103 Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018
The amendment made to section 78 by the Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 does not affect the validity or operation of any Rules made under that section as in force immediately before that amendment.
S. 104 inserted by No. 43/2020 s. 5.
104 Transitional provision—Justice Legislation Amendment (Drug Court and Other Matters) Act 2020
On and after the commencement of section 3 of the Justice Legislation Amendment (Drug Court and Other Matters) Act 2020, section 4AAB as inserted by that section applies to a criminal proceeding regardless of when the offence to which that proceeding relates is alleged to have been committed.
S. 103A inserted by No. 11/2020 s. 28, renumbered as s. 105 by No. 12/2024 s. 63.
105 Transitional provisions—COVID-19 Omnibus (Emergency Measures) Act 2020
On and after the repeal of section 79C, that section continues to apply, despite its repeal, in relation to any issue or proceeding that the court—
(a) has determined to decide or determine under that section entirely on the basis of written submissions and without the appearance of the parties; and
(b) has not yet so decided or determined.
Schedules
First Schedule
Number of Act
Title of Act
Extent of Repeal
5797
Judges (Powers) Act 1954
So much as is not already repealed
6117
County Court Act 1957
The whole
Sch. 2 repealed by No. 11/2002 s. 3(Sch. 1 item 12).
Sch. 3 repealed by No. 8132
s. 4.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The County Court Act 1958 was assented to on 30 September 1958 and came into operation 1 April 1959: Government Gazette 18 March 1959 page 892.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act 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.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the County Court Act 1958 by Acts and subordinate instruments.
County Court Act 1958, No. 6230/1958
| Assent Date: | 30.9.58 |
| Commencement Date: | S. 97(4) inserted on 27.2.13 by No. 5/2013 s. 30: s. 2(1); s. 79D inserted on 25.4.20 by No. 11/2020 s. 27: s. 2 (as amended by No. 27/2020 s. 21) |
| Note: | S. 97(4) repealed s. 97 on 27.2.15: s. 97(4); s. 79D repealed Pt VIIA (ss 79B–79D) on 26.4.21 |
Supreme Court and County Court (Judges) Act 1958, No. 6429/1958
(as amended by No. 6489)
| Assent Date: | 19.12.67 |
| Commencement Date: | Ss 1, 2(3)–(5) on 19.12.67: s. 1(2) (as amended by No. 7725 s. 2(a)); s. 15(1)(2) on 1.12.68: Government Gazette 27.11.68 p. 3854; rest of Act on 1.1.69: Government Gazette 4.12.68 p. 3919 |
County Court (Jurisdiction) Act 1968, No. 7705/1968
| Assent Date: | 15.10.68 |
| Commencement Date: | 1.1.69: Government Gazette 4.12.68 p. 3919 |
Mines (Abolition of Courts) Act 1969, No. 7840/1969
| Assent Date: | 13.5.72 |
| Commencement Date: | Ss 1–10, 12–28, 30–34 on 1.7.72; s. 11 on 1.10.72; s. 29 on 1.12.72: Government Gazette 31.5.72 p. 1922 |
Judges Salaries and Allowances Act 1973, No. 8481/1973
| Assent Date: | 25.8.87 |
| Commencement Date: | 1.12.87: Government Gazette 21.10.87 p. 2777 |
Courts (Amendment) Act 1987, No. 85/1987
| Assent Date: | 1.12.87 |
| Commencement Date: | S. 6 on 1.12.87: s. 2(2); rest of Act on 13.1.88: Government Gazette 13.1.88 p. 35 |
Local Government (Consequential Provisions) Act 1989, No. 12/1989
| Assent Date: | 9.5.89 |
| Commencement Date: | S. 4(1)(Sch. 2 items 18.1–18.3) on 1.11.89: Government Gazette 1.11.89 p. 2798; s. 4(1)(Sch. 2 item 18.4) on 1.10.92: Government Gazette 23.9.92 p. 2789 |
County Court (Amendment) Act 1989, No. 19/1989
| Assent Date: | 16.5.89 |
| Commencement Date: | 1.8.89: Government Gazette 26.7.89 p. 1858 |
| Assent Date: | 14.6.89 |
| Commencement Date: | S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 |
Courts (Amendment) Act 1990, No. 64/1990
| Assent Date: | 20.11.90 |
| Commencement Date: | S. 13 on 1.6.91: Government Gazette 15.5.91 p. 1274 |
Mineral Resources Development Act 1990, No. 92/1990
| Assent Date: | 18.12.90 |
| Commencement Date: | S. 128(Sch. 1 item 3) on 6.11.91: Government Gazette 30.10.91 p. 2970 |
Crimes (Sexual Offences) Act 1991, No. 8/1991
| Assent Date: | 16.4.91 |
| Commencement Date: | S. 19 on 5.8.91: Government Gazette 24.7.91 p. 2026 |
Courts (Case Transfer) Act 1991, No. 43/1991
| Assent Date: | 18.6.91 |
