Part 14 Offences punishable by Justices and procedure before Justices generally
Chapter 1 Indictable offences punishable summarily only by consent of the accused
476 Indictable offences punishable summarily with consent of accused
(1) Where a person is charged before a stipendiary magistrate with an offence mentioned in subsection (6) the magistrate may require the person to state whether he intends to plead guilty or not guilty to the charge, and if the person does not so state he shall be taken for the purposes of this section to have stated that he intends to plead not guilty.(2) Where a person states under subsection (1) that he intends to plead not guilty to a charge, and it appears to the magistrate that the case may properly be disposed of summarily and that the person consents to it being so disposed of, the magistrate shall have jurisdiction to hear and determine the charge in a summary manner and pass sentence upon the person.(3) Where a person states under subsection (1) that he intends to plead guilty to a charge the magistrate may accept or reject the plea.(4) Where a magistrate rejects a plea under subsection (3) the proceedings before the magistrate shall continue as though the person had stated under subsection (1) that he intends to plead not guilty.(5) Where a magistrate accepts a plea under subsection (3) and it appears to the magistrate:(a) that the case may be properly disposed of summarily and that the person consents to it being so disposed of, the magistrate shall have jurisdiction to pass sentence upon the person, or(b) that the case may not properly be disposed of summarily, or that the person does not consent to it being so disposed of, the provisions of section 51A of the Justices Act 1902 shall apply as though the person had pleaded guilty to the charge under that section.(6) The offences referred to in subsection (1) are:(a)(i) larceny, and any offence (other than an offence mentioned in section 154A) which under this Act is deemed to be, or is made punishable as, larceny or stealing,(ii) the offence of stealing any chattel, money, or valuable security from the person of another, and(iii) any offence mentioned in section 126, 131, 145, 146, 148, 150, 151, 152, 156, 157, 159, 160, 165, 166, 168, 169, 170, 178A, 178B, 178C, 179, 184, 186, 188, 189, 189A, 190, 192, 195, 196, 197, 201, 202, 210, 249B, 249D, 249E or 249F,where (except in the case of a conveyance as defined for the purposes of section 154A) the value of the property, matter or thing the subject of the charge or the damage thereto, or the amount of money or reward the subject of the charge, does not exceed $15,000,(aa) any offence mentioned in section 52A or 52B except an offence whereby death was occasioned,(b) any offence mentioned in section 61E, 66C (1), 66D, 71, 72, 76 or 76A, where the person upon whom the offence was committed was at the time of the commission of the offence of or above the age of 14 years,(ba) any offence mentioned in section 61M or 61O (2),(c) any offence mentioned in section 81 where the person upon whom the assault was committed was at the time of the assault of or above the age of fourteen years,(d) any offence mentioned in section 35 (a), 53, 54, 57, 78Q, 81A, 81B, 81C, 91A, 91B, 91D, 91E, 91F, 91G, 93B, 93C, 114, 132, 133, 154AA, 158, 172, 173, 174, 175, 176, 176A, 178BA, 178BB, 199, 200, 203, 207, 208 (4), 209, 212, 213, 249C, 249F (where no benefit is concerned), 300, 301, 302, 309 (2), (3) or (4) or 310,(da) any offence mentioned in section 316, 325, 335, 336 or 337,(e) any offence mentioned in section 85 where the person charged is the mother of the child and is not charged with any other person,(ea) any offence mentioned in section 109 where:(i) the felony intended is stealing, or(ii) the felony alleged is stealing and the value of the property stolen does not exceed $15,000,and the person charged was neither armed with an offensive weapon or instrument, nor in company with a person so armed,(f) any offence mentioned in section 112 where:(i) the felony alleged is stealing,(ii) the value of the property stolen does not exceed $15,000, and(iii) the person charged was neither armed with an offensive weapon or instrument, nor equipped with an implement of safe-breaking, nor in company with a person so armed or equipped,(g) any offence mentioned in section 111 or 113 where:(i) the felony intended is stealing, and(ii) the person charged was neither armed with an offensive weapon or instrument, nor equipped with an implement of safe-breaking, nor in company with a person so armed or equipped,(h) escape from lawful custody, except where the escape constitutes an offence against prison discipline within the meaning of Part 4 of the Prisons Act 1952, and(i)(i) attempting to commit,(ii) where the offence is a felony, being an accessory before or after the fact to, or(iii) where the offence is a misdemeanour, aiding, abetting, counselling or procuring the commission of,any offence mentioned in paragraph (a), (aa), (b), (ba), (c), (d), (da), (ea), (f), (g) or (h).