MAGISTRATES COURT ACT 1930 - TABLE OF PROVISIONS CHAPTER 1--PRELIMINARY 1. Name of Act 2. Dictionary 3. Notes CHAPTER 2--MAGISTRATES COURT AND MAGISTRATES PART 2.1--THE COURT 4. Constitution of court 5. Arrangement of court business PART 2.2--APPOINTMENT AND JURISDICTION OF MAGISTRATES Division 2.2.1--Magistrates other than special magistrates 6. Meaning of magistrate in div 2.2.1 7. Appointment of Chief Magistrate and other magistrates 7AA. Requirements of appointment--magistrates 7A. Eligibility for appointment as magistrate 7B. Seniority of magistrates 7C. Conditions of appointment of magistrates 7D. Term of appointment of magistrates 7E. Acting Chief Magistrate 7F. Retirement 7G. Magistrates not to do other work 7H. Rights of public servants Division 2.2.2--Special magistrates 8. Appointment of special magistrates 8AA. Requirements of appointment--special magistrates 8A. Term of appointment of special magistrates 8B. Conditions of appointment of special magistrates Division 2.2.3--Registrar and other court officers 9. Appointment of registrar etc 9A. Staff assisting registrar 9B. Functions of registrar and deputy registrars Division 2.2.4--Jurisdiction of magistrates 10P. Oath etc of office 11. Acts done beyond ACT 12. Acts by magistrate out of court etc 13. Making of enforcement order after case decided 15. Process not invalid only because of death of magistrate etc 16. Order instead of mandamus order 17. Magistrates may exercise functions of justices of peace PART 2.3--PROTECTION OF MAGISTRATES IN EXECUTION OF THEIR OFFICE 17A. Magistrate sued for act not within jurisdiction 17C. Committal or enforcement order by magistrate on order of court 17D. No action for acts done under Supreme Court order 17E. No action if proceeding confirmed on appeal 17F. Actions in cases prohibited 17G. Payment into court 17H. No action against magistrate for judicial acts in Magistrates 17I. Magistrate sued for acts within magistrate's jurisdiction only liable in case of 17J. Verdict for defendant 17K. Damages CHAPTER 3--CRIMINAL PROCEEDINGS PART 3.1--PRELIMINARY 18A. Definitions for ch 3 PART 3.2--CRIMINAL JURISDICTION 19. Jurisdiction of court 21. Jurisdiction of court if defendant absent from ACT 22. Proceeding of court if it considers offence should be dealt with on PART 3.3--BEGINNING CRIMINAL PROCEEDINGS Division 3.3.1--Beginning criminal proceedings--general 25. Informations Division 3.3.2--Informations 26. Laying of informations 27. Description of people and property and of offences 28. Power of court to amend information 29. Court may adjourn hearing if amendment made 30. Form of information Division 3.3.3--Summonses 37. When magistrate may issue summons 38. Form of summons 41. Service of summons Division 3.3.3A--Court attendance notices 41A. Definitions--div 3.3.3A 41B. Commencing criminal proceeding by court attendance notice 41C. Court attendance notice--service 41D. Court attendance notice--filing 41E. Court attendance notice--relationship to information and Division 3.3.4--Warrants 42. Issue of warrant and summons 43. Procedure on filing indictment 44. Direction of warrant 45. Any police officer may execute warrant 47. Form of arrest warrant 48. Warrant to be in force till executed 49. Sunday warrants PART 3.4--HEARING OF CRIMINAL PROCEEDINGS Division 3.4.1--Hearing of criminal proceedings--general 53. Conduct of case generally 54. If both parties present in court to hear case Division 3.4.2--Warrants for witnesses 62. Definitions--div 3.4.2 63. Warrant to bring witness to court 64. First instance warrant 65. Warrant remains in force until executed 66. Executing a warrant 67. Procedure after arrest 68. Orders following executed warrant Division 3.4.3--Remand 70. Remand of defendant 72. Bringing remanded defendant before court 72A. Bail application hearings--audiovisual links 72B. Defendant's appearance in non-bail proceedings--audiovisual links Division 3.4.4--Committal and recognisance 73A. Extended application of div 3.4.4 74. Remand of defendant before decision 75. Remand of witness or defendant after decision 76. Witnesses may be discharged on recognisance 77. Recognisances 78. Issue of warrant for non-appearance 79. Recognisances taken out of court 80. Forfeited recognisances--how enforced Division 3.4.5--Adjournment of criminal proceedings 83. Magistrate may adjourn court generally 84. Particular cases may be adjourned 85. Proceeding if either party not present at adjourned hearing 86. Proceeding if both parties present at adjourned hearing 87. Witness to attend adjourned etc hearing 88. Postponement of hearing PART 3.5--PROCEEDINGS FOR INDICTABLE OFFENCES Division 3.5.1--Preliminary 88A. Meaning of jury in pt 3.5 Division 3.5.2--Indictable offences--beginning of proceedings 89. Disobedience of summons 89A. Accused person may be excused from attendance before court 90. Committal proceedings--prosecution evidence to be given to accused 90AA. Written statements may be admitted in evidence 90AB. Witnesses generally not to be cross-examined at committal hearing 90ABA. Attendance of accused not required if order made under s 89A 90A. Plea of guilty at committal hearing 91. Proceeding following prosecution evidence 92A. Committal for sentence for indictable offence tried summarily 92B. Depositions as evidence 93. Admissions and confessions Division 3.5.3--Indictable offences--proceedings after hearing of evidence 94. Discharge or committal for trial 95. Depositions of dead or absent people 96. Evidence for defence Division 3.5.4--Indictable offences--costs 97. Discontinued proceeding Division 3.5.5--Indictable offences--witness recognisances 103. Recognisance of witnesses etc 104. Signature of magistrate--notice to witnesses 105. Court may remand noncompliant witness Division 3.5.6--Indictable offences--other provisions 105A. Meaning of certified copy of depositions in div 3.5.6 106. Giving depositions etc to director of public prosecutions 107. Giving documents to proper officer of court 108. Accused person may obtain copies of depositions etc PART 3.6--PROCEEDINGS FOR OFFENCES PUNISHABLE SUMMARILY 108A. Indictable offences dealt with summarily 109. Dismissal or adjournment in absence of informant 110. Hearing in absence of defendant 111. Adjournment if defendant does not appear 113. Proceeding at hearing on defendant's confession 114. If defendant does not admit the case 115. Conduct of summary proceeding PART 3.7--SERVICE AND PLEADING BY POST FOR CERTAIN OFFENCES 116A. Definitions for pt 3.7 116AA. U Meaning of prescribed offence for pt 3.7 [See Endnotes] 116B. Service of summons for prescribed offence 116BA. Giving of notice by registrar 116C. Proof of service 116D. Pleas to prescribed offence 116E. Procedure if plea of guilty entered 116F. Procedure if notice of intention to defend given 116FA. Procedure if defendant pleads not guilty 116G. Procedure if defendant does not plead 116H. Restricted penalties under pt 3.7 116I. Consequences of conviction in absence of defendant PART 3.8--INFRINGEMENT NOTICES FOR CERTAIN OFFENCES Division 3.8.1--Preliminary 117. Definitions for pt 3.8 118. Purpose and effect of pt 3.8 119. Regulations about infringement notice offences Division 3.8.2--Infringement and reminder notices 120. Service of infringement notices 121. Contents of infringement notices 122. Additional information in infringement notices 123. Time for payment of infringement notice penalty 124. Extension of time to pay penalty 125. Effect of payment of infringement notice penalty 126. Application for withdrawal of infringement notice 127. Withdrawal of infringement notice 128. Guidelines about withdrawal of infringement notices 129. Reminder notices 130. Contents of reminder notices 131. Additional information in reminder notices Division 3.8.3--Additional provisions for vehicle-related offences 131A. Meaning of infringement notice 131B. Service of infringement notice on responsible person for vehicles 131C. Liability for vehicle-related offences 131D. Illegal user declarations 131E. Known offender declarations 131F. Sold vehicle declarations 131G. Unknown offender declarations Division 3.8.4--Disputing liability for infringement notices 132. Disputing liability for infringement notice offence 133. Extension of time to dispute liability 134. Procedure if liability disputed Division 3.8.5--Infringement notices--other provisions 134A. Authorised people for infringement notice offences 135. Delegation of administering authority's functions 136. Evidentiary certificates PART 3.9--ENFORCEMENT OF CRIMINAL DECISIONS Division 3.9.1--Enforcement of criminal decisions--general 141. Minute of decision and notice to defendant 142. Formal convictions and orders 143. Consequences if information dismissed 144. Copies of informations and other documents Division 3.9.2--Enforcement of fines 146. Definitions for div 3.9.2 147. Payment of fine 147A. Notice of address etc 147B. Access to particulars of address 147C. Doubtful service 148. Court may allow time to pay 149. Penalty notice 150. Default 151. Default notice 152. Special arrangements 153. Notice for suspension of driver licence etc 154. Access to personal information 154D. Fine defaulters--imprisonment 154E. Young fine defaulters 154F. Young fine defaulters--no capacity to pay 157. Outstanding fine discharged by payment 158. Outstanding fine satisfied by imprisonment 158A. Outstanding fine satisfied by imprisonment--young fine defaulter 160. Conviction or order quashed or set aside 161. Other enforcement provisions not affected Division 3.9.3--Reciprocal enforcement of fines against bodies corporate 166A. Definitions for div 3.9.3 166B. Declarations relating to reciprocating courts 166C. Enforcement of fine 166D. Effect of enforcement by reciprocating court 166E. Registrar to notify payment of territory fine Division 3.9.4--Enforcement of criminal decisions--other provisions 184. Enforcement of costs against informant 191. Accounts to be kept of amounts received 193. Forfeited goods may be sold 194. Enforcement order not void for form only 195. Convictions etc to be given to Supreme Court registrar PART 3.10--CRIMINAL APPEALS Division 3.10.1--Criminal appeals--jurisdiction of Supreme Court 207. Jurisdiction of Supreme Court Division 3.10.2--Appeals in criminal matters 208. Appeals to which div 3.10.2 applies 209. Institution of appeal 210. Substituted service of notice of appeal 214. Appeals in cases other than civil cases 216. Stay of execution pending appeal in certain cases 218. Orders by Supreme Court on appeals 219. No right of appeal under div 3.10.2 if review appeal Division 3.10.2A--Reference appeals in criminal matters 219A. What is a reference appeal? 219AB. Reference appeal in relation to proceeding 219AC. Who may be heard at reference appeal 219AD. Reference appeal decision does not affect verdict Division 3.10.3--Review appeals in criminal matters 219B. Decisions subject to review appeal 219C. How review appeal is instituted 219D. Grounds for review 219E. Report by Magistrate 219F. Powers of Supreme Court Division 3.10.4--Criminal appeals--other provisions 222. Control of Supreme Court over summary convictions 223. Amendment of documents 224. In cases of certiorari order 225. Notice dispensed with 226. Power of court to admit to bail 227. Respecting the amendment of convictions etc 228. No summons or information 229. Distribution of penalty PART 3.11--COSTS IN CRIMINAL MATTERS 244. Costs in criminal matters PART 3.12--SECURITIES IN CRIMINAL MATTERS 249. Securities taken under Act 250. Recovery of amount due under security 252. Sums paid by surety may be recovered from principal 253. Payment enforced by security 254. Enforcement of recognisance CHAPTER 4--CIVIL PROCEEDINGS PART 4.1--PRELIMINARY 256. Application of ch 4 PART 4.2--CIVIL JURISDICTION 257. Personal actions at law--amount or value 258. Power of court to grant relief 259. Rules of equity to prevail 260. Nuisance 261. Disputed debts 262. Cause of action arising, or defendant resident, outside ACT 263. Requests under conventions relating to legal proceedings in civil and commercial 264. Proceedings affecting title to land 265. Disputes under Residential Tenancies Act 266. Complaints under Utilities Act, pt 12 266A. Civil disputes under ACT Civil and Administrative Tribunal Act PART 4.3--CASE STATED FOR SUPREME COURT 267. Case stated PART 4.4--TRANSFER OF PROCEEDINGS FROM OR TO SUPREME COURT 268. Transfer of action from Supreme Court 269. Procedure on transfer of action from Supreme Court 270. Removal of proceedings into Supreme Court 271. Stay of proceedings PART 4.5--CIVIL APPEALS 272. Meaning of appeal--pt 4.5 273. Jurisdiction 274. Cases in which appeal may be brought 276. Evidence on appeal CHAPTER 4A--THE CHILDRENS COURT PART 4A--.1 THE CHILDRENS COURT 287. Childrens Court 288. Jurisdiction of Childrens Court 289. Proceedings where children jointly charged with adults 290. Chief Magistrate to arrange business of Childrens Court 291. Childrens Court Magistrate to hear all matters PART 4A--.2 CHILDRENS COURT MAGISTRATE 291A. Childrens Court Magistrate 291B. Acting Childrens Court Magistrate 291C. Assignment of other magistrates for Childrens Court matters 291D. Completion of part-heard matters PART 4A--.3 CRIMINAL PROCEEDINGS 291E. Procedures for hearing indictable offences 291F. Childrens Court may adjourn hearings to allow access to legal advice 291G. Childrens Court may send cases to Supreme Court for sentencing CHAPTER 5--MISCELLANEOUS PART 5.1--OFFENCES 292. Failure to comply with order in nuisance action 298. Prejudice to employee PART 5.2--OTHER 307. Contempt of court 308. Magistrates Court's seal 309. Directions about procedure etc 310. Hearings generally to be in public 311. Appearance by audiovisual or audio links etc 312. Failure to give evidence--committal 314. Registrar to give directions for preparation of transcript 315. Applications for transcripts 316. Record of proceedings 317. Record of proceedings and transcript 318. Person about to leave ACT may be ordered to be examined or produce 319. Witnesses' rights and liabilities 320. Depositions to be given to registrar 321. Regulation-making power CHAPTER 10--TRANSITIONAL--CHILDREN AND YOUNG PEOPLE ACT 2008 400. Childrens Court Magistrate 401. Existing proceedings in Childrens Court 402. Completion of part-heard matters if magistrate no longer Childrens Court magistrate 403. Transitional regulations 404. Expiry--ch 10 CHAPTER 11--TRANSITIONAL--CRIMES LEGISLATION AMENDMENT ACT 2008 450. Application of amendments--indictable offences 451. Application of certain other amendments 451A. Admissibility of certain written statements made before commencement day 452. Transitional regulations 453. Expiry--ch 11 SCHEDULE 1 DICTIONARY ENDNOTES MAGISTRATES COURT ACT 1930 - LONG TITLE An Act to establish a Magistrates Court, to provide for the appointment of magistrates, and for other purposes MAGISTRATES COURT ACT 1930 - SECT 1 Name of Act This Act is the Magistrates Court Act 1930. MAGISTRATES COURT ACT 1930 - SECT 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere. For example, the signpost definition '"vehicle", for part 3.8 (Infringement notices for certain offences)--see the Road Transport (Vehicle Registration) Act 1999, dictionary.' means that the term 'vehicle' is defined in that dictionary and the definition applies to part 3.8. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). MAGISTRATES COURT ACT 1930 - SECT 3 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. MAGISTRATES COURT ACT 1930 - SECT 4 Constitution of court (1) The Magistrates Court is continued in existence. (2) The jurisdiction of the court may be exercised by a magistrate (other than a special magistrate) or by 1 or more special magistrates. (3) If 2 or more special magistrates are divided in opinion on a case, the case must be-- (a) if there is a majority--decided according to the decision of the majority; or (b) if the court is equally divided in opinion--adjourned for hearing and decision by a magistrate (other than a special magistrate). (4) The rules may provide for the jurisdiction of the court otherwise exercisable by a magistrate to be exercised by the registrar, in the cases and subject to the conditions prescribed under the rules. (5) For the purposes of the exercise of jurisdiction given to the registrar under the rules, this Act has effect, subject to this section, as if the court consisted of the magistrates and the registrar. (6) In this section: "registrar "includes deputy registrar. MAGISTRATES COURT ACT 1930 - SECT 5 Arrangement of court business (1) The Chief Magistrate is responsible for ensuring the orderly and prompt discharge of the Magistrates Court's business. (2) The Chief Magistrate may, subject to consultation with the magistrates that is appropriate and practicable, make arrangements about a magistrate who is to constitute the court in particular matters or classes of matters. (3) In this section: "magistrate" includes special magistrate. MAGISTRATES COURT ACT 1930 - SECT 6 Meaning of magistrate in div 2.2.1 In this division: "magistrate" means-- (a) the Chief Magistrate; or (b) a person who is appointed under section 7 as a magistrate. MAGISTRATES COURT ACT 1930 - SECT 7 Appointment of Chief Magistrate and other magistrates (1) There is to be a Chief Magistrate and other magistrates. (2) The Chief Magistrate and other magistrates are appointed by the Executive. Note For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. (3) If a magistrate is appointed as the Chief Magistrate, the person stops holding the position of magistrate. MAGISTRATES COURT ACT 1930 - SECT 7AA Requirements of appointment--magistrates (1) The Executive must, in relation to the appointment of magistrates, determine-- (a) the criteria that apply to the selection of a person for appointment; and (b) the process for selecting the person. (2) A determination is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. MAGISTRATES COURT ACT 1930 - SECT 7A Eligibility for appointment as magistrate A person is not eligible for appointment as a magistrate unless the person is a lawyer and has been a lawyer for at least 5 years. MAGISTRATES COURT ACT 1930 - SECT 7B Seniority of magistrates Magistrates other than the Chief Magistrate have seniority according to-- (a) the dates their appointments took effect; or (b) if the appointments of 2 or more of them took effect on the same date--the precedence given to them by the instruments of their appointment. MAGISTRATES COURT ACT 1930 - SECT 7C Conditions of appointment of magistrates A magistrate holds the position on the conditions (if any) about matters not provided for under this Act or another territory law that are decided by the Executive. MAGISTRATES COURT ACT 1930 - SECT 7D Term of appointment of magistrates (1) A magistrate is appointed for the term ending when the magistrate turns 65 years old. Note 1 The Judicial Commissions Act 1994, s 4 provides that a magistrate may only be removed from office in accordance with that Act. Note 2 A magistrate's appointment also ends if the magistrate resigns (see Legislation Act, s 210). (2) A person who is at least 65 years old must not be appointed as a magistrate. MAGISTRATES COURT ACT 1930 - SECT 7E Acting Chief Magistrate (1) The Executive may appoint a magistrate to act as Chief Magistrate. Note See the Legislation Act, s 209, div 19.3.2 and div 19.3.2A about acting appointments. (2) If no appointment is made under subsection (1), the senior magistrate who is in the ACT and is able and willing to act must act as Chief Magistrate. MAGISTRATES COURT ACT 1930 - SECT 7F Retirement (1) This section applies if a magistrate is-- (a) an eligible employee for the Superannuation Act 1976 (Cwlth); or (b) a member of the superannuation scheme for the Superannuation Act 1990 (Cwlth); or (c) a member of any other superannuation scheme determined by the Attorney-General. (2) The Executive may retire the magistrate on the ground of invalidity with the magistrate's consent. (3) A determination under subsection (1) (c) is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. MAGISTRATES COURT ACT 1930 - SECT 7G Magistrates not to do other work (1) A magistrate must not practise as a lawyer. (2) A magistrate must not, without the Attorney-General's written consent-- (a) engage in remunerative employment otherwise than in connection with duties as a magistrate; or (b) accept appointment to another position under a law of the Territory, the Commonwealth, a State or another Territory. (3) The Attorney-General must consult with the Chief Magistrate before giving consent. MAGISTRATES COURT ACT 1930 - SECT 7H Rights of public servants (1) A magistrate who was a public servant or APS employee immediately before his or her appointment keeps his or her existing and accruing rights. (2) In this section: "APS employee"--see the Public Service Act 1999 (Cwlth), section 7. MAGISTRATES COURT ACT 1930 - SECT 8 Appointment of special magistrates The Executive may appoint special magistrates. Note For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. MAGISTRATES COURT ACT 1930 - SECT 8AA Requirements of appointment--special magistrates (1) The Executive must, in relation to the appointment of special magistrates, determine-- (a) the criteria that apply to the selection of a person for appointment; and (b) the process for selecting the person. (2) A determination is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. MAGISTRATES COURT ACT 1930 - SECT 8A Term of appointment of special magistrates (1) A special magistrate is appointed-- (a) for the term mentioned in the instrument of appointment; or (b) if a term is not mentioned--for the term ending when the special magistrate turns 70 years old. Note 1 The Judicial Commissions Act 1994, s 4 provides that a magistrate may only be removed from office in accordance with that Act. Note 2 A special magistrate's appointment also ends if the special magistrate resigns (see Legislation Act, s 210). (2) A person who is at least 70 years old must not be appointed as a special magistrate. (3) A person must not be appointed as a special magistrate for a term that extends beyond the person's 70th birthday. MAGISTRATES COURT ACT 1930 - SECT 8B Conditions of appointment of special magistrates A special magistrate holds the position on the conditions (if any) about matters not provided for under this Act or another territory law that are decided by the Executive. MAGISTRATES COURT ACT 1930 - SECT 9 Appointment of registrar etc (1) The Minister may appoint a registrar of the Magistrates Court. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). (2) The registrar may appoint the deputy registrars of the court, bailiffs and other officers that are required. (3) In subsection (2): "registrar" does not include a deputy registrar. MAGISTRATES COURT ACT 1930 - SECT 9A Staff assisting registrar The staff assisting the registrar are to be employed under the Public Sector Management Act 1994. MAGISTRATES COURT ACT 1930 - SECT 9B Functions of registrar and deputy registrars (1) The registrar has power to administer oaths and may exercise the other functions given to the registrar under this Act, another territory law or an order of the court. (2) Subject to this Act and to any directions of the registrar, a deputy registrar may exercise the functions of the registrar under this Act or another territory law. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations and rules (see Legislation Act, s 104). (3) The exercise of a function by a deputy registrar does not affect the power of the registrar to exercise the function. MAGISTRATES COURT ACT 1930 - SECT 10P Oath etc of office (1) A person appointed as the Chief Magistrate, a magistrate or special magistrate must not exercise the functions given to a magistrate under any territory law unless the person has sworn an oath or made an affirmation in accordance with the form in schedule 1. (2) The oath must be sworn or affirmation made before the Chief Justice. MAGISTRATES COURT ACT 1930 - SECT 11 Acts done beyond ACT (1) An act done by a magistrate, because of his or her office, outside the ACT for the purpose of authenticating the signature of a person to an instrument intended to take effect in the ACT is, unless the act is required by law to be done in the ACT, effective for any territory law. (2) An oath or affirmation administered by a magistrate, because of his or her office, outside the ACT in any case in which an oath or affirmation may be administered by a magistrate is, unless the oath or affirmation is required by law to be administered in the ACT, effective for any territory law. MAGISTRATES COURT ACT 1930 - SECT 12 Acts by magistrate out of court etc (1) Any magistrate out of court or the registrar may do all or any of the following: (a) receive an information; (b) issue a summons or warrant on an information; (c) issue a summons or warrant to compel the attendance of a witness; (d) do anything else that is necessary and preliminary to a hearing. (2) Without limiting subsection (1), if a law in force in the ACT provides that an information or complaint may be laid or made before, or a summons or warrant issued by, a court or justice of the peace, the information or complaint may be laid or made, and the summons or warrant may be issued, by a magistrate or the registrar. MAGISTRATES COURT ACT 1930 - SECT 13 Making of enforcement order after case decided After a case has been heard and decided, any magistrate or the registrar may make an enforcement order for the purposes of the case. MAGISTRATES COURT ACT 1930 - SECT 15 Process not invalid only because of death of magistrate etc A summons or warrant issued, or order made, by a magistrate or registrar is not invalid only because of the magistrate or registrar dying or otherwise ceasing to hold the position. MAGISTRATES COURT ACT 1930 - SECT 16 Order instead of mandamus order (1) If a magistrate or registrar refuses to do any act relating to the duties of his or her office as a magistrate or registrar, the party requiring the act to be done may apply to the Supreme Court for an order calling on the magistrate or registrar and also the party to be affected by the act to show cause why the act should not be done, and if good cause is not shown against it, the Supreme Court may make the order absolute, with or without payment of costs. (2) A magistrate or registrar on being served with an order absolute must obey the order, and do the act required by it to be done. MAGISTRATES COURT ACT 1930 - SECT 17 Magistrates may exercise functions of justices of peace If under any law in force in the ACT, anything is required or permitted to be done before, to or by a justice of the peace, it may be done before, to or by a magistrate. MAGISTRATES COURT ACT 1930 - SECT 17A Magistrate sued for act not within jurisdiction (1) Any person injured by an act done by a magistrate in a matter in which by law the magistrate has no jurisdiction or in which the magistrate has exceeded his or her jurisdiction, or by an act done under any conviction or order made or warrant or writ issued by a magistrate in any such matter, may maintain in the Supreme Court an action against the magistrate without alleging in his or her statement of claim that the act complained of was done maliciously and without reasonable and probable cause. (2) No such action is maintainable for anything done under any such conviction or order until after the conviction or order has been quashed or set aside on appeal. (3) No such action is maintainable for anything done under any such warrant that was issued by the magistrate to procure the appearance of the person charged, and that has been followed by a conviction or order in the same matter, until after the conviction or order has been so quashed or set aside. (4) If the lastmentioned warrant has not been followed by a conviction or order, or if it is a warrant on an information of an alleged indictable offence, and if a summons was issued previously to the warrant being issued, and the summons was served on the person charged either personally or by leaving it for the person with someone at the person's last-known or usual home or business address, and the person did not appear according to the exigency of the summons, in that case no action is maintainable against the magistrate for anything done under the warrant. MAGISTRATES COURT ACT 1930 - SECT 17C Committal or enforcement order by magistrate on order of court If a conviction or order is made by the court and a committal order or enforcement order is made for the conviction or order by a magistrate bona fide and without collusion, an action in relation to any defect in the conviction or order or any want of jurisdiction in the court making the conviction or order is maintainable only against the magistrate constituting the court that made the conviction or order. MAGISTRATES COURT ACT 1930 - SECT 17D No action for acts done under Supreme Court order An action is not maintainable against a magistrate for doing an act if the magistrate does the act in accordance with a Supreme Court order. MAGISTRATES COURT ACT 1930 - SECT 17E No action if proceeding confirmed on appeal If a committal order or enforcement order is made by a magistrate on a conviction or order that, either before or after the making of the committal order or enforcement order, is confirmed on appeal, an action is not maintainable against the magistrate who made the committal order or enforcement order for anything done under it because of any defect in the conviction or order. MAGISTRATES COURT ACT 1930 - SECT 17F Actions in cases prohibited If any action, which by this Act is declared to be not maintainable, is brought against a magistrate, the Supreme Court, on application of the defendant, and on affidavit of the facts, may set aside or stay the proceeding with or without costs. MAGISTRATES COURT ACT 1930 - SECT 17G Payment into court (1) After an action under this part has been started but before the case has been heard, a defendant may pay into court the amount the defendant considers appropriate. (2) Judgment must be given for the defendant if the Supreme Court at the trial considers that the plaintiff is not entitled to damages beyond the amount paid into court, and the amount paid into court, or the part of it that is enough to meet the defendant's costs, must be paid out of court to the defendant, and the rest (if any) must be paid to the plaintiff. (3) If the plaintiff accepts the amount paid into court in satisfaction of the plaintiff's damages in the action, the plaintiff may apply to the Supreme Court for an order for the payment of the amount out of court to the plaintiff, with or without costs. (4) If the Supreme Court makes the order, the action is decided and the order is a bar to any other action for the same cause. MAGISTRATES COURT ACT 1930 - SECT 17H No action against magistrate for judicial acts in Magistrates Court An action must not be brought in the Magistrates Court against a magistrate in relation to anything done by the magistrate in the execution of the magistrate's office. MAGISTRATES COURT ACT 1930 - SECT 17I Magistrate sued for acts within magistrate's jurisdiction only liable in case of malice and absence of reasonable and probable cause In an action against a magistrate for any act done by the magistrate in the execution of the magistrate's duty as a magistrate in relation to any matter within the magistrate's jurisdiction as a magistrate, it must be expressly alleged in the statement of claim that the act was done maliciously and without reasonable and probable cause, and if the allegations are denied, and at the trial of the action the plaintiff fails to prove them, judgment must be