| Commencement Date: | S. 2, Pt 9 (ss 39–41) on 1.8.91; rest of Act on 1.10.91: Government Gazette 17.7.91 p. 1930 |
Financial Management Act 1994, No. 18/1994
| Assent Date: | 10.5.94 |
| Commencement Date: | Pt 1 (ss 1–8), ss 60, 61 on 10.5.94: s. 2(1); rest of Act on 1.7.94: s. 2(2) |
Public Prosecutions Act 1994, No. 43/1994
| Assent Date: | 7.6.94 |
| Commencement Date: | Pt 1 (ss 1–3) on 7.6.94: s. 2(1); rest of Act on 1.7.94: s. 2(3) |
Constitution (Court of Appeal) Act 1994, No. 109/1994
| Assent Date: | 20.12.94 |
| Commencement Date: | Pt 1 (ss 1, 2) on 20.12.94: s. 2(1); rest of Act on 7.6.95: Special Gazette (No. 41) 23.5.95 p. 1 |
Courts (General Amendment) Act 1995, No. 9/1995
| Assent Date: | 26.4.95 |
| Commencement Date: | Ss 8, 11(2) on 27.4.95: Government Gazette 27.4.95 p. 973 |
| Assent Date: | 16.5.95 |
| Commencement Date: | Pt 1 (ss 1–3), s. 29 on 16.5.95: s. 2(1); ss 18, 23 on 18.5.95: Government Gazette 18.5.95 p. 1179; rest of Act on 28.9.95: Government Gazette 28.9.95 p. 2731 |
Legal Practice Act 1996, No. 35/1996
| Assent Date: | 6.11.96 |
| Commencement Date: | S. 453(Sch. 1 items 15.1–15.14) on 1.1.97: s. 2(3) |
Courts and Tribunals (General Amendment) Act 1996, No. 64/1996
| Assent Date: | 17.12.96 |
| Commencement Date: | Pt 5 (ss 13–18) on 17.12.96: s. 2(1) |
Evidence (Audio Visual and Audio Linking) Act 1997, No. 4/1997
| Assent Date: | 22.4.97 |
| Commencement Date: | S. 6 on 22.12.97: Government Gazette 18.12.97 p. 3612 |
State Trustees (Amendment) Act 1998, No. 15/1998
| Assent Date: | 28.4.98 |
| Commencement Date: | S. 8 on 1.8.98: s. 2(3) |
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
| Assent Date: | 26.5.98 |
| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |
| Assent Date: | 3.6.08 |
| Commencement Date: | Ss 43–72, 90 on 17.12.08: Special Gazette (No. 377) 16.12.08 p. 1 |
County Court Amendment (Koori Court) Act 2008, No. 51/2008
| Assent Date: | 23.9.08 |
| Commencement Date: | Ss 4–9 on 18.11.08: Special Gazette (No. 307) 18.11.08 p. 1; s. 10(1)(2) on 1.12.08: s. 2(3); s. 10(4) on 8.12.08: s. 2(5); s. 10(3) on 17.12.08: s. 2(4) |
Courts Legislation Amendment (Costs Court and Other Matters) Act 2008,
No. 78/2008
| Assent Date: | 11.12.08 |
| Commencement Date: | S. 15 on 31.12.09: s. 2(3) |
| Assent Date: | 5.6.18 |
| Commencement Date: | S. 17 on 1.7.18: Special Gazette (No. 305) 26.6.18 p. 1 |
Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018, No. 33/2018
| Assent Date: | 14.8.18 |
| Commencement Date: | Ss 59–62 on 29.3.19: Special Gazette (No. 114) 26.3.19 p. 1 |
Guardianship and Administration Act 2019, No. 13/2019
| Assent Date: | 4.6.19 |
| Commencement Date: | S. 221(Sch. 1 item 10) on 1.3.20: s. 2(2) |
COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020
| Assent Date: | 24.4.20 |
| Commencement Date: | Ss 27, 28 on 25.4.20: s. 2 |
COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020
| Assent Date: | 20.10.20 |
| Commencement Date: | S. 21 on 21.10.20: s. 2 |
Justice Legislation Amendment (Drug Court and Other Matters) Act 2020, No. 43/2020
| Assent Date: | 8.12.20 |
| Commencement Date: | Ss 3–5 on 26.4.21: s. 2(2) |
Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021
| Assent Date: | 23.3.21 |
| Commencement Date: | S. 53 on 26.4.21: s. 2(2) |
Victorian Civil and Administrative Tribunal and Other Acts Amendment (Federal Jurisdiction and Other Matters) Act 2021, No. 31/2021
| Assent Date: | 10.8.21 |
| Commencement Date: | Ss 12–17 on 26.10.21: Special Gazette (No. 596) 26.10.21 p. 1; s. 9 on 29.11.21: Special Gazette (No. 649) 23.11.21 p. 1 |
Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022
| Assent Date: | 15.2.22 |
| Commencement Date: | Ss 36–39 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 1 |
Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023
| Assent Date: | 5.9.23 |
| Commencement Date: | S. 7(Sch. 1 item 5) on 6.9.23: s. 2 |
Private Security and County Court Amendment Act 2024, No. 12/2024
| Assent Date: | 9.4.24 |
| Commencement Date: | Ss 62, 63 on 10.4.24: s. 2(1) |
Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024
| Assent Date: | 10.9.24 |
| Commencement Date: | S. 113(Sch. 1 item 5) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1 |
| Date of Making: | 18.12.73 |
| Date of Commencement: | 1.2.74: reg. 1 |
3 Explanatory details
