4

(b) the current residential address, postal address, telephone number and email address of the applicant; and

(c) the permanent residential address of the applicant, if different from his or her current residential address; and

(d) confirmation that the applicant is an Australian citizen; and

(e) the date of birth of the applicant; and

(f) whether the applicant is currently a justice of the peace in Victoria or any other State or Territory of Australia; and

(g) whether the applicant has previously applied to be a bail justice and the outcome of that application; and

(h) confirmation that the applicant is fluent in the English language; and

(i) any language other than English spoken by the applicant, including the level of fluency; and

(j) the applicant's emergency contact, including name, telephone number, and relationship to the applicant; and

(k) the current occupation and position of the applicant, including the name, address and telephone number of his or her current employer, and the period of employment with that employer; and

(l) details of any criminal offence the applicant has been charged with or found guilty of in Australia or overseas; and

(m) details of any civil proceeding brought against the applicant in Australia or overseas; and

r. 204


5

(n) whether the applicant is a bankrupt or the property of the applicant is subject to control under the law relating to bankruptcy; and

(o) details of any suspension or disqualification of the applicant from holding any licence, registration, certificate or membership of any profession, business, trade or industry; and

(p) details of any disqualification of the applicant from the management of a company under the Corporations Act 2001 of the Commonwealth; and

(q) the applicant's reasons for seeking appointment as a bail justice; and

(r) the applicant's community involvement over the past 10 years, including roles held and the dates roles were held; and

(s) the availability of the applicant to be rostered for duty as a bail justice; and

(t) three referees for the applicant, including the referees' names, addresses, telephone numbers, period of acquaintance with the applicant, and relationship to the applicant; and

(u) whether or not the applicant consents to—

(i) the Department of Justice checking the applicant against the registers administered by the Australian Securities and Investments Commission, and the National Personal Insolvency Index administered by the Insolvency and Trustee Service Australia; and

(ii) Victoria Police releasing the results of the applicant's police record check directly to the Department of Justice.

r. 204


6

205 Re-appointment training for bail justices

For the purposes of section 120C(2)(a) of the Act, the prescribed course of training for re-appointment as a bail justice is the training approved by the Secretary of the Department of Justice to update bail justices' knowledge and competency to enable them to—

(a) fulfil their functions under Victorian law; and

(b) fulfil their obligations under the code of conduct in Schedule 2A.

206 Application for re-appointment as a bail justice

For the purposes of section 120D(2)(a) of the Act, the prescribed particulars are—




(d) the bail justice number of the applicant; and

(e) details of any criminal offence the applicant has been charged with or found guilty of in Australia or overseas in the five years immediately preceding the application; and

(f) details of any civil proceeding brought against the applicant in Australia or overseas in the five years immediately preceding the application; and


r. 205



7

(g) whether the applicant is a bankrupt or the property of the applicant is subject to control under the law relating to bankruptcy; and

(h) details of any suspension or disqualification of the applicant from holding any licence, registration, certificate or membership of any profession, business, trade or industry in the five years immediately preceding the application; and

(i) details of any disqualification of the applicant from the management of a company under the Corporations Act 2001 of the Commonwealth in the five years immediately preceding the application; and

(j) whether or not the applicant consents to—



207 Application for appointment or re-appointment as an acting bail justice

For the purposes of section 120F(2)(a) of the Act, the prescribed particulars are—




r. 207


8


(d) the bail justice number of the applicant; and

(e) details of any criminal offence that the applicant has been charged with or found guilty of in Australia or overseas in the five years immediately preceding the application, or, in an application for re-appointment, in the year immediately preceding the application; and

(f) details of any civil proceeding brought against the applicant in Australia or overseas in the five years immediately preceding the application, or, in an application for re appointment, in the year immediately preceding the application; and

(g) whether the applicant is a bankrupt or the property of the applicant is subject to control under the law relating to bankruptcy; and

(h) details of any suspension or disqualification of the applicant from holding any licence, registration, certificate or membership of any profession, business, trade or industry in the five years immediately preceding the application, or, in an application for re-appointment, in the year immediately preceding the application; and

(i) details of any disqualification of the applicant from the management of a company under the Corporations Act 2001 of the Commonwealth in the five years immediately preceding the application, or, in an application for re-appointment, in the year immediately preceding the application; and

(j) whether or not the applicant consents to—

r. 207


9



208 Training for people holding prescribed offices

For the purposes of section 121(3)(aa) of the Act, the prescribed course of training is the training provided by the Magistrates' Court of Victoria to enable prescribed office-holders to fulfil their bail justice functions in accordance with Victorian law.

