Schedule 1 Amendments relating to criminal procedure changes
(Section 3)
Section 562A Definitions (as amended by the Justices Legislation Repeal and Amendment Act 2001)
Insert after paragraph (b) of the definition of authorised justice in section 562A (1):, or
(c) an employee of the Attorney General’s Department authorised by the Attorney General as an authorised justice for the purposes of this Part.
1.2 Criminal Procedure Act 1986 No 209
[1] Section 50 Form of court attendance notice (as inserted by the Criminal Procedure Amendment (Justices and Local Courts) Act 2001)
Omit section 50 (3) (b). Insert instead:(b) briefly state the particulars of the alleged offence,
[2] Sections 51 and 176 (as inserted by the Criminal Procedure Amendment (Justices and Local Courts) Act 2001)
Omit the sections.
[3] Section 88 Death of person who made statement (as inserted by the Criminal Procedure Amendment (Justices and Local Courts) Act 2001)
Insert after section 88 (2):(3) This section does not apply to a deposition that is admissible under section 284.
[4] Section 158 (as inserted by the Criminal Procedure Amendment (Justices and Local Courts) Act 2001)
Omit the section. Insert instead:158 Transcript of statement in committal proceedings
A transcript of a record of a statement made by an accused person may, unless the court otherwise orders, be given in evidence at the trial of the accused person if it is proved on oath that the record is a true record of the statement made by the accused person and that the transcript is a correct transcript of the record.
[5] Section 175 Form of court attendance notice (as inserted by the Criminal Procedure Amendment (Justices and Local Courts) Act 2001)
Omit section 175 (3) (b). Insert instead:(b) briefly state the particulars of the alleged offence,
[6] Section 183 Brief of evidence to be served on accused person where not guilty plea (as inserted by the Criminal Procedure Amendment (Justices and Local Courts) Act 2001)
Omit “unless the court otherwise orders in accordance with section 187” from section 183 (1).Insert instead “subject to section 187”.
[7] Section 187 When brief of evidence need not be served (as inserted by the Criminal Procedure Amendment (Justices and Local Courts) Act 2001)
Insert after section 187 (4):(5) A prosecutor is not required to serve a brief of evidence in proceedings for an offence of a kind, or proceedings of a kind, prescribed by the regulations.
[8] Section 240 Revocation of warrants (as inserted by the Criminal Procedure Amendment (Justices and Local Courts) Act 2001)
Omit “recalled and cancelled” from section 240 (1).Insert instead “revoked”.
[9] Section 240 (1) (a) (as inserted by the Criminal Procedure Amendment (Justices and Local Courts) Act 2001)
Omit “cancel”. Insert instead “revoke”.
[10] Section 240 (2) (as inserted by the Criminal Procedure Amendment (Justices and Local Courts) Act 2001)
Omit “recall” wherever occurring. Insert instead “revoke”.
[11] Section 313 Warrants (as inserted by the Criminal Procedure Amendment (Justices and Local Courts) Act 2001)
Insert “or signature” after “seal” in section 313 (1).
[12] Section 313 (1) (as inserted by the Criminal Procedure Amendment (Justices and Local Courts) Act 2001)
Insert “or any other Act” after “this Act” where firstly occurring in section 313 (1).
[13] Section 313 (1) (as inserted by the Criminal Procedure Amendment (Justices and Local Courts) Act 2001)
Insert “or signed” after “sealed”.
[14] Section 313 (2) (as inserted by the Criminal Procedure Amendment (Justices and Local Courts) Act 2001)
Insert “or any other Act” after “this Act”.
[15] Section 313 (2) (as inserted by the Criminal Procedure Amendment (Justices and Local Courts) Act 2001)
Insert “or electronic” after “photographic”.
1.3 Gaming Machines Act 2001 No 127
Section 196 Prosecution of unincorporated clubs
Omit section 196 (1) and (2). Insert instead:(1) Proceedings for an offence under this Act or the regulations of which a registered club that is not a body corporate is alleged to be guilty may be commenced against the club in the name of the club.(2) Any such proceedings may, subject to subsection (3), be prosecuted and dealt with in all respects as if the club were a body corporate.
Insert after section 13:(1) The court may at any stage of proceedings adjourn the proceedings in an application or matter generally or to a specified time or place.(2) If the court is not constituted in accordance with this Act because a member of the court is absent, any member of the court who is present, or if no member of the court is present a registrar, may adjourn the court or the hearing of any application of the matter.(3) An adjournment of proceedings may be in such terms as to costs or otherwise as the court thinks fit.(4) This section does not apply to proceedings for offences dealt with by the court.(1) On the hearing of an application under this or any other Act, the court may, of its own motion, or on such terms as to costs or adjournment as it thinks fit, on the application of a party to proceedings:(a) permit the lodging or amendment of any notice or of any document or instrument necessary to the proceedings before the court, and(b) disregard any omission, error, defect or insufficiency in respect of the giving, serving, affixing, keeping affixed, advertising or publishing of the document or instrument or any other matter or thing not going to the substance of the matter before the court.(2) This section does not apply to proceedings for offences dealt with by the court.
1.5 Local Courts Act 1982 No 164
Insert at the end of the section:(2) In particular, the regulations may make provision for or with respect to fees payable in respect of proceedings in criminal or application proceedings in a Local Court or committal proceedings.
[2] Section 28A Rules (as inserted by the Justices Legislation Repeal and Amendment Act 2001)
Insert “or on a Magistrate in committal proceedings” after “Court” in section 28A (1) (a).
Insert after section 28A (2):(3) A rule may be made under this Act in relation to any matter for which a rule-making power is conferred by or under any other Act or law in relation to a matter referred to in subsection (1).(4) Subsection (3) does not prevent a rule being made under the other Act or law, if authorised by that Act or law.
Insert after section 28A:28B Tabling and disallowance of practice notes
A practice note (including any other document, however described, which regulates the practice or procedure of a Local Court, any Division of a Local Court or of any class of proceedings in a Local Court, but excluding a decision of a Local Court) issued by or on behalf of all or any Local Courts is taken to be a statutory rule for the purposes of Part 6 of the Interpretation Act 1987.
[5] Schedule 1 Savings and transitional provisions (as amended by the Justices Legislation Repeal and Amendment Act 2001)
Insert at the end of clause 16:(2) Part 2 of and Schedule 1 to the Justices (General) Regulation 2000 continue to apply, with any necessary modifications, in respect of proceedings before a Local Court or a Magistrate until otherwise provided by the regulations.
1.6 Local Courts (Civil Claims) Act 1970 No 11
Omit section 84 (5).
1.7 Protection of the Environment Operations Act 1997 No 156
Omit the section. Insert instead:268 Issue of noise abatement orders
(1) The occupier of any premises may apply to a Local Court for an order under this section.(2) The application is to be commenced by the issue of an application notice that alleges that the occupier’s occupation of premises is affected by offensive noise.(3) The respondent to the application may be a person alleged to be making or contributing to the noise or the occupier of premises from which the noise is alleged to be emitted.(4) If the Local Court is satisfied (on the balance of probabilities) that the alleged offensive noise exists, or that although abated it is likely to recur on the same premises, the Local Court may make either or both of the following orders:(a) an order directing the respondent to abate the offensive noise within the time specified in the order,(b) an order directing the respondent to prevent a recurrence of the offensive noise.(5) Part 6 of the Local Courts Act 1982 applies to an application under this section.