Version No. 013
Magistrates' Court General Regulations 2000
S.R. No. 69/2000
Version incorporating amendments as at 1 August 2004
table of provisions
RegulationPage
1
RegulationPage
Part 1—Preliminary
101.Objectives
102.Authorising provision
103.Commencement
104.Revocation
105.Definition
Part 2—Appointments
201.Oath of office
202.Bail justices
Part 3—The Court Record
301.Authentication of orders
302.Issue and authentication of process
303.Authentication of warrants
304.Particulars of warrants to be entered in the register
305.Issue of some warrants to seize property
306.Issue of some penalty enforcement warrants
Part 4—PERIN Court, Appearance by Audio Visual Link
401.PERIN court
402.Appearance by audio visual link
Part 5—Documents
501.Content and form of documents
Part 6—Service
601.Offences for which a summons may be served by post
602.Last known place of residence or business
603.Service of civil process by a member of the police force
Part 6A—Pre-hearing Disclosure
650.Pre-hearing disclosure by electronic transmission
Part 7—Witness Summonses in Criminal Proceedings
701.Form of witness summons
Part 8—Summonses Issued by Informant
801.Issue of summons—prescribed persons and prescribed summaryoffences
802.Revoked15
Part 8A—Enforcement of Fines
850.Definitions
851.Proper officers
852.Application for time to pay, instalment order or variation of instalment order
853.Consideration of application
854.Determination of the application
855.Enforcement of fines against a natural person
856.Declaration of liability of a director for offence of body corporate
857.Enforcement of fine against body corporate
Part 9—Warrants to Seize Property
901.Application
902.Form of warrant
903.Execution of warrant
904.Form of pre-hearing disclosure notice
Part 10—Penalty Enforcement Warrants
1001.Application
1002.Form of warrant
1003.Statement in writing
Part 11—Committal Proceedings
1101.Time limits applicable to certain committal proceedings
1102.Caution
Part 12—PERIN (Penalty Enforcement by Registration of Infringement Notices)
1201.Enforcement agencies
1202.Continuing offence provision
1203.Infringement notice
1204.Penalty notice, prescribed offence
1205.Courtesy letter—section 87 of the Road Safety Act
1206.Courtesy letter—section 88 of the Road Safety Act
1207.PERIN forms
1207A.Minimum registrable amount
1208.Enforcement against body corporate—prescribed person
may state that a person was a director
1209.Specified agencies under section 99A
Part 13—Forms
1301.Prescribed forms
1302.Advice in other languages
1302A.Notice concerning outline of evidence and clause6 of Schedule2 of the Act
1303.Non-compliance with prescribed forms
______
SCHEDULES
SCHEDULE 1—Revocations
SCHEDULE 2—Oaths of Office
SCHEDULE 3—Prescribed Venues of the Court for the Purposes of Section 82 of the Magistrates' Court Act 1989
SCHEDULE 4—Areas in which a Member of the Police Force is Not Required to Serve Process in a Civil Proceeding
SCHEDULE 5—Forms in Criminal Proceedings
Form 1—Witness Summons
Form 2—Warrant to Seize Property
Form 3—Important: Do Not Ignore this Document
Form 4—Certified Extract
Form 5—Charge
Form 6—Continuation of Charges
Form 7—Charge and Summons
Form 8—Charge and Warrant to Arrest
Form 9—Affidavit/Declaration of Service of Summons to Answer to aCharge
Form 10—Brief of Evidence
Form 10A—Notice Accompanying an Outline of Evidence
Form 11—Warrant to Arrest
Form 12—Remand Warrant
Form 13—Warrant to Imprison
Form 14—Warrant to Imprison
Form 15—Search Warrant
Form 16—Notice of Committal Mention Date
Form 17—Election to Stand Trial without a Committal Proceeding being Conducted
Form 18—Application for a Rehearing
Form 19—Notice
SCHEDULE 6—Perin Forms
Form 1—Details to be Included in the Document Provided to the Registrar under Clause4(1)(a) of Schedule 7
Form 2—Certificate for Registration of Infringement Penalties
Form 3—Non Registration of an Infringement Penalty
Form 4—Notice of Enforcement Order
Form 5—Warning Notice
Form 6—Non Referral of an Offence to Court
Form 7—Penalty Enforcement Warrant
Form 8—Statement Setting out the Effect of Giving Consent to the Seizure or Taking of Personal Property used Primarily as
a means of Transport
SCHEDULE 7—Specified Agencies for the Purposes of Section99A
SCHEDULE 8—Payment and Enforcement of Fines
Form 1—Application for Time to Pay a Fine
Form 2—Application for Community-based Order
Form 3—Community-based Order in Default of Payment of a Fine
Form 4—Notice about the Procedure for Enforcement of Fines
Form 5—Consent to the Making of a Community-based Order for Unpaid Work in Lieu of Payment of a Fine
Form 6—Summons for Failure to Pay a Fine
Form 7—Notice about the Procedure for Enforcement of a Fine (BodiesCorporate)
SCHEDULE 9—Enforcement Agencies
═══════════════
ENDnotes
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 013
Magistrates' Court General Regulations 2000
S.R. No. 69/2000
Version incorporating amendments as at 1 August 2004
1
Magistrates' Court General Regulations 2000
S.R. No. 69/2000
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
(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.