(7) Notwithstanding anything in this Act to the contrary, subsection (7A) excepted:(a) the maximum term of imprisonment, or penal servitude, to which a person may be sentenced by a magistrate under this section in respect of any one offence is two years, or the maximum term of imprisonment, or penal servitude, fixed by law (other than by this subsection) in respect of the offence, whichever is the shorter term,(b) the maximum fine which may be imposed by a magistrate under this section is, in respect of any one offence, 100 penalty units, or the maximum fine fixed by law (other than by this subsection) in respect of the offence, whichever is the smaller, and(c) where the maximum punishment which may be imposed by law (other than by this subsection) in respect of an offence is a term of imprisonment or penal servitude, or a fine, or both, the maximum punishment which may be imposed by a magistrate under this section in respect of the offence is that term, or two years, whichever is the shorter term, or that fine, or 100 penalty units, whichever is the smaller fine, or both.(7A) Notwithstanding anything in this Act to the contrary:(a) the maximum term of imprisonment to which a person may be sentenced by a magistrate for any one offence mentioned in section 52A or 52B is 18 months,(b) a magistrate may, instead of imposing a term of imprisonment for an offence disposed of under this section, impose a penalty not exceeding 100 penalty units, and(c) the maximum term of imprisonment to which a person may be sentenced by a magistrate for any one offence mentioned in section 53 or 54 is 12 months.(8) (Repealed)(9) Where, before the commencement of the Crimes and Other Acts (Amendment) Act 1974, a conviction in respect of an offence mentioned in this section would have been a conviction in respect of a felony, a conviction by a magistrate under this section in respect of that offence shall for all purposes be deemed to be a conviction in respect of a felony.(10) Where, pursuant to this section, a magistrate decides to hear and determine a charge in a summary manner after written statements have been admitted as evidence under section 48A of the Justices Act 1902:(a) the magistrate shall enquire of the parties if any of them wish to have any person who made a statement admitted as evidence called to give evidence in the proceedings,(b) if a party requires the attendance of any person referred to in paragraph (a), or if the magistrate is of the opinion that any such person should be called:(i) the magistrate shall direct the attendance of that person to give evidence, and(ii) the statement shall, as soon as the direction is given, be thereafter treated as not being admitted as evidence in the proceedings, unless that party, after requiring the attendance of that person, consents to the re-admission in evidence of the statement or the magistrate, after giving the direction, withdraws the direction, and(c) if the attendance of any person referred to in paragraph (a) is not required, the statement made by the person shall continue to be evidence in the proceedings.(11) Where in any proceedings in which a magistrate decides to hear and determine a charge in a summary manner there are 2 or more defendants, the provisions of subsection (10):(a) apply in relation to each such defendant to the extent only that a written statement referred to in that subsection has been admitted as evidence against that defendant under section 48A of the Justices Act 1902, and(b) so apply in relation to each such defendant as if that defendant were the only defendant,and references in that subsection to a party shall be construed accordingly.(12) Without limiting the powers of the magistrate to adjourn proceedings, the magistrate shall grant such adjournments as appear to be just and reasonable as a consequence of any of the provisions of subsection (10).
Where a charge is disposed of summarily under section 476, the magistrate shall, if the case is dismissed and he is requested to do so, make out and deliver to the person charged with the offence so disposed of, a certificate under the magistrate’s hand stating the fact of the dismissal.
481 Summary conviction or dismissal a bar to indictment
Every conviction upon a charge disposed of summarily under section 476 shall have the same effect as a conviction upon an indictment for the offence would have had, and no person, convicted as aforesaid, or who obtains a certificate of dismissal under section 480, shall be afterwards liable to prosecution for the same cause.
