Courts Legislation (Jurisdiction) Act 2006

Courts Legislation (Jurisdiction) Act 2006

Act No. 50/2006

table of provisions

SectionPage

Part 1—Preliminary

1.Purposes

2.Commencement

Part 2—Amendment of County Court Act 1958 and Repeal of Amending Act

3.County Court to have unlimited civil jurisdiction

4.New section 91 inserted

91.Transitional provisions—Courts Legislation (Jurisdiction) Act 2006

5.Repeal of Courts (Further Amendment) Act 1986

Part 3—Amendment of Crimes Act 1958

6.Notice to be served on corporate accused

7.Time limits on trials

8.New section 359B inserted

359B.Non-appearance of corporate accused person

9.Calendar of accused persons

10.Re-sentencing on appeal where aggregate sentence involved

11.New section 606 inserted

606.Transitional provision—Courts Legislation (Jurisdiction) Act 2006

12.Consequential amendment

Part 4—Amendment of Crimes (Criminal Trials) Act1999

13.Amendments consequential on abolition of post-committal conference

14.Statute law revision

Part 5—Amendment of Magistrates' Court
Act1989

15.How criminal proceeding commenced

16.Issue of summons

17.Summons to answer to a charge

18.Service of summonses for summary offences by post

19.Appearance by legal practitioner

20.New section 38A inserted

38A.Charge to be read or explained to defendant before
plea

21.Non-appearance of defendant

22.Indictable offences triable summarily

23.New section 54A inserted

54A.Non-appearance of corporate defendant

24.Absence of corporate defendant from committal proceeding

25.Compulsory examination procedure

26.Non-appearance of defendant—outline of evidence

27.New clause 2A inserted in Schedule 5

2A.Power to dispose with requirements where corporate defendant absent

28.New clause 4A inserted in Schedule 5

4A.Committal case conference

29.New clauses 11AA and 11AB inserted in Part 5 of Schedule 5

11AA.Case direction notices

11AB.Adjournment in absence of parties

30.Defence notice

31.Application for leave to cross-examine a witness

32.Giving of evidence by witnesses

33.Abolition of post-committal conferences

34.New clause 24AA inserted in Schedule 5

24AA.Absent corporate defendant to be notified of
committal

35.New clause 37 inserted in Schedule 8

Part 6—Amendment of Public Prosecutions
Act1994

36.Definition of "special decision"

37.New section 54 inserted

54.Transitional provision (2006 amendment)

Part 7—Amendment of Sentencing Act 1991

38.Aggregate sentence of imprisonment

39.New section 132 inserted

132.Transitional provision—Courts Legislation (Jurisdiction) Act 2006

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Endnotes

SectionPage

Victoria

No. 50 of 2006

SectionPage

Courts Legislation (Jurisdiction) Act 2006[†]

[Assented to 15 August 2006]

Act No. 50/2006

Courts Legislation (Jurisdiction) Act 2006

Act No. 50/2006

Courts Legislation (Jurisdiction) Act 2006

The Parliament of Victoriaenacts as follows:

Part 7—Amendment of Sentencing Act 1991

Courts Legislation (Jurisdiction) Act 2006

Act No. 50/2006

Part 1—Preliminary

1.Purposes

The main purposes of this Act are—

(a)to amend the County Court Act 1958 so as to confer on the County Court an unlimited jurisdiction in civil proceedings;

(b) to amend the Crimes Act 1958 so as to—

(i)enable a corporate defendant to be tried in its absence;

(ii)remove the requirement to apply for an extension of time in certain circumstances;

(iii)abolish the requirement to give to the trial court a calendar of accused persons;

(i)remove the requirement to file a charge with the appropriate registrar if it has already been filed with another registrar;

s. 1

(ii)enable a proceeding for a summary offence to be commenced at any time with the consent of both the defence and the prosecution;

(iii)empower public officials to issue summonses;

(iv)enable summonses for all summary offences to be served by post;

(v)require a charge to be read or explained to an unrepresented defendant before the defendant is asked to plea to the charge;

(vi)prevent a custodial order being made where the proceeding is heard and determined in the defendant's absence;

(vii)expand the range of indictable offences triable summarily, specify criteria to which the Court is to have regard in deciding whether it is appropriate to determine a charge summarily and enable a summary hearing of an indictable offence to proceed in the absence of a corporate defendant;

(viii)reform the procedure on committal proceedings including providing for the joint filing of case direction notices by the parties, enabling committal case conferences to be conducted and empowering the Court to conduct the proceeding in the absence of a corporate defendant;

(d) to amend the definition of "special decision" in the Public Prosecutions Act 1994;

(e) to amend the Sentencing Act 1991 so as to empower the Supreme Court and the County Court to impose aggregate sentences of imprisonment.

