Saturday, May 30, 2015

Form 29a Notice of Discovery Magistrates' Court

This is another piece of information that the 'authorities' do not want you to know about.

It is called Form 29a - Notice of Discovery, which is actually available from the Magistrates' Court of Victoria.

No doubt they will pretend they don't know what you're talking about!


Who's it for?

Anyone who has been:

  • 'stitched up' by the court, 
  • rolled by the court, 
  • denied natural justice in the court, 
  • noticed a judicial registrar / judge / magistrate has 'erred' in law, 
or any other way you believed you've been 'done by' law.

If you ask the registrar for the form, they may reply that they don't know what you're talking about, remind them that if they refuse to co-operate, they could be up for a serious (indictable) offence, as in the

Commonwealth v Hospital Contribution Fund [1982] HCA 13; (1982) 150 CLR 49 (11 May 1982)

ref: http://www.austlii.edu.au/au/cases/cth/HCA/1982/13.html

also remind them of  the

MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2010 - REG 29.02

Notice for discovery
 
    (1)     Except where these Rules otherwise provide, any party to a proceeding may serve on any other party a notice for discovery requiring the party served to make discovery of all documents which are or have been in that party's possession and which, in accordance with Rule 29.01.1 , are required to be discovered.
    (2)     A notice for discovery must be in Form 29A.
    (3)     Despite paragraph (1), a notice for discovery must not be served without leave of the Court in—
Rule 29.02(3)(aa) inserted by S.R. No. 70/2014 rule 5.
        (aa)     a proceeding under the Workplace Injury Rehabilitation and Compensation Act 2013 ;
        (a)     a proceeding under the Accident Compensation Act 1985 ;
        (b)     a proceeding under the Workers Compensation Act 1958 .
    (4)     If leave is granted under paragraph (3), Rule 63.04 does not apply, unless the Court otherwise orders.
    (5)         A notice for discovery must not be served more than 28 days after the day on which notice of defence is given unless the Court otherwise orders.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback 

Ref:  http://www.austlii.edu.au/au/legis/vic/consol_reg/mcgcpr2010464/s29.02.html


Use this form, THEY hate it !!!

P.S. The actual validity of law in Victoria is put aside.

Friday, May 29, 2015

Victoria police urged to take names off electoral roll to protect safety in anti-terror security push

Police have been advised to register as silent voters.
Police have been advised to register as silent voters. Photo: Getty Images
 
Victorian police officers are being urged to take their names off the electoral roll in the latest anti-terrorism security measure.

The police union issued a directive to its members on Thursday afternoon to "strongly encourage" police to register as a silent voters.

"In the current security environment all police and PSO members are strongly encouraged to consider protecting their personal information by registering as a silent elector," union secretary Detective Senior Sergeant Ron Iddles said.

Silent enrolment means that the address of a registered voter will not be published in the electoral roll, which is a publicly-available document.

Any voter who believes their or their family's safety is at risk by being on the roll can apply to the Electoral commission to have it removed.

Senior Sergeant Iddles told  members that the union would also lobby the federal government to have the process automated for police and Protective Service Officers (PSOs).

This would require a legislative change to the Commonwealth Electoral Act. The act gives people the right to access the roll, considering it integral to the conduct of free and fair elections.

The push is the latest in anti-terrorism safety measures for police amidst fears they would be the target of an attack.

Force command instructed members earlier this month to stop working on their own, except in some circumstances such as single-officer stations and specialist units.

Officers were also told to wear their full safety equipment including bullet-proof vests when on patrol and working at station reception areas.

They were also directed to not park marked police cars at or near police officers' homes.

The new policy formalised advice force command issued when the national threat level was raised to "high" in January.

It came after four men were arrested in Melbourne's east in April over an alleged plot to attack a police officer at an Anzac Day event.

theage.com.au 28 May 2015

Why Victoria Police?

Is there going to be (maybe a false flag) event in the near future wot warrant this?

Victoria Police is the country's most corrupt police force?

Victoria Police submit falsified documents to the courts every single day, without ANY repercussions whatsoever.

Courtroom Shenanigans – Spot the crime




In Australia’s court rooms, many a game is played between the parties involved, many a fraudulent decision is being made, many a police officer has (deliberately) provided false information and many a decision has been made based purely on hearsay.

In the following example, where names have not been mentioned in order to protect the criminal(s), but rather only their positions held, by all those of relevance to the matter.

The ‘natural’ persons are as follows:

JR – Judicial Registrar
TD – The Defendant
CJ – Court Jester (officially referred to as the Court Clerk)

CJ:          He is ‘presenting’ himself’ – referring to the defendant to the JR
JR:          How do you like to plea, guilty or not guilty?
TD:         I’d like to challenge the jurisdiction of the court
JR:          Sir, do you wish to plea guilty or not guilty?
TD:         I am putting a plea of ‘no plea’ in regards to..... (gets interrupted by the JR)
JR:          Okay... I am putting in a,  Well okay, if you’re not putting in a ... (get interrupted by TD)
TD:         Sorry I haven’t finished
JR:          No! Sorry, Yes you have!!!
TD:         No I haven’t... You stared to talk over me actually
JR:          Yes, because I run the court, Sir
JR:          Do you wish to plea guilty or not guilty
DD:         I would like to plea – no plea, court has no jurisdiction
JR:          As your plea is not entering a plea, the court will take it you are contesting the charge..
.
.
JR:          Matter withdrawn Sir, you are free to go.

Can you spot any problems?

Disclaimer: The preceding example could be fictitious and any similarity to any matter is purely coincidental.

Thursday, May 28, 2015

Lindt cafe siege inquest: NSW Police Force applies to prevent public release of evidence


Siege gunman Man Haron Monis. Siege gunman Man Haron Monis. Photo: Department NSW of Justice
The NSW Police Force is seeking to prevent the Australian public from accessing more than half of the evidence being examined as part of the inquest into the Lindt cafe siege, including a tranche of documents that are already in the public domain.

It came as Attorney-General George Brandis told a Senate hearing in Canberra that his office and department had regarded a letter written by Monis to Mr Brandis asking about the Islamic State terror group as "routine".

Senator Brandis said the letter had not contained any indication of support for the group, though it referred to the Islamic State leader as "Caliph", which is the title used by its supporters.

As the inquest into the December 15 siege entered its third day on Wednesday, it also emerged that the NSW Director of Public Prosecutions is seeking to prevent the inquest from examining the question of why Monis was released on bail before the siege, given his criminal history and the serious charges pending against him.

Late on Wednesday afternoon, barrister David Jordan, representing the Office of General Counsel of the NSW Police Force, said that the police were opposing "portions of the brief".

The reason for this, he said, was that the evidence could be "prejudicial to a forthcoming criminal trial".

The media have already been prevented from discussing any of the details of this trial after the NSW State Coroner, Michael Barnes, made a far-reaching non-publication order.

The inquest heard that the list of documents that the police force were seeking to hide from the public included judgments of the High Court and other reports that were already in the public domain, including one by the Australian Communication and Media Authority.

"How can we justify suppressing any report that is available on the internet?" Mr Barnes asked.

Mr Jordan acknowledged that this was a complication.

In relation to hiding documents that were already in the public domain, Counsel Assisting the inquest, Jeremy Gormly said it was "hard to understand the policy that underlies the attempt to have that not released".

Mr Gormly also said that "as to the balance of it [the application], I just opposed it completely".

The application comes after the NSW Director of Public Prosecutions indicated that it would oppose any discussion during the inquest of how and why Monis was released on bail in May last year despite facing more than 40 charges of sexual and indecent assault, and having already been convicted of sending offensive letters to the families of Australian soldiers who died in Afghanistan.

Monis was released six days after the state's bail laws were amended to introduce a presumption in favour of granting bail to most offenders unless they posed an "unacceptable risk" that could not be mitigated by strict bail conditions.

Part of the purpose of the inquest is to examine whether the DPP acted "adequately" when it elected not to seek a revocation of Monis' bail when dozens of sexual and indecent assault charges were laid against him.
The inquest continues.

In the letter that Monis sent to Senator Brandis less than four weeks after ASIO raised the terrorism threat level to "high", the self-styled sheikh asked whether it was legal to write to the head of the Islamic State, Abu Bakr al-Baghdadi.

"I would like to send a letter to Caliph Ibrahim, the leader of the Islamic State, in which making some comments and asking some questions [sic]. Please advise me whether the communication is legal or illegal," he wrote.

Senator Brandis said he did not reply personally, but that it was referred to his department to reply, because "it was classified as routine correspondence given the nature of what Sheik Man Monis
asked".

Senator Brandis told the Senate hearing that the tone of the letter was "not obviously threatening" and did not contain any indications of support or endorsement for the terror group.

However, "Caliph Ibrahim" is the name Islamic State supporters use for Baghdadi.

CLARIFICATION: An earlier version of this story was amended to clarify the reason for NSW Police Force representatives opposing certain evidence being presented to the inquest into the Lindt cafe siege.

smh.com.au 28 May 2015

Australia's police 'force' is literally the top of Australia's criminal elite.

They literally provide false information to the general populous, on a daily basis, provide falsified evidence in most court cases, and they STILL have the guns.

Do not forget that the NSW police force in the 1970's and 1980's was Australia's primary drug runner.

Australia is truly a police state.

Aussie ‘Kim Kardashian’ accused of rorting welfare payments

A Melbourne makeup artist who makes up to $600 a day has been accused of rorting Centreli
A Melbourne makeup artist who makes up to $600 a day has been accused of rorting Centrelink. Source: Facebook
 
A MELBOURNE makeup artist — dubbed Australia’s Kim Kardashian — who makes up to $600 a day has been accused of rorting Centrelink. 

Lina Ayoubi flaunts her flashy lifestyle on social media, and despite earning hundreds of dollars a day from cash-in-hand appointments at her home beauty salon, A Current Affair reports she also pockets an extra $600 a week in Centrelink payments.

During the program’s investigation, a producer booked an hour-long appointment at Ms Ayoubi’s home salon for $100.

It was during this appointment the makeup artist spilt her secrets.

ACA reports that on top of the daily casual appointments — priced between $70-$150 — Ms Ayoubi also books at least one wedding a week at the cost of $600.

Ms Ayoubi flaunts her lifestyle on social media.
Ms Ayoubi flaunts her lifestyle on social media. Source: Facebook
She’s been dubbed the Aussie ‘Kim Kardashian’.
She’s been dubbed the Aussie ‘Kim Kardashian’. Source: Facebook
 
It’s reported she then lies to Centrelink and claims the business only rakes in $75 a week.

She then pockets $600 in Centrelink payments — through single parent benefits and family tax benefits.

Ms Ayoubi’s sketchy claims then allow her to live a luxury lifestyle with fancy clothes and expensive cars.

It’s reported she recently returned to her home of Lebonon for cosmetic surgery.

Posting a picture of a black Mercedes on her Facebook, she captioned it:

“Mercedes means class my babe SLK 200 Kompressor ‪#‎mercedes‬ ‪#‎slk‬#class#black”.

“Mercedes means class my babe”
“Mercedes means class my babe” Source: Facebook
 
When ACA reporter Reid Butler confronted Ms Ayoubi on the street she said, “Turn the camera off — I don’t know what you’re talking about,” as she spoke on a mobile phone before getting into a BMW SUV.

General Manager of the Department of Human Services Hank Jongen says the longer a person has been making false claims, the worse the consequences will be.

“If you’ve set out to deliberately defraud the Australian tax payer then not only do you have to repay all of the money — but in addition to that you face the possibility of a prison sentence or hefty fines,” he told the program.

ACA confronted her on the street.
ACA confronted her on the street. Source: Channel 9

 news.com.au 27 May 2015

And there's plenty more of garbage like this rorting the system. 

Deport the piece of garbage back to Lebanon.

Let's see how the 'law' deals with this one. 

Does Australia (the Australian government - or more importantly the Australian people) really want to import more criminals? 

Former Byron cop avoids jail term over drugs

Jail term avoided: former Detective Inspector Shane Diehm. File pic of Shane Diehm.
Jail term avoided: former Detective Inspector Shane Diehm. File pic of Shane Diehm.

Former Byron Bay detective inspector Shane Diehm has had a six-month jail sentence for lying to the Police Integrity Commission overturned on appeal.

Det Ins Diehm was involved in a binge weekend at a hotel on the Gold Coast in 2010 with a number of other officers, most of them members of the local police rugby union team.

Unbeknown to the group an undercover internal investigation had installed video cameras in the hotel rooms where the party was taking place.

During the weekend the cops were filmed binge drinking, eating marijuana cookies and popping ecstasy pills, among other substances.

Following the party Diem was drug tested and showed a positive result for cocaine.

He later admitted to taking the drugs but told the Police Integrity Commission he was so smashed he couldn’t remember what any of the other cops were doing.

Last year he pleaded guilty to misleading the commission and was sentenced to six months in prison. That conviction was quashed on appeal, as was the jail sentence.

He has been placed on a two-year good behavior bond.

echo.net.au 22 May 2015

 Notice how they're all in it together... Corrupt judges sentencing corrupt cops...

Canadian journalist dishes out harsh words about Australia

Not holding back ... Tyler Brule had some harsh words about Australia. Picture: Supplied.
Not holding back ... Tyler Brule had some harsh words about Australia. Picture: Supplied. Source: News Corp Australia
 
CANADIAN journalist and magazine publisher Tyler Brule has taken a swipe at Australia, calling the country a boring nanny state. And many of us agree. 

Speaking at a Vivid event at the Sydney Theatre Company the founder of Monocle and Wallpaper dished out some harsh words, reported Pedestrian TV.

Audience members were treated to a rant from Brule who said he thinks that Australia is “at risk of becoming the dumbest nation on earth”.

“There will be a collapse of common sense here if health and safety wins out on every single discussion,” he said.

It seems that many Australians concur, with more than 75 per cent of respondents to our online poll (below) agreeing that we have become a boring nanny state.

More than 2000 readers had voted in the poll as at 7am AEST.

Monocle’s annual Quality of Life Survey has consistently ranked Melbourne and Sydney in its top 10 cities worldwide.