given for the defendant. MAGISTRATES COURT ACT 1930 - SECT 17J Verdict for defendant If the plaintiff in an action against a magistrate does not prove the cause of action at the trial, judgment must be given for the defendant. MAGISTRATES COURT ACT 1930 - SECT 17K Damages If-- (a) the plaintiff in an action against a magistrate is entitled to recover, and seeks to recover a penalty or other amount paid or raised as a result of a conviction, judgment or order or to recover damages for imprisonment; and (b) it is proved that the plaintiff was guilty of the offence or liable to pay the amount or, for imprisonment, did not undergo any greater punishment than could have been imposed for the offence of which the plaintiff was convicted; the plaintiff is not entitled to recover the penalty or other amount paid or raised or, for imprisonment, damages greater than 1 cent, or any costs in the action. MAGISTRATES COURT ACT 1930 - SECT 18A Definitions for ch 3 In this chapter: "Crimes Act" means the Crimes Act 1900. "decision" includes a committal for trial, admission to bail, and a conviction, order or other decision. "defendant" means a person against whom an information is laid. MAGISTRATES COURT ACT 1930 - SECT 19 Jurisdiction of court If, by any law in force in the ACT, any offence is punishable on summary conviction or any person is made liable to a penalty or punishment or to pay an amount for any offence, act or omission, and no other provision is made for the trial of the person committing the offence, the matter may be heard and decided by the court in a summary way under the provisions of this Act. MAGISTRATES COURT ACT 1930 - SECT 21 Jurisdiction of court if defendant absent from ACT The court has jurisdiction even though the defendant is not in the ACT. MAGISTRATES COURT ACT 1930 - SECT 22 Proceeding of court if it considers offence should be dealt with on indictment If, for an information in relation to an offence that is punishable either summarily or on indictment it appears to the court, on the close of the case for the prosecution, that the offence ought to be dealt with on indictment, the court must abstain from adjudication on the information and must deal with the case for the purpose of committal for trial only. MAGISTRATES COURT ACT 1930 - SECT 25 Informations A proceeding may be started in the court by information laid by the informant or by a lawyer or anyone else representing the informant. MAGISTRATES COURT ACT 1930 - SECT 26 Laying of informations An information may be laid before a magistrate in any case where a person has committed or is suspected of having committed, in the ACT, an indictable offence or an offence that may be dealt with summarily as provided in section 19. MAGISTRATES COURT ACT 1930 - SECT 27 Description of people and property and of offences (1) Such description of people or things as would be sufficient in an indictment is sufficient in informations. (2) The description of any offence in the words of the Act, ordinance, law, order, by-law, regulation, or other instrument creating the offence, or in similar words, is sufficient in law. MAGISTRATES COURT ACT 1930 - SECT 28 Power of court to amend information (1) If at the hearing of any information or summons any objection is taken to an alleged defect in it in substance or form or if objection is taken to any variance between the information or summons and the evidence adduced at the hearing of it, the court may make any amendment in the information or summons that appears to it to be desirable or to be necessary to enable the real question in dispute to be decided. (2) The court must not make an amendment under subsection (1) if it considers that the amendment cannot be made without injustice to the defendant. MAGISTRATES COURT ACT 1930 - SECT 29 Court may adjourn hearing if amendment made If in any case where an amendment in an information or summons has been made under section 28 the court considers that the defendant has been misled by the form in which the information or summons has been made out, it may adjourn the hearing of the case for the period it considers appropriate and may make any order about the costs of the adjournment it considers appropriate. MAGISTRATES COURT ACT 1930 - SECT 30 Form of information (1) If a warrant is intended to be issued in the first instance against the person charged, the information must be in writing and on oath. (2) The oath may be made by the informant or someone else. (3) If a summons instead of a warrant is intended to be issued in the first instance against the person charged, the information may be made orally and without oath. (4) Subsection (3) applies whether or not the law under which the information is laid requires it to be in writing. MAGISTRATES COURT ACT 1930 - SECT 37 When magistrate may issue summons If an information is laid before a magistrate, the magistrate may issue a summons. MAGISTRATES COURT ACT 1930 - SECT 38 Form of summons A summons issued in the case of an information must be directed to the defendant, and must state shortly the matter of the information and require the defendant to appear at a certain time and place before the court, to answer to the information and to be further dealt with according to law. MAGISTRATES COURT ACT 1930 - SECT 41 Service of summons (1) A summons issued in relation to an information may be served on the person to whom it is directed by-- (a) giving a copy of the summons to the person; or (b) by leaving a copy of the summons at the last-known or usual home or business address of the person with someone who appears to be at least 16 years old and to live or be employed at the address. (2) Service of a summons under subsection (1) must be effected at least 72 hours before the time appointed in the summons for the hearing of the information. (3) If it appears to the court or a magistrate or the registrar, by statement on oath or by affidavit, that from any cause service in accordance with subsections (1) and (2) cannot be effected, the court or magistrate or the registrar may extend the time for hearing. (4) Service of a summons in accordance with this section may be proved by the oath of the person who served it or by affidavit or otherwise. MAGISTRATES COURT ACT 1930 - SECT 41A Definitions--div 3.3.3A In this division: "authorised person" means-- (a) a police officer; or (b) a person prescribed by regulation. "court attendance notice"--see section 41B. MAGISTRATES COURT ACT 1930 - SECT 41B Commencing criminal proceeding by court attendance notice (1) A proceeding for an alleged offence may be commenced by serving and filing a notice (a court attendance notice) under this division. (2) A court attendance notice served on a person must-- (a) state the name of the person; and (b) describe the offence to which it relates; and (c) briefly state the particulars of the offence; and (d) state the name of the authorised person serving the notice; and (e) unless a warrant is issued for the arrest of the person or the person is refused bail-- (i) require the person to appear before a magistrate at a stated date, time and place; and (ii) state that failure to appear may result in the person's arrest or in the proceeding being dealt with in the person's absence; and (f) if the person consents to appear before a magistrate at the stated date and time--include a statement, signed by the person, that the person consents to appear at the stated date and time. Note If a form is approved under the Court Procedures Act 2004 for this provision, the form must be used. (3) It is sufficient to describe an offence in the notice in the way the offence is described in the law that creates the offence. (4) The date stated for the person to appear before a magistrate must be-- (a) at least 14 days after the day the notice is served; or (b) if the notice contains a consent signed by the person to appear before a magistrate at an earlier date available to a Magistrate--the date as stated in the notice. (5) The rules may prescribe additional matters that must be included in a court attendance notice. MAGISTRATES COURT ACT 1930 - SECT 41C Court attendance notice--service (1) If an authorised person suspects, on reasonable grounds, that a person has committed an offence, the authorised person may serve a court attendance notice on the person. (2) The notice must be served personally by the authorised person. (3) The Court Procedures Rules 2006, part 6.8 (Service) apply to the service of a court attendance notice as if-- (a) the notice were a document in the proceeding for the offence to which it relates; and (b) the copy of the notice served were a stamped copy. (4) However, the Court Procedures Rules 2006, division 6.8.3 (Service--Magistrates Court) does not apply to service of a court attendance notice. MAGISTRATES COURT ACT 1930 - SECT 41D Court attendance notice--filing (1) A copy of a court attendance notice served on a person must be filed-- (a) not less than 14 days before the day stated in the notice for the person to appear before a magistrate; or (b) if the notice contains a consent signed by the person to appear before a magistrate at a date earlier than 14 days after service of the notice--as soon as practicable. (2) If a warrant is intended to be issued in the first instance against the person, the notice must be filed with a sworn statement about the particulars of the offence stated in the notice. MAGISTRATES COURT ACT 1930 - SECT 41E Court attendance notice--relationship to information and summons (1) This division is additional to, and does not limit, any other provision of a Territory law about an information or summons in relation to a criminal proceeding. (2) A court attendance notice served under this division is taken, for all purposes, to be a summons served under division 3.3.3. (3) A court attendance notice filed under this division is taken, for all purposes, to be an information laid under division 3.3.2. (4) For subsections (2) and (3), a provision mentioned in subsection (1) applies, with any necessary changes and any changes prescribed by regulation-- (a) in relation to a court attendance notice served under this division--as if it were a summons issued under division 3.3.3; and (b) in relation to a court attendance notice filed under this division--as if it were an information laid under division 3.3.2. MAGISTRATES COURT ACT 1930 - SECT 42 Issue of warrant and summons (1) This section applies if-- (a) an information is laid before a magistrate under division 3.3.2 against a person for an offence; and (b) the information is substantiated by the oath of the informant or a witness; and (c) the person is not in custody. (2) The magistrate may issue a warrant for the person's arrest, and for bringing the person before the court to answer to the information and to be further dealt with according to law. (3) However, the magistrate may issue a summons instead of the warrant if the magistrate considers it appropriate. (4) The issue of the summons does not prevent a magistrate from issuing a warrant at any time before or after the time mentioned in the summons for the person's appearance. (5) However, subsection (4) does not authorise the issue of a warrant to bring the person before the court to answer to the information if a summons has been served on the person for the offence in accordance with section 116B (Service of summons for prescribed offence). MAGISTRATES COURT ACT 1930 - SECT 43 Procedure on filing indictment (1) If an indictment in relation to an offence committed in the ACT has been filed in the Supreme Court by the Attorney-General, Attorney-General of the Commonwealth or other officer, authority or person duly appointed in that behalf against any person then at large, whether on bail or not, the registrar of the Supreme Court must at any time after the end of the then sittings of the court if the person so indicted has not already appeared and pleaded to the indictment, on application by or on behalf of the prosecutor, grant to the prosecutor or person applying on the prosecutor's behalf a certificate that the indictment has been filed. (2) On production of the certificate to a magistrate, the magistrate must-- (a) if the person indicted is, at the time of both the application for and the production of the certificate, detained at a correctional centre (including a NSW correctional centre) for any other offence--on proof on oath that the person is the person charged in the indictment, issue a warrant directing the person in charge of the correctional centre to detain the person until, by a habeas corpus order or another order, the person is removed from custody for the purpose of being tried on the indictment, or until the person is otherwise removed or discharged out of custody by due course of law; and (b) in any other case--issue a warrant to apprehend the person so indicted and to cause the person to be brought before the court to be dealt with according to law and the court when any person apprehended under any such warrant is brought before it must on proof on oath that the person is the person charged and named in the indictment, and without further inquiry commit the person for trial or admit the person to bail in accordance with the Bail Act 1992. MAGISTRATES COURT ACT 1930 - SECT 44 Direction of warrant A warrant to apprehend a defendant that the defendant may answer to an information may be directed either to any police officer by name or generally to all police officers within the ACT, without naming them, or to both. MAGISTRATES COURT ACT 1930 - SECT 45 Any police officer may execute warrant If a warrant is directed to all police officers, any police officer may execute the warrant as if it were directed specially to the police officer by name. MAGISTRATES COURT ACT 1930 - SECT 47 Form of arrest warrant A warrant issued on an information must-- (a) briefly state the offence or matter of the information; and (b) name or otherwise describe the person against whom it is issued; and (c) order the police officers to whom it is directed to-- (i) arrest the person; and (ii) bring the person before the court to answer the information and to be further dealt with according to law. MAGISTRATES COURT ACT 1930 - SECT 48 Warrant to be in force till executed A warrant need not be returnable at any particular time, but may remain in force until executed. MAGISTRATES COURT ACT 1930 - SECT 49 Sunday warrants A magistrate may issue a warrant on an information of an indictable offence, or a search warrant, on a Sunday as on any other day. MAGISTRATES COURT ACT 1930 - SECT 53 Conduct of case generally (1) The informant may-- (a) conduct his or her case personally or by a lawyer; and (b) examine and cross-examine the witnesses giving evidence for or against the informant; and (c) if the defendant gives any evidence or examines any witness about anything other than general character--call and examine witnesses in reply. (2) The defendant may-- (a) fully answer and defend personally or by a lawyer; and (b) give evidence; and (c) examine and cross-examine the witnesses giving evidence for or against the defendant. MAGISTRATES COURT ACT 1930 - SECT 54 If both parties present in court to hear case The court must hear and decide an information if both parties to the information appear personally or by lawyers or anyone else appearing for them. MAGISTRATES COURT ACT 1930 - SECT 62 Definitions--div 3.4.2 In this division: "prescribed period "means 18 hours from the time a person is arrested under a warrant. "reporting officer" means the police officer mentioned in section 67 (2) (b). "warrant" means a warrant under this division. MAGISTRATES COURT ACT 1930 - SECT 63 Warrant to bring witness to court (1) The court may issue a warrant for the arrest of a person who is a witness in a hearing if the person-- (a) was informed of the time and place of the hearing; and (b) was required to attend to give evidence at the hearing in accordance with-- (i) a subpoena served on the person; or (ii) an order of the court; or (iii) an undertaking given to the court by the person; and (c) failed to attend the hearing as required; and (d) did not provide the court with a reasonable explanation for not attending. (2) A warrant must not be issued under subsection (1) unless-- (a) the court is satisfied that the party calling the person as a witness in the proceeding has taken reasonably practicable steps to contact the person; and (b) it is in the interests of justice to issue the warrant. (3) In deciding whether it is in the interests of justice to issue a warrant, the court must consider the following: (a) the importance of the evidence the person is expected to give; (b) whether the evidence could be obtained by other means; (c) the nature of the matter being heard; (d) the degree of urgency to resolve the matter; (e) the likelihood that the issue of a warrant would secure the person's attendance at the hearing; (f) if the court has been contacted by the person, or the party calling the person as a witness in the proceeding has contacted the person-- (i) the reason (if any) given by the person for not attending as required; and (ii) the impact of using a warrant for the arrest of the person. MAGISTRATES COURT ACT 1930 - SECT 64 First instance warrant (1) The court may, instead of issuing a subpoena for the attendance of a witness in a hearing, issue a warrant in the first instance for the arrest of the person if it is-- (a) unlikely that the person will attend the hearing to give evidence unless the person is compelled to do so; and (b) in the interests of justice to do so. (2) In deciding whether it is in the interests of justice to issue a warrant, the court must consider the following: (a) the importance of the evidence the person is expected to give; (b) whether the evidence could be obtained by other means; (c) the nature of the matter being heard; (d) the degree of urgency to resolve the matter; (e) the likelihood that the issue of a warrant would secure the person's attendance at the hearing; (f) the impact of using a warrant for the arrest of the person. MAGISTRATES COURT ACT 1930 - SECT 65 Warrant remains in force until executed A warrant remains in force until whichever of the following happens first: (a) the warrant is executed; (b) the court revokes the warrant. MAGISTRATES COURT ACT 1930 - SECT 66 Executing a warrant (1) A warrant authorises a police officer (an executing officer) to-- (a) arrest the person named in the warrant; and (b) bring the person before the court. (2) If an executing officer believes on reasonable grounds that the person named in the warrant is on any premises, the officer is authorised to enter the premises, using not more than necessary and reasonable force in the circumstances, to execute the warrant. (3) However, an executing officer is not authorised to enter a dwelling house to execute the warrant before 6 am or after 9 pm on any day, unless the officer believes on reasonable grounds that it would not be practicable to arrest the person at the dwelling house, or another location, at any other time. (4) An executing officer-- (a) must use not more force than is necessary to arrest the person and remove the person to the place stated in the warrant; and (b) must, before removing the person, explain to the person the purpose of the warrant; and (c) must tell the person of his or her right to contact a lawyer, and allow the person to contact a lawyer if the person wishes to do so; and (d) if a person is under a legal disability--must inform a parent or guardian of the person of the arrest. (5) In this section: "dwelling house" includes a conveyance, and a room in a hotel, motel, boarding house or club, where people ordinarily sleep at night. MAGISTRATES COURT ACT 1930 - SECT 67 Procedure after arrest (1) A person who is arrested under a warrant must be brought before the court-- (a) as soon as practicable after the person is arrested; and (b) within the prescribed period; and (c) in accordance with this section. (2) A person must be brought before the court by a police officer-- (a) if the court is sitting at the time the officer is able to bring the person before the court--in person; or (b) if the court is not sitting at the time the officer is able to bring the person before the court--by telephone call made by the officer to a magistrate to report the execution of the warrant to the court. (3) A person brought before the court must be dealt with in accordance with section 68. (4) A person arrested under a warrant-- (a) may be detained by a police officer for not longer than the prescribed period for the officer to comply with subsection (2); and (b) must be released if the officer cannot comply with that subsection within the prescribed period. MAGISTRATES COURT ACT 1930 - SECT 68 Orders following executed warrant (1) The court may order that the person-- (a) be remanded in custody until the date, time and place specified in the order; or (b) be released on a recognisance, signed by the person, in which the person agrees to appear before the court on a day and at a time and place specified by the court-- (i) in the recognisance; and (ii) in any subsequent notice given or sent to the person by the court; or (c) be released unconditionally. (2) If the court makes any orders in relation to a person under this section, the person must be given written notice of the orders by-- (a) if the court is sitting when the order is made--the court; or (b) if the court is not sitting when the order is made--the reporting officer. (3) Any single period of remand ordered under this section must not be longer than-- (a) 28 days; or (b) if the person chooses to be remanded for a longer period without review--a longer period that the court considers reasonable. (4) Division 3.4.4 applies to a recognisance under this section. MAGISTRATES COURT ACT 1930 - SECT 70 Remand of defendant (1) This section applies if the court considers it is necessary or desirable to adjourn the hearing of a proceeding for an indictable offence-- (a) because of the absence of witnesses; or (b) for any other reasonable cause. (2) The court may-- (a) adjourn the hearing; and (b) order the remand of the defendant into custody for a stated period; and (c) order the chief executive to arrange for the defendant to be brought before the court at a stated time and place for the hearing. Note The court must issue a warrant for the remand of the defendant in the chief executive's custody (see Crimes (Sentence Administration) Act 2005, s 17). (3) If the period of remand is not longer than 3 days, the order may be made orally. Note The Crimes (Sentence Administration) Act 2005, pt 3.2 provides for the chief executive to have custody of the defendant during the remand. (4) Any single period of remand under this section must be no longer than-- (a) 28 days; or (b) if the defendant chooses to be remanded for a longer period without review--a longer period that the court considers reasonable. MAGISTRATES COURT ACT 1930 - SECT 72 Bringing remanded defendant before court The court may order that a defendant remanded under section 70 be brought before the court at any time during the period for which the defendant was remanded. Note The Crimes (Sentence Administration) Act 2005, pt 3.2 and pt 3.3 provide for the chief executive to have custody of the defendant during the remand and to bring the defendant before the court as ordered by the court. MAGISTRATES COURT ACT 1930 - SECT 72A Bail application hearings--audiovisual links (1) This section applies if-- (a) a person in custody is entitled to appear, or is required to appear or be brought, before the court for the hearing of an application for bail; and (b) the hearing could be conducted using an audiovisual link between the court and the place of custody. (2) Unless the court directs otherwise, the hearing must be conducted using the audiovisual link. (3) The court may amend or revoke a direction under subsection (2)-- (a) at any time; and (b) on its own initiative or on application by a party to the bail proceeding. (4) In this section: "audiovisual link"--see the Evidence (Miscellaneous Provisions) Act 1991, dictionary. MAGISTRATES COURT ACT 1930 - SECT 72B Defendant's appearance in non-bail proceedings--audiovisual links (1) This section applies if the court gives a direction under the Evidence (Miscellaneous Provisions) Act 1991, section 20 (Territory courts may take evidence and submissions from outside ACT) or section 32 (1) (Use of link in proceedings) in relation to any part of a proceeding in relation to a defendant remanded under-- (a) section 70 (Remand of defendant); or (b) section 72 (Bringing remanded defendant before court). (2) The chief executive must make arrangements to ensure that the evidence can be taken, or the submission made, in accordance with the court's direction. MAGISTRATES COURT ACT 1930 - SECT 73A Extended application of div 3.4.4 (1) This division applies in relation to a person for whom a warrant prescribed under the rules has been issued under the rules as if all necessary changes, and any changes prescribed under the rules, were made. (2) This section does not limit any other application of this division. MAGISTRATES COURT ACT 1930 - SECT 74 Remand of defendant before decision The court may, at any time before the court gives its decision in a case, order that the defendant be remanded in custody. Note 1 The court must issue a warrant for the remand of the defendant in the chief executive's custody (see Crimes (Sentence Administration) Act 2005, s 17). Note 2 The Crimes (Sentence Administration) Act 2005, pt 3.2 provides for the chief executive to have custody of the defendant during the remand. MAGISTRATES COURT ACT 1930 - SECT 75 Remand of witness or defendant after decision (1) If the court commits a witness or a person sought to be made a witness, it must order that the witness or person be remanded in custody. (2) If the court commits a defendant, it must order that the defendant be remanded in custody. MAGISTRATES COURT ACT 1930 - SECT 76 Witnesses may be discharged on recognisance A witness, other than a witness committed under section 312 (Failure to give evidence--committal), or person sought to be made a witness may be discharged on recognisance. MAGISTRATES COURT ACT 1930 - SECT 77 Recognisances If the court is authorised to discharge the witness, or person sought to be made a witness, on recognisance, it may order his or her discharge on his or her entering into a recognisance, with or without a surety or sureties at its discretion, conditioned for his or her appearance at the time and place to which the hearing is adjourned, or that is named in the recognisance. MAGISTRATES COURT ACT 1930 - SECT 78 Issue of warrant for non-appearance If the witness, or person sought to be made a witness, does not appear at the time and place mentioned in the recognisance, the court may adjourn the hearing, and may issue a warrant for his or her apprehension in accordance with division 3.3.4 (Warrants). MAGISTRATES COURT ACT 1930 - SECT 79 Recognisances taken out of court (1) A recognisance under this Act need not be entered into before the court, but may be entered into by the parties before-- (a) a magistrate; or (b) the registrar; or (c) a police officer in charge of a police station; or (d) if a party is at a correctional centre--the person in charge of the centre. (2) The provisions of this Act in relation to recognisances taken before the court apply in relation to the recognisance as if it had been entered into before the court. MAGISTRATES COURT ACT 1930 - SECT 80 Forfeited recognisances--how enforced If the conditions, or any of them, in a recognisance entered by a witness or a person sought to be made a witness are not complied with, any magistrate may certify on the back of the recognisance in what respect the conditions have not been observed, and give it to the proper officer, to be proceeded on in a similar way as other recognisances, and that certificate is taken to be deemed sufficient prima facie evidence of the recognisance having been forfeited. MAGISTRATES COURT ACT 1930 - SECT 83 Magistrate may adjourn court generally If all the cases have not been heard and decided at any sitting of the court, the magistrate may adjourn the cases remaining unheard or undecided, either to the next day appointed for the holding of the court or to the other time the magistrate considers appropriate. MAGISTRATES COURT ACT 1930 - SECT 84 Particular cases may be adjourned (1) Before or during the hearing or further hearing of an information, the magistrate may adjourn the hearing or further hearing. (2) The magistrate may, by order, release the defendant (whether or not on bail) or remand the defendant in custody. Note 1 If the court remands the defendant in custody it must issue a warrant for the defendant's remand in the chief executive's custody (see Crimes (Sentence Administration) Act 2005, s 17). Note 2 The Crimes (Sentence Administration) Act 2005, part 3.2 provides for the chief executive to have custody of the defendant during the remand. MAGISTRATES COURT ACT 1930 - SECT 85 Proceeding if either party not present at adjourned hearing (1) This section applies if either or both of the parties do not appear personally or by lawyers or anyone else appearing for them at the time and place to which the hearing or further hearing is adjourned. (2) The court may-- (a) go ahead with the hearing or further hearing as if the party or parties were present; or (b) if the informant does not appear--dismiss the information, with or without costs as the court considers just. MAGISTRATES COURT ACT 1930 - SECT 86 Proceeding if both parties present at adjourned hearing (1) This section applies if the parties appear personally or by lawyers or anyone else appearing for them at the time and place to which the hearing or further hearing is adjourned. (2) The court may go ahead with the hearing or further hearing. MAGISTRATES COURT ACT 1930 - SECT 87 Witness to attend adjourned etc hearing (1) This section applies to a person who is required by summons to attend a hearing to give evidence or produce a document if the hearing is adjourned or postponed. (2) The person must attend at the time and place to which the hearing is adjourned or postponed without the issue or service of a further summons. (3) However, the person is entitled to additional expenses for attending. MAGISTRATES COURT ACT 1930 - SECT 88 Postponement of hearing If, on the return of any summons or at any adjournment of the hearing or at the time to which the hearing is postponed, a magistrate is not present, the registrar may, and after the lapse of an hour, at the request of the informant, must, postpone the hearing until the next day when a court will be held at the place mentioned in the summons or to which the case has been so adjourned. MAGISTRATES COURT ACT 1930 - SECT 88A Meaning of jury in pt 3.5 In this part: "jury" means a reasonable jury properly instructed. MAGISTRATES COURT ACT 1930 - SECT 89 Disobedience of summons (1) This section applies if-- (a) a person is alleged by an information to have committed an indictable offence; and (b) a summons is issued against the person; and (c) the person does not appear before the court at the time and place mentioned in the summons; and (d) the court is satisfied, on oath, that the summons was properly served on the person a reasonable time before the time mentioned in the summons for the appearance; and (e) the information is substantiated by the oath of the informant or a witness. (2) The court may issue a warrant for the person's arrest and for bringing the person before the court to answer to the information and to be further dealt with according to