S. 8(1): Section 46(1) of the Courts and Tribunals (General Amendment) Act 1996, No. 64/1996 reads as follows:
46 County Court Act 1958—transitional provisions
(1) The amendments made by section 13(1) to section 8(1) of the County Court Act 1958 apply only to appointments made after the commencement of section 13(1). ↑
S. 18: Section 17 of the County Court (Amendment) Act 1989, No. 19/1989 reads as follows:
17 Transitional provision
(1) The person who holds office as the registrar of the Court at Melbourne immediately before the commencement of this Act holds office as the registrar under and subject to this Act and the Public Service Act 1974 on and from that commencement without any further appointment.
(2) Each person who holds office as a registrar
of the Court (except the registrar of the Court at Melbourne) immediately before the commencement of this Act holds office as a deputy registrar under and subject to this Act and the Public Service Act 1974 on and from that commencement without any further appointment.
(3) Each person who holds office as an assistant registrar of the Court immediately before the commencement of this Act holds office as a deputy registrar under and subject to this Act and the Public Service Act 1974 on and from that commencement without any further appointment.
(4) Unless the context otherwise requires, any reference in this or any other Act or in any subordinate instrument or in any document or writing of any kind whatsoever to the registrar of the County Court is to be taken to refer to the registrar or any deputy registrar of the Court. ↑
S. 47B: Section 46(2) of the Courts and Tribunals (General Amendment) Act 1996, No. 64/1996 reads as follows:
(2) The amendments made by section 15 to the County Court Act 1958 apply only to proceedings commenced after the commencement of that section. ↑
S. 48(1): Section 46(3) of the Courts and Tribunals (General Amendment) Act 1996, No. 64/1996 reads as follows:
(3) The amendment made by section 16 to section 48(1) of the County Court Act 1958 applies only to proceedings commenced after the commencement of section 16. ↑
S. 70: Section 46(4) of the Courts and Tribunals (General Amendment) Act 1996, No. 64/1996 reads as follows:
(4) The amendments made by section 17 to
section 70 of the County Court Act 1958 apply to proceedings, whether commenced before or after the commencement of section 17. ↑
S. 74: Sections 29 and 30 of the Constitution (Court of Appeal) Act 1994, No. 109/1994 read as follows:
29 Proceedings before Full Court
(1) The Constitution Act 1975, the Supreme Court Act 1986 and the Crimes Act 1958 and any other Act amended by this Act as respectively in force immediately before the commencement of this section continue to apply, despite the enactment of this Act, to a proceeding the hearing of which by the Full Court of the Supreme Court commenced before the commencement of this section.
(2) If the Court of Appeal so orders, anything required to be done by the Supreme Court in relation to or as a consequence of a proceeding after the Full Court has delivered judgment in that proceeding, may be done by the Court of Appeal.
30 References to Full Court
A reference in an Act or an instrument made under an Act or in any other document to the Full Court of the Supreme Court or to the Supreme Court sitting as the Full Court is to be taken to include a reference to the Court of Appeal. ↑
S. 78(1)(hf): Section 12 of the Evidence (Audio Visual and Audio Linking) Act 1997, No. 4/1997 reads as follows:
12 Transitional provisions
(1) An amendment made by a provision of this Act to the Evidence Act 1958, the Supreme Court Act 1986, the County Court Act 1958, the Magistrates' Court Act 1989 or the Children and Young Persons Act 1989 applies to a proceeding that is commenced to be heard on or after the twenty-first day after the commencement of that amendment, irrespective of when the proceeding was commenced or when any offence to which the proceeding relates is alleged to have been committed.
(2) For the purposes of subsection (1) in its application to criminal proceedings—
(a) a trial is commenced to be heard on arraignment of the accused person; and
(b) a hearing of a charge for an offence is commenced to be heard on the taking of a formal plea from the accused person. ↑