In a 2013 interview, Brule said the “70 per cent scientific and 30 per cent subjective” survey examined metrics as disparate as the rate of break-ins and the number of cinemas in a city to help determine its ranking.

Vivid ... Tyler Brule was speaking as part of a Vivid event. Picture: Vivid
Vivid ... Tyler Brule was speaking as part of a Vivid event. Picture: Vivid Source: Supplied
 
During his talk for Sydney’s Vivid Festival on Monday night, Brule warned that to an outsider, Australia was rapidly becoming a country where you have to pick up a “hard-hat and hi-vis vest” along with your visa before entering the country.

Taking aim out Sydney’s lock out laws and airport curfews he suggested the regulations hurt the reputation of Australia as a whole.

“If you want to be globally attractive, you do need to have bars open until whatever hour of the day,” he said.

The sold out audience did not take offence to his comments but instead applauded the 46-year-old.
Brule revealed he was recently pulled up for drinking a glass of wine while on the pavement outside his Monocle pop-up shop in Sydney’s Surry Hills.

news.com.au 28 May 2015

Wednesday, May 27, 2015

Low-income families to bear brunt of federal budget reforms, Labor modelling shows

 The Federal Opposition says new figures from the National Centre for Social and Economic Modelling (NATSEM) show low-income families will lose the most if the budget is passed in full.

Jenny Macklin at National Press Club



NATSEM's modelling, which was commissioned by Labor, shows a single-income family on $65,000 a year with two children would lose nearly $21,000 over four years.

A sole parent with two children on $55,000 would also be more than $20,000 worse off over four years — or up to $6,000 a year.

Labor's families spokeswoman, Jenny Macklin, said the figures showed the budget was grossly unfair and would hit hundreds of thousands of low and middle-income families.

"The message from these figures is that the only way to protect these families is to reject these cuts in the Senate when the Government next presents them," Ms Macklin told AM.

The modelling shows the lowest income families would lose about 7 per cent of their disposable income, whereas the richest families would have a tiny gain.

Media player: "Space" to play, "M" to mute, "left" and "right" to seek.

Audio: Listen to Louise Yaxley's report (AM)
The modelling included the Government's plan to stop Family Tax Benefit Part B when the youngest child turns six, which the Senate has refused to pass from last year's budget.


Parliamentary secretary to the prime minister Christian Porter told Sky those measures would fund a proposed increase to child care.
"The fiscal reality is that there must be savings that you garner to pay for the package," Mr Porter said.

Budget coverage in your inbox

Subscribe to get ABC News email updates, including reports and analysis of the federal Budget fine print and how it will affect you, as well as alerts on major breaking news.
"These are the savings that have been put on the table and we have to negotiate around these savings to make the package happen.

"I think that might just focus the mind of crossbenchers.

"Because if they go back to their constituencies who want the benefits of the childcare package, and who I think ultimately will be willing to live with savings in other areas, that ultimately will put pressure on the crossbenchers that maybe hasn't been there before."

Ms Macklin said asking families to accept the trade-off was unfair.

"The Government should not be saying to families that face a cut to their income of more than $6,000 a year that they have to take that cut for other families to get improvements to child care," she said.

"That is just outrageously unfair and families are very, very angry that that is the way that Tony Abbott is treating them."

abc.net.au  25 May 2015
This is just another action where the government sticks a knife into to nation's vulnerable people.
A clear indication that the slaves (read serfs) are literally nothing but a liability to the government, bled dry to support the high wages of the corporate criminal elite.
Another kick in the teeth for the cannon fodder, while they idly stand still and do nothing about it. 

Tuesday, May 26, 2015

Former police officers under suspicion over Gold Coast boiler room scams that raked in millions of dollars

Former police officers are in the sights of Queensland's Crime and Corruption Commission (CCC) as it investigates multi-million-dollar Gold Coast fraud syndicates.

There are allegations the syndicates may have been protected by corrupt former officers.

The CCC and police are probing a range of so-called boiler rooms, or high-pressure sales offices.

Customers across Australia invested tens of thousands of dollars in software packages on promises of high returns from sports betting.

But in the words of one insider, "it's a giant con".

In an exclusive ABC interview, CCC acting chairman Ken Levy said the crime-fighting body had found victims of the scams in Queensland, New South Wales, Victoria and Western Australia.

Do you know more about this story? Email investigations@abc.net.au
 

Dr Levy said the CCC had ruled out any improper involvement by serving officers in the boiler rooms targeted.

But former police are not off the hook.

"We have followed, over the last 12 months of the operation, all the people who could be relevant," Dr Levy said.

"There has been no involvement, no corrupt conduct from serving police in relation to the boiler rooms we're investigating.

"In relation to former police, we haven't come to a concluded view about that.

"The investigation isn't completed and because that's operational in nature I'm precluded legally and for other reasons from making any other comments at this stage."

Meet the main players

The go-to guy

Mick Featherstone was a Queensland police detective until 1996. He was investigated after $20,000 disappeared following a Gold Coast drug bust, but there were no charges. After leaving the QPS he became one of the Gold Coast's best-known private detectives, specialising in reputation management and corporate work. Many of his clients have been involved in the gambling industry or sports betting investment schemes. Featherstone is the focus of the CCC's Lima Violin II probe into cold-calling investment frauds and money laundering.

The anti-corruption boss

Crime and Corruption Commission (CCC) head Ken Levy has taken a hands-on role in the investigation of so-called boiler room fraud. He told the ABC the CCC had begun probing three Gold Coast syndicates a year ago and had since unearthed three more. Victims were typically over 50, self-employed and some had lost their entire superannuation to scammers, he said. Dr Levy wants the operations outlawed and says the CCC had not ruled out that former police could have protected some of the scams.

The former police detective

Stuart Phillis spent 17 years as a detective on the Gold Coast. Two separate cases he worked between 2007 and 2010 involving real estate fraud and extortion targeted clients of private investigator Mick Featherstone. Phillis believed Featherstone was receiving confidential police information and tipping off his clients and their lawyers. Phillis told the ABC the leaks stopped when he stopped putting information about the cases on the police computer. When he raised this and Featherstone's known connections to senior officers with his superiors, he said he was told: "Don't go there".

The cartoonist

Political cartoonist and Gold Coast racing identity Larry Pickering is alleged to have been behind a scam that took at least $5 million from hundreds of mum and dad investors between 2007 and 2009. Private investigator Ken Gamble provided the Queensland fraud squad with a 250-page brief of evidence on the scam in 2011, including a sworn statement from an insider naming Pickering, but victims claim police have failed to investigate. Police have never interviewed the insider. Pickering has denied involvement.

The investigator

Ken Gamble, a NSW private investigator now based in the Philippines, has spent five years investigating a range of frauds on the Gold Coast after being hired by dozens of victims across Australia. In 2011, after looking at one of these scams and carrying out surveillance, he provided the Queensland Police fraud squad with a 250-page brief of evidence on companies linked to cartoonist Larry Pickering alleged to have defrauded more than 30 victims of at least $5 million. Gamble and the scam victims have been pressuring the fraud squad to act ever since. Pickering has denied involvement.

The boiler room manager

A former nightclub owner with connections to the boxing industry, Phil Cropper, was acquitted of an attempted extortion on Russell Crowe in 2002. In 2005 he received a suspended sentence for shooting his girlfriend in the hand during a drunken argument. A close associate of Mick Featherstone, he has run several so-called "boiler room" operations on the Gold Coast, with a reputation for high staff turnover. He fled overseas last year in the wake of raids on Featherstone's private investigations business.

The boiler room salesman

'Jason' has worked for the last five years in a range of boiler rooms on the Gold Coast. Jason initially thought the businesses were legitimate because complaints were handled by other people in the operation. After he saw an ABC 7.30 program in September 2014 that revealed a boiler room fraud victim had committed suicide, he felt compelled to speak out. Jason said he had eventually realised the software sold by these operations didn't work, and the people running them made false claims and were "ruthless". Some had involvement in other forms of organised crime, he said.

The investment fraud victim

Small business owner Matt Jennings was looking for a second income he could earn from home and like about 300 others, signed up with a company selling sports arbitrage software called Cohen Strachan Investments, eventually putting in about $50,000. Everything went well until he tried to draw out some of the money it appeared he had earned. The company then shut up shop and the people involved disappeared. Jennings and a group of 12 other victims have been lobbying the fraud squad to investigate ever since, they claim without success.

The real estate fraud victim

Rod Lambert, a real estate agent and property developer on the Gold Coast, agreed in 2007 to buy a multi-million dollar property at a value based on previous transactions that he later discovered were fake. Two of the people involved in the deal were clients of private investigator Mick Featherstone's firm Phoenix Global. The firm tried to gather evidence that Lambert had defamed these people. Gold Coast police used a brief of evidence gathered by Phoenix Global when it prosecuted Lambert for an alleged trespass in 2010. The charge was later dropped. Lambert has been trying to get the QPS fraud squad to investigate the alleged fraud since 2008. The ABC understands the Crime and Corruption Commission is now looking into possible corruption of public records.

The sports trader

Professional poker player and sports trader Luke Brabin was hired to help set up and run a sports arbitrage company following a meeting with Larry Pickering at Jupiters Casino on the Gold Coast in 2007. He worked at the operation for five months but quit after realising all the people he was working with were using false names, making false claims about the product and ignoring customer complaints. He provided a sworn statement to investigator Ken Gamble in 2011 implicating Larry Pickering as the financier and controller of the operation, which is alleged to have defrauded victims of at least $5 million. Brabin has never been contacted by police. Pickering has denied involvement.


Detective feared information was being leaked from police computer

A former Gold Coast police detective has told the ABC's 7.30 program he tried to blow the whistle on what he saw as improper relationships between police and the private investigator at the centre of the CCC's boiler room investigation, Mick Featherstone.

Stuart Phillis, who spent 17 years as a Queensland Police Service detective on the Gold Coast, told the ABC he suspected information on the police computer system had been leaking to clients of Featherstone who were being investigated for fraud and other serious offences.

But Mr Phillis was warned off by his superiors when he raised the close links between Featherstone, himself a former detective, and senior Gold Coast officers.

What is a boiler room?

  • High-pressure sales offices using telemarketers working from a carefully prepared script
  • Sell software they claim can beat the odds on sports betting or other "investments" involving share trading, foreign exchange dealing or real estate
  • Buy lists of people to target who are likely to be looking for a second income or interested in gambling
  • People making the calls rarely use their own names; "testimonials" and "trial runs" to hook customers are often fake
  • Staff usually paid a few hundred dollars a week plus commissions on each sale
  • Masterminds buy old off-the-shelf companies with no complaint history and then close them down when complaints become a reputational problem
  • Concentrated in Australia on the Gold Coast for the last 10 years, but target customers nationwide or even overseas

"I actually went to one of my bosses and said: 'You know, information is getting out, there's a bit of a thing going on here — Featherstone is obviously involved in it'," he said.


"I got told basically, 'don't go there'.

"From that day I decided there's nothing going on that computer."

Another former detective told the ABC he received a phone call from Featherstone around the same time seeking information about the progress of one of these investigations, during which the private eye dropped the name of a senior police officer.

"He said [the senior officer] had said it was alright," the former detective said.

The suspect, Mario Girardo, was later convicted and jailed on kidnap and extortion charges.

The ABC has established that since the mid-2000s, four former Queensland police officers have gained work at Featherstone's company Phoenix Global. Before they joined the firm three of them were caught up in separate corruption investigations and one was jailed for corruption and perjury.

The other was previously a senior fraud squad detective.

Last year 7.30 revealed that the CCC was probing allegations of fraud and money laundering by three companies linked to Featherstone.

The companies are alleged to have cold-called hundreds of people across Australia and sold them sports betting software under the guise of an investment product, with promises of high returns.

Victims claimed the software did not work; all lost their money when the companies suddenly shut up shop.

Some of the alleged frauds

Lima Violin II frauds

  • Amount: At least $4 million in UK Home Based Business alone
  • Location: Gold Coast
  • First reported: January 2014 to Gold Coast police
  • Arrests: 3 in 2015 (relating to other companies discovered during the investigation)
  • Charges: Fraud, money laundering
In early 2014 the Crime and Corruption Commission began Operation Lima Violin II, investigating three Gold Coast-based cold-calling investment companies or "boiler rooms" called UK Home Based Business, Lay Trading Solutions and Pegasus Trader. They were alleged to have defrauded dozens of people around Australia. The ABC uncovered evidence showing hundreds of thousands of dollars of customers' money being withdrawn from bank accounts held by UK Home Based Business in unexplained cash withdrawals. The company was managed by former nightclub owner Phil Cropper.

Cohen Strachan Investment/Nominee Traders/International Arbitrage Strategies sports betting scheme

  • Amount: At least $4.8 million
  • Location: Gold Coast, Hong Kong
  • First reported: March 2011 to QPS fraud squad
  • Arrests: None
  • Charges: None
In 2007 dozens of people across Australia were cold-called by a boiler room operation on the Gold Coast promising high returns from an investment scheme based on placing bets on horse races. The scheme was suddenly shut down and victims lost all their money, in some cases several hundred thousand dollars. A key insider implicated cartoonist Larry Pickering as being behind the scam. Investigator Ken Gamble gave a 250-page brief of evidence to the QPS fraud squad in 2011. It included a surveillance photo of private detective Mick Featherstone with one of the alleged masterminds of the scheme. The key witness has never been contacted or interviewed by police. Victims say they are still waiting for the QPS to investigate the fraud.

Proficient First/Excellence IV scam

  • Amount: Up to $4 million
  • Location: Gold Coast
  • First reported: Referred by NSW Police to Queensland fraud squad in 2011; exposed by 7.30 in September 2012
  • Arrests: 1 (John Hanneman arrested by QPS fraud squad May 2015)
  • Charges: Fraud
Fake companies are alleged to have cold-called people in Queensland, New South Wales and the Northern Territory, offering software that would calculate odds on sporting events and promising to lay bets on their behalf. Police and victims suspect the money paid was simply withdrawn. Victims complained that the scammers, whose operation began in 2008, were still operating in 2012. Announcing the arrest in May 2015, Detective Superintendent Brian Hay said it was a "significant milestone ... towards identifying, disrupting and dismantling boiler room fraud operations". "We might not find out about the occurrence of these things until about two or three years after the event," he said.