209 Code of conduct for bail justices and acting bail justices

For the purposes of the definition of code of conduct in section 120 of the Act, the code of conduct set out in Schedule 2A is prescribed.

210 Notification obligations on bail justices and acting bail justices

(1) A bail justice or acting bail justice must notify the Secretary of the Department of Justice in writing as soon as practicable after—

(a) the bail justice or acting bail justice is charged with a criminal offence in Australia or overseas;

(b) the bail justice or acting bail justice has a civil proceeding commenced against him or her in Australia or overseas;


r. 208




10

(c) the finalisation and outcome of that criminal proceeding or civil proceeding;

(d) the bail justice or acting bail justice is declared bankrupt or his or her property becomes subject to control under the law relating to bankruptcy;

(e) the bail justice or acting bail justice is suspended or disqualified from holding any licence, registration, certificate or membership of any profession, business, trade or industry;

(f) the bail justice or acting bail justice is disqualified from managing a company under the Corporations Act 2001 of the Commonwealth;

(g) the bail justice or acting bail justice changes his or her employment.

(2) A bail justice or an acting bail justice must notify the Secretary of the Department of Justice in writing within 14 days after—

(a) any change to the personal details of the bail justice or acting bail justice, including residential address, postal address, telephone number and email address;

(b) the bail justice or acting bail justice becomes unable to perform the role of bail justice for a period of more than one month.

__________________

r. 210


11

PART 3—THE COURT RECORD

301 Authentication of orders

For the purposes of section 18(2) of the Act, an order may be authenticated—

(a) if the order is entered in writing in the register, by signing the entry; or

(b) if the order is entered into a computerised data storage and retrieval system, by entering confirmation of the order into the system.

302 Issue and authentication of process

Process may be issued or authenticated by—

(a) the signature of; or

(b) stamping with the facsimile signature stamp by—

the person issuing or authenticating the process.

303 Authentication of warrants

For the purposes of section 57(9) of the Act the execution copy of a warrant produced by a computer data storage and retrieval system may be authenticated by the person who issued the warrant including on that copy his or her name and the date of issue of the warrant.

304 Particulars of warrants to be entered in the register

For the purposes of section 57(2) of the Act, the following particulars are prescribed—

(a) type of warrant issued;

(b) date of issue of warrant;

(c) in the case of a warrant to seize property or a warrant to imprison issued for non-payment of a fine, the sum in respect of which the

r. 301


12

warrant is issued and the person to whom the warrant is directed for execution.

305 Issue of some warrants to seize property

For the purposes of section 73(3A)(a) of the Act the prescribed particulars are—

(a) the direction of the warrant to the sheriff; and

(b) the sum in respect of which the warrant is issued, including the prescribed fee payable on the issue of the warrant.

* * * * *

_______________

r. 305

Reg. 306 revoked by S.R. No. 170/2009 reg. 5.


13

PART 4—VENUES OF THE COURT

* * * * *

402 Venues of the Court—section 82(2)

For the purposes of section 82(2) of the Act, the venues of the Court referred to in Schedule 3 are prescribed.

_______________

* * * * *

Pt 4 (Heading) substituted by S.R. No. 170/2009 reg. 6.

Reg. 401 substituted by S.R. No. 8/2003 reg. 4, revoked by S.R. No. 76/2006 reg. 4(1).

Reg. 402 (Heading) inserted by S.R. No. 170/2009 reg. 7.

r. 402

Pt 5 (Heading and reg. 501) revoked by S.R. No. 170/2009 reg. 8.


14

PART 6—SERVICE

* * * * *

r. 603Reg. 602 revoked by S.R. No. 170/2009 reg. 10.

* * * * *

603 Service of civil process by a member of the police force

A member of the police force is not required to serve process in a civil proceeding in an area referred to in Schedule 4.