Chapter 3 Other offences punishable summarily
(A) INDICTABLE OFFENCES PUNISHABLE SUMMARILY WITHOUT CONSENT
495 Indictable offences punishable summarily without consent of accused: assaults
(1) Proceedings for an offence under section 56, 58, 59, 61, 61L, 61N or 61O (1) may be disposed of in a summary manner before a Local Court constituted by a Magistrate sitting alone.(2) The penalty that a Local Court may impose for an offence under section 56, 61 or 61N disposed of under this section is imprisonment for a maximum period of 12 months, or a fine not exceeding 20 penalty units, or both.(3) The penalty that a Local Court may impose for an offence under section 58, 59, 61L or 61O (1) disposed of under this section is imprisonment for a maximum period of 2 years, or a fine not exceeding 50 penalty units, or both.(4) The provisions of section 56 of the Justices Act 1902 do not apply to proceedings under this section.(5) A reference in this section to an offence under a provision of this Act includes a reference to an attempt to commit an offence under the provision.
496 Indictable offences punishable summarily without consent of accused: larceny etc
(1) Whosoever commits or attempts to commit:(a) larceny, or(b) the offence of stealing any chattel, money, or valuable security from the person of another, or(c) any offence mentioned in section 125, 126, 131, 132, 133, 139, 140, 144, 148, 150, 151, 152, 156, 157, 158, 159, 160, 178A, 178B, 178BA, 178BB, 178C, 179, 184, 185, 185A, 186, 188, 189, 189A, 190, 192, 247, 249B, 249D, 249E or 249F,and the amount of money or the value of the property in respect of which the offence is charged, or of the reward, does not exceed $5,000, shall on conviction in a summary manner before two justices be liable to imprisonment for twelve months or to pay a fine of $5,000 or both.(1A) If the amount of money or the value of the property does not exceed $2,000, the maximum monetary penalty is 20 penalty units.(2) The jurisdiction conferred on two justices by this section shall be exercisable only by a stipendiary magistrate.(3) The provisions of section 56 of the Justices Act 1902 shall not apply to proceedings under this section.
496A Additional indictable offences punishable summarily without consent of accused
(1) Proceedings for an offence under section 93G, 93H or 154A may be disposed of in a summary manner before a Local Court constituted by a Magistrate sitting alone.(2) The penalty that a Local Court may impose for any such offence disposed of under this section is imprisonment for a maximum period of 2 years, or a fine not exceeding 50 penalty units, or both.(3) The provisions of section 56 of the Justices Act 1902 do not apply to proceedings under this section.(4) A reference in this section to an offence under a provision of this Act includes a reference to an attempt to commit an offence under the provision.
497 General provisions regarding indictable offences punishable summarily without consent of accused
(1) A Local Court may, in its discretion, decline to deal with an offence under section 495, 496 or 496A.(2) Nothing in this section or section 495, 496 or 496A prevents an offence referred to in any of those sections from being dealt with on indictment.(3) In this section, Local Court includes a Magistrate.
500 Exception from jurisdiction
Nothing in section 495 shall authorise Justices to hear and determine any case of assault, in which any question arises as to the title to land, or any interest therein, or accruing therefrom, unless such determination does not involve any determination as to the title to the land or to any interest therein or accruing therefrom.
(B) LARCENY AND SIMILAR OFFENCES
502 Possession of skin etc of stolen cattle
Whosoever, in whose possession there has been found the skin or carcass of any stolen cattle, or of any cattle reasonably suspected to have been stolen, or any part of any such skin or carcass, may be brought before or may be summoned to appear before any two Justices to show in what manner he became possessed of the same, and if there is reasonable cause to believe that he has dishonestly come by the same, and if he fails to satisfy the Justices before whom the case is heard that he obtained the same without any knowledge or reasonable ground to suspect that the same was the skin or carcass, or part of the skin or carcass, of any stolen cattle, he shall be liable to imprisonment for six months, or to pay a fine of 5 penalty units, or both.
Whosoever steals any dog shall, on conviction before two Justices, be liable to imprisonment for six months, or to pay a fine of 5 penalty units, or both.
504 Possessing stolen dog or skin
Whosoever has unlawfully in his possession any stolen dog, or the skin of any such dog, knowing the dog to have been stolen, shall, on conviction before two Justices, be liable to pay a fine of 5 penalty units.
505 Stealing animals etc ordinarily kept in confinement
Whosoever:steals any animal or bird ordinarily kept in a state of confinement, or for any domestic purpose, but not being the subject of larceny at Common Law, or
shall, on conviction before two Justices, be liable to imprisonment for six months, or to pay a fine of 5 penalty units, or both.kills any such animal or bird with intent to steal the same, or any part thereof,
506 Stealing animals etc ordinarily kept in confinement—second offence
Whosoever, having been convicted under this or any former Act of any such offence as is mentioned in section 505, afterwards commits any offence in the said section mentioned shall, on conviction before two Justices, be liable to imprisonment for one year.
