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Text as at 15 April 2026
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Act index » Part 1 - Preliminary

3 Definitions

(1)In this Act—
S. 3(1) def. of bank repealed by No. 11/2001 s. 3(Sch. item 44.1(b)).S. 3(1) def. of chief administrator repealed by No. 46/1998 s. 7(Sch. 1).S. 3(1) def. of committal mention date inserted by No. 34/1990 s. 4(Sch. 3 item 1), substituted by No. 10/1999 s. 8(1), repealed by No. 7/2009 s. 427(1)(a) (as amended by No. 68/2009 s. 54(m)).S. 3(1) def. of depositions repealed by No. 7/2009 s. 427(1)(a) (as amended by No. 68/2009 s. 54(m)).S. 3(1) def. of election date repealed by No. 68/2009 s. 97(Sch. item 82.2(c)).S. 3(1) def. of hearing date repealed by No. 7/2009 s. 427(1)(a) (as amended by No. 68/2009 s. 54(m)).S. 3(1) def. of informant repealed by No. 7/2009 s. 427(1)(a) (as amended by No. 68/2009 s. 54(m)).S. 3(1) def. of infringement warrant inserted by No. 12/2006 s. 169(b), repealed by No. 47/2014 s. 268(b).S. 3(1) def. of mention date repealed by No. 7/2009 s. 427(1)(a) (as amended by No. 68/2009 s. 54(m)).S. 3(1) def. of Neighbour- hood Justice officer inserted by No. 51/2006 s. 3(1).S. 3(1) def. of registered valuer repealed by No. 91/1994 s. 36(7)(a).S. 3(1) def. of return date repealed by No. 68/2009 s. 97(Sch. item 82.2(f)).S. 3(1) def. of youth training centre amended by No. 56/1989 s. 286(Sch. 2 item 11.1 (as amended by No. 93/1990 s. 24(h)(v)), repealed by No. 48/2006 s. 42(Sch. item 22.1(c)).
Aboriginal elder or respected person means a person who holds office as an Aboriginal elder or respected person under section 17A;
S. 3(1) def. of Aboriginal elder or respected person inserted by No. 27/2002 s. 4.
Aborigine means a person who—
S. 3(1) def. of Aborigine inserted by No. 27/2002 s. 4.
(a)is descended from an Aborigine or Torres Strait Islander; and
(b)identifies as an Aborigine or Torres Strait Islander; and
(c)is accepted as an Aborigine or Torres Strait Islander by an Aboriginal or Torres Strait Island community;
accused has the same meaning as in the Criminal Procedure Act 2009;
S. 3(1) def. of accused inserted by No. 68/2009 s. 97(Sch. item 82.1).
appropriate dispute resolution has the same meaning as it has in the Civil Procedure Act 2010;
S. 3(1) def. of appropriate dispute resolution inserted by No. 47/2010 s. 88(b).
appropriate registrar means—
S. 3(1) def. of appropriate registrar substituted by No. 64/1996 s. 24(a), amended by No. 68/2009 s. 97(Sch. item 82.2(a)).
(a)the registrar at the proper venue of the Court; or
(b)the registrar at the venue of the Court at which a proceeding is heard and determined in accordance with an order made under section 31 of the Criminal Procedure Act 2009;
Assessment and Referral Court List means the list established by section 4S;
S. 3(1) def. of Assessment and Referral Court List inserted by No. 12/2010 s. 4(1).
authorised deposit-taking institution has the same meaning as in the Banking Act 1959 of the Commonwealth;
S. 3(1) def. of authorised deposit-taking institution inserted by No. 11/2001 s. 3(Sch. item 44.1(a)).
bail guarantor has the same meaning as in the Bail Act 1977;
S. 3(1) def. of bail guarantor inserted by No. 28/2023 s. 70(1).
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civil registry court means a venue of the Court that is prescribed by the Rules to be a civil registry court;
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complaint includes any process by which a civil proceeding in the Court is commenced;
conduct money means a sum of money or its equivalent sufficient to meet the reasonable expenses of a person to whom a witness summons is directed of complying with the summons in relation to the day on which the person is required by the summons to attend;
Court means the Magistrates' Court of Victoria;
S. 3(1) def. of Infringements Court inserted by No. 12/2006 s. 169(b), repealed by No. 47/2014 s. 268(b).S. 3(1) def. of judge of the County Court inserted by No. 3/2016 s. 32(1).S. 3(1) def. of Judge of the Supreme Court inserted by No. 1/2022 s. 14.S. 3(1) def. of Koori Court officer inserted by No. 27/2002 s. 4, amended by No. 108/2004 s. 117(1) (Sch. 3 item 118.1).S. 3(1) def. of mention court amended by No. 64/1996 s. 24(c).
court official means—
(a)the principal registrar of the Court; or
(b)a registrar or deputy registrar of the Court; or
(c)any person employed in any of the offices of the Court;
defendant means—
S. 3(1) def. of defendant amended by No. 68/2009 s. 97(Sch. item 82.2(b)).
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(b)a person against whom a civil proceeding has been commenced in the Court;
Department means the Department of Justice;
S. 3(1) def. of Department substituted by No. 46/1998 s. 7(Sch. 1).S. 3(1) def. of Secretary to the Department of Health inserted by No. 29/2010 s. 63(1).