__________________



15

* * * * *

* * * * *

* * * * *

* * * * *

Pt 6A (Heading and reg. 650) inserted by S.R. No. 96/2002 reg. 4, revoked by S.R. No. 170/2009 reg. 11.

r. 650

Pt 7 (Heading and reg. 701) revoked by S.R. No. 170/2009 reg. 12.

Pt 8 (Heading and regs 801, 802) amended by S.R. No. 96/2002 reg. 5, revoked by S.R. No. 170/2009 reg. 13.Pt 8A (Heading and regs 850–857) inserted by S.R. No. 22/2002 reg. 5, amended by S.R. No. 9/2003 reg. 5, revoked by S.R. No. 170/2009 reg. 14.


16

PART 9—WARRANTS TO SEIZE PROPERTY

901 Application

This Part applies to every warrant to seize property issued for the enforcement of an order made by the Court in a criminal proceeding.

* * * * *

903 Execution of warrant

(1) Money or bank notes belonging to a person named or described in a warrant may be seized under a warrant to seize property but need not be sold.

(2) Cheques, bills of exchange, promissory notes, bonds, specialties or securities for money belonging to the person named or described in the warrant may be seized under a warrant to seize property and held as security for money due under an order or the unsatisfied part of an order. When the time for payment arrives the person to whom the warrant is directed may demand and receive payment of them and may sue in any proper court in the name of the defendant or in the name of any person in whose name the person named or described in the warrant might have sued for the recovery of the money secured or made payable by them.

(3) Subject to this Part, the rules, practice and procedure of the Supreme Court which apply to or are adopted by the sheriff in the execution of warrants of execution apply, with any necessary modification, to the execution of warrants to seize property.

* * * * *

r. 901




17

__________________

* * * * *

* * * * *

* * * * *

r. 904

Pt 10 (Heading and regs 1001–1003) revoked by S.R. No. 76/2006 reg. 4(2).

Pt 11 (Heading and regs 1101, 1102) revoked by S.R. No. 170/2009 reg. 17.

Pt 12 (Heading and regs 1201–1216) amended by S.R. Nos 7/2001 regs 4–5, 106/2001 reg. 4, 4/2002 regs 4–6, 41/2002 reg. 3, 105/2002 reg. 4, 94/2004 regs 5, 6, 137/2004 reg. 3, 10/2005 reg. 3, 6/2006 regs 5, 6, 18/2006 regs 5–7, 25/2006 reg. 5, 26/2006 reg. 3, 31/2006 reg. 5, 46/2006 reg. 5, revoked by S.R. No. 76/2006 reg. 4(2)


18

PART 13—FORMS

1301 Prescribed forms—warrants

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

* * * * *

* * * * *

* * * * *

__________________

Reg. 1301 substituted by S.R. No. 170/2009 reg. 18.

r. 1301

Reg. 1302 amended by S.R. No. 22/2002 reg. 6 (ILA s. 39B(2)), revoked by S.R. No. 170/2009 reg. 19.

Reg. 1302A inserted by S.R. No. 96/2002 reg. 6, revoked by S.R. No. 170/2009 reg. 19.Reg. 1303 revoked by S.R. No. 170/2009 reg. 19.


19

SCHEDULES

* * * * *

Sch. 1 revoked by S.R. No. 170/2009 reg. 20.

Sch. 1


20

SCHEDULE 2

OATHS OF OFFICERegulation 201(1)

PART 1

OATH OF OFFICE OF MAGISTRATE, BAIL JUSTICE OR ACTING BAIL JUSTICE

I, [full name], swear by Almighty God that as a *magistrate for Victoria/*bail justice I shall at all times and in all things do equal justice to all persons and discharge the duties of my office according to law and to the best of my knowledge and ability without fear favour or affection.

*Delete if inapplicable.

An acting bail justice is to take the same oath as a bail justice.

Regulation 201(2)

PART 2

OATH OF OFFICE OF JUSTICE OF THE PEACE

I, [full name], swear by Almighty God that as a Justice of the Peace for Victoria I shall at all times discharge the duties of my office according to the law and to the best of my knowledge and ability.

__________________

Sch. 2 amended by S.R. No. 122/2010 regs 11,12.

Sch. 2


21

SCHEDULE 2A

CODE OF CONDUCT FOR BAIL JUSTICES AND ACTING BAIL JUSTICES

Regulation 209

Conduct

1. A bail justice or an acting bail justice must maintain and uphold the oath of office and discharge the functions of a bail justice in accordance with the law to the best of his or her ability.

