Magistrates' Court General Regulations 2000

i Magistrates' Court General Regulations 2000 S.R. No. 69/2000 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 101. Objectives 1 102. Authorising provision 2 103. Commencement 2 104. Revocation 2 105. Definition 2 PART 2—APPOINTMENTS 3 201. Oath of office 3 202. Bail justices 3 PART 3—THE COURT RECORD 5 301. Authentication of orders 5 302. Issue and authentication of process 5 303. Authentication of warrants 5 304. Particulars of warrants to be entered in the register 5 305. Issue of some warrants to seize property 6 306. Issue of some penalty enforcement warrants 6 PART 4—PERIN COURT, APPEARANCE BY AUDIO VISUAL LINK 7 401. PERIN court 7 402. Appearance by audio visual link 7 PART 5—DOCUMENTS 8 501. Content and form of documents 8 PART 6—SERVICE 9 601. Offences for which a summons may be served by post 9 602. Last known place of residence or business 10 603. Service of civil process by a member of the police force 11 -- 1 of 84 -- Regulation Page ii PART 7—WITNESS SUMMONSES IN CRIMINAL PROCEEDINGS 12 701. Form of witness summons 12 PART 8—SUMMONSES ISSUED BY INFORMANT 13 801. Prescribed persons 13 802. Prescribed summary offences 13 PART 9—WARRANTS TO SEIZE PROPERTY 15 901. Application 15 902. Form of warrant 15 903. Execution of warrant 15 904. Form of pre-hearing disclosure notice 16 PART 10—PENALTY ENFORCEMENT WARRANTS 17 1001. Application 17 1002. Form of warrant 17 1003. Statement in writing 17 PART 11—COMMITTAL PROCEEDINGS 18 1101. Time limits applicable to certain committal proceedings 18 1102. Caution 18 PART 12—PERIN (PENALTY ENFORCEMENT BY REGISTRATION OF INFRINGEMENT NOTICES) 19 1201. Appropriate officer 19 1202. Continuing offence provision 19 1203. Infringement notice 20 1204. Penalty notice, prescribed offence 21 1205. Courtesy letter—section 87 of the Road Safety Act 22 1206. Courtesy letter—section 88 of the Road Safety Act 22 1207. PERIN forms 23 1208. Enforcement against body corporate—prescribed person may state that a person was a director 24 PART 13—FORMS 25 1301. Prescribed forms 25 1302. Advice in other languages 25 1303. Non-compliance with prescribed forms 25 __________________ SCHEDULES 26 -- 2 of 84 -- Regulation Page iii SCHEDULE 1—Revocations 26 SCHEDULE 2—Oaths of office 27 SCHEDULE 3—Prescribed venues of the Court for the purposes of section 82 of the Magistrates' Court Act 1989 28 SCHEDULE 4—Areas in which a member of the police force is not required to serve process in a civil proceeding 29 SCHEDULE 5—Forms in criminal proceedings 31 Form 1—Witness summons 31 Form 2—Warrant to seize property 33 Form 3—Important: do not ignore this document 35 Form 4—Certified extract 36 Form 5—Charge 37 Form 6—Continuation of charges 39 Form 7—Charge and summons 40 Form 8—Charge and warrant to arrest 42 Form 9—Affidavit/declaration of service of summons to answer to a charge 44 Form 10—Brief of evidence 45 Form 11—Warrant to arrest 48 Form 12—Remand warrant 50 Form 13—Warrant to imprison 52 Form 14—Warrant to imprison (unpaid fine(s)) 55 Form 15—Search warrant 57 Form 16—Notice of committal mention date 59 Form 17—Election to stand trial without a committal proceeding being conducted 62 Form 18—Application for a rehearing 63 Form 19—Notice 65 SCHEDULE 6—Perin forms 67 -- 3 of 84 -- Regulation Page iv Form 1—Particulars to be included in the document provided to the registrar pursuant to clause 4(1)(a) of schedule 7 67 Form 2—Certificate for registration of infringement penalties 70 Form 3—Non registration of an infringement penalty 72 Form 4—Notice of enforcement order 73 Form 5—Warning notice 75 Form 6—Non referral of an offence to court 77 Form 7—Penalty enforcement warrant 78 Form 8—Statement setting out the effect of giving consent to the seizure or taking of personal property used primarily as a means of transport 80 ═══════════════ -- 4 of 84 -- 1 STATUTORY RULES 2000 S.R. No. 69/2000 Magistrates' Court Act 1989 Magistrates' Court General Regulations 2000 The Governor in Council makes the following Regulations: Dated: 11 July 2000 Responsible Minister: ROB HULLS Attorney-General HELEN DOYE Clerk of the Executive Council PART 1—PRELIMINARY 101. Objectives The objectives of these Regulations are to prescribe— (a) oaths of office; and (b) offences for which certain procedures set out in the Act may be used; and (c) the procedure applicable to warrants to seize property in criminal proceedings; and (d) matters relating to the procedure for enforcement of infringement penalties; and (e) forms for use in criminal proceedings in the Magistrates' Court; and -- 5 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 2 (f) other matters required or necessary to be prescribed by the Magistrates' Court Act 1989. 102. Authorising provision These Regulations are made under section 140 of the Magistrates' Court Act 1989. 103. Commencement These Regulations come into operation on 15 July 2000. 104. Revocation The Regulations in Schedule 1 are revoked. 105. Definition In these Regulations ''the Act'' means the Magistrates' Court Act 1989. _______________ r. 102 -- 6 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 3 PART 2—APPOINTMENTS 201. Oath of office (1) For the purposes of sections 7(5), 9(7), 120(3) and 121(3) of the Act, the oath of office for a magistrate, an acting magistrate and a bail justice is set out in Part 1 of Schedule 2. (2) For the purposes of section 115(4) of the Act, the oath of office for a justice of the peace is set out in Part 2 of Schedule 2. (3) An oath of office for a bail justice and a justice of the peace must be administered by a magistrate who must forward to the Attorney-General a certificate of administration. 202. Bail justices A prescribed classification for the purposes of section 121 of the Act is a classification of— (a) VPS-3, VPS-4 or VPS-5 in the public service in which the employee is required to perform the duties of any one or more of the following— (i) Prothonotary or deputy Prothonotary of the Supreme Court; (ii) registrar or deputy registrar of the County Court; (iii) principal registrar of the Court; (iv) registrar or deputy registrar of the Court; (v) registrar or deputy registrar of the Children's Court at Melbourne; r. 201 -- 7 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 4 (b) VPS-2, VPS-3, VPS-4 or VPS-5 in the public service in which the employee is required to perform the duties of associate to a judge of the Supreme Court or the County Court. _______________ r. 202 -- 8 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 5 PART 3—THE COURT RECORD 301. Authentication of orders For the purposes of section 18(2) of the Act, an order may be authenticated— (a) if the order is entered in writing in the register, by signing the entry; or (b) if the order is entered into a computerised data storage and retrieval system, by entering confirmation of the order into the system. 302. Issue and authentication of process Process may be issued or authenticated by— (a) the signature of; or (b) stamping with the facsimile signature stamp by— the person issuing or authenticating the process. 303. Authentication of warrants For the purposes of section 57(9) of the Act the execution copy of a warrant produced by a computer data storage and retrieval system may be authenticated by the person who issued the warrant including on that copy his or her name and the date of issue of the warrant. 304. Particulars of warrants to be entered in the register 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; r. 301 -- 9 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 6 (c) in the case of a warrant to seize property or a warrant to imprison issued for non-payment of a fine, the sum in respect of which the warrant is issued and the person to whom the warrant is directed for execution. 305. Issue of some warrants to seize property For the purposes of section 73(3A)(a) of the Act the prescribed particulars are— (a) the direction of the warrant to the sheriff; and (b) the sum in respect of which the warrant is issued, including the prescribed fee payable on the issue of the warrant. 306. Issue of some penalty enforcement warrants For the purposes of section 82C(2A)(a) of the Act the prescribed particulars are— (a) the direction of the warrant to the sheriff; and (b) the sum in respect of which the warrant is issued, including the prescribed fee payable on the issue of the warrant. _______________ r. 305 -- 10 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 7 PART 4—PERIN COURT, APPEARANCE BY AUDIO VISUAL LINK 401. PERIN court The following venue of the Court is prescribed as a venue at which any proceeding or procedure set out in Schedule 7 to the Act is to be brought or taken— 120 Spencer Street Melbourne. 