57 Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018
(1) The amendments to sections 57, 58 and 59 made by the Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 do not affect the validity of any warrant issued in accordance with section 57 as in force immediately before its amendment or any action taken under such a warrant.
(2) The amendments to sections 16, 57, 58 and 59 made by the Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 do not affect the validity or operation of any rules of court made under any of those sections as in force immediately before those amendments.
Sch. 8 cl. 58 inserted by No. 39/2019 s. 15.
58 Validation of certain actions by protective services officers
(1) The execution by a protective services officer on or after 28 November 2011 and before 1 July 2014 of a warrant to arrest directed to generally all members of the police force is as valid as it would have been had section 63 authorised the execution of such a warrant at the time of execution.
(2) The execution by a protective services officer on or after 1 July 2014 and before the commencement day of a warrant to arrest directed to generally all police officers is as valid as it would have been had the amendments to section 63 made by the amending Act been in operation at the time of execution.
(3) In this clause—
amending Act means the Police Legislation Amendment (Road Safety Camera Commissioner and Other Matters) Act 2019;
commencement day means the day on which Part 4 of the amending Act came into operation.
Sch. 8 cl. 59 inserted by No. 1/2022 s. 24.
59 Transitional—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022
(1) An appeal from a final order of the Court in a proceeding in which the Court was constituted by the Chief Magistrate who, at the time the proceeding commenced was a dual commission holder as a judge of the County Court and who, at the time at which the final order was made was a dual commission holder as a Judge of the Supreme Court, is to be made to the Court of Appeal.
(2) For the avoidance of doubt, an appeal from a final order of the Court in a proceeding in which the Court was constituted by the Chief Magistrate who, at the time the final order was made was a dual commission holder as a judge of the County Court and who, on or after the commencement day is a dual commission holder as a Judge of the Supreme Court, is to be made to the Trial Division of the Supreme Court.
Section 57 - Magistrates' Court Act 1989 - Transitional and savings provisions—Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018 | Zoe
(3) In this clause, commencement day means the day on which Part 3 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 comes into operation.
The amendment made to section 25(1)(c)(ii) by the Justice Legislation Amendment (Committals) Act 2025 applies only to a committal proceeding commenced on or after the commencement of that amendment.
(1) The amendments made by Subdivision 2 of Division 3 of Part 4 of the Justice Legislation Amendment (Community Safety) Act 2025 apply only in relation to an offence alleged to have been committed on or after the commencement of that Subdivision.
(2) For the purposes of subclause (1), if an offence is alleged to have been committed between 2 dates, one before and one on or after the commencement of Subdivision 2 of Division 3 of Part 4 of the Justice Legislation Amendment (Community Safety) Act 2025, the offence is alleged to have been committed before that commencement.
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.
Minister's second reading speech—
Legislative Assembly: 23 March 1989
Legislative Council: 26 May 1989
The long title for the Bill for this Act was "A Bill to establish the Magistrates' Court of Victoria, to provide for the constitution, jurisdiction and proceedings of that Court, to repeal the Magistrates' Courts Act 1971 and the Magistrates (Summary Proceedings) Act 1975, to amend the Bail Act 1977, the Crimes Act 1958, the Evidence Act 1958, the Interpretation of Legislation Act 1984 and certain other Acts and for other purposes.".
The Magistrates' Court Act 1989 was assented to on 14 June 1989 and came into operation as follows:
Section 16(4) on 15 June 1989: Special Gazette (No. 32) 15 June 1989 page 1; sections 16(5), 52, 141(3)(a)–(f) on 1 September 1989: Government Gazette 30 August 1989 page 2210; rest of Act on 1 September 1990: Government Gazette 25 July 1990 page 2216.
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 Magistrates' Court Act 1989 by Acts and subordinate instruments.