Hedges Avenue 'put and call'

  • Amount: About $10 million
  • Location: Gold Coast
  • First reported: 2008 to Gold Coast detectives who later referred it to the fraud squad
  • Arrests: None
  • Charges: None
Developer Rod Lambert claims he was defrauded in an elaborate scheme in which a Gold Coast luxury property he had agreed to buy had false values attributed to it based on transactions that did not take place. The people involved in the sale were clients of Mick Featherstone. His private investigations company Phoenix Global attempted to find evidence Mr Lambert was defaming the real estate agents. Phoenix Global also drew up a brief of evidence used by Gold Coast police to prosecute Lambert over an alleged trespass at the real estate agents' offices. After years of police inaction, the ABC understands the Crime and Corruption Commission is now examining claims that the public record was corrupted during the scandal.


'It's organised crime ... they think they're untouchable'

'Jason', an insider who worked in several Gold Coast boiler rooms, has revealed to the ABC how the scams worked.

"The cost of the software ranges between $20,000 to $30,000," he said.

"It's mainly horse racing software which is sold on the basis it can make people up to $80,000 a year. But it's a giant con. It doesn't work."

'Jason', who is also a key witness for the CCC, estimated the operations he knew of had netted at least $200 million in the last 10 years.

"It is organised crime, and they think they're untouchable," he said.



"They pride themselves in saying they run the 'cartel'. They use the word cartel. It's an organised crime syndicate."

The ABC last year uncovered evidence showing Featherstone's key role in setting up and running some of these operations.

Dr Levy said the CCC had since unearthed a further three operations, including a fake non-sexual escort service that had collected hundreds of thousands of dollars from prospective escorts but not provided any services.

He said money laundering had "been evident" during the probe.

Dr Levy confirmed the scale of the operations, saying that a single boiler room syndicate had taken more than $100 million.

"This is clearly organised crime — and it's fraud," he said.

Victims say fraud squad failed to act

Victims of the scams complain that Queensland police have previously failed to act, despite years of complaints.

They say they have tried in vain to get the QPS fraud squad to move against the operations, which have targeted people across Australia but are based on the Gold Coast.

The ABC has obtained an audio recording in which a manager of several Gold Coast boiler room operations, Phil Cropper, even boasts to one of the victims that he operated in full view of the fraud squad.
"The police know," Mr Cropper says in the recording.

"You ring up the Queensland fraud squad, right, they know where my office is, which floor I'm on. They know which office I work in.

"They know I start at six in the morning and finish at seven at night. They know everything about me.
"If they had a problem with me ... they've been through my office before and they left and they said it was the best-run office they've ever seen."

The ABC put a series of detailed questions to the QPS about a range of complaints made to police about alleged Gold Coast frauds going back to 2008.

The QPS did not directly address the questions, saying simply that matters were under investigation.

"The QPS has acted on complaints received and information provided," it said.

"State Crime Command adopts an agile and flexible model of policing ensuring resources are attributed to those crimes and issues that pose significant threat or risk."

abc.net.au  26 May 2015

Australia's (finest) police are literally the most corrupt.

Let's see how Australia's corrupt judicature and the corrupt DPP (read police) will handle their corrupt 'brethren'.

Monday, May 25, 2015

Austlii deleted High Court Australia transcripts

Here are a couple of cases where the transcripts do not exist on Austlii.edu.au but were once available.

They pertain to the ATO (Australian Tax Office) and its legitimacy.

At the time of this post, the results from the two links (listed below)

http://www.austlii.edu.au/au/other/hca/transcripts/2002/S153/1.html


http://www.austlii.edu.au/au/other/hca/transcripts/1999/B54/1.html

are the same as shown in one illustration below:


that being 404 File not found error.

Happy researching!

Grantham flood commission provided false report

On Sunday the 24th of May 2015, on the Australian program 60 minutes it was revealed that the commission into the flood which occurred in Grantham (approximately 100km west of Brisbane), Queensland in 2011, was (deliberately) prepared with false information into the cause of the flood.



Also it would be quite plausible for the interested parties to dismantle any evidence pertaining to the dam wall which was owned by Boral, that collapsed and cased the flood.

As a result the Australian people, especially the victims whose families lost 12 people in total should be pressing criminal charges against those who prepared the report, and the negligence of the company behind the 'flood'.

This is the extent of corruption with Australia's so called authorities, where even a commission's report is falsified.

How many other commissions or even Royal Commissions have falsified 'facts' in order to conceal corporate fraud, in support of the 'brotherhood'?

It this case it would be all about (insurance) liability in labeling the flood an act of 'God' as 'God' is not a 'legal' or 'natural' person therefore cannot be sued.

Read also article from the brisbanetimes.com.au (25 May 2015) below:

Flight logs show 2011 Grantham, Queensland floods man-made disaster

Grantham: 'this was no act of God'

A 60 Minutes report claims that a burst quarry wall caused the Grantham flood devastation and the Premier wants to ensure "residents get closure".

 
New evidence has emerged suggesting the monster floods that devastated Grantham four years ago was a man-made disaster that could have been avoided, 60 minutes reports.

Helicopter flight logs from the Nine News chopper add to a growing inventory of evidence that locals say was ignored by the commission set up to investigate the causes of the 2011 Queensland floods.

Grantham, in the Lockyer Valley, was described as a "war scene" and "completely and utterly devastated" by the January 10 flood that killed 12 people in the town of 300 residents.

Nick Cater speaking to <i>60 Minutes</i>. Nick Cater speaking to 60 Minutes.

Relying heavily on the expert evidence of hydrologists, the commission's final report concluded that the Grantham quarry wall might have lessened the impact of the floods.

But first-hand accounts from residents have long contradicted the commission's findings, claiming a powerful inland tsunami hit the town when the quarry burst.

The chopper's log supported eyewitness accounts as well as the findings of an independent report spearheaded by The Australian journalist Nick Cater.

Gratham inundated with water after monster floods in 2011. Gratham inundated with water after monster floods in 2011.

"The commission report got it flat wrong," Mr Cater told 60 minutes.

The commission concluded that a wall of flood water hit Grantham between 3.15 and 3.30pm, which fit the timeline of events that suggested the overflowing river upstream was the cause of the devastation.

But the Nine News chopper, which flew over the town in the Lockyer Valley and recorded the wall of water ripping through the town didn't leave Brisbane until 4.16pm.

Stills of video footage of Grantham after the floods. Stills of video footage of Grantham after the floods.

During that missing hour, water was building up behind the quarry wall up stream owned by concrete giant Wagners, according to Cater's report commissioned by The Australian.

The quarry stopped the water running its natural course along the river, forcing it to build up over the course of the hour, Cater said.

When the quarry burst it caused a giant inland tsunami that wiped out the town.

"It was man-made intervention. It was no act of god," Cater told 60 minutes.

"You can imagine it's like a dam bursting … this enormous volume of water taking everything in its path with tremendous force," Cater told 60 minutes.

"Whole houses demolished, one house exploded … nothing can survive," he said.

Queensland Premier Annastacia Palaszczuk announced a second commission of inquiry into the Grantham flood earlier this month.

The second inquiry will investigate whether the landscape, including the quarry, contributed to the flood.
"Residents of Grantham and their Mayor Steve Jones have been calling for this inquiry and we have been listening," she told the Queensland House of representatives when she launched the inquiry.

"The people of Grantham have suffered through a horrific, terrifying, fatal event they deserve and require further closure.

"They are determined that the deaths of their friends and neighbours and family members on that day will not be in vain," she said.

The inquiry will run until August 31 to allow independent modelling to take place.

ref:  http://www.brisbanetimes.com.au/queensland/flight-logs-show-2011-grantham-queensland-floods-manmade-disaster-20150525-gh8no2

Kangaroo Courts of Australia are star chambers contrary to law - Part 2

In Australia, there may or may not be such a thing called 'law' according to some, where the only form of 'law' is policy agreements.

Australian (kangaroo) courts are not real courts as they take away the ability for a defendant or prosecutor to challenge any legislation and then removing the right to a jury which brings the operators of this institution into the realm of a Star Chamber, then linking section 100(2) of the Magistrates Court Act 1989 which reinforces the arbitrary condition of the Justice System which is a Roman Vatican realm.


As mentioned in the above paragraph, Australian courts, contrary to 'law' are factually 'star chambers'.

The courts are actually places of business, trading and commerce.

The information below is available in (45page 180KB) pdf format document from the Austlii source:

https://drive.google.com/file/d/0B21_coIgIYu2U2ZrcGlVbVFVVzA/view?usp=sharing

PS. Don't forget Austlii removes certain information pertaining to cases or even entire cases.

See: 