507 Possession of stolen animals etc
Whosoever in whose possession there has been found any such animal or bird as in section 505 mentioned, or the skin thereof, respectively, which to his knowledge has been stolen, or is the skin of a stolen animal or bird, shall, on conviction before two Justices, be liable to imprisonment for six months, or to pay a fine of 5 penalty units, or both.
508 Possession of stolen animals etc—second offence
Whosoever, having been convicted, under this or any former Act, of any such offence as is mentioned in section 507, afterwards commits any offence in the said section mentioned, shall, on conviction before two Justices, be liable to imprisonment for one year.
509 Restoration of such stolen animals etc
Any such animal or bird as is mentioned in section 505, or the skin thereof, which has been found in the possession of any person may be restored to the owner thereof by the order of any Justice.
510 Setting engine for deer etc
Whosoever:unlawfully and wilfully sets, or uses, any snare, or engine, for the purpose of taking or killing deer upon any inclosed land in the occupation of the owner of such deer, or
shall, on conviction before two Justices, be liable to pay a fine of 5 penalty units.unlawfully and wilfully destroys any part of the fence of any land where deer are then kept
Whosoever unlawfully and wilfully kills, wounds, or takes, any house-dove, or pigeon, under circumstances not amounting to larceny at Common Law, shall, on conviction before two Justices, be liable to pay a fine of 2 penalty units.
512 Taking fish in waters on private property
Whosoever unlawfully and wilfully takes, or destroys, any fish in any water being private property, shall, on conviction before two Justices, be liable to pay the value of the fish taken or destroyed, in addition to a fine of 0.1 penalty unit.
Larceny of things attached to land
Whosoever steals, or destroys, or damages with intent to steal, the whole, or any part, of any tree, sapling, shrub, or plant, or any underwood shall, on conviction before two Justices, be liable to imprisonment for six months, or to pay a fine of 5 penalty units, or both.
515 Stealing etc live or dead fence etc
Whosoever steals, or cuts, breaks, or throws down with intent to steal, any part of any live or dead fence, or any material set up, or used, as a fence, or any stile, or gate, or any part thereof, respectively, shall, on conviction before two Justices, be liable to pay the value of the property stolen, or the amount of injury done, in addition to a fine of 1 penalty unit.
517 Unlawful possession of trees, fences etc
Whosoever, in whose possession the whole or any part of any tree, sapling, or shrub, or any underwood, or any part of any live or dead fence, or any post, pale, wire, rail, stile, or gate, or any part thereof has been found, on being taken or summoned before two Justices fails to satisfy them that he came lawfully by the same, shall on conviction, before such Justices, be liable to pay the value of the property found, in addition to a fine of 1 penalty unit.
Whosoever steals, or destroys, or damages with intent to steal, any dead wood, lying on land in the occupation of another person shall, on conviction before two Justices, be liable to pay the value of the wood, in addition to a fine of 1 penalty unit.
520 Stealing plants etc in gardens
Whosoever steals, or destroys, or damages with intent to steal, any plant, root, fruit, or vegetable produce, growing in any garden, orchard, pleasure-ground, nursery-ground, hothouse, greenhouse, or conservatory, shall, on conviction before two Justices, be liable to imprisonment for six months, or to pay a fine of 5 penalty units, or both.
521 Stealing plants etc not growing in gardens
Whosoever steals, or destroys, or damages with intent to steal, any cultivated root, or plant, used for the food of man or beast, or for medicine, or for distilling, or dyeing, or for any manufacture, and growing in any inclosed land, not being a garden, orchard, pleasure-ground, or nursery-ground, shall, on conviction before two Justices be liable to pay a fine of 2 penalty units.
521A Stealing of rock, stone etc
Whosoever steals:(a) any rock or rocks,(b) any stone or stones, or(c) any gravel, soil, sand or clay,that is or are in, on or under, or forms or form part of any land shall, on conviction before 2 Justices, be liable to imprisonment for 6 months, or to pay a fine of 5 penalty units, or both.