402. Appearance by audio visual link For the purposes of section 82(2) of the Act, the venues of the Court referred to in Schedule 3 are prescribed. _______________ r. 401 -- 11 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 8 PART 5—DOCUMENTS 501. Content and form of documents A document, other than a prescribed form, prepared by a party for use in the Court must be prepared in accordance with rule 3.05 of the Magistrates' Court Civil Procedure Rules 1999. _______________ r. 501 -- 12 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 9 PART 6—SERVICE 601. Offences for which a summons may be served by post For the purposes of section 36(1) of the Act, the following offences are prescribed— (a) summary offences against any of the following Acts or against any subordinate instruments made under those Acts— Education Act 1958 Environment Protection Act 1970 Firearms Act 1996 Food Act 1984 Labour and Industry Act 1958 Liquor Control Reform Act 1998 Litter Act 1987 Local Government Act 1989 Lotteries Gaming and Betting Act 1966 Marine Act 1988 Port Services Act 1995 Prevention of Cruelty to Animals Act 1986 Private Agents Act 1966 Road Safety Act 1986 Summary Offences Act 1966 Transport Act 1983 Vagrancy Act 1966; (b) taxation offences within the meaning of Part III of the Taxation Administration Act 1953 of the Commonwealth; r. 601 -- 13 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 10 (c) offences punishable only by a fine of 20 penalty units or less, whether or not any amount is also payable by way of tax, additional tax or duty. 602. Last known place of residence or business For the purposes of section 36(2) of the Act, the last known place of residence or business of a defendant is to be ascertained as follows— (a) if the alleged offence arises out of the driving or use of a motor vehicle, the address of the defendant appearing on— (i) the driver licence produced by the defendant at the time of or during the investigation of the offence; or (ii) the certificate of registration of the motor vehicle issued under the Road Safety Act 1986 or under any corresponding Act or law of any State or Territory of the Commonwealth; (b) if the alleged offence arises out of the use of a vessel within the meaning of the Marine Act 1988, the address of the defendant appearing on the certificate of registration of the vessel as prescribed under the Marine Act 1988 or under any corresponding Act or law of any State or Territory of the Commonwealth; (c) in any case— (i) the address of the defendant appearing on any valid licence, registration or authority held by the defendant and issued under the Act under which the defendant is to be charged; or (ii) the address given by the defendant during the investigation of the offence. r. 602 -- 14 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 11 603. Service of civil process by a member of the police force A member of the police force is not required to serve process in a civil proceeding in an area referred to in Schedule 4. _______________ r. 603 -- 15 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 12 PART 7—WITNESS SUMMONSES IN CRIMINAL PROCEEDINGS 701. Form of witness summons (1) A witness summons must be in Form 1 of Schedule 5. (2) A summons to give evidence may be directed to any number of persons. (3) A summons— (a) to produce documents or things; or (b) to give evidence and produce documents or things— must be directed to one person only except in the case of partners where the summons may be directed to all members of the firm. _______________ r. 701 -- 16 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 13 PART 8—SUMMONSES ISSUED BY INFORMANT 801. Prescribed persons For the purposes of section 30 of the Act, members of the police force who have served as members for 2 years or more are prescribed as persons who may issue a summons to answer to a charge at the time of signing the charge-sheet. 802. Prescribed summary offences For the purposes of section 30 of the Act, summary offences against any of the following Acts or against any subordinate instruments made under those Acts are prescribed— Casino Control Act 1991 Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 Control of Weapons Act 1990 Domestic (Feral and Nuisance) Animals Act 1994 Firearms Act 1996 Gaming Machine Control Act 1991 Liquor Control Reform Act 1998 Litter Act 1987 Lotteries Gaming and Betting Act 1966 Marine Act 1988 Prevention of Cruelty to Animals Act 1986 Private Agents Act 1966 Road Safety Act 1986 Second-Hand Dealers and Pawnbrokers Act 1989 r. 801 -- 17 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 14 Summary Offences Act 1966 Transport Act 1983 Vagrancy Act 1966. ————————— r. 802 -- 18 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 15 PART 9—WARRANTS TO SEIZE PROPERTY 901. Application This Part applies to every warrant to seize property issued for the enforcement of an order made by the Court in a criminal proceeding. 902. Form of warrant A warrant to seize property must be in Form 2 of Schedule 5. 903. Execution of warrant (1) Money or bank notes belonging to a person named or described in a warrant may be seized under a warrant to seize property but need not be sold. (2) Cheques, bills of exchange, promissory notes, bonds, specialties or securities for money belonging to the person named or described in the warrant may be seized under a warrant to seize property and held as security for money due under an order or the unsatisfied part of an order. When the time for payment arrives the person to whom the warrant is directed may demand and receive payment of them and may sue in any proper court in the name of the defendant or in the name of any person in whose name the person named or described in the warrant might have sued for the recovery of the money secured or made payable by them. (3) Subject to this Part, the rules, practice and procedure of the Supreme Court which apply to or are adopted by the sheriff in the execution of warrants of execution apply, with any necessary modification, to the execution of warrants to seize property. r. 901 -- 19 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 16 904. Form of pre-hearing disclosure notice For the purposes of clause 1A(9) of Schedule 2 of the Act, the registrar may use the form of Notice in Form 19 of Schedule 5. _______________ r. 904 -- 20 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 17 PART 10—PENALTY ENFORCEMENT WARRANTS 1001. Application This Part applies to every penalty enforcement warrant issued under section 82B of the Act. 1002. Form of warrant A penalty enforcement warrant must be in Form 7 of Schedule 6. 1003. Statement in writing A statement in writing required by section 82F(3) of the Act must be in Form 8 of Schedule 6. _______________ r. 1001 -- 21 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 18 PART 11—COMMITTAL PROCEEDINGS 1101. Time limits applicable to certain committal proceedings For the purposes of clause 16(1)(a) of Schedule 5 to the Act, the prescribed period is 6 months. 1102. Caution For the purposes of clause 11(1)(b) of Schedule 5 to the Act, the following caution or a caution to the same effect must be read to the defendant: Before asking you if you wish to enter a plea to this charge/these charges or any of them (as the case may be) or to reserve your plea, it is my duty to warn you that you are not obliged to enter any plea today. If, however, you do plead guilty to this charge/these charges or any of them (as the case may be) today or at any time before or during your trial, the court which sentences you may take into account your plea of guilty and also the stage in the proceedings at which you pleaded guilty or indicated an intention to plead guilty. Whatever you say here today will be taken down in writing and may be used in evidence at your trial. Nothing I have said alters your right to plead not guilty to this charge/these charges or any of them (as the case may be). Are you guilty or not guilty of this charge? (Where there is more than one charge) Is there any charge before the Court to which you plead guilty? _______________ r. 1101 -- 22 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 19 PART 12—PERIN (PENALTY ENFORCEMENT BY REGISTRATION OF INFRINGEMENT NOTICES) 1201. Appropriate officer For the purposes of the definition of "appropriate officer" in clause 2 of Schedule 7 to the Act, the following are prescribed offices— (a) in relation to an infringement notice— (i) officer and deputy officer in charge of the Fixed Penalties Payment Office of the Victoria Police; and (ii) any office authorised by or under any Act to issue the infringement notice; (b) in relation to a penalty notice— (i) the Commissioner for Corporate Affairs under the Companies (Administration) Act 1981; and (ii) the General Manager, Information Processing Centre of the Australian Securities and Investments Commission. 1202. Continuing offence provision For the purposes of the definition of "continuing offence provision" in clause 2 of Schedule 7 to the Act, the following provisions are prescribed— (a) section 50A of the Associations Incorporation Act 1981; (b) section 28 of the Business Names Act 1962; (c) section 571 of the Companies (Victoria) Code and as it applies to the Companies (Acquisition of Shares) (Victoria) Code; (d) section 1314 of the Corporations Law; r. 1201 -- 23 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 20 (e) section 150 of the Futures Industry (Victoria) Code; (f) section 142 of the Securities Industry (Victoria) Code. 1203. Infringement notice For the purposes of the definition of "infringement notice" in clause 2 of Schedule 7 to the Act, the following provisions are prescribed— (a) section 91 of the Conservation, Forests and Lands Act 1987; (b) section 41E of the Country Fire Authority Act 1958; (c) sections 23, 25, 26(1) and 36(2) of the Domestic Building Contracts Act 1995; (d) sections 10(1), 10(2), 20, 21, 24(1), 24(2), 25(1) and 27(1) of the Domestic (Feral and Nuisance) Animals Act 1994; (e) section 68(1) of the Electricity Safety Act 1998; (f) section 63B of the Environment Protection Act 1970; (g) sections 40(2), 75(3), 87(5), 88, 97, 124(1), 124(2), 124(3) and 139 of the Firearms Act 1996; (h) clause 5 of Schedule 5 to the Housing Act 1983; (i) sections 29(1), 35, 36(2), 36(4), 38(1) and 38(2) of the Introduction Agents Act 1997; (j) section 9 of the Litter Act 1987; (k) sections 40 and 40A of the Local Government Act 1989; (l) section 60 of the Marine Act 1988; r. 1203 -- 24 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 21 (m) section 92 of the Metropolitan Fire Brigades Act 1958; (n) section 106 of the Mineral Resources Development Act 1990; (o) sections 20(1), 25(2), 27(3), 31B(1), 34, 35(2), 41(2)(b), 42(2)(a), 42(2)(b), 42A(1), 44, 52(1) and 52(6) of the Motor Car Traders Act 1986 and regulations 23(1), 24(1) and 24(2) of the Motor Car Trader Regulations 1998; (p) sections 87 and 88 of the Road Safety Act 1986; (q) section 38 of the Tobacco Act 1987; (r) section 212 of the Transport Act 1983. 