2.Commencement

s. 2

(1)This Part and Parts 6 and 7 and sections 7, 9, 11, 19, 20, 21 and 35 come into operation on the day after the day on which this Act receives the Royal Assent.

(2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

s. 2

(3) If a provision referred to in sub-section (2) does not come into operation before 1 July 2007, it comes into operation on that day.

______

See:
Act No.
6230.
Reprint No. 12
as at
28 April 2006
and amending
Act Nos
107/1986 and 22/2006.
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Part 2—Amendment of County Court Act 1958 and Repeal of Amending Act

3.County Court to have unlimited civil jurisdiction

s. 3

(1)In section 3(1) of the County Court Act 1958, the definition of "jurisdictional limit" is repealed.

(2)In section 37(2) of the County Court Act 1958, paragraphs (a) and (b) are repealed.

(3)Section 38 of the County Court Act 1958 is repealed.

(4)Section 39(1) of the County Court Act 1958 is repealed.

4.New section 91 inserted

After section 90 of the County Court Act 1958 insert—

"91. Transitional provisions—Courts Legislation (Jurisdiction) Act 2006

The amendments of this Act made by section3 of the Courts Legislation (Jurisdiction) Act 2006 apply only to proceedings commenced on or after the commencement of that section.".

Act No.
107/1986.

5.Repeal of Courts (Further Amendment) Act 1986

The Courts (Further Amendment) Act 1986 is repealed.

______

See:
Act No.
6231.
Reprint No. 18
as at
1 July 2005
and amending
Act Nos
16/2004, 18/2005, 56/2005, 66/2005, 77/2005, 93/2005, 97/2005, 2/2006, 6/2006, 14/2006 and 23/2006.
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Part 3—Amendment of Crimes Act 1958

6.Notice to be served on corporate accused

s. 6

After section 353(2A) of the Crimes Act 1958 insert—

"(2B)If the body corporate on whom a copy of a presentment is to be served under sub-section (2A) has not been served with a notice in relation to that offence under clause 24AA(1) of Schedule 5 to the Magistrates' Court Act 1989, the Director of Public Prosecutions must ensure that there is served with the copy a notice stating—

(a)the date and time at which the body corporate must appear, by a representative or a legal practitioner, at its arraignment; and

(b)that if the body corporate does not appear at its arraignment the trial court may in its absence proceed with the trial andproceed to hear and determine a summary offence pursuant to section 359AA(2).".

7.Time limits on trials

(1)After section 353(5) of the Crimes Act 1958 insert—

"(5A)It is not necessary to make an application under sub-section (5) for an extension of time if a ruling made, or direction given, by the courtprovides for the extension.".

(2)Section 353(6C) of the Crimes Act 1958 is repealed.

(3)After section 359A(2) of the Crimes Act 1958 insert—

"(2A)It is not necessary to make an application under sub-section (2) for an extension of time if a rulingmade, or direction given, by the court provides for the extension.".

(4)Section 359A(6) of the Crimes Act 1958 is repealed.

8.New section 359B inserted

s. 8

After section 359A of the Crimes Act 1958 insert—

"359B.Non-appearance of corporate accused person

(1)If an accused person that is a body corporate does not appear, by a representative or a legal practitioner, at its arraignment and the Supreme Court or County Court (as the case requires) is satisfied that a notice under clause 24AA(l) of Schedule 5 to the Magistrates' Court Act 1989 or section 353(2B) of this Act (as the case requires) has been served on the accused person, the Court may, if it considers it appropriate to do so, proceed with the trial and, even though the accused person has not consented to it so doing, proceed to hear and determine a summary offence pursuant to section 359AA(2).

(2)If the Supreme Court or County Court proceeds as mentioned in sub-section (1)—

(a)the Court may dispense with or vary any requirement imposed by or under this or any other Act (including a requirement with respect to arraignment or empanelling a jury) as necessary having regard to the absence of the accused person; and

(b)the prosecution must ensure that notice of any sentence passed in the absence of the accused person is served on the accused person by post.

(3)If the accused person is a company or registered body within the meaning of the Corporations Act, a notice under sub-section (2)(b) may be served in accordance with section 109X or 601CX of that Act, as the case requires.

(4) Nothing in this section affects clause 24B of Schedule 5 to the Magistrates' Court Act 1989.".

9.Calendar of accused persons

s. 9

(1)Section 390(1) of the Crimes Act 1958 is repealed.

(2)Insert the following heading to section 390 of the Crimes Act 1958—

"Police to be present at courts".

10.Re-sentencing on appeal where aggregate sentence involved

After section 569(4) of the Crimes Act 1958 insert—

"(5)To avoid doubt, a power of the Court of Appeal under this section to pass a sentence in substitution for the sentence passed at the trial may still be exercised even if the sentence passed at the trial is an aggregate sentence of imprisonment.

