This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

Clause 12

provides that the Magistrates' Court may issue a summons or warrant to arrest. The clause provides that when a charge-sheet is filed, unless a notice to appear has already been served on the accused, an application can be made (in person or by post) to the registrar of the Magistrates' Court for the issue of either a summons or a warrant to arrest in order to compel the attendance of the accused. If he or she is satisfied that the charge discloses an offence, the registrar must issue the summons or warrant to arrest. However, in order to issue the warrant to arrest, the registrar must be satisfied by sworn evidence (whether oral or by affidavit) that it is probable that the accused will not answer a summons, has absconded, is likely to abscond or is avoiding service of a summons that has been issued, or that a warrant is required or authorised by any other Act or for good cause.