4Establishment of the Magistrates' Court

4 Establishment of the Magistrates' Court (1) There shall be a court to be known as the Magistrates' Court of Victoria. S. 4(2) amended by No. 19/2005 s. 4(1). (2) The Court shall consist of the magistrates, the judicial registrars of the court and the registrars of the Court. S. 4(2A) inserted by No. 83/1992 s. 181(a). (2A) The Court has an Industrial Division. S. 4(2B) inserted by No. 83/1992 s. 181(a). (2B) The Industrial Division has such of the powers of the Court as are necessary to enable it to exercise its jurisdiction. (3) The Court shall be constituted by a magistrate except in the case of any proceeding for which provision is made by any Act or the Rules for the Court to be constituted by a registrar. S. 4(3AA) inserted by No. 19/2005 s. 4(2). (3AA) Without limiting subsection (3), the Court may be constituted by a judicial registrar in the case of any proceeding for which provision is made by rules of court for— (a) the Court to be so constituted; and (b) the delegation to judicial registrars of powers of the Court to hear and determine the proceeding. S. 4(3A) inserted by No. 83/1992 s. 181(b), amended by Nos 64/1996 s. 25, 36/2007 s. 3(2). (3A) Despite subsection (3), the Industrial Division shall only be constituted by a magistrate who has been assigned to that Division by an Order made by the Governor in Council. S. 4(3AB) inserted by No. 19/2005 s. 4(3). (3AB) Nothing in subsection (3A) prevents the Industrial Division being constituted by a judicial registrar in accordance with subsection (3AA). S. 4(3B) inserted by No. 83/1992 s. 181(b), amended by No. 35/1996 s. 453(Sch. 1 item 53.1). (3B) Despite anything to the contrary in this Act, a party to a proceeding in the Industrial Division may appear by a person who is not a legal practitioner if that person is authorised in writing by the party to appear for the party. S. 4(3C) inserted by No. 83/1992 s. 181(b). (3C) The Industrial Division must exercise its jurisdiction with the minimum of legal form and technicality. S. 4A inserted by No. 2/2002 s. 10.