Magistrates' Court Criminal Procedure
Amendment (Infringements Court and Other
Matters) Rules 2015
S.R. No. 113/2015
TABLE OF PROVISIONS
Rule
1
2
3
4
5
6
7
8
Page
Object
Authorising provisions
Commencement
Principal Rules
Infringements Court
New Form 1 substituted
New Forms 3, 4 and 5 substituted
New Form 6 substituted
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Endnotes
1
1
1
2
2
2
4
11
13
i
STATUTORY RULES 2015
S.R. No. 113/2015
Magistrates' Court Act 1989
Magistrates' Court Criminal Procedure
Amendment (Infringements Court and Other
Matters) Rules 2015
The Chief Magistrate together with 2 Deputy Chief
Magistrates jointly make the following Rules:
1 Object
The object of these Rules is to amend the
Magistrates' Court Criminal Procedure
Rules 2009—
(a) to prescribe the venue of the Infringements
Court; and
(b) to make minor amendments to the forms
prescribed under those Rules that relate to
commencing a criminal proceeding and the
form that must be included in a process or
other document specified in Rule 12 of those
Rules.
2 Authorising provisions
These Rules are made under section 16 of the
Magistrates' Court Act 1989 and all other
enabling powers.
3 Commencement
These Rules come into operation on 12 October
2015.
1
Magistrates' Court Criminal Procedure Amendment (Infringements Court and
Other Matters) Rules 2015
S.R. No. 113/2015
4 Principal Rules
In these Rules, the Magistrates' Court Criminal
Procedure Rules 20091 are called the Principal
Rules.
5 Infringements Court
(1) In rule 94 of the Principal Rules, for
"121 Exhibition Street Melbourne."
substitute "either of the following—".
(2) At the end of rule 94 of the Principal Rules
insert—
"(a) 80 Collins Street Melbourne;
(b) 277 William Street Melbourne.".
6 New Form 1 substituted
For Form 1 of the Principal Rules substitute—
"FORM 1
Rule 11
CHARGE-SHEET
Date of hearing: ...../...../......
Details of accused
Name:
Gender:
Date of birth: ...../...../.....
Mobile phone number:
Email address:
Registration number of vehicle:
State registered:
Driver licence number:
State issued:
To the accused:
You have been charged with an offence.
Read these pages to see what you must do.
2
Magistrates' Court Criminal Procedure Amendment (Infringements Court and
Other Matters) Rules 2015
S.R. No. 113/2015
Details of the charge against you
1. What is the charge?
(Description of offence)
Under what
law?
 State
 Act
 Commonwealth
 Regulation
Act or
Regulation
No.
Section
or
Clause
(Full
Ref.)
 Other—
specify
Are there more  No
charges?
Type of offence  Summary offence
Request for
committal
proceeding
 Yes—see 2 below
 Indictable offence
 No
 Yes
2. What is the charge?
(Description of offence)
Under what
law?
Are there more
charges?
 State
 Act
 Commonwealth
 Regulation
 Other—
specify
 No
Type of offence  Summary offence
Request for
 No
committal
proceeding
3
Act or
Regulation
No.
Section
or
Clause
(Full
Ref.)
 Yes—see
"Continuation of
Charges" attached
 Indictable offence
 Yes
Magistrates' Court Criminal Procedure Amendment (Infringements Court and
Other Matters) Rules 2015
S.R. No. 113/2015
Who filed the charge-sheet(s)?
Name of Informant:
Agency and Address:
Phone:
Email:
Fax No.:
Agency Ref.:
Signature of Informant:
Date:
Filed at:
Date:".
7 New Forms 3, 4 and 5 substituted
For Forms 3, 4 and 5 of the Principal Rules
substitute—
"FORM 3
Rule 11
CHARGE-SHEET AND SUMMONS
Details of accused
Name:
Gender:
Date of birth: ...../...../.....
Mobile phone number:
Email address:
Registration number of vehicle:
State registered:
Driver licence number:
State issued:
To the accused:
You have been charged with an offence.
Read these pages to see what you must do.
4
Magistrates' Court Criminal Procedure Amendment (Infringements Court and
Other Matters) Rules 2015
S.R. No. 113/2015
Details of the charge against you
What is the charge?
(Description of offence)
Under what
law?
 State
 Act
 Commonwealth
 Regulation
Section or
Act or
Clause
Regulation (Full Ref.)
No.
 Other—
specify
Are there more
charges?
 No
Type of offence  Summary offence
Request for
committal
proceeding
 No
 Yes—see
"Continuation of
Charges" attached
 Indictable offence
 Yes
Who filed the charge-sheet(s)?
Name of Informant:
Agency and Address:
Phone:
Email:
Fax No.:
Agency Ref.:
Signature of Informant:
Date:
Filed at:
Date:
Where will the case be heard?
5
Magistrates' Court Criminal Procedure Amendment (Infringements Court and
Other Matters) Rules 2015
S.R. No. 113/2015
The Magistrates' Court at [venue]
Address
When
Phone
Time
Day
Month
Details about this summons
Issued at:
Date:
Registrar:
Magistrate:
Police officer:
Prescribed person:
6
Year
Magistrates' Court Criminal Procedure Amendment (Infringements Court and
Other Matters) Rules 2015
S.R. No. 113/2015
FORM 4
Rule 11
CHARGE-SHEET AND SUMMONS
(CORPORATE ACCUSED)
Details of corporate accused
Name of corporate accused:
Mobile phone number:
Email address:
Registration number of vehicle:
State registered:
Driver licence number:
State issued:
To the corporate accused:
You have been charged with an offence.