law. (3) This section does not apply if an order has been made under section 89A (1) excusing the person from attending before the court. MAGISTRATES COURT ACT 1930 - SECT 89A Accused person may be excused from attendance before court (1) If-- (a) an information for an indictable offence has been laid; and (b) a summons has been issued against the person named in the information; the court may, on an application made by or on behalf of the person, by order excuse the person from attendance before the court to answer the information or for any other purpose in connection with the proceeding begun by the information. (2) An order under subsection (1) may be made-- (a) at any time after the issue of the summons and before the completion of the taking of evidence for the prosecution; and (b) whether or not any evidence has been taken in the proceeding; and (c) whether or not the applicant for the order is before the court or has attended before the court in relation to the proceeding. (3) The court must not make an order under subsection (1) unless the court has been informed, by or on behalf of the applicant, that the applicant is represented by a lawyer for the purposes of the proceeding. (4) The court may, at any time during a proceeding begun by an information for an indictable offence, direct the informant to give to a person in relation to whom an order has been made under subsection (1) written notice requiring the person to attend before the court, for the purposes of the proceeding, at the time and place specified by the court. (5) If-- (a) a person has been excused, under subsection (1), from attendance before the court; and (b) all the evidence for the prosecution has been taken; the court must direct the informant to give to the person a written notice requiring the person to attend, at the time and place specified by the court, to be dealt with in accordance with section 91. (6) A notice under subsection (4) or (5) may be given to a person by-- (a) giving a copy of the notice to the person; or (b) leaving a copy of the notice at the last-known or usual home or business address of the person with someone who appears to be at least 16 years old and to live or be employed at the address. (7) The giving of a notice under subsection (4) or (5) may be proved in the same way as the service of a summons. (8) If an accused person does not attend before the court in accordance with a notice under subsection (4) or (5), the court may issue a warrant for the arrest of the person and for bringing the person before the court at the time and place specified in the warrant. MAGISTRATES COURT ACT 1930 - SECT 90 Committal proceedings--prosecution evidence to be given to accused person (1) This section applies if a person (the accused person) is charged with an indictable offence and a committal hearing is to be held in relation to the charge. (2) Within the period, prescribed under the rules, before the date set for the committal hearing, the informant must serve the following documents on the accused person: (a) a copy of the written statements that the informant proposes to tender at the hearing; (b) for each exhibit identified in the statements--a copy of the exhibit or a notice relating to inspection of it. (3) A copy of the documents served must be filed in the court within the period prescribed under the rules. (4) Before the committal hearing, the accused person or the person's lawyer may ask the informant to allow the accused person or the person's lawyer to-- (a) inspect the exhibits mentioned in the notice (if any) served on the accused person under subsection (2) (b); and (b) if a statement is in the form of a transcript of a recording as mentioned in section 90AA (4)--listen to or view the recording. (5) The informant must comply with a request under subsection (4). (6) Subsection (4) (b) does not entitle the accused person or the person's lawyer to be given or make a copy of the recording. MAGISTRATES COURT ACT 1930 - SECT 90AA Written statements may be admitted in evidence (1) If the informant has served a copy of a written statement on the accused person in accordance with section 90, the court at the committal hearing must (subject to subsection (3)) admit the statement (and any exhibit identified in it) as evidence of the matters in it. (2) The statement is the deposition of the person who made it if admitted into evidence. (3) Subject to subsection (4), a written statement must not be admitted in evidence by the court unless-- (a) it contains the following endorsement by the person who made it: 'This statement made by me accurately sets out the evidence that I would be prepared, if necessary, to give in court as a witness. The statement is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I will be liable to prosecution if I have wilfully stated in it anything that I know to be false or do not believe to be true.'; and (b) it contains a statement that, before the person signed it, the person who made it read the statement or had it read to the person. (4) A written statement that is in the form of a transcript of a recording made by a police officer may be admitted in evidence by the court if-- (a) the transcript is of a recording of an interview with a person during which the person was questioned by the police officer in connection with the investigation of an offence the subject of the proceeding; and (b) a police officer certifies that the statement is an accurate transcript of the recording. (5) If it appears to the court that any part of a written statement tendered in evidence under this section is inadmissible according to the rules of evidence, the court may, if the statement is otherwise admissible under this section, admit that statement, but, if it does so, must identify the part that is inadmissible and must, with reference to that part, write on the statement the words 'ruled inadmissible' or words to that effect. (6) A prosecution witness may give evidence-in-chief in person at a committal hearing only with the court's leave. (7) The court may give leave only-- (a) on application by the prosecution; and (b) if it considers that the interests of justice cannot adequately be satisfied if the witness's evidence-in-chief is not given in person at the hearing. (8) However, a person must not be required to attend and give evidence at a committal hearing in relation to a sexual offence (whether or not the hearing also relates to another offence) if the person is a complainant in relation to the sexual offence. (9) In this section: "sexual offence" means an offence against the Crimes Act 1900, part 3 (Sexual Offences), part 4 (Female genital mutilation) or part 5 (Sexual servitude). MAGISTRATES COURT ACT 1930 - SECT 90AB Witnesses generally not to be cross-examined at committal hearing (1) A witness must not be cross-examined at a committal hearing if-- (a) the hearing relates to a sexual offence (whether or not it relates also to another offence); and (b) the witness is a complainant in relation to the sexual offence. (2) A witness (other than a witness mentioned in subsection (1)) must not be cross-examined at a committal hearing unless, on application by the party seeking to cross-examine the witness, the court is satisfied that-- (a) the party has-- (i) identified an issue to which the proposed questioning relates; and (ii) provided a reason why the evidence of the witness is relevant to the issue; and (iii) explained why the evidence disclosed by the prosecution does not address the issue; and (iv) identified to the court the purpose and general nature of the questions to be put to the witness to address the issue; and (b) the interests of justice cannot adequately be satisfied by leaving cross-examination of the witness about the issue to the trial. (3) In this section: "sexual offence "means an offence against the Crimes Act 1900, part 3 (Sexual offences), part 4 (Female genital mutilation) or part 5 (Sexual servitude). MAGISTRATES COURT ACT 1930 - SECT 90ABA Attendance of accused not required if order made under s 89A The accused person is not required to be present at the committal hearing if the person is excused from attending the hearing under section 89A. MAGISTRATES COURT ACT 1930 - SECT 90A Plea of guilty at committal hearing (1) This section does not apply in relation to a person charged with an indictable offence punishable by imprisonment for life. (2) Subsections (3), (4), (5) and (6) do not apply in relation to a person charged with an offence in relation to which the Crimes Act, section 375 applies. (3) A person (the accused person) who is before the court charged with an indictable offence may at any stage of the proceeding plead guilty to the charge. (4) The court may accept or reject the plea but the rejection of the plea at any stage of the proceeding does not prevent the accused person from pleading guilty under this section at a later stage of the proceeding and the court may accept or reject the plea at that later stage. (5) If the court rejects the plea, the proceeding before the court must continue as if the plea had not been made. (6) If-- (a) the court accepts the plea; and (b) any of the following subparagraphs applies to the offence: (i) the offence is under a law in force in the ACT punishable either on indictment or summary conviction; (ii) the offence may be dealt with summarily without the accused person's consent; (iii) the offence may be dealt with summarily if the accused person consents and the accused person consents to it being dealt with summarily; (iv) the offence may be dealt with summarily if the prosecutor requests and the prosecutor requests that it be dealt with summarily; and (c) it appears to the court that it is proper to deal with the case summarily; the court may, without hearing further evidence, sentence or otherwise deal with the accused person and finally dispose of the charge and all incidental matters. (7) If-- (a) the court accepts the plea; and (b) any of the following subparagraphs applies to the offence: (i) it does not appear to the court that it is proper to deal with the case summarily; (ii) the offence is punishable only on indictment; (iii) the offence may be dealt with summarily if the accused person consents, but the accused person does not consent to it being dealt with summarily; (iv) the offence may be dealt with summarily if the prosecutor requests, but the prosecutor does not request that it be dealt with summarily; (v) this subsection applies to the accused person under the Crimes Act, section 375; the Magistrates Court must commit the accused person to the sittings of the Supreme Court that the Supreme Court directs and the Supreme Court must deal with the accused person in accordance with subsections (8) to (13). (8) A committal under subsection (7) is taken, for all purposes relating to the venue or change of venue of a proceeding consequent on the committal, to be a committal for trial. (9) The Supreme Court may order that the proceeding before the Magistrates Court where the accused person pleaded guilty be continued at a time and place stated in the order. (10) The Supreme Court must make an order under subsection (9) if-- (a) it appears to the Supreme Court from the information or evidence given to or before it that the facts in relation to which the accused person was charged before the Magistrates Court do not support the charge to which the accused person pleaded guilty; or (b) the accused person or a lawyer representing the accused person or informant asks that the order be made. (11) Except if an order is made under subsection (9), the Supreme Court has the same powers of sentencing or otherwise dealing with the accused person and of finally disposing of the charge and of all incidental matters as it would have had if the accused person, on arraignment at any sittings of the court, had pleaded guilty to the offence charged on an indictment filed by the Attorney-General or the Attorney-General of the Commonwealth. (12) The procedure relating to committal for trial applies, as nearly as may be, to a committal under subsection (7) and bail may be granted as on a committal for trial, but a person must not be bound over to give evidence on a committal under that subsection unless the court otherwise orders. (13) If an order is made by the Supreme Court under subsection (9) that the proceeding before a court where an accused person pleaded guilty be continued at a time and place stated in the order-- (a) the proceeding must be continued in all respects as if the accused person had not pleaded guilty and as if the proceeding had been adjourned by the court to the time and place so stated; and (b) the Supreme Court may exercise any power that the Magistrates Court might have exercised under division 3.4.3 (Remand) if the order had been an order made by the Magistrates Court adjourning the proceeding to the stated time and place, and that division applies in relation to the accused person. MAGISTRATES COURT ACT 1930 - SECT 91 Proceeding following prosecution evidence (1) When all the evidence offered by the prosecution in relation to the indictable offence with which the accused person is charged has been taken, the court must charge the accused person with the offence and must say to the accused person these words, or words to the like effect: 'Do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so; but whatever you say may be given in evidence against you on your trial. You are clearly to understand that you have nothing to hope from any promise or favour, and nothing to fear from any threat that may have been held out to you to induce you to make any admission or confession of your guilt; but whatever you now say may be given in evidence against you on your trial, notwithstanding any such promise or threat.'. (2) Subsection (1) does not apply in relation to a person charged with an indictable offence if the court has decided to dispose of the case summarily under a law in force in the ACT. (3) If the court commits the accused person for trial before the Supreme Court, any statement made by the person in reply to the question mentioned in subsection (1) is, on the trial of the accused person, admissible as evidence. (4) Whether or not the accused person makes a statement in reply to the question mentioned in subsection (1), the magistrate must ask the person if the person wishes to give evidence himself or herself or to call any witnesses on his or her behalf and, if the accused person or any other person then gives evidence, the prosecutor is at liberty to cross-examine the witness and to adduce evidence in reply. MAGISTRATES COURT ACT 1930 - SECT 92A Committal for sentence for indictable offence tried summarily (1) On the summary conviction of a person charged with an indictable offence, the court may, if it appears to it that because of the character and antecedents of the person it is desirable that sentence be passed on the person by the Supreme Court, commit the person for sentence to the sittings of the Supreme Court that the court directs. (2) If the court commits a person for sentence under subsection (1), the court must deal with the person in the same way as a person who is committed for trial under section 94 (b). (3) The Supreme Court has the same powers of sentencing or otherwise dealing with a person committed for sentence under this section as it would have had if the person had been convicted in that court. MAGISTRATES COURT ACT 1930 - SECT 92B Depositions as evidence If-- (a) a person is charged with an indictable offence; and (b) the person has not admitted the truth of the charge; and (c) the court has decided to dispose of the case summarily under a law in force in the ACT; the depositions of the witnesses who gave evidence for the prosecution at the preliminary hearing are taken to be evidence given on the hearing of the charge and the witnesses, or any of them, must, if so required by the prosecutor or the defendant, be called or recalled for examination or cross-examination. MAGISTRATES COURT ACT 1930 - SECT 93 Admissions and confessions This Act does not prevent the prosecutor in any case from giving in evidence any admission or confession or other statement of the defendant made at any time if it is admissible as evidence against the defendant. MAGISTRATES COURT ACT 1930 - SECT 94 Discharge or committal for trial When all the evidence for the prosecution and the defence have been taken in relation to the indictable offence with which the accused person is charged, the court must-- (a) if the court is satisfied, having regard to all the evidence before it, that there is no reasonable prospect that the person would be found guilty of an indictable offence--if the person is in custody in relation to the offence, immediately order that the person be released from custody in relation to the offence; or (b) if the court is not satisfied as mentioned in paragraph (a)--commit the person for trial. Note 1 For the meaning of commit a person for trial, see the Legislation Act, dict, pt 1. Note 2 The court must issue a warrant for the remand of the defendant in the chief executive's custody (see Crimes (Sentence Administration) Act 2005, s 17). MAGISTRATES COURT ACT 1930 - SECT 95 Depositions of dead or absent people If, on the trial of a person who has previously been charged before the court with an indictable offence and committed for trial, it is proved-- (a) that a witness whose depositions were taken at the hearing of the charge before the magistrate is dead or so ill as not to be able to travel or to give evidence, or is absent from Australia; and (b) that the depositions of the witness were taken in the presence of the accused person; and (c) that the accused person or a lawyer representing the accused person had a full opportunity of cross-examining the witness; the depositions are admissible as evidence-- (d) if taken in the way specified in section 316 (3)--be read as evidence at the trial of the accused person without further proof unless it is proved that the magistrate by whom the depositions purport to have been signed did not in fact sign them; or (e) if recorded by 1 of the ways specified in section 316 (2)--be read as evidence at the trial of the accused person if it is proved that the record is a correct record of the depositions and that the transcript is a correct transcript of that record. MAGISTRATES COURT ACT 1930 - SECT 96 Evidence for defence If a person is charged with an indictable offence as such, the court is bound to hear any evidence tendered on the person's behalf tending to show that the defendant is not guilty of the offence with which the defendant is charged. MAGISTRATES COURT ACT 1930 - SECT 97 Discontinued proceeding If-- (a) in a proceeding under this part, the court is of the opinion, having regard to all the evidence before it, that there is no reasonable prospect that the person would be convicted of an indictable offence; or (b) a proceeding under this part is discontinued for any other reason; the court may order that the informant pay to the defendant the costs the court considers just. MAGISTRATES COURT ACT 1930 - SECT 103 Recognisance of witnesses etc (1) The court may bind by recognisance every person whose written statement was admitted in evidence under section 90AA, or who was examined before it, to appear at the court at which the defendant is to be tried, and then and there to give evidence against the defendant. (2) The recognisance must particularly specify the profession, trade, or calling of every person who enters into it, together with the person's full name and place of residence. MAGISTRATES COURT ACT 1930 - SECT 104 Signature of magistrate--notice to witnesses Every such recognisance must be duly acknowledged by every person who enters into it, and must be subscribed by the magistrate before whom it is acknowledged, and a notice of it signed by the magistrate must at the same time be given to every person bound by it. MAGISTRATES COURT ACT 1930 - SECT 105 Court may remand noncompliant witness (1) If a witness fails to enter into a recognisance, the court may order the remand of the witness in custody until after the defendant's trial, unless the witness enters into the recognisance before a magistrate. Note The Crimes (Sentence Administration) Act 2005, pt 3.2 provides for the chief executive to have custody of the defendant during the remand. (2) If the witness is remanded under this section, a magistrate may order the chief executive to release the witness from custody in accordance with the order if-- (a) the defendant is not committed for trial for the offence with which the defendant is charged; or (b) the relevant officer declines to file an information against the defendant for the offence; or (c) the witness enters into the recognisance before a magistrate. MAGISTRATES COURT ACT 1930 - SECT 105A Meaning of certified copy of depositions in div 3.5.6 In this division: "certified copy", of depositions, means-- (a) if a record of the deposition was made in accordance with section 316 (2)--a transcript of the record certified in accordance with section 314 (2); or (b) if the depositions were taken down in writing and signed in accordance with section 316 (3)--the depositions as taken down and signed. MAGISTRATES COURT ACT 1930 - SECT 106 Giving depositions etc to director of public prosecutions (1) If a defendant is committed for trial or for sentence, the court must as soon as possible after the conclusion of the case before it, give to the director of public prosecutions or a person authorised by the director of public prosecutions all informations, examinations, depositions, statements, bail undertakings and other documents sworn taken or acknowledged in the case. (2) In this section: "depositions" means a certified copy of depositions. "statement" includes a certified copy of the statement (if any) made by a defendant in reply to the question mentioned in section 91 (1). MAGISTRATES COURT ACT 1930 - SECT 107 Giving documents to proper officer of court (1) After being given the documents and before the day of trial, the director of public prosecutions or a person authorised by the director of public prosecutions has and is subject to the same duties and liabilities in relation to the documents on a certiorari order directed to him or her as the court would have had and been subject to on a certiorari order to it if the documents had not been given. (2) The director of public prosecutions, a person authorised by the director of public prosecutions, the person representing the director of public prosecutions or the person representing the informant, must, at any time after the opening of the Supreme Court at the sitting at which the trial is to be had, give the documents or any of them to the proper officer of the Supreme Court, if the presiding judge so directs. MAGISTRATES COURT ACT 1930 - SECT 108 Accused person may obtain copies of depositions etc (1) This section applies if-- (a) a person is charged with an indictable offence; and (b) the Magistrates Court commits the person for trial before the Supreme Court. (2) At any time before the person's trial before the Supreme Court starts, the person may apply to the registrar-- (a) for certified copies of depositions in the case; and (b) for the evidence given on the cross-examination or the examination of any witnesses in the case. (3) The registrar must give the person the certified copies of depositions and the evidence applied for under subsection (2). (4) If the person is in custody, the person having the custody of the person must give any application under subsection (2) to the registrar. MAGISTRATES COURT ACT 1930 - SECT 108A Indictable offences dealt with summarily If-- (a) a person is charged with an indictable offence; and (b) the court has decided to dispose of the case summarily under a law in force in the ACT; this part applies, so far as it is applicable, to the summary disposal of the case. MAGISTRATES COURT ACT 1930 - SECT 109 Dismissal or adjournment in absence of informant (1) If-- (a) the defendant appears (whether voluntarily, in accordance with a summons or under a warrant) at the time and place for the hearing of an information in relation to an offence punishable summarily; and (b) the informant, having been notified of the time and place for the hearing, does not appear either personally or by a lawyer appearing for the informant; the court must, subject to subsection (2), dismiss the information. (2) The court may, if it considers it is appropriate to do so, adjourn to another day the hearing of an information that would otherwise be dismissed under subsection (1). MAGISTRATES COURT ACT 1930 - SECT 110 Hearing in absence of defendant (1) If a summons has been served in accordance with section 41 and the defendant does not appear when called, the court may either-- (a) proceed to hear and decide the case in the absence of the defendant; or (b) on oath being made before it, substantiating the matter of the information to its satisfaction, issue a warrant for the arrest of the defendant and to bring the defendant before the court to answer to the information and be further dealt with according to law. (2) If the court proceeds under subsection (1) (a)-- (a) the evidence of the informant or another person may be given orally; or (b) a written statement made by the informant or another person may be admitted as evidence of the matters contained in it. (3) A written statement admitted in evidence constitutes the depositions of the person who made the statement. (4) A written statement must not be admitted in evidence unless it is sworn before-- (a) a lawyer; or (b) a justice of the peace; or (c) the registrar; or (d) a person prescribed by regulation or rule. (5) If the court admits a written statement in evidence it may, on its own initiative, adjourn the hearing of the information and require the person who made the statement to attend before the court to give evidence. (6) Although a part of a written statement tendered in evidence under this section is inadmissible according to the rules of evidence, the statement is nevertheless admissible under this section as evidence of the matters contained in the remainder of that statement, but, if the court admits such a statement, the court must identify the part that is inadmissible and must, with reference to that part, write on the statement 'ruled inadmissible' or words to that effect. (7) The court must not sentence a defendant to imprisonment for an offence if the court has heard and decided the case under subsection (1) (a) in the absence of the defendant. (8) The court must set aside an order made in hearing and deciding a case under subsection (1) (a) if-- (a) the defendant applies under the rules to have the order set aside; and (b) the court is satisfied on reasonable grounds that the defendant-- (i) did not know the hearing date; or (ii) did not understand that the court could proceed to hear and decide the case in the defendant's absence if the defendant failed to appear; or (iii) otherwise had a reasonable excuse for failing to appear. MAGISTRATES COURT ACT 1930 - SECT 111 Adjournment if defendant does not appear (1) This section applies if-- (a) the defendant does not appear before the court for the hearing of the information; and (b) the court has issued a warrant for the defendant's arrest. (2) The court must adjourn the hearing until the defendant is arrested. (3) If the defendant is arrested under the warrant, the defendant must be detained in custody until the defendant can be brought before the court at a time and place fixed by the court. (4) The court must give the informant notice of the time and place fixed. MAGISTRATES COURT ACT 1930 - SECT 113 Proceeding at hearing on defendant's confession If the defendant is present at the hearing, the substance of the information must be stated to the defendant, and the defendant must be asked if the defendant has any cause to show why the defendant should not be convicted or why an order should not be made against the defendant, and if the defendant has no cause to show, the court may convict the defendant, or make an order against the defendant accordingly. MAGISTRATES COURT ACT 1930 - SECT 114 If defendant does not admit the case (1) This section applies if the defendant does not admit the truth of the information. (2) The court must hear-- (a) the informant and the informant's witnesses (if any); and (b) if the defendant wants to give evidence--the defendant; and (c) the defendant's witnesses (if any); and (d) if the defendant has given evidence other than about the defendant's general character--the informant's witnesses in reply (if any). (3) Having heard each party and the evidence, the court must decide the information and do 1 of the following as justice requires: (a) convict the defendant; (b) make an order on the defendant; (c) dismiss the information. MAGISTRATES COURT ACT 1930 - SECT 115 Conduct of summary proceeding (1) The defendant or a lawyer representing the defendant may address the court after all the evidence for the informant and the evidence (if any) for the defendant and for the informant in reply has been given. (2) The informant or a lawyer representing the informant may make a closing address. MAGISTRATES COURT ACT 1930 - SECT 116A Definitions for pt 3.7 (1) In this part: "defendant" means a person who has been properly served with a summons in accordance with section 116B. "law in force in the ACT" includes a statute of the Australian National University about parking or traffic. (2) For this part (other than section 116B (2)), a notice to defendant form", "notice of intention to defend form and "plea of guilty form" includes a copy of the form printed on the back of a copy of a summons. MAGISTRATES COURT ACT 1930 - SECT 116AA U Meaning of prescribed offence for pt 3.7 [See Endnotes] [Note: This provision was uncommenced at republication date.] (1) For this part, an offence against a law in force in the ACT is a "prescribed offence" in relation to a person if-- (a) for an offence against the road transport legislation--the maximum fine that can be imposed on the person for the offence is 30 penalty units; or (b) for any other offence--the maximum fine that can be imposed on the person for the offence is 10 penalty units. (2) In subsection (1): "road transport legislation "means the following: (a) the Road Transport (Dimensions and Mass) Act 1990; (b) the Road Transport (Driver Licensing) Act 1990; (c) the Road Transport (General) Act 1999; (d) the Road Transport (Public Passenger Services) Act 2001; (e) the Road Transport (Safety and Traffic Management) Act 1999; (f) the Road Transport (Vehicle Registration) Act 1999; (g) any other Act or any regulation prescribed by regulation. Note 1 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). Note 2 A reference to an Act includes a reference to a provision of an Act, and a reference to a subordinate law includes a reference to a provision of a subordinate law (see Legislation Act, s 7 and s 8). MAGISTRATES COURT ACT 1930 - SECT 116B Service of summons for prescribed offence (1) A summons for a person in relation to a prescribed offence may be served on the person-- (a) by giving 2 copies of the summons to the person; or (b) by sending 2 copies of the summons by prepaid post, addressed to the person, at the person's last-known home or business address; or (c) by leaving 2 copies of the summons at the person's last-known home or business address with someone who appears to be at least 16 years old and to live or be employed at the address. (2) One copy of a summons in relation to a prescribed offence served in accordance with this section must