Magistrates' Court General (Further Amendment) Regulations 1998

i Magistrates' Court General (Further Amendment) Regulations 1998 S.R. No. 107/1998 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 1 3. Commencement 1 4. Principal Regulations 1 5. Particulars of some warrants to be entered in the computer system of the Court 2 304. Issue of some warrants to seize property 2 305. Issue of some penalty enforcement warrants 2 6. Amendment of regulation 1107—Perin forms 2 7. Substitution of Form 1 in Schedule 5 3 Form 1—Particulars to be included in the document provided to the Registrar pursuant to clause 4(1)(a) of Schedule 7 3 8. Amendment of Schedule 5 5 ═══════════════ NOTES 8 -- 1 of 9 -- 1 STATUTORY RULES 1998 S.R. No. 107/1998 Magistrates' Court Act 1989 Magistrates' Court General (Further Amendment) Regulations 1998 The Governor in Council makes the following Regulations: Dated: 25 August 1998 Responsible Minister: JAN WADE Attorney-General SHARNE BRYAN Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to prescribe particulars a registrar must enter in the computer system used by the Court when issuing some warrants and to make minor amendments in relation to other PERIN forms. 2. Authorising provisions These Regulations are made under section 140 of the Magistrates' Court Act 1989. 3. Commencement These Regulations come into operation on 28 August 1998. 4. Principal Regulations -- 2 of 9 -- S.R. No. 107/1998 Magistrates' Court General (Further Amendment) Regulations 1998 2 In these Regulations, the Magistrates' Court General Regulations 19901 are called the Principal Regulations. 5. Particulars of some warrants to be entered in the computer system of the Court After regulation 303 of the Principal Regulations insert— "304. 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. 305. 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.". 6. Amendment of regulation 1107—Perin forms (1) In regulation 1107(1) of the Principal Regulations for "must be in Form 1 of Schedule 5." substitute "is in the prescribed form if it— (a) is in magnetic tape or magnetic cartridge (type 3480) in an IBM format; and -- 3 of 9 -- S.R. No. 107/1998 Magistrates' Court General (Further Amendment) Regulations 1998 3 (b) contains the prescribed particulars if it contains the particulars set out in Form 1 of Schedule 5.". (2) In regulation 1107(5) of the Principal Regulations, for "8(3)" substitute "8(2)". 7. Substitution of Form 1 in Schedule 5 In Schedule 5 to the Principal Regulations, for Form 1 substitute— "FORM 1 Regulation 1107(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) r. 7 -- 4 of 9 -- S.R. No. 107/1998 Magistrates' Court General (Further Amendment) Regulations 1998 4 Field Position Contents Nature Format 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) 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. r. 7 -- 5 of 9 -- S.R. No. 107/1998 Magistrates' Court General (Further Amendment) Regulations 1998 5 Location/Status (Field 20)—to be alphanumeric code, relevant to defendant as follows— 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.". 8. Amendment of Schedule 5 In Schedule 5 to the Principal Regulations— (a) in Form 4— (i) omit "Imprisonment default"; and (ii) for "THE PERIOD SHOWN ABOVE" substitute "A PERIOD OF ONE DAY IN RESPECT OF EACH $100 OR PART OF $100 OF THE AMOUNT THEN REMAINING UNPAID"; (iii) for "to the registrar of the PERIN Court at [address]" substitute "to the registrar of the PERIN venue of the Magistrates' Court at [venue]"; and r. 8 -- 6 of 9 -- S.R. No. 107/1998 Magistrates' Court General (Further Amendment) Regulations 1998 6 (iv) for "The Legal Aid Commission" substitute "Victoria Legal Aid". (b) in Form 5— (i) for "*penalty enforcement warrant/*warrant to seize property" substitute "penalty enforcement warrant"; (ii) after " 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. " insert— "NOTE: The seizure and removal of goods by the sheriff usually means that you will have to pay additional costs."; (iii) for "to the registrar of the PERIN Court at [address]" substitute "to the registrar of the PERIN venue of the Magistrates' Court at [venue]"; and (iv) for "The Legal Aid Commission" substitute "Victoria Legal Aid"; (c) in Form 7— (i) omit "DETAILS OF THE FINE"; (ii) for "PERIN Court" substitute "PERIN venue of the Magistrates' Court at [venue]"; and (iii) for— " AMOUNT UNPAID r. 8 -- 7 of 9 -- S.R. No. 107/1998 Magistrates' Court General (Further Amendment) Regulations 1998 7 CHARGE TOTAL PENALTY IMPOSED FINE COSTS DEFAULT PERIOD Total amount unpaid $ " substitute— " 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: ". ═══════════════ r. 8 -- 8 of 9 -- S.R. No. 107/1998 Magistrates' Court General (Further Amendment) Regulations 1998 8 NOTES 1 Reg. 4: S.R. No. 170/1990. Reprinted to S.R. No. 35/1997 and subsequently amended by S.R. No. 68/1998. Notes -- 9 of 9 --