Magistrates' Court General (Amendment) Regulations 2002

i Magistrates' Court General (Amendment) Regulations 2002 S.R. No. 22/2002 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Principal Regulations 1 5. New Part 8A 2 PART 8A—ENFORCEMENT OF FINES 2 850. Definitions 2 851. Proper officers 2 852. Application for time to pay, instalment order or variation of instalment order 2 853. Consideration of application 3 854. Determination of the application 4 855. Enforcement of fines against a natural person 4 856. Declaration of liability of a director for offence of body corporate 6 857. Enforcement of fine against body corporate 6 6. Advice in other languages in proceeding for payment of a fine 7 7. New Forms inserted 7 Schedule 8—Payment and enforcement of fines 7 Form 1—Application for time to pay a fine 7 Form 2—Application for community-based order 10 Form 3—Community-based order in default of payment of a fine 13 Form 4—Notice about the procedure for enforcement of fines 15 Form 5—Consent to the making of a community-based order for unpaid work in lieu of payment of a fine 17 -- 1 of 24 -- Regulation Page ii Form 6—Summons for failure to pay a fine 19 Form 7—Notice about the procedure for enforcement of a fine (bodies corporate) 21 ═══════════════ ENDNOTES 22 -- 2 of 24 -- 1 STATUTORY RULES 2002 S.R. No. 22/2002 Magistrates' Court Act 1989 Magistrates' Court General (Amendment) Regulations 2002 The Lieutenant-Governor as the Governors Deputy with the advice of the Executive Council makes the following Regulations: Dated: 9 April 2002 Responsible Minister: ROB HULLS Attorney-General LUKAS MARTIN Acting Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe certain matters relating to the enforcement of fines in the Magistrates' Court. 2. Authorising provision These Regulations are made under section 140 of the Magistrates' Court Act 1989. 3. Commencement These Regulations come into operation on 14 April 2002. 4. Principal Regulations In these Regulations the Magistrates' Court General Regulations 20001 are called the Principal Regulations. -- 3 of 24 -- S.R. No. 22/2002 Magistrates' Court General (Amendment) Regulations 2002 2 5. New Part 8A After regulation 802 of the Principal Regulations insert— 'PART 8A—ENFORCEMENT OF FINES 850. Definitions In this Part— "offender" means a person on whom the Court has imposed a fine; "person in default" means a person who has failed to pay a fine or an instalment under an instalment order and includes a director of a body corporate who is the subject of a declaration under section 50(6) of the Sentencing Act 1991; "regional manager", in relation to an intensive correction order or a community-based order, means the person appointed under Part 4 of the Corrections Act 1986 to be the Regional Manager of the region in which the community corrections centre specified in the order is located. 851. Proper officers For the purposes of Division 4 of Part 3 of the Sentencing Act 1991, all registrars and deputy registrars of the Court are proper officers of the Court. 852. Application for time to pay, instalment order or variation of instalment order An application under section 55 of the Sentencing Act 1991 by an offender must be made by— r. 5 -- 4 of 24 -- S.R. No. 22/2002 Magistrates' Court General (Amendment) Regulations 2002 3 (a) attending in person during normal business hours at the Court and making an oral application to the proper officer and, in the case of an application under paragraph (d) of section 55(1) of that Act, filing a completed Form 1 of Schedule 8 with the proper officer; or (b) if the offender— (i) is resident outside Victoria; or (ii) is held in a prison, police gaol or youth training centre; or (iii) is unable to attend personally because of illness, infirmity or distance from the Court— by sending, in the case of an application under paragraph (a), (b) or (c) of section 55(1) of that Act, a completed Form 1 of Schedule 8 and, in the case of an application under paragraph (d) of section 55(1) of that Act, a completed Form 2 of Schedule 8 by post to the proper officer. 853. Consideration of application (1) The proper officer must consider an application under section 55(1) or (2) of the Sentencing Act 1991 as soon as practicable. (2) In considering an application the proper officer may— (a) question the offender about his or her financial circumstances; and (b) require the offender to produce any document concerning his or her financial circumstances that is reasonably accessible to the offender. r. 5 -- 5 of 24 -- S.R. No. 22/2002 Magistrates' Court General (Amendment) Regulations 2002 4 (3) The proper officer may— (a) adjourn an application for a total period not exceeding one month from the day on which the application is considered by the proper officer; and (b) stay execution of the fine during the adjournment. 