have the notice to defendant form printed on the back of it, and the other copy of that summons so served must have the notice of intention to defend form and the plea of guilty form printed on the back of it. (3) Service of a summons on a person in relation to a prescribed offence in a way mentioned in subsection (1) (a) or (c) must be made not less than 14 days before the day the person is required by the summons to appear before the court. (4) If a summons in relation to a prescribed offence is served in accordance with this section in the way mentioned in subsection (1) (b), the 2 copies of the summons must be sent by post not less than 21 days before the day when the person to whom it is directed is required by the summons to appear before the court. Note If a form is approved under the Court Procedures Act 2004 for this provision, the form must be used. MAGISTRATES COURT ACT 1930 - SECT 116BA Giving of notice by registrar If the registrar is required to give notice to a person under this part, the notice may be given by sending the notice by prepaid post, addressed to the person, at the person's last-known home or business address. MAGISTRATES COURT ACT 1930 - SECT 116C Proof of service (1) Service of a summons or notice for this part may be proved by the oath of the person who served it, by affidavit or otherwise. (2) For this part, if-- (a) a summons has been served in accordance with section 116B; and (b) a copy of the summons is returned to the registrar with the notice of intention to defend form or the plea of guilty form completed; the defendant is taken, unless the contrary is proved, to have completed and signed the form so completed and to have returned the form to the registrar. (3) The plea of guilty form must be signed in the presence of 1 of the following people: (a) the registrar; (b) a lawyer; (c) a justice of the peace; (d) a person prescribed by regulation or rule. MAGISTRATES COURT ACT 1930 - SECT 116D Pleas to prescribed offence A defendant may-- (a) without prejudice to any other means of pleading guilty, enter a plea of guilty by completing the plea of guilty form and returning the form, whether by post or otherwise, to the registrar; or (b) give notice of his or her intention to defend by completing the notice of intention to defend form and returning the form, whether by post or otherwise, to the registrar. MAGISTRATES COURT ACT 1930 - SECT 116E Procedure if plea of guilty entered (1) If-- (a) a defendant enters a plea of guilty in accordance with section 116D; and (b) the defendant-- (i) does not appear at the hearing; or (ii) appears but does not withdraw his or her plea of guilty; and (c) the court accepts the plea of guilty; the court must record a plea of guilty and decide the proceeding accordingly. (2) The court must, in deciding a proceeding under subsection (1), have regard to the matters (if any) drawn to the attention of the court in the plea of guilty and must give to the matters the weight that to the court considers proper. (3) If the court declines to accept a plea of guilty entered in accordance with section 116D-- (a) the court must adjourn the hearing and fix a time and place for the hearing of the proceeding; and (b) if the defendant is not before the court--the registrar must give to the defendant notice of the time and place fixed. (4) If a defendant does not appear at the time and place fixed under subsection (3), the court may hear and decide the proceeding in the absence of the defendant. MAGISTRATES COURT ACT 1930 - SECT 116F Procedure if notice of intention to defend given If a defendant returns the notice of intention to defend form to the registrar before the day when the defendant is required by the summons to appear before the court-- (a) the court must fix a time and place for the hearing of the proceeding; and (b) the registrar must give to the defendant notice of the time and place fixed. MAGISTRATES COURT ACT 1930 - SECT 116FA Procedure if defendant pleads not guilty If the defendant appears before the court at the time and place at which the defendant is required by the summons to appear and pleads not guilty, the court must adjourn the hearing, fix a time and place for the hearing of the proceeding and inform the defendant of the time and place fixed. MAGISTRATES COURT ACT 1930 - SECT 116G Procedure if defendant does not plead If-- (a) a summons has been served in accordance with section 116B; and (b) either-- (i) the defendant does not enter a plea of guilty in accordance with section 116D or return the notice of intention to defend form to the registrar before the day when the defendant is required by the summons to appear before the court, and does not appear before the court at the time and place specified in the summons; or (ii) the defendant does not appear before the court at the time and place specified in the notice given to the defendant in accordance with section 116F or fixed by the court in accordance with section 116FA; and (c) the court is satisfied-- (i) that the matters alleged in the summons are reasonably sufficient to inform the defendant of the offence alleged against the defendant; and (ii) that the matters alleged in the summons constitute the offence charged in the summons; the court may convict the defendant of the offence charged in the summons. MAGISTRATES COURT ACT 1930 - SECT 116H Restricted penalties under pt 3.7 (1) Subject to subsection (3), if-- (a) a defendant is convicted under this part of an offence against a law mentioned in a paragraph of section 116AA (1); and (b) at the time that the defendant is sentenced, the defendant is not before the court or is not represented before the court by a lawyer; the only penalty that the court may impose is a fine of an amount not exceeding the amount mentioned in that paragraph. (2) If-- (a) the court convicts a defendant of an offence against a law mentioned in a paragraph of section 116AA (1); and (b) the law provides in effect that a penalty other than a fine may be imposed on the defendant; and (c) when the defendant is sentenced, the defendant is not before the court or is not represented before the court by a lawyer; and (d) the court considers that a penalty other than a fine may be appropriate; the court must adjourn the hearing and fix a time and place for sentence. (3) The registrar must give the defendant notice of the time and place fixed. (4) If a defendant convicted of an offence against a law mentioned in a paragraph of section 116AA (1) does not appear at the time and place fixed under subsection (2), the court, in the absence of the defendant, may impose on the defendant any penalty that is applicable under that law. MAGISTRATES COURT ACT 1930 - SECT 116I Consequences of conviction in absence of defendant If a defendant is, in his or her absence, convicted of an offence, the registrar must give to the defendant written notice of-- (a) the conviction and order of the court; and (b) the penalty (if any) imposed by the court, and the way in which and the time by which the penalty is required to be discharged; and (c) unless the proceeding is decided in accordance with section 116E (1), the defendant's right to apply for the setting aside of the conviction or order in accordance with the rules. MAGISTRATES COURT ACT 1930 - SECT 117 Definitions for pt 3.8 In this part: "administering authority", for an infringement notice offence, means the entity that, under the regulations, is the administering authority for the offence. "another jurisdiction" means a jurisdiction other than the ACT. "authorised person"--see section 134A (3). "date of service", of an infringement notice or reminder notice that has been, or is to be, served on a person, means the date the notice is served on the person. "driver", of a vehicle, means the person who is driving the vehicle. "home address", of a person, means the address of the place where the person usually lives. "illegal user declaration"--see section 131D. "infringement notice" means a notice under section 120 (Service of infringement notices). "infringement notice offence" means an offence declared under the regulations to be an offence to which this part applies. "infringement notice penalty", for a person for an infringement notice offence, means-- (a) the amount prescribed by regulation as the penalty payable by the person for the offence under an infringement notice for the offence; or (b) if a reminder notice has also been served on the person for the offence--the total of the amount mentioned in paragraph (a) and the amount prescribed by regulation as the amount payable by the person for the cost of serving the reminder notice. "known offender declaration"--see section 131E. "registered", for a vehicle, means registered under the Road Transport (Vehicle Registration) Act 1999. "reminder notice" means a notice under section 129 (Reminder notices). "responsible person", for a vehicle--see the Road Transport (General) Act 1999, section 10 and section 11. "sold vehicle declaration"--see section 131F. "unknown offender declaration"--see section 131G. "vehicle"--see the Road Transport (Vehicle Registration) Act 1999, dictionary. "vehicle-related offence" means an infringement notice offence that-- (a) involves a vehicle; and (b) is declared by regulation to be an offence to which division 8.2A applies. MAGISTRATES COURT ACT 1930 - SECT 118 Purpose and effect of pt 3.8 (1) The purpose of this part is to create a system of infringement notices for certain offences as an alternative to prosecution. (2) This part does not-- (a) require an infringement or reminder notice to be served on a person; or (b) affect the liability of a person to be prosecuted for an offence if-- (i) an infringement or reminder notice is not served on the person for the offence; or (ii) the person does not comply with an infringement or reminder notice served on the person for the offence; or (iii) an infringement notice served on the person for the offence is withdrawn; or (c) prevent the service of 2 or more infringement notices on a person for an offence; or (d) limit or otherwise affect the penalty that may be imposed by a court on a person for an offence. MAGISTRATES COURT ACT 1930 - SECT 119 Regulations about infringement notice offences (1) A regulation may prescribe an offence for the definition of "infringement notice offence" in section 117 by-- (a) stating the offence; or (b) referring to the provision creating the offence; or (c) providing that all offences, or all offences except for stated offences, against an Act or subordinate law are infringement notice offences. (2) Subsection (1) does not limit the way that a regulation may prescribe an offence for that definition. (3) A regulation may, for the definition of infringement notice penalty in section 117, prescribe-- (a) an amount as the penalty payable by anyone for an offence if it is dealt with under this part; or (b) different amounts as the penalties payable for different offences if they are dealt with under this part; or (c) different amounts as the penalties payable for the same kind of offence committed by different people or in different circumstances if the offence is dealt with under this part. (4) However, an infringement notice penalty prescribed for a person for an offence must not exceed the maximum fine that could be imposed by a court on the person for the offence. (5) Subsection (3) does not limit the way that a regulation may prescribe an amount for that definition. MAGISTRATES COURT ACT 1930 - SECT 120 Service of infringement notices (1) If an authorised person believes, on reasonable grounds, that a person has committed an infringement notice offence, the authorised person may serve a notice (an infringement notice) on the person for the offence. (2) A regulation may make provision in relation to when an authorised person is, or is not, taken to have reasonable grounds for a belief mentioned in subsection (1). (3) To remove any doubt, an authorised person may not serve an infringement notice on a person under this section for an offence after the end of the time within which a prosecution may be brought for the offence. (4) This section does not prevent an infringement notice for a vehicle-related offence being served on a person under section 131B (Service of infringement notice on responsible person for vehicle). MAGISTRATES COURT ACT 1930 - SECT 121 Contents of infringement notices (1) An infringement notice served on a person by an authorised person for an infringement notice offence must-- (a) be identified by a unique number; and (b) state the date of service of the notice; and (c) state-- (i) the full name, or surname and initials, and address of the person on whom the notice is served; or (ii) the particulars that are, under the regulations, identifying particulars for the person; and (d) give brief details of the offence, including the Act or subordinate law, and the provision of it, contravened by the person, and-- (i) if the offence took place over a period--the period, or approximate period, when the offence was committed; or (ii) in any other case--the place where the offence was committed and the date and approximate time of the offence; and (e) state the infringement notice penalty payable by the person for the offence; and (f) contain the information required by section 122 (Additional information in infringement notices); and (g) identify the authorised person in accordance with the regulations; and (h) include any other information required by regulation and any additional information that the administering authority considers appropriate. (2) A regulation may provide that subsection (1) (c) does not apply to an infringement notice. MAGISTRATES COURT ACT 1930 - SECT 122 Additional information in infringement notices (1) The infringement notice must also tell the person on whom it is served that-- (a) the person may pay the infringement notice penalty for the offence or dispute liability for the offence within 28 days after the day when the notice is served on the person (the date of service of the notice); and (b) the person may apply to the administering authority for additional time in which to pay the penalty or dispute liability for the offence; and (c) the notice may be withdrawn before or after the penalty is paid; and (d) if the person pays the penalty within the 28 days (or any additional time allowed by the administering authority), then, unless the infringement notice is withdrawn and any penalty refunded-- (i) any liability of the person for the offence is discharged; and (ii) the person will not be prosecuted in court for the offence; and (iii) the person will not be taken to have been convicted of the offence; and (e) if the person wishes to dispute liability for the offence, the issue may be referred to the Magistrates Court; and (f) if the Magistrates Court finds against the person or the person is prosecuted in court for the offence, the person may be convicted of the offence and ordered to pay a penalty and costs, and be subject to other court orders; and (g) if the person does not pay the infringement notice penalty, or disputes liability for the offence, within the 28 days (or any additional time allowed by the administering authority), a reminder notice may be served on the person for the offence or the person may be prosecuted in court for the offence; and (h) if a reminder notice is served on the person, the infringement notice penalty is increased by the amount payable by the person for the cost of serving the reminder notice. (2) In addition, the infringement notice must-- (a) explain how the person may pay the infringement notice penalty or dispute liability for the offence; and (b) explain how the person may apply for additional time to pay the infringement notice penalty or dispute liability for the offence. MAGISTRATES COURT ACT 1930 - SECT 123 Time for payment of infringement notice penalty The infringement notice penalty payable by a person under an infringement notice or reminder notice is payable-- (a) within 28 days after the date of service of the notice; or (b) if the person applies to the administering authority within the 28 days for additional time to pay and the additional time is allowed--within the additional time allowed by the administering authority; or (c) if the person applies to the administering authority within the 28 days for additional time to pay and the application is refused--within 7 days after the day the person is told of the refusal or 28 days after the date of service of the notice, whichever is later. MAGISTRATES COURT ACT 1930 - SECT 124 Extension of time to pay penalty (1) The person on whom an infringement notice or reminder notice is served may apply, in writing, to the administering authority, within 28 days after the date of service of the notice, for a stated additional time (of not longer than 6 months) in which to pay the infringement notice penalty. (2) The administering authority must-- (a) allow or refuse to allow the additional time; and (b) tell the person in writing of the decision and, if the decision is a refusal, the reasons for it. MAGISTRATES COURT ACT 1930 - SECT 125 Effect of payment of infringement notice penalty (1) This section applies if-- (a) an infringement notice has been served on a person for an infringement notice offence; and (b) the person pays the infringement notice penalty for the offence in accordance with this part; and (c) when the payment is made, the infringement notice had not been withdrawn and an information had not been laid in the Magistrates Court against the person for the offence. Note Section 127 (Withdrawal of infringement notice) provides for the withdrawal at any time of an infringement notice that has been served on a person. If s 125 applied to the infringement notice offence, it ceases to apply, and is taken never to have applied, on the withdrawal of the notice (see s 127 (4)). (2) If this section applies-- (a) any liability of the person for the offence is discharged; and (b) the person must not be prosecuted in a court for the offence; and (c) the person is not taken to have been convicted of the offence. (3) If 2 or more infringement notices were served on the person for the offence, then, unless all the infringement notices have been withdrawn, subsection (2) applies to the person in relation to the offence if the person pays, in accordance with this part, the infringement notice penalty in relation to any of the notices (together with any costs and disbursements payable under this part in relation to the notice). MAGISTRATES COURT ACT 1930 - SECT 126 Application for withdrawal of infringement notice (1) The person on whom an infringement notice for an infringement notice offence is served may apply to the administering authority, in writing, for the withdrawal of the notice within 28 days after the day when the infringement notice, or a reminder notice for the offence, is served on the person (or any additional time allowed by the administering authority). (2) The administering authority must-- (a) withdraw the notice or refuse to withdraw the notice; and (b) tell the person in writing of the decision and, if the decision is a refusal, the reasons for it. MAGISTRATES COURT ACT 1930 - SECT 127 Withdrawal of infringement notice (1) This section applies to an infringement notice that has been served on a person for an infringement notice offence. (2) The administering authority may, by notice served on the person, withdraw the infringement notice, whether or not-- (a) the person has made an application for the withdrawal of the infringement notice; or (b) the infringement notice penalty (or part of it) has been paid for the offence; or (c) the person has disputed liability for the infringement notice offence. (3) The notice must-- (a) include the number of the infringement notice and the date of service of the infringement notice; and (b) tell the person that the infringement notice is withdrawn and, in general terms, about subsection (4). (4) On service of the notice-- (a) this part ceases to apply to the infringement notice; and (b) if the infringement notice penalty (or part of it) has been paid--the amount paid must be repaid by the administering authority; and (c) if section 125 (Effect of payment of infringement notice penalty) applies to the offence--the section ceases to apply, and is taken never to have applied, to the offence; and (d) a proceeding for the offence may be taken in a court against anyone (including the person) as if the infringement notice had not been served on the person. MAGISTRATES COURT ACT 1930 - SECT 128 Guidelines about withdrawal of infringement notices (1) The Minister may, in writing, issue guidelines about the exercise of an administering authority's functions under section 126 (Application for withdrawal of infringement notice), section 127 (Withdrawal of infringement notice) or section 133 (Extension of time to dispute liability). (2) The administering authority for an infringement notice offence must comply with any guidelines applying to the offence. (3) A guideline is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. MAGISTRATES COURT ACT 1930 - SECT 129 Reminder notices An authorised person may serve a notice (a reminder notice) on a person if-- (a) an infringement notice has been served on the person for an infringement notice offence; and (b) the infringement notice has not been withdrawn; and (c) the infringement notice penalty has not been paid to the administering authority within the time for payment under this part; and (d) written notice disputing liability has not been given to the administering authority in accordance with this part; and (e) a reminder notice has not previously been served on the person for the offence. MAGISTRATES COURT ACT 1930 - SECT 130 Contents of reminder notices A reminder notice served on a person by an authorised person for an infringement notice offence must-- (a) be identified by a unique number; and (b) include the following information: (i) the Act or subordinate law, and the provision of it, contravened by the person; (ii) the number of the infringement notice served on the person for the offence; (iii) the date of service of the infringement notice; and (c) state the date of service of the reminder notice; and (d) state the infringement notice penalty that is now payable by the person for the offence; and (e) contain the information required by section 131 (Additional information in reminder notices); and (f) identify the authorised person in accordance with the regulations; and (g) include any other information required by regulation and any additional information that the administering authority considers appropriate. MAGISTRATES COURT ACT 1930 - SECT 131 Additional information in reminder notices (1) The reminder notice must also tell the person on whom it is served that-- (a) the infringement notice penalty for the offence has not been paid; and (b) the infringement notice has not been withdrawn; and (c) written notice disputing liability has not been received by the administering authority from the person for the offence; and (d) the infringement notice penalty for the offence has been increased by the amount payable by the person for the cost of serving the reminder notice; and (e) the person may pay the infringement notice penalty that is now payable by the person for the offence or dispute liability for the offence within 28 days after the day when the reminder notice is served on the person (the date of service of the notice); and (f) the person may apply to the administering authority for additional time in which to pay the penalty or dispute liability for the offence; and (g) the infringement notice may be withdrawn before or after the penalty is paid; and (h) if the person pays the penalty within the 28 days (or any additional time allowed by the administering authority), then, unless the infringement notice is withdrawn and any penalty refunded-- (i) any liability of the person for the offence is discharged; and (ii) the person will not be prosecuted in court for the offence; and (iii) the person will not be taken to have been convicted of the offence; and (i) if the person wishes to dispute liability for the offence, the issue may be referred to the Magistrates Court; and (j) if the Magistrates Court finds against the person or the person is prosecuted in court for the offence, the person may be convicted of the offence and ordered to pay a penalty and costs, and be subject to other court orders; and (k) if the person does not pay the infringement notice penalty, or dispute liability for the offence, within the 28 days (or any additional time allowed by the administering authority), the person may be prosecuted in court for the offence. (2) In addition, the reminder notice must-- (a) explain how the person may pay the infringement notice penalty or dispute liability for the offence; and (b) explain how the person may apply for additional time to pay the infringement notice penalty or dispute liability for the offence. MAGISTRATES COURT ACT 1930 - SECT 131A Meaning of infringement notice In this division: "infringement notice" means an infringement notice for a vehicle-related offence. MAGISTRATES COURT ACT 1930 - SECT 131B Service of infringement notice on responsible person for vehicles (1) This section applies if an authorised person believes, on reasonable grounds, that a vehicle-related offence has been committed. (2) The authorised person may serve an infringement notice for the offence on-- (a) the responsible person for the vehicle at the time of the offence; or (b) if there is more than 1 responsible person for the vehicle at that time--each or any of them. Note 1 For how documents may be served, see the Legislation Act, pt 19.5 Note 2 Subsections (3) and (4) provide additional ways for serving infringement notices (see Legislation Act, s 251 (1)). (3) If the infringement notice is to be served on a person under this section by post and the vehicle is registered under a law of another jurisdiction corresponding to the Road Transport (Vehicle Registration) Act 1999, the notice may be served by sending it by prepaid post, addressed to the person, to the latest address of the person in the registration records kept under that law. (4) An infringement notice for a vehicle-related offence may be served by securely placing or attaching the notice, addressed to the responsible person (without further description), on or to the vehicle in a conspicuous position. (5) If an infringement notice is served in the way mentioned in subsection (4), it is taken to have been served, on the day that it is placed on or attached to the vehicle, on-- (a) the responsible person for the vehicle; or (b) if there is more than 1 responsible person for the vehicle at that time--each of them. (6) A person must not remove, deface or interfere with an infringement notice placed on, or attached to, a vehicle unless the person is the driver of the vehicle or the responsible person (or a responsible person) for the vehicle. Maximum penalty: 20 penalty units. (7) A regulation may provide that an infringement notice for a vehicle-related offence may only be served on a person under this section within the prescribed period after the day the offence was committed. (8) To remove any doubt, an authorised person may not serve an infringement notice on a person under this section for an offence after-- (a) if a regulation under subsection (7) prescribes a period for the offence--the end of the prescribed period; or (b) in any other case--the end of the time within which a prosecution may be brought against the person for the offence. (9) This section does not prevent an infringement notice for a vehicle-related offence being served on a person under section 120 (Service of infringement notices). MAGISTRATES COURT ACT 1930 - SECT 131C Liability for vehicle-related offences (1) If an infringement notice for a vehicle-related offence is served on a person under section 131B, the person is liable for the offence, and may be convicted of and punished for the offence, even though the person who actually committed the offence (the actual offender) may have been someone else. (2) If the actual offender is not the responsible person (or a responsible person) for the vehicle at the time of the offence, subsection (1) does not affect the liability of the actual offender, but-- (a) an additional penalty for the offence may not be recovered from or imposed on the actual offender if an infringement notice penalty for the offence has been paid by, or a penalty has been imposed on, the responsible person (or a responsible person) for the vehicle at that time; and (b) an additional penalty for the offence may not be recovered from or imposed on the responsible person (or a responsible person) for the vehicle at that time if an infringement notice penalty for the offence has been paid by, or a penalty has been imposed on, the actual offender. (3) However, in a prosecution against a responsible person for a vehicle-related offence, it is a defence if the responsible person establishes-- (a) that the vehicle was stolen, or illegally taken or used, at the time of the offence; or (b) that the person made and gave to the administering authority a known offender declaration in accordance with section 131E (Known offender declaration) for the offence; or (c) that the vehicle (or all of the person's interest in the vehicle) had been sold or disposed of by the person before the time of the offence, and that at that time the person did not have an interest in the vehicle; or (d) that the person-- (i) was not the driver of the vehicle at the time of the offence; and (ii) does not know, and could not with reasonable diligence have found out, the name and address of the driver of the vehicle at that time. MAGISTRATES COURT ACT 1930 - SECT 131D Illegal user declarations (1) This section applies if-- (a) an infringement notice for a vehicle-related offence is served on a person under section 131B (Service of infringement notice on responsible person for vehicles); and (b) the person makes a statutory declaration (an illegal user declaration) stating that the vehicle was stolen, or illegally taken or used, at the time of the offence and providing all relevant facts supporting that statement, including details of where and when the matter was reported to the police; and (c) the person gives the illegal user declaration to the administering authority within 28 days after the day when the infringement notice, or a reminder notice for the offence, is served on the person (or any additional time allowed by the administering authority). (2) An infringement notice for the offence may be served under section 120 (Service of infringement notices) on the person (if any) stated in the illegal user declaration as the person (the named offender) who was illegally in charge of the vehicle at the time of the offence. (3) If a document (including an infringement notice or reminder notice) is to be served on the named offender under this part by post in relation to the offence, the document may be addressed to the named offender at his or her home or business address stated in the illegal user declaration. (4) Section 131C (Liability for vehicle-related offences) and section 131E (Known offender declarations) apply as if the named offender were the responsible person for the vehicle at the time of the offence and the infringement notice had been served on the named offender under section 131B. (5) However, a proceeding for the offence may be brought in a court against the named offender only if a copy of the illegal user declaration has been served on the named offender by an authorised