(6)If the appellant remains convicted on more than one count or charge, the Court of Appeal may under this section either pass a separate sentence in respect of each count or charge or an aggregate sentence of imprisonment in respect of all or any two or more of them.".

11.New section 606 inserted

s. 11

After section 605 of the Crimes Act 1958 insert—

"606. Transitional provision—Courts Legislation (Jurisdiction) Act 2006

(1)Section 353(2B) applies with respect to an offence for which a presentment is served on or after the commencement of section 6 of the Courts Legislation (Jurisdiction) Act 2006, irrespective of when the offence is alleged to have been committed.

(2)The amendments made to this Act by section7 of the Courts Legislation (Jurisdiction) Act 2006 apply to a proceeding that occurs on or after the commencement of that section, irrespective of when the offence to which the proceeding relates is alleged to have been committed.

(3)Section 359B applies to any trial or summary hearing that commences on or after the commencement of section 8 of the Courts Legislation (Jurisdiction) Act 2006, irrespective of when the offence to which the trial or summary hearing relates is alleged to have been committed.

(4)For the purposes of sub-section (3) a trial commences on arraignment of the accused in accordance with Subdivision (12) of Division 1 of Part III.

(5)The amendments made to this Act by section10 of the Courts Legislation (Jurisdiction) Act 2006 apply in relation to appeals heard by the Court of Appeal on or after the commencement of that section irrespective of when—

(a)the notice of appeal or notice of application for leave to appeal was given; or

(b)the offence is alleged to have been committed.".

12.Consequential amendment

s. 12

In section 359AA(3)(f) of the Crimes Act 1958, after "offence" (where secondly occurring) insert "and despite any requirement for consent in section 26(5) of the Magistrates' Court Act 1989".

______

See:
Act No.
35/1999
and amending
Act Nos
53/2000, 18/2005 and 2/2006.
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Part 4—Amendment of Crimes (Criminal Trials) Act1999

13.Amendments consequential on abolition of post-committal conference

s. 13

In the Crimes (Criminal Trials) Act 1999—

(a)in section 3 the definition of "post-committal conference" is repealed;

(b)in section 6(1) omit "there has been a post-committal conference and a magistrate has prepared a written record of it in accordance with Schedule 5 to the Magistrates' Court Act 1989 or";

(c)in section 8(1) for the expression beginning "matters—" and ending at the end of the sub-section substitute "matters set out in their respective documents served and filed under this Part.";

(d)in section 8(4) for the expression beginning "matter—" and ending "as the case requires" substitute "matter set out in a document served and filed by that party under this Part";

(e)in section 13(1) omit "or in conformity with the matters disclosed or identified by the defence, and recorded by a magistrate, at a post-committal conference, as the case requires";

(f)in section 15(1) omit "recorded by a magistrate at a post-committal conference or";

(g)section 15(1)(a) is repealed.

14.Statute law revision

s. 14

Part 6 of the Crimes (Criminal Trials) Act 1999 is repealed.

______

See:
Act No.
51/1989.
Reprint No. 11
as at
1 July 2005
and amending
Act Nos
77/2004, 2/2005, 16/2005, 18/2005, 19/2005, 45/2005, 62/2005, 69/2005, 78/2005, 80/2005, 87/2005, 93/2005, 2/2006, 9/2006 and 12/2006.
LawToday:

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gov.au

Part 5—Amendment of Magistrates' Court Act1989

15.How criminal proceeding commenced

s. 15

(1)Section 26(1A) of the Magistrates' Court Act 1989 is repealed.

(2)In section 26(4) of the Magistrates' Court Act1989, for "A" substitute "Subject to sub-section (5), a".

(3)After section 26(4) of the Magistrates' Court Act 1989 insert—

"(5)With the consent in writing of the defendant and the consent of the Director of Public Prosecutions or a Crown Prosecutor, a proceeding for a summary offence may be commenced at any time despite any limitation as to the time for commencing the proceeding in sub-section (4) or otherwise provided by or under any other Act.".

(4)In section 28(1) of the Magistrates' Court Act 1989, for "appropriate registrar, or to the registrar at the venue of the Court at which the charge is filed if a copy of the charge has not yet been filed with the appropriate registrar," substitute "registrar at the venue of the Court at which the charge is filed".

(5)In clause 4(2)(g) of Schedule 7 to the Magistrates' Court Act 1989, after "offence" (where first occurring) insert "(other than in accordance with section 26(5))".

16.Issue of summons

s. 16

(1)In section 30(1) of the Magistrates' Court Act 1989—

(a)for paragraph (b) substitute—

"(b)a public official acting in the performance of his or her duty (whether the power to commence the proceeding is conferred on him or her by or under an Act or at common law)—";

(b)for "at the time of" substitute "after".