Read these pages to see what you must do.
Details of the charge against you
What is the charge?
(Description of offence):
If you do not appear in answer to a summons and the charge is an indictable
offence that may be determined summarily the Magistrates' Court may hear
and determine the charge in your absence.
If you do not appear in answer to a summons for an indictable offence the
Magistrates' Court may conduct a committal proceeding in your absence.
Under what
law?
 State
 Act
 Commonwealth
 Regulation
Section or
Act or
Clause
Regulation No. (Full Ref.)
 Other—
specify
Are there more
charges?
 No
Type of offence  Summary offence
Request for
committal
proceeding
 No
 Yes—see "Continuation
of Charges" attached
 Indictable offence
 Yes
7
Magistrates' Court Criminal Procedure Amendment (Infringements Court and
Other Matters) Rules 2015
S.R. No. 113/2015
Who filed the charge-sheet(s)?
Name of Informant:
Agency and Address:
Phone:
Email:
Fax No.:
Agency Ref.:
Signature of Informant:
Date:
Filed at:
Date:
Where will the case be heard?
The Magistrates' Court at [venue]
Address
When
Phone
Time
Day
Month
Details about this summons
Issued at:
Date:
Registrar:
Magistrate:
Police officer:
Prescribed person:
8
Year
Magistrates' Court Criminal Procedure Amendment (Infringements Court and
Other Matters) Rules 2015
S.R. No. 113/2015
FORM 5
Rule 11
CHARGE-SHEET AND WARRANT TO ARREST
Details of accused
Name of accused:
Gender:
Date of birth: ...../...../.....
Mobile phone number:
Email address:
Registration number of vehicle:
State registered:
Driver licence number:
State issued:
To the accused:
You have been charged with an offence.
Read these pages to see what you must do.
Details of the charge against you
What is the charge?
(Description of offence):
Under what
law?
 State
 Act
 Commonwealth
 Regulation
Section or
Act or
Clause
Regulation No. (Full Ref.)
 Other—
specify
Type of offence  Summary offence
Request for
committal
proceeding
 No
 Indictable offence
 Yes
Who filed charge-sheet(s)?
Name of Informant:
Agency and Address:
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Magistrates' Court Criminal Procedure Amendment (Infringements Court and
Other Matters) Rules 2015
S.R. No. 113/2015
Phone:
Email:
Fax No.:
Agency Ref.:
Signature of Informant:
Date:
Charge-sheet filed at:
Date:
Request for Issue of a Warrant to Arrest
I apply for the issue of a warrant to arrest on the following grounds:
Warrant to arrest
To all police officers:
You are authorised to break, enter and search any place where the person
named in this warrant is suspected to be, to arrest that person and bring him
or her before a Bail Justice or the Court as soon as practicable to be dealt
with according to law or cause the person to be released on bail in accordance
with the endorsement on this warrant.
I am satisfied by the evidence before me that a Warrant should be issued on
the following grounds:
 it is probable the person will not answer a summons
 the person has absconded or is likely to abscond
 the person is avoiding the service of a summons
 the warrant is  required  authorised by another Act namely
 other
Issued at
Date
Before
Registrar
Magistrate".
10
Magistrates' Court Criminal Procedure Amendment (Infringements Court and
Other Matters) Rules 2015
S.R. No. 113/2015
8 New Form 6 substituted
For Form 6 of the Principal Rules substitute—
"FORM 6
Rule 12
DO NOT IGNORE THIS NOTICE
Do not ignore this notice.
If you do not understand this notice, you should get someone to interpret it
for you immediately.
The Court will not provide written notification of listing dates.
To receive electronic notification of listing dates, please ensure your mobile
phone number and/or email address are kept updated with the Court.
Seek legal advice.
A legal practitioner can help you decide what steps you need to take.
For free legal information or to speak to a legal practitioner call:
Victoria Legal Aid [insert telephone number]
Federation of Community Legal Centres to find the centre closest to you
[insert telephone number]
Victoria Aboriginal Legal Service [insert telephone number]
(Information to the effect of this advice to be printed in English, Arabic,
Cambodian, Chinese, Greek, Italian, Polish, Russian, Spanish, Turkish and
Vietnamese languages.)".
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Magistrates' Court Criminal Procedure Amendment (Infringements Court and
Other Matters) Rules 2015
S.R. No. 113/2015
Dated: 6 October 2015
PETER LAURITSEN,
Chief Magistrate
BARRY BRAUN,
Deputy Chief Magistrate
DANIEL JOHN MULING,
Deputy Chief Magistrate
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Magistrates' Court Criminal Procedure Amendment (Infringements Court and
Other Matters) Rules 2015
S.R. No. 113/2015
Endnotes
Endnotes
1
Rule 4: S.R. No. 181/2009. Reprint No. 1 as at 4 December 2014.
Reprinted to S.R. No. 203/2014.
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