(1) (Repealed)(2) Any exception, exemption, proviso, excuse, or qualification, whether it does or does not accompany in the same section the description of the offence in the Act, order, by-law, regulation, or other document creating the offence, may be proved by the defendant, but need not be specified or negatived in the information or complaint, and if so specified or negatived, no proof in relation to the matter so specified or negatived shall be required on the part of the informant or complainant.
No adjudication on appeal of the District Court is to be removed by any order into the Supreme Court.
A copy of a warrant issued under this Act (being a copy produced by means of a photographic process or facsimile transmission) is as valid and effectual as the original warrant and confers the same powers, authorities, duties and functions as the original warrant.
Where a summons, warrant or subpoena signed before or after the commencement of section 2 of the Justices (Amendment) Act 1971 by a Magistrate or by a Justice or by Justices bears a printed representation of a seal, a seal so represented shall, for the purposes of this or any other Act requiring a summons, warrant or subpoena to be sealed, be deemed to have been affixed to the summons, warrant or subpoena:(a) where it is signed by two Justices, by each of them, or(b) in any other case, by the Magistrate or Justice who signed it.
If any person shall, during any proceeding before a Local Court presided over by a Magistrate, or during any proceeding under this Act, or any Act amending the same, before a Magistrate, or before Justices (one of whom is a Magistrate), be guilty of contempt, such person may be punished in a summary way by such Magistrate by fine not exceeding 10 penalty units or by imprisonment for a period not exceeding 14 days.
(1) Without prejudice to the powers of a Magistrate under section 152, if it is alleged, or appears to a court on its own view, that a person is guilty of contempt of the court, whether during a proceeding before the court or otherwise, the court may refer the matter to the Supreme Court for determination.(2) On any matter being referred to the Supreme Court under this section, the Supreme Court is to dispose of the matter in such manner as it considers appropriate.
(1) The Justice or Justices before whom a person is brought after having been apprehended under a bench warrant issued by a Judge of any court in any criminal proceedings:(a) subject to the Bail Act 1978, must order that a warrant be issued for the committal of the person to a correctional centre or other place of security, and(b) must order the person to be brought before the court out of which the bench warrant was issued in accordance with the terms of the warrant.(2) A warrant under this section may be issued by any Justice.(3) The Bail Act 1978 applies to the person (not being an accused person) in the same way as it applies to an accused person and, for that purpose, bail may be granted to the person with respect to the period between:(a) the person’s being committed under this section, and(b) the person’s being brought before the court out of which the bench warrant was issued.
153B Bail Act 1978 to prevail
Except where expressly provided, the Bail Act 1978 shall prevail to the extent of any inconsistency between that Act and this Act.
(1) It shall be lawful for the Governor to make regulations:(a) fixing the fees to be demanded and taken in respect of proceedings before any Justice or Justices and prescribing what fees may be taken and what fees may be retained for their own use by bailiffs of Local Courts,(b) prescribing in what manner lists of such fees shall be published for general information,(c) prescribing the persons by whom such fees may be demanded and taken,(d) prescribing under what circumstances and by whom such fees may be remitted,(e) prescribing the practice and procedure to be observed in collecting such fees.(f) (Repealed)
And such fees and no other may be so demanded, taken and retained.(1A) The Governor may make regulations not inconsistent with this Act:(a) with respect to:(i) the manner of, and the practice to be observed in relation to, the taking and recording of depositions, evidence and statements in proceedings under this Act before a Justice or Justices,(ii) where any such depositions, evidence or statements are recorded otherwise than in writing, the making of transcripts of the recordings and the manner of certifying such transcripts,(b) prescribing any matter permitted to be prescribed by sections 36, 40 and 70.(1B) The Governor may make regulations not inconsistent with this Act for or with respect to prescribing the manner of and the practice to be observed in relation to stating and signing a case under section 104A or 104B and the making of nominations under that section and such other matters as may be necessary or convenient for carrying out or giving effect to the provisions of that section.(1C) (Repealed)(1CA) The Governor may make regulations not inconsistent with the Driving Instructors Act 1992 or this Act for or with respect to prescribing the manner of and the procedure and practice to be observed in relation to:(a) appeals to a Local Court under Part 3 of the Driving Instructors Act 1992, and(b) applications to a Local Court in respect of prohibition orders under Part 4 of that Act.(1D) The Governor may make regulations not inconsistent with this Act prescribing any forms (not being forms for the purposes of section 107) to be used under this Act.(1E) (Repealed)(2) Without affecting the generality of the foregoing provisions of this section, the Governor may make regulations not inconsistent with this Act for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2A) A provision of a regulation may:(a) apply generally or be limited in its application by reference to specified exceptions or factors,(b) apply differently according to different factors of a specified kind, or(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,or may do any combination of those things.(2B) (Repealed)(3) Provided that no fees shall be demanded:(a) from any naval or military pensioner for administering any oath necessary to be made for the receipt of his or her pension, or(b) in respect of proceedings before any Justice or Justices from any prosecutor or accused person in any prosecution for an offence which cannot by law be disposed of summarily.
(1) Subject to the Local Courts (Civil Claims) Act 1970, the Rule Committee may make rules, not inconsistent with this or any other Act, for or with respect to:(a) any matter that is required or permitted to be prescribed by rules, or that is necessary or convenient to be prescribed by rules, in relation to the practice or procedure to be followed to give effect to this or any other Act or law conferring jurisdiction or functions on a Local Court, and(b) any matter incidental to, or relating to, any such practice or procedure.(1A) In particular, rules may be made for or with respect to the form of subpoenas issued under Division 4 of Part 4.(2) A rule does not take effect until it has been approved in writing by the Attorney General.(3) The general rules in force under section 15 immediately before the commencement of this section are taken to be rules made by the Rule Committee.
The Second Schedule has effect.