person. (6) In a proceeding against the named offender for the offence, the illegal user declaration is evidence that the named offender was the driver of the vehicle at the time of the offence. MAGISTRATES COURT ACT 1930 - SECT 131E Known offender declarations (1) This section applies if-- (a) an infringement notice for a vehicle-related offence is served on a person under section 131B (Service of infringement notice on responsible person for vehicles); and (b) the person makes a statutory declaration (a known offender declaration) stating-- (i) if the person is an individual-- (A) that the person was not the driver of the vehicle at the time of the offence and did not commit the offence; and (B) the name and home or business address of the person (the named offender) who was the driver of the vehicle at that time; and (C) all relevant facts supporting those statements; or (ii) if the person is a corporation--the name and home or business address of the person (also the named offender) who was the driver of the vehicle at the time of the offence and all relevant facts supporting that statement; or (iii) for a vehicle-related offence under an Act declared by regulation to be an Act to which this subparagraph applies--the person saw another named person (also the named offender) do the act the subject of the offence and stating-- (A) the address of the named offender; and (B) if the person does not know the other person's address--the reasons why the person does not know the address; and (c) the person gives the known offender declaration to the administering authority within 28 days after the day when the infringement notice, or a reminder notice for the offence, is served on the person (or any additional time allowed by the administering authority). (2) An infringement notice for the offence may be served under section 120 (Service of infringement notices) on the named offender. (3) If a document (including an infringement notice or reminder notice) is to be served on the named offender under this part by post in relation to the offence, the document may be addressed to the named offender at his or her home or business address stated in the known offender declaration. (4) Section 131C (Liability for vehicle-related offences), this section and section 131F apply as if the named offender were the responsible person for the vehicle at the time of the offence and the infringement notice had been served on the named offender under section 131B. (5) However, a proceeding for the offence may be brought in a court against the named offender only if a copy of the known offender declaration has been served on the named offender by an authorised person. (6) In a proceeding against the named offender for the offence, the known offender declaration is evidence that the named offender was the offender at the time of the offence. MAGISTRATES COURT ACT 1930 - SECT 131F Sold vehicle declarations (1) This section applies if-- (a) an infringement notice for a vehicle-related offence is served on a person under section 131B (Service of infringement notice on responsible person for vehicles); and (b) the person makes a statutory declaration (a sold vehicle declaration) stating that the vehicle (or all of the person's interest in the vehicle) had been sold or otherwise disposed of by the person before the time of the offence and providing all relevant facts supporting that statement, including-- (i) the name and home or business address of the person (the buyer) to whom the vehicle (or the person's interest in the vehicle) was sold or disposed of by the person; and (ii) the date and, if relevant to the offence, time of the sale or disposal; and (iii) if an agent made the sale or disposal for the person--the name and home or business address of the agent; and (iv) whether the person had any interest in the vehicle at the time of the offence; and (c) the person gives the sold vehicle declaration to the administering authority within 28 days after the day when the infringement notice, or a reminder notice for the offence, is served on the person (or any additional time allowed by the administering authority). (2) An infringement notice for the offence may be served under section 120 (Service of infringement notices) on the buyer. (3) If a document (including an infringement notice or reminder notice) is to be served on the buyer under this part by post in relation to the offence, the document may be addressed to the buyer at his or her home or business address stated in the sold vehicle declaration. (4) Section 131C (Liability for vehicle-related offences), section 131E and this section apply as if the buyer were a responsible person for the vehicle at the time of the offence and the infringement notice had been served on the buyer under section 131B. (5) However, a proceeding for the offence may be brought in a court against the buyer only if a copy of the sold vehicle declaration has been served on the buyer by an authorised person. (6) In a proceeding against the buyer for the offence, the sold vehicle declaration is evidence that the buyer was the responsible person for the vehicle at the time of the offence. MAGISTRATES COURT ACT 1930 - SECT 131G Unknown offender declarations If an infringement notice for a vehicle-related offence is served on a person under section 131B (Service of infringement notice on responsible person for vehicles), the person may-- (a) make a statutory declaration (an unknown offender declaration) stating-- (i) that-- (A) if the person is an individual--the person was not the driver of the vehicle at the time of the offence and did not commit the offence; or (B) if the person is a corporation--the vehicle was not being used for the corporation's purposes at the time of the offence; and (ii) that the person has made inquiries to find out who was-- (A) the driver of the vehicle at that time; or (B) for a vehicle-related offence under an Act declared by regulation to be an Act to which this subparagraph applies--the offender was at that time; and (iii) that the person does not know, and has not been able to find out, who was the driver of the vehicle, or the offender, at that time; and (iv) the nature and extent of the inquiries made by the person; and (b) give the unknown offender declaration to the administering authority within 28 days after the day when the infringement notice, or a reminder notice for the offence, is served on the person (or any additional time allowed by the administering authority). MAGISTRATES COURT ACT 1930 - SECT 132 Disputing liability for infringement notice offence (1) A person on whom an infringement notice or reminder notice has been served for an infringement notice offence may dispute liability for the offence by written notice given to the administering authority. (2) The notice must set out the grounds on which the person relies. (3) The notice must be given to the administering authority-- (a) within 28 days after the date of service of the infringement notice or reminder notice; or (b) if the person applies to the administering authority within the 28 days for additional time to dispute liability for the offence and the additional time is allowed--within the additional time allowed by the administering authority; or (c) if the person applies to the administering authority within the 28 days for additional time to dispute liability for the offence and the application is refused--within 7 days after the day the person is told of the refusal or 28 days after the date of service of the infringement notice or reminder notice, whichever is later. MAGISTRATES COURT ACT 1930 - SECT 133 Extension of time to dispute liability (1) The person on whom an infringement notice or reminder notice is served may apply, in writing, to the administering authority, within 28 days after the date of service of the notice, for a stated additional time in which to dispute liability for the offence. (2) The administering authority must-- (a) allow or refuse to allow the additional time; and (b) tell the person in writing of the decision and, if the decision is a refusal, the reasons for it. MAGISTRATES COURT ACT 1930 - SECT 134 Procedure if liability disputed (1) This section applies if a person disputes liability for an infringement notice offence by giving the administering authority a notice in accordance with section 132 (Disputing liability for infringement notice offence). (2) The administering authority may lay an information in the Magistrates Court against the person for the offence within 60 days after being given the notice. (3) The administering authority must discontinue a proceeding brought against the person for the offence if, before the hearing of the proceeding, the person pays the total of-- (a) the infringement notice penalty; and (b) the costs (if any) prescribed by regulation for beginning the proceeding; and (c) the disbursements (if any) incurred by the administering authority up to the day payment is made. (4) If subsection (3) applies, section 125 (Effect of payment of infringement notice penalty) also applies to the person in relation to the offence, even though the person paid the infringement notice penalty for the offence after an information had been laid in the Magistrates Court against the person for the offence. (5) If the administering authority does not lay an information in the Magistrates Court against the person for the offence within 60 days after being given the notice, the administering authority must-- (a) tell the person, in writing, that no further action will be taken against the person for the offence; and (b) take no further action against the person for the offence. (6) To remove any doubt, subsection (2) does not permit the administering authority to lay an information against a person for an offence after the end of the time within which, apart from this section, a prosecution may be brought against the person for the offence. Note For the time within which a prosecution must be begun, see the Legislation Act, s 192. MAGISTRATES COURT ACT 1930 - SECT 134A Authorised people for infringement notice offences (1) The administering authority for an infringement notice offence may appoint a person to be an authorised person to serve infringement notices or reminder notices. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207). (2) A regulation may prescribe a person to be an authorised person for the service of infringement notices or reminder notices. (3) In this part: "authorised person "means-- (a) for an infringement notice for an infringement notice offence-- (i) the administering authority; or (ii) a person who is appointed under this section by the administering authority to serve an infringement notice for the offence; or (iii) anyone else who, under the regulations, may serve an infringement notice for the offence; or (b) for a reminder notice for an infringement notice offence-- (i) the administering authority; or (ii) a person who is appointed under this section by the administering authority to serve a reminder notice for the offence; or (iii) anyone else who, under the regulations, may serve a reminder notice for the offence. MAGISTRATES COURT ACT 1930 - SECT 135 Delegation of administering authority's functions (1) The administering authority for an infringement notice offence may delegate the administering authority's functions under this part to an authorised person or a person prescribed by regulation. (2) A person prescribed by regulation for subsection (1) may delegate the functions delegated to the person under that subsection to anyone else. Note For the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19.4. MAGISTRATES COURT ACT 1930 - SECT 136 Evidentiary certificates (1) This section applies to a proceeding for an infringement notice offence. (2) A certificate that appears to be signed by or on behalf of the administering authority, and states any matter relevant to anything done or not done under this part in relation to the offence, is evidence of the matter. (3) Without limiting subsection (2), a certificate given under that subsection may state any of the following: (a) a stated infringement notice or reminder notice was served by a stated authorised person in a stated way on a stated person on a stated date for a stated infringement notice offence; (b) the administering authority did not allow additional time, or allowed stated additional time, for payment of the infringement notice penalty or to dispute liability for the offence; (c) the infringement notice penalty was not paid within the time in which it was required to be paid under this part; (d) the infringement notice has not been withdrawn or was withdrawn on a stated date; (e) a stated address was, on a stated date, the latest business, home or email address, or fax number, of a stated person recorded in a register or other record kept by the administering authority; (f) an infringement notice penalty has not been paid by, or a penalty has not been imposed on, a stated person or anyone for the offence. (4) A court must accept a certificate given under this section as proof of the matters stated in it if there is no evidence to the contrary. MAGISTRATES COURT ACT 1930 - SECT 141 Minute of decision and notice to defendant (1) If the court convicts or makes an order against a defendant-- (a) a minute or memorandum of the conviction or order must be made and signed by the magistrate exercising the jurisdiction of the court; and (b) the defendant must be notified in writing of the conviction or order. Note If the defendant is sentenced to imprisonment, the court must issue a warrant for the imprisonment of the defendant in the chief executive's custody (see Crimes (Sentence Administration) Act 2005, s 12). (2) A minute or memorandum under subsection (1) (a) must specify the amount of any levy imposed under the Victims of Crime (Financial Assistance) Act 1983, part 5. Note The Victims of Crime Act 1994, s 25 (1) requires the amount of the victims services levy payable by a person (in relation to an offence to which that Act, pt 5 applies), to be stated on a fine order under the Crimes (Sentencing) Act 2005 and on any notice or copy of the fine order given to the person. (3) Failure to comply with subsection (1) does not invalidate a conviction or order or the enforcement of a conviction or order. (4) The minute must not form part of-- (a) a warrant under the Crimes (Sentence Administration) Act 2005, section 12 (Warrant for imprisonment); or (b) an enforcement order. (5) A document purporting to be a copy of the minute or memorandum signed by the registrar is prima facie evidence in all courts of law of the making of the conviction or order. MAGISTRATES COURT ACT 1930 - SECT 142 Formal convictions and orders (1) The conviction or order must, if required, be drawn up by the court in proper form and be filed by the registrar in the court's records. (2) It is not necessary for a court formally to draw up a conviction or order or any other record of a decision, unless it is demanded by a party to the proceeding for the purpose of an appeal against the decision, or is required for the purpose of a habeas corpus order or another order from the Supreme Court. MAGISTRATES COURT ACT 1930 - SECT 143 Consequences if information dismissed (1) The court must make an order of dismissal if the court dismisses an information. (2) The court must give the defendant a certificate of dismissal signed by the adjudicating magistrate or the registrar if the defendant applies for it. (3) If a certificate of dismissal is produced to a court-- (a) the court must accept it as proof of the matters stated in it if there is no evidence to the contrary; and (b) it is a bar to any other information or proceeding in any court (other than an appeal) for the same matter against the same party. MAGISTRATES COURT ACT 1930 - SECT 144 Copies of informations and other documents (1) On application, the registrar must give an applicant a copy of-- (a) an information; or (b) a minute or memorandum of a conviction or order; or (c) a formal conviction or order; or (d) a committal order. (2) The registrar may refuse an application under subsection (1) if-- (a) the applicant is not a party to the relevant proceeding; and (b) the registrar or a magistrate is not satisfied that the applicant has a good reason for being given that copy. MAGISTRATES COURT ACT 1930 - SECT 146 Definitions for div 3.9.2 In this division: "default notice" means a notice in force under section 151 and includes any variation under section 152. "fine" means-- (a) a fine payable under a fine order under the Crimes (Sentencing) Act 2005; or (b) a fee or charge payable to the Territory that is imposed by a court in a proceeding for an offence; or (c) costs payable to the Territory under a court order in a proceeding for an offence; or (d) a levy imposed under the Victims of Crime (Financial Assistance) Act 1983; or (e) a victims services levy imposed under the Victims of Crime Act 1994; or (f) an amount payable to the Territory under a reparation order under the Crimes (Sentencing) Act 2005; or Note A reparation order under the Crimes Act 1900, s 350 (repealed) is taken to be a reparation order under the Crimes (Sentencing) Act 2005 (see that Act, s 142). (g) a financial penalty imposed, otherwise than under the Crimes (Sentencing) Act 2005, in relation to an offence. "fine defaulter" means a person to whom a default notice has been given who subsequently defaults in payment of the relevant outstanding fine. "government agency" means-- (a) an administrative unit; or (b) ACTEW Corporation Limited; or (c) a territory entity prescribed by regulation. "outstanding fine", in relation to a person, means the total of-- (a) the whole or any part of a fine that the person is liable to pay; and (b) the whole or any part of an administrative fee that the person is liable to pay in relation to the fine. "penalty notice" means a notice in force under section 149, and includes any variation under section 152. "territory entity"--see the Auditor-General Act 1996, dictionary. MAGISTRATES COURT ACT 1930 - SECT 147 Payment of fine A fine is payable in accordance with this division to the registrar. MAGISTRATES COURT ACT 1930 - SECT 147A Notice of address etc (1) A person on whom a fine is imposed must not, without reasonable excuse, fail to give to the registrar particulars of his or her address within 7 days after the day when the fine is imposed. Maximum penalty: 5 penalty units. (2) A person who is liable to pay a fine and who changes address before the fine and any relevant administrative fee are paid must not, without reasonable excuse, fail to give to the registrar particulars of the new address within 7 days after changing address. Maximum penalty: 5 penalty units. (3) A person who is liable to pay a fine, and any relevant administrative fee, must not, without reasonable excuse, fail to give the registrar evidence of his or her address when required to do so by the registrar. Maximum penalty: 5 penalty units. MAGISTRATES COURT ACT 1930 - SECT 147B Access to particulars of address (1) For this division, the registrar may, in writing, ask a relevant person to give the registrar any details held by the person about an address of a stated person who is liable to pay a fine. (2) The relevant person must comply with the request as far as practicable. (3) In this section: "relevant person" means-- (a) the chief police officer; or (b) the housing commissioner; or (c) the chief executive (however described) of a government agency. MAGISTRATES COURT ACT 1930 - SECT 147C Doubtful service (1) This section applies if-- (a) a document has been served on a person for this division, other than by personal service; and (b) the registrar is satisfied that-- (i) the document has not come to the knowledge of the person; or (ii) doubt exists whether the document has come to the knowledge of the person. (2) If this section applies, the registrar must not take any further action under this division in relation to the person unless-- (a) the document has been served again on the person in the way the registrar considers appropriate; and (b) the registrar is satisfied that the document has come to the knowledge of the person. MAGISTRATES COURT ACT 1930 - SECT 148 Court may allow time to pay (1) If the court imposes a fine on a person for an offence, the court-- (a) must allow time for payment, if the summons for the offence was served in accordance with section 116B; or (b) may allow time for payment, in any other case. (2) For a fine mentioned in subsection (1) (a), the time allowed by the court must be not less than 14 days from the date of conviction. (3) In addition to allowing time for the payment of an amount, the court may direct that the person liable to pay the amount give security, to the satisfaction of the person specified by the court, with or without sureties, for the payment of the amount. (4) The security mentioned in subsection (3) must be given, and may be enforced, in the way provided by this Act. MAGISTRATES COURT ACT 1930 - SECT 149 Penalty notice (1) If the registrar of the Supreme Court gives to the registrar a certificate of conviction that indicates that a person is liable to pay a fine as a result of a conviction or order made by the Supreme Court, the registrar must give the person a penalty notice about the fine. (2) If a person is liable to pay a fine as a result of a conviction or order by the court, the notice of the conviction or order required by section 116I or section 141 (1) (b) must contain a penalty notice about the fine. (3) A penalty notice about a fine must-- (a) specify the amount of the fine and the due date for payment; and (b) if the fine is payable by instalments--specify the amount of each instalment and the due date for payment; and (c) contain a statement to the effect that if the fine or any instalment is not paid by the due date the person is liable for the administrative fee under section 150 in addition to the fine; and (d) contain a statement to the effect that, under section 152, the registrar may, on application, approve an arrangement about the payment of the fine; and (e) indicate the obligation to notify the registrar of any change of address under section 147A. (4) If a penalty notice is varied under section 152, the notice must specify particulars of the approved arrangement for payment as so varied. MAGISTRATES COURT ACT 1930 - SECT 150 Default (1) If a person defaults in payment of a fine to which a penalty notice relates-- (a) the person is liable to pay to the Territory, in addition to the amount of the fine that remains unpaid, the administrative fee determined under the Court Procedures Act 2004, part 3 (Court and tribunal fees) for this paragraph; and (b) the registrar must give a default notice to the person. (2) If a person to whom a default notice has been given subsequently defaults in payment of the fine, the registrar must give notice of the default to the road transport authority under section 153. (3) For this division, a person defaults in payment of a fine or any relevant administrative fee if the person fails to pay any part of the amount payable by-- (a) the due date specified in the relevant penalty notice; or (b) if a default notice has been issued in relation to the amount--the due date specified in the default notice. MAGISTRATES COURT ACT 1930 - SECT 151 Default notice (1) A default notice under section 150 must-- (a) specify the default to which the notice relates; and (b) indicate that, subject to section 152, the amount of the fine remaining unpaid and the relevant administrative fee are due on the date or dates specified in the notice; and (c) contain a statement indicating the consequences under section 150 (2) of a default in payment of an amount to which the notice relates; and (d) contain a statement to the effect that, under section 152, the registrar may, on application, approve an arrangement about the payment of the fine; and (e) indicate the obligation to notify the registrar of any change of address under section 147A. (2) The registrar may specify in a default notice matters about a person's property or financial circumstances that are to be set out in any application by the person for approval of a special arrangement under section 152. (3) If a default notice is varied under section 152, the notice must specify particulars of the approved arrangement for payment as so varied. MAGISTRATES COURT ACT 1930 - SECT 152 Special arrangements (1) The registrar may, on application, approve in writing an arrangement for-- (a) further time for the payment of all or any part of a fine or administrative fee, or an instalment of such an amount; or (b) payment of all or any part of a fine or administrative fee by instalments. (2) An arrangement under subsection (1) (a) may also be made in relation to an amount that is overdue for payment under a previous approved arrangement. (3) To the extent to which an approval for time to pay all or any part of a fine or instalment is inconsistent with an order of a court, the order has no effect. (4) An application for an approval must-- (a) be made in writing; and (b) specify the grounds on which it is made; and (c) be lodged with the registrar by the date, or within the period, ascertained in accordance with the current penalty notice, or current default notice, about the fine; and (d) for an applicant to whom a default notice has been given--contain any particulars requested by the registrar in the notice. (5) A person committed under section 154D (Fine defaulters--imprisonment) or section 154E (Young fine defaulters) is not entitled to make an application. (6) If an approval concerns a fine for which a penalty notice or a default notice has been given to a person, the registrar must vary the notice by-- (a) altering the notice in accordance with the approval; or (b) reissuing the notice, revised in accordance with the approval. MAGISTRATES COURT ACT 1930 - SECT 153 Notice for suspension of driver licence etc (1) The registrar must notify the road transport authority of the name, address and date of birth of each person who, after being given a default notice for a fine, defaults in payment of the outstanding fine. (2) If notice is given under subsection (1) and the registrar subsequently approves an arrangement under section 152, the registrar must notify the road transport authority of the approval. (3) If notice has been given under subsection (1) and no later notice has been given under subsection (2), the registrar must notify the road transport authority if-- (a) the outstanding fine is paid; or (b) the outstanding fine has been remitted by the Executive; or Note 1 For the remission of a fine by the Executive, see the Crimes (Sentence Administration) Act 2005, s 313 (Remission of penalties). Note 2 A fine also may have been remitted under this Act, s 159 (repealed) or the Crimes Act 1900, s 434 (repealed). (c) the person has completed serving a period of imprisonment because of an order under section 154D (Fine defaulters--imprisonment) or section 154E (Young fine defaulters); or (d) the conviction or order that gave rise to the liability to pay the fine is quashed or set aside. MAGISTRATES COURT ACT 1930 - SECT 154 Access to personal information (1) To ensure the payment of an outstanding fine, the registrar may, in writing, ask a relevant person to give the registrar stated particulars of personal information held by the person about the fine defaulter. (2) The relevant person must comply with the request as far as practicable. (3) In this section: "personal information", about a fine defaulter, means details about the defaulter's financial circumstances or criminal record. "relevant person" means-- (a) the chief police officer; or (b) the housing commissioner; or (c) the chief executive (however described) of a government agency. MAGISTRATES COURT ACT 1930 - SECT 154D Fine defaulters--imprisonment (1) The court must order the imprisonment of a fine defaulter if-- (a) satisfied that all reasonable action has been taken under this division to secure payment and there is no reasonable likelihood of the outstanding fine being paid; and (b) the outstanding fine has not been remitted by the Executive. Note 1 The court must issue a warrant for the imprisonment of the person in the chief executive's custody (see Crimes (Sentence Administration) Act 2005, s 12). Note 2 For the remission of a fine by the Executive, see the Crimes (Sentence Administration) Act 2005, s 313 (Remission of penalties). Note 3 A fine also may have been remitted under this Act, s 159 (repealed) or the Crimes Act 1900, s 434 (repealed). (2) The order, or any warrant under the Crimes (Sentence Administration) Act 2005, section 12 (Warrant for imprisonment), must not be given effect if the amount of the outstanding fine is paid to the Territory, or to someone acting for the Territory, before the person is imprisoned. (3) The period for which the fine defaulter must be committed is the lesser of-- (a) a period worked out at the rate of 1 day for each $100, or part of $100, of the outstanding fine; or (b) 6 months. (4) This section does not apply to a person if-- (a) the person's liability to pay the fine is derived from a reparation order under the Crimes (Sentencing) Act 2005; or (b) section 154E applies to the person. Note A reparation order under the Crimes Act 1900, s 350 (repealed) is taken to be a reparation order under the Crimes (Sentencing) Act 2005, s 142. MAGISTRATES COURT ACT 1930 - SECT 154E Young fine defaulters (1) This section applies to a fine defaulter if the offence in relation to which the fine was imposed was committed when the person was under 18 years old. (2) The court may order the imprisonment of the person if the court-- (a) has assessed the person's capacity to pay the fine and is satisfied the person has the capacity to pay; and (b) has offered the person an arrangement under section 152 (Special arrangements) about the payment of the fine; and (c) has notified the road transport authority as required under section 153 (1) (Notice for suspension of driver licence etc). (3) The order, or any warrant under the Crimes (Sentence Administration) Act 2005, section 12 (Warrant for imprisonment), must not be given effect if the amount of the outstanding fine is paid to the Territory, or to someone acting for the Territory, before the person is imprisoned. (4) The period for which the person must be imprisoned is the lesser of-- (a) a period worked out at the rate of 1 day for each $300, or part of $300, of the outstanding fine; and (b) 7 days. MAGISTRATES COURT ACT 1930 - SECT 154F Young fine defaulters--no capacity to pay (1) This section applies to a fine defaulter if-- (a) the offence in relation to which the fine was imposed was committed when the person was under 18 years old; and (b) the court-- (i) has assessed the person's capacity to pay the fine; and (ii) is satisfied that the person does not have capacity to pay the fine. (2) The court may not order the imprisonment of the person. (3) However, the court may (on application or on its own initiative) review the person's capacity to pay, but not more than once in any 6-month period. MAGISTRATES COURT ACT 1930 - SECT 157 Outstanding fine discharged by payment (1) This section applies if-- (a) a person is imprisoned under section 154D or section 154E; and (b) an amount is paid to the Territory (through the registrar or the chief executive) to discharge an amount of the outstanding fine. (2) If the amount paid completely discharges the outstanding fine, the chief executive must release the person from imprisonment immediately, unless the person must otherwise be lawfully