Magistrates' Court Act 1989

Authorised Version No. 238

Magistrates' Court Act 1989

Preliminary

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
• 4D Establishment of Koori Court Division
• 4E Jurisdiction of Koori Court Division
• 4EA Circumstances in which Koori Court Division may deal with contravention of a sentence imposed by another Division of the Magistrates' Court
• 4F Circumstances in which Koori Court Division may deal with certain offences
• 4FA Certain matters may be dealt with by Koori Court Division only in certain venues
• 4G Sentencing procedure in Koori Court Division
• 4IA Establishment of Specialist Family Violence Court Division
• 4IB Jurisdiction of Specialist 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
• 4S Assessment and Referral Court List
• 4T Eligibility criteria
• 4U Specific powers of the Assessment and Referral Court List
• 4V Adjournment of proceeding in Assessment and Referral Court List
• 4W Other adjournment powers not limited
• 4X Transfer of proceedings to and from Assessment and Referral Court List
• 4Y Completion of, and participation in, individual support plan
• 5 Where and when Court to be held
• 5A Mention courts
• 6 Magistrate to be in attendance
• 7 Appointment of magistrates
• 7A Entry into part-time service arrangement
• 7B Variation of part-time service arrangement
• 7C Suspension of part-time service arrangement
• 7D Termination of part-time service arrangement
• 8 Appointment of Acting Chief Magistrate
• 9A Appointment of reserve magistrates
• 9B Cessation of office
• 9C Chief Magistrate may engage reserve magistrate to undertake duties of a magistrate
• 9D Pension rights and service of Chief Magistrate not affected by being a reserve magistrate
• 9E Powers, jurisdiction, immunities and protection of reserve magistrate
• 9EA Power to complete matters—magistrates and reserve magistrates
• 9F Engaging in legal practice or other paid employment
• 10 Salaries, superannuation contributions, allowances and other conditions of service
• 10A Pension of Chief Magistrate
• 12 Vacation of office
• 12A Administrative responsibility of Chief Magistrate
• 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
• 16AB Constitution of Court if magistrate unable to continue and constitution of Court in certain circumstances

Part 2A - Judicial registrars

• 16B Guidelines relating to the appointment of judicial registrars
• 16C Appointment of judicial registrars
• 16D Terms and conditions of appointment
• 16DB Oath or affirmation of office
• 16E Resignation from office
• 16I Rules of Court
• 16J Performance of duties by judicial registrar
• 16K Appeal from or review of determination of Court constituted by 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

• 29 Magistrate may exercise registrar's powers
• 43 Witness summonses
• 44 Production before date for attendance
• 45 Attendance of witnesses on adjournment
• 50 Power to amend where there is a defect or error

Division 3 - Warrants

Subdivision (1) - General

• 57 Warrants
• 57A Warrants to arrest issued under Evidence Act 2008
• 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

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 (8) - Special powers of the sheriff in executing warrants

• 82I Power to assist police at road checks

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 Fines Reform Act 2014

• 99 Infringement offence enforcement procedure under the Fines Reform Act 2014
• 99A Certain agencies may give information for enforcement purposes

Part 5 - Civil proceedings

Division 1 - Jurisdiction

• 100 Extent of jurisdiction10
• 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 The Commercial Arbitration Act 2011 does not
• 106A Interaction with Civil Procedure Act 2010

Division 3 - Pre-hearing conferences

• 107 Pre-hearing conferences
• 107A Interaction with Civil Procedure Act 2010

Division 3A - Mediation11

• 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
• 110A Appeals from Court constituted by Chief Magistrate who is a dual commission holder

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 7 - Miscellaneous

• 125 Business to be conducted in open court
• 125A Court may determine matter or proceeding without oral hearing
• 126A Power to bind over to keep the peace
• 127 Witness order
• 128 Power to adjourn proceeding
• 131 Costs to be in the discretion of the Court
• 131A Costs may be determined by Costs 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 may issue or transmit court documents electronically
• 137 Forfeitures may be sold
• 138 Investment of trust money
• 139 Manner of service where none is prescribed
• 139A Supreme Court—limitation of jurisdiction
• 140 Regulations
• 141 Definitions
• 142 Rights, duties and liabilities declared in certain cases
• 143 Effect of declared rights, duties and liabilities
• 144 Protection of affected persons

Part 8 - Savings and transitionals

• 150 Savings and transitionals

Schedules

Schedule 1 - Salaries, allowances and other conditions of service of magistrates (Section 10)

Part 1 - Magistrates

Part 2 - Reserve magistrates

• 11 Salary, allowances and other conditions of service of reserve magistrate
• 11A Superannuation contributions
• 12 Appropriation of certain amounts in relation to reserve magistrates

Part 3 - Validation of past payments

• 13 Validation of certain past superannuation payments

Schedule 8 - Savings and transitionals (Section 150)

• 35 Savings provisions—instalment arrangements and payment plans
• 36 Validation of service of certain documents under

Schedule 7

• 45 Transitional provision—Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010
• 46 Transitional provisions—Bail Amendment Act 2010
• 47 Transitional provisions—Justice Legislation Amendment Act 2012
• 48 Transitional provisions—Courts and Sentencing Legislation Amendment Act 2012
• 49 Transitional provision—Criminal Procedure Amendment Act 2012
• 50 Courts Legislation Amendment (Reserve Judicial Officers) Act 2013
• 51A Transitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013
• 51B Transitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013—part-time magistrates
• 52 Savings—Open Courts Act 2013
• 53 Transitional—Courts and Other Justice Legislation Amendment Act 2013
• 54 Transitional—Justice Legislation Further Amendment Act 2016
• 55 Transitional—Family Violence Protection Amendment Act 2017
• 56 Transitional—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018—Specialist Family Violence Court Division
• 57 Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018
• 58 Validation of certain actions by protective services officers
• 59 Transitional—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022
• 59AA Transitional—Justice Legislation Amendment (Committals) Act 2025
• 60 Transitional provision—Justice Legislation Amendment (Community Safety) Act 2025