MAGISTRATES' COURT ACT 1989 - SCHEDULE 8 

SCHEDULE 8
SAVINGS AND TRANSITIONALS
    1 (1)     The Magistrates' Court shall be deemed to be the same Court as the several Magistrates' Courts existing immediately before the commencement of Part 2 and no action, matter or thing shall be abated or affected by the change in the establishment or name of the Court.
    (2)     Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a Magistrates' Court or to Magistrates' Courts is to be taken to refer to the Magistrates' Court.
    (3)     Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a Magistrates' Court held at a particular place is to be taken to refer to the Magistrates' Court sitting at that place or, if the Magistrates' Court does not sit at that place, to the Court sitting at the place that is nearest to that place.
    2 (1)     Each person who holds office as a magistrate immediately before the commencement of Part 2 holds office as a magistrate under and subject to this Act on and from that commencement without any further appointment.
    (2)     Each person who holds office as Chief Magistrate or Deputy Chief Magistrate immediately before the commencement of Part 2 holds office as Chief Magistrate or Deputy Chief Magistrate (as the case requires) under and subject to this Act on and from that commencement without any further appointment.
    (3)     Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a police magistrate or to a stipendiary magistrate is to be taken to refer to a magistrate.
    3 (1)     Each person who holds office as a clerk of a Magistrates' Court immediately before the commencement of Part 3 holds office as a registrar of the Court under and subject to this Act and the Public Service Act 1974 on and from that commencement without any further appointment.
    (2)     Each person who holds office as a deputy clerk of a Magistrates' Court immediately before the commencement of Part 3 holds office as a deputy registrar of the Court under and subject to this Act and the Public Service Act 1974 on and from that commencement without any further appointment.
    (3)     Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a clerk of a Magistrates' Court is to be taken to refer to a registrar of the Court.
    (4)     Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a deputy clerk of a Magistrates' Court is to be taken to refer to a deputy registrar of the Court.
Sch. 8 cl. 4 amended by No. 69/2009 s. 54(Sch. Pt 1 item 34.11).
    4     Unless the context otherwise requires, any reference in any Act (other than this Act, the Evidence Act 2008 or the Evidence (Miscellaneous Provisions) Act 1958 ) or in any subordinate instrument to a justice of the peace is to be taken to refer to a magistrate.
    5     If by any Act (other than this Act) or by any subordinate instrument a procedure is prescribed for or in relation to any proceeding in the Court or for or in relation to any step or process in such a proceeding and there is prescribed by this Act or the Rules a procedure that is applicable to such a proceeding or step or process, the procedure prescribed by this Act or the Rules applies despite the provisions of that Act or subordinate instrument.
    6     A civil proceeding in the Court must, despite anything in any Act or subordinate instrument, be commenced and conducted in accordance with the Rules and not otherwise.
    7     A criminal proceeding in the Court must, despite anything in any Act or subordinate instrument, be commenced and conducted in accordance with this Act and not otherwise.
    8     An order made by the Court in a civil proceeding (other than an order made under the Imprisonment of Fraudulent Debtors Act 1958 or the Judgment Debt Recovery Act 1984 ) must be enforced in accordance with this Act and the Rules and not otherwise.
    9     If by or under any Act other than this Act any jurisdiction, power or authority is vested in a magistrate
        (a)     that jurisdiction, power or authority may be exercised in accordance with this Act and the Rules by the Court in all respects as that magistrate might have done; and
        (b)     the Court constituted in accordance with this Act and the Rules has jurisdiction, power or authority co-ordinate with the jurisdiction, power or authority of the magistrate.
    10     If by or under any Act other than this Act any jurisdiction, power or authority is vested in a Magistrates' Court or in any magistrate or justice of the peace by the use of the words "a Magistrates' Court", "a Magistrates' Court constituted by a magistrate", "a magistrate proceeding in chambers", "a magistrate" or "a justice" or by any words referring to a Magistrates' Court or to any magistrate or justice of the peace, that jurisdiction, power or authority may be exercised by the Court in accordance with this Act and the Rules.
    11     Unless the context otherwise requires, any reference in any Act or in any subordinate instrument or in any document or writing of any kind whatsoever to a process, summons, warrant or other thing specified in column 1 of the Table is to be taken to refer to the process, summons, warrant or other thing specified opposite it in column 2 of the Table.
TABLE
Column 1 Column 2
Information Charge
Preliminary examination Committal proceeding
Warrant to apprehend Warrant to arrest
Warrant to search Search warrant
Warrant of distress Warrant to seize property
Warrant of commitment Warrant to imprison, warrant to detain in a youth training centre or remand warrant, whichever is appropriate
    12 (1)     The Magistrates' Courts Act 1971 and the Magistrates (Summary Proceedings) Act 1975 continue, despite their repeal and despite any rule of law to the contrary, to apply to—
        (a)     any action or matter pending in a Magistrates' Court immediately before the commencement of Part 2 unless at that commencement—
              (i)     the hearing of that action or matter had not commenced; or
              (ii)     no evidence had been given on the hearing of that action or matter; and
        (b)     any re-hearing or review of, or appeal from, any action or matter—
              (i)     that was concluded before the commencement of Part 2; or
              (ii)     to which, by virtue of paragraph (a), the Magistrates' Courts Act 1971 and the Magistrates (Summary Proceedings) Act 1975 continue to apply; and
        (c)     the enforcement of any order made in any action or matter referred to in paragraph (b).
    (2)     Part VIIA of the Magistrates (Summary Proceedings) Act 1975 continues, despite its repeal, to apply to enforcement orders made under that Part before the commencement of section 99 of this Act.
    (3)     Section 168 of the Magistrates (Summary Proceedings) Act 1975 continues, despite its repeal, to apply in relation to a proceeding for an offence if, at the commencement of section 130, the hearing of that proceeding had commenced.
    (4)     Subclause (1) applies except as otherwise expressly provided by the Rules with respect to civil proceedings.
    13     All fines imposed before the commencement of section 97 and not recovered before that commencement may be recovered in all respects as if this Act had not been passed.
Sch. 8 cl. 14 inserted by No. 49/1990 s. 3, repealed by No. 10/1999 s. 8(4).
    *     *     *     *     *
Sch. 8 cl. 15 inserted by No. 23/1991 s. 10, repealed by No. 10/1999 s. 8(4).
    *     *     *     *     *
Sch. 8 cl. 16 inserted by No. 44/1997 s. 31.
    16     The amendment of section 58(1)(b) made by section 29 of the Law and Justice Legislation Amendment Act 1997 applies to warrants issued before as well as after the commencement of section 29 of that Act.
Sch. 8 cl. 17 inserted by No. 44/1997 s. 31.
    17     The amendment of Schedule 7 made by section 30(2) of the Law and Justice Legislation Amendment Act 1997 applies to warrants issued before as well as after the commencement of section 30(2) of that Act.
Sch. 8 cl. 18 inserted by No. 81/1997 s. 13, repealed by No. 10/1999 s. 8(4).
    *     *     *     *     *
Sch. 8 cl. 19 inserted by No. 10/1999 s. 24(3).
    19     The amendments of section 126 of this Act made by section 24(1) and (2) of the Magistrates' Court (Amendment) Act 1999 apply to proceedings, whether commenced before or after the commencement of that section of that Act.
Sch. 8 cl. 20 inserted by No. 10/1999 s. 7.
    20 (1)     Schedule 5, as substituted by section 4 of the Magistrates' Court (Amendment) Act 1999 applies only with respect to the hearing of charges filed after the commencement of that section.
    (2)     Schedule 5, as in force immediately before the commencement of section 4 of the Magistrates' Court (Amendment) Act 1999 , continues to apply, despite its repeal, with respect to the hearing of charges filed before that commencement.
    (3)     Any amendment of this Act made by a provision of Part 2 of the Magistrates' Court (Amendment) Act 1999 does not alter the nature of a committal proceeding from that existing immediately before the commencement of that provision.
Sch. 8 cl. 21 inserted by No. 10/1999 s. 16.
    21 (1)     The amendments of this Act made by sections 9, 13 and 14 of the Magistrates' Court (Amendment) Act 1999 apply only with respect to appeals to the County Court where notice of appeal is given on or after 1 July 1999.
    (2)     The repeal of section 87 effected by section 10 of the Magistrates' Court (Amendment) Act 1999 does not affect an appeal to the County Court where the notice of appeal was given before 1 July 1999.
    (3)     Section 88AA, as inserted by section 11 of the Magistrates' Court (Amendment) Act 1999 , applies only with respect to appeals to the County Court where notice of appeal is given on or after 1 July 1999.
Sch. 8 cl. 22 inserted by No. 92/2000 s. 10.
    22 (1)     The amendments of sections 34 and 35 of this Act made by section 4 of the Magistrates' Court (Committal Proceedings) Act 2000 apply only with respect to summonses issued on or after the commencement of that section of that Act.
    (2)     The amendments of section 56A of this Act made by section 6 of the Magistrates' Court (Committal Proceedings) Act 2000 apply only with respect to applications made under section 56A(1), and to proceedings held under orders made on such applications, on or after the commencement of that section of that Act.
    (3)     Subject to subclauses (4) to (8), an amendment of Schedule 5 to this Act made by a provision of Part 2 of the Magistrates' Court (Committal Proceedings) Act 2000 applies only with respect to the hearing of charges filed in the Court on or after the commencement of that provision.
    (4)     If a defendant has given a notice under clause 12(1)(a) of Schedule 5 to this Act before the commencement of section 7(9) of the Magistrates' Court (Committal Proceedings) Act 2000 but an application for leave to cross-examine the witness has not been made before that commencement, the notice has effect on and after that commencement as if it were a notice given in accordance with that clause as amended by that Act and the application for leave shall be made and determined in accordance with Schedule 5 to this Act as amended by that Act.
    (5)     If an application for leave to cross-examine a witness at a committal proceeding has been refused before the commencement of section 7(9) of the Magistrates' Court (Committal Proceedings) Act 2000 but the committal proceeding has not been held before that commencement, the Court may, on the application of the defendant, grant leave to the defendant to give a fresh notice under clause 12(1)(a) of Schedule 5 to this Act as amended by that Act if satisfied that it is in the interests of justice to do so.
    (6)     Subject to subclause (5), a notice that the defendant intends to seek leave to cross-examine a witness at a committal proceeding may be given, and an application for leave to cross-examine a witness at a committal proceeding may be made, on or after the commencement of section 7(9) of the Magistrates' Court (Committal Proceedings) Act 2000 in accordance with Schedule 5 to this Act as amended by that Act, irrespective of when the charge to which the proceeding relates was filed in the Court.
    (7)     If leave to cross-examine a witness to whom clause 13 of Schedule 5 to this Act applies has been granted before the commencement of section 8 of the Magistrates' Court (Committal Proceedings) Act 2000 but the cross-examination has not commenced before that commencement, the amendment of that Schedule made by that section applies with respect to the cross-examination.
    (8)     Clause 24A of Schedule 5 to this Act, as inserted by section 9 of the Magistrates' Court (Committal Proceedings) Act 2000 applies irrespective of when the defendant was committed for trial.
Sch. 8 cl. 23 inserted by No. 99/2000 s. 14 (as amended by No. 12/2001 s. 11).
    23     Any amendment of this Act made by the Magistrates' Court (Infringements) Act 2000 applies to infringement notices, enforcement orders, warrants and custodial community permits issued before as well as after the commencement of that Act.
Sch. 8 cl. 24 inserted by No. 99/2000 s. 14 (as amended by No. 12/2001 s. 11).
    24     If the operation of clause 23 would result in an enforcement order expiring before the date section 11 of the Magistrates' Court (Infringements) Act 2000 came into operation, the order expires on that date.
Sch. 8 cl. 25 inserted by No. 99/2000 s. 14 (as amended by No. 12/2001 s. 11).
    25     Despite clauses 23 and 24, if an application to have an application for the revocation of an enforcement order referred to the Court under clause 10(6) of Schedule 7 was pending immediately before section 11 of the Magistrates' Court (Infringements) Act 2000 came into operation, the order remains in force until the registrar refuses the application for referral or, if the referral is made, until the Court revokes or refuses to revoke the order.
Sch. 8 cl. 25 inserted by No. 61/2001 s. 12(2),
re-numbered as Sch. 8 cl. 26 by No. 35/2002 s. 24(a).
    26     The amendment of item 49 in Schedule 4 to this Act made by the Drugs, Poisons and Controlled Substances (Amendment) Act 2001 applies to offences alleged to have been committed before as well as after the commencement of that Act.
Sch. 8 cl. 27 inserted by No. 35/2002 s. 24(b).
    27 (1)     The amendments made to this Act by sections 12, 13, 14, 15, 19 and 20 of the Criminal Justice Legislation (Miscellaneous Amendments) Act 2002 apply to a criminal proceeding commenced on or after the commencement of that Act.
    (2)     Section 128A as inserted by section 17 of the Criminal Justice Legislation (Miscellaneous Amendments) Act 2002 applies to a criminal proceeding for an offence, whether commenced before or after the commencement of section 17 of that Act.
Sch. 8 cl. 28 inserted by No. 27/2002 s. 9.
    28     The amendments of this Act made by section 6 of the Magistrates' Court (Koori Court) Act 2002 apply with respect to a proceeding for an offence, irrespective of when the offence was committed or the proceeding commenced.
Sch. 8 cl. 29 inserted by No. 39/2003 s. 10.
    29     The amendments made to this Act by section 6 of the Courts Legislation (Amendment) Act 2003 apply with respect to a proceeding for an offence, whether the offence is alleged to have been committed before or after the commencement of that section.
Sch. 8 cl. 30 inserted by No. 31/2004 s. 8.
    30     A person is eligible for appointment as a magistrate under section 7 if the person was, immediately before the commencement of section 4(2) of the Courts Legislation (Judicial Appointments) Act 2004 , eligible for appointment under section 7(3)(b) as then in force.
Sch. 8 cl. 31 inserted by No. 68/2004 s. 5.
    31     The amendments made to this Act by sections 3 and 4 of the Magistrates' Court (Increased Civil Jurisdiction) Act 2004 apply only with respect to proceedings commenced on or after the commencement of that Act.
Sch. 8 cl. 31A inserted by No. 15/2005 s. 12.
    31A     The amendment made to this Act by section 11 of the Sentencing (Further Amendment) Act 2005 applies to a proceeding for an offence commenced on or after the commencement of that section, regardless of when the offence is alleged to have been committed.
Sch. 8 cl. 32 inserted by No. 3/2005 s. 13.
    32     The substitution of section 9 of this Act made by section 11 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 does not affect an appointment made under section 9 as in force immediately before the commencement of section 11 of that Act and a magistrate who has been so appointed and who holds the office of acting magistrate immediately before that commencement continues in that office subject to section 9 as if section 9 had not been substituted.
Sch. 8 cl. 33 inserted by No. 3/2005 s. 13.
    33     The substitution of clause 11 in Part 2 of Schedule 1 to this Act made by section 12 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005 does not affect the remuneration of an acting magistrate applicable immediately before the commencement of section 12 of that Act and an acting magistrate who receives remuneration under clause 11 immediately before that commencement continues to receive remuneration during the period of his or her appointment as if clause 11 had not been substituted.
Sch. 8 cl. 34 inserted by No. 19/2005 s. 10.
    34 (1)     Subject to subclauses (2) and (3), the amendments of section 140 of this Act made by section 8 of the Magistrates' Court (Judicial Registrars and Court Rules) Act 2005 do not affect the operation of any regulations made under that section of this Act.
    (2)     If, but for subclause (1), a provision of the regulations made under section 140 would cease to have effect because of the repeal of the power conferred by that section to make the provision, the provision continues in operation until it is revoked or the first anniversary of the commencement of section 8 of the Magistrates' Court (Judicial Registrars and Court Rules) Act 2005 (whichever first occurs).
    (3)     A provision of the regulations made under section 140 is of no force or effect to the extent that it deals with a matter dealt with by a rule made under section 16(1A).
    (4)     Despite the amendments of section 140 of this Act made by section 8 of the Magistrates' Court (Judicial Registrars and Court Rules) Act 2005 and without limiting any other power to make regulations conferred by this Act, the Governor in Council may, until the first anniversary of the commencement of section 8 of the Magistrates' Court (Judicial Registrars and Court Rules) Act 2005 , make regulations under that section revoking any provision of the regulations made under a power conferred by that section that is repealed by those amendments.