2. A bail justice or an acting bail justice must act, and be seen to act, independently, impartially and without prejudice or discrimination when performing his or her bail justice functions.Example

A bail justice must not discuss an application with officers of Victoria Police or the Department of Human Services before hearing a bail application under the Bail Act 1977 or an interim accommodation order application under the Children, Youth and Families Act 2005. This does not preclude a bail justice from discussing any potential safety or security concerns with those officers prior to conducting a hearing.

3. A bail justice or an acting bail justice must act, and be seen to act, with due care, diligence, honesty, integrity and respect at all times when performing his or her bail justice functions.

4. A bail justice or an acting bail justice must not—

(a) behave in a way that brings the office of bail justice into disrepute;

(b) improperly influence or attempt to influence a person when performing his or her bail justice functions;

(c) use his or her position as bail justice to gain benefit or advantage, or to be seen to gain benefit or

Sch. 2A inserted by S.R. No. 122/2010 reg 13.

Sch. 2A


22

advantage, for himself or herself, another person, an organisation or an agency;

(d) advertise his or her position as a bail justice for the purpose of advancing his or her business interests or commercial interests.

5. A bail justice or an acting bail justice must not charge a fee, or accept gifts, favours or patronage in return for performing his or her bail justice functions.

6. A bail justice or an acting bail justice must not use the letters "BJ" after his or her name.

7. A bail justice or an acting bail justice must make himself or herself reasonably available to be rostered for duty as a bail justice.

8. A bail justice or an acting bail justice must not unreasonably refuse to perform his or her duty as a bail justice when rostered to do so.

9. A bail justice or an acting bail justice must not—

(a) purport to exercise powers other than those conferred on him or her as a bail justice;

(b) provide legal advice in his or her capacity as a bail justice.

Conflict of interest

10. If a bail justice or an acting bail justice has personal, family, financial or business interests, or is a member of a recreational, professional, or personal interest organisation, or a political party, and it conflicts with a matter before him or her, the bail justice or acting bail justice must—

(a) disclose the conflict of interest; and

(b) decline to perform his or her bail justice functions.

Competency and knowledge

Sch. 2A


23

11. A bail justice or an acting bail justice must endeavour to maintain a competent knowledge of all laws applicable to the functions of a bail justice.

12. A bail justice or an acting bail justice must comply with the guidelines, if any, in effect under section 124AB of the Act.

Privacy

13. A bail justice or an acting bail justice must not make use of or disclose information or documents obtained in the course of carrying out his or her functions as a bail justice, other than for the purpose of performing those functions or as otherwise authorised or required by law.

14. A bail justice or an acting bail justice must not make public comment about any bail hearing he or she conducts, other than providing the decision made in a hearing and the reasons for that decision, confining those reasons to the factors in section 4 of the Bail Act 1977.

__________________

Sch. 2A


24

SCHEDULE 3Regulation 402

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

COURT ACT 1989

Ararat Heidelberg Orbost

Bacchus Marsh Hopetoun Ouyen

Bairnsdale Horsham Portland

Ballarat Kerang Preston

Benalla Korumburra Ringwood

Bendigo Kyneton Robinvale

Broadmeadows Latrobe Valley Sale

Castlemaine Mansfield Seymour

Cobram Maryborough Shepparton

Colac Melbourne Stawell

Corryong Mildura St Arnaud

Dandenong Moe Sunshine

Drug Court (Dandenong)

Moonee Ponds Swan Hill

Dromana Moorabbin Justice Centre (Highett)

Wangaratta

Echuca Morwell Justice Centre Warrnambool

Edenhope Myrtleford Werribee

Frankston Neighbourhood Justice Centre (Collingwood)

Wodonga

Geelong Nhill Wonthaggi

Hamilton Omeo

__________________

Sch. 3 substituted by S.R. No. 170/2009 reg. 21.