104.Revocation
The Regulations in Schedule 1 are revoked.
105.Definition
r. 105
In these Regulations ''the Act'' means the Magistrates' Court Act 1989.
______
Part 2—Appointments
201.Oath of office
r. 201
(1)For the purposes of sections 7(5), 9(7), 120(3) and 121(3) of the Act, the oath of office for a magistrate, an acting magistrate and a 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 and a justice of the peace must be administered by a magistrate who must forward to the Attorney-General a certificate of administration.
202.Bail justices
A prescribed classification for the purposes of section 121 of the Act is a classification of—
Reg. 202(a) amendedby S.R. No. 132/2003 reg.3(a).
(a)Grade 3, Grade 4, Grade5 or Grade 6 in the public service in which the employee is 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;
Reg. 202(b) amendedby S.R. No. 132/2003 reg.3(b).
(b)Grade 2, Grade 3, Grade 4, Grade 5 or Grade6 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. 202
______
Part 3—The Court Record
301.Authentication of orders
r. 301
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 warrant is issued and the person to whom the warrant is directed for execution.
305.Issue of some warrants to seize property
r. 305
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.
306.Issue of some penalty enforcement warrants
For the purposes of section 82C(2A)(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.
______
Part 4—PERIN Court, Appearance by Audio Visual Link
Reg. 401 substituted by S.R. No. 8/2003 reg. 4.
401.PERIN court
r. 401
The following venue of the Court is prescribed as a venue at which any proceeding or procedure set out in Schedule7 to the Act is to be brought or taken—
436 Lonsdale Street Melbourne.
402.Appearance by audio visual link
For the purposes of section 82(2) of the Act, the venues of the Court referred to in Schedule 3 are prescribed.
______
Part 5—Documents
501.Content and form of documents
r. 501
A document, other than a prescribed form, prepared by a party for use in the Court must be prepared in accordance with rule 3.05 of the Magistrates' Court Civil Procedure Rules 1999.
______
Part 6—Service
601.Offences for which a summons may be served by post
r. 601
For the purposes of section 36(1) of the Act, the following offences are prescribed—
(a)summary offences against any of the following Acts or against any subordinate instruments made under those Acts—
Education Act 1958
Environment Protection Act 1970
Firearms Act 1996
Food Act 1984
Labour and Industry Act 1958
Liquor Control Reform Act 1998
Litter Act 1987
Local Government Act 1989
Lotteries Gaming and Betting Act 1966
Marine Act 1988
Port Services Act 1995
Prevention of Cruelty to Animals Act 1986
Private Agents Act 1966
Road Safety Act 1986
Summary Offences Act 1966
Transport Act 1983
Vagrancy Act 1966;
(b)taxation offences within the meaning of PartIII of the Taxation Administration Act 1953 of the Commonwealth;
(c)offences punishable only by a fine of 20penalty units or less, whether or not any amount is also payable by way of tax, additional tax or duty.