(2)After section 30(1) of the Magistrates' Court Act 1989 insert—

'(1A) In this section—

"public official" means—

(a)a public official within the meaning of the Public Administration Act 2004; or

(b)a person employed by, or the holder of an office in, or on the governing body of—

(i)a Council within the meaning of the Local Government Act 1989; or

(ii)the Office of Public Prosecutions; or

(c)in the case of a charge for an offence referred to in section 24(1) of the Prevention of Cruelty to Animals Act 1986, a full-time officer of the Royal Society for the Prevention of Cruelty to Animals authorised under section 24(1)(b) of that Act.'.

(3)In section 30(2) and (4) of the Magistrates' Court Act 1989, for "prescribed person" substitute "public official".

17.Summons to answer to a charge

s. 17

After section 33(1) of the Magistrates' Court Act 1989 insert—

"(1A)A summons to answer to a charge for an indictable offence that is to be served on a defendant that is a body corporate must state that, if the defendant does not appear in answer to the summons, the Court may proceed—

(a)in the case of an offence to which section 53(1) applies, to hear and determine the charge in the defendant's absence in accordance with Schedule 2; or

(b)in any case, to conduct a committal proceeding in the defendant's absence in accordance with Schedule 5.".

18.Service of summonses for summary offences by post

(1)Insert the following heading to section 36 of the Magistrates' Court Act 1989—

"Service of summonses for summary offences by post".

(2)In section 36(1) of the Magistrates' Court Act 1989, for "prescribed" substitute "summary".

(3)After section 36(1) of the Magistrates' Court Act 1989 insert—

"(1A)In considering whether to effect service of a summons by post, an informant must consider whether it is the most appropriate method of service in all the circumstances as known by the informant including—

(a)the nature and gravity of the alleged offence;

(b)whether the defendant has previously been found guilty or convicted of any similar offence;

(c)the period of time that has elapsed since the defendant's address for service was ascertained.".

(4)In section 36(3) of the Magistrates' Court Act 1989, after "posting" insert "and whether the informant considered the matters referred to in sub-section (1A) before determining to effect service by post".

(5) In section 36 of the Magistrates' Court Act 1989, sub-sections (4), (5) and (6) are repealed.

19.Appearance by legal practitioner

s. 19

At the end of section 38 of the Magistrates' Court Act 1989 insert—

"(2)To avoid doubt, a legal practitioner appearing for a defendant may on behalf of the defendant—

(a)consent to a summary hearing of a charge under section 53(1); and

(b)enter a plea.".

20.New section 38A inserted

s. 20

After section 38 of the Magistrates' Court Act 1989 insert—

"38A.Charge to be read or explained to defendant before plea

(1)Subject to sub-section (2), the Court must ensure that any charge, as set out on the charge-sheet, is read to the defendant or its substance explained to the defendant before the defendant is asked to plead to the charge.

(2)It is not necessary that a charge be read, or its substance explained, to a defendant who is represented by a legal practitioner if the Court considers it appropriate that it not be so read or explained.".

21.Non-appearance of defendant

(1)Before section 41(2)(a) of the Magistrates' Court Act 1989 insert—

"(aa)if the summons was served by post in accordance with section 36, direct that the defendant be personally served with the summons; or".

(2)At the end of section 41 of the Magistrates' Court Act 1989 insert—

"(4)If the Court proceeds to hear and determine a charge in the defendant's absence and finds the defendant guilty, the Court must not make a custodial order under Division 2 of Part 3 of the Sentencing Act 1991.".

(3)Section 96 of the Magistrates' Court Act 1989 is repealed.

22.Indictable offences triable summarily

s. 22

(1)For section 53(1A) of the Magistrates' Court Act 1989 substitute—

"(1A)In addition to the offences referred to in Schedule 4, sub-section (1) applies to an indictable offence under an Act or subordinate instrument or an offence at common law if it is described by an Act or subordinate instrument as—

(a)being level 5 or 6; or

(b)being punishable by—

(i)level 5 or 6 imprisonment or fine or both; or

(ii)a term of imprisonment not exceeding 10 years or a fine not exceeding 1200 penalty units or both—

unless the contrary intention appears in this or any other Act or in any subordinate instrument.".

(2)After section 53(2) of the Magistrates' Court Act 1989 insert—

"(3)In determining under sub-section (1) whether a charge is appropriate to be determined summarily, the Court must have regard to—

(a)the seriousness of the offence;

(b)the adequacy of the available sentencing orders if the charge is heard and determined summarily considering (among other things) any previous findings of guilt or convictions of the defendant;

(c)any decision of the Court as to how a charge of the same offence against a co-defendant is to be heard and determined;

(d)any other relevant matter.

(4)In having regard to the seriousness of an offence under sub-section (3)(a), the Court must consider (among other things)—

(a)the nature of the offence;

(b)the manner in which the offence is alleged to have been committed including—