Sch. 3


25

SCHEDULE 4

AREAS IN WHICH A MEMBER OF THE POLICE FORCE IS NOT REQUIRED TO SERVE PROCESS IN A CIVIL

PROCEEDINGRegulation 603

Alpine Shire CouncilArarat Rural City CouncilBallarat City CouncilBass Coast Shire CouncilBanyule City CouncilBaw Baw Shire CouncilBayside City CouncilBoroondara City CouncilBrimbank City CouncilBuloke Shire Council (except for the area known as the former Shire of Wycheproof)Campaspe Shire CouncilCardinia Shire CouncilCasey City CouncilCentral Goldfields Shire CouncilColac-Otway Shire CouncilCorangamite Shire CouncilDarebin City CouncilDelatite Shire CouncilEast Gippsland Shire Council (except for the area known as the former Shire of Omeo)Frankston City CouncilGannawarra Shire CouncilGlen Eira City CouncilGlenelg Shire Council (except for the area known as the former Shire of Heywood)Golden Plains Shire CouncilGreater Bendigo City CouncilGreater Dandenong City CouncilGreater Geelong City CouncilGreater Shepparton City CouncilHepburn Shire CouncilHobsons Bay City Council

Horsham Rural City Council (except for the area known as the former Shire of Arapiles)Hume City CouncilIndigo Shire CouncilKingston City CouncilKnox City CouncilLa Trobe Shire CouncilLoddon Shire CouncilMacedon Ranges Shire CouncilManningham City CouncilMaribyrnong City CouncilMaroondah City CouncilMelbourne City CouncilMelton Shire CouncilMildura Rural City Council (except for the area known as the former Shire of Walpeup)Mitchell Shire CouncilMoira Shire CouncilMonash City CouncilMoonee Valley City CouncilMoorabool Shire CouncilMoreland City CouncilMornington Peninsula Shire CouncilMount Alexander Shire CouncilMoyne Shire CouncilMurrindindi Shire CouncilNillumbik Shire CouncilNorthern Grampians Shire CouncilPort Phillip City CouncilPyrenees Shire CouncilQueenscliff Borough CouncilSouth Gippsland Shire CouncilSouthern Grampians Shire Council

Sch. 4


26

Stonnington City CouncilStrathbogie Shire CouncilSurf Coast Shire CouncilSwan Hill Rural City Council (except for the area known as the former Shire of Swan Hill)Towong Shire Council (except for the area known as the former Shire of Upper Murray)Wangaratta Rural City CouncilWarrnambool City Council

Wellington Shire CouncilWhitehorse City CouncilWhittlesea City CouncilWodonga Rural City CouncilWyndham City CouncilYarra City CouncilYarra Ranges Shire CouncilYarriambiack Shire Council (except for the area known as the former Shire of Karkarooc)

__________________

Sch. 4


27

* * * * *

* * * * *

* * * * *

* * * * *

Sch. 5 amended by S.R. Nos 4/2002 reg. 7, 96/2002 reg. 7, 99/2005 reg. 3(1), 101/2009 reg. 5, revoked by S.R. No. 170/2009 reg. 22.

Sch. 5

Sch. 6 amended by S.R. Nos 7/2001 reg. 6, 4/2002 regs 8, 9, 9/2003 reg. 6(1), 94/2004 reg. 7, 99/2005 reg. 3(2), 6/2006 reg. 7, revoked by S.R. No. 76/2006 reg. 4(3).

Sch. 7 inserted by S.R. No. 4/2002 reg. 10, amended by S.R. No. 48/2006 reg. 3, revoked by S.R. No. 76/2006 reg. 4(3).

Sch. 8 inserted by S.R. No. 22/2002 reg. 7, amended by S.R. Nos 9/2003 reg. 6(2), 99/2005 reg. 3(3), revoked by S.R. No. 170/2009 reg. 23.

Sch. 8


28

* * * * *

* * * * *

* * * * *

═══════════════

Sch. 9 inserted by S.R. No. 41/2002 reg. 4, amended by S.R. No. 94/2004 reg. 8, revoked by S.R. No. 76/2006 reg. 4(3).Sch. 10 inserted by S.R. No. 6/2006 reg. 8, revoked by S.R. No. 170/2009 reg. 24.

Sch. 11 inserted by S.R. No. 18/2006 reg. 8, amended by S.R. Nos 25/2006 reg. 6, 31/2006 reg. 6, 46/2006 reg. 6, revoked by S.R. No. 76/2006 reg. 4(3).