Sch. 8 cl. 35 inserted by No. 87/2005 s. 33.
        35     Savings provisions—instalment arrangements and payment plans
    (1)     Despite the amendment of Schedule 7 by section 28 of the Investigative, Enforcement and Police Powers Acts (Amendment) Act 2005
        (a)     any instalment arrangement of a kind referred to in clause 3(2A) of Schedule 7 in force immediately before the commencement of section 28 of that Act continues to have effect and may be enforced in accordance with Schedule 7 as in force immediately before that commencement as if those amendments had not been made; and
        (b)     any certificate under clause 4(2) of Schedule 7 provided to a registrar under clause 4(1) of that Schedule which certifies as to a matter referred to in clause 4(2)(da) as in force immediately before the commencement of section 28 of that Act—
              (i)     continues to have effect as if those amendments had not been made; and
              (ii)     is a valid certificate for the purposes of enforcement under Schedule 7 of the infringement penalty and any prescribed costs to which that certificate relates; and
        (c)     clause 3A of Schedule 7 as in force immediately before the commencement of section 28 of that Act continues to have effect in respect of any instalment arrangement to which that clause applied immediately before that commencement as if clause 3A had not been amended by that Act.
    (2)     Nothing in this clause prevents an instalment arrangement of a kind referred to in clause 3(2A) of Schedule 7 in force immediately before the commencement of section 28 of the Investigative, Enforcement and Police Powers Acts (Amendment) Act 2005 being cancelled or revoked and a payment plan under Part 5 of Schedule 7 being offered and accepted in respect of any infringement penalty and prescribed costs to which that instalment arrangement applied.
Sch. 8 cl. 35A inserted by No. 2/2006 s. 41A (as amended by No. 76/2006 s. 13).
    35A     An amendment made to this Act by a provision of section 40 or 41 of the Crimes (Sexual Offences) Act 2006 applies only to a criminal proceeding commenced on or after the commencement of that provision.
Sch. 8 cl. 36 inserted by No. 32/2006 s. 89.
        36     Validation of service of certain documents under Schedule 7
    (1)     Despite anything to the contrary in section 49(1) of the Interpretation of Legislation Act 1984 , if under or for the purposes of Part 2 of Schedule 7 to this Act as in force immediately before its repeal by section 176(2) of the Infringements Act 2006 , any document had been served on a person by post to an authorised address and that document had been returned undelivered to its sender, that document—
        (a)     must be taken to have been validly served on the day that is 14 days after the date specified in the document as the date of that document, despite it being returned to its sender as undelivered; and
        (b)     any enforcement action taken under that Schedule must be taken to be a valid action under that Schedule.
    (2)     For the purposes of this section, "authorised address" means—
        (a)     an address recorded in relation to a person in a register kept by a public statutory body (including, in relation to a director, alternate director or secretary of a company within the meaning of the Corporations Act, the Australian Securities and Investments Commission) if by law that person or another person is required to notify that public statutory body of any change in that address;
        (b)     in relation to any document in respect of a transport infringement within the meaning of the Transport Act 1983 or a ticket infringement within the meaning of that Act, an address provided by a person to an authorised officer or police member under section 218B of that Act after that officer or that member has requested the person to state his or her name and address because the officer or member believes on reasonable grounds that the person has committed a transport infringement or a ticket infringement, as the case requires.
Sch. 8 cl. 37 inserted by No. 50/2006 s. 35.
    37 (1)     The amendments made to this Act by sections 15, 19, 20, 22, 25 to 28 and 31 to 34 of the Courts Legislation (Jurisdiction) Act 2006 apply with respect to a proceeding for an offence, irrespective of when the offence is alleged to have been committed or when the proceeding commenced.
    (2)     An amendment made to this Act by a provision of section 16, 17, 18, 21(1), 23, 24, 29 or 30 of the Courts Legislation (Jurisdiction) Act 2006 apply only with respect to proceedings commenced on or after the commencement of that provision.
    (3)     The amendment made to this Act by section 21(2) of the Courts Legislation (Jurisdiction) Act 2006 applies only to the sentencing of a person for an offence on or after the commencement of that section, irrespective of when the offence was committed or the finding of guilt was made.
Sch. 8 cl. 38 inserted by No. 36/2007 s. 7.
    38     A notice by the Minister published in the Government Gazette under section 4B or 4C of this Act before the commencement of section 4 of the Magistrates' Court and Coroners Acts Amendment Act 2007 and in force immediately before that commencement is not affected by the substitution for those sections of a new section 4B effected by that section 4 and the notice continues to have effect as if it were a notice published under the new section 4B(1)(b).
Sch. 8 cl. 39 inserted by No. 8/2008 s. 20.
    39     Section 50A as inserted by section 5 of the Criminal Procedure Legislation Amendment Act 2008 applies with respect to a proceeding for an offence, irrespective of when the offence was committed or the proceeding commenced.
Sch. 8 cl. 40 inserted by No. 8/2008 s. 20.
    40     Clause 3A of Schedule 2 as inserted by section 15 of the Criminal Procedure Legislation Amendment Act 2008 applies to a contest mention hearing conducted on or after the commencement of section 15 of that Act.
Sch. 8 cl. 41 inserted by No. 8/2008 s. 20.
    41     The amendment of this Act by section 16 of the Criminal Procedure Legislation Amendment Act 2008 applies with respect to a defendant committed for trial on or after the commencement of section 16 of that Act.
Sch. 8 cl. 42 inserted by No. 69/2009 s. 54(Sch. Pt 1 item 34.12).
    42     This Act, as in force immediately before the commencement of the Statute Law Amendment (Evidence Consequential Provisions) Act 2009 , continues to apply to a hearing that commenced before the day that Act commenced and that—
        (a)     continued on or after that day; or
        (b)     was adjourned until that day or a day after that day.
Sch. 8 cl. 43 inserted by No. 68/2009 s. 97(Sch. item 82.59).
    43     The amendment of this Act by section 426 of the Criminal Procedure Act 2009 applies to a committal proceeding if the relevant criminal proceeding commenced on or after the commencement of section 426 of that Act.
Sch. 8 cl. 44 inserted by No. 68/2009 s. 97(Sch. item 82.59).
    44 (1)     Section 118 as amended by section 435(1) of the Criminal Procedure Act 2009 applies to an offence alleged to have been committed on or after the commencement of section 435(1) of that Act.
    (2)     For the purposes of subclause (1), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 435(1) of the Criminal Procedure Act 2009 , the offence is alleged to have been committed before that commencement.
Sch. 8 cl. 45 inserted by No. 12/2010 s. 7.
        45     Transitional provision—Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010
The amendments made to this Act by section 5 of the Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010 apply to any proceeding, irrespective of when the offence to which the proceeding relates was committed or when the proceeding commenced, but does not apply to a proceeding in respect of an accused which was listed before the Court before the commencement of that section.
Sch. 8 cl. 46 inserted by No. 70/2010 s. 35.
        46     Transitional provisions—Bail Amendment Act 2010
    (1)     On the commencement of section 29 of the Bail Amendment Act 2010 , a bail justice holding office immediately before that commencement (other than a bail justice referred to in section 121 of this Act) is deemed to be a bail justice appointed under section 120A of this Act whose term of office expires—
        (a)     in the case of a bail justice appointed before 1 January 1991, 1 year after the commencement of section 29 of that Act or on the bail justice attaining the age of 70 years, whichever first occurs;
        (b)     in the case of a bail justice appointed on or after 1 January 1991 and before 1 January 2000, 2 years after the commencement of section 29 of that Act or on the bail justice attaining the age of 70 years, whichever first occurs;
        (c)     in the case of a bail justice appointed on or after 1 January 2000 and before the commencement of section 29 of that Act, 3 years after the commencement of section 29 of that Act or on the bail justice attaining the age of 70 years, whichever first occurs.
    (2)     On the commencement of section 29 of the Bail Amendment Act 2010
        (a)     an application for appointment as a bail justice that has been made but not determined before that commencement is to be taken to be an application made under section 120B of this Act; and
        (b)     the applicant's completion before that commencement of the whole or part of a course of training that is subsequently prescribed for the purposes of section 120A(2)(e) may be relied on for the purposes of the application.
    (3)     Section 121 as amended by section 30 of the Bail Amendment Act 2010 applies to a person who commences to hold a prescribed office within the meaning of section 121 on or after the commencement of section 30 of that Act.
    (4)     Section 122 as in force immediately before the commencement of section 31 of the Bail Amendment Act 2010 continues to apply to any proceeding under section 122 existing immediately before the commencement of section 31 of that Act.
Sch. 8 new cl. 47 inserted by No. 70/2013 s. 3(Sch.  1 item 27.2).
        47     Transitional provisions—Justice Legislation Amendment Act 2012
This Act as amended by section 7 of the Justice Legislation Amendment Act 2012 applies to any proceeding in the Assessment and Referral Court List, irrespective of whether the offence to which the proceeding relates was alleged to have been committed before, on or after the commencement of that section.
Sch. 8 cl. 48 inserted by No. 26/2012 s. 25.
        48     Transitional provisions—Courts and Sentencing Legislation Amendment Act 2012
This Act as amended by sections 22 and 23 of the Courts and Sentencing Legislation Amendment Act 2012 applies to a proceeding for an offence or a contravention of sentence (including any offence constituted by such a contravention) irrespective of whether the offence or contravention is alleged to have been committed, or the sentence was imposed, before or on or after the commencement of those sections.
Sch. 8 cl. 49 inserted by No. 48/2012 s. 40.
        49     Transitional provision—Criminal Procedure Amendment Act 2012
Section 78(5) as amended by section 38 of the Criminal Procedure Amendment Act 2012 applies to a search warrant issued on or after the commencement of section 38 of that Act.
Sch. 8 cl. 50 inserted by No. 5/2013 s. 40.
        50     Courts Legislation Amendment (Reserve Judicial Officers) Act 2013
    (1)     On and from the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 , a person who held the office of acting magistrate under section 9 as in force immediately before its repeal who is not eligible to be a reserve magistrate under section 9A, but is eligible to be a magistrate under section 7, is taken to hold the office of magistrate as if he or she had been appointed as a magistrate under section 7 on the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 .
    (2)     On and from the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 , a person other than a person referred to in subsection (1) who held the office of acting magistrate under section 9 as in force immediately before its repeal is taken to hold the office of reserve magistrate as if he or she had been appointed as a reserve magistrate under section 9A.
    (3)     If a person referred to in subclause (2) was required to undertake the duties of a magistrate under section 9(4) as in force immediately before its repeal on a full time or sessional basis, on and from the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 , that requirement continues until its expiry as if it were an engagement under section 9C.
    (4)     If, immediately before the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 , a person referred to in subclause (1) or (2) was assigned under section 93 of the Coroners Act 2008 to be a coroner for the Coroners Court, that assignment continues until that person ceases to hold the office of magistrate or reserve magistrate or the assignment is revoked under that Act.
    (5)     If, immediately before the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 , a person referred to in subclause (1) or (2) was assigned under section 507 of the Children, Youth and Families Act 2005 to be a magistrate for the Children's Court, that assignment continues until that person ceases to hold the office of magistrate or reserve magistrate or the assignment is revoked under that Act.
    (6)     Unless inconsistent with the context or the subject matter, on and from the commencement of section 34 of the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 , a reference in any Act (other than this Act or the Courts Legislation Amendment (Reserve Judicial Officers) Act 2013 ), subordinate instrument or any other document to an acting magistrate, being an acting magistrate appointed under section 9 as in force immediately before its repeal, is to be construed as a reference to a reserve magistrate so far as the reference relates to any period on or after that commencement.
Sch. 8 cl. 51 inserted by No. 5/2013 s. 40, repealed by No. 51/1989 Sch. 8 cl. 51(4).
    *     *     *     *     *
Sch. 8 cl. 51A inserted by No. 63/2013 s. 48.
        51A     Transitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013
A reserve magistrate currently engaged by the Attorney-General under section 9C as in force immediately before the amendment of that section by the Courts Legislation Amendment (Judicial Officers) Act 2013 is taken to have been engaged by the Chief Magistrate under section 9C as amended by that Act and his or her engagement continues and has effect accordingly.
Sch. 8 cl. 51B inserted by No. 63/2013 s. 79.
        51B     Transitional provision—Courts Legislation Amendment (Judicial Officers) Act 2013—part-time magistrates
A magistrate who was a part-time magistrate as defined in section 3(1) immediately before the repeal of that definition by the Courts Legislation Amendment (Judicial Officers) Act 2013 , on and from that repeal—
        (a)     continues to hold the office of magistrate; and
        (b)     is taken to be serving under a part-time service arrangement on the same terms as applied to the magistrate in his or her capacity as a part-time magistrate.
Sch. 8 cl 52 inserted by No. 58/2013 s. 52.
        52     Savings—Open Courts Act 2013
    (1)     Despite the repeal of section 126 by the Open Courts Act 2013 , section 126 (as in force immediately before its repeal) continues to apply on and after its repeal in relation to a proceeding commenced to be heard (but not determined) by the Court before that repeal.
    (2)     Despite the repeal of section 126 by the Open Courts Act 2013 , an order made under section 126 (as in force immediately before its repeal) and in force at the date of that repeal—
        (a)     subject to paragraph (b), continues to apply on and after that repeal;
        (b)     may be set aside or varied in accordance with section 126 as if that section had not been repealed.
Sch. 8 cl. 47 inserted by No. 23/2012 s. 9, repealed by No. 70/2013 s. 3(Sch.  1 item 27.1).
    *     *     *     *     *
Sch. 8 cl. 53 inserted by No. 68/2013 s. 7.
        53     Transitional—Courts and Other Justice Legislation Amendment Act 2013
    (1)     Despite the amendment of section 4V by the Courts and Other Justice Legislation Amendment Act 2013 , section 4V, as in force immediately before the commencement of section 5 of that Act, continues to apply to a proceeding that is in the Assessment and Referral List immediately before that commencement.
    (2)     Despite the amendment of section 4X(2) by the Courts and Other Justice Legislation Amendment Act 2013 , section 4X(2), as in force immediately before the commencement of section 6 of that Act, continues to apply to a proceeding that is in the Assessment and Referral List immediately before that commencement.
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Endnotes
    1     General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
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.
    2     Table of Amendments
This publication incorporates amendments made to the Magistrates' Court Act 1989 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Dangerous Goods (Amendment) Act 1989, No. 48/1989 (as amended by No. 34/1990)
Assent Date: 14.6.89
Commencement Date: 28.6.89: Government Gazette 28.6.89 p. 1558
Current State: All of Act in operation
Magistrates' Court Act 1989, No. 51/1989
Assent Date: 14.6.89
Commencement Date: Sch. 8 cl. 51(4) on 27.2.15: Sch. 8 cl. 51(4)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Second-Hand Dealers and Pawnbrokers Act 1989, No. 54/1989 (as amended by No. 34/1990)
Assent Date: 14.6.89
Commencement Date: S. 35(5) on 10.9.90: Government Gazette 5.9.90 p. 2680
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Children and Young Persons Act 1989, No. 56/1989 (as amended by No. 93/1990)
Assent Date: 14.6.89
Commencement Date: S. 286(Sch. 2 items 11.1, 11.2) on 23.9.91: Government Gazette 28.8.91 p. 2368
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Road Safety (Amendment) Act 1990, No. 5/1990
Assent Date: 3.4.90
Commencement Date: S. 20(4)(a)(b) on 8.5.90: Special Gazette (No. 20) 8.5.90 p. 1
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Occupational Health and Safety (Miscellaneous Amendment) Act 1990 , No. 11/1990 (as amended by No. 34/1990)
Assent Date: 24.4.90
