Magistrates' Court General Amendment Regulations 2009

i Magistrates' Court General Amendment Regulations 2009 S.R. No. 170/2009 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 1 3 Commencement 1 4 Principal Regulations 2 5 Issue of some penalty enforcement warrants 2 6 Perin Court, appearance by audio visual link 2 7 Appearance by audio visual link 2 8 Documents 2 9 Offences for which a summons may be served by post 2 10 Last known place of residence or business 2 11 Pre-hearing disclosure 2 12 Witness summonses in criminal proceedings 2 13 Summonses issued by informant 3 14 Enforcement of fines 3 15 Form of warrant 3 16 Form of pre-hearing disclosure notice 3 17 Committal proceedings 3 18 Forms 3 1301 Prescribed forms—warrants 3 19 Revocation of regulations in Part 13 3 20 Schedule 1—Revocations 3 21 Schedule 3—Prescribed venues of the Court for the purposes of section 82(2) of the Magistrates' Court Act 1989 4 22 Schedule 5—Forms in criminal proceedings 5 23 Schedule 8—Payment and enforcement of fines 5 24 Schedule 10—Government enforcement agencies 5 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 STATUTORY RULES 2009 S.R. No. 170/2009 Magistrates' Court Act 1989 Magistrates' Court General Amendment Regulations 2009 The Governor in Council makes the following Regulations: Dated: 15 December 2009 Responsible Minister: ROB HULLS Attorney-General TOBY HALLIGAN Clerk of the Executive Council 1 Objectives The objectives of these Regulations are to— (a) revoke certain provisions of the Magistrates' Court General Regulations 2000 which are to be made in the Magistrates' Court Criminal Procedure Rules 2009; and (b) to make consequential amendments to the Magistrates' Court General Regulations 2000 as a result of the Criminal Procedure Act 2009 and the Evidence Act 2008. 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 January 2010. -- 2 of 7 -- S.R. No. 170/2009 Magistrates' Court General Amendment Regulations 2009 2 4 Principal Regulations In these Regulations, the Magistrates' Court General Regulations 2000 1 are called the Principal Regulations. 5 Issue of some penalty enforcement warrants Regulation 306 of the Principal Regulations is revoked. 6 Perin Court, appearance by audio visual link For the heading to Part 4 of the Principal Regulations substitute— "PART 4—VENUES OF THE COURT". 7 Appearance by audio visual link Insert the following heading to regulation 402 of the Principal Regulations— "Venues of the Court—section 82(2)". 8 Documents Part 5 of the Principal Regulations is revoked. 9 Offences for which a summons may be served by post Regulation 601 of the Principal Regulations is revoked. 10 Last known place of residence or business Regulation 602 of the Principal Regulations is revoked. 11 Pre-hearing disclosure Part 6A of the Principal Regulations is revoked. 12 Witness summonses in criminal proceedings Part 7 of the Principal Regulations is revoked. r. 4 -- 3 of 7 -- S.R. No. 170/2009 Magistrates' Court General Amendment Regulations 2009 3 13 Summonses issued by informant Part 8 of the Principal Regulations is revoked. 14 Enforcement of fines Part 8A of the Principal Regulations is revoked. 15 Form of warrant Regulation 902 of the Principal Regulations is revoked. 16 Form of pre-hearing disclosure notice Regulation 904 of the Principal Regulations is revoked. 17 Committal proceedings Part 11 of the Principal Regulations is revoked. 18 Forms For regulation 1301 of the Principal Regulations substitute— "1301 Prescribed forms—warrants The prescribed forms of warrants are the relevant forms (with any modifications that are necessary) set out in the Magistrates' Court Criminal Procedure Rules as in force from time to time.". 19 Revocation of regulations in Part 13 Regulations 1302, 1302A and 1303 of the Principal Regulations are revoked. 20 Schedule 1—Revocations Schedule 1 to the Principal Regulations is revoked. r. 13 -- 4 of 7 -- S.R. No. 170/2009 Magistrates' Court General Amendment Regulations 2009 4 21 Schedule 3—Prescribed venues of the Court for the purposes of section 82(2) of the Magistrates' Court Act 1989 For Schedule 3 to the Principal Regulations substitute— "SCHEDULE 3 Regulation 402 PRESCRIBED VENUES OF THE COURT FOR THE PURPOSES OF SECTION 82(2) OF THE MAGISTRATES' COURT ACT 1989 Ararat Heidelberg Orbost Bacchus Marsh Hopetoun Ouyen Bairnsdale Horsham Portland Ballarat Kerang Preston Benalla Korumburra Ringwood Bendigo Kyneton Robinvale Broadmeadows Latrobe Valley Sale Castlemaine Mansfield Seymour Cobram Maryborough Shepparton Colac Melbourne Stawell Corryong Mildura St Arnaud Dandenong Moe Sunshine Drug Court (Dandenong) Moonee Ponds Swan Hill Dromana Moorabbin Justice Centre (Highett) Wangaratta Echuca Morwell Justice Centre Warrnambool Edenhope Myrtleford Werribee Frankston Neighbourhood Justice Centre (Collingwood) Wodonga Geelong Nhill Wonthaggi Hamilton Omeo __________________". r. 21 -- 5 of 7 -- S.R. No. 170/2009 Magistrates' Court General Amendment Regulations 2009 5 22 Schedule 5—Forms in criminal proceedings Schedule 5 to the Principal Regulations is revoked. 23 Schedule 8—Payment and enforcement of fines Schedule 8 to the Principal Regulations is revoked. 24 Schedule 10—Government enforcement agencies Schedule 10 to the Principal Regulations is revoked. ═══════════════ r. 22 -- 6 of 7 -- S.R. No. 170/2009 Magistrates' Court General Amendment Regulations 2009 6 ENDNOTES 1 Reg. 4: S.R. No. 69/2000. Reprint No. 3 as at 1 July 2006. Reprinted to S.R. No. 76/2006 and subsequently amended by S.R. No. 101/2009. Endnotes -- 7 of 7 --