1204. Penalty notice, prescribed offence For the purposes of the definitions of "penalty notice" and "prescribed offence" in clause 2 of Schedule 7 to the Act, the following provisions are prescribed— (a) section 50B of the Associations Incorporation Act 1981; (b) section 28A of the Business Names Act 1962; (c) section 53A of the Companies (Acquisition of Shares) (Victoria) Code; (d) section 570A of the Companies (Victoria) Code; (e) section 1313 of the Corporations Law; (f) section 149 of the Futures Industry (Victoria) Code; r. 1204 -- 25 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 22 (g) section 141A of the Securities Industry (Victoria) Code. 1205. Courtesy letter—section 87 of the Road Safety Act (1) This regulation applies to a courtesy letter in relation to an infringement notice served in accordance with section 87 of the Road Safety Act 1986 where the person served was, at the time of the alleged offence, the owner of the vehicle within the meaning of Part 7 of that Act. (2) For the purposes of clause 3(3) of Schedule 7 to the Act, the following information is prescribed in respect of a courtesy letter to which this regulation applies: ''If you were not in charge of the motor vehicle at the time of the offence, you will not be guilty if, within 14 days after service of this letter, you give to the informant a sworn statement in writing setting out the name and address of the person who was in charge of the motor vehicle at the relevant time.''. 1206. Courtesy letter—section 88 of the Road Safety Act (1) This regulation applies to a courtesy letter in relation to an infringement notice served in accordance with section 88 of the Road Safety Act 1986 in respect of an infringement detected by a detection device prescribed for the purposes of section 66 of that Act where the person served was, at the time of the alleged offence, the owner of the motor vehicle within the meaning of section 66 of that Act. (2) For the purposes of clause 3(3) of Schedule 7 to the Act, the following information is prescribed in respect of a courtesy letter to which this regulation applies: r. 1205 -- 26 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 23 ''If you were not driving the motor vehicle at the time of the offence, you will not be guilty if, within 28 days after service of this letter, you give to the informant a sworn statement in the prescribed form setting out the name and address of the person who was driving the motor vehicle at the relevant time.''. 1207. PERIN forms (1) For the purposes of clause 4(1)(a) of Schedule 7 to the Act, a document is in the prescribed form if it— (a) is— (i) in magnetic tape or magnetic cartridge (type 3480) in an IBM format; or (ii) a compact disc with a 640 megabyte capacity; or (iii) a three and a half inch microdisc double sided high density IBM formatted with a 1·44 megabyte capacity; and (b) contains the prescribed particulars if it contains the particulars set out in Form 1 of Schedule 6. (2) For the purposes of clause 4(1)(b) of Schedule 7 to the Act, a certificate must be in Form 2 of Schedule 6. (3) For the purposes of clause 4(4) of Schedule 7 to the Act, a notice must be in Form 3 of Schedule 6. (4) For the purposes of clause 6(1) of Schedule 7 to the Act, a notice of enforcement order must be in Form 4 of Schedule 6. (5) For the purposes of clause 8(2) of Schedule 7 to the Act, a statement must be in Form 5 of Schedule 6. r. 1207 -- 27 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 24 (6) For the purposes of clause 12(1) of Schedule 7 to the Act, a notice must be in Form 6 of Schedule 6. 1208. Enforcement against body corporate—prescribed person may state that a person was a director For the purposes of clause 8A(2)(b) of Schedule 7 to the Act, a person taken to be appointed as deputy sheriff under section 107 of the Supreme Court Act 1986 is a prescribed person. _______________ r. 1208 -- 28 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 25 PART 13—FORMS 1301. Prescribed forms The forms to be used in criminal proceedings are set out in Schedule 5. 1302. Advice in other languages Form 3 of Schedule 5 must be included and form part of— (a) any originating process served on a defendant; and (b) any process served on a witness— in a criminal proceeding. 1303. Non-compliance with prescribed forms Non-compliance with any form does not render a proceeding void unless the Court so directs, but the proceeding may in the discretion of the Court be amended or otherwise dealt with in any manner and on any terms that the Court thinks fit. __________________ r. 1301 -- 29 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 26 SCHEDULES SCHEDULE 1 Regulation 4 S.R. No. Title 170/1990 Magistrates' Court General Regulations 1990 244/1990 Magistrates' Court General (Amendment) Regulations 1990 24/1991 Magistrates' Court General (PERIN Amendment) Regulations 1991 91/1992 Magistrates' Court General (Amendment) Regulations 1992 31/1994 Magistrates' Court General (Amendment) Regulations 1994 181/1994 Magistrates' Court General (Further Amendment) Regulations 1994 136/1995 Magistrates' Court General (Amendment) Regulations 1995 172/1995 Magistrates' Court General (Further Amendment) Regulations 1995 37/1996 Magistrates' Court General (Amendment) Regulations 1996 124/1996 Magistrates' Court General (Further Amendment) Regulations 1996 35/1997 Magistrates' Court General (Amendment) Regulations 1997 68/1998 Magistrates' Court General (Amendment) Regulations 1998 107/1998 Magistrates' Court General (Further Amendment) Regulations 1998 10/1999 Magistrates' Court General (PERIN Court) Regulations 1999 135/1999 Magistrates' Court General (Amendment) Regulations 1999 27/2000 Magistrates' Court General (Amendment) Regulations 2000 ————————— Sch. 1 -- 30 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 27 SCHEDULE 2 OATHS OF OFFICE Regulation 201(1) PART 1 OATH OF OFFICE OF MAGISTRATE OR BAIL JUSTICE I, [full name], swear by Almighty God that as a *magistrate for Victoria/*bail justice I shall 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. *Delete if inapplicable. Regulation 201(2) PART 2 OATH OF OFFICE OF JUSTICE OF THE PEACE I, [full name], swear by Almighty God that as a Justice of the Peace for Victoria I shall at all times discharge the duties of my office according to the law and to the best of my knowledge and ability. _______________ Sch. 2 -- 31 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 28 SCHEDULE 3 PRESCRIBED VENUES OF THE COURT FOR THE PURPOSES OF SECTION 82 OF THE MAGISTRATES' COURT ACT 1989 Regulation 402 Ararat Bacchus Marsh Bairnsdale Ballarat Benalla Bendigo Broadmeadows Castlemaine Cobram Colac Dandenong Dromana Echuca Frankston Geelong Hamilton Heidelberg Hopetoun Horsham Kerang Korumburra Kyneton Lilydale Mansfield Maryborough Melbourne Mildura Moe Moonee Ponds Myrtleford Nhill Orbost Ouyen Portland Prahran Preston Ringwood Robinvale Sale Seymour Shepparton Stawell St. Arnaud Sunshine Swan Hill Wangaratta Warrnambool Werribee Williamstown Wodonga _______________ Sch. 3 -- 32 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 29 SCHEDULE 4 AREAS IN WHICH A MEMBER OF THE POLICE FORCE IS NOT REQUIRED TO SERVE PROCESS IN A CIVIL PROCEEDING Regulation 603 Alpine Shire Council Ararat Rural City Council Ballarat City Council Bass Coast Shire Council Banyule City Council Baw Baw Shire Council Bayside City Council Boroondara City Council 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 Delatite Shire 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 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 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 Wangaratta Rural City Council Sch. 4 -- 33 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 30 Queenscliff Borough Council South Gippsland Shire Council Southern Grampians Shire Council 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) Warrnambool City Council Wellington Shire Council Whitehorse City Council Whittlesea City Council Wodonga Rural 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. 4 -- 34 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 31 SCHEDULE 5 FORMS IN CRIMINAL PROCEEDINGS Regulation 1301 FORM 1 WITNESS SUMMONS Court Ref. To the Witness M. F. Co. Details of the case Name of person charged (Defendant) Summary of the charges Who filed the charges? (Informant) Agency and address Phone No. What you have to do You must bring this summons with you and ! come to court to give evidence in the proceeding: ! come to court to give evidence and also produce at the hearing the following documents or things that are in your possession or control: ! produce at the hearing the following documents or things that are in your possession or control: You may produce this summons and the documents or things referred to above to the registrar of the Magistrates' Court at [venue] by hand or by post, in either case so that the registrar receives them not later than 2 days (excluding Saturdays, Sundays or other holidays) before the date on which you are required to attend. If you are required to give evidence, you must attend at the hearing. Where will the case be heard Sch. 5 -- 35 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 32 Where you must go The Magistrates' Court at [venue] Address Phone When Time Day Month Year Details about this summons Issued at Date / / Issued by Registrar Magistrate Summons filed by [identify party] _______________ Sch. 5 -- 36 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 33 FORM 2 WARRANT TO SEIZE PROPERTY Court Ref. Who was ordered to pay M F Co Address Date of birth Registration No. State Licence No. State Amount ordered to be paid On (date) the Magistrates' Court at (venue) ordered Fine Statutory Costs Other Costs Payment of $ $ $ Since then payments made were: $ $ $ This leaves a balance of $ $ $ Now outstanding and payable is named may be seized and sold. $ or personal property of the person The amount was ordered to be paid because: ! the person named was found guilty of and fined. The charges were filed by (name/agency) ! the person named had to pay witness costs. ! the case was adjourned. ! the case was dismissed. Sch. 5 -- 37 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 34 WARRANT To ! all members of the police force ! the Sheriff The person named was ordered to pay money to the Court and has failed to comply with the order. You are directed and authorised to: 1. Seize the personal property of the person named in this warrant. 