{"id":"sr:magistrates-court-general-regulations-2024","name":"Magistrates' Court General Regulations 2024","slug":"magistrates-court-general-regulations-2024","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181377,"registerId":"vic-sr:magistrates-court-general-regulations-2024-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Magistrates' Court General Regulations 2024","content":"Version No. 002\n\n**Magistrates' Court General Regulations 2024**\n\n**S.R. No. 74/2024**\n\nVersion incorporating amendments as at  \n10 November 2025\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objectives 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocations 1\n\n5 Appointment of magistrates 2\n\n6 Oath or affirmation of office—judicial registrars 2\n\n7 Warrants 2\n\n8 Warrant to seize property 3\n\n9 Remand of more than 8 clear days 3\n\nSchedule 1—Oath or affirmation of office for magistrate 4\n\nSchedule 2—Oath or affirmation of office for judicial registrar 5\n\nSchedule 3—Prescribed venues of the Court for the purposes of section 82 of the Magistrates' Court Act 1989 6\n\n═════════════\n\nEndnotes 7\n\n1 General information 7\n\n2 Table of Amendments 9\n\n3 Explanatory details 10\n\n**Version No.** **002**\n\n**Magistrates' Court General Regulations 2024**\n\n**S.R. No. 74/2024**\n\nVersion incorporating amendments as at  \n10 November 2025\n\n\t1 Objectives\n\nThe objectives of these Regulations are to prescribe—\n\n(a) oaths and affirmations of office for magistrates and judicial registrars; and\n\n(b) other matters required or necessary to be prescribed to give effect to the **Magistrates' Court Act** **1989**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 140 of the **Magistrates' Court Act 1989**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 25 August 2024.\n\n\t4 Revocations\n\nThe following Regulations are **revoked**—\n\n(a) the Magistrates' Court General Regulations 2014[[1]](#endnote-1);\n\n(b) the Magistrates' Court General Amendment (Judicial Registrar Oath and Affirmation of Office) Regulations 2014[[2]](#endnote-2);\n\n(c) the Magistrates' Court General Amendment Regulations 2016[[3]](#endnote-3);\n\n(d) the Magistrates' Court General Amendment Regulations 2018[[4]](#endnote-4);\n\n(e) the Magistrates' Court General Amendment Regulations 2019[[5]](#endnote-5).\n\n\t5 Appointment of magistrates\n\nFor the purposes of section 7(5) of the **Magistrates' Court Act** **1989**, the prescribed form is set out in Schedule 1.\n\n\t6 Oath or affirmation of office—judicial registrars\n\nFor the purposes of section 16DB(1) of the **Magistrates' Court Act** **1989**—\n\n(a) the prescribed form is set out in Schedule 2; and\n\n(b) the prescribed manner is that the oath or affirmation of office must be administered by the Chief Magistrate or a Deputy Chief Magistrate.\n\n\t7 Warrants\n\n(1) For the purposes of section 57(1A) of the **Magistrates' Court Act** **1989**, the following particulars are prescribed in the case of a warrant to arrest—\n\n(a) the name, address (if known) and, to the extent specified by the person issuing the warrant, any other details of the person to be arrested;\n\n(b) the reasons for issuing the warrant, including any relevant charges;\n\n(c) whether the warrant is directed to a named police officer or generally to all police officers or to any other person authorised by law to execute the warrant;\n\n(d) the powers granted to the person empowered to execute the warrant;\n\n(e) the legislative provision under which the warrant is issued;\n\n(f) if the warrant is endorsed for bail, the conditions (if any) that are to be imposed on the granting of bail;\n\n(g) the date and location of the issue of the warrant;\n\n(h) the name and office of the person issuing the warrant.\n\n(2) For the purposes of section 57(2) of the **Magistrates' Court Act** **1989**, the following particulars are prescribed—\n\n(a) the type of warrant issued;\n\n(b) the date of issue of the warrant;\n\n(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;\n\n(d) in the case of a warrant to arrest, a warrant to imprison or a warrant to seize property, the person named in the warrant as the person who is to execute the warrant.\n\n\t8 Warrant to seize property\n\nFor the purposes of section 73(3AA)(f) of the **Magistrates' Court Act** **1989**, the following particulars are prescribed—\n\n(a) the direction of the warrant to the sheriff;\n\n(b) the fee payable for the issue of the warrant.\n\n\t9 Remand of more than 8 clear days\n\nFor the purposes of section 82(3)(b) of the **Magistrates' Court Act** **1989**, the venues of the Court set out in Schedule 3 are prescribed.\n\nSchedule 1—Oath or affirmation of office for magistrate\n\nRegulation 5\n\nOath of Office Of Magistrate\n\nI, [*full name*], swear by Almighty God [*or the person may name a god recognised by the person's religion*] that as a magistrate for Victoria I will at all times and in all things do equal justice to all persons and discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour or affection.