522 Possession of shipwrecked goods
Whosoever in whose possession any article belonging to a vessel in distress, or wrecked, stranded, or cast on shore, has been found, on being summoned before two Justices, fails to satisfy them that he came lawfully by the same, shall be liable to imprisonment for six months, or to pay a fine of 5 penalty units, or both:And such article shall, by the order of such Justices, be delivered to or for the use of the owner.
523 Offering shipwrecked goods for sale
Whosoever offers for sale any article unlawfully taken, or reasonably suspected to have been so taken, from any vessel in distress, or wrecked, stranded, or cast on shore, and who, on being summoned before two Justices, fails to satisfy them that he came lawfully by such article, or received the same without knowing or having cause to suspect that it had been so taken as aforesaid, shall be liable to imprisonment for six months, or to pay a fine of 5 penalty units, or both.And such article shall, by the order of such Justices, be delivered to or for the use of the owner upon payment of a reasonable reward, to be ascertained by them, to the person who seized the same.
Any person, to whom any article mentioned in section 523 is offered, or any officer of customs or police, may seize the same, and shall carry it to, or give notice of such seizure to, some Justice.
Larceny from a public library, &c
525 Stealing or damaging books etc in public library etc
Whosoever steals, or removes, secretes, or damages with intent to steal, any book, print, manuscript, or other article, or any part thereof, kept for the purposes of reference, or exhibition, or of art, science, or literature, in any public library, or in any building belonging to the Queen, or to any university or college, or the council of any municipality, shall, on conviction before two Justices, be liable to imprisonment for one year, and to pay a fine of 10 penalty units in addition to a fine equal to four times the value of the article stolen, or intended to have been stolen.
Every collection of books, prints, manuscripts, or similar articles, kept in any school-of-arts, or mechanics-institute, or in any building, or room, occupied or habitually used by the members of any association, or municipality, as a reading-room, or library, shall be deemed a public library within the meaning of section 525.
Fraudulently appropriating or retaining property
527 Fraudulently appropriating or retaining property
Whosoever:fraudulently appropriates, to his own use, or that of another, any property belonging to another person, although not originally taken with any fraudulent intent, or
shall, on conviction before two Justices, be liable to imprisonment for six months, or to pay a fine of 5 penalty units, or both.fraudulently retains any such property in order to procure a reward for its restoration,
Obtaining money, &c, by false representation
527A Obtaining money etc by wilfully false representation
Any person who by any wilfully false representation obtains or attempts to obtain any money or valuable thing, or any benefit, from another person, shall be liable on conviction before a stipendiary magistrate to imprisonment for 6 months or to a fine of 4 penalty units.
Any person who fraudulently prepares, causes to be prepared or produces an invoice, receipt or document containing a false statement, with intent to induce the belief that any thing was not stolen or otherwise unlawfully obtained or to prevent any thing from being seized on suspicion of being stolen or otherwise unlawfully obtained or from being produced in evidence concerning an alleged offence, shall be liable on conviction before a stipendiary magistrate to imprisonment for 3 months, or to a fine of 2 penalty units.
Persons unlawfully in possession of property
527C Persons unlawfully in possession of property
(1) Any person who:(a) has any thing in his custody,(b) has any thing in the custody of another person,(c) has any thing in or on premises, whether belonging to or occupied by himself or not, or whether that thing is there for his own use or the use of another, or(d) gives custody of any thing to a person who is not lawfully entitled to possession of the thing,which thing may be reasonably suspected of being stolen or otherwise unlawfully obtained, shall be liable on conviction before a stipendiary magistrate to imprisonment for 6 months, or to a fine of 5 penalty units.(2) It is a sufficient defence to a prosecution for an offence under subsection (1) if the defendant satisfies the court that he had no reasonable grounds for suspecting that the thing referred to in the charge was stolen or otherwise unlawfully obtained.(3) In this section, premises includes any structure, building, vehicle, vessel, whether decked or undecked, or place, whether built upon or not, and any part thereof.
