Summary Offences Act 1988 No 25
Historical version for 1 March 2010 to 30 September 2010 (accessed 22 May 2013 at 15:57) Current version
Part 2Division 3

Division 3 Miscellaneous

12   Defence

It is a sufficient defence to a prosecution for an offence under any of the provisions of this Part if the defendant satisfies the court that the act complained of in the information for the offence was done with lawful authority.

13   Particulars to be furnished

(1)  If a defendant charged with an offence under any of the provisions of this Part:
(a)  has requested the informant to furnish to the defendant reasonable particulars of the behaviour or conduct the subject of the charge, and
(b)  the informant, or some person on his or her behalf, has not so furnished those particulars,
      the court before which the defendant is charged shall adjourn the charge pending the furnishing of those particulars or may dismiss the charge.
(2)  If, at the hearing of a charge for an offence referred to in subsection (1):
(a)  the evidence discloses behaviour or conduct that constitutes such an offence, and
(b)  that behaviour or conduct is different from the behaviour or conduct of which particulars have been given to the defendant under subsection (1),
      the court may, on the application of the defendant and if it is of the opinion that the defendant was deceived by those particulars, adjourn the hearing on such terms as it thinks fit.
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