Commencement Date: 1.9.90: Government Gazette 15.8.90 p. 2473
Current State: All of Act in operation
Courts (Children's and Magistrates') Act 1990, No. 34/1990
Assent Date: 13.6.90
Commencement Date: S. 4(Sch. 3 items 1–25) on 1.9.90: Government Gazette 25.7.90 p. 2216
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Magistrates' Court (Amendment) Act 1990, No. 49/1990
Assent Date: 28.9.90
Commencement Date: Ss 1, 2, 5 on 28.9.90: s. 2(1); ss 3, 4 on 1.9.90: s. 2(2)
Current State: All of Act in operation
Courts (Amendment) Act 1990, No. 64/1990
Assent Date: 20.11.90
Commencement Date: Ss 16, 20(Sch. items 4.1–4.5) on 1.1.91: Government Gazette 19.12.90 p. 3750
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Crimes (Sexual Offences) Act 1991, No. 8/1991
Assent Date: 16.4.91
Commencement Date: Ss 1214, 16(1)(a)(c)(e)(f)(2) on 5.8.91: Government Gazette 24.7.91 p. 2026; ss 15, 16(1)(b)(d) on 20.12.94: Government Gazette 15.12.94 p. 3308
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Crimes Legislation (Miscellaneous Amendments) Act 1991, No. 23/1991
Assent Date: 31.5.91
Commencement Date: 31.5.91: s. 2.
Current State: All of Act in operation
Courts (Case Transfer) Act 1991, No. 43/1991
Assent Date: 18.6.91
Commencement Date: S. 38 on 1.10.91: Government Gazette 17.7.91 p. 1930
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Pollution of Waters by Oil and Noxious Substances (Amendment) Act 1991, No. 46/1991
Assent Date: 25.6.91
Commencement Date: 1.3.92: Government Gazette 19.2.92 p. 378
Current State: All of Act in operation
Sentencing Act 1991, No. 49/1991
Assent Date: 25.6.91
Commencement Date: 22.4.92: Government Gazette 15.4.92 p. 898
Current State: All of Act in operation
Crimes (Rape) Act 1991, No. 81/1991
Assent Date: 3.12.91
Commencement Date: S. 10(Sch. items 2.1, 2.2) on 1.1.92: Government Gazette 18.12.91 p. 3486
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Crimes (Confiscation of Profits) (Amendment) Act 1991, No. 90/1991
Assent Date: 10.12.91
Commencement Date: S. 35 on 1.9.92: Government Gazette 12.8.92 p. 2179
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Children and Young Persons (Amendment) Act 1992, No. 69/1992
Assent Date: 24.11.92
Commencement Date: S. 35 on 22.2.93: Government Gazette 28.1.93 p. 2179
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Employee Relations Act 1992, No. 83/1992
Assent Date: 24.11.92
Commencement Date: S. 181 on 4.1.93: Special Gazette (No. 63) 27.11.92 p. 1
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Evidence (Unsworn Evidence) Act 1993, No. 12/1993
Assent Date: 11.5.93
Commencement Date: 11.5.93: s. 2
Current State: All of Act in operation
Historic Shipwrecks (Amendment) Act 1993, No. 67/1993
Assent Date: 21.9.93
Commencement Date: 21.9.93: s. 2
Current State: All of Act in operation
Summary Offences (Stolen Cattle) Act 1993, No. 71/1993
Assent Date: 5.10.93
Commencement Date: 5.10.93: s. 2
Current State: All of Act in operation
Crimes (Amendment) Act 1993, No. 129/1993
Assent Date: 14.12.93
Commencement Date: S. 9(3) on 1.6.94: s. 2(3)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Financial Management Act 1994, No. 18/1994
Assent Date: 10.5.94
Commencement Date: Pt 1 (ss 18), ss 60, 61 on 10.5.94: s. 2(1); rest of Act on 1.7.94: s. 2(2)
Current State: All of Act in operation
Equipment (Public Safety) Act 1994, No. 21/1994
Assent Date: 17.5.94
Commencement Date: S. 39 on 1.12.94: s. 2(3)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Magistrates' Court (Amendment) Act 1994, No. 33/1994
Assent Date: 31.5.94
Commencement Date: Ss 1, 2 on 31.5.94: s. 2(1); s. 27(5) on 14.12.93: s. 2(2); ss 3–27(4), 28 on 24.10.94: Government Gazette 20.10.94 p. 2789
Current State: All of Act in operation
Public Prosecutions Act 1994, No. 43/1994
Assent Date: 7.6.94
Commencement Date: Ss 13 on 7.6.94: s. 2(1); rest of Act on 1.7.94: s. 2(3)
Current State: All of Act in operation
Valuation of Land (Amendment) Act 1994, No. 91/1994
Assent Date: 6.12.94
Commencement Date: S. 36(7) on 1.1.95: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Prostitution Control Act 1994, No. 102/1994
Assent Date: 13.12.94
Commencement Date: Ss 1, 2 on 13.12.94: s. 2(1); rest of Act on 13.6.95: s. 2(3)
Current State: All of Act in operation
Constitution (Court of Appeal) Act 1994, No. 109/1994
Assent Date: 20.12.94
Commencement Date: Pt 1 (ss 1, 2) on 20.12.94: s. 2(1); rest of Act on 7.6.95: Special Gazette (No. 41) 23.5.95 p. 1
Current State: All of Act in operation
Courts (General Amendment) Act 1995, No. 9/1995
Assent Date: 26.4.95
Commencement Date: Ss 10, 11(3) on 27.4.95: Government Gazette 27.4.95 p. 973
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Judicial Remuneration Tribunal Act 1995, No. 22/1995
Assent Date: 16.5.95
Commencement Date: S. 27 on 28.9.95: Government Gazette 28.9.95 p. 2731
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Equal Opportunity Act 1995, No. 42/1995
Assent Date: 14.6.95
Commencement Date: S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 item 24 on 1.1.96: Government Gazette 21.12.95 p. 3571
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Infertility Treatment Act 1995, No. 63/1995
Assent Date: 27.6.95
Commencement Date: S. 169 on 1.1.98: s. 2(4)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Heritage Act 1995, No. 93/1995
Assent Date: 5.12.95
Commencement Date: S. 218(1)(Sch. 2 item 4) on 23.5.96: Government Gazette 23.5.96 p. 1248
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Miscellaneous Acts (Health and Justice) Amendment Act 1995 , No. 99/1995 (as amended by No. 73/1996)
Assent Date: 5.12.95
Commencement Date: 5.12.95
Current State: All of Act in operation
Legal Practice Act 1996, No. 35/1996
Assent Date: 6.11.96
Commencement Date: S. 453(Sch. 1 items 53.1–53.9) on 1.1.97: s. 2(3)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Corrections (Amendment) Act 1996, No. 45/1996
Assent Date: 26.11.96
Commencement Date: S. 18(Sch. 2 items 9.1–9.4) on 6.2.97: Government Gazette 6.2.97 p. 257
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Courts and Tribunals (General Amendment) Act 1996, No. 64/1996
Assent Date: 17.12.96
Commencement Date: Ss 24–40 on 1.4.97: Government Gazette 20.3.97 p. 619
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Firearms Act 1996, No. 66/1996 (as amended by No. 26/1997)
Assent Date: 17.12.96
Commencement Date: S. 201(3) on 31.1.98: s. 2(3)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Magistrates' Court (Amendment) Act 1996, No. 70/1996
Assent Date: 17.12.96
Commencement Date: Ss 4, 5(1), 8 on 1.9.90: s. 3(2); ss 6, 7, 912 on 14.11.96: s. 3(3); ss 1, 2, 3, 5(2)–(5), 13, 14 on 17.12.96: s. 3(1)
Current State: All of Act in operation
Miscellaneous Acts (Further Omnibus Amendments) Act 1996, No. 73/1996
Assent Date: 17.12.96
Commencement Date: S. 61 on 17.12.96: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Evidence (Audio Visual and Audio Linking) Act 1997, No. 4/1997
Assent Date: 22.4.97
Commencement Date: Ss 7, 8 on 22.12.97: Government Gazette 18.12.97 p. 3612
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Police and Corrections (Amendment) Act 1997, No. 26/1997
Assent Date: 20.5.97
Commencement Date: S. 55 on 2.10.97: Government Gazette 2.10.97 p. 2731
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Law and Justice Legislation Amendment Act 1997, No. 44/1997
Assent Date: 11.6.97
Commencement Date: Ss 27–31 on 11.6.97: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997
Assent Date: 11.6.97
Commencement Date: Pt 7 (ss 64, 65, 66(2)–(4)) on 1.9.97: s. 2(2); s. 66(1) on 1.7.98: s. 2(4)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Sentencing (Amendment) Act 1997, No. 69/1997
Assent Date: 18.11.97
Commencement Date: Ss 26– 29 on 18.11.97: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Crimes (Amendment) Act 1997, No. 81/1997
Assent Date: 2.12.97
Commencement Date: Ss 12, 13 on 1.1.98: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Law and Justice Legislation (Further Amendment) Act 1997, No. 84/1997
Assent Date: 2.12.97
Commencement Date: S. 52 on 1.8.98: s. 2(8)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Accident Compensation (Miscellaneous Amendment) Act 1997, No. 107/1997
Assent Date: 23.12.97
Commencement Date: S. 75 on 23.12.97: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Confiscation Act 1997, No. 108/1997
Assent Date: 23.12.97
Commencement Date: S. 154 on 1.7.98: Government Gazette 25.6.98 p. 1561
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Health Services (Amendment) Act 1998, No. 13/1998
Assent Date: 28.4.98
Commencement Date: 28.4.98: s. 2
Current State: All of Act in operation
State Trustees (Amendment) Act 1998, No. 15/1998
Assent Date: 28.4.98
Commencement Date: S. 9 on 1.8.98: s. 2(3)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Miscellaneous Acts (Omnibus No. 1) Act 1998, No. 43/1998
Assent Date: 26.5.98
Commencement Date: Ss 45, 46 on 26.5.98: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 (as amended by No. 12/1999)
Assent Date: 26.5.98
Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 1998, No. 60/1998
Assent Date: 27.10.98
Commencement Date: S. 17 on 1.1.99: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Melbourne City Link (Amendment) Act 1998, No. 102/1998
Assent Date: 1.12.98
Commencement Date: S. 44 on 1.12.98: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Magistrates' Court (Amendment) Act 1999, No. 10/1999
Assent Date: 11.5.99
Commencement Date: Ss 2124, 31(1)(2) on 11.5.99: s. 2(1); ss 47,
8(1)–(4), 9–16 on 1.7.99: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Superannuation Acts (Further Amendment) Act 1999, No. 13/1999
Assent Date: 11.5.99
Commencement Date: Ss 5, 6 on 7.5.96: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Crimes (Criminal Trials) Act 1999, No. 35/1999
Assent Date: 8.6.99
Commencement Date: S. 36 on 1.9.99: s. 2(3)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Electricity Industry Acts (Further Amendment) Act 1999, No. 36/1999
Assent Date: 8.6.99
Commencement Date: S. 26 on 8.6.99: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Gas Industry Acts (Further Amendment) Act 1999, No. 39/1999
Assent Date: 8.6.99
Commencement Date: S. 39 on 8.6.99: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Prostitution Control (Amendment) Act 1999, No. 44/1999
Assent Date: 8.6.99
Commencement Date: S. 34 on 8.6.99: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Courts and Tribunals Legislation (Amendment) Act 2000, No. 1/2000
Assent Date: 28.3.00
Commencement Date: S. 6 on 29.3.00: s. 2(1); s. 5 on 1.7.00: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Environment Protection (Enforcement and Penalties) Act 2000, No. 49/2000
Assent Date: 14.6.00
Commencement Date: S. 4 on 9.7.00: s. 2(3)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Courts and Tribunals Legislation (Further Amendment) Act 2000, No. 51/2000
Assent Date: 5.9.00
Commencement Date: Ss 4, 79 on 6.9.00: s. 2(1); ss 5, 6 on 1.1.01: s. 2(3)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Juries Act 2000, No. 53/2000
Assent Date: 12.9.00
Commencement Date: S. 97 on 1.8.01: s. 2(3)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000
Assent Date: 21.11.00
Commencement Date: S. 57 on 1.1.01: s. 2(4)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Statute Law Revision Act 2000, No. 74/2000
Assent Date: 21.11.00
Commencement Date: S. 3(Sch. 1 item 75) on 22.11.00: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Magistrates' Court (Committal Proceedings) Act 2000, No. 92/2000
Assent Date: 5.12.00
Commencement Date: Ss 410 on 1.7.01: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Information Privacy Act 2000, No. 98/2000
Assent Date: 12.12.00
Commencement Date: S. 75 on 1.9.01: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Magistrates' Court (Infringements) Act 2000, No. 99/2000 (as amended by No. 12/2001)
Assent Date: 12.12.00
Commencement Date: Ss 314 on 1.7.01: s. 2(3)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Health Records Act 2001, No. 2/2001
Assent Date: 10.4.01
Commencement Date: S. 110 on 1.7.02: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001
Assent Date: 8.5.01
Commencement Date: S. 3(Sch. item 44) on 1.6.01: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Constitution (Supreme Court) Act 2001, No. 12/2001
Assent Date: 22.5.01
Commencement Date: S. 7 on 23.5.01: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Food (Amendment) Act 2001, No. 14/2001
Assent Date: 22.5.01
Commencement Date: S. 34 on 1.1.02: s. 2(3)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Judicial and Other Pensions Legislation (Amendment) Act 2001, No. 19/2001
Assent Date: 29.5.01
Commencement Date: S. 16 on 30.5.01: s. 2
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Gas Industry Legislation (Miscellaneous Amendments) Act 2001, No. 32/2001
Assent Date: 19.6.01
Commencement Date: S. 35 on 1.9.01: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Corporations (Consequential Amendments) Act 2001, No. 44/2001
Assent Date: 27.6.01
Commencement Date: S. 3(Sch. item 77) on 15.7.01: s. 2
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Corrections (Custody) Act 2001, No. 45/2001
Assent Date: 27.6.01
Commencement Date: S. 43 on 1.3.02: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Drugs, Poisons and Controlled Substances (Amendment) Act 2001, No. 61/2001
Assent Date: 23.10.01
Commencement Date: S. 12 on 1.1.02: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Classification (Publications, Films and Computer Games) (Enforcement) (Amendment) Act 2001, No. 69/2001
Assent Date: 7.11.01
Commencement Date: S. 19 on 8.11.01: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Road Safety (Further Amendment) Act 2001, No. 92/2001
Assent Date: 11.12.01
Commencement Date: S. 31 on 21.12.01: Government Gazette 13.12.01 p. 3061
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Sentencing (Amendment) Act 2002, No. 2/2002 (as amended by No. 13/2003)
Assent Date: 26.3.02
Commencement Date: S. 10 on 2.5.02: Government Gazette 2.5.02 p. 789; s. 11 on 17.2.03: Government Gazette 6.2.03 p. 190
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Judicial Remuneration Tribunal (Amendment) Act 2002, No. 4/2002
Assent Date: 3.4.02
Commencement Date: S. 12(4) on 1.1.02: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Statute Law (Further Revision) Act 2002, No. 11/2002
Assent Date: 23.4.02
Commencement Date: S. 3(Sch. 1 item 43) on 24.4.02: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Electoral Act 2002, No. 23/2002
Assent Date: 12.6.02
Commencement Date: S. 199 on 1.9.02: Government Gazette 29.8.02 p. 2333
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Magistrates' Court (Amendment) Act 2002, No. 26/2002
Assent Date: 12.6.02
Commencement Date: 12.6.02: s. 2
Current State: All of Act in operation
Magistrates' Court (Koori Court) Act 2002, No. 27/2002
Assent Date: 12.6.02
Commencement Date: Ss 49 on 13.6.02: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Criminal Justice Legislation (Miscellaneous Amendments) Act 2002, No. 35/2002
Assent Date: 18.6.02
Commencement Date: Ss 1224, 28(Sch. item 4) on 19.6.02: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Environment Protection (Resource Efficiency) Act 2002, No. 37/2002
Assent Date: 18.6.02
Commencement Date: S. 53 on 19.6.02: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Sports Event Ticketing (Fair Access) Act 2002, No. 47/2002
Assent Date: 22.10.02
Commencement Date: S. 45 on 23.10.02: s. 2
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Crimes (Property Damage and Computer Offences) Act 2003, No. 10/2003
Assent Date: 6.5.03
Commencement Date: S. 12 on 7.5.03: s. 2
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Firearms (Trafficking and Handgun Control) Act 2003, No. 28/2003
Assent Date: 20.5.03
Commencement Date: S. 76 on 1.7.03: Special Gazette (No. 130) 1.7.03 p. 1
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Courts Legislation (Amendment) Act 2003, No. 39/2003
Assent Date: 11.6.03
Commencement Date: Ss 510 on 12.6.03: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Australian Crime Commission (State Provisions) Act 2003, No. 52/2003
Assent Date: 16.6.03
Commencement Date: S. 52(Sch. 1 item 8) on 17.6.03: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Heritage (Amendment) Act 2003, No. 74/2003
Assent Date: 21.10.03
Commencement Date: S. 14 on 22.10.03: s. 2
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Cemeteries and Crematoria Act 2003, No. 80/2003
Assent Date: 11.11.03
Commencement Date: S. 184 on 1.7.05: s. 2
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Road Safety (Amendment) Act 2003, No. 94/2003
Assent Date: 25.11.03
Commencement Date: S. 45 on 1.1.05: s. 2(3)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Fisheries (Further Amendment) Act 2003, No. 108/2003
Assent Date: 9.12.03
Commencement Date: S. 22 on 10.12.03: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Courts Legislation (Funds in Court) Act 2004, No. 30/2004
Assent Date: 1.6.04
Commencement Date: Ss 6, 14 on 1.7.04: s. 2
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Courts Legislation (Judicial Appointments) Act 2004, No. 31/2004
Assent Date: 1.6.04
Commencement Date: Ss 38 on 2.6.04: s. 2
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Judicial Salaries Act 2004, No. 38/2004
Assent Date: 8.6.04
Commencement Date: S. 14 on 9.6.04: s. 2
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Mitcham-Frankston Project Act 2004, No. 39/2004
Assent Date: 8.6.04
Commencement Date: S. 260 on 24.9.04: Special Gazette (No. 206) 22.9.04 p. 1
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Transport Legislation (Miscellaneous Amendments) Act 2004, No. 49/2004
Assent Date: 16.6.04
Commencement Date: S. 40 on 17.6.04: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Crimes (Dangerous Driving) Act 2004, No. 59/2004
Assent Date: 12.10.04
Commencement Date: S. 10 on 13.10.04: s. 2
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Sentencing (Superannuation Orders) Act 2004, No. 65/2004
Assent Date: 12.10.04
Commencement Date: S. 4(2) on 13.10.04: s. 2
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Magistrates' Court (Increased Civil Jurisdiction) Act 2004, No. 68/2004
Assent Date: 19.10.04
Commencement Date: 1.1.05: s. 2
Current State: All of Act in operation
Magistrates' Court (Family Violence) Act 2004, No. 77/2004
Assent Date: 9.11.04
Commencement Date: Ss 35 on 1.4.05: s. 2(4)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Occupational Health and Safety Act 2004, No. 107/2004
Assent Date: 21.12.04
Commencement Date: S. 181 on 1.7.05: s. 3(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989