detained. MAGISTRATES COURT ACT 1930 - SECT 158 Outstanding fine satisfied by imprisonment A person imprisoned under section 154D (Fine defaulters--imprisonment) discharges the person's liability to pay the outstanding fine-- (a) at the rate of $100 for each day or part of a day for which the person is so imprisoned; or (b) if the person is committed for 6 months--at the end of the 6-month period. MAGISTRATES COURT ACT 1930 - SECT 158A Outstanding fine satisfied by imprisonment--young fine defaulter A person imprisoned under section 154E (Young fine defaulters) discharges the person's liability to pay the outstanding fine-- (a) at the rate of $300 for each day or part of a day for which the person is detained under the warrant for imprisonment; or (b) if the person is committed for 7 days--at the end of the 7-day period. MAGISTRATES COURT ACT 1930 - SECT 160 Conviction or order quashed or set aside If the conviction or order that gave rise to a person's liability to pay a fine is quashed or set aside, the registrar must, in addition to notifying the road transport authority under section 153 (3) (d)-- (a) refund to the person any amount paid in relation to the fine; and (b) refund to the person any amount paid in relation to a relevant administrative fee. MAGISTRATES COURT ACT 1930 - SECT 161 Other enforcement provisions not affected This division shall not be taken to affect the operation of any other law in force in the ACT that provides for the recovery or enforcement of a fine. MAGISTRATES COURT ACT 1930 - SECT 166A Definitions for div 3.9.3 In this division: "conviction" means a conviction or order entered or made by a court in the exercise of summary jurisdiction in a proceeding for an offence. "fine" includes-- (a) a financial penalty, financial forfeiture and financial compensation; and (b) fees, charges and costs payable by a body corporate under an order made in a proceeding in which a conviction was entered in relation to the body corporate. "reciprocating court" means a court declared under section 166B to be a reciprocating court. "relevant officer", in relation to a reciprocating court, means the registrar or other corresponding officer of the court. "State" includes a Territory other than the Australian Capital Territory. "territory fine" means a fine payable under a conviction of the court. MAGISTRATES COURT ACT 1930 - SECT 166B Declarations relating to reciprocating courts (1) If a State has laws providing for the enforcement in the State of a territory fine against a body corporate, the Attorney-General may, in writing, declare a court of summary jurisdiction in the State to be a reciprocating court. (2) A declaration is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. MAGISTRATES COURT ACT 1930 - SECT 166C Enforcement of fine (1) If-- (a) a fine is payable by a body corporate under a conviction of a reciprocating court; and (b) the registrar receives a written request from the relevant officer of the reciprocating court for the enforcement of the conviction accompanied by-- (i) a copy, certified by the relevant officer to be correct, of the conviction; and (ii) a certificate signed by the relevant officer stating the amount of the fine that remains unpaid; the registrar must register the conviction by filing in the court the certified copy of the conviction and noting the date of the registration on the copy. (2) On the registration of a conviction under subsection (1)-- (a) the conviction is taken, for this part, to be a conviction of the court adjudging payment of a fine by the body corporate in the amount stated as unpaid in the certificate mentioned in subsection (1) (b); and (b) the registrar must make an enforcement order for the purpose of recovering the amount mentioned in paragraph (a); and (c) subject to this section, this Act and the rules applying to civil proceedings in the Magistrates Court apply in relation to an enforcement order made under paragraph (b) as if the order had been made in a civil proceeding in the court. (3) If a request is made under this section in relation to a fine payable under a conviction of a reciprocating court and the registrar later receives a notification from the relevant officer of the reciprocating court of payment of an amount in satisfaction in whole or part of the amount of the fine, the registrar must note the particulars of the payment on the certified copy of the conviction filed in the court. (4) If-- (a) an enforcement order is made under subsection (2) in relation to a fine; and (b) before enforcement, the registrar receives a notification mentioned in subsection (3) in relation to the fine; the registrar must stay the order. (5) On the stay of the order, the registrar must-- (a) if the amount of the fine has been paid in full--set aside the order; or (b) if part of the amount of the fine remains unpaid--amend the order to show the amount still unpaid. (6) If an enforcement order is amended under subsection (5) (b), the order must be enforced in relation to the amount of the fine shown in the order as unpaid. (7) If an amount of money is paid to the registrar in satisfaction in whole or in part of a fine payable under a conviction registered under subsection (1), the registrar must remit the amount to the relevant officer of the reciprocating court by which the conviction was entered. (8) For this section, a document that purports to have been signed by the relevant officer of a reciprocating court is taken to have been so signed unless the contrary is proved. MAGISTRATES COURT ACT 1930 - SECT 166D Effect of enforcement by reciprocating court An amount received by the registrar from a reciprocating court in satisfaction in whole or in part of a territory fine must be applied by the registrar as if the amount had been paid to the registrar by the body corporate by which the fine was payable in satisfaction in whole or in part of the fine. MAGISTRATES COURT ACT 1930 - SECT 166E Registrar to notify payment of territory fine If-- (a) a conviction of the court under which a fine is payable is registered by the relevant officer of a reciprocating court; and (b) an amount is received by the registrar in satisfaction in whole or in part of the fine; the registrar must, as soon as practicable, notify the relevant officer of the amount of that payment. MAGISTRATES COURT ACT 1930 - SECT 184 Enforcement of costs against informant If a court orders an informant in a criminal proceeding to pay costs to a defendant, the order operates as a judgment given or entered in relation to a claim for the payment of money and is enforceable accordingly. MAGISTRATES COURT ACT 1930 - SECT 191 Accounts to be kept of amounts received Every registrar and person in charge of a correctional centre must keep a true and exact account of all amounts received by him or her under or because of any conviction or order, showing the people from whom and the time when the amounts were received and to whom and when the amounts were paid. Maximum penalty: 1 penalty unit. MAGISTRATES COURT ACT 1930 - SECT 193 Forfeited goods may be sold Except where otherwise provided, all forfeitures, not financial, that are incurred in relation to an offence triable by the court or that may be enforced by the court, may be sold or disposed of or dealt with in the way that the court directs, and the proceeds of the sale must be applied in a similar way as if the proceeds were a fine imposed under the Act, ordinance or law on which the proceeding for forfeiture is founded. MAGISTRATES COURT ACT 1930 - SECT 194 Enforcement order not void for form only An enforcement order is not void only because of a defect or error in it if there is a conviction or order that is valid, or that may be amended and made valid, under this Act to support it. MAGISTRATES COURT ACT 1930 - SECT 195 Convictions etc to be given to Supreme Court registrar (1) This section applies if a person is convicted of an indictable offence by the court or an information in relation to an indictable offence is dismissed by the court. (2) The court must immediately give the registrar of the Supreme Court a copy of the conviction and recognisances or a copy of the certificate of dismissal (if any). (3) The court must keep a conviction and dismissal book and record each conviction or dismissal in it. MAGISTRATES COURT ACT 1930 - SECT 207 Jurisdiction of Supreme Court (1) The appellate jurisdiction of the Supreme Court in relation to decisions of the Magistrates Court under this Act (other than chapter 4 (Civil proceedings)) extends to the hearing and deciding of the following appeals and to no others: (a) appeals to which division 3.10.2 (Appeals in criminal matters) applies; (b) reference appeals under division 3.10.2A (Reference appeals in criminal matters); (c) review appeals under division 3.10.3 (Review appeals in criminal matters). (2) This part does not limit the operation of any other Act that makes provisions in relation to the appellate jurisdiction of the Supreme Court. MAGISTRATES COURT ACT 1930 - SECT 208 Appeals to which div 3.10.2 applies (1) Each of the following appeals is an appeal to which this division applies: (a) an appeal by any of the following from a decision of the Magistrates Court under the Crimes Act, section 315A (2) or (3) (Investigation into fitness to plead) or section 315D (7) (Person found temporarily unfit to plead): (i) the person whose fitness to plead was decided; (ii) anyone who appeared at the proceeding in which the decision was made; (iii) anyone else with the leave of the court; (b) an appeal, by the person convicted, from a conviction for an offence dealt with by the Magistrates Court under this Act, part 3.6 (Proceedings for offences punishable summarily) or part 3.7 (Service and pleading by post for certain offences) or under the Crimes Act, section 375; (c) an appeal, by the person against whom the order is made, from an order made under this Act, section 113 or section 114 in a proceeding dealt with by the Magistrates Court under this Act, part 3.6 or under the Crimes Act, section 375; (d) an appeal from a sentence or penalty imposed by the Magistrates Court by a person convicted of an offence dealt with by that court under this Act, section 90A, part 3.6 or part 3.7, or under the Crimes Act, section 375, whether or not the person appeals against the conviction in relation to which the sentence or penalty was imposed; (e) an appeal from an order of the court under any of the following provisions of the Crimes (Sentencing) Act 2005: (i) part 3.2 (Sentences of imprisonment); (ii) part 3.3 (Non-custodial sentences); (iii) part 3.4 (Non-association and place restriction orders); (iv) part 3.5 (Deferred sentence orders); (v) part 3.6 (Combination sentences); Note Orders under the Crimes Act 1900, pt 18 (Conditional release of offenders) are taken to be orders under the Crimes (Sentencing) Act 2005 (see Crimes (Sentence Administration) Act 2005, ch 16). (f) an appeal from an order of the court under the Crimes (Sentence Administration) Act 2005, part 6.6 (Good behaviour orders--amendment and discharge). (3) Subsection (1) does not affect any power that the Supreme Court has, apart from this Act, to grant bail or to vary the conditions of bail. MAGISTRATES COURT ACT 1930 - SECT 209 Institution of appeal (1) An appeal must be instituted by the appellant filing a notice of appeal in the office of the registrar of the Supreme Court within the period of 28 days after the conviction was entered, the order or decision was made or the sentence or penalty imposed, or within any further time the Supreme Court allows. (2) As soon as practicable after instituting the appeal, the appellant must-- (a) file a copy of the notice of appeal with the Magistrates Court; and (b) serve a copy of the notice of appeal on-- (i) for an appeal mentioned in section 208 (1) (a)--each other person mentioned in that paragraph; and (ii) for any other appeal--the director of public prosecutions. MAGISTRATES COURT ACT 1930 - SECT 210 Substituted service of notice of appeal (1) If it appears to the Supreme Court, on an application made for an order under this section, that personal service of a notice of appeal under section 209 on a person on whom it is required to be served cannot be effected, the Supreme Court may make the order for substituted or other service the Supreme Court considers just. (2) The Supreme Court may, on an application made for an order under this subsection, dispense with service of a notice of appeal if the court considers it necessary or expedient to do so. (3) An order under subsection (2) may be made subject to the conditions (if any) the Supreme Court considers appropriate. MAGISTRATES COURT ACT 1930 - SECT 214 Appeals in cases other than civil cases (1) This section applies to an appeal mentioned in section 208 (Appeals to which div 3.10.2 applies). (2) In an appeal to which this section applies, the Supreme Court must have regard to the evidence given in the proceeding out of which the appeal arose, and has power to draw inferences of fact. (3) In an appeal to which this section applies, the Supreme Court must-- (a) if it considers it necessary or expedient to do so in the interests of justice-- (i) order the production of a document or anything else that was an exhibit in, or was otherwise connected with, the proceeding out of which the appeal arose and that appears to it to be necessary to produce for deciding the appeal; and (ii) order any person who was, or would have been if the person had been called, a compellable witness in the proceeding to attend for examination before the Supreme Court; and (iii) receive the evidence, if tendered, of any witness; and (b) receive evidence with the consent of the parties to the appeal. (4) If evidence is tendered in an appeal to which this section applies, the Supreme Court must, unless satisfied that the evidence would not afford any ground for allowing the appeal, receive the evidence if-- (a) it appears to the Supreme Court that the evidence is likely to be credible and would have been admissible in the proceeding out of the which the appeal arose on an issue relevant to the appeal; and (b) the Supreme Court is satisfied that the evidence was not adduced in the proceeding and there is a reasonable explanation for the failure to adduce it. MAGISTRATES COURT ACT 1930 - SECT 216 Stay of execution pending appeal in certain cases (1) If an appeal to which this division applies has been duly instituted, the enforcement or execution of the decision, conviction, order, sentence or penalty appealed from is stayed until the appeal is concluded or is abandoned or discontinued and, if the appellant is in custody, the appellant may, if not detained for any other cause, be granted bail in accordance with the Bail Act 1992. (2) If the appellant in custody in relation to whom the enforcement or execution of a conviction or sentence is stayed-- (a) is not granted bail under the Bail Act 1992; or (b) is not detained for any other cause; the court or a magistrate may order the person be remanded in custody. Note The court must issue a warrant for the remand of the defendant in the chief executive's custody (see Crimes (Sentence Administration) Act 2005, s 17). MAGISTRATES COURT ACT 1930 - SECT 218 Orders by Supreme Court on appeals (1) On an appeal to which this division applies, the Supreme Court may-- (a) confirm, reverse or vary the conviction, order, sentence, penalty or decision appealed from; or (b) give the judgment, or make the order, that, in all the circumstances, it considers appropriate, or refuse to make an order; or (c) set aside the conviction, order, sentence, penalty or decision appealed from, in whole or in part, and remit the proceeding to the Magistrates Court for further hearing and decision, subject to the directions the Supreme Court considers appropriate. (2) A judgment or order of the Supreme Court under subsection (1) (a) or (b) has effect as if it were a decision of the Magistrates Court and may be enforced by the Magistrates Court accordingly. MAGISTRATES COURT ACT 1930 - SECT 219 No right of appeal under div 3.10.2 if review appeal (1) A person is not entitled to appeal to the Supreme Court under this division against a decision of the Magistrates Court if the person has instituted an appeal against the decision under division 3.10.3 (Review appeals in criminal matters). (2) If a person institutes an appeal under division 3.10.3 in relation to a decision of the Magistrates Court, any appeal against the decision that has been instituted under this division is taken to be withdrawn. MAGISTRATES COURT ACT 1930 - SECT 219A What is a reference appeal? In this division: "reference appeal"--see section 219AB (2). MAGISTRATES COURT ACT 1930 - SECT 219AB Reference appeal in relation to proceeding (1) This section applies if a person has been charged on indictment in the Magistrates Court and the proceeding in relation to all or part of the indictment has concluded. (2) The Supreme Court may, on application by the Attorney-General or director of public prosecutions (the applicant), hear and decide (by a reference appeal) any question of law arising at or in relation to the proceeding. MAGISTRATES COURT ACT 1930 - SECT 219AC Who may be heard at reference appeal (1) Each of the following people (each interested party) may be heard in a reference appeal: (a) a person charged in the proceeding; (b) a person who seeks to be heard, if the court is satisfied that the person has a sufficient interest in the appeal to be heard. (2) If an interested party is not represented in the appeal, the applicant must instruct counsel to argue the reference appeal on the party's behalf. (3) The reasonable costs of legal representation of an interested party are payable by the Territory. MAGISTRATES COURT ACT 1930 - SECT 219AD Reference appeal decision does not affect verdict The decision on a reference appeal does not invalidate or affect any verdict or decision given in the proceeding. MAGISTRATES COURT ACT 1930 - SECT 219B Decisions subject to review appeal (1) Each of the following is a decision of the Magistrates Court from which an appeal by way of review (a review appeal) may be made in accordance with this division: (a) an order of the Magistrates Court dismissing an information dealt with by that court under this Act, part 3.6 (Proceedings for offences punishable summarily) or part 3.7 (Service and pleading by post for certain offences) or under the Crimes Act, section 375; (b) a conviction by the Magistrates Court for an offence dealt with by that court under this Act, part 3.6 or part 3.7 or under the Crimes Act, section 375; (c) an order made under this Act, section 113 or section 114 in a proceeding dealt with by the Magistrates Court under this Act, part 3.6 or under the Crimes Act, section 375; (d) a decision of the Magistrates Court not to commit a person to the Supreme Court for sentence under section 92A; (e) a decision of the Magistrates Court to dispose of a case summarily under the Crimes Act, section 375 (6) or (7); (f) a sentence or penalty imposed by the Magistrates Court for an offence dealt with by that court under this Act, section 90A, part 3.6 or part 3.7 or under the Crimes Act, section 375. (2) In subsection (1) (f): "sentence or penalty" includes a sentence or penalty imposed by an order of the Magistrates Court under-- (a) any of the following provisions of the Crimes (Sentencing) Act 2005: (i) part 3.2 (Sentences of imprisonment); (ii) part 3.3 (Non-custodial sentences); (iii) part 3.4 (Non-association and place restriction orders); (iv) part 3.5 (Deferred sentence orders); (v) part 3.6 (Combination sentences); or Note Orders under the Crimes Act 1900, pt 18 (Conditional release of offenders) are taken to be orders under the Crimes (Sentencing) Act 2005 (see Crimes (Sentence Administration) Act 2005, ch 16). (b) the Crimes (Sentence Administration) Act 2005, part 6.6 (Good behaviour orders--amendment and discharge). MAGISTRATES COURT ACT 1930 - SECT 219C How review appeal is instituted (1) A review appeal must be instituted by the appellant filing a notice of appeal in the Supreme Court within 28 days after the day the conviction was entered, the order or decision was made or the sentence or penalty imposed, or within any further time the Supreme Court allows. (2) As soon as practicable after instituting the appeal, the appellant must-- (a) file a copy of the notice of appeal in the Magistrates Court; and (b) serve a copy of the notice of appeal on-- (i) for an appeal mentioned in section 219B (1) (b) or (c)--the director of public prosecutions; and (ii) for any other appeal--the person who was the defendant in the proceeding in the Magistrates Court. MAGISTRATES COURT ACT 1930 - SECT 219D Grounds for review The Supreme Court may review a decision of the Magistrates Court under this division on any 1 or more of the following grounds: (a) that there was a prima facie case of error or mistake on the part of the Magistrates Court; (b) that the Magistrates Court did not have jurisdiction or authority to make the decision; (c) that the decision of the Magistrates Court should not in law have been made; (d) for a decision mentioned in section 219B (1) (d) or (e)--that, in the circumstances of the case, the decision should not have been made; (e) for a decision mentioned in section 219B (1) (f)--that the sentence or penalty was manifestly inadequate or otherwise in error. MAGISTRATES COURT ACT 1930 - SECT 219E Report by Magistrate On a review appeal, the Supreme Court may, if it considers appropriate, make an order requiring the magistrate by whom the Magistrates Court was constituted to give to the Supreme Court a report setting out the reasons for the decision of the Magistrates Court and any facts or matters that in the view of the magistrate were relevant to the decision of the Magistrates Court. MAGISTRATES COURT ACT 1930 - SECT 219F Powers of Supreme Court (1) On a review appeal, the Supreme Court may, after considering the evidence before the Magistrates Court and any further evidence called by leave of the Supreme Court-- (a) dismiss the appeal if satisfied that the decision of the Magistrates Court should be confirmed; or (b) set aside or quash, in whole or part, or otherwise vary or amend, the decision of the Magistrates Court. (2) If, under subsection (1) (b), the Supreme Court sets aside, quashes or otherwise varies or amends a decision of the Magistrates Court, the Supreme Court may-- (a) for a decision mentioned in section 219B (1) (d)--order that the Magistrates Court commit the person to whom the decision relates to the Supreme Court for sentence under section 92A; or (b) for a decision mentioned in section 219B (1) (e)--order that the Magistrates Court continue the committal hearing of the person to whom the decision relates in accordance with part 3.5; or (c) for a decision mentioned in section 219B (1) (f)-- (i) impose the sentence or penalty the Supreme Court considers appropriate; or (ii) by order, exercise any power that the Magistrates Court might have exercised; or (d) in any other case-- (i) remit the matter to the Magistrates Court for rehearing or for further hearing with or without directions of law; or (ii) make any other order the Supreme Court considers necessary to decide the matter finally, including a prohibition order or habeas corpus order. (3) For the purpose of-- (a) correcting any defect or error in the proceeding before the Magistrates Court; or (b) enabling the matter to be decided on the merits; the Supreme Court may make the amendments of the proceeding in the Magistrates Court it considers appropriate. (4) For subsections (1) (b) and (2) (c), the Supreme Court must not-- (a) vary a sentence or penalty such that the sentence or penalty as varied could not have been imposed by the Magistrates Court; or (b) impose a sentence or penalty that could not have been imposed by the Magistrates Court. (5) The Supreme Court may, despite the ground or any of the grounds for review mentioned in section 219D being established, dismiss the appeal if the court considers that no substantial miscarriage of justice has happened. (6) On the dismissal of an appeal, the decision of the Magistrates Court appealed from may be enforced, executed or given effect to as if the appeal had not been instituted. (7) If, in relation to a sentence or penalty mentioned in section 219B (1) (f), the Supreme Court-- (a) varies a sentence or penalty under subsection (1) (b); or (b) imposes a sentence or penalty or makes an order under subsection (2) (b); the sentence or penalty as varied or imposed or the order made has effect as if it were a decision of the Magistrates Court and may be enforced by the Magistrates Court accordingly. (8) On an appeal under this division from an order, decision, sentence or penalty mentioned in section 219B (1) (a), (d), (e) or (f), the Supreme Court must order that the costs of and incidental to the appeal are payable by the appellant. (9) Subsection (8) applies whether the Supreme Court dismisses the appeal or exercises any of the other powers given to it by this section. MAGISTRATES COURT ACT 1930 - SECT 222 Control of Supreme Court over summary convictions (1) A person brought before the Supreme Court, under a habeas corpus order or another order, must not be discharged from custody because any defect or error in a committal order of the Magistrates Court, unless the court, or the magistrate constituting the court, and the prosecutor or other party interested in supporting the committal order have received reasonable and sufficient notice of the intention to apply for the discharge. (2) The notice must require them to give to the Supreme Court the conviction, judgment or order (if any) on which the committal was founded, together with the depositions and information intended to be relied on in support of the conviction, judgment or order, or certified copies of them. MAGISTRATES COURT ACT 1930 - SECT 223 Amendment of documents (1) This section applies if-- (a) a document mentioned in section 222 (2) is given to the Supreme Court; and (b) the offence charged or intended to be charged by the document appears to have been established; and (c) the Magistrates Court's judgment appears to be in substance justified; and (d) the defects or errors appear to be defects of form only or mistakes not affecting the substance of the proceeding before the Magistrates Court. (2) The Supreme Court must allow the committal order, and may allow the conviction or judgment, to be immediately amended as necessary in accordance with the facts. (3) The person committed must then be remanded to the person's former custody. MAGISTRATES COURT ACT 1930 - SECT 224 In cases of certiorari order The like proceedings as mentioned in section 222 and section 223 must be had, and the like amendments may and must be allowed to be made, in relation to every order brought before the Supreme Court by certiorari order, and after amendment in any such case the order may be enforced in the proper way, and must in all respects and for all purposes be regarded and dealt with as if it had been drawn up originally as amended. MAGISTRATES COURT ACT 1930 - SECT 225 Notice dispensed with (1) The notice required by section 222 may be given either before or after the habeas corpus order, certiorari order or other order is made. (2) When at the time of applying for the order-- (a) copies of the conviction or order and depositions are produced; or (b) in cases of committal for trial or for sentence all informations, depositions, and statements have been given, as provided in section 106, to the director of public prosecutions or a person authorised by the director of public prosecutions; the Supreme Court may dispense with the notice. MAGISTRATES COURT ACT 1930 - SECT 226 Power of court to admit to bail (1) If any person imprisoned or detained under a summary conviction or order is brought up by a habeas corpus order, and the Supreme Court postpones the final decision of the case, the Supreme Court may admit the person to bail in accordance with the Bail Act 1992. (2) If the judgment of the Supreme Court is against any person so brought up, the Supreme Court may remand the person to his or her former custody, there to serve the rest of the term for which the person was committed. MAGISTRATES COURT ACT 1930 - SECT 227 Respecting the amendment of convictions etc (1) Whenever the facts or evidence appearing by the depositions in substance support the decision of the Magistrates Court, if the decision does not extend beyond the information, and if the facts or evidence would have justified the court in making any necessary allegation or finding omitted in the decision, or in the formal conviction or order, or any warrant issued under the adjudication, the powers of amendment given by section 223 may be exercised, and if in a conviction there is some excess that may (consistently with the merits of the case) be corrected, the conviction must be amended accordingly and must stand good for the remainder. (2) All amendments are subject to the order about costs and otherwise the Supreme Court considers appropriate. MAGISTRATES COURT ACT 1930 - SECT 228 No summons or information (1) This section applies to a conviction or order in a case if-- (a) a relevant person is present at the hearing of the case; and (b) there is no summons or information (or an amendment of a summons or information) in relation to the person; and (c) the person does not object at the hearing about the matter mentioned in paragraph (b). (2) The conviction or order stands. (3) In this section: "relevant person" means-- (a) a convicted person; or (b) a person against whom an order has been made; or (c) a person whose goods have been condemned or ordered to be sold as forfeited. MAGISTRATES COURT ACT 1930 - SECT 229 Distribution of penalty A conviction or an order is not defeated for the want of any distribution, or for a wrong distribution of the penalty or forfeiture. MAGISTRATES COURT ACT 1930 - SECT 244 Costs in criminal matters (1) The power of the court to award costs is subject to the following: (a) if the court makes a conviction or order in favour of the informant--it may order that the defendant must pay to the informant the informant's costs; (b) if the court dismisses the information, or makes an order in favour of the defendant--it may order that the informant must pay to the defendant the defendant's costs; (c) if a matter is adjourned--the court may order that the costs of and caused by the adjournment be paid by any party to any other party; (d) costs ordered to be paid-- (i) must be awarded in the way prescribed by regulation; and (ii) may be recovered under the rules about the enforcement of judgments of the court in civil proceedings. (2) Subject to any order of the court, the expenses of a person who attends at court to give evidence or to produce documents must be allowed to the person (whether or not they have been examined or produced documents and whether or not they were subpoenaed to attend). MAGISTRATES COURT ACT 1930 - SECT 249 Securities taken under Act (1) A person must give security under this Act (other than chapter 4 (Civil proceedings)), whether as principal or surety, either by the deposit of an amount with the registrar, or by an oral or written acknowledgment of the undertaking or condition by which, and of the amount for which, the person is bound. Note If a form is approved under the Court Procedures Act 2004 for this provision, the form must be used. (2) Record of the security having been made may be provided by entry of it in the court's records. MAGISTRATES COURT ACT 1930 - SECT 250 Recovery of amount due under security Any amount