29

ENDNOTES

1. General InformationThe Magistrates' Court General Regulations 2000, S.R. No. 69/2000 were made on 11 July 2000 by the Governor in Council under section 140 of the Magistrates' Court Act 1989, No. 51/1989 and came into operation on 15 July 2000: regulation 103.

The Magistrates' Court General Regulations 2000 will sunset on 11 July 2011: see Subordinate Legislation (Magistrates' Court General Regulations 2000 - Extension of Operation) Regulations 2010, S.R. No. 64/2010.

Endnotes


30

2. Table of AmendmentsThis Version incorporates amendments made to the Magistrates' Court General Regulations 2000 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Magistrates' Court General (Infringements) Regulations 2001, S.R. No. 7/2001Date of Making: 13.2.01Date of Commencement: 13.2.01

Magistrates' Court General (Further Infringements) Regulations 2001, S.R. No. 106/2001

Date of Making: 16.10.01Date of Commencement: 28.10.01: reg. 3

Magistrates' Court General (Infringements) Regulations 2002, S.R. No. 4/2002Date of Making: 30.1.02Date of Commencement: 10.2.02: reg. 3

Magistrates' Court General (Amendment) Regulations 2002, S.R. No. 22/2002Date of Making: 9.4.02Date of Commencement: 14.4.02: reg. 3

Magistrates' Court General (Enforcement Agencies) Regulations 2002, S.R. No. 41/2002

Date of Making: 12.6.02Date of Commencement: 12.6.02

Magistrates' Court General (Further Amendment) Regulations 2002, S.R. No. 96/2002Date of Making: 22.10.02Date of Commencement: 28.10.02: reg. 3

Magistrates' Court General (Further Infringement) Regulations 2002, S.R. No. 105/2002


Magistrates' Court General (PERIN Court) Regulations 2003, S.R. No. 8/2003Date of Making: 29.1.03Date of Commencement: 1.2.03: reg. 3

Magistrates' Court General (Miscellaneous Amendments) Regulations 2003, S.R. No. 9/2003


Magistrates' Court General (Amendment) Regulations 2003, S.R. No. 132/2003Date of Making: 5.11.03Date of Commencement: 5.11.03

Magistrates' Court General (Infringements) Regulations 2004, S.R. No. 94/2004Date of Making: 27.7.04Date of Commencement: 1.8.04: reg. 3

Endnotes


31

Magistrates' Court General (Further Infringements) Regulations 2004, S.R. No. 137/2004

Date of Making: 9.11.04Date of Commencement: 9.11.04

Magistrates' Court General (Amendment) Regulations 2005, S.R. No. 10/2005Date of Making: 16.3.05Date of Commencement: 16.3.05

Magistrates' Court General (Penalty Units) Regulations 2005, S.R. No. 99/2005Date of Making: 16.8.05Date of Commencement: 16.8.05

Magistrates' Court General (Amendment) Regulations 2006, S.R. No. 6/2006Date of Making: 31.1.06Date of Commencement: 1.2.06: reg. 3

Magistrates' Court General (Further Amendment) Regulations 2006, S.R. No. 18/2006Date of Making: 28.2.06Date of Commencement: 1.3.06: reg. 3

Magistrates' Court General (Further Waiver Amendment) Regulations 2006, S.R. No. 25/2006


Magistrates' Court General (Infringements) Regulations 2006, S.R. No. 26/2006Date of Making: 14.3.06Date of Commencement: 14.3.06

Magistrates' Court General (Waiver Periods Further Amendment) Regulations 2006, S.R. No. 31/2006


Magistrates' Court General (Fifth Waiver Period Amendment) Regulations 2006, S.R. No. 46/2006


Magistrates' Court General (Specified Agencies) Regulations 2006, S.R. No. 48/2006Date of Making: 9.5.06Date of Commencement: 9.5.06

Infringements (General) Regulations 2006, S.R. No. 76/2006Date of Making: 27.6.06Date of Commencement: Reg. 4(1)–(3) on 1.7.06: reg. 3

Magistrates' Court General Amendment Regulations 2009, S.R. No. 101/2009Date of Making: 1.9.09Date of Commencement: 3.9.09: reg. 3


Endnotes


32


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Endnotes


33

3. Explanatory DetailsNo entries at date of publication.

Endnotes


34

magistrates' court general regulations 2000file/00-69sr035.docx · web viewocpc-vic, word...

Documents