2. Sell the personal property seized if the sums named in the warrant and all lawful costs for executing the warrant are not paid. 3. Pay all money recovered to the Registrar of the Magistrates' Court at the venue of the Court where this warrant was issued. Issued at on Issued by Registrar/Magistrate _______________ Sch. 5 -- 38 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 35 FORM 3 IMPORTANT: DO NOT IGNORE THIS DOCUMENT If you do not understand it, you should immediately have it interpreted and explained to you. You may then get advice from: A Registrar of the Magistrates' Court Your local Solicitor Victoria Legal Aid (Insert address and telephone number) (Information to the effect of this advice to be printed in the English, Arabic, Cambodian, Chinese, Croatian, Greek, Italian, Macedonian, Polish, Serbian, Spanish, Turkish and Vietnamese languages.) _______________ Sch. 5 -- 39 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 36 FORM 4 CERTIFIED EXTRACT Court Ref. On / / the Magistrates' Court at [venue] made the following entries in the register: Defendant Informant, Plaintiff or Complainant Case No. Nature of Charge or Civil Proceeding Court Order Fees $ Magistrate Remarks ! Plea not guilty ! Appeared ! Blood Alcohol ! Plea guilty ! Did not appear ...................... ! No plea ! Consented to summary ! Speed ............. jurisdiction ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Legal Representative for defendant Legal Representative for informant/plaintiff/complainant ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– I am a registrar of the Magistrates' Court at [venue] and I certify that in my opinion this information is a true extract from the register of the Court. Date Signature _______________ Sch. 5 -- 40 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 37 FORM 5 CHARGE Adjourn to Court Ref. Daily No. To the Date of Hearing Defendant M F Co. Date of Birth Registration No. State Licence No. State You have been charged with an offence against the law. Read both pages to see what you must do. Details of the charge against you What is the charge? [1] (Description of offence) Act or Section or Clause Under what law? ! State ! Act Regulation No. (Full Ref.) ! C'wealth ! Regulation ! Other–specify Are there more charges? ! No ! Yes—see 2 below Type of offence ! Summary offence ! Indictable offence What is the charge? [2] (Description of offence) Act or Section or Clause Under what law? ! State ! Act Regulation No. (Full Ref.) ! C'wealth ! Regulation ! Other–specify Are there more charges? ! No ! Yes—see "Continuation of Charges" attached Type of offence ! Summary offence ! Indictable offence Sch. 5 -- 41 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 38 Who filed charge(s)? Phone (Informant) Agency and Address Agency Ref. Signature of Date Informant Filed at Date _______________ Sch. 5 -- 42 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 39 FORM 6 CONTINUATION OF CHARGES Court Ref. Page No. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Person charged ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– ! (Description of offence) Act or Section or Clause ! State ! Act Regulation No. (Full Ref.) ! C'wealth ! Regulation ! Other–specify ! Summary offence ! Indictable offence ! (Description of offence) Act or Section or Clause ! State ! Act Regulation No. (Full Ref.) ! C'wealth ! Regulation ! Other–specify ! Summary offence ! Indictable offence Are there more charges? ! No ! Yes—see page No. ! Signature of informant Agency and address Signature of Registrar Filed at Date _______________ Sch. 5 -- 43 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 40 FORM 7 CHARGE AND SUMMONS Adjourn to Court Ref. Daily No. To the Defendant M F Co. Date of Birth Registration No. State Licence No. State You have been charged with an offence against the law. Read both pages to see what you must do. Details of the charge against you What is the charge? (Description of offence) Act or Section or Clause Under what law? ! State ! Act Regulation No. (Full Ref.) ! C'wealth ! Regulation ! Other–specify Are there more charges? ! No ! Yes—see "Continuation of Charges" attached Type of offence ! Summary offence ! Indictable offence Who filed charge(s)? Phone (Informant) Agency and Address Agency Ref. Signature of Informant Date Charge filed at Date Where will the case be heard Sch. 5 -- 44 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 41 Where you must go The Magistrates' Court at [venue] Address Phone When Time Day Month Year ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Details about this summons ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Issued at Date Registrar Magistrate Prescribed Person _______________ Sch. 5 -- 45 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 42 FORM 8 CHARGE AND WARRANT TO ARREST Adj. to Court Ref. Daily No. To the Defendant M F Co. Date of Birth Registration No. State Licence No. State You have been charged with an offence against the law. Read both pages to see what you must do. Details of the charge against you What is the charge? (Description of offence) Act or Section or Clause Under what law? ! State ! Act Regulation No. (Full Ref.) ! C'wealth ! Regulation ! Other–specify Type of offence ! Summary offence ! Indictable offence Who filed charge? Phone (Informant) Agency and Address Agency Ref. Signature of Informant Date Charge filed at Date Request for Issue of a Warrant to Arrest Sch. 5 -- 46 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 43 I apply for the issue of a warrant to arrest on the following grounds: Warrant to arrest To all members of the police force or You are authorised to break, enter and search any place where the person named in this warrant is suspected to be, to arrest that person and bring him or her before a Bail Justice or the Court as soon as practicable to be dealt with according to law or cause the person to be released on bail in accordance with the endorsement on this warrant. I am satisfied by the evidence before me that a Warrant should be issued on the following grounds: ! it is probable the person will not answer a summons ! the person has absconded or is likely to abscond ! the person is avoiding the service of a summons ! the warrant is ! required ! authorised by another Act namely ! other Issued at Date Before Registrar Magistrate _______________ Sch. 5 -- 47 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 44 FORM 9 AFFIDAVIT/DECLARATION OF SERVICE OF SUMMONS TO ANSWER TO A CHARGE I [full name] of [address], [occupation]*swear/declare that I served a true copy of this summons *together with true copies of pages of ''Continuation of Charges'', *and [any other documents] on [date] at a.m./p.m. by— *delivering it to the defendant personally at [address] *leaving it for the defendant at [address] being the defendant's last or most usual place of *residence/business with a person who apparently resided or worked there and who apparently was not less than 16 years of age. *[if the summons is a summons to answer to a charge for a prescribed offence] posting it by prepaid ordinary post at [address] in an envelope addressed to the defendant at the defendant's last known place of residence or business which address I ascertained from [give details] *[other] *I acknowledge that this declaration is true and correct and I make it in the belief that a person making a false declaration is liable to the penalties of perjury. *Sworn/Declared at [place] in the State of Victoria on [date] *Before:      [Name and address in legible writing, typing or stamp below signature] *a person authorised under section 107A(1) of the Evidence Act 1958 to witness the signing of a statutory declaration. *a person authorised under section 123C(1) of the Evidence Act 1958 to take an affidavit. *Delete if not applicable. _______________ Sch. 5 -- 48 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 45 FORM 10 BRIEF OF EVIDENCE Court Date of hearing Court Ref. To the Defendant Postcode These documents contain the evidence that will be given against you in Court if you do not go to Court. They will then be given to the Magistrate. He or she may consider this evidence and decide whether you are not guilty or guilty. You will receive a notice if you are found guilty. Details of the case against you are contained in: ! The charge sheet a copy of which is attached. ! Witness statements which will be produced at the court hearing. (Copies are attached.) Family name First names ! Documents which will be produced as evidence. (Copies are attached.) ! Things which will be given to the Court as exhibits. Description of exhibit Photo attached Yes No Who filed the charges? Sch. 5 -- 49 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 46 Agency and Address Phone Signature Please read the notice on the back of this page. WHAT IS A BRIEF OF EVIDENCE? A brief of evidence contains copies of the evidence that will be given against you at Court if you do not go to Court. It must contain— a list of the people who have made statements; copies of those statements; a copy of the charge-sheet; a copy