854. Determination of the application (1) An order made under paragraph (a) of section 55(1) of the Sentencing Act 1991 for time to pay a fine must include the date by which the fine is to be paid. (2) An instalment order or variation of an instalment order made under paragraph (b) or (c) of section 55(1) of the Sentencing Act 1991 must include— (a) the total amount to be paid; and (b) the amount of each instalment; and (c) the date on which each instalment must be paid. (3) A community-based order made under paragraph (d) of section 55(1) of the Sentencing Act 1991 must be in Form 3 of Schedule 8. (4) The proper officer must cause a copy of the order to be delivered to the applicant personally or by post without delay. 855. Enforcement of fines against a natural person (1) The prescribed form for a consent under section 62(7)(b) of the Sentencing Act 1991 to the making of a community-based order r. 5 -- 6 of 24 -- S.R. No. 22/2002 Magistrates' Court General (Amendment) Regulations 2002 5 requiring a person in default to perform unpaid community work is Form 4 of Schedule 8. (2) The statement in writing required by section 62(8) of the Sentencing Act 1991 must be in Form 5 of Schedule 8. (3) A community-based order under section 62(9) of the Sentencing Act 1991 requiring a person in default to perform unpaid community work must be in Form 3 of Schedule 8. (4) The prescribed form for a summons issued under section 64(1) of the Sentencing Act 1991 is Form 6 of Schedule 8. (5) A summons under section 64(1) of the Sentencing Act 1991 may be issued by a registrar of the Court under the direction of a magistrate. (6) If the last known address of the person in default is within Victoria, a summons issued under sub-regulation (5) may be served by post directed to that address. (7) If a person in default— (a) has been taken into custody in accordance with a warrant to arrest issued under section 64 of the Sentencing Act 1991; and (b) the outstanding amount of the fine specified in the warrant is paid— the person may be released from custody without being taken before the Court. r. 5 -- 7 of 24 -- S.R. No. 22/2002 Magistrates' Court General (Amendment) Regulations 2002 6 856. Declaration of liability of a director for offence of body corporate The informant or police prosecutor must give notice of an application for a declaration under section 50(6) of the Sentencing Act 1991 to any person who was a director of the body corporate at the time of the commission of the offence by— (a) not less than 14 days before the date of hearing of the application posting a true copy of the application addressed to the director at his or her last known place of residence or business; or (b) not less than 5 days before the date of hearing of the application— (i) delivering to the director personally a true copy of the application; or (ii) leaving a true copy of the application for the director at his or her last known place of residence or business with a person who apparently resides or works there and who is apparently not less than 16 years old. 857. Enforcement of fine against body corporate The statement in writing required by section 66(3) of the Sentencing Act 1991 to be delivered by the person making a demand for payment to a body corporate in default— (a) must be in Form 7 of Schedule 8; and (b) may be served by leaving it at the registered office of the body corporate.'. r. 5 -- 8 of 24 -- S.R. No. 22/2002 Magistrates' Court General (Amendment) Regulations 2002 7 6. Advice in other languages in proceeding for payment of a fine At the end of regulation 1302 of the Principal Regulations insert— "(2) Form 3 of Schedule 5 must be included and form part of any originating process and any other document served on a person in a proceeding for enforcement of a fine.". 7. New Forms inserted After Schedule 7 to the Principal Regulations insert— "SCHEDULE 8 PAYMENT AND ENFORCEMENT OF FINES FORM 1 Regulation 852 APPLICATION FOR TIME TO PAY A FINE INSTALMENT ORDER VARIATION OF INSTALMENT ORDER In the Magistrates' Court at Ref. No. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– APPLICATION In the case against me by (set out details) on (date) I was ordered to pay a fine. I (full name) of (address and occupation) r. 6 -- 9 of 24 -- S.R. No. 22/2002 Magistrates' Court General (Amendment) Regulations 2002 8 now apply to the proper officer of the Magistrates' Court at (venue) for— ❑ an order that time be allowed for payment of the fine ❑ an order that the fine be paid by instalments ❑ an order for the variation of the terms of an instalment order. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– DETAILS OF THE COURT ORDER The Court ordered that I pay $ in fines and costs. I ❑ was ❑ was not present when the order was made. The Court ordered that the fines and costs be paid— ❑ by (date) ❑ by instalments of $ to be paid on the day of each ❑ week ❑ fortnight ❑ month. ❑ did not make any order about payment. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– DETAILS OF PAYMENTS MADE BY ME (Set out details of payments made) ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FUTURE PAYMENTS I now want to pay the money I owe ❑ by / / ❑ by instalments of $ on the day of each ❑ week ❑ fortnight ❑ month starting on (date). ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– DETAILS OF MY INCOME AND EXPENSES At present I receive $ each week after tax has been deducted. My weekly expenses are $ This leaves me with $ ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– r. 7 -- 10 of 24 -- S.R. No. 22/2002 Magistrates' Court General (Amendment) Regulations 2002 9 [To be completed by the proper officer—] I received this application on (date). (Signature)— (Print name)— NOTE: The registrar who deals with this application will notify you in writing of the decision. ❑ Tick whichever applies __________________ r. 7 -- 11 of 24 -- S.R. No. 22/2002 Magistrates' Court General (Amendment) Regulations 2002 10 FORM 2 Regulation 852 APPLICATION FOR COMMUNITY-BASED ORDER In the Magistrates' Court at Ref. No. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– APPLICATION In the case against me by (set out details) on (date) I was ordered to pay a fine. I, (full name) of (address and occupation) now apply to the proper officer of the Magistrates' Court at (venue) for a community-based order requiring me to perform unpaid community work as directed by a regional manager, instead of paying the fine. I agree to comply with such an order. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– DETAILS OF THE COURT ORDER The Court ordered that I pay $ in fines and costs. I ❑ was ❑ was not present when the order was made. The Court ordered that the fines and costs be paid— ❑ by (date) ❑ by instalments of $ to be paid on the day of each ❑ week ❑ fortnight ❑ month ❑ The Court did not make any order about payment. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– DETAILS OF PAYMENTS MADE BY ME (Set out details of payments made) ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– r. 7 -- 12 of 24 -- S.R. No. 22/2002 Magistrates' Court General (Amendment) Regulations 2002 11 RATE OF CONVERSION OF AMOUNT(S) TO UNPAID COMMUNITY WORK I understand that the amount(s) that I owe for each unpaid fine together with the amount of warrant costs included by the proper officer will be converted into hours of unpaid community work at the rate of 1 hour for each $20 or part of $20 which I owe, with a minimum of 8 hours and a maximum of 500 hours work to be performed by me. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– CONDITIONS OF THE ORDER I understand that the following conditions will apply to the order and I agree to comply with them: During the period of the community-based order I must— • not commit another offence punishable by imprisonment. • report to a community corrections centre as specified by the Court. • report to, and receive visits from, a community corrections officer. • notify an officer at the specified community corrections centre of any change of address or employment within 2 clear working days after the change. • not leave Victoria except with the permission of an officer at the specified community corrections centre. • obey all lawful instructions and directions of community corrections officers. • perform unpaid community work as directed by the regional manager for a period determined by the Court. Dated at (place) on (date) Witnessed by (Signature of person in default) (Signature of witness) (Print name of witness) NOTE: The registrar who deals with this application will notify you in writing of the decision. ❑ Tick whichever applies ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– r. 7 -- 13 of 24 -- S.R. No. 22/2002 Magistrates' Court General (Amendment) Regulations 2002 12 To be completed by the proper officer I received this application on (date) The amount of warrant costs to be included is $ (Signature) (Print name) ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– __________________ r. 7 -- 14 of 24 -- S.R. No. 22/2002 Magistrates' Court General (Amendment) Regulations 2002 13 FORM 3 Regulation 854 COMMUNITY-BASED ORDER IN DEFAULT OF PAYMENT OF A FINE TO Ref. No. of Date of birth / / On / / , with your signed consent, this community-based order is made against you requiring you to perform unpaid community work in respect of the unpaid fine set out below which was imposed by the Magistrates' Court at on / / . Unpaid