\n\nAffirmation of Office of Magistrate\n\nI, [*full name*], solemnly and sincerely declare and affirm that as a magistrate for Victoria I will at all times and in all things do equal justice to all persons and discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour or affection.\n\nSchedule 2—Oath or affirmation of office for judicial registrar\n\nRegulation 6\n\nOATH OF OFFICE OF JUDICIAL REGISTRAR\n\nI, [*full name*], swear by Almighty God [*or the person may name a god recognised by the person's religion*] that, as a judicial registrar of the Magistrates' Court of Victoria, I will at all times and in all things discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour, affection or ill-will.\n\nAFFIRMATION OF OFFICE OF JUDICIAL REGISTRAR\n\nI, [*full name*], solemnly and sincerely declare and affirm that, as a judicial registrar of the Magistrates' Court of Victoria, I will at all times and in all things discharge the duties of my office according to law and to the best of my knowledge and ability without fear, favour, affection or ill-will.\n\nSch. 3 amended by S.R. No 111/2025 reg. 4.\n\nSchedule 3—Prescribed venues of the Court for the purposes of section 82 of the Magistrates' Court Act 1989\n\nRegulation 9\n\n| 1. Ararat<br>2. Bacchus Marsh<br>3. Bairnsdale<br>4. Ballarat<br>5. Benalla<br>6. Bendigo<br>7. Broadmeadows<br>8. Castlemaine<br>9. Cobram<br>10. Colac<br>11. Corryong<br>12. Dandenong<br>13. Dromana<br>14. Drug Court (Ballarat)<br>15. Drug Court (Dandenong)<br>16. Drug Court (Melbourne)<br>17. Drug Court (Shepparton)<br>18. Echuca<br>19. Edenhope | 20. Frankston<br>21. Geelong<br>22. Hamilton<br>23. Heidelberg<br>24. Hopetoun<br>25. Horsham<br>26. Kerang<br>27. Korumburra<br>28. Kyneton<br>29. Latrobe Valley<br>30. Mansfield<br>31. Maryborough<br>32. Melbourne<br>33. Mildura<br>34. Moorabbin Justice Centre (Highett)<br>35. Myrtleford<br>36. Neighbourhood Justice Centre (Collingwood)<br>37. Nhill<br>38. Omeo<br>39. Orbost | 40. Ouyen<br>41. Portland<br>42. Ringwood<br>43. Robinvale<br>44. Sale<br>45. Seymour<br>46. Shepparton<br>47. St Arnaud<br>48. Stawell<br>49. Sunshine<br>50. Swan Hill<br>51. Wangaratta<br>52. Warrnambool<br>53. Werribee<br>54. Wodonga<br>55. Wonthaggi<br>56. Wyndham Law Courts (Werribee) |\n| --- | --- | --- |\n\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Magistrates' Court General Regulations 2024, S.R. No. 74/2024 were made on 13 August 2024 by the Governor in Council under section 140 of the **Magistrates' Court Act 1989**, No. 51/1989 and came into operation on 25 August 2024: regulation 3.\n\nThe Magistrates' Court General Regulations 2024 will sunset 10 years after the day of making on 13 August 2034 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Magistrates' Court General Regulations 2024 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nMagistrates' Court General Amendment Regulations 2025, S.R. No. 111/2025\n\n| *Date of Making:* | 21.10.25 |\n| --- | --- |\n| *Date of Commencement:* | 10.11.25: reg. 3 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Reg. 4(a): S.R. No. 112/2014 as amended by S.R. Nos 158/2014, 73/2016, 151/2018 and 87/2019. [↑](#endnote-ref-1)\n\n2. Reg. 4(b): S.R. No. 158/2014. [↑](#endnote-ref-2)\n\n3. Reg. 4(c): S.R. No. 73/2016. [↑](#endnote-ref-3)\n\n4. Reg. 4(d): S.R. No. 151/2018. [↑](#endnote-ref-4)\n\n5. Reg. 4(e): S.R. No. 87/2019. [↑](#endnote-ref-5)","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument is largely administrative and stays within the original, narrow purpose identified in its objectives: prescribing oaths/affirmations and other matters to give effect to the Magistrates' Court Act 1989 (regulation 1). The 2025 amendment updated the list of prescribed venues (Schedule 3) but did not materially expand substantive powers or introduce new regulatory domains. The changes consolidate and update procedural details rather than growing the legislation beyond its original administrative scope."},"complexity_factors":["9 substantive regulations (regulations 1–9) and 3 schedules (oaths/forms and a venue list)","Clear, short prescriptive text with minimal conditional logic","Multiple cross‑references to the Magistrates' Court Act 1989 (ss 7(5), 16DB(1), 57(1A), 57(2), 73(3AA)(f), 82(3)(b), and s140) but those are simple citations rather than complex delegations","Schedules contain fixed text (oaths) and a 56-item venue list (Schedule 3), the latter amended by S.R. No. 111/2025","Revocation clause listing five prior statutory rules (regulation 4)","Endnote noting a 10‑year sunset (administrative detail)","One area of potential operational ambiguity (fee for warrant to seize property is required to be recorded but amount/payer not specified)"],"plain_english_summary":"**What these Regulations do (plain terms)**\n\n- These Regulations set out small but mandatory administrative details that make parts of the Magistrates' Court Act 1989 workable in practice. (See regulation 1 for the Regulations' stated objectives.)