Version incorporating amendments as at
10 November 2025
TABLE OF PROVISIONS
Regulation Page
1 Objectives 1
2 Authorising provision 1
3 Commencement 1
4 Revocations 1
5 Appointment of magistrates 2
6 Oath or affirmation of office—judicial registrars 2
7 Warrants 2
8 Warrant to seize property 3
9 Remand of more than 8 clear days 3
Schedule 1—Oath or affirmation of office for magistrate 4
Schedule 2—Oath or affirmation of office for judicial registrar 5
Schedule 3—Prescribed venues of the Court for the purposes of section 82 of the Magistrates' Court Act 1989 6
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Endnotes 7
1 General information 7
2 Table of Amendments 9
3 Explanatory details 10
Version No.002
Magistrates' Court General Regulations 2024
S.R. No. 74/2024
Version incorporating amendments as at
10 November 2025
1 Objectives
The objectives of these Regulations are to prescribe—
(a) oaths and affirmations of office for magistrates and judicial registrars; and
(b) other matters required or necessary to be prescribed to give effect to the Magistrates' Court Act1989.
2 Authorising provision
These Regulations are made under section 140 of the Magistrates' Court Act 1989.
3 Commencement
These Regulations come into operation on 25 August 2024.
4 Revocations
The following Regulations are revoked—
(a) the Magistrates' Court General Regulations 2014[1];
(b) the Magistrates' Court General Amendment (Judicial Registrar Oath and Affirmation of Office) Regulations 2014[2];
(c) the Magistrates' Court General Amendment Regulations 2016[3];
Section 1 - Magistrates' Court General Regulations 2024 - Magistrates' Court General Regulations 2024 | Zoe
(d) the Magistrates' Court General Amendment Regulations 2018[4];
(e) the Magistrates' Court General Amendment Regulations 2019[5].
5 Appointment of magistrates
For the purposes of section 7(5) of the Magistrates' Court Act1989, the prescribed form is set out in Schedule 1.
6 Oath or affirmation of office—judicial registrars
For the purposes of section 16DB(1) of the Magistrates' Court Act1989—
(a) the prescribed form is set out in Schedule 2; and
(b) the prescribed manner is that the oath or affirmation of office must be administered by the Chief Magistrate or a Deputy Chief Magistrate.
7 Warrants
(1) For the purposes of section 57(1A) of the Magistrates' Court Act1989, the following particulars are prescribed in the case of a warrant to arrest—
(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;
(b) the reasons for issuing the warrant, including any relevant charges;
(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;
(d) the powers granted to the person empowered to execute the warrant;
(e) the legislative provision under which the warrant is issued;
(f) if the warrant is endorsed for bail, the conditions (if any) that are to be imposed on the granting of bail;
(g) the date and location of the issue of the warrant;
(h) the name and office of the person issuing the warrant.
(2) For the purposes of section 57(2) of the Magistrates' Court Act1989, the following particulars are prescribed—
(a) the type of warrant issued;
(b) the date of issue of the warrant;
(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;
(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.
8 Warrant to seize property
For the purposes of section 73(3AA)(f) of the Magistrates' Court Act1989, the following particulars are prescribed—
(a) the direction of the warrant to the sheriff;
(b) the fee payable for the issue of the warrant.
9 Remand of more than 8 clear days
For the purposes of section 82(3)(b) of the Magistrates' Court Act1989, the venues of the Court set out in Schedule 3 are prescribed.
Schedule 1—Oath or affirmation of office for magistrate
Regulation 5
Oath of Office Of Magistrate
I, [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.
Affirmation of Office of Magistrate
I, [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.
Schedule 2—Oath or affirmation of office for judicial registrar
Regulation 6
OATH OF OFFICE OF JUDICIAL REGISTRAR
I, [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.
AFFIRMATION OF OFFICE OF JUDICIAL REGISTRAR
I, [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.
Sch. 3 amended by S.R. No 111/2025 reg. 4.
Schedule 3—Prescribed venues of the Court for the purposes of section 82 of the Magistrates' Court Act 1989
Regulation 9
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
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The 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.
The 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).
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 General Regulations 2024 by statutory rules, subordinate instruments and Acts.