602.Last known place of residence or business
r. 602
For the purposes of section 36(2) of the Act, the last known place of residence or business of a defendant is to be ascertained as follows—
(a)if the alleged offence arises out of the driving or use of a motor vehicle, the address of the defendant appearing on—
(i)the driver licence produced by the defendant at the time of or during the investigation of the offence; or
(ii)the certificate of registration of the motor vehicle issued under the Road Safety Act 1986 or under any corresponding Act or law of any State or Territory of the Commonwealth;
(b)if the alleged offence arises out of the use of a vessel within the meaning of the Marine Act 1988, the address of the defendant appearing on the certificate of registration of the vessel as prescribed under the Marine Act 1988 or under any corresponding Act or law of any State or Territory of the Commonwealth;
(c)in any case—
(i)the address of the defendant appearing on any valid licence, registration or authority held by the defendant and issued under the Act under which the defendant is to be charged; or
(ii)the address given by the defendant during the investigation of the offence.
603.Service of civil process by a member of the police force
r. 603
A member of the police force is not required to serve process in a civil proceeding in an area referred to in Schedule 4.
______
Pt 6A (Heading and reg.650) insertedby S.R.No. 96/2002 reg.4.
Part 6A—Pre-hearing Disclosure
Reg.650 insertedby S.R.No. 96/2002 reg.4.
650.Pre-hearing disclosure by electronic transmission
r. 650
(1)For the purposes of clause 1A(2A) of Schedule 2 of the Act, a prescribed agency is—
the Public Correctional Enterprise in the Department of Justice.
(2)For the purposes of clause 1A(2A) of Schedule 2 of the Act, the prescribed database to which documents may be electronically transmitted or electronically accessed is—
E*Justice Database.
______
Part 7—Witness Summonses in Criminal Proceedings
701.Form of witness summons
r. 701
(1)A witness summons must be in Form 1 of Schedule 5.
(2)A summons to give evidence may be directed to any number of persons.
(3)A summons—
(a)to produce documents or things; or
(b)to give evidence and produce documents or things—
must be directed to one person only except in the case of partners where the summons may be directed to all members of the firm.
______
Part 8—Summonses Issued by Informant
Reg. 801 substitutedby S.R. No. 96/2002 reg.5.
801.Issue of summons—prescribed persons and prescribed summary offences
r. 801
(1)For the purposes of section 30(1)(b) of the Act, a summary offence set out in column 1 of the Table is a prescribed summary offence.
(2)For the purposes of section 30(1)(b) of the Act, a person listed in column 2 of the Table is a prescribed person for the summary offence applicable to the person as set out in column 1 of the Table.
TABLE
Column 1Summary offences / Column 2
Prescribed persons
Section 18W(1) of the Sentencing Act 1991. / Members of staff employed in the Office of Public Prosecutions as legal practitioners or as legal executives;
Members of staff employed in CORE—thePublic Correctional Enterprise in the Department of Justice—asSenior Prosecutions Officers;
Community Corrections Officers.
Section 26(1) of the Sentencing Act 1991. / Members of staff employed in the Office of Public Prosecutions as legal practitioners or as legal executives;
Members of staff employed in CORE—thePublic Correctional Enterprise in the Department of Justice—asSenior Prosecutions Officers;
Community Corrections Officers.
Column 1
Summary offences / Column 2
Prescribed persons
Section 31(1) of the Sentencing Act 1991. / Members of staff employed in the Office of Public Prosecutions as legal practitioners or as legal executives.
Section 47(1) of the Sentencing Act 1991. / Members of staff employed in the Office of Public Prosecutions as legal practitioners or as legal executives;
Members of staff employed in CORE—the Public Correctional Enterprise in the Department of Justice—as Senior Prosecutions Officers;
Community Corrections Officers.
Section 79(1) of the Sentencing Act 1991. / Members of staff employed in the Office of Public Prosecutions as legal practitioners or as legal executives.
Reg.802 revokedby S.R. No. 96/2002 reg.5
*****
r. 801
______
Pt 8A (Heading and regs 850–857) inserted by S.R. No. 22/2002 reg. 5.
Part 8A—Enforcement of Fines
Reg. 850 inserted by S.R. No. 22/2002 reg. 5.