Public Administration Act 2004, No. 108/2004
Assent Date: 21.12.04
Commencement Date: S. 117(1)(Sch. 3 item 118) on 5.4.05: Government Gazette 31.3.05 p. 602
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Corrections (Transition Centres and Custodial Community Permits) Act 2005, No. 2/2005
Assent Date: 5.4.05
Commencement Date: S. 9 on 1.8.05: s. 2(3)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Courts Legislation (Judicial Appointments and Other Amendments) Act 2005, No. 3/2005
Assent Date: 5.4.05
Commencement Date: Ss 16, 26–28 on 6.4.05: s. 2(1); ss 1013 on 1.5.05: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Sentencing (Further Amendment) Act 2005, No. 15/2005
Assent Date: 10.5.05
Commencement Date: Ss 11, 12 on 11.5.05: s. 2
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Courts Legislation (Judicial Conduct) Act 2005, No. 16/2005
Assent Date: 24.5.05
Commencement Date: S. 8 on 28.4.06: Special Gazette (No. 119) 28.4.06 p. 1
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Legal Profession (Consequential Amendments) Act 2005, No. 18/2005
Assent Date: 24.5.05
Commencement Date: S. 18(Sch. 1 item 63) on 12.12.05: Government Gazette 1.12.05 p. 2781
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Magistrates' Court (Judicial Registrars and Court Rules) Act 2005, No. 19/2005
Assent Date: 24.5.05
Commencement Date: Ss 35, 710 on 25.5.05: s. 2(1); s. 6 on 12.12.05: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Road Safety (Further Amendment) Act 2005, No. 24/2005
Assent Date: 31.5.05
Commencement Date: Ss 29, 30 on 1.6.05: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Courts Legislation (Miscellaneous Amendments) Act 2005, No. 30/2005
Assent Date: 21.6.05
Commencement Date: S. 3 on 22.6.05: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Dangerous Goods and Equipment (Public Safety) Acts (Amendment) Act 2005, No. 31/2005
Assent Date: 21.6.05
Commencement Date: S. 36 on 1.7.05: s. 2
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Tobacco (Amendment) Act 2005, No. 45/2005
Assent Date: 16.8.05
Commencement Date: S. 29 on 1.3.06: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Radiation Act 2005, No. 62/2005
Assent Date: 20.9.05
Commencement Date: S. 143 on 1.9.07: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Sentencing and Mental Health Acts (Amendment) Act 2005, No. 69/2005
Assent Date: 11.10.05
Commencement Date: S. 28 on 1.10.06: s. 2(3)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Firearms (Further Amendment) Act 2005, No. 78/2005
Assent Date: 22.11.05
Commencement Date: S. 68 on 1.7.06: Government Gazette 29.6.06 p. 1315
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Major Events (Crowd Management) and Commonwealth Games Arrangements Acts (Crowd Safety Amendment) Act 2005, No. 80/2005
Assent Date: 22.11.05
Commencement Date: S. 19 on 23.11.05: s. 2
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Investigative, Enforcement and Police Powers Acts (Amendment) Act 2005, No. 87/2005
Assent Date: 29.11.05
Commencement Date: Pt 10 (ss 27–33) on 1.2.06: Special Gazette (No. 31) 31.1.06 p. 1
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Road Safety and Other Acts (Vehicle Impoundment and Other Amendments) Act 2005, No. 93/2005
Assent Date: 29.11.05
Commencement Date: S. 10 on 1.7.06: s. 2(3)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Crimes (Sexual Offences) Act 2006, No. 2/2006 (as amended by No. 76/2006)
Assent Date: 7.3.06
Commencement Date: Ss 39–41A on 1.12.06: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Rail Safety Act 2006, No. 9/2006
Assent Date: 4.4.06
Commencement Date: S. 159 on 1.8.06: Special Gazette (No. 181) 25.7.06 p. 1
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Infringements Act 2006, No. 12/2006 (as amended  by No. 32/2006)
Assent Date: 11.4.06
Commencement Date: Ss 169–176 on 1.7.06: Government Gazette 29.6.06 p. 1315
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006
Assent Date: 13.6.06
Commencement Date: Ss 88, 89 on 1.7.06: Government Gazette 29.6.06 p. 1315
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Electoral and Parliamentary Committees Legislation (Amendment) Act 2006, No. 44/2006
Assent Date: 25.7.06
Commencement Date: S. 16 on 26.7.06: s. 2
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006
Assent Date: 15.8.06
Commencement Date: S. 42(Sch. item 22) on 23.4.07: s. 2(3)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Courts Legislation (Jurisdiction) Act 2006, No. 50/2006
Assent Date: 15.8.06
Commencement Date: Ss 1921, 35 on 16.8.06: s. 2(1); ss 1518, 22–34 on 1.7.07: s. 2(3)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Courts Legislation (Neighbourhood Justice Centre) Act 2006, No. 51/2006
Assent Date: 15.8.06
Commencement Date: Ss 35 on 2.1.07: Government Gazette 21.12.06 p. 2768
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Crimes (Sexual Offences) (Further Amendment) Act 2006, No. 76/2006
Assent Date: 10.10.06
Commencement Date: S. 9 on 1.12.06: s. 2(4)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Justice Legislation (Further Amendment) Act 2006, No. 79/2006
Assent Date: 10.10.06
Commencement Date: S. 45 on 18.10.06: Special Gazette (No. 273) 17.10.06 p. 1
Current State: This information relates only to the provisions amending the Magistrates' Court Act 1989
Major Events (Aerial Advertising) Act 2007, No. 13/2007
Assent Date: 8.5.07
Commencement Date: S. 48 on 9.5.07: s. 2
Current State: This information relates only to the provisions amending the Magistrates' Court Act 1989
Courts Legislation Amendment (Judicial Education and Other Matters) Act 2007, No. 24/2007
Assent Date: 26.6.07
Commencement Date: S. 5 on 27.6.07: s. 2
Current State: This information relates only to the provisions amending the Magistrates' Court Act 1989
Payroll Tax Act 2007, No. 26/2007
Assent Date: 26.6.07
Commencement Date: S. 114 on 1.7.07: s. 2(1)
Current State: This information relates only to the provisions amending the Magistrates' Court Act 1989
Magistrates' Court and Coroners Acts Amendment Act 2007, No. 36/2007
Assent Date: 14.8.07
Commencement Date: Ss 37 on 15.8.07: s. 2
Current State: This information relates only to the provisions amending the Magistrates' Court Act 1989
Firearms Amendment Act 2007, No. 50/2007
Assent Date: 17.10.07
Commencement Date: S. 59 on 30.6.08: Government Gazette 26.6.08 p. 1388
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Justice and Road Legislation Amendment (Law Enforcement) Act 2007, No. 52/2007
Assent Date: 17.10.07
Commencement Date: S. 3 on 28.2.08: Government Gazette 31.1.08 p. 196
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Justice Legislation Amendment Act 2007, No. 53/2007
Assent Date: 17.10.07
Commencement Date: S. 23 on 8.11.07: Government Gazette 8.11.07 p. 2579
Current State: This information relates only to the provisions amending the Magistrates' Court Act 1989
Criminal Procedure Legislation Amendment Act 2008, No. 8/2008
Assent Date: 18.3.08
Commencement Date: Ss 5, 6, 11, 1416, 20 on 1.7.08: s. 2(5)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Relationships Act 2008, No. 12/2008
Assent Date: 15.4.08
Commencement Date: S. 73(1)(Sch. 1 item 39) on 1.12.08: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Justice Legislation Amendment (Sex Offences Procedure) Act 2008, No. 18/2008
Assent Date: 13.5.08
Commencement Date: S. 14 on 1.7.08: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Constitution Amendment (Judicial Pensions) Act 2008, No. 23/2008
Assent Date: 3.6.08
Commencement Date: S. 20 on 4.6.08: s. 2(1)
Current State: This information relates only to the provisions amending the Magistrates' Court Act 1989
Police Integrity Act 2008, No. 34/2008
Assent Date: 1.7.08
Commencement Date: S. 143(Sch. 2 item 8) on 5.12.08: Special Gazette (No. 340) 4.12.08 p. 1
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Courts Legislation Amendment (Juries and Other Matters) 2008, No. 38/2008
Assent Date: 26.8.08
Commencement Date: Ss 8, 9 on 1.12.08: Government Gazette 27.11.08 p. 2755
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Family Violence Protection Act 2008, No. 52/2008
Assent Date: 23.9.08
Commencement Date: Ss 251–255 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Stalking Intervention Orders Act 2008, No. 68/2008
Assent Date: 18.11.08
Commencement Date: Ss 7880 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Prohibition of Human Cloning for Reproduction Act 2008, No. 72/2008
Assent Date: 25.11.08
Commencement Date: S. 26 on 1.1.10: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Research Involving Human Embryos Act 2008, No. 74/2008
Assent Date: 25.11.08
Commencement Date: S. 46 on 1.1.10: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Assisted Reproductive Treatment Act 2008, No. 76/2008
Assent Date: 11.12.08
Commencement Date: S. 156 on 1.1.10: s. 2(3)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008, No. 78/2008
Assent Date: 11.12.08
Commencement Date: Ss 16, 17 on 31.12.09: s. 2(3)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Salaries Legislation Amendment (Salary Sacrifice) Act 2008, No. 83/2008
Assent Date: 11.12.08
Commencement Date: Ss 11, 12 on 11.12.08: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009
Assent Date: 10.2.09
Commencement Date: S. 37(Sch.  1 item 17) on 1.12.09: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Criminal Procedure Act 2009, No. 7/2009 (as amended by No. 68/2009)
Assent Date: 10.3.09
Commencement Date: Ss 426, 427, 435(1) on 1.1.10: Government Gazette 10.12.09 p. 3215
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Sheriff Act 2009, No. 9/2009
Assent Date: 24.3.09
Commencement Date: Ss 7376 on 1.10.09: Government Gazette 1.10.09 p. 2539
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Justice Legislation Amendment Act 2009, No. 25/2009
Assent Date: 17.6.09
Commencement Date: S. 18 on 3.9.09: Government Gazette 3.9.09 p. 2331
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Major Sporting Events Act 2009, No. 30/2009
Assent Date: 23.6.09
Commencement Date: Ss 196–198 on 24.6.09: s. 2
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Courts Legislation Amendment (Judicial Resolution Conference) Act 2009, No. 50/2009
Assent Date: 8.9.09
Commencement Date: Ss 1215 on 16.9.09: Special Gazette (No. 319) 16.9.09 p. 1—see Interpretation of Legislation Act 1984
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009
Assent Date: 24.11.09
Commencement Date: S. 97(Sch. item 82) on 1.1.10: Government Gazette 10.12.09 p. 3215
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009
Assent Date: 24.11.09
Commencement Date: S. 54(Sch. Pt 1 item 34), (Sch. Pt 2 item 32) on 1.1.10: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Justice Legislation Miscellaneous Amendments Act 2009, No. 87/2009
Assent Date: 15.12.09
Commencement Date: S. 60 on 17.12.09: Government Gazette 17.12.09 p. 3338
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Accident Compensation Amendment Act 2010, No. 9/2010
Assent Date: 23.3.10
Commencement Date: S. 93 on 5.4.10: s. 2(7)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010, No. 12/2010 (as amended by No. 43/2012)
Assent Date: 30.3.10
Commencement Date: Ss 47 on 21.4.10: Special Gazette (No. 135) 20.4.10 p. 1
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Health and Human Services Legislation Amendment Act 2010, No. 29/2010
Assent Date: 8.6.10
Commencement Date: S. 63 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Justice Legislation Amendment Act 2010, No. 30/2010
Assent Date: 8.6.10
Commencement Date: Ss 85–87 on 26.6.10: Government Gazette 24.6.10 p. 1274
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Courts Legislation Miscellaneous Amendments Act 2010, No. 34/2010
Assent Date: 15.6.10
Commencement Date: S. 50 on 16.6.10: s. 2(3); s. 49 on 1.1.11: s. 2(5)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Superannuation Legislation Amendment Act 2010, No. 40/2010
Assent Date: 30.6.10
Commencement Date: S. 109 on 1.7.10: Government Gazette 1.7.10 p. 1359
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Civil Procedure Act 2010, No. 47/2010
Assent Date: 24.8.10
Commencement Date: Ss 88–92 on 1.1.11: Government Gazette 14.10.10 p. 2404
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Personal Safety Intervention Orders Act 2010, No. 53/2010
Assent Date: 7.9.10
Commencement Date: S. 221(Sch. item 7) on 5.9.11: Special Gazette (No. 271) 23.8.11 p. 1
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Justice Legislation Further Amendment Act 2010, No. 64/2010