amounts Charge Fine Statutory costs Costs Hours of work ordered How hours to be served Where the hours are stated as being served cumulatively, they are to be performed cumulatively, or in addition to any other community-based order made in respect of unpaid fines. A minimum of 8 hours unpaid community work is required to be performed. This order commences on / / and ends on / / . You must attend (address of community corrections centre) within 2 clear workings days after / / . The Magistrates' Court at will supervise this order. The conditions of this Order are that you must: • not commit another offence for which you could be imprisoned during the time that the order is in force. • report to the above community corrections centre within 2 clear working days of the order starting. • report to, and receive visits from, a community corrections officer. • notify an officer at the above community corrections centre of any change of your address or employment within 2 clear working days after the change. r. 7 -- 15 of 24 -- S.R. No. 22/2002 Magistrates' Court General (Amendment) Regulations 2002 14 • not leave Victoria without first obtaining permission to do so from an officer at the above community corrections centre. • obey all lawful instructions and directions given to you by community corrections officers. • perform unpaid community work as directed by the regional manager for the hours of work specified in this order. This order was made on / / at . (Signature of magistrate/proper officer) __________________ r. 7 -- 16 of 24 -- S.R. No. 22/2002 Magistrates' Court General (Amendment) Regulations 2002 15 FORM 4 Regulation 855 NOTICE ABOUT THE PROCEDURE FOR ENFORCEMENT OF FINES A warrant to arrest has been issued to the sheriff for non-payment of the fine(s) imposed against you in the Magistrates' Court. A summary of the fine(s) and the total amount still outstanding is attached. You may obtain further details of the penalties from any venue of the Magistrates' Court. To do so, you must supply the Court reference which is also on the attached summary. YOU HAVE 7 DAYS FROM THE DATE ON WHICH THIS DEMAND IS MADE IN WHICH TO PAY THE AMOUNT OUTSTANDING, OR TO OBTAIN AN INSTALMENT ORDER OR TIME TO PAY ORDER, OR TO CONSENT TO THE MAKING OF A COMMUNITY-BASED ORDER [see below]. Payment must be made to the sheriff, (insert address) ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– IF YOU CANNOT PAY You may apply to the registrar at any venue of the Magistrates' Court for an order that the fine be paid by instalments, or an order that you be allowed time to pay the fine. If you do not pay the fine and do not make an application to a registrar you may consent to the Court making a community-based order requiring you to perform unpaid community work instead of paying the fine. You may be required to perform one hour of unpaid work for each $20 or part of $20 of each fine outstanding. A minimum of 8 hours work under the direction of the Office of Corrections must be performed, irrespective of the amount outstanding, up to a maximum of 500 hours. You can obtain a consent form from the person making this demand. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– IF YOU DO NOT PAY OR TAKE ANY ACTION If you do not take any action, you will be arrested and brought before the Court. If the Court is satisfied that you have defaulted in payment for more than one month, it may— * make a community-based order requiring you to perform unpaid community work under the direction of a regional manager for one hour for each $20 or part of $20 then remaining unpaid with a minimum of 8 r. 7 -- 17 of 24 -- S.R. No. 22/2002 Magistrates' Court General (Amendment) Regulations 2002 16 and a maximum of 500 hours. You may also be ordered to pay additional costs. * order that you be imprisoned for one day for each $100 or part of $100 then remaining unpaid with a maximum of 24 months, and may order you to pay additional costs. * order that the amount of the fine then unpaid be levied under a warrant to seize property. * vary any existing order for payment of the fine by instalments. * adjourn the hearing or further hearing of the matter for up to 6 months on any terms that the Court thinks fit. __________________ r. 7 -- 18 of 24 -- S.R. No. 22/2002 Magistrates' Court General (Amendment) Regulations 2002 17 FORM 5 Regulation 855 CONSENT TO THE MAKING OF A COMMUNITY-BASED ORDER FOR UNPAID WORK IN LIEU OF PAYMENT OF A FINE In the Magistrates' Court Ref. No. at Name (full name) of (address) ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– CONSENT TO A COMMUNITY-BASED ORDER I consent to the making by the Court of a community-based order requiring me to perform unpaid community work as directed by a regional manager, instead of paying a total penalty of $ . ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– RATE OF CONVERSION OF AMOUNT(S) TO UNPAID COMMUNITY WORK I understand that the amount(s) that I owe for each unpaid fine will be converted into hours of unpaid community work at the rate of 1 hour for each $20 or part of $20 which I owe, with a minimum of 8 hours and a maximum of 500 hours work to be performed by me. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– CONDITIONS OF THE ORDER I understand that the following conditions will apply to the order and I agree to comply with them: During the period of the community-based order I must— • not commit another offence punishable by imprisonment. • report to a community corrections centre specified by the Court. • report to, and receive visits from, a community corrections officer. • notify an officer at the specified community corrections centre of any change of address or employment within 2 clear working days after the change. • not leave Victoria except with the permission of an officer at the specified community corrections centre. r. 7 -- 19 of 24 -- S.R. No. 22/2002 Magistrates' Court General (Amendment) Regulations 2002 18 • obey all lawful instructions and directions of community corrections officers. • perform unpaid community work as directed by the regional manager for a period determined by the court. Dated at (place) on (date) (Signature of person in default) (Print name) Witnessed by— (Signature of witness) (Print name) TO THE PERSON IN DEFAULT The Court will send you a notice of the making of a community-based order and its conditions. __________________ r. 7 -- 20 of 24 -- S.R. No. 22/2002 Magistrates' Court General (Amendment) Regulations 2002 19 FORM 6 Regulation 755(4) SUMMONS FOR FAILURE TO PAY A FINE In the Magistrates' Court Court Ref. at Date of birth Informant of TO 1. On (date) you were found guilty of an offence and the Court ordered you to pay the following amount(s): Charge No. Act/section Fine $ Statutory Costs $ Costs/Other amount(s) $ Paid $ Unpaid $ TOTAL AMOUNT NOW PAYABLE 2. The Court records show that you have not paid the above amount and a warrant to seize your property to recover this amount has been returned unsatisfied. 3. YOU ARE DIRECTED TO APPEAR BEFORE THE MAGISTRATES' COURT AT (place) ON (date and time) TO BE EXAMINED CONCERNING YOUR FAILURE TO PAY THE ABOVE AMOUNT(S). Issued at (place) on (date) ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTES 1. If you pay the above amount to any registrar of the Magistrates' Court on or before the date for hearing of this summons, you will not be required to appear at Court. If you do not pay before the hearing of this summons, the Court may order you to pay additional costs. r. 7 -- 21 of 24 -- S.R. No. 22/2002 Magistrates' Court General (Amendment) Regulations 2002 20 2. Payments may be made personally or posted to the registrar. You must quote the Court reference at the top of this summons. 3. If you do not pay the amount due or appear at Court as directed by this summons, a warrant for your arrest may be issued. __________________ r. 7 -- 22 of 24 -- S.R. No. 22/2002 Magistrates' Court General (Amendment) Regulations 2002 21 FORM 7 Regulation 857 NOTICE ABOUT THE PROCEDURE FOR ENFORCEMENT OF A FINE (BODIES CORPORATE) A warrant to seize property owned by the company has been issued to satisfy the amount of a fine or instalment under an instalment order imposed on the company by the Magistrates' Court, and all lawful costs of execution. The attached document sets out a summary of the details and the total amount outstanding. You may obtain further details of the penalty from the Magistrates' Court. To do so, you must supply the Court reference which is also on the attached summary. THE COMPANY HAS 7 DAYS FROM THE DATE ON WHICH THIS DEMAND IS MADE TO PAY THE AMOUNT OUTSTANDING OR TO OBTAIN AN INSTALMENT ORDER OR TIME TO PAY ORDER [see below]. Payment must be made to the sheriff, [insert address] ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– IF THE COMPANY CANNOT PAY It may apply to a registrar of the Magistrates' Court for an order that the fine be paid by instalments or for an order that the company be allowed time to pay the fine. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– IF THE COMPANY DOES NOT PAY OR TAKE ANY ACTION If the company does not pay or take any action, the sheriff is required to seize and sell property belonging to the company to satisfy the amount outstanding. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– ". ═══════════════ r. 7 -- 23 of 24 -- S.R. No. 22/2002 Magistrates' Court General (Amendment) Regulations 2002 22 ENDNOTES 1 Reg. 4: S.R. No. 69/2000 as amended by S.R. Nos 7/2001, 106/2001 and 4/2002. Endnotes -- 24 of 24 --