\n\n- They prescribe the exact wording of oaths and affirmations for magistrates and for judicial registrars (Schedules 1 and 2). For judicial registrars, they also require the oath/affirmation to be administered by the Chief Magistrate or a Deputy Chief Magistrate (regulation 6).  \n\n- They prescribe what information must appear on warrants (especially arrest warrants) and what particulars must be recorded about warrants generally (regulation 7). This includes things like the name and address of the person to be arrested (if known), reasons/charges, who is authorised to execute the warrant, the powers conferred, the statutory basis for the warrant, bail endorsements and the issuing officer’s name and office (regulation 7(1)). Regulation 7(2) sets out the particulars that must be recorded for different types of warrants (arrest, seizure, imprisonment for non‑payment of fines, etc.).\n\n- For warrants to seize property, the Regulations direct the warrant to the sheriff and require that the fee payable for issuing that warrant be recorded (regulation 8). The Regulations do not themselves fix the dollar amount of the fee; they prescribe that the fee is a required particular.\n\n- They prescribe which Magistrates’ Court venues may be used when a person is remanded for more than eight clear days (regulation 9 and Schedule 3). Schedule 3 lists 56 named venues (including Melbourne and many regional centres). Schedule 3 was later amended (see endnotes / S.R. No. 111/2025).\n\n- The Regulations repeal earlier Magistrates’ Court General Regulations and related amendment regulations from 2014–2019 (regulation 4), specify their commencement date (25 August 2024; regulation 3) and are made under section 140 of the Magistrates' Court Act 1989 (regulation 2). The endnotes record that the instrument will sunset after 10 years under the Subordinate Legislation Act.\n\n\nWhy this matters (mechanically, not politically)\n\n- Certainty and uniformity: by fixing the exact wording of judicial oaths and the mandatory particulars to go on warrants, the Regulations reduce variation in practice across court locations (Schedules 1–2; regulation 7). That makes records, forms and training more standardised.\n\n- Operational impact on courts and enforcement agencies: police, registrars, sheriffs and court staff must ensure warrants and other documents include the prescribed particulars (regulations 7–8). Courts must use the prescribed venues where a remand longer than eight clear days is involved (regulation 9, Schedule 3). Those are operational obligations, not new criminal offences or new substantive powers.\n\n- Administrative costs and responsibilities: the principal costs are administrative—updating forms, training staff, and ensuring warrants record the listed particulars. There is a specific administrative charge associated with warrants to seize property (regulation 8(b)), but the Regulations do not itself state who pays that fee or the amount—this detail will sit in other instruments or internal procedures. That creates a minor risk of uncertainty until agencies clarify who bears the fee.\n\n\nWho is affected\n\n- Magistrates and judicial registrars: must take the prescribed oath or affirmation in the prescribed form and (for registrars) in the prescribed manner (Schedules 1 and 2; regulation 6).\n\n- Police and anyone who executes warrants: must ensure warrants contain the prescribed particulars and follow the directions in the warrant (regulation 7).\n\n- Sheriffs: warrants to seize property are directed to the sheriff and must state any fee payable for issuing the warrant (regulation 8).\n\n- Persons arrested or remanded: the Regulations affect where and how remand beyond eight clear days may occur (regulation 9 and Schedule 3), which can influence where a defendant is held and which court registry handles the matter.\n\n- Court administration: updating forms, recording particulars, and maintaining consistency across venues.\n\n\nTesting the stated purpose against costs, incentives and risks\n\n- Purpose claim: the Regulations describe themselves as prescribing oaths/affirmations and other matters necessary to give effect to the Magistrates' Court Act 1989 (regulation 1). The measures are largely administrative—prescribing form and content—so they align with that purpose.\n\n- Costs and incentives: costs are primarily borne by public agencies (court registries, police, sheriff) in the form of one‑off form and training changes and ongoing record‑keeping. There may be a small transaction cost for applicants or litigants if fees for warrants to seize property are passed through; the Regulations themselves do not fix who pays or how much (regulation 8). That ambiguity may require departmental guidance.\n\n- Trade‑offs and opportunity cost: standardisation reduces variation and search costs (benefit) but requires updating existing local practices and forms (cost). Prescribing venues for extended remand centralises where longer remands happen; that can improve administrative predictability but may increase travel or logistics costs for particular defendants, witnesses or legal practitioners.