| Commencement Date: | 28.6.89: Government Gazette 28.6.89 p. 1558 |
Magistrates' Court Act 1989, No. 51/1989
| Commencement Date: | Sch. 8 cl. 51 inserted on 27.2.13 by No. 5/2013 s. 40: s. 2(1); s. 154 inserted on 25.4.20 by No. 11/2020 s. 38: s. 2 (as amended by No. 27/2020 s. 14); s. 140A(4) inserted on 29.3.22 by No. 1/2022 s. 22: Special Gazette (No. 157) 29.3.22 p. 1 |
| Note: | Sch. 8 cl. 51(4) repealed Sch. 8 cl. 51 on 27.2.15; s. 154 repealed Pt 9 (ss 151–154) on 26.4.21; s. 140A(4) repealed s. 140A on 29.3.24 |
Second-Hand Dealers and Pawnbrokers Act 1989, No. 54/1989 (as amended by No. 34/1990)
| Commencement Date: | S. 35(5) on 10.9.90: Government Gazette 5.9.90 p. 2680 |
Children and Young Persons Act 1989, No. 56/1989 (as amended by No. 93/1990)
| Commencement Date: | S. 286(Sch. 2 items 11.1, 11.2) on 23.9.91: Government Gazette 28.8.91 p. 2368 |
Road Safety (Amendment) Act 1990, No. 5/1990
| Assent Date: | 3.4.90 |
| Commencement Date: | S. 20(4)(a)(b) on 8.5.90: Special Gazette (No. 20) 8.5.90 p. 1 |
Occupational Health and Safety (Miscellaneous Amendment) Act 1990, No. 11/1990 (as amended by No. 34/1990)
| Assent Date: | 24.4.90 |
| Commencement Date: | 1.9.90: Government Gazette 15.8.90 p. 2473 |
Courts (Children's and Magistrates') Act 1990, No. 34/1990
| Assent Date: | 13.6.90 |
| Commencement Date: | S. 4(Sch. 3 items 1–25) on 1.9.90: Government Gazette 25.7.90 p. 2216 |
| Assent Date: | 28.9.90 |
| Commencement Date: | Ss 1, 2, 5 on 28.9.90: s. 2(1); ss 3, 4 on 1.9.90: s. 2(2) |
Courts (Amendment) Act 1990, No. 64/1990
| Assent Date: | 20.11.90 |
| Commencement Date: | Ss 16, 20(Sch. items 4.1–4.5) on 1.1.91: Government Gazette 19.12.90 p. 3750 |
Crimes (Sexual Offences) Act 1991, No. 8/1991
| Assent Date: | 16.4.91 |
| Commencement Date: | Ss 12–14, 16(1)(a)(c)(e)(f)(2) on 5.8.91: Government Gazette 24.7.91 p. 2026; ss 15, 16(1)(b)(d) on 20.12.94: Government Gazette 15.12.94 p. 3308 |
| Assent Date: | 31.5.94 |
| Commencement Date: | Ss 1, 2 on 31.5.94: s. 2(1); s. 27(5) on 14.12.93: s. 2(2); ss 3–27(4), 28 on 24.10.94: Government Gazette 20.10.94 p. 2789 |
Public Prosecutions Act 1994, No. 43/1994
| Assent Date: | 7.6.94 |
| Commencement Date: | Ss 1–3 on 7.6.94: s. 2(1); rest of Act on 1.7.94: s. 2(3) |
Valuation of Land (Amendment) Act 1994, No. 91/1994
| Assent Date: | 6.12.94 |
| Commencement Date: | S. 36(7) on 1.1.95: s. 2(2) |
Prostitution Control Act 1994, No. 102/1994
| Assent Date: | 13.12.94 |
| Commencement Date: | Ss 1, 2 on 13.12.94: s. 2(1); rest of Act on 13.6.95: 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 10, 11(3) on 27.4.95: Government Gazette 27.4.95 p. 973 |
| Assent Date: | 16.5.95 |
| Commencement Date: | S. 27 on 28.9.95: Government Gazette 28.9.95 p. 2731 |
Equal Opportunity Act 1995, No. 42/1995
| Assent Date: | 14.6.95 |
| Commencement Date: | S. 224 on 5.10.95: Government Gazette 28.9.95 p. 2731; Sch. 2 item 24 on 1.1.96: Government Gazette 21.12.95 p. 3571 |
Infertility Treatment Act 1995, No. 63/1995
| Assent Date: | 27.6.95 |
| Commencement Date: | S. 169 on 1.1.98: s. 2(4) |
Heritage Act 1995, No. 93/1995
| Assent Date: | 5.12.95 |
| Commencement Date: | S. 218(1)(Sch. 2 item 4) on 23.5.96: Government Gazette 23.5.96 p. 1248 |
Miscellaneous Acts (Health and Justice) Amendment Act 1995, No. 99/1995 (as amended by No. 73/1996)
| Assent Date: | 26.3.02 |
| Commencement Date: | S. 10 on 2.5.02: Government Gazette 2.5.02 p. 789; s. 11 on 17.2.03: Government Gazette 6.2.03 p. 190 |
| Assent Date: | 6.11.13 |
