Rule 4 (Heading) substituted by S.R. No. 102/2022 rule 27(1).
4 Definitions
In these Rules—
Rule 4 def. of CMS inserted by S.R. No. 102/2022 rule 27(2).
CMS has the same meaning as in the Magistrates' Court General Civil Procedure Rules 2020[4];
the Act means the Magistrates' Court Act 1989.
5 Authentication of orders
For the purposes of section 18(2) of the Act, an order may be authenticated—
(a) if the order is entered in writing in the register, by the person who constituted the Court signing the entry; or
(b) if the order is entered into a computerised data storage and retrieval system, by the person who constituted the Court entering confirmation of the order into the system.
Note
The means by which the person who constituted the Court confirms the order may include the use of an electronic signature.
Rule 6 substituted by S.R. No. 102/2022 rule 28.
6 Issue of process
Process may be issued—
(a) by a person—
(i) signing the process; or
(ii) signing the process with an electronic signature; or
(iii) sealing the process with an electronic seal; or
(b) by CMS with an electronic signature or seal.
7 Authentication of warrants
For the purposes of section 57(9) of the Act, the execution copy of a warrant produced by a computerised data storage and retrieval system may be authenticated by the person who issued the warrant including on that copy—
(a) the person's name; and
(b) the date of issue of the warrant.
8 Filing of documents
(1) Subject to paragraph (2) and Rule 10, a document may be submitted for filing in the Court by electronic communication in accordance with any practice direction, statement or note issued by the Chief Magistrate under section 16A of the Act.
(2) In a proceeding the Court may order or direct that any or all documents in the proceeding be filed in any manner that the Court considers appropriate.
9 Powers of registrar
(1) A registrar may refuse to accept a document submitted for filing under Rule 8 until satisfied that the document complies with these Rules, or any other Rule or Act or any practice direction, statement or note issued by the Chief Magistrate under section 16A of the Act.
(2) If a registrar refuses to accept a document submitted for filing under Rule 8, the registrar must advise the person who submitted the document—
(a) that the document has not been accepted for filing; and
(b) of the reason it was not accepted for filing.
(3) If a registrar refuses to accept a document submitted for filing under Rule 8, the Court may—
(a) direct the registrar to accept the document with a filing date, being the time and date that the document was first submitted for filing; or
(b) make any other order or give any direction that it considers appropriate.
10 Application of Rules 8 and 9
Rules 8 and 9—
(a) do not apply if transmission of a document by electronic communication is prohibited by any Act, regulation, rule or rule of law; and
(b) do not limit any Act, regulation, rule, rule of law or practice direction, statement or note issued by the Chief Magistrate under section 16A of the Act that permits a document to be filed with, or transmitted to, the Court by electronic communication.
Example to rule 10 revoked by S. R. No. 102/2022 rule 29.
Dated: 4 June 2021
LISA HANNAN, Chief Magistrate
FELICITY BROUGHTON, Deputy Chief Magistrate
SUSAN WAKELING, Deputy Chief Magistrate
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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 Magistrates' Court Authentication and Electronic Transmission Rules 2021, S.R. No. 52/2021 were made on 4 June 2021 by the Chief Magistrate together with 2 Deputy Chief Magistrates jointly under section 209 of the Family Violence Protection Act 2008, No. 52/2008, section 16 of the Magistrates' Court Act 1989, No. 51/1989 and section 183 of the Personal Safety Intervention Orders Act 2010, No. 53/2010 and came into operation on 6 July 2021: rule 3(1).
The Magistrates' Court Authentication and Electronic Transmission Rules 2021 will sunset 10 years after the day of making on 4 June 2031 (see section 5 of the Subordinate Legislation Act 1994).
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 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.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 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.
This 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.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All 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).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 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.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 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.
• Other material
Any 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).
2 Table of Amendments
This publication incorporates amendments made to the Magistrates' Court Authentication and Electronic Transmission Rules 2021 by statutory rules, subordinate instruments and Acts.