of any document which will be given as evidence; a list of exhibits, if any; a photograph of any exhibit which cannot be described in detail in the list. What is it for? Many people do not come to Court when they have been charged with minor offences. This means that the Court has to set a new date to hear the case. When you have been given a brief of evidence, the Court can choose to hear the case on the first date without either you or the person who charged you having to be at Court. It does not mean that you cannot come to Court. The procedure is only used if you do not come to Court. The Court may also decide not to hear the case without you and may issue a warrant to arrest you. You will be told if this happens. If you are on bail, you must attend Court to answer to bail. How is it used? If you are not at Court the Prosecutor will give the Magistrate a copy of the brief of evidence including statements and exhibits. The Magistrate will consider the evidence and decide if you are not guilty or guilty. If you are found to be guilty the Magistrate will then decide what penalty you will receive. You will be told about this penalty. Has it been done correctly? Sch. 5 -- 50 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 47 The statements that will be given as evidence should be either in the form of an affidavit or contain an acknowledgment signed in the presence of a member of the police force that the statement is true. However, if the statements served on you do not contain these requirements, they are still valid if the copies filed at the Court have an acknowledgment that the statement you received was identical with the one given to the Court. If the statement has been made by a person under the age of 18 years, it must include their age. If the statement has been made by a person who cannot read, it must contain an acknowledgment that it was read to the person before he or she signed it. A brief of evidence must be served at least 14 days before the mention date and can be served on you in a number of ways, for example— by giving it to you personally; or by leaving it for you at your last or most usual place of residence or business with someone who appears to reside or work and who appears to be not less than 16 years of age; or in certain cases, by posting it to you. Remember to read the Charge-sheet and the brief of evidence carefully. _______________ Sch. 5 -- 51 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 48 FORM 11 WARRANT TO ARREST Name of person to be arrested Court Ref. Address M F Postcode Date of Birth Statement of Reasons for this Warrant What is the reason? ! the defendant failed to appear before the Court on in answer to a charge and summons. ! the defendant failed to attend before the Court in accordance with his or her bail. ! the person was served with a witness summons and failed to attend before the Court on in answer to that witness summons. ! Other—give details. The defendant was charged with Who filed the charges? Agency and address WARRANT TO ARREST To all members of the police force or You are authorised to: * break, enter and search, if necessary, any place where the person named or described in this warrant is suspected to be; * arrest the person named or described in this warrant; AND TO bring him or her before a bail justice or the Court as soon as practicable to be dealt with according to law. OR Sch. 5 -- 52 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 49 release him or her on bail in accordance with the endorsement below. The person named in the warrant may be discharged on bail under section 10 of the Bail Act 1977. Issued at Date Issued by [signature] Registrar/Magistrate CERTIFICATE OF BAIL Bail was granted on the following conditions: The person named may be released upon entering an undertaking of bail to appear at the Magistrates' Court at on the following conditions: Magistrate Date _______________ Sch. 5 -- 53 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 50 FORM 12 REMAND WARRANT Name of defendant (or Witness) Court Ref. Address M F Postcode Date of Birth ! The defendant (or witness) has been ! remanded in custody ! returned to the custody of the Secretary to the Department of Human Services ! The proceeding has been adjourned and the defendant is to be brought before the Magistrates' Court at at 10.00 a.m. on ! The defendant has been committed to stand trial. The Charge What is the charge? [brief description] Who filed the charge? Agency and address The charge is filed ! at the Magistrates' Court at ! with the Bail Justice making this order AUTHORITY AND DIRECTIONS To all members of the police force, or all prison officers, or insert [name] You must take and safely convey the person named in this warrant to ! a prison ! a police gaol ! a youth training centre and deliver the person to the officer in charge of that facility. To the Secretary to the Department of Justice, the Chief Commissioner of Police or the Secretary to the Department of Human Services (as the case may be), or any other person into whose custody the person is transferred. Sch. 5 -- 54 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 51 You must receive the person named in this warrant into custody and safely keep that person— (i) for the period specified, or in the circumstances described, in this warrant; or (ii) until that person is otherwise removed or discharged from custody by due course of law. ! The defendant has consented to an adjournment of the proceeding for more than 8 clear days. The defendant has also been granted bail. If the defendant has not been admitted to bail at the end of 8 days the person who has custody of the defendant must bring him or her before the Magistrates' Court at [venue] or to the Melbourne Assessment Prison or to [name of other place] where facilities exist to enable the defendant to appear before the Court by means of audio visual link. ENDORSEMENTS ! The accused did not apply for bail ! I certify that the defendant's application for bail was refused. The reasons for my refusal are: ! I certify that bail was granted and the defendant is to be released from custody when he or she signs an undertaking with the conditions which are endorsed below: ! The accused was legally represented by Signed at on by Magistrate/Bail Justice/Registrar _______________ Sch. 5 -- 55 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 52 FORM 13 WARRANT TO IMPRISON (Except for unpaid fine) WARRANT TO IMPRISON Court Ref. (Except for unpaid fine) Defendant's Name M F Address Date of Birth Where proceeding heard the Magistrates' Court at Who filed the charges? Agency (informant) Imprisonment order summary Date sentence imposed Effective total term Years Months Days Minimum term before becoming eligible for parole Years Months Finding that minimum term inappropriate under s. 11 of the Sentencing Act 1991 ! Yes ! No Time spent in custody Years Months Days Taken into account ! Yes ! No Eligible for pre-release ! Yes ! No Sentences imposed in this case to be— cumulative upon other sentences presently being served ! Yes ! No part concurrent with other sentences presently being served ! Yes ! No Concurrent portion of sentence Years Months Days cumulative on any period owed to the Parole Board ! Yes ! No part concurrent with any period owed to the Parole Board ! Yes ! No Concurrent portion of sentence Years Months Days Authority and directions To all members of the police force, all prison officers or Sch. 5 -- 56 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 53 You are authorised to break, enter and search any place where the person named in this warrant is suspected to be and to take and safely convey the person named in this warrant to— ! a prison ! a prison or police gaol ! a youth training centre and to deliver the person to the officer in charge of the prison, police gaol or youth training centre. To the Commissioner of Correctional Services or the Chief Commissioner of Police (as the case requires) or any other person into whose custody the person named in this warrant is transferred: You are directed and authorised to receive that person into custody and safely keep that person for the period specified, or in the circumstances described in this warrant or until that person is otherwise removed or discharged from custody by due course of law. Issued by Registrar Date (Signature) Magistrate Schedule to Warrant to Imprison Court Ref. Defendant Page Number Codes S Offence is against State law C Offence is against Commonwealth law G Plea of guilty NG Plea of not guilty XP Ex parte hearing, defendant did not appear in court AGG Sentence imposed on this charge is an aggregate sentence under section 4K(4) of the Crimes Act 1914 (Commonwealth) and the aggregate term to be served in relation to all AGG sentences in this case is the period in the ''Imprisonment'' column beside the first AGG sentence BAS The base sentence for the purposes of cumulative and part concurrent sentences in this case CUM A sentence to be served cumulatively upon the base sentence and upon all other cumulative and part concurrent sentences in this case DFR Court directed release under section 20(1)(b) of the Crimes Act 1914 (Commonwealth) after service of the period shown in the column ''Portion of term to be served'' Sch. 5 -- 57 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 54 PCO Sentence to be served part concurrently with other sentences in this case. The non-current balance of the sentence shown in the column ''Portion of term to be served'' PSU The term imposed by the Court was partially suspended under section 27 of the Sentencing Act 1991. The period not suspended is shown in the column ''Portion of term to be served''. Schedule to Warrant to Imprison Case Number Defendant Page Number Code Table Charge Number Date of Offence S C G NG XP Brief descrip- tion