Endnotes

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Legislative Assembly: 23 March 1989

Legislative Council: 26 May 1989

The long title for the Bill for this Act was "A Bill to establish the Magistrates' Court of Victoria, to provide for the constitution, jurisdiction and proceedings of that Court, to repeal the Magistrates' Courts Act 1971 and the Magistrates (Summary Proceedings) Act 1975, to amend the Bail Act 1977, the Crimes Act 1958, the Evidence Act 1958, the Interpretation of Legislation Act 1984 and certain other Acts and for other purposes.".

The Magistrates' Court Act 1989 was assented to on 14 June 1989 and came into operation as follows:

Section 16(4) on 15 June 1989: Special Gazette (No. 32) 15 June 1989 page 1; sections 16(5), 52, 141(3)(a)–(f) on 1 September 1989: Government Gazette 30 August 1989 page 2210; rest of Act on 1 September 1990: Government Gazette 25 July 1990 page 2216.

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E).

This publication incorporates amendments made to the Magistrates' Court Act 1989 by Acts and subordinate instruments.

1 S. 9 (repealed): The amendment proposed to section 9(10) by section 8(1) of the Courts Legislation (Judicial Conduct) Act 2005, No. 16/2005 (repealed) is not included in this publication as section 9 was substituted by section 11 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005, No. 3/2005 (repealed).

2 S. 58(1): Sections 10–13 of the Magistrates' Court (Amendment) Act 1996, No. 70/1996 read as follows:

10 Payment of fines

(1) An arrangement made before 14 November 1996—

(a) for an extension of time for the payment of a fine referred to in Schedule 7 to the Principal Act; or

(b) for the payment by instalments of a fine referred to in Schedule 7 to the Principal Act—

with a person authorised to execute a penalty enforcement warrant or a warrant to seize property or a warrant to imprison issued under clause 8(1) of that Schedule is deemed to be an order referred to in clause 7(1)(a) or (b), as the case may be, of that Schedule.

(2) An arrangement made before 14 November 1996—

(a) for allowing time for the payment of a fine referred to in section 62 or 66 of the Sentencing Act 1991; or

(b) for the payment by instalments of a fine referred to in section 62 or 66 of the Sentencing Act 1991; or

(c) for a variation of—

(i) the terms of an instalment order referred to in section 62 or 66 of the Sentencing Act 1991; or

(ii) an arrangement referred to in paragraph (a) or (b)—

with a person authorised to execute a warrant to arrest issued under section 62 of that Act or a warrant to seize property issued under section 66 of that Act is deemed to be an order referred to in section 55(a), (b) or (c), as the case may be, of that Act.

11 Transitional

(1) If, before 14 November 1996, a warrant has been recalled under section 58(1) of the Principal Act and a fresh warrant for the same purpose had purportedly been issued—

(a) the recalled warrant is deemed to have been cancelled on the date on which the fresh warrant was purportedly issued; and

(b) the fresh warrant and its execution are deemed to be valid despite any lack of power to issue the fresh warrant.

(2) If, before 14 November 1996, a warrant referred to in section 58(2) of the Principal Act had been executed after its expiry under that section, the warrant and its execution are deemed to be valid despite that expiry.

(3) If, before 14 November 1996, a warrant referred to in section 58(2) of the Principal Act had expired under that section and after its expiry the amount of the fine in respect of which it was issued or any part of that amount or any amount for associated costs were paid, those amounts are deemed to have been lawfully demanded and recovered.

(4) If, before 14 November 1996, a penalty enforcement warrant or a warrant to seize property or a warrant to imprison or a warrant to arrest directed to the sheriff was purportedly issued not in paper form, the warrant is deemed to be valid if its issue would have been valid had it been issued in paper form and signed or otherwise authenticated by the person issuing it.

(5) A penalty enforcement warrant or a warrant to seize property or a warrant to imprison or a warrant to arrest which—

(a) was issued under clause 8(1) of Schedule 7 to the Principal Act or under, or in accordance with an order made under, section 62 or 66 of the Sentencing Act 1991 and included an amount for costs of execution or warrant costs; and

(b) was executed before 14 November 1996—

is deemed to have been lawfully executed.

(6) If, before 14 November 1996, a warrant was issued under clause 8(1) of Schedule 7 to the Principal Act or under, or in accordance with an order made under, section 62 or 66 of the Sentencing Act 1991 and included an amount for costs of execution or warrant costs, but before execution the amount of the fine and costs were paid, those amounts are deemed to have been lawfully demanded and recovered.