| Commencement Date: | Ss 40–48, 74–79 on 1.2.14: s. 2(2) |
Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013
| Assent Date: | 12.11.13 |
| Commencement Date: | S. 649(Sch. 9 item 24) on 1.7.14: s. 2(1) |
Courts and Other Justice Legislation Amendment Act 2013, No. 68/2013
| Assent Date: | 19.11.13 |
| Commencement Date: | S. 8 on 1.8.13: s. 2(2); ss 4–7 on 1.2.14: Special Gazette (No. 17) 28.1.14 p. 1 |
Statute Law Revision Act 2013, No. 70/2013
| Assent Date: | 19.11.13 |
| Commencement Date: | S. 3(Sch. 1 item 27) on 1.12.13: s. 2(1) |
Court Services Victoria Act 2014, No. 1/2014
| Assent Date: | 11.2.14 |
| Commencement Date: | Ss 72, 73 on 1.7.14: s. 2(2) |
Legal Profession Uniform Law Application Act 2014, No. 17/2014
| Assent Date: | 25.3.14 |
| Commencement Date: | S. 160(Sch. 2 item 59) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |
Justice Legislation Amendment (Discovery, Disclosure and Other Matters) Act 2014, No. 25/2014
| Assent Date: | 8.4.14 |
| Commencement Date: | S. 11 on 12.5.14: Special Gazette (No. 136) 29.4.14 p. 1 |
Mental Health Act 2014, No. 26/2014
| Assent Date: | 8.4.14 |
| Commencement Date: | S. 455(Sch. item 20) on 1.7.14: s. 2(1) |
Honorary Justices Act 2014, No. 32/2014
| Assent Date: | 13.5.14 |
| Commencement Date: | S. 55 on 1.9.14: s. 2(2) |
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
| Assent Date: | 3.6.14 |
| Commencement Date: | S. 10(Sch. item 101) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |
Vexatious Proceedings Act 2014, No. 42/2014
| Assent Date: | 17.6.14 |
| Commencement Date: | Ss 105–107 on 31.10.14: s. 2(2) |
Fines Reform Act 2014, No. 47/2014 (as amended by No. 59/2017)
| Assent Date: | 1.7.14 |
| Commencement Date: | Ss 268–276, 280, 281 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1; ss 277–279 never proclaimed, repealed by No. 59/2017 s. 105 |
| Assent Date: | 16.6.15 |
| Commencement Date: | S. 44 on 17.6.15: s. 2(3) |
Statute Law Revision Act 2015, No. 21/2015
| Assent Date: | 16.6.15 |
| Commencement Date: | S. 3(Sch. 1 item 32) on 1.8.15: s. 2(1) |
Judicial Entitlements Act 2015, No. 29/2015
| Assent Date: | 11.8.15 |
| Commencement Date: | Ss 68–72 on 12.8.15: s. 2(1); ss 84–86 on 1.1.16: s. 2(3) |
Justice Legislation Further Amendment Act 2016, No. 3/2016
| Assent Date: | 16.2.16 |
| Commencement Date: | Ss 3, 7, 18–21, 32–38 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1; ss 4–6 on 1.7.16: Special Gazette (No. 204) 28.6.16 p. 1 |
Judicial Commission of Victoria Act 2016, No. 16/2016
| Assent Date: | 19.4.16 |
| Commencement Date: | Ss 197–200 on 1.7.17: s. 2(2) |
Sex Offenders Registration Amendment Act 2016, No. 21/2016
| Assent Date: | 26.4.16 |
| Commencement Date: | S. 22 on 1.2.17: s. 2(2) |
Justice Legislation (Evidence and Other Acts) Amendment Act 2016, No. 38/2016
| Assent Date: | 28.6.16 |
| Commencement Date: | S. 10 on 12.9.16: Special Gazette (No. 278) 6.9.16 p. 1 |
National Domestic Violence Order Scheme Act 2016, No. 53/2016
| Assent Date: | 18.10.16 |
| Commencement Date: | Ss 103–109 on 25.11.17: Special Gazette (No. 388) 15.11.17 p. 1 |
Family Violence Protection Amendment Act 2017, No. 19/2017
| Assent Date: | 16.5.17 |
| Commencement Date: | Ss 50–53 on 16.11.17: Special Gazette (No. 388) 15.11.17 p. 1 |
Bail Amendment (Stage One) Act 2017, No. 26/2017
| Assent Date: | 27.6.17 |
| Commencement Date: | S. 24 on 21.5.18: Special Gazette (No. 218) 15.5.18 p. 1 |
Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017
| Assent Date: | 29.8.17 |