850.Definitions
r. 850
In this Part—
"offender" means a person on whom the Court has imposed a fine;
"person in default" means a person who has failed to pay a fine or an instalment under an instalment order and includes a director of a body corporate who is the subject of a declaration under section 50(6) of the Sentencing Act 1991;
"regional manager", in relation to an intensive correction order or a community-based order, means the person appointed under Part4 of the Corrections Act 1986 to be the Regional Manager of the region in which the community corrections centre specified in the order is located.
Reg. 851 inserted by S.R. No. 22/2002 reg. 5.
851.Proper officers
For the purposes of Division 4 of Part 3 of the Sentencing Act 1991,all registrars and deputy registrars of the Court are proper officers of the Court.
Reg. 852 inserted by S.R. No. 22/2002 reg. 5.
852.Application for time to pay, instalment order or variation of instalment order
An application under section 55 of the Sentencing Act 1991 by an offender must be made by—
(a)attending in person during normal business hours at the Court and making an oral application to the proper officer and, in the case of an application under paragraph (d) of section 55(1) of that Act, filing a completed Form 1 of Schedule 8 with the proper officer; or
(b) if the offender—
(i)is resident outside Victoria; or
(ii)is held in a prison, police gaol or youth training centre; or
(iii)is unable to attend personally because of illness, infirmity or distance from the Court—
by sending, in the case of an application under paragraph (a), (b) or (c) of section 55(1) of that Act, a completed Form 1 of Schedule 8 and, in the case of an application under paragraph (d) of section 55(1) of that Act, a completed Form 2 of Schedule 8 by post to the proper officer.
Reg. 853 inserted by S.R. No. 22/2002 reg. 5.
853.Consideration of application
r. 853
(1)The proper officer must consider an application under section 55(1) or (2) of the Sentencing Act 1991 as soon as practicable.
(2)In considering an application the proper officer may—
(a)question the offender about his or her financial circumstances; and
(b)require the offender to produce any document concerning his or her financial circumstances that is reasonably accessible to the offender.
(3)The proper officer may—
(a)adjourn an application for a total period not exceeding one month from the day on which the application is considered by the proper officer; and
(b)stay execution of the fine during the adjournment.
Reg. 854 inserted by S.R. No. 22/2002 reg. 5.
854.Determination of the application
r. 854
(1)An order made under paragraph (a) of section 55(1) of the Sentencing Act 1991 for time to pay a fine must include the date by which the fine is to be paid.
(2)An instalment order or variation of an instalment order made under paragraph (b) or (c) of section 55(1) of the Sentencing Act 1991 must include—
(a)the total amount to be paid; and
(b)the amount of each instalment; and
(c)the date on which each instalment must be paid.
(3)A community-based order made under paragraph(d) of section 55(1) of the Sentencing Act 1991 must be in Form 3 of Schedule 8.
(4)The proper officer must cause a copy of the order to be delivered to the applicant personally or by post without delay.
Reg. 855 inserted by S.R. No. 22/2002 reg. 5.
855.Enforcement of fines against a natural person
Reg. 855(1) amended by S.R. No. 9/2003 reg.5(1).
(1)The prescribed form for a consent under section 62(7)(b) of the Sentencing Act 1991 to the making of a community-based order requiring a person in default to perform unpaid community work is Form 5 of Schedule 8.
Reg. 855(2) amended by S.R. No. 9/2003 reg.5(2).
(2)The statement in writing required by section 62(8) of the Sentencing Act 1991 must be in Form 4 of Schedule 8.
(3)A community-based order under section 62(9) of the Sentencing Act 1991 requiring a person in default to perform unpaid community work must be in Form 3 of Schedule 8.
(4)The prescribed form for a summons issued under section 64(1) of the Sentencing Act 1991 is Form6 of Schedule 8.
(5)A summons under section 64(1) of the Sentencing Act 1991 may be issued by a registrar of the Court under the direction of a magistrate.
(6)If the last known address of the person in default is within Victoria, a summons issued under sub-regulation (5) may be served by post directed to that address.
(7)If a person in default—
(a)has been taken into custody in accordance with a warrant to arrest issued under section64 of the Sentencing Act 1991; and
(b)the outstanding amount of the fine specified in the warrant is paid—
the person may be released from custody without being taken before the Court.
Reg. 856 inserted by S.R. No. 22/2002 reg. 5.