Offering rewards for stolen property
528 Advertising reward for return of stolen property
Whosoever:advertises a reward for the return of any property stolen, or lost, and uses words purporting that no questions will be asked, or makes use of words, in any advertisement, purporting that a reward will, without seizing or making any inquiry after the person producing the same, be given for any such property, or
shall, on conviction before two Justices, be liable to pay a fine of 5 penalty units.promises, or offers, in any advertisement to return any money advanced upon, or paid for, any such property, or publishes any such advertisement,
(1) Any person who tenders for insertion or causes to be inserted in any newspaper any bogus advertisement, knowing the same to be bogus, shall, on conviction before two justices, be liable to imprisonment for three months or to pay a fine of 2 penalty units, or both.(2) For the purposes of this section a bogus advertisement shall mean any advertisement or notice containing any material false statement or representation with respect to any birth, death, engagement, marriage, or employment, or with respect to any matter concerning any person other than the person who tenders the advertisement or causes it to be inserted, or concerning the property of such other person.
545B Intimidation or annoyance by violence or otherwise
(1) Whosoever:(a) with a view to compel any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing, or(b) in consequence of such other person having done any act which he had a legal right to do, or of his having abstained from doing any act which he had a legal right to abstain from doing,wrongfully and without legal authority:(i) uses violence or intimidation to or toward such other person or his wife, child, or dependant, or does any injury to him or to his wife, child, or dependant, or(ii) follows such other person about from place to place, or(iii) hides any tools, clothes, or other property owned or used by such other person, or deprives him of or hinders him in the use thereof, or(iv) watches or besets the house or other place where such other person resides or works, or carries on business, or happens to be, or the approach to such house or place, or(v) follows such other person with two or more other persons in a disorderly manner in or through any street, road, or public place,shall, on conviction before two justices, be liable to imprisonment for six months, or to a fine of 5 penalty units, or both.(2) In this section:Intimidation means the causing of a reasonable apprehension of injury to a person or to any member of his family or to any of his dependants, or of violence or damage to any person or property, and intimidate has a corresponding meaning, and
Injury includes any injury to a person in respect of his property, business, occupation, employment, or other source of income, and also includes any actionable wrong of any nature, and
Watches or besets includes attending at or near any house or place in such numbers or otherwise in such manner as is calculated to intimidate any person in that house or place, or to obstruct the approach thereto or egress therefrom, or to lead to a breach of the peace.
(D3) JOINING UNLAWFUL ASSEMBLIES, &c
545C Knowingly joining or continuing in etc an unlawful assembly
(1) Whosoever knowingly joins an unlawful assembly or continues in it shall be taken to be a member of that assembly, and shall, on conviction before a stipendiary magistrate, be liable to imprisonment for a term not exceeding six months or to a fine not exceeding 5 penalty units, or both.(2) Whosoever being armed with any weapon or loaded arms, or with anything which used as a weapon of offence is likely to cause death or grievous bodily harm, is a member of an unlawful assembly, shall be liable, on conviction before a stipendiary magistrate, to imprisonment for a term not exceeding twelve months or to a fine not exceeding 10 penalty units, or both.(3) Any assembly of five or more persons whose common object is by means of intimidation or injury to compel any person to do what he is not legally bound to do or to abstain from doing what he is legally entitled to do, shall be deemed to be an unlawful assembly.
(D4) UNLAWFUL MAKING OR POSSESSION OF EXPLOSIVES
545D Unlawful making or possession of explosives
Whosoever being charged before two Justices with:(a) having made, or(b) knowingly having in his possession or under his control,any explosive substance, under such circumstances as to give rise to a reasonable suspicion that he did not make such substance, or did not have such substance in his possession or under his control, for a lawful purpose, does not satisfy such Justices that he made the explosive substance, or had such substance in his possession or under his control, for a lawful purpose, shall be liable to imprisonment for a term not exceeding twelve months, or to a fine not exceeding 10 penalty units, or both.
(D5) UNLAWFUL POSSESSION OF CERTAIN DANGEROUS ARTICLES
545E Possession of dangerous articles other than firearms
(1) A person who, in a public place, possesses:(a) anything (not being a firearm within the meaning of the Firearms Act 1989) capable of discharging by any means:(i) any irritant matter in liquid, powder, gas or chemical form or any dense smoke, or(ii) any substance capable of causing bodily harm, or(b) a fuse capable of use with an explosive or a detonator, or(c) a detonator,is liable, on conviction before a Magistrate, to imprisonment for 2 years, or a fine of 50 penalty units, or both.(2) A person is not guilty of an offence under this section for possessing anything referred to in subsection (1) if the person satisfies the court that he or she had a reasonable excuse for possessing it or possessed it for a lawful purpose.
