Magistrates' Court General Regulations 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Magistrates' Court General Regulations 2014 S.R. No. 112/2014 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 1 3 Commencement 1 4 Definition 2 5 Revocation 2 6 Prescribed forms for oath of office for a magistrate 2 7 Prescribed particulars for warrants 2 8 Prescribed particulars for warrants to seize property 2 9 Prescribed venues of the Court 3 10 Prescribed areas in which service of civil process is not required 3 __________________ SCHEDULES 4 SCHEDULE 1—Oath of Office and Affirmation of Office 4 SCHEDULE 2—Prescribed Venues of the Court for the Purposes of Section 82(2) of the Magistrates' Court Act 1989 5 SCHEDULE 3—Areas Prescribed to be Areas in which Police Officers are not Required to Serve Process in Civil Proceedings 6 ═══════════════ ENDNOTES 8 -- 1 of 9 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 112/2014 Magistrates' Court Act 1989 Magistrates' Court General Regulations 2014 The Governor in Council makes the following Regulations: Dated: 26 August 2014 Responsible Minister: ROBERT CLARK Attorney-General YVETTE CARISBROOKE Clerk of the Executive Council 1 Objectives The objectives of these Regulations are to— (a) revoke the Magistrates' Court General Regulations 2011; and (b) prescribe oaths and affirmations of office for magistrates; and (c) prescribe other matters required or necessary to be prescribed to give effect to the Magistrates' Court Act 1989. 2 Authorising provision These Regulations are made under section 140 of the Magistrates' Court Act 1989. 3 Commencement These Regulations come into operation on 1 September 2014. -- 2 of 9 -- S.R. No. 112/2014 Magistrates' Court General Regulations 2014 2 Authorised by the Chief Parliamentary Counsel 4 Definition In these Regulations— the Act means the Magistrates' Court Act 1989. 5 Revocation The Magistrates' Court General Regulations 20111 are revoked. 6 Prescribed forms for oath of office for a magistrate For the purposes of section 7(5) of the Act, the prescribed forms for oath of office for a magistrate are set out in Schedule 1. 7 Prescribed particulars for warrants For the purposes of section 57(2) of the Act, the following particulars are prescribed— (a) type of warrant issued; (b) date of issue of warrant; (c) in the case of a warrant to seize property or a warrant to imprison issued for non-payment of a fine— (i) the sum in respect of which the warrant is issued; and (ii) the person to whom the warrant is directed for execution. 8 Prescribed particulars for warrants to seize property For the purposes of section 73(3AA)(f) of the Act, the following particulars are prescribed— (a) the direction of the warrant to the sheriff; (b) the prescribed fee payable on the issue of the warrant. r. 4 -- 3 of 9 -- S.R. No. 112/2014 Magistrates' Court General Regulations 2014 3 Authorised by the Chief Parliamentary Counsel 9 Prescribed venues of the Court For the purposes of section 82(2) of the Act, the venues of the Court set out in Schedule 2 are prescribed. 10 Prescribed areas in which service of civil process is not required The areas set out in Schedule 3 are prescribed to be areas in which police officers are not required to serve process in civil proceedings. __________________ r. 9 -- 4 of 9 -- S.R. No. 112/2014 Magistrates' Court General Regulations 2014 4 Authorised by the Chief Parliamentary Counsel SCHEDULES SCHEDULE 1 Regulation 6 OATH OF OFFICE I, [full name], swear by Almighty God (or the person may name a god recognised by his or her religion) that as a magistrate for Victoria I will at all times and in all things do equal justice to all persons and discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour or affection. AFFIRMATION OF OFFICE I, [full name], solemnly and sincerely declare and affirm that as a magistrate for Victoria I will at all times and in all things do equal justice to all persons and discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour or affection. __________________ Sch. 1 -- 5 of 9 -- S.R. No. 112/2014 Magistrates' Court General Regulations 2014 5 Authorised by the Chief Parliamentary Counsel SCHEDULE 2 Regulation 9 PRESCRIBED VENUES OF THE COURT FOR THE PURPOSES OF SECTION 82(2) OF THE MAGISTRATES' COURT ACT 1989 Ararat Heidelberg Portland Bacchus Marsh Hopetoun Preston Bairnsdale Horsham Ringwood Ballarat Kerang Robinvale Benalla Korumburra Sale Bendigo Kyneton Seymour Broadmeadows Latrobe Valley Shepparton Castlemaine Mansfield St Arnaud Cobram Maryborough Stawell Colac Melbourne Sunshine Corryong Mildura Swan Hill Dandenong Moe Wangaratta Dromana Moorabbin Justice Centre (Highett) Warrnambool Drug Court (Dandenong) Myrtleford Werribee Echuca Neighbourhood Justice Centre (Collingwood) Wodonga Edenhope Nhill Wonthaggi Frankston Omeo Geelong Orbost Hamilton Ouyen __________________ Sch. 2 -- 6 of 9 -- S.R. No. 112/2014 Magistrates' Court General Regulations 2014 6 Authorised by the Chief Parliamentary Counsel SCHEDULE 3 Regulation 10 AREAS PRESCRIBED TO BE AREAS IN WHICH POLICE OFFICERS ARE NOT REQUIRED TO SERVE PROCESS IN CIVIL PROCEEDINGS Alpine Shire Council Ararat Rural City Council Ballarat City Council Banyule City Council Bass Coast Shire Council Baw Baw Shire Council Bayside City Council Benalla Rural City Council Boroondara City Council Borough of Queenscliff Brimbank City Council Buloke Shire Council (except for the area known as the former Shire of Wycheproof) Campaspe Shire Council Cardinia Shire Council Casey City Council Central Goldfields Shire Council Colac Otway Shire Council Corangamite Shire Council Darebin City Council East Gippsland Shire Council (except for the area known as the former Shire of Omeo) Frankston City Council Gannawarra Shire Council Glen Eira City Council Glenelg Shire Council (except for the area known as the former Shire of Heywood) Golden Plains Shire Council Greater Bendigo City Council Greater Dandenong City Council Greater Geelong City Council Greater Shepparton City Council Hepburn Shire Council Hindmarsh Shire Council Hobsons Bay City Council Horsham Rural City Council (except for the area known as the former Shire of Arapiles) Hume City Council Indigo Shire Council Kingston City Council Knox City Council La Trobe Shire Council Loddon Shire Council Macedon Ranges Shire Council Manningham City Council Mansfield Shire Council Maribyrnong City Council Maroondah City Council Melbourne City Council Melton Shire Council Mildura Rural City Council (except for the area known as the former Shire of Walpeup) Mitchell Shire Council Moira Shire Council Monash City Council Moonee Valley City Council Moorabool Shire Council Moreland City Council Mornington Peninsula Shire Council Mount Alexander Shire Council Moyne Shire Council Murrindindi Shire Council Nillumbik Shire Council Northern Grampians Shire Council Port Phillip City Council Pyrenees Shire Council South Gippsland Shire Council Southern Grampians Shire Council Sch. 3 -- 7 of 9 -- S.R. No. 112/2014 Magistrates' Court General Regulations 2014 7 Authorised by the Chief Parliamentary Counsel Stonnington City Council Strathbogie Shire Council Surf Coast Shire Council Swan Hill Rural City Council (except for the area known as the former Shire of Swan Hill) Towong Shire Council (except for the area known as the former Shire of Upper Murray) Wangaratta Rural City Council Warrnambool City Council Wellington Shire Council West Wimmera Shire Council Whitehorse City Council Whittlesea City Council Wodonga City Council Wyndham City Council Yarra City Council Yarra Ranges Shire Council Yarriambiack Shire Council (except for the area known as the former Shire of Karkarooc) ═══════════════ Sch. 3 -- 8 of 9 -- S.R. No. 112/2014 Magistrates' Court General Regulations 2014 8 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 5: S.R. No. 55/2011. Endnotes -- 9 of 9 --