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designated place has the same meaning as in the Victoria Police Act 2013;
S. 3(1) def. of designated place inserted by No. 43/2011 s. 34, substituted by No. 37/2014 s. 10(Sch. item 101.1(b)).
driver licence has the same meaning as in the Road Safety Act 1986;
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enforcement warrant has the same meaning as in the Fines Reform Act 2014;
S. 3(1) def. of enforcement warrant inserted by No. 47/2014 s. 268(a).
excluded judicial officer means—
S. 3(1) def. of excluded judicial officer inserted by No. 63/2013 s. 74(1), amended by No. 21/2015 s. 3(Sch. 1 item 32.1).
(a)the Chief Magistrate;
(b)a Deputy Chief Magistrate;
(c)a Deputy State Coroner;
execution copy, in relation to a warrant, means the copy issued for the purposes of execution;
family member has the meaning given by section 3A;
S. 3(1) def. of family member inserted by No. 27/2002 s. 4.
family violence has the meaning given by the Family Violence Protection Act 2008;
S. 3(1) def. of family violence inserted by No. 77/2004 s. 3(1), substituted by No. 52/2008 s. 251(1).
fine includes any penalties, forfeitures, sums of money and costs ordered to be paid by the person fined;
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homeless person means—
S. 3(1) def. of homeless person inserted by No. 51/2006 s. 3(1).
(a)a person living in—
(i)crisis accommodation; or
(ii)transitional accommodation; or
(iii)any other accommodation provided under the Supported Accommodation Assistance Act 1994 of the Commonwealth; or
(b)a person who has inadequate access to safe and secure housing within the meaning of section 4 of the Supported Accommodation Assistance Act 1994 of the Commonwealth;
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intellectual disability has the same meaning as it has in the Disability Act 2006;
S. 3(1) def. of intellectual disability inserted by No. 12/2010 s. 4(1).
judge of the County Court means a judge of the County Court appointed under the County Court Act 1958, other than the Chief Judge or a reserve judge appointed under that Act;
Judge of the Supreme Court means a person referred to in section 75(3)(d) of the Constitution Act 1975;
judicial registrar means a judicial registrar of the Court appointed under section 16C;
S. 3(1) def. of judicial registrar inserted by No. 19/2005 s. 3.
judicial resolution conference has the same meaning as it has in the Civil Procedure Act 2010;
S. 3(1) def. of judicial resolution conference inserted by No. 50/2009 s. 12, amended by No. 34/2010 s. 49(1), substituted by No. 47/2010 s. 88(a).
jurisdictional limit in a civil proceeding means $100 000;
S. 3(1) def. of jurisdictional limit substituted by No. 64/1996 s. 24(b), amended by No. 68/2004 s. 3.
Koori Court officer means a person who—
(a)is employed under Part 3 of the Public Administration Act 2004; and
(b)exercises powers or performs functions in relation to the Koori Court Division of the Court;
S. 3(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 63.1), amended by No. 17/2014 s. 160(Sch. 2 item 59.1).
magistrate includes the Chief Magistrate and a reserve magistrate engaged under section 9C to undertake the duties of a magistrate during any period of engagement or acting under section 9EA;
S. 3(1) def. of magistrate inserted by No. 36/2007 s. 3(1), amended by Nos 5/2013 s. 31(1), 63/2013 s. 40, 3/2016 s. 32(2).S. 3(1) def. of part-time magistrate inserted by No. 31/2004 s. 3, repealed by No. 63/2013 s. 74(2).S. 3(1) def. of reserve magistrate inserted by No. 5/2013 s. 31(2).