of offence Act and Section Imprison- ment (Detention ) Term Portion of term to be served (where app.) Sentence (Period) Code Min. Term C'wlth only There are more pages No Yes — pages Registrar Warrant Execution Details Police Station Warrant executed by me on at am/pm Name Rank and Number _______________ Sch. 5 -- 58 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 55 FORM 14 WARRANT TO IMPRISON (Unpaid Fine(s)) Court Ref. Defendant's Name M F Address Who filed the charges? Agency DETAILS OF THE FINE On the Magistrates' Court at [venue] convicted and fined the defendant. Amount unpaid Charge Total penalty imposed Fine Statutory Costs Costs Default Period 1 2 3 4 5 6 7 8 9 0 Total amount unpaid $ AUTHORITY AND DIRECTIONS To all members of the police force, all prison officers, the Sheriff or You are to demand payment of the amount unpaid from the person named in this warrant. If this amount is paid you must send it immediately to the Principal Registrar. If the amount is not paid Sch. 5 -- 59 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 56 You are authorised to break, enter and search any place where the person named in this warrant is suspected to be and to take and safely convey the person named in this warrant to ! a prison or police gaol ! a youth training centre and to deliver the person to the officer in charge of the prison, police gaol or youth training centre. To the Commissioner of Correctional Services or the Chief Commissioner of Police (as the case requires) or any other person into whose custody the person named in the warrant is transferred: You are directed and authorised to receive that person into custody and safely keep that person for the period specified in the warrant or until otherwise removed or discharged from custody by due course of law. If the amount unpaid is paid you are to release the person named in this warrant and immediately send the amount to the Principal Registrar. If the amount is partly paid you must reduce the term of imprisonment using the formula set out in section 71(1)(b) of the Magistrates' Court Act 1989, amend the execution copy of the warrant, receive the payment and forward it without delay to the Principal Registrar. Issued by Registrar Date (Signature) Magistrate _______________ Sch. 5 -- 60 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 57 FORM 15 SEARCH WARRANT Court Ref. Name and/or description of person or article, thing or material Place where search will be conducted for article, thing or material Number and name of street Suburb Reason for search/Suspected offence This Warrant authorises Name, Rank, No. Agency and Address Or all members of the police force: ! Search for a person to break, enter and search any place where the person named or described in this warrant is suspected to be; and to arrest the person named or described in this warrant. ! Search for any article, thing or material of any kind to break, enter and search any place named or described in this warrant for any article, thing or material of any kind named or described in this warrant; and to bring the article, thing or material before the Court so that the matter may be dealt with according to law; and to arrest any person apparently having possession, custody or control of the article, thing or material. Sch. 5 -- 61 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 58 If person arrested You must also cause the person named or described in the warrant, or apparently having possession, custody or control of any article, thing or material named or described in the warrant, when arrested— ! to be brought before a bail justice or the Court as soon as practicable to be dealt with according to law; or ! to be released on bail in accordance with the endorsement on this warrant. This warrant is authorised by section of the Act Issued at am/pm on by Magistrate _______________ Sch. 5 -- 62 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 59 FORM 16 NOTICE OF COMMITTAL MENTION DATE To the Defendant Warning: This is an important document. If you need help to understand it you should see a solicitor, the Legal Aid Commission or a registrar of the Magistrates' Court. You have been charged with These charges were filed by (Informant) The Court must decide if you should stand trial for these charges. A committal mention date has been fixed for at the Magistrates' Court at [venue]. You must attend Court on that date. Witnesses will not be at Court that day. Copies of statements made by witnesses will be given to the Court as evidence in the case against you. You have the right to request that all or any of the witnesses attend the committal proceeding to be cross-examined by you or your lawyer. You must make the request at least 14 days before the committal mention date by giving written notice to the informant and the registrar at the Magistrates' Court at [venue]. If you give written notice and that notice has not been wholly withdrawn or set aside, the committal proceeding will not be held on the mention date. If you do not make this request, the statements will be considered as evidence by the Magistrate. The Magistrate will also consider anything you have to say and then decide whether or not to send you for trial. If you want to call your own witnesses, you should notify the registrar of the Magistrates' Court how many witnesses you will be calling. Sch. 5 -- 63 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 60 The Magistrate can refuse your request to cross-examine a witness if the Magistrate is satisfied that your request is frivolous, vexatious or oppressive in all the circumstances. If the Magistrate is considering making such an order, you will be told at least 3 days before the day on which the order is proposed to be made. Enclosed are— 1. a list of the persons who have made statements which will be given to the Court at the committal proceeding; 2. copies of those statements; 3. a copy of the charge-sheet; 4. *a copy of each document which will be produced to the Court at the committal proceeding; 5. *a list of things proposed to be tendered as exhibits; and 6. *a photograph of each exhibit which cannot be described in detail in the list. You may inspect the exhibits at a time and place agreed with the informant before the committal proceeding is held. At the Committal Proceeding If you have given notice requiring a witness to attend for cross-examination, that witness must be called to give evidence, unless the Court has set aside your notice. If the witness does not attend when required to do so, his or her statement must not be used as evidence. The Court may adjourn the proceeding or may order the witness to attend or may continue the committal proceeding if satisfied that it would not be unfair to you. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– AFFIDAVIT/DECLARATION OF SERVICE I [full name] of [address] a member of the police force in the State of Victoria *make oath and say/* declare that I served on the defendant a hand-up brief containing this notice and the enclosures referred to in this notice by delivering a true copy to the defendant personally at [address] on [day of week] the day of 20 at * a.m./p.m. *I acknowledge that this declaration is true and correct and I make it in the belief that a person making a false declaration is liable to the penalties of perjury. Sch. 5 -- 64 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 61 *Sworn/Declared at [place] in the State of Victoria on [date] *Before [Name and address in legible writing, typing or stamp below signature] *a person authorised under section 107A(1) of the Evidence Act 1958 to witness the signing of a statutory declaration. *a person authorised under section 123C(1) of the Evidence Act 1958 to take an affidavit. _______________ Sch. 5 -- 65 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 62 FORM 17 ELECTION TO STAND TRIAL WITHOUT A COMMITTAL PROCEEDING BEING CONDUCTED (Section 56 Magistrates' Court Act 1989) The Person who filed the charges [Informant] Defendant of [address] To the Registrar of the Magistrates' Court of Victoria at [venue] and the Informant of [address] Details of the charge(s) filed— TAKE NOTICE that I elect to stand trial for the above-mentioned offences without a committal proceeding being conducted. I understand the consequences of making this election are— (a) that when I appear before the Magistrates' Court I shall be committed for trial; (b) that any statement or documents, copies of which have been served on me by the informant, may be used in evidence upon my trial in all respects as if they were depositions taken and exhibits tendered at a committal proceeding; (c) that on being committed for trial, I shall be either remanded in custody until the trial or granted bail until the trial. Dated at Defendant _______________ Sch. 5 -- 66 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 63 FORM 18 APPLICATION FOR A REHEARING Informant's name Date of birth Agency Licence No. Defendant's name Phone No. Address Postcode THIS APPLICATION WAS FILED BY: *THE DEFENDANT/*THE INFORMANT ON BEHALF OF THE DEFENDANT On the Magistrates' Court at found the defendant guilty of and ordered: The order was made in the absence of the defendant. The reason for the defendant's non-attendance was: The charge was served ! personally ! by post ! other On the defendant will apply to the Magistrates' Court at for an order that the sentencing order be set aside and the charge to be reheard. Signature of Applicant Date APPLICATION FOR STAY OF ORDER (If the Order affected the Driver's Licence) On the defendant will apply to the Magistrates' Court at for an order that the order affecting the driver's licence be stayed and that the licence holder be allowed to drive until the decision of the re-hearing. Signature of Applicant Date NOTES FOR INFORMATION Sch. 5 -- 67 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 64 If the application is made by the defendant 1. You must serve a copy of this notice of intention to apply for re- hearing on the person who charged you. This is done by— (a) delivering a true copy of this application to the informant personally; or (b) leaving a true copy of this application for the informant at his or her most usual place of residence or of business with some person who apparently resides or works there and who apparently is not less than 16 years of age. Once you have served the document you must fill in the ''Proof of Service'' and give it to the Registrar of the Court at the venue where your case was heard. This must be done at least 14 days before the date for the Application for re-hearing. 