Whosoever, where any offence is by this Act punishable on summary conviction, aids, abets, counsels, or procures the commission of such offence, shall, on conviction before two Justices, be guilty in the same degree, and liable to the same forfeiture, and punishment, as the principal offender.
546A Consorting with convicted persons
Any person who habitually consorts with persons who have been convicted of indictable offences, if he knows that the persons have been convicted of indictable offences, shall be liable on conviction before a stipendiary magistrate to imprisonment for 6 months, or to a fine of 4 penalty units.
(E2) INTENT TO REPEAT INDICTABLE OFFENCE
546B Convicted persons found with intent to commit offence
(1) Any person who, having been convicted of an indictable offence, is found in or near any premises or public place with intent to commit an indictable offence shall be liable on conviction before a stipendiary magistrate to imprisonment for 6 months, or to a fine of 4 penalty units.(2) In this section, premises includes any structure, building, vehicle, vessel, whether decked or undecked, or place, whether built upon or not, and any part thereof.
Any person who resists or hinders or incites any person to assault, resist or hinder a member of the police force in the execution of his duty shall be liable on conviction before a stipendiary magistrate to imprisonment for 12 months or to a fine of 10 penalty units, or both.
(F) RECOGNIZANCE TO KEEP THE PEACE
547 Apprehended violence or injury—recognizance to keep the peace etc
(1) In every case of apprehended violence by any person to the person of another, or of his wife or child, or of apprehended injury to his property, any Justice may on the complaint of the person apprehending such violence or injury, issue a summons or warrant as in any case of apprehended violence to the person, where at present security is required to keep the peace—and any Justice may examine the complainant, and defendant, and their witnesses, as to the truth of the matter alleged, and, if it appears that the apprehension alleged is reasonable, but not otherwise, the Justice may require the defendant to enter into a recognizance to keep the peace, with or without sureties, for a term not exceeding six months, and, in default of its being entered into forthwith, the defendant may be imprisoned for three months, unless such recognizance is sooner entered into.(2) If in any such case the defendant has spoken any offensive or defamatory words to or of the complainant, on an occasion when a breach of the peace might have been induced thereby, he may be required by the Justice to enter into a recognizance, with or without sureties, to be of good behaviour for a term not exceeding twelve months, and, in default of its being entered into forthwith, the defendant may be imprisoned for six months, unless such recognizance is sooner entered into.(3) The Justice, in every such case, may award costs to either complainant or defendant, to be recovered as costs in summary jurisdiction cases are recoverable.
(G) FALSE STATEMENT RESPECTING BIRTHS, DEATHS, OR MARRIAGES
547A False statements respecting births, deaths and marriages
(1) Every person who wilfully gives to any district registrar, or assistant district registrar, appointed under any Act providing for the registration of births or deaths, any false information concerning any birth or death, or the cause of any death, or who wilfully makes any false declaration under or for the purpose of any Act relating to the registration of births or deaths, shall on conviction before two justices be liable to imprisonment for a term not exceeding six months, or to pay a fine not exceeding 1 penalty unit.(2) Any person who wilfully makes any false statement before any minister of religion, or district registrar, authorised to celebrate marriages, or before any person authorised to give his written consent to the marriage of any minor, for the purpose of procuring the celebration of any marriage, or any person who induces or endeavours to induce any person to celebrate a marriage between parties where such first-mentioned person knows that one of such parties is under age, and that the written consent required by law has not previously been obtained, shall upon conviction before two justices be liable to imprisonment for a term not exceeding six months, or to pay a fine not exceeding 1 penalty unit.Editorial note. See Marriage Act 1961 (Commonwealth), sections 96–98.(3) Proceedings for an offence against this section may be commenced within one year after the date of the commission of the offence, and subject to the permission of the Attorney General.
(1) Any person who, by any means, knowingly makes to a member of the police force any false representation that an act has been, or will be, done or that any event has occurred, or will occur, which act or event as so represented is such as calls for an investigation by a member of the police force, shall be liable on conviction before a stipendiary magistrate to imprisonment for 12 months, or to a fine of 50 penalty units, or both.(2) For the purposes of subsection (1), a person shall be deemed to make a representation to a member of the police force if he makes the representation to any other person and the nature of the representation reasonably requires that other person to communicate it to a member of the police force and that person does so communicate it.