\n\n- Implementation risk/compliance burden: low to moderate. The requirements are straightforward, but agencies must ensure consistent compliance (training and form changes). The only substantive operational point that could cause short‑term friction is the fee for seizure warrants (regulation 8)—until administrative arrangements are clarified, there is scope for confusion about who is charged.\n\n\nEffects on private enterprise, competition and individual choice\n\n- Direct effects on private businesses are minimal. The Regulations are procedural and affect court and law‑enforcement processes rather than commercial rules.\n\n- Indirect effects: legal practitioners, transport providers and others involved in attending specified venues for remands may face modest changes in demand or travel patterns if Schedule 3's venue list differs from prior arrangements. No change to market entry, prices or contract freedom is created by the Regulations themselves.\n\n\nNet practical takeaway\n\n- This is an administrative, form‑driven Statutory Rule that standardises oaths, warrants particulars, the sheriff’s role in seizure warrants (and the need to record a fee), and the list of venues for remands beyond eight clear days. It imposes modest administrative obligations on courts, police and sheriffs and has limited direct effect on private enterprise. The main implementation items are updating forms and clarifying the administrative handling of the seizure‑warrant fee (regulation 8).\n"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of prescribing administrative formalities for the Magistrates' Court. It replaces previous regulations but does not expand beyond the traditional scope of court procedure regulations."},"complexity_factors":["Only 9 substantive regulations plus 3 schedules","No nested definitions or interpretation section","Minimal cross-referencing (only references to specific sections of the parent Magistrates' Court Act 1989)","Straightforward prescriptive structure ('the prescribed form is set out in Schedule X')","No conditional logic, exceptions, or discretionary powers beyond the basic administrative prescriptions","Schedules consist of simple template text and a list of 56 court venues"],"plain_english_summary":"These regulations set out the administrative details for how Victoria's Magistrates' Court operates. They cover three main things: **the formal promises** (oaths and affirmations) that magistrates and judicial registrars must make when they start their jobs; **the specific information** that must appear on arrest warrants and other court orders; and **which court locations** can hold hearings when someone is remanded in custody for more than 8 days. The regulations also revoke (cancel) five older sets of regulations from 2014–2019, replacing them with this single updated version. Essentially, this is the 'housekeeping' rulebook that ensures court officials are properly sworn in and that court paperwork contains the right details."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available text, there is insufficient information to determine whether the scope changed from the original intent. The regulations appear to consolidate or replace prior Magistrates' Court general regulations, which is consistent with a routine regulatory update rather than a scope expansion."},"complexity_factors":["Insufficient legislative text provided to assess full complexity — only metadata is visible","Regulations of this type typically involve numerous procedural rules that interact with the parent Act","Court procedural rules can involve technical legal terminology around filing, service, and jurisdiction","Consolidated versioning suggests the regulations may have been amended, adding layers of interpretation","Limited to Magistrates' Court jurisdiction which is relatively straightforward compared to higher courts"],"plain_english_summary":"This statutory instrument sets practical rules for how Victoria’s Magistrates’ Court operates day-to-day, affecting defendants, plaintiffs, witnesses, lawyers, self‑represented litigants and court staff. It matters because the Magistrates’ Court handles most criminal and civil matters (including minor crimes, traffic offences and disputes up to $100,000), so these regulations govern filing, procedures and court administration. \n\nNote: the substantive regulatory text isn’t provided here."}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-court-general-regulations-2024","history":"/api/acts/magistrates-court-general-regulations-2024/history","analysis":"/api/acts/magistrates-court-general-regulations-2024/analysis","conflicts":"/api/acts/magistrates-court-general-regulations-2024/conflicts","importantCases":"/api/acts/magistrates-court-general-regulations-2024/important-cases","documents":"/api/acts/magistrates-court-general-regulations-2024/documents"}}