2. If you are making an application for a stay of order you must serve a copy on the person who charged you a reasonable time before the court date for that application. 3. If you are in custody only because of the order that is the subject of this application, you may apply for bail pending the re-hearing. If the application is made by the informant on behalf of the defendant you must serve a copy of the notice in the same manner as a summons may be served. _______________ Sch. 5 -- 68 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 65 FORM 19 Regulation 904 NOTICE The attached information is provided to notify you of your ability to access information in relation to summary criminal proceedings commenced against you in the Magistrates' Court. In relation to a summary criminal trial you may, at least 14 days before the date listed on the mention date, give notice in writing to the informant (the person who brought the charge) that you require any of the following: – Copies of witness statements. – Written summaries of the substance of evidence likely to be given by persons who have not provided statements but have provided relevant information to the informant. – The names of all witnesses and persons who have provided statements or relevant information or material and also their address if relevant to the defence case (unless the witness or person objects and the informant believes there are reasonable grounds for refusing to provide the address). – Access to exhibits. – Copies of any documents setting out particulars of any prior convictions or findings of guilt, against yourself, and (where relevant to the proceeding), of any person the informant intends to call to give evidence. – The particulars of any medical examination carried out on yourself on behalf of the informant. The informant may refuse to comply with any of the requirements if he or she is of the opinion that compliance would be reasonably likely to— – prejudice the investigation, enforcement or proper administration of the law – prejudice a fair trial or impartial adjudication of a particular case – enable a person to ascertain the identity of a confidential source of information in relation to the enforcement or administration of law – disclose methods or procedures of investigating breaches of the law, the disclosure of which would be reasonably likely to prejudice the effectiveness of those methods or procedures Sch. 5 -- 69 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 66 – endanger the life or physical safety of witnesses or their families, providers of confidential information to the informant or persons connected with law enforcement. The informant must comply with your request or supply you with a written statement of the grounds for refusing to comply at least 7 days before the date listed for the hearing of your case. If the informant refuses to supply the requested information you may make an application to the Court for an order compelling the informant to comply. The time requirements for requesting or receiving information may be varied with leave of the Court. Expert Witnesses You must serve on the informant at least 7 days before the mention date listed on the summons a copy of the statement of any expert witness whom you intend to call to give evidence at the hearing. If you have any queries regarding these provisions please contact the informant in your matter (the person who brought the charge), Legal Aid Victoria or the Registrar at your local courthouse. REGISTRAR _______________ Sch. 5 -- 70 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 67 SCHEDULE 6 PERIN FORMS FORM 1 Regulation 1207(1) PARTICULARS TO BE INCLUDED IN THE DOCUMENT PROVIDED TO THE REGISTRAR PURSUANT TO CLAUSE 4(1)(a) OF SCHEDULE 7 The data records in the document are of a fixed length of 580 characters, or of 588 characters if the optional field 27 is completed. The fields of each set of data are as follows— Field Position Contents Nature Format 1 1–9 Registration Number Alphanumeric X(9) 2 10 State of Issue (Registration) Alphanumeric X(1) 3 11–20 Licence Number Alphanumeric 9(10) 4 21 Licence Type Alphanumeric X(1) 5 22 State of Issue (Licence) Alphanumeric X(1) 6 23–28 Defendant's Date of Birth Numeric 9(6) 7 29–60 Defendant's Surname/ Company Name Alphanumeric X(32) 8 61–92 Defendant's Other Names Alphanumeric X(32) 9 93–124 Defendant's Address Line 1 Alphanumeric X(32) 10 125–156 Defendant's Address Line 2 Alphanumeric X(32) 11 157–188 Defendant's Address Line 3 Alphanumeric X(32) 12 189–220 Defendant's Address Line 4 Alphanumeric X(32) 13 221–252 Defendant's Address Line 5 Alphanumeric X(32) Sch. 6 -- 71 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 68 Field Position Contents Nature Format 14 253–258 Postcode Numeric X(6) 15 259–268 Infringement Number Alphanumeric X(10) 16 269–275 Offence Code Numeric 9(7) 17 276–281 Offence Date Numeric 9(6) 18 282–285 Offence Time Alphanumeric X(4) 19 286–292 Offence—Penalty Numeric 9(5)V99 20 293 Location/Status Alphanumeric X(1) 21 294–343 Offence Place (Suburb) Alphanumeric X(50) 22 344–393 Street of Offence Alphanumeric X(50) 23 394–563 Further Particulars (Offence) Alphanumeric X(170) 24 564–569 Date of Issue— Courtesy Letter Numeric 9(6) 25 570–575 Date of Issue— Certificate Numeric 9(6) 26 576–580 Enforcement Agency Code Alphanumeric X(5) 27 581–588 Infringement Initiation Date Numeric 9(8) EXPLANATORY NOTES Licence type (Field 4) to be alphanumeric code as follows— C—Motor Car B—Motor Cycle. Offence Code (Field 16)—as allocated by the Registrar of the PERIN Court. Offence Time (Field 18)—to be expressed as HHMM using 24 hour clock. If time not known fill with blanks. Offence Penalty (Field 19)—the penalty as prescribed in the relevant infringement notice. Location/Status (Field 20)—to be alphanumeric code, relevant to defendant as follows— Sch. 6 -- 72 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 69 V—Victorian Individual I—Interstate Individual C—Corporation. All dates in fields 6, 17, 24 and 25 shown as 9(6) are to be expressed as YYMMDD. The date in field 27, if completed, is to be shown as YYYYMMDD. Each of fields 7, 9, 15, 16, 17, 19, 20, 21, 24, 25 and 26 are mandatory fields. Inclusion of the field 27 on the data record is not mandatory. DEFINITION OF TERMS USED Within the specification of the data records the following conventions apply— '9(n)' refers to an alphanumeric field of n characters, right aligned, with high order zeros; 'X(n)' refers to an unpacked numeric field of n characters, left aligned, with trailing spaces; '9(n)V99' refers to an unpacked numeric field of n—2 characters, right aligned, with high order zeros, in which the decimal point is implied immediately before the penultimate character. _______________ Sch. 6 -- 73 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 70 FORM 2 Regulation 1207(2) CERTIFICATE FOR REGISTRATION OF INFRINGEMENT PENALTIES I an appropriate officer of the certify that, in respect of each person listed in a document being a *magnetic tape/*magnetic cartridge/*compact disc/*microdisc created on the / / with records supplied under clause 4(1)(a) of Schedule 7 to the Magistrates' Court Act 1989, the penalty indicated in the document is the prescribed penalty and the following requirements and any other prescribed requirements have been satisfied: (a) An infringement notice has been served on the person; (b) A courtesy letter has been served on the person after the end of the time specified in the infringement notice as the time within which the infringement penalty may be paid; (c) A period of at least 28 days has passed since the courtesy letter was served; (d) The infringement penalty and any prescribed costs had not been paid before this certificate was issued; (e) The person has not, under clause 3(6) of Schedule 7 to the Magistrates' Court Act 1989, declined to be dealt with under Part 2 of Schedule 7 to that Act; (f) A charge in relation to the offence has not been filed; (g) A charge may still be filed in relation to the offence, having regard to the time when the offence is alleged to have been committed; (h) If the infringement notice was served under section 87 of the Road Safety Act 1986, the person was at the time of the alleged offence— (i) the owner of the vehicle within the meaning of Part 7 of that Act; or (ii) the person in charge of the vehicle as shown in a sworn statement supplied in accordance with section 86(3)(a) of that Act; (i) If the infringement notice was issued in respect of an offence to which section 66 of the Road Safety Act 1986 applies, the person was at the time of the alleged offence— Sch. 6 -- 74 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 71 (i) the owner of the motor vehicle within the meaning of section 66 of that Act; or (ii) the driver of the motor vehicle as shown in a statement supplied in accordance with section 66(3)(a) of that Act. *delete if not applicable _______________ Sch. 6 -- 75 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 72 FORM 3 Regulation 1207(3) NON REGISTRATION OF AN INFRINGEMENT