12 No proceedings may be brought

Proceedings, including proceedings—

(a) seeking damages or compensation; or

(b) seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration of right or an injunction; or

(c) seeking a writ of habeas corpus; or

(d) seeking an order under the Administrative Law Act 1978—

may not be brought in respect of any matter or thing that, by reason of the operation of this Act, is deemed to be valid or lawful or to have been validly or lawfully done.

13 Supreme Court—limitation of jurisdiction

It is the intention of section 12 to alter or vary section 85 of the Constitution Act 1975.

3 S. 58(2): Section 28(3) of the Magistrates' Court (Amendment) Act 1994, No. 33/1994 reads as follows:

28 Transitional provisions

(3) The amendments of the Principal Act made by sections 9, 11 and 22(a) to (g) (penalty enforcement warrants) apply to infringement penalties imposed before as well as after the commencement of those sections but if a penalty enforcement warrant is issued with respect to an infringement penalty imposed before that commencement—

(a) any warrant to imprison issued with respect to the infringement penalty must be recalled and cancelled in accordance with section 58(1) of the Principal Act; and

(b) a fresh demand must be made under clause 8(2) of Schedule 7 of the Principal Act as amended by this Act.

4 S. 58(2): Section 5(5) of the Magistrates' Court (Amendment) Act 1996, No. 70/1996 reads as follows:

5 Expiry of certain warrants

(5) Subsections (2) and (3) of section 58 of the Principal Act as in force before 14 November 1996 do not apply, and are deemed never to have applied, to a warrant referred to in those subsections if the warrant was executed before that date or the fine in respect of which it was issued, together with all associated costs, were paid before that date.

5 S. 58(2): See note 2.

6 S. 58(3): See note 4.

7 S. 60(1): See note 3.

8 S. 60(2): See note 3.

9 S. 82(2): S. 12 of the Evidence (Audio Visual and Audio Linking) Act 1997, No. 4/1997 reads as follows:

12 Transitional provisions

(1) An amendment made by a provision of this Act to the Evidence Act 1958, the Supreme Court Act 1986, the County Court Act 1958, the Magistrates' Court Act 1989 or the Children and Young Persons Act 1989 applies to a proceeding that is commenced to be heard on or after the twenty-first day after the commencement of that amendment, irrespective of when the proceeding was commenced or when any offence to which the proceeding relates is alleged to have been committed.

(2) For the purposes of subsection (1) in its application to criminal proceedings—

(a) a trial is commenced to be heard on arraignment of the accused person; and

(b) a hearing of a charge for an offence is commenced to be heard on the taking of a formal plea from the accused person.

10 S. 100: See section 3(1) def. of jurisdictional limit.

11 Pt 5 Div. 3A: Section 47(2) of the Courts and Tribunals (General Amendment) Act 1996, No. 64/1996 reads as follows:

47 Magistrates' Court Act 1989—transitional provisions

(2) The amendments made by section 35 to the Magistrates' Court Act 1989 applies to proceedings, whether commenced before or after the commencement of that section.

12 S. 115(3) (repealed) and (7)(a) (repealed): Section 28(6) of the Magistrates' Court (Amendment) Act 1994, No. 33/1994 reads as follows:

28 Transitional provisions

(6) The amendments of the Principal Act made by section 16 (removal of compulsory age retirement for JPs) apply to any person who immediately before the commencement of that section held the office of justice of the peace.