Assent Date: 28.9.10
Commencement Date: Ss 63, 64 on 1.11.10: Government Gazette 21.10.10 p. 2530
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Bail Amendment Act 2010, No. 70/2010
Assent Date: 19.10.10
Commencement Date: Ss 27–35 on 1.1.11: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Sentencing Amendment Act 2010, No. 77/2010
Assent Date: 19.10.10
Commencement Date: S. 29 on 1.1.12: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Justice Legislation Amendment (Protective Services Officers) Act 2011, No. 43/2011
Assent Date: 6.9.11
Commencement Date: Ss 34–36 on 28.11.11: Special Gazette (No. 379) 22.11.11 p. 1
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Commercial Arbitration Act 2011, No. 50/2011
Assent Date: 18.10.11
Commencement Date: S. 46(Sch. item 12) on 17.11.11: Special Gazette (No. 369) 15.11.11 p. 1
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011
Assent Date: 22.11.11
Commencement Date: S. 107(Sch. item 8) on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Justice Legislation Amendment Act 2012, No. 23/2012
Assent Date: 8.5.12
Commencement Date: Ss 79 on 30.6.12: s. 2(5)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Courts and Sentencing Legislation Amendment Act 2012, No. 26/2012
Assent Date: 29.5.12
Commencement Date: Ss 2225 on 16.7.12: Special Gazette (No. 237) 3.7.12 p. 1
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Criminal Procedure Amendment Act 2012, No. 48/2012
Assent Date: 4.9.12
Commencement Date: Ss 38–40 on 5.9.12: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012
Assent Date: 18.12.12
Commencement Date: S. 293 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, No. 5/2013
Assent Date: 26.2.13
Commencement Date: Ss 31–40 on 27.2.13: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Heavy Vehicle National Law Application Act 2013, No. 30/2013
Assent Date: 4.6.13
Commencement Date: S. 60(Sch. item 7) on 10.2.14: Special Gazette (No. 28) 4.2.14 p. 1
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Justice Legislation Amendment Act 2013, No. 31/2013
Assent Date: 4.6.13
Commencement Date: S. 6 on 5.6.13: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013, No. 32/2013
Assent Date: 4.6.13
Commencement Date: S. 55 on 19.4.14: Special Gazette (No. 122) 15.4.14 p. 2
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Road Safety and Sentencing Acts Amendment Act 2013, No. 56/2013
Assent Date: 24.9.13
Commencement Date: S. 30 on 25.9.13: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Open Courts Act 2013, No. 58/2013
Assent Date: 22.10.13
Commencement Date: Ss 48– 52 on 1.12.13: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Courts Legislation Amendment (Judicial Officers) Act 2013, No. 63/2013
Assent Date: 6.11.13
Commencement Date: Ss 40–48, 7479 on 1.2.14: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013
Assent Date: 12.11.13
Commencement Date: S. 649(Sch. 9 item 24) on 1.7.14: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Courts and Other Justice Legislation Amendment Act 2013, No. 68/2013
Assent Date: 19.11.13
Commencement Date: S. 8 on 1.8.13: s. 2(2); ss 47 on 1.2.14: Special Gazette (No. 17) 28.1.14 p. 1
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Statute Law Revision Act 2013, No. 70/2013
Assent Date: 19.11.13
Commencement Date: S. 3(Sch. 1 item 27) on 1.12.13: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Court Services Victoria Act 2014, No. 1/2014
Assent Date: 11.2.14
Commencement Date: Ss 72, 73 on 1.7.14: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Act 2014, No. 25/2014
Assent Date: 8.4.14
Commencement Date: S. 11 on 12.5.14: Special Gazette (No. 136) 29.4.14 p. 1
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Mental Health Act 2014, No. 26/2014
Assent Date: 8.4.14
Commencement Date: S. 455(Sch. item 20) on 1.7.14: s. 2(1)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Honorary Justices Act 2014, No. 32/2014
Assent Date: 13.5.14
Commencement Date: S. 55 on 1.9.14: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
Assent Date: 3.6.14
Commencement Date: S. 10(Sch. item 101) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Vexatious Proceedings Act 2014, No. 42/2014
Assent Date: 17.6.14
Commencement Date: Ss 105107 on 31.10.14: s. 2(2)
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Courts Legislation Miscellaneous Amendments Act 2014, No. 62/2014
Assent Date: 9.9.14
Commencement Date: Ss 90–95 on 10.11.14: Special Gazette (No. 364) 14.10.14 p. 1
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Crimes Amendment (Abolition of Defensive Homicide) Act 2014, No. 63/2014
Assent Date: 9.9.14
Commencement Date: Ss 5(2), 7(14)–(16) on 1.11.14: Special Gazette (No. 350) 7.10.14 p. 1
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
    3     Amendments Not in Operation
This publication does not include amendments made to the Magistrates' Court Act 1989 by the following Act/s.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010, No. 12/2010
Assent Date: 30.3.10
Commencement Date: S. 8 not yet proclaimed
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Legal Profession Uniform Law Application Act 2014, No. 17/2014
Assent Date: 25.3.14
Commencement Date: S. 160(Sch. 2 item 59) not yet proclaimed
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
Fines Reform Act 2014, No. 47/2014
Assent Date: 1.7.14
Commencement Date: Ss 268–281 not yet proclaimed
Current State: This information relates only to the provision/s amending the Magistrates' Court Act 1989
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
At the date of this publication, the following provisions amending the Magistrates' Court Act 1989 were Not in Operation:
Amending Act/s:
Magistrates' Court Amendment (Assessment and Referral Court List) Act 2010, No. 12/2010
        8     Repeal of amendments relating to trial period for Assessment and Referral Court List
In the Principal Act—
        (a)     in section 3(1), the definitions of Assessment and Referral Court List , intellectual disability and mental illness are repealed ;
        (b)     in section 3(1), in the definition of proper venue
              (i)     in paragraph (a) omit ", (dc)";
              (ii)     paragraph (dc) is repealed ;
        (c)     sections 4S to 4Y are repealed ;
        (d)     in section 16(1A), paragraphs (hd) and (he) are repealed ;
        (e)     clause 45 of Schedule 8 is repealed .
——
Legal Profession Uniform Law Application Act 2014, No. 17/2014
SCHEDULE 2
        59     Magistrates' Court Act 1989
    59.1     In section 3(1), in the definition of legal practitioner omit "within the meaning of the Legal Profession Act 2004 ".
    59.2     In section 7(3)(b) omit "(within the meaning of the Legal Profession Act 2004 )".
    59.3     In section 16C(4)(a), omit "within the meaning of the Legal Profession Act 2004 ".
——
Fines Reform Act 2014, No. 47/2014
        268     Definitions
In section 3(1) of the Magistrates' Court Act 1989
        (a)     insert the following definition—
""enforcement warrant" has the same meaning as in the Fines Reform Act 2014 ;";
        (b)     the definitions of "Infringements Court", infringements registrar and infringement warrant are repealed ;
        (c)     in the definition of process for "infringement warrant" substitute "enforcement warrant";
        (d)     in the definition of proceeding for "as infringements registrar" substitute "under the Fines Reform Act 2014 ".
        269     Rules of Court
Section 16(1A)(m) of the Magistrates' Court Act 1989 is repealed .
        270     Employment of principal registrar, registrars and deputy registrars
    (1)     In section 17(2) of the Magistrates' Court Act 1989 , after "this Act" insert "and the Fines Reform Act 2014 ".
    (2)     In section 17(3) of the Magistrates' Court Act 1989 , after "this Act" insert "and the Fines Reform Act 2014 ".
        271     Warrants
In section 57(1)(g) of the Magistrates' Court Act 1989 , for "infringement warrant" substitute "enforcement warrant".
        272     Recall and cancellation of warrant
    (1)     For section 58(1)(b) of the Magistrates' Court Act 1989 substitute
    "(b)     if issued by a registrar, the registrar for the time being at the venue of the Court at which it was issued or, except in the case of an enforcement warrant issued under the Fines Reform Act 2014 , any other registrar; or".
    (2)     In section 58(2) of the Magistrates' Court Act 1989 omit "or an infringement warrant".
        273     Effect of defect or error in certain warrants
In section 60(1) and (2) of the Magistrates' Court Act 1989 , for "infringement warrant" substitute "enforcement warrant".
        274     Heading to Subdivision 2 of Division 6 of Part 4 amended
In the heading to Subdivision 2 of Division 6 of Part 4 of the Magistrates' Court Act 1989 , for " Infringements Act 2006 " substitute " Fines   Reform Act 2014 ".
        275     Section 99 substituted
For section 99 of the Magistrates' Court Act 1989 substitute
"     99     Infringement offence enforcement procedure under the Fines Reform Act 2014
The procedure set out in the Fines Reform Act 2014 may be used instead of commencing a proceeding against a person for an offence for which an infringement notice within the meaning of the Infringements Act 2006 could be issued or served in respect of an offence under an Act or other instrument which establishes the offence.".
        276     Certain agencies may give information for enforcement purposes
    (1)     In section 99A(3) of the Magistrates' Court Act 1989 , for "infringements registrar" substitute "registrar".
    (2)     In section 99A(3) of the Magistrates' Court Act 1989 , for "Infringements Court" substitute
"Court under the Fines Reform Act 2014 ".
    (3)     In section 99A(4) of the Magistrates' Court Act 1989 , for "infringements registrar" substitute "registrar".
    (4)     In section 99A(4) of the Magistrates' Court Act 1989 , for "Infringements Court" substitute
"Court under the Fines Reform Act 2014 ".
        277     Ministers may enter into administrative services agreements
In section 124B(1)(a) of the Magistrates' Court Act 1989 , for "Infringements Court" substitute "Court under the Fines Reform Act 2014 ".
        278     Subject matter of agreement
In section 124C(n) of the Magistrates' Court Act 1989 , after "the regulations," insert "the Fines Reform Act 2014 or any regulations under that Act,".
        279     Unauthorised access to or interference with data
In section 124I(3)(b)(i) of the Magistrates' Court Act 1989 , for "at the Infringements Court" substitute "of the Court for the purposes of the Fines Reform Act 2014 ".
        280     Contempt of court
In section 134(5)(ab) of the Magistrates' Court Act 1989
        (a)     for "Part 9 of the Infringements Act 2006 " substitute "Part 6 of the Fines Reform Act 2014 ";
        (b)     for "an infringements registrar" substitute
"a registrar".
        281     Regulations
In section 140(1)(b) of the Magistrates' Court Act 1989 , for "as infringements registrar" substitute "under the Fines Reform Act 2014 ".
    4     Explanatory details

[1] S. 9: The amendment proposed to section 9(10) by section 8(1) of the Courts Legislation (Judicial Conduct) Act 2005 , No. 16/2005 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.
[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. 70(b)(iii) ( repealed ): See note 3.
[10] 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.
[11] S. 100: See section 3(1) def. of jurisdictional limit .
[12] 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.
[13] S. 115(3) ( repealed ) and (7)(a) ( repealed ): Section 28(6) of the Magistrates' Court (Amendment) Act 1994 , No. 33/1994 reads as follows:
[14] Sch. 4 ( repealed ):
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)).
[15] Sch. 5 ( repealed ): The amendment proposed by section 143(Schedule 2 item 8) of the Police Integrity Act 2008 , No. 34/2008 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.
[16] Sch. 5 ( 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 79, 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)).
[17] Sch. 7 ( repealed ):
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 2124(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)).
[18] Sch. 7 ( repealed ): The amendment proposed by section 15(5) of the Courts Legislation (Jurisdiction) Act 2006 , No. 50/2006 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.



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