PENALTY Infringement No. Date Enforcement agency Defendant's name Address To the Registrar of the Magistrates' Court at [venue] The enforcement agency in this matter requests that you not register the infringement penalty identified by this form. Signed on behalf of the enforcement agency by Name Date _______________ Sch. 6 -- 76 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 73 FORM 4 Regulation 1207(4) NOTICE OF ENFORCEMENT ORDER Date of Birth Driver licence No. Registration No. PERIN Case No. Date of Order To [insert defendant details] Infringement notice No. Amount due Date due You have not paid the fine on the infringement notice referred to above. As a result, an enforcement order has been made against you. If the fine is not paid within 28 days after the date of this notice a penalty enforcement warrant will be issued to recover the amounts due. (In the case of a corporation a warrant for seizure of property will be issued.) The issue of a warrant usually means you will have to pay additional costs. WARNING: IF YOU IGNORE THIS NOTICE IT MAY RESULT IN THE SEIZURE AND SALE OF YOUR PROPERTY TO RECOVER THE AMOUNTS DUE, OR YOU BEING IMPRISONED FOR A PERIOD OF ONE DAY IN RESPECT OF EACH $100 OR PART OF $100 OF THE AMOUNT THEN REMAINING UNPAID. NOTE You may apply to the registrar of the PERIN venue of the Magistrates' Court at [venue] for any of the following: (a) An order that the time within which the fine is to be paid be extended; (b) An order that the fine be paid by instalments; (c) Revocation of the enforcement order and the referral of the alleged offence to the Magistrates' Court for hearing and determination. (This application must be in writing accompanied by a sworn statement in writing or by a statutory declaration setting out the grounds on which the revocation is sought.) INFRINGEMENT DETAILS Sch. 6 -- 77 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 74 Enforcement agency Date Penalty Offence Time Court costs Code Agency costs Place Methods of payment (insert details) [reverse] WARNING: IF YOU IGNORE THIS NOTICE IT MAY RESULT IN THE SEIZURE AND SALE OF YOUR PROPERTY TO RECOVER THE AMOUNTS DUE, OR YOU BEING IMPRISONED. If you do not understand this document, you should immediately have it interpreted and explained to you. You may get advice from: A registrar of the Magistrates' Court Your local solicitor Victoria Legal Aid [insert address and telephone number] (Information to this effect to be printed in the English, Arabic, Cambodian, Chinese, Croatian, Greek, Italian, Macedonian, Polish, Serbian, Spanish, Turkish and Vietnamese languages.) _______________ Sch. 6 -- 78 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 75 FORM 5 Regulation 1207(5) WARNING NOTICE A penalty enforcement warrant has been issued against you for the non- payment of a fine. Details of the fine are set out in the attached document. You have 7 days from the date of this demand to pay the fine before the warrant will be executed. Payment should be made to the Sheriff's Office [insert address]. WARNING: IF YOU IGNORE THIS NOTICE IT MAY RESULT IN THE SEIZURE AND SALE OF YOUR PROPERTY TO RECOVER THE AMOUNTS DUE, OR YOU BEING IMPRISONED. NOTE: The seizure and removal of goods by the sheriff usually means that you will have to pay additional costs. If you are unable to pay the full amount within 7 days, you may apply to the registrar of the PERIN venue of the Magistrates' Court at [venue] for— (a) an order that the time within which the fine is to be paid be extended; (b) an order that the fine be paid by instalments; (c) revocation of the enforcement order (unless the warrant has been executed) and the referral of the alleged offence to the Magistrates' Court for hearing and determination. An application under paragraph (c) must be filed with the registrar and be accompanied by a sworn statement in writing or by a statutory declaration setting out the grounds on which the revocation is sought. [reverse] WARNING: IF YOU IGNORE THIS NOTICE IT MAY RESULT IN THE SEIZURE AND SALE OF YOUR PROPERTY TO RECOVER THE AMOUNTS DUE, OR YOU BEING IMPRISONED. If you do not understand this document, you should immediately have it interpreted and explained to you. You may get advice from: Sch. 6 -- 79 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 76 A registrar of the Magistrates' Court Your local solicitor Victoria Legal Aid [insert address and telephone number] (Information to this effect to be printed in the English, Arabic, Cambodian, Chinese, Croatian, Greek, Italian, Macedonian, Polish, Serbian, Spanish, Turkish and Vietnamese languages.) _______________ Sch. 6 -- 80 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 77 FORM 6 Regulation 1207(6) NON REFERRAL OF AN OFFENCE TO COURT Infringement No. Date Enforcement agency Defendant's name Address To the Registrar of the Magistrates' Court at [venue] The enforcement agency in this matter requests that you not refer to the Court the offence in respect of which the infringement penalty identified by this form was issued. Signed on behalf of the enforcement agency by Name Date _______________ Sch. 6 -- 81 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 78 FORM 7 Regulation 1002 PENALTY ENFORCEMENT WARRANT Magistrates' Court Act 1989 Defendant's Name Court Ref. M F Address Date of Birth Driver licence No. State: Registration No. State: Enforcement Agency On an enforcement order was made against the defendant at the PERIN venue of the Magistrates' Court at [venue] in respect of an infringement penalty, pursuant to clause 5 of Schedule 7 of the Magistrates' Court Act 1989. AMOUNT DUE AND PAYABLE Fine: $ Court Costs and Fees [including warrant issue fee(s)]: $ Agency Costs: $ Amount paid to date: $ TOTAL AMOUNT UNPAID: $ Offence Date: Time: Offence details: Place of offence: AUTHORITY AND DIRECTIONS To the Sheriff, all members of the police force, all prison officers, or You are to demand payment of the amount unpaid from the person named in this warrant. If this amount is paid you must send it immediately to the Principal Registrar. Sch. 6 -- 82 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 79 If the amount is not paid: You are authorised to break, enter and search any residential or business property occupied by the person named in the warrant for any personal property of that person; You are further directed and authorised— (i) to seize the personal property of the person named in the warrant; and (ii) if the sum named in the warrant together with all lawful costs of execution are not paid, to sell the personal property seized; If you cannot find sufficient personal property of the person named in the warrant on which to levy the sums named in the warrant together with all lawful costs of execution You are further authorised to break, enter and search any place where the person named in this warrant is suspected to be and to take and safely convey the person named in this warrant to a prison or police gaol and to deliver the person to the officer in charge of the prison, police gaol. To the Secretary to the Department of Justice or the Chief Commissioner of Police (as the case requires) or any other person into whose custody the person named in the warrant is transferred— You are directed and authorised to receive that person into custody and safely keep that person—for the period of one day in respect of each $100 or part of $100 of the amount then remaining unpaid of the sums named in the warrant; or until that person is otherwise removed or discharged from custody by due course of law. If the amount unpaid is paid you are to release the person named in this warrant and immediately send the amount to the Principal Registrar. If the amount is partly paid you must reduce the term of imprisonment using the formula set out in section 82E(1)(b) of the Magistrates' Court Act 1989, amend the execution copy of the warrant, receive the payment and forward it without delay to the Principal Registrar. Issued at by Date Registrar. _______________ Sch. 6 -- 83 of 84 -- S.R. No. 69/2000 Magistrates' Court General Regulations 2000 80 FORM 8 Regulation 1003 STATEMENT SETTING OUT THE EFFECT OF GIVING CONSENT TO THE SEIZURE OR TAKING OF PERSONAL PROPERTY USED PRIMARILY AS A MEANS OF TRANSPORT 1. Penalty enforcement warrant(s) nos has/have been issued against you for non payment of a fine(s). 2. Section 42 of the Supreme Court Act 1986 prohibits the seizure or taking of personal property under the warrant(s) if the property is used primarily as a means of transport (eg. motor vehicle or motor cycle) and if it is worth less than the prescribed limit under the Bankruptcy Act 1966 of the Commonwealth. 3. However, if you are unable to pay the amount outstanding in the warrant(s), you may consent to the seizure or taking of personal property you use primarily as a means of transport despite it being worth less than the prescribed limit under the Bankruptcy Act. 4. If you consent to the seizure or taking of such property, it will be advertised and sold at public auction and the proceeds of sale applied to the penalty enforcement warrant(s) and any lawful costs of execution of the penalty enforcement warrant(s). 5. If the proceeds of sale are insufficient to discharge the warrant(s), a further demand for payment may be made upon you, and if you do not pay, or do not provide additional personal property to satisfy the debt, you may be imprisoned. 6. If the proceeds of sale exceed the amount(s) in the penalty enforcement warrant(s) and the lawful costs of execution, then the remaining amount will be paid to you. 7. If you decide to consent to the seizure or taking of personal property you use primarily as a means of transport, a sheriff's officer will ask you to sign a consent in accordance with section 82F(2) of the Magistrates' Court Act 1989. ═══════════════ Sch. 6 -- 84 of 84 --