Magistrates' Court means the Magistrates' Court of Victoria;
mental illness has the same meaning as it has in the Mental Health and Wellbeing Act 2022;
S. 3(1) def. of mental illness inserted by No. 12/2010 s. 4(1), amended by Nos 26/2014 s. 455(Sch. item 20.1), 39/2022 s. 845.
mention court means a venue of the Court that is nominated by the Chief Magistrate under section 5A as a mention court;
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motor vehicle has the same meaning as in the Road Safety Act 1986;
Neighbourhood Justice officer means a person who—
(a)is employed under Part 3 of the Public Administration Act 2004; and
(b)exercises powers or performs functions in relation to the Neighbourhood Justice Division of the Court;
order includes judgment and conviction;
S. 3(1) def. of sentencing order amended by Nos 49/1991 s. 119(7) (Sch. 4 item 13.1), 48/1997 s. 64, 65/2004 s. 4(2), 80/2005 s. 19, 93/2005 s. 10, 30/2009 s. 196, repealed by No. 7/2009 s. 427(1)(a) (as amended by No. 68/2009 s. 54(m)).
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part-time service arrangement means an arrangement entered under section 7A;
S. 3(1) def. of part-time service arrangement inserted by No. 63/2013 s. 74(1).
party, to a proceeding for a family violence intervention order under the Family Violence Protection Act 2008 or a proceeding for an offence against that Act, includes, in sections 4J and 4K, an affected family member within the meaning of that Act;
S. 3(1) def. of party inserted by No. 77/2004 s. 3(1), substituted by No. 52/2008 s. 251(1).
plaintiff means a person who commences a civil proceeding in the Court;
police gaol has the same meaning as in the Corrections Act 1986;
police officer has the same meaning as in the Victoria Police Act 2013;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 101.1(a)).
prescribed means prescribed by the regulations unless required to be prescribed by rules of court;
S. 3(1) def. of prescribed amended by No. 68/2009 s. 97(Sch. item 82.2(d)).
principal registrar means principal registrar of the Court;
prison has the same meaning as in the Corrections Act 1986;
S. 3(1) def. of prison officer inserted by No. 34/1990 s. 4(Sch. 3 item 2).
prison officer has the same meaning as in the Corrections Act 1986;
probationary driver licence has the same meaning as in the Road Safety Act 1986;
proceeding means any matter in the Court, including a committal proceeding, but does not include the exercise by a registrar of any jurisdiction, power or authority vested in the registrar under the Fines Reform Act 2014;
S. 3(1) def. of proceeding amended by Nos 12/2006 s. 169(a), 47/2014 s. 268(d).
process includes witness summons, charge-sheet, summons to answer to a charge, complaint, warrant to arrest, remand warrant, search warrant, warrant to seize property, enforcement warrant, warrant to imprison, warrant to detain in a youth justice centre, warrant of delivery and any other process by which a proceeding in the Court is commenced;
S. 3(1) def. of process amended by Nos 33/1994 s. 4, 48/2006 s. 42(Sch. item 22.1(a)), 87/2009 s. 60(1), 47/2014 s. 268(c).
proper venue—
S. 3(1) def. of proper venue amended by Nos 64/1996 s. 24(d), 77/2004 s. 3(2)(a)–(c), 51/2006 s. 3(2)(a)-(c), 52/2008 s. 251(2), 68/2008 s. 78, 68/2009 s. 97(Sch. item 82.2(e)), 12/2010 s. 4(2) (as amended by No. 43/2012 s. 3(Sch. item 28)), 53/2010 s. 221(Sch. item 7.1), 53/2016 s. 103, 33/2018 ss 35, 41, 47/2021 s. 27.
(a)subject to paragraphs (ca), (dc) and (e), in relation to a criminal proceeding or a class of criminal proceeding, means the mention court that has been nominated by the Chief Magistrate under section 5A for the proceeding or class of proceeding, but in the absence of any such nomination is the mention court that is nearest to—
(i)the place where the offence is alleged to have been committed; or
(ii)the place of residence of the accused; and
(b)subject to paragraphs (ca) and (e), in relation to a civil proceeding, means the civil registry court that is nearest to—
(i)the place where the subject-matter of the complaint arose; or
(ii)the place of residence of the defendant; and
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(ca)in relation to a proceeding in respect of which the Specialist Family Violence Court Division has jurisdiction (other than an interim order under the Family Violence Protection Act 2008), means the venue of the Court at which the Specialist Family Violence Court Division may sit and act that the Court determines is the most appropriate venue for the matter, having regard to the following—
(i)the place where the family violence the subject of the proceeding is alleged to have been committed;
(ii)the place of residence of the accused, defendant or respondent (within the meaning of the Family Violence Protection Act 2008);
(iii)the place of permanent or temporary residence of the person against whom the family violence is alleged to have been committed;
(iv)the safety of the parties;
(v)any other considerations the Court thinks relevant; and
(d)in relation to a proceeding for an interim order under the Family Violence Protection Act 2008 or the Personal Safety Intervention Orders Act 2010 means any civil registry court; and