| Commencement Date: | Ss 70, 71 on 1.5.18: s. 2(4) |
Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017, No. 45/2017
| Assent Date: | 26.9.17 |
| Commencement Date: | S. 55 on 1.4.18: Special Gazette (No. 136) 27.3.18 p. 3 |
Fines Reform Amendment Act 2017, No. 59/2017
| Assent Date: | 5.12.17 |
| Commencement Date: | S. 125 on 21.12.17: Special Gazette (No. 443) 19.12.17 p. 1 |
Oaths and Affirmations Act 2018, No. 6/2018
| Assent Date: | 27.2.18 |
| Commencement Date: | S. 68(Sch. 2 item 81) on 1.3.19: s. 2(2) |
Justice Legislation Amendment (Access to Justice) Act 2018, No. 15/2018
| Assent Date: | 29.5.18 |
| Commencement Date: | Ss 47, 48 on 30.5.18: s. 2(1) |
| Assent Date: | 5.6.18 |
| Commencement Date: | S. 18 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 35–37, 49–54 on 29.3.19: Special Gazette (No. 114) 26.3.19 p. 1; s. 42 on 11.11.19: Special Gazette (No. 446) 6.11.19 p. 1; ss 41, 43–45 on 1.9.20: s. 2(3) |
Justice Legislation Amendment (Police and Other Matters) Act 2019, No. 3/2019
| Assent Date: | 13.3.19 |
| Commencement Date: | S. 30 on 1.12.19: s. 2(3) |
West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, No. 8/2019
| Assent Date: | 26.3.19 |
| Commencement Date: | S. 114 on 19.2.20: s. 2(3) |
Guardianship and Administration Act 2019, No. 13/2019
| Assent Date: | 4.6.19 |
| Commencement Date: | S. 221(Sch. 1 item 29) on 1.3.20: s. 2(2) |
Police Legislation Amendment (Road Safety Camera Commissioner and Other Matters) Act 2019, No. 39/2019
| Assent Date: | 6.11.19 |
| Commencement Date: | Ss 14, 15 on 7.11.19: s. 2(1) |
COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020
| Assent Date: | 24.4.20 |
| Commencement Date: | S. 38 on 25.4.20: s. 2 |
Crimes Amendment (Manslaughter and Related Offences) Act 2020, No. 16/2020
| Assent Date: | 10.6.20 |
| Commencement Date: | S. 20 on 1.7.20: s. 2(2) |
S. 9 (repealed): The amendment proposed to section 9(10) by section 8(1) of the Courts Legislation (Judicial Conduct) Act 2005, No. 16/2005 (repealed) is not included in this publication as section 9 was substituted by section 11 of the Courts Legislation (Judicial Appointments and Other Amendments) Act 2005, No. 3/2005 (repealed). ↑
S. 58(1): Sections 10–13 of the Magistrates' Court (Amendment) Act 1996, No. 70/1996 read as follows:
10 Payment of fines
(1) An arrangement made before 14 November 1996—
(a) for an extension of time for the payment of a fine referred to in Schedule 7 to the Principal Act; or
(b) for the payment by instalments of a fine referred to in Schedule 7 to the Principal Act—
with a person authorised to execute a penalty enforcement warrant or a warrant to seize property or a warrant to imprison issued under clause 8(1) of that Schedule is deemed to be an order referred to in clause 7(1)(a) or (b), as the case may be, of that Schedule.
(2) An arrangement made before 14 November 1996—
(a) for allowing time for the payment of a fine referred to in section 62 or 66 of the Sentencing Act 1991; or
(b) for the payment by instalments of a fine referred to in section 62 or 66 of the Sentencing Act 1991; or
(c) for a variation of—
(i) the terms of an instalment order referred to in section 62 or 66 of the Sentencing Act 1991; or
(ii) an arrangement referred to in paragraph (a) or (b)—
with a person authorised to execute a warrant to arrest issued under section 62 of that Act or a warrant to seize property issued under section 66 of that Act is deemed to be an order referred to in section 55(a), (b) or (c), as the case may be, of that Act.