Sch. 4 amended by Nos 25/1989 s. 8(3), 48/1989 s. 18 (as amended by No. 34/1990 s. 7(6)), 54/1989 s. 35(5) (as amended by No. 34/1990 s. 7(7)), 11/1990 s. 12(2) (as amended by No. 34/1990 s. 7(8)), 34/1990 s. 4(Sch. 3 items 20, 21), 8/1991 s. 14, 46/1991 s. 48, 81/1991 s. 10(Sch. item 2.1), 90/1991 s. 35, 67/1993 s. 26, 129/1993 s. 9(3), 21/1994 s. 39, 102/1994 s. 96, 63/1995 s. 169, 93/1995 s. 218(1)(Sch. 2 item 4), 99/1995 s. 24 (as amended by No. 73/1996 s. 63), 35/1996 s. 453(Sch. 1 item 53.7), 66/1996 s. 201(3) (as amended by No. 26/1997 s. 35(1)), 73/1996 s. 61, 26/1997 s. 55, 48/1997 s. 65(3)(a)–(c)(e)(f), 107/1997 s. 75, 108/1997 s. 154, 13/1998 s. 16, 60/1998 s. 17, 36/1999 s. 26, 39/1999 s. 39, 44/1999 s. 34, 49/2000 s. 4, 53/2000 s. 97, 69/2000 s. 57, 98/2000 s. 75, 2/2001 s. 110, 14/2001 s. 34, 32/2001 s. 35, 61/2001 s. 12(1), 69/2001 s. 19, 11/2002 s. 3(Sch. 1 items 43.1, 43.2), 23/2002 s. 199, 35/2002 s. 28(Sch. item 4.1), 47/2002 s. 45, 10/2003 s. 12, 28/2003 s. 76, 52/2003 s. 52(Sch. 1 item 8), 74/2003 s. 14, 80/2003 s. 184, 59/2004 s. 10, 107/2004 s. 181(1), 24/2005 s. 29, 31/2005 s. 36, 45/2005 s. 29, 62/2005 s. 143(1), 78/2005 s. 68, 9/2006 s. 159(1), 44/2006 s. 16, 50/2006 s. 22(3), 13/2007 s. 48, 50/2007 s. 59, 52/2007 s. 3, 53/2007 s. 23,

72/2008 s. 26, 74/2008 s. 46, 76/2008 s. 156, 30/2009 ss 197, 198, repealed by No. 7/2009 s. 427(2) (as amended by No. 68/2009 s. 54(m)).

14 Sch. 5 (repealed): The amendment proposed by section 143(Schedule 2 item 8) of the Police Integrity Act 2008, No. 34/2008 (repealed) is not included in this publication because of the earlier substitution of clause 8(1)(b) of Schedule 5 by section 9 of the Courts Legislation Amendment (Juries and Other Matters) Act 2008, No. 38/2008 (repealed).

Sch. 5 amended by Nos 34/1990 s. 4(Sch. 3 item 22(a)–(g)), 49/1990 s. 4, 64/1990 ss 16, 20(Sch. item 4.4(a)(b)), 8/1991 ss 15, 16, 23/1991 ss 11, 12, 81/1991 s. 10(Sch. item 2.2), 33/1994 s. 20, 43/1994 s. 56(Sch. item 3.2), 35/1996 s. 453(Sch. 1 items 53.3, 53.8), 81/1997 s. 12, substituted by No. 10/1999 s. 4, amended by Nos 35/1999 s. 36(2), 92/2000 ss 7–9, 35/2002 ss 22, 23, 37/2002 s. 53, 108/2003 s. 22(2), 107/2004 s. 181(2), 30/2005 s. 3, 62/2005 s. 143(2), 2/2006 ss 39–41, 9/2006 s. 159(2), 50/2006 ss 27–34, 79/2006 s. 45, 36/2007 s. 6, 8/2008 s. 16, 18/2008 s. 14, 38/2008 s. 9, repealed by No. 7/2009 s. 427(2) (as amended by No. 68/2009 s. 54(m)).

Sch. 7 amended by Nos 5/1990 s. 20(4), 34/1990 s. 4(Sch. 3 items 24, 25), 64/1990 s. 20(Sch. item 4.5), 49/1991 s. 119(7) (Sch. 4 item 13.8), 33/1994 ss 21–24(1), 64/1996 s. 40, 70/1996 s. 9, 44/1997 s. 30, 43/1998 s. 46, 102/1998 s. 44(2)(3), 10/1999 s. 31(2), 99/2000 ss 7, 8, 9, 10, 11 (as amended by No. 12/2001 s. 9), 12, 13 (as amended by No. 12/2001 s. 10), 44/2001 s. 3(Sch. item 77.2), 92/2001 s. 31, 26/2002 ss 5, 6, 39/2003 ss 8, 9, 94/2003 s. 45, 39/2004 s. 260, 49/2004 s. 40, 2/2005 s. 9, 3/2005 ss 27, 28, 24/2005 s. 30, 87/2005 ss 28–32, repealed by No. 12/2006 s. 176(2) (as amended by No. 32/2006 s. 53(2)).

17 Sch. 7 (repealed): The amendment proposed by section 15(5) of the Courts Legislation (Jurisdiction) Act 2006, No. 50/2006 (repealed) is not included in this publication due to the earlier repeal of Schedule 7 by section 176(2) of the Infringements Act 2006, No. 12/2006.