(da)in relation to a proceeding under the Family Violence Protection Act 2008 or the National Domestic Violence Order Scheme Act 2016, means—
(i)a venue of the Court determined in accordance with paragraph (ca), (d) or (e); or
(ii)the civil registry court which the Court determines is the most appropriate venue for the matter, having regard to the following—
(A)the safety of the parties;
(B)the need to prevent disclosure of a party's whereabouts;
(C)the ability of the parties to attend a particular venue of the court, taking into account their places of work, residence or any childcare requirements;
(D)the availability of family violence support services at particular venues of the Court;
(E)the need to manage case flow;
(F)any other considerations the Court thinks relevant; and
(db)in relation to a proceeding under the Personal Safety Intervention Orders Act 2008, means—
(i)a venue of the court determined in accordance with paragraph (d) or (e); or
(ii)the civil registry court that the Court determines is the most appropriate venue for the matter, having regard to the following—
(A)the safety of the parties;
(B)the need to prevent disclosure of a party's whereabouts;
(C)the ability of the parties to attend a particular venue of the court, taking into account their places of work, residence or any childcare requirements;
(D)the availability of mediation assessment services at particular venues of the Court;
(E)the need to manage case flow;
(F)any other considerations the Court thinks relevant; and
(dc)in relation to a proceeding in respect of which the Assessment and Referral Court List has jurisdiction, means—
(i)a venue of the Court determined in accordance with paragraph (a), (b), (ca) or (d); or
(ii)a venue of the Court at which the Assessment and Referral Court List may sit and act;
(dd)in relation to a proceeding under Part 4A of the Terrorism (Community Protection) Act 2003 (other than a proceeding in respect of an offence under section 22CU of that Act), means—
(i)the place of residence of the supported person (within the meaning of that Part) or the person in respect of whom it is proposed that the support and engagement order be made (as the case requires); or
(ii)the venue of the Court which the Court determines is the most appropriate venue for the matter, having regard to the following—
(A)the administrative and other facilities available at particular venues of the Court;
(B)the ability of the parties to attend a particular venue of the court, taking into account the respondent's (or supported person's) place of work, residence and any childcare requirements;
(C)the need to manage case flow;
(D)any other considerations the Court thinks relevant;
(e)in relation to a proceeding in respect of which the Neighbourhood Justice Division has jurisdiction, means—
(i)a venue of the Court determined in accordance with paragraph (a), (b), (ca) or (d); or
(ii)a venue of the Court at which the Neighbourhood Justice Division may sit and act;
protective services officer has the same meaning as in the Victoria Police Act 2013;
S. 3(1) def. of protective services officer inserted by No. 43/2011 s. 34, substituted by No. 37/2014 s. 10(Sch. item 101.1(c)).
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registrar means registrar of the Court;
S. 3(1) def. of infringements registrar inserted by No. 12/2006 s. 169(b), repealed by No. 47/2014 s. 268(b).
reserve magistrate means a person appointed under section 9A;
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Secretary means the Secretary to the Department of Justice;
S. 3(1) def. of Secretary inserted by No. 46/1998 s. 7(Sch. 1).
Secretary to the Department of Health means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health;
sentence has the same meaning as in the Criminal Procedure Act 2009;
S. 3(1) def. of sentence inserted by No. 68/2009 s. 97(Sch. item 82.1).
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sexual offence has the same meaning as in the Criminal Procedure Act 2009;
S. 3(1) def. of sexual offence inserted by No. 8/1991 s. 12, repealed by No. 7/2009 s. 427(1)(a) (as amended by No. 68/2009 s. 54(m)). new def. of sexual offence inserted by No. 68/2009 s. 97(Sch. item 82.1).
subordinate instrument has the same meaning as in the Interpretation of Legislation Act 1984;
the rules means rules of court jointly made by the Chief Magistrate together with one or more Deputy Chief Magistrates, whether under the powers conferred by this Act or otherwise;
S. 3(1) def. of the rules amended by Nos 64/1996 s. 24(e), 20/2022 s. 33.
youth justice centre means a youth justice centre established under section 478 of the Children, Youth and Families Act 2005.
S. 3(1) def. of youth justice centre inserted by No. 48/2006 s. 42(Sch. item 22.1(b)).
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(2)If under the Public Administration Act 2004 the name of the Department of Justice is changed, the reference in subsection (1) in the definitions of Department and Secretary to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.
S. 3(2) substituted by No. 46/1998 s. 7(Sch. 1), amended by No. 108/2004 s. 117(1) (Sch. 3 item 118.2).
(3)If by or under this Act a person is required or permitted to serve a document, the person may serve the document by causing it to be served by another person.