Any person who is in, on or near a building without reasonable cause with intent to peep or pry upon another person shall be liable on conviction before a stipendiary magistrate to imprisonment for 3 months, or to a fine of 2 penalty units.
Chapter 4 Procedure, &c, before Justices
Alternative methods of procedure
548 Alternative methods of proceeding before Justices
Where by this Act a person is made liable to imprisonment, or to pay a sum of money, on conviction before Justices, such person may be proceeded against and convicted in a summary way under this Act, so far as it is applicable, or under any Act in force for the time being regulating proceedings on summary convictions, and every provision contained in any such Act shall be applicable to such proceedings as if the same were incorporated in this Act.
549 Offenders may be summoned under existing Acts
The several provisions in any Act regulating summary proceedings before Justices, in force for the time being, respecting the issue of summonses and warrants, shall be applicable for the purpose of compelling the appearance of a person charged with an offence under this Act before any Justice, whether a Police or Stipendiary Magistrate or not, notwithstanding any power of apprehension, or arrest without warrant, given by this Act.
550 Where not necessary to allege particular ownership
In any proceeding before Justices in respect of any of the matters mentioned in the Fourth Schedule, it shall not be necessary to allege that the instrument, document, building, chattel, or other matter or thing, in respect of which the offence was committed, is the property of any person.
551 General averment of intent to defraud or injure
In any proceeding before Justices where it is necessary to allege an intent to defraud, or to injure, it shall be sufficient to allege that the accused did the act with such intent, without alleging an intent to defraud or to injure any particular person.
Jurisdiction of Magistrates not affected by certain matters
552 Jurisdiction of Magistrates in respect of offences arising under Chapter 2 of Part 4
In a case where, by virtue of section 476 or 501, a Magistrate has jurisdiction to deal with a charge arising under Chapter 2 of Part 4 (Criminal destruction and damage), the Magistrate may hear the charge irrespective of whether, in order to determine the charge, it is necessary to determine title to any property.
Reduction of sentence below fixed term
553 Sentence may be for less term or fine of less amount than that fixed
Where by any Act an offender is for any offence made liable to imprisonment for a fixed term or to a fine of any fixed amount the Justice or Justices may nevertheless pass a sentence of imprisonment of less duration or inflict a fine of less amount.
(1) Wherever imprisonment is awarded by a Court of summary jurisdiction for an offence punishable under this, or any other Act, the Court may direct that the offender be imprisoned in any gaol, with either hard labour or light labour.(2) The said Court may, in addition to, or in substitution for any sentence imposing a fine or a term of imprisonment, require the offender to enter into a recognizance, with or without a surety or sureties to be of good behaviour for a term which shall not be less than twelve months or more than three years, and in default of entering into such recognizance, may direct that the offender be imprisoned, or further imprisoned, for a period not exceeding three months with either hard labour or light labour, unless such recognizance is sooner entered into:Provided that in no case shall the total term of such imprisonment and further imprisonment together exceed twelve months.
(3)–(11) (Repealed)
555 Application of forfeitures and penalties
Every sum forfeited for the amount of any injury shall be assessed by the convicting Justices, and paid to the party aggrieved, except where he is unknown, in which case such sum shall be applied in the same manner as a penalty:Every sum imposed as a penalty by Justices, whether in addition to such amount, or otherwise, shall be applied as directed by the Acts in force for the time being providing for the application of penalties:
Provided that, where several persons have joined in the commission of the same offence, and on conviction are severally adjudged to forfeit a sum equivalent to the amount of the injury done, no greater sum shall be paid to the party aggrieved than such amount, and the remaining sum or sums forfeited shall be applied, in the same manner as any penalty imposed by Justices is applied.
556 Summary conviction a bar to further proceedings
(1) Where any person, summarily convicted under this Act, pays the sum or sums adjudged to be paid, together with costs, or receives a remission thereof from the Crown, or suffers the imprisonment provided for non-payment thereof, or the imprisonment adjudged in the first instance, he shall not be liable:(a) to any other criminal proceedings for the same cause,(b) to any civil proceedings for the same cause at the suit of the person laying the information upon which he was summarily convicted under this Act.(2) Any person against whom civil proceedings have been taken in respect of any act or thing done or omitted to be done by him which is an offence of which he might have been convicted summarily without consent under this Act shall be released from all criminal proceedings for the same cause on the information of the person by whom the civil proceedings were taken.