becoming due under a security under this Act (other than chapter 4 (Civil proceedings)) is recoverable on a claim by a police officer or by the registrar or by some other person authorised by the court. MAGISTRATES COURT ACT 1930 - SECT 252 Sums paid by surety may be recovered from principal Any amount paid by a surety on behalf of his or her principal in relation to a security under this Act (other than chapter 4 (Civil proceedings)), together with all costs, charges and expenses incurred by the surety in relation to the security, is taken to be a debt due to the surety from the principal, and may be recovered on a claim by the surety. MAGISTRATES COURT ACT 1930 - SECT 253 Payment enforced by security If security is given under this Act (other than chapter 4 (Civil proceedings)) for payment of an amount, the payment must be enforced by means of the security in substitution for other means of enforcing the payment. MAGISTRATES COURT ACT 1930 - SECT 254 Enforcement of recognisance (1) If-- (a) a witness or a person sought to be made a witness has entered into a recognisance for this Act; and (b) the court is satisfied that the witness or person sought to be made a witness has failed to comply with a condition of the recognisance; the court may declare the recognisance to be forfeited and may make an order that the witness or person sought to be made a witness pay the whole or a part of the amount in which the witness or person is bound under the recognisance. (2) If-- (a) the court has declared a recognisance to be forfeited under subsection (1); and (b) a person is bound by the recognisance as surety for the performance of that condition; the court may make an order that the person mentioned in paragraph (b) pay the whole or a part of the amount in which the person is bound under the recognisance. (3) An order made under subsection (1) or (2) may be enforced as if it were a judgment entered on a claim by the registrar. (4) Subject to subsection (5), the court may, on application by a person against whom an order has been made under subsection (1) or (2)-- (a) vary the order by reducing the amount payable under the order; or (b) revoke the order and, if the order was made under subsection (1), revoke the declaration that the recognisance is forfeited. (5) If-- (a) the court has made an order under subsection (1) or (2); and (b) an enforcement order has been made; and (c) property has been sold under the enforcement order; the court must not make an order under subsection (4). (6) It is not necessary that, for the purpose of hearing an application under subsection (4), the court be constituted by the magistrate who made the order to which the application relates. MAGISTRATES COURT ACT 1930 - SECT 256 Application of ch 4 This chapter does not apply in relation to-- (a) a proceeding under the Domestic Violence and Protection Orders Act 2008; or (b) a proceeding under the Workers Compensation Act 1951; or (c) a proceeding on an information for an offence. MAGISTRATES COURT ACT 1930 - SECT 257 Personal actions at law--amount or value (1) The Magistrates Court has jurisdiction to hear and decide any personal action at law if the amount claimed is not more than $50 000, including a personal action at law if-- (a) the amount claimed is the amount owing on a balance of account, after an admitted set-off or otherwise; or (b) any amount in excess of $50 000 to which the plaintiff may be entitled in relation to the cause of action is abandoned in accordance with the rules. (2) If the amount claimed in a personal action includes interest up to judgment, or a lump sum instead of interest, in accordance with the rules, the interest is disregarded in working out whether or not the court has jurisdiction. (3) For this section, a "personal action at law "includes an action relating to the detention of goods, and the amount claimed in the action is the value of the goods plus any amount claimed for damages for the detention of the goods. (4) Subsection (1) does not limit the court's jurisdiction if, under another law in force in the ACT, an amount may be recovered by action in the court (even if the amount is more than $50 000). (5) The court's jurisdiction under subsection (1) is additional to any jurisdiction that the court has under any other law in force in the ACT. MAGISTRATES COURT ACT 1930 - SECT 258 Power of court to grant relief (1) In any proceeding that the Magistrates Court has jurisdiction to hear and decide-- (a) the court may grant any relief, redress or remedy that the Supreme Court may grant in a similar action in that court, and for that purpose the Magistrates Court may make any order that the Supreme Court may make; and (b) the court must give effect to any ground of defence, counterclaim or set-off, whether equitable or legal, in the same way and to the same extent that the Supreme Court would do. (2) For the exercise by the Magistrates Court of its powers under subsection (1) in any proceeding-- (a) a magistrate constituting the court has, as well as any other powers under this Act, all the powers of a judge in a similar action in the Supreme Court; and (b) the registrar, bailiff or other appropriate officer of the Magistrates Court must exercise any function that a corresponding officer of the Supreme Court would exercise in a similar action in that court in accordance with the practice and procedure of that court. (3) In exercising a function mentioned in subsection (2), the registrar, a bailiff or other officer of the court must comply with this Act, the rules and any order of the Magistrates Court. MAGISTRATES COURT ACT 1930 - SECT 259 Rules of equity to prevail In any proceeding in the Magistrates Court, if there is a conflict between the rules of equity and the rules of common law, the rules of equity prevail. MAGISTRATES COURT ACT 1930 - SECT 260 Nuisance (1) The Magistrates Court has the same jurisdiction as the Supreme Court to hear and decide a civil action for nuisance. (2) In a civil action for nuisance, the Magistrates Court may grant the same relief as the Supreme Court may grant in a similar action in that court. MAGISTRATES COURT ACT 1930 - SECT 261 Disputed debts (1) The Magistrates Court may, in a proceeding in the court, declare that-- (a) a person is or is not indebted to someone else; or (b) a person is or is not indebted to someone else in a stated amount; or (c) a person is or is not indebted to someone else in an amount that is more than a stated amount. (2) This section applies only in relation to a debt that is not more than $50 000. MAGISTRATES COURT ACT 1930 - SECT 262 Cause of action arising, or defendant resident, outside ACT The Magistrates Court has jurisdiction to hear and decide a proceeding if-- (a) the defendant was resident in the ACT when the claim was served on the defendant, even though all of the cause of action in the proceeding arose outside the ACT; or (b) both of the following apply, even though the defendant is not in the ACT: (i) a material part of the cause of action in the proceeding arose in the ACT, even though part of the cause of action arose outside the ACT; (ii) the claim is served on the defendant in Australia or an external territory. MAGISTRATES COURT ACT 1930 - SECT 263 Requests under conventions relating to legal proceedings in civil and commercial matters (1) The Magistrates Court has jurisdiction to make any order or take any action necessary to comply with a request received from the consular or other authority of a relevant foreign country for serving documents in the ACT or taking evidence in the ACT. (2) In this section: "relevant foreign country"--a foreign country is a relevant foreign country if a convention relating to legal proceedings in civil and commercial matters is in force between the country and Australia. MAGISTRATES COURT ACT 1930 - SECT 264 Proceedings affecting title to land (1) The Magistrates Court does not have jurisdiction to hear and decide a proceeding in which the title to land is genuinely in question. (2) However, the jurisdiction of the Magistrates Court to hear and decide a proceeding is not affected only because the title to land incidentally comes in question in the proceeding. (3) In a proceeding mentioned in subsection (2), a judgment is not evidence of title to land. MAGISTRATES COURT ACT 1930 - SECT 265 Disputes under Residential Tenancies Act The Magistrates Court does not have jurisdiction in relation to a dispute to which the Residential Tenancies Act 1997 applies if the amount in dispute is not more than $10 000. MAGISTRATES COURT ACT 1930 - SECT 266 Complaints under Utilities Act, pt 12 The Magistrates Court does not have jurisdiction in relation to a matter to the extent to which it is the subject of-- (a) a complaint under the Utilities Act 2000, part 12 (Complaints); or (b) a direction or declaration of the ACAT under that part. MAGISTRATES COURT ACT 1930 - SECT 266A Civil disputes under ACT Civil and Administrative Tribunal Act (1) A proceeding may not be started in the Magistrates Court in relation to-- (a) a common boundaries determination; or (b) another civil dispute if an amount of not more than $10 000 is claimed, or sought to be declared as a debt, whether or not any other relief is also sought. (2) To remove any doubt, this section does not apply in relation to the enforcement of an order made by the ACAT. Note The ACT Civil and Administrative Tribunal Act 2008, s 71 provides that a money order or non-money order made by the ACAT is taken to have been filed in the Magistrates Court for enforcement under the Court Procedures Rules 2006, pt 2.18 (Enforcement). (3) In this section: "civil dispute"--see the ACT Civil and Administrative Tribunal Act 2008, section 16. "common boundaries determination"--see the ACT Civil and Administrative Tribunal Act 2008, section 15. Note An application may be made to the ACAT for civil disputes (see the ACT Civil and Administrative Act 2008, pt 4). The ACAT has, in relation to civil disputes, the same jurisdiction and powers as the Magistrates Court (see the ACT Civil and Administrative Tribunal Act 2008, s 22). M 266B Enforcement of ACT Civil and Administrative Tribunal order--representation MAGISTRATES COURT ACT 1930 - SECT 267 Case stated (1) On the application of a party to a proceeding in the Magistrates Court, the court may state, in the form of a special case, any question of law that arises in the proceeding for the opinion of the Supreme Court. (2) The Supreme Court has jurisdiction to hear and decide a case stated under this section. MAGISTRATES COURT ACT 1930 - SECT 268 Transfer of action from Supreme Court (1) This section applies if a proceeding in relation to the cause of action on which a prescribed action pending in the Supreme Court is founded could properly have been begun in the Magistrates Court. (2) The Supreme Court may, on the application of a party to the action or its own initiative, order that the action be transferred to the Magistrates Court if it considers it just to do so. (3) In subsection (1): "prescribed action" means an action in which the amount claimed (whether initially or as reduced by payment, admitted set-off or otherwise) is not more than the amount for which the Magistrates Court has jurisdiction under this chapter. MAGISTRATES COURT ACT 1930 - SECT 269 Procedure on transfer of action from Supreme Court (1) This section applies if the Supreme Court has made an order under section 268 that an action pending in the Supreme Court be transferred to the Magistrates Court. (2) A party to the action may file in the Magistrates Court a copy of the order, a copy of each of the pleadings (if any) in the action and any other relevant documents filed in the Supreme Court. (3) When the copies have been filed, the action-- (a) stops being an action in the Supreme Court; and (b) becomes a proceeding in the Magistrates Court. (4) The proceeding is taken to have been begun in the Magistrates Court on the day the action was begun in the Supreme Court. (5) Costs in the proceeding are to be allowed-- (a) for costs incurred before the order under section 268 was made (including the costs of getting the order) and the costs of getting the copies mentioned in subsection (2)--in accordance with the rules under the Court Procedures Act 2004 applying to the Supreme Court, but subject to any Supreme Court order; and (b) for costs incurred after the order was made (not including the costs of getting the copies)--in accordance with the rules applying to the Magistrates Court. (6) If costs mentioned in subsection (5) (a) are to be assessed, the costs must be assessed by the registrar in accordance with the rules applying to the Supreme Court. MAGISTRATES COURT ACT 1930 - SECT 270 Removal of proceedings into Supreme Court On the application of a party to a proceeding in the Magistrates Court, the Supreme Court may order that the proceeding be removed into the Supreme Court on the conditions about costs, security for the amount claimed or costs, or otherwise, that the Supreme Court considers just. MAGISTRATES COURT ACT 1930 - SECT 271 Stay of proceedings (1) This section applies if an application under section 270 to have a proceeding in the Magistrates Court removed into the Supreme Court is pending. (2) On the application of a party to the proceeding, the Supreme Court may order that the proceeding be stayed until the application under section 270 is decided or until the Supreme Court orders otherwise. (3) An order that a proceeding be stayed takes effect immediately on a copy of the order being filed in the Magistrates Court. MAGISTRATES COURT ACT 1930 - SECT 272 Meaning of appeal--pt 4.5 In this part: "appeal" means an appeal to the Supreme Court from a judgment or order of the Magistrates Court, whether final or interlocutory, in a proceeding that the Magistrates Court has jurisdiction to hear and decide under this chapter. MAGISTRATES COURT ACT 1930 - SECT 273 Jurisdiction (1) The jurisdiction of the Supreme Court to hear and decide appeals is subject to the exceptions and conditions in this part. (2) Subsection (1) does not affect the operation of any other law that provides for the appellate jurisdiction of the Supreme Court. MAGISTRATES COURT ACT 1930 - SECT 274 Cases in which appeal may be brought (1) An appeal may be brought only with the leave of the Supreme Court. (2) However, an appeal may be brought as of right from a judgment or order-- (a) for, or for the payment of, an amount of $2 000 or more; or (b) in a proceeding in the Magistrates Court-- (i) in which the matter in issue amounts to, or is of the value of, $2 000 or more; or (ii) that involves directly or indirectly a claim, demand or question to or in relation to any property or any civil right amounting to, or of the value of, $2 000 or more. MAGISTRATES COURT ACT 1930 - SECT 276 Evidence on appeal In an appeal, the Supreme Court must have regard to the evidence given in the proceeding in the Magistrates Court out of which the appeal arose, and has power to draw inferences of fact and, in its discretion, to receive further evidence. MAGISTRATES COURT ACT 1930 - SECT 287 Childrens Court (1) The Magistrates Court is known as the Childrens Court when it is constituted by the Childrens Court Magistrate exercising the jurisdiction given under section 288. (2) The Magistrates Court is also known as the Childrens Court when it is constituted by-- (a) a magistrate assigned under section 291C (Assignment of other magistrates for Childrens Court matters) who is exercising the jurisdiction given under section 288; or (b) a magistrate acting under section 291D (2) (Completion of part-heard matters). (3) The Childrens Court may use the Magistrates Court seal. MAGISTRATES COURT ACT 1930 - SECT 288 Jurisdiction of Childrens Court (1) The Childrens Court has jurisdiction to hear and decide-- (a) any criminal proceeding against a person in relation to a summary offence if the person was under 18 years old at the time of the alleged offence; and (b) any criminal proceeding against a person in relation to an indictable offence (other than an offence punishable by imprisonment for life) if the person was under 18 years old at the time of the alleged offence; and (c) a proceeding in relation to bail for a child; and (d) any application or other proceeding under the Children and Young People Act 2008, including a proceeding transferred to the court under the Children and Young People Act 2008, chapter 17 (Care and protection--interstate transfer of orders and proceedings). (2) Subsection (1) (b) is subject to the Crimes Act 1900, section 375 (Summary disposal of certain cases). (3) Subsection (1) (c) is subject to the Bail Act 1992. MAGISTRATES COURT ACT 1930 - SECT 289 Proceedings where children jointly charged with adults (1) If a child and an adult are jointly charged with an offence, section 288 (Jurisdiction of Childrens Court) applies to a proceeding against the child arising out of the charge as if the child had been charged separately. (2) Section 288 does not apply to the committal hearing for an indictable offence alleged to have been committed jointly by a child and an adult if a magistrate, having regard to the nature of the alleged offence and the time and expense involved in carrying out the committal hearings separately, orders that the section does not apply. (3) To remove any doubt, the Court Procedures Act 2004, part 7A (Procedural provisions--proceedings involving children or young people) applies to a proceeding against a child even if the proceeding arises out of an offence for which the child and an adult were jointly charged. MAGISTRATES COURT ACT 1930 - SECT 290 Chief Magistrate to arrange business of Childrens Court (1) The Chief Magistrate is responsible for ensuring the orderly and prompt discharge of the business of the Childrens Court. (2) The Chief Magistrate may, subject to appropriate and practicable consultation with the magistrates, make arrangements about-- (a) the magistrate who is to be the Childrens Court Magistrate; and (b) the assignment of a magistrate under-- (i) section 291B (Acting Childrens Court Magistrate); or (ii) section 291C (Assignment of other magistrates for Childrens Court matters). MAGISTRATES COURT ACT 1930 - SECT 291 Childrens Court Magistrate to hear all matters (1) The Childrens Court Magistrate is responsible for dealing with all matters within the jurisdiction of the Childrens Court. (2) Subsection (1) is subject to-- (a) section 291C (Assignment of other magistrates for Childrens Court matters); and (b) section 291D (Completion of part-heard matters). (2) Also, subsection (1) does not prevent a magistrate other than the Childrens Court Magistrate from exercising-- (a) a function or power given to a magistrate under a provision of the Children and Young People Act 2008; or (b) a power given to a magistrate under a territory law to admit a child or young person to bail under the Bail Act 1992 or to remand a child or young person in custody. MAGISTRATES COURT ACT 1930 - SECT 291A Childrens Court Magistrate (1) The Chief Magistrate must declare 1 magistrate to be the Childrens Court Magistrate for a stated term of not longer than 2 years. (2) The Chief Magistrate may declare himself or herself to be the Childrens Court Magistrate. (3) The Chief Magistrate must not declare a magistrate to be the Childrens Court Magistrate unless satisfied the magistrate is suitably qualified to be the Childrens Court Magistrate. (4) The Chief Magistrate must revoke a declaration under this section if asked, in writing, by the Childrens Court Magistrate. (5) A declaration, or revocation, under this section is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. MAGISTRATES COURT ACT 1930 - SECT 291B Acting Childrens Court Magistrate (1) The Chief Magistrate may assign a magistrate to act as Childrens Court Magistrate only if-- (a) there is no Childrens Court Magistrate; or (b) the Childrens Court Magistrate-- (i) is absent from duty or from the ACT; or (ii) cannot exercise the functions of the Childrens Court Magistrate for another reason. (2) A magistrate assigned to act as Childrens Court Magistrate is the Childrens Court Magistrate for this Act and any other Act. MAGISTRATES COURT ACT 1930 - SECT 291C Assignment of other magistrates for Childrens Court matters (1) The Chief Magistrate may assign another magistrate to deal with a matter if the Childrens Court Magistrate is unable to deal with the matter-- (a) without delay that is likely to prejudice the wellbeing of a child or young person; or (b) because of a conflict of interest, or a perceived conflict of interest. (2) A magistrate may be assigned under subsection (1) (a) only if the Chief Magistrate is satisfied the assignment is necessary having regard to-- (a) how the delay is likely to prejudice the child's or young person's wellbeing; and (b) the principle in the Children and Young People Act 2008, section 8 that in making a decision under that Act in relation to a particular child or young person, the decision-maker must regard the best interests of the child or young person as the paramount consideration; and (c) the degree of urgency of the matter to be dealt with by the assigned magistrate; and (d) the views and wishes (if any) of the Childrens Court Magistrate on the proposed assignment. (3) This section does not create a right in relation to the assignment of a matter under this section. (4) Without limiting subsection (3), the decision to assign or not to assign a matter under this section-- (a) must not be challenged or called into question in any court; and (b) is not subject to prohibition, mandamus or injunction in any court. (5) This section is in addition to, and does not limit, section 291B (Acting Childrens Court Magistrate). MAGISTRATES COURT ACT 1930 - SECT 291D Completion of part-heard matters (1) This section applies if-- (a) a magistrate begins to deal with a Childrens Court matter under this chapter; and (b) before the matter is finally decided, the magistrate ceases to-- (i) be the Childrens Court Magistrate; or (ii) hold an assignment under section 291B or section 291C. (2) The magistrate may continue to deal with the matter until it is finally decided. MAGISTRATES COURT ACT 1930 - SECT 291E Procedures for hearing indictable offences (1) This section applies if-- (a) a child charged with an indictable offence is brought before the Childrens Court; and (b) the court-- (i) has no power to hear and decide the charge summarily; or (ii) has the power to hear and decide the charge summarily, but decides not to. (2) The Childrens Court must deal with the charge as if-- (a) the charge were a charge for an indictable offence to which this Act applied; and (b) the Childrens Court were the Magistrates Court; and (c) any necessary changes were made. MAGISTRATES COURT ACT 1930 - SECT 291F Childrens Court may adjourn hearings to allow access to legal advice (1) This section applies to a charge for an indictable offence against a child that the Childrens Court is hearing summarily. (2) The court may, at any time, adjourn the hearing to allow any of the following people to get legal advice: (a) the child; (b) a parent of the child; (c) someone else who has daily care responsibility, or long-term care responsibility, for the child. (3) In this section: "daily care responsibility"--see the Children and Young People Act 2008, section 19. "long-term care responsibility"--see the Children and Young People Act 2008, section 20. MAGISTRATES COURT ACT 1930 - SECT 291G Childrens Court may send cases to Supreme Court for sentencing (1) This section applies if the Childrens Court convicts a person of an indictable offence. (2) The Childrens Court may, by order, commit the person to the Supreme Court for sentence if satisfied that-- (a) sentence should be passed on the person by the Supreme Court because of the character and history of the person; or (b) the sentence that is likely to be appropriate is a sentence the Childrens Court does not have power to impose. (3) In deciding whether to make an order under subsection (2) (a), the Childrens Court must consider any report provided under the Court Procedures Act 2004, section 74D (Court may order report about young person). (4) If the Childrens Court makes an order under subsection (2), the Supreme Court may deal with the person as if the person had been convicted of the offence in the Supreme Court. MAGISTRATES COURT ACT 1930 - SECT 292 Failure to comply with order in nuisance action A person must not contravene an order made by the court in a civil action for nuisance. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. MAGISTRATES COURT ACT 1930 - SECT 298 Prejudice to employee (1) An employer must not dismiss an employee, or otherwise prejudice an employee in his or her employment, because a garnishee order attaching the earnings of the employee has been made by the court. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) If-- (a) an employee is dismissed or prejudiced within 6 months after a garnishee order is made; and (b) all the elements of the offence other than the reason for the employer's action are proved; the onus of proving that the dismissal or prejudice was not because of the garnishee order is on the employer. (3) A conviction under subsection (1) does not limit, restrict or otherwise effect any obligation that the garnishee may have in relation to the judgment debtor or any right or remedy that the judgment debtor may have against the garnishee under any other law in force in the ACT. MAGISTRATES COURT ACT 1930 - SECT 307 Contempt of court (1) A person is in contempt of the Magistrates Court if the person-- (a) contravenes an order of the court or an undertaking given to the court; or (b) commits a contempt in the face or in the hearing of the court; or (c) commits any other contempt of court. Examples--par (b) 1 insulting a magistrate, the registrar, deputy registrar, bailiff or other court officer during the officer's sitting or attendance in court 2 interrupting a proceeding of the court or misbehaving in court 3 obstructing or assaulting someone in attendance in court 4 disobeying a direction of the court at the hearing of a proceeding Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (2) The Magistrates Court has the same power to deal with contempt of the Magistrates Court as the Supreme Court has to deal with contempt of the Supreme Court. (3) However, a contempt mentioned in subsection (1) (a) may be dealt with as a contempt of court only if there is no other effective way to enforce the order or undertaking. (4) To remove any doubt, this section does not limit the Supreme Court's power to deal with contempt of the Magistrates Court. MAGISTRATES COURT ACT 1930 - SECT 308 Magistrates Court's seal The Magistrates Court must have a seal. MAGISTRATES COURT ACT 1930 - SECT 309 Directions about procedure etc (1) If the procedure for taking a step in a proceeding is not set out in this Act or the law under which the step is to be taken, the court may give a direction in relation to-- (a) the procedure to be followed in relation to the step; and (b) any other relevant matter in relation to the step. (2) Without limiting subsection (1), the court may give a direction in relation to the procedure to be followed in relation to circle sentencing for certain Aboriginal or Torres Strait Islander offenders, and any other relevant matter in relation to circle sentencing. (3) To remove any doubt, a direction mentioned in subsection (2) is not taken to-- (a) establish a court; or (b) limit the Magistrates Court's discretion in sentencing an offender. (4) In this section: "Aboriginal or Torres Strait Islander" offender means an offender who-- (a) is a descendant of an Aboriginal person or Torres Strait Islander; and (b) identifies as an Aboriginal person or Torres Strait Islander; and (c) is accepted as an Aboriginal person or Torres Strait Islander by an Aboriginal or Torres Strait Islander community. "circle sentencing" means the step in a sentencing proceeding for involving members of the Aboriginal or Torres Strait Islander community and others in relation to the sentencing by the court. MAGISTRATES COURT ACT 1930 - SECT 310 Hearings generally to be in public (1) The hearing of a proceeding before the Magistrates Court must be in public. (2) However, if the magistrate presiding at a hearing is of the opinion that it is desirable in the public interest or in the interests of justice to do so, the magistrate may, by order-- (a) direct that the hearing or part of the hearing take place in private and give directions about the people who may be present; and (b) give directions prohibiting or restricting the publication of evidence given at the hearing, whether in public or in private, or of matters contained in documents lodged with the court or received in evidence by the court for the purposes of the proceeding; and (c) give directions prohibiting or restricting the disclosure to some or all of the parties to the proceeding of evidence given at the hearing, or of a matter contained in a document lodged with the court or received in evidence by the court for the purposes of the proceeding. (3) A person who, without reasonable excuse, contravenes an order under subsection (2) commits an offence. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (4) Subsection (1)-- (a) does not apply in relation to a civil matter that, under another territory law, may be dealt with otherwise than in open court; and (b) is subject to any other territory law that restricts who may be present at a hearing. MAGISTRATES COURT ACT 1930 - SECT 311 Appearance by audiovisual or audio links etc (1) This section applies if, in relation to a proceeding or a part of a proceeding (the relevant proceeding), the court has-- (a) given a direction under the Evidence (Miscellaneous Provisions) Act 1991, section 20 (1) (Territory courts may take evidence and submissions from outside ACT); or (b) made an order under the Court Procedures Rules 2006, rule 6703 (Evidence by telephone etc) about receiving evidence or submissions by telephone, video link or another form of communication in the proceeding. (2) If this section applies, a person who, in a relevant proceeding-- (a) is required or entitled to appear personally, whether as a party or as a witness; or (b) is entitled to appear for another person; may appear in the relevant proceeding and participate or give evidence in accordance with the direction or order. (3) A person who appears in a relevant proceeding in accordance with this section is taken to be before the court. (4) In this Act: "appearance", in relation to a proceeding and whether by a party or anyone else, includes appearance in accordance with this section if this section applies. (5) In this section: "proceeding" does not include a proceeding about bail. MAGISTRATES COURT ACT 1930 - SECT 312 Failure to give evidence--committal (1) This section applies if the court is satisfied-- (a) that a witness before the court has contravened any of the following provisions of the Criminal Code (the relevant Code provisions): (i) section 720 (Failing to produce document or other thing); (ii) section 721 (Failing to take oath); (iii) section 722 (Failing to answer question or give information); or (b) a person has contravened any of the relevant Code provisions in relation to an examination before the registrar under the rules. (2) The court may-- (a) adjourn the proceeding for not longer than 8 days; and (b) order that the person be remanded in custody until the earlier of the following: (i) the date to which the proceeding is adjourned; (ii) the person agrees to comply with the relevant Code provisions. Note The court must issue a warrant for the remand of the person in the chief executive's custody (see Crimes (Sentence Administration) Act 2005, s 17). (3) If-- (a) the court has adjourned the proceeding, and ordered the person's remand, under subsection (2) or this subsection; and (b) the person is later brought before the court; and (c) the person does not consent to comply with the relevant Code provisions; the court may exercise the powers mentioned in subsection (2) in relation to the person. (4) The periods for which a person is remanded under this section must not total more than 28 days. (5) However, the court must not commit a person under subsection (2) or (3) if the person is punished for an offence against any or the relevant Code provisions in relation to the contravention mentioned in subsection (1). MAGISTRATES COURT ACT 1930 - SECT 314 Registrar to give directions for preparation of transcript (1) If an application has been made for a copy of a transcript of depositions of which a record was made in accordance with section 316 (2), the registrar must give the directions the registrar considers necessary for ensuring that a transcript of the record is prepared and, for the purpose of enabling the transcript to be prepared, the record must be produced out of the custody of the registrar. (2) If a transcript of a record is prepared in accordance with directions given under subsection (1), the person who prepared the transcript, or under whose supervision the transcript was prepared, must certify on the transcript, by signed writing, that the transcript is a true transcript of a record produced out of the custody of the registrar. MAGISTRATES COURT ACT 1930 - SECT 315 Applications for transcripts (1) Subject to this section, if a record of any proceeding is constituted by-- (a) an audiovisual or a sound recording made in accordance with section 316 (2); or (b) a shorthand or similar record made in accordance with section 316 (2); or (c) writing taken down in accordance with section 316 (3); or (d) a written statement or statements in accordance with section 90AA or section 110 (2); a person may make application to the registrar for a copy or a transcript of all or part of the record. (2) The registrar must give the applicant a copy of the record or a transcript or a copy of the transcript of the record if-- (a) the applicant is a party to the proceeding; or (b) for an applicant who is not a party to the proceeding--the registrar or a magistrate is satisfied that the applicant has good reason for applying. (3) If a person applies for a transcript that has not been prepared, the registrar may require the applicant to deposit with the registrar in advance an amount that the registrar considers will not exceed the amount of the fee determined under the Court Procedures Act 2004, part 3 for the preparation of the transcript. (4) Subject to subsections (5) and (6), if the registrar receives an application in accordance with this section-- (a) the registrar must, for an application relating to depositions; and (b) the registrar may, in any other case; give to the applicant a copy of the record or a copy of a transcript of the record relating to the depositions or other matter. (5) The registrar must not give a copy of the record or a copy of a transcript under subsection (4) (a) unless there is written on the copy a certificate signed by the registrar stating that the copy is a true copy of the record or a true copy of a transcript of the record produced out of the custody of the registrar. (6) This section does not require the registrar to give a copy of a transcript of any proceeding if-- (a) the proceeding was recorded by means of an audiovisual or a sound recording made in accordance with section 316 (2); and (b) the application for the copy was made after the end of 7 years after the date of completion of the proceeding to which the record relates; and (c) the registrar does not have the record or a transcript of the record in his or her custody. (7) If an amount deposited by a person under subsection (3) exceeds the fee determined under the Court Procedures Act 2004, part 3 for the preparation of the transcript, there is payable to the person the amount of the excess. MAGISTRATES COURT ACT 1930 - SECT 316 Record of proceedings (1) In this section: "deposition" includes a statement made by an accused person in reply to the question mentioned in section 91 (1), but does not include a written statement admitted under section 90AA or section 110 (2). (2) Subject to subsection (3), a record of the depositions of a witness in any proceeding must be made-- (a) in a proceeding in relation to bail and if, in relation to proceeding or a part of the proceeding, the court has given a direction under the Evidence (Miscellaneous Provisions) Act 1991, section 20 (1) (Territory courts may take evidence and submissions from outside ACT) or section 32 (1) (Use of link in proceedings) that evidence be taken or a submission be made by audiovisual link--by means of audiovisual recording apparatus or sound-recording apparatus; and (b) in any other case-- (i) by means of sound-recording apparatus; or (ii) if the court so directs, by means of shorthand or any similar means. (3) If the court so directs, the depositions of a witness in any proceeding must not be recorded in accordance with subsection (2), but must be taken down in writing, and, after being read over to the witness or given to the witness to read, signed by the witness and the magistrate constituting the court. (4) The registrar has the custody of any record of depositions made in accordance with subsection (2). (5) The registrar may erase the record of the depositions of a witness recorded by means of recording apparatus and the record of any other part of a proceeding made by means of recording apparatus after the end of 7 years after the date of completion of the proceeding in which the record was made. (6) However, the sound recording of any part of a proceeding-- (a) in which a person charged with an indictable offence is committed to take his or her trial before the Supreme Court; or (b) in which evidence is taken under a request mentioned in section 263 (Requests under conventions relating to legal proceedings in civil and commercial matters); or (c) under the Safety, Rehabilitation and Compensation Act 1988 (Cwlth); or (d) under the Workers Compensation Act 1951 (other than prosecutions for offences against that Act); must not be erased unless a transcript of the record of that part of the proceeding has been prepared. (7) This section applies in relation to a proceeding before a magistrate as if a reference to the court were a reference to a magistrate. MAGISTRATES COURT ACT 1930 - SECT 317 Record of proceedings and transcript (1) If a record made by means of recording apparatus, shorthand or similar means is produced out of the custody of the registrar and the record purports to be a record made in accordance with section 316 (2) of the depositions of a witness in any proceeding, the record is evidence that the person made the depositions in the proceeding. (2) If-- (a) a recording is produced out of the custody of the registrar; and (b) the recording contains a record of comments that purport-- (i) to have been made at the same time as a recording made in accordance with section 316 (2) of the depositions of a person in any proceeding; and (ii) to have been made for the purpose of identifying the proceeding, voices recorded on the lastmentioned recording or anything else so recorded; the firstmentioned recording is evidence of the identity of the proceeding, of the voices or of the thing. (3) If-- (a) a document purports to be a transcript, or a copy of a transcript, of a record made in accordance with section 316 (2) of depositions made by a person in any proceeding; and (b) the document bears a certificate that purports to be a certificate given in accordance with section 314 (2) or section 315 (6); the document is evidence that the person made the depositions in the proceeding. (4) If a document-- (a) purports to be the depositions of a witness in any proceeding as taken down in writing and signed in accordance with section 316 (3); or (b) purports to be a copy of the depositions of a witness in any proceeding as so taken down in writing and signed and bears a certificate that purports to be a certificate given in accordance with section 315 (6); the document is evidence that the witness made the depositions in the proceeding. (5) In this section: "recording apparatus" means the recording apparatus, whether audiovisual or sound, by means of which a record of depositions of witnesses has been made under section 316 (2). MAGISTRATES COURT ACT 1930 - SECT 318 Person about to leave ACT may be ordered to be examined or produce documents (1) If, by evidence on oath, a magistrate is satisfied that any person is able to give material evidence or to produce relevant or material documents relating to any information or claim pending before a court, and that the person is likely to be absent from the ACT when the case comes on for hearing, the magistrate may, on the application of any party, order that the evidence of the person be taken or the documents be produced before the magistrate, at any time before the hearing, in the same way as the evidence would be taken or the documents be produced at the hearing and after reasonable notice of the intended examination or production is given to the other party. (2) If an order under subsection (1) is served on a person, it must be accompanied by a form to be completed by the person to claim his or her reasonable costs and expenses of attending the examination or production. (3) A person is not entitled to refuse to comply with an order under subsection (1) because the person was not given the form mentioned in subsection (2) when the order was served on the person. (4) The taking of depositions before a magistrate under subsection (1) is a proceeding for section 316 (Recordings of proceedings). MAGISTRATES COURT ACT 1930 - SECT 319 Witnesses' rights and liabilities On service on any person of an order made under section 318, the person must attend at the time and place appointed by the order, and has all the rights and liabilities that the person would have if the person was duly required by subpoena to appear to give evidence or to produce documents on the hearing. MAGISTRATES COURT ACT 1930 - SECT 320 Depositions to be given to registrar (1) If depositions are taken before a magistrate under section 318, there must be given to the registrar-- (a) the record of the depositions made in accordance with section 316 (2) or the document containing the depositions as taken down in writing and signed in accordance with section 316 (3); and (b) any documents produced to the magistrate. (2) If documents are produced by a person not giving evidence, the documents, must, when given to the registrar, be accompanied by a certificate signed by the magistrate stating the name of the person producing them. (3) If the court is satisfied that the person who made the depositions is not in the ACT, his or her depositions may be read by any party. (4) Any documents so given to the registrar may, subject to all just exceptions, be put in at the hearing as if produced at the hearing by the person producing them. MAGISTRATES COURT ACT 1930 - SECT 321 Regulation-making power The Executive may make regulations for this Act. Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act. MAGISTRATES COURT ACT 1930 - SECT 400 Childrens Court Magistrate (1) A declaration made under the Children and Young People Act 1999, section 50 (Childrens Court Magistrate), and in force immediately before the commencement of this Act, chapter 4A (The Childrens Court), is taken to be a declaration under this Act, section 291A (Childrens Court Magistrate). (2) However, the declaration is not taken to be a notifiable instrument. (3) An assignment made under the Children and Young People Act 1999, section 51 (Restriction on assignment to act as Childrens Court Magistrate), and in force immediately before the commencement of this Act, chapter 4A, is taken to be an assignment under this Act, section 291B (Acting Childrens Court Magistrate). (4) An assignment made under the Children and Young People Act 1999, section 53A (Assignment of other magistrates to deal with Childrens Court matters), and in force immediately before the commencement of this Act, chapter 4A, is taken to be an assignment under this Act, section 291C (Assignment of other Magistrates for Childrens Court matters). MAGISTRATES COURT ACT 1930 - SECT 401 Existing proceedings in Childrens Court (1) The amendments of this Act made by the Children and Young People Act 2008, part 1.8 apply to an existing proceeding. (2) If a difficulty arises in the application of subsection (1) to a particular proceeding, the court may make any order it considers appropriate to resolve the difficulty. (3) In this section: "existing proceeding" means a proceeding started in the Childrens Court, but not completed, before the commencement of the Children and Young People Act 2008, schedule 1, part 1.8. MAGISTRATES COURT ACT 1930 - SECT 402 Completion of part-heard matters if magistrate no longer Childrens Court magistrate etc (1) This section applies if-- (a) before the commencement day, a magistrate was dealing with a matter under the Children and Young People Act 1999, section 53B (Completion of part-heard matters); and (b) immediately before the commencement day, the matter is not finally decided. (2) The magistrate may continue to deal with the matter under this Act, until it is finally decided. MAGISTRATES COURT ACT 1930 - SECT 403 Transitional regulations (1) A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Children and Young People Act 2008, schedule 1, part 1.8 or the Children and Young People (Consequential Amendments) Act 2008. (2) A regulation may modify this chapter (including in relation to another territory law) to make provision in relation to anything that, in the Executive's opinion, is not, or is not adequately or appropriately, dealt with in this chapter. (3) A regulation under subsection (2) has effect despite anything else in this Act or another territory law. MAGISTRATES COURT ACT 1930 - SECT 404 Expiry--ch 10 (1) This chapter expires 2 years after the day it commences. (2) This chapter, other than section 403, is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies. MAGISTRATES COURT ACT 1930 - SECT 450 Application of amendments--indictable offences (1) In this section: "commencement day" means the day the Crimes Legislation Amendment Act 2008, part 1.10 (Legislation Act 2001) commences. (2) This section applies if, before the commencement day-- (a) a person has been committed to the Supreme Court under this Act in relation to an offence punishable by imprisonment for longer than 1 year but not longer than 2 years; and (b) the matter has not been finally decided. (3) The Supreme Court may deal with the matter as if the offence were still an indictable offence. MAGISTRATES COURT ACT 1930 - SECT 451 Application of certain other amendments (1) The amendments of part 3.5 (Proceedings for indictable offences) made by the Crimes Legislation Amendment Act 2008 do not apply in relation to a proceeding if the court has begun to take oral or written evidence in the proceeding before the amendments commence. (2) Part 3.5, as in force immediately before the amendments mentioned in subsection (1) commence, continues to apply in relation to the proceeding. (3) The amendments of part 3.10 (Criminal appeals) made by the Crimes Legislation Amendment Act 2008 do not apply to a proceeding on an appeal if the proceeding has started before the amendments commence. (4) Part 3.10, as in force immediately before the amendments mentioned in subsection (3) commence, continues to apply to the proceeding. MAGISTRATES COURT ACT 1930 - SECT 451A Admissibility of certain written statements made before commencement day (1) In this section: "commencement day" means the day the Crimes Legislation Amendment Act 2008, part 1.11 (Magistrates Court Act 1930) commences. (2) A written statement is not inadmissible only because it does not comply with section 90AA (3) if it-- (a) was made before the commencement day; and (b) contains words to the effect of the endorsement set out in section 90AA (3) (a). (3) This section is a law to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies. MAGISTRATES COURT ACT 1930 - SECT 452 Transitional regulations (1) A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of the Crimes Legislation Amendment Act 2008. (2) A regulation may modify this chapter (including in relation to another territory law) to make provision in relation to anything that, in the Executive's opinion, is not, or is not adequately or appropriately, dealt with in this chapter. (3) A regulation under subsection (2) has effect despite anything else in this Act or another territory law. MAGISTRATES COURT ACT 1930 - SECT 453 Expiry--ch 11 This chapter expires 1 year after the day it commences. MAGISTRATES COURT ACT 1930 - SCHEDULE 1 Schedule 1 Oath and affirmation of office (see s 10) OathI, [name], do swear that I will well and truly serve in the office ofand that I will do right to all manner of people according to law, without fear or favour, affection or ill will. So help me God! AffirmationI, [name], do solemnly and sincerely affirm and declare that I will well and truly serve in the office of and that I will do right to all manner of people, according to law, without fear or favour, affection or ill will. MAGISTRATES COURT ACT 1930 - NOTES Dictionary Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms: o corrections officer o function o judge o lawyer o proceeding. "administering authority", for an infringement notice offence, for part 3.8 (Infringement notices for certain offences)--see section 117. "another jurisdiction", for part 3.8 (Infringement notices for certain offences)--see section 117. "appeal", for part 4.5 (Civil appeals)--see section 272. "appearance"--see section 311 (4). "authorised person"-- (a) for division 3.3.3A (Court attendance notices)--see section 41A; and (b) for part 3.8 (Infringement notices for certain offences)--see section 134A (3). "bailiff" means a bailiff under this Act. "certified copies", of depositions, for division 3.5.6 (Indictable offences--other provisions)--see section 105A. "claim" means a claim under the rules. "committal order"--see the Crimes (Sentence Administration) Act 2005, section 10. "conviction"-- (a) means conviction by a magistrate for an offence; and (b) for division 3.9.3 (Reciprocal enforcement of fines against bodies corporate)--see section 166A. "court" means the Magistrates Court. "court attendance notice", for division 3.3.3A (Court attendance notices)--see section 41B. "Crimes Act", for chapter 3 (Criminal proceedings)--see section 18A. "date of service", of an infringement notice or reminder notice that has been, or is to be, served on a person, for part 3.8 (Infringement notices for certain offences)--see section 117. "decision", for chapter 3 (Criminal proceedings)--see section 18A. "default notice", for division 3.9.2 (Enforcement of fines)--see section 146. "defendant"-- (a) for chapter 3 (Criminal proceedings)--see section 18A; and (b) for part 3.7 (Service and pleading by post for certain offences)--see section 116A (1). "driver", of a vehicle, for part 3.8 (Infringement notices for certain offences)--see section 117. "fine"-- (a) for division 3.9.2 (Enforcement of fines)--see section 146; and (b) for division 3.9.3 (Reciprocal enforcement of fines against bodies corporate)--see section 166A. "fine defaulter", for division 3.9.2 (Enforcement of fines)--see section 146. "government agency", for division 3.9.2 (Enforcement of fines)--see section 146. "hearing" includes the examination of a person charged with an indictable offence. "home address", of a person, for part 3.8 (Infringement notices for certain offences)--see section 117. "illegal user declaration", for part 3.8 (Infringement notices for certain offences)--see section 131D. "indictable offence" means an offence that may be prosecuted before the Supreme Court by charge or indictment. "indictment" means an information for an indictable offence presented by an authorised officer to a court with jurisdiction to try the accused person. "information" includes a complaint brought to enforce a criminal penalty or forfeiture under a territory law. "infringement notice", for part 3.8 (Infringement notices for certain offences)--see section 117. "infringement notice offence", for part 3.8 (Infringement notices for certain offences)--see section 117. "infringement notice penalty", for a person for an infringement notice offence, for part 3.8 (Infringement notices for certain offences)--see section 117. "jury", for part 3.5 (Proceedings for indictable offences)--see section 88A. "known offender declaration", for part 3.8 (Infringement notices for certain offences)--see section 131E. "law in force in the ACT", for part 3.7 (Service and pleading by post for certain offences)--see section 116A (1). "magistrate"-- (a) means the Chief Magistrate, a magistrate, or a special magistrate and, if a function of a magistrate is exercisable by a registrar, includes a registrar exercising the function; and (b) for division 2.2.1 (Magistrates other than special magistrates)--see section 6. "notice of intention to defend form", for part 3.7 (Service and pleading by post for certain offences) (other than section 116B (2))--see section 116A (2). "notice to defendant form", for part 3.7 (Service and pleading by post for certain offences) (other than section 116B (2))--see section 116A (2). "outstanding fine", for division 3.9.2 (Enforcement of fines)--see section 146. "penalty notice", for division 3.9.2 (Enforcement of fines)--see section 146. "plea of guilty form", for part 3.7 (Service and pleading by post for certain offences) (other than section 116B (2))--see section 116A (2). "prescribed offence", for part 3.7 (Service and pleading by post for certain offences)--see section 116AA. "reciprocating court", for division 3.9.3 (Reciprocal enforcement of fines against bodies corporate)--see section 166A. "reference appeal", for division 3.10.2A (Reference appeals in criminal matters)--see section 219AB (2). "registered", for a vehicle, for part 3.8 (Infringement notices for certain offences)--see section 117. "registrar" means the registrar of the Magistrates Court, and includes a deputy registrar of the court. "relevant officer", in relation to a reciprocating court, for division 3.9.3 (Reciprocal enforcement of fines against bodies corporate)--see section 166A. "reminder notice", for part 3.8 (Infringement notices for certain offences)--see section 117. "responsible person", for a vehicle, for part 3.8 (Infringement notices for certain offences)--see the Road Transport (General) Act 1999, section 10 and section 11. "review appeal", for division 1.10.3 (Review appeals in criminal matters)--see section 219B (1). "rules "means rules under the Court Procedures Act 2004 applying in relation to the Magistrates Court. "sold vehicle declaration", for part 3.8 (Infringement notices for certain offences)--see section 131F. "State", for division 3.9.3 (Reciprocal enforcement of fines against bodies corporate)--see section 166A. "summary conviction" means conviction by a magistrate for an offence. "territory entity", for division 3.9.2 (Enforcement of fines)--see the Auditor-General Act 1996, dictionary. "territory fine", for division 3.9.3 (Reciprocal enforcement of fines against bodies corporate)--see section 166A. "unknown offender declaration", for part 3.8 (Infringement notices for certain offences)--see section 131G. "vehicle", for part 3.8 (Infringement notices for certain offences)--see the Road Transport (Vehicle Registration) Act 1999, dictionary. "vehicle-related offence", for part 3.8 (Infringement notices for certain offences)--see section 117. MAGISTRATES COURT ACT 1930 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired 3 Legislation history This Act was originally a Commonwealth ordinance--the Cour of Petty Sessions Ordinance (No 2) 1930 No 21 (Cwlth). It was renamed as the Magistrates Court Ordinance 1930 by the Magistrates Court Ordinance 1985 No 67 (s 3). The ACT Self-Government (Consequential Provisions) Act 1988 No 109 (Cwlth), s 12) converted some former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 1 July 1990. As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on its conversion to an ACT enactment on 1 July 1990. Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12). After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth) s 25). Legislation before becoming Territory enactment Magistrates Court Act 1930 No 21 notified 21 November 1930 commenced 21 November 1930 as amended by Court of Petty Sessions Ordinance 1932 No 21 notified 17 November 1932 commenced 17 November 1932 Court of Petty Sessions Ordinance 1934 No 17 notified 19 July 1934 commenced 19 July 1934 Money Lenders Ordinance 1936 No 13 notified 9 April 1936 commenced 1 May 1936 Court of Petty Sessions Ordinance 1937 No 5 notified 27 May 1937 commenced 27 May 1937 Court of Petty Sessions Ordinance (No 2) 1937 No 28 notified 23 December 1937 commenced 23 December 1937 Seat of Government (Designation) Ordinance 1938 No 25 (as amd by Ord 1938 No 35) notified 8 September 1938 commenced 8 September 1938 Ordinances Revision Ordinance 1938 No 35 notified 15 December 1938 commenced 15 December 1938 Court of Petty Sessions Ordinance 1940 No 20 notified 7 November 1940 commenced 7 November 1940 Court of Petty Sessions Ordinance (No 2) 1940 No 22 notified 12 December 1940 commenced 12 December 1940 Court of Petty Sessions Ordinance 1949 No 13 notified 1 December 1949 commenced 1 December 1949 Court of Petty Sessions Ordinance 1951 No 7 notified 26 July 1951 commenced 26 July 1951 Court of Petty Sessions Ordinance (No 2) 1951 No 12 notified 14 December 1951 commenced 14 December 1951 Court of Petty Sessions Ordinance 1953 No 14 notified 12 November 1953 commenced 3 December 1953 Court of Petty Sessions Ordinance 1958 No 12 notified 24 July 1958 commenced 24 July 1958 Court of Petty Sessions Ordinance 1961 No 2 notified 29 March 1961 commenced 29 March 1961 Court of Petty Sessions Ordinance 1966 No 2 notified 10 February 1966 commenced 14 February 1966 Court of Petty Sessions Ordinance 1967 No 1 notified 9 February 1967 commenced 9 February 1967 Court of Petty Sessions Ordinance 1968 No 25 notified 19 December 1968 commenced 1 January 1969 (Cwlth Gaz 1968 p 7565) Court of Petty Sessions Ordinance 1969 No 12 notified 20 June 1969 commenced 20 June 1969 Court of Petty Sessions Ordinance 1970 No 15 notified 19 March 1970 commenced 19 March 1970 Court of Petty Sessions Ordinance 1972 No 37 notified 16 November 1972 s 1, s 2, s 6, s 14, commenced 16 November 1972 remainder commenced 1 February 1973 (Cwlth Gaz 1972 No 118) Court of Petty Sessions Ordinance 1973 No 48 notified 17 December 1973 commenced 17 December 1973 Court of Petty Sessions Ordinance 1974 No 14 notified 17 April 1974 commenced 17 April 1974 Ordinances Revision (Age of Majority) Ordinance 1974 No 47 notified 24 October 1974 commenced 1 November 1974 Court of Petty Sessions (Amendment) Ordinance 1976 No 42 notified 13 September 1976 commenced 13 September 1976 Court of Petty Sessions (Amendment) Ordinance 1977 No 4 notified 24 March 1977 ss 1-3, 10 commenced 24 March 1977 remainder commenced 28 March 1977 (Cwlth Gaz 1977 No S52) Court of Petty Sessions (Amendment) Ordinance (No 2) 1977 No 34 notified 28 July 1977 commenced 28 July 1977 Court of Petty Sessions (Amendment) Ordinance (No 3) 1977 No 56 notified 6 October 1977 ceased to have effect because not tabled Court of Petty Sessions (Amendment) Ordinance (No 4) 1977 No 61 notified 21 November 1977 commenced 21 November 1977 Ordinances Revision Ordinance 1978 No 46 notified 28 December 1978 commenced 28 December 1978 Court of Petty Sessions (Amendment) Ordinance 1979 No 33 notified 14 November 1979 commenced 14 November 1979 Court of Petty Sessions (Amendment) Ordinance (No 2) 1979 No 41 notified 18 December 1979 commenced 18 December 1979 Court of Petty Sessions (Amendment) Ordinance 1980 No 4 notified 20 March 1980 commenced 1 April 1980 (Cwlth Gaz 1980 No S66) Court of Petty Sessions (Amendment) Ordinance (No 2) 1980 No 10 notified 26 March 1980 commenced 26 March 1980 Court of Petty Sessions (Amendment) Ordinance 1982 No 2 notified 26 February 1982 commenced 1 September 1982 (Cwlth Gaz 1982 No S178) Court of Petty Sessions (Amendment) Ordinance (No 2) 1982 No 3 notified 26 February 1982 commenced 26 February 1982 Court of Petty Sessions (Amendment) Ordinance 1984 No 9 notified 11 April 1984 commenced 11 April 1984 Court of Petty Sessions (Amendment) Ordinance (No 2) 1984 No 10 notified 11 April 1984 commenced 11 April 1984 Court of Petty Sessions (Amendment) Ordinance (No 3) 1984 No 16 notified 1 June 1984 commenced 1 June 1984 Court of Petty Sessions (Amendment) Ordinance (No 4) 1984 No 61 notified 2 November 1984 commenced 2 November 1984 Court of Petty Sessions (Amendment) Ordinance (No 5) 1984 No 62 notified 2 November 1984 commenced 2 November 1984 Court of Petty Sessions (Amendment) Ordinance 1985 No 17 notified 17 April 1985 commenced 17 April 1985 Court of Petty Sessions (Amendment) Ordinance (No 2) 1985 No 18 notified 17 April 1985 commenced 17 April 1985 Court of Petty Sessions (Amendment) Ordinance (No 3) 1985 No 41 notified 5 September 1985 commenced 5 September 1985 Limitation Ordinance 1985 No 66 notified 19 December 1985 commenced 19 December 1985 Magistrates Court Ordinance 1985 No 67 notified 19 December 1985 commenced 1 February 1986 (Cwlth Gaz 1986 No G3) Magistrates Court (Amendment) Ordinance 1986 No 33 notified 7 August 1986 commenced 7 August 1986 Domestic Violence (Miscellaneous Amendments) Ordinance 1986 No 53 notified 4 September 1986 commenced 1 October 1986 (Cwlth Gaz 1986 No S484) Crimes (Amendment) Ordinance (No 4) 1986 No 57 notified 3 October 1986 commenced 3 October 1986 Magistrates Court (Amendment) Ordinance (No 2) 1986 No 71 notified 30 October 1986 commenced 1 April 1987 (Cwlth Gaz 1987 No S52) Magistrates Court (Amendment) Ordinance (No 3) 1986 No 74 notified 14 November 1986 commenced 14 November 1986 Magistrates Court (Amendment) Ordinance (No 4) 1986 No 83 notified 22 December 1986 commenced 22 December 1986 Magistrates Court (Amendment) Ordinance 1987 No 56 notified 21 October 1987 commenced 21 October 1987 Magistrates Court (Amendment) Ordinance 1988 No 45 notified 27 July 1988 commenced 27 July 1988 Magistrates Court (Amendment) Ordinance 1989 No 55 notified 30 June 1989 commenced 1 July 1989 Magistrates Court (Amendment) Ordinance (No 2) 1989 No 59 notified 25 October 1989 s 11, s 12, s 14 commenced 27 June 1990 (Cwlth Gaz 1990 No GN25) remainder commenced 25 October 1989 Magistrates Court (Amendment) Ordinance (No 3) 1989 No 60 notified 20 December 1989 commenced 14 February 1990 (Cwlth Gaz 1990 No GN5) Crimes (Amendment) Ordinance 1990 No 1 notified 23 May 1990 commenced 23 May 1990 Self-Government (Consequential Amendments) Ordinance 1990 No 5 notified 27 June 1990 s 1, s 2 commenced 27 June 1990 remainder commenced 1 July 1990 Magistrates Court (Appeals Against Sentence) Ordinance 1990 No 9 notified 29 June 1990 commenced 29 June 1990 Legislation after becoming Territory enactment Magistrates Court (Amendment) Act 1990 No 65 notified 24 December 1990 commenced 24 December 1990 Weapons (Consequential Amendments) Act 1991 No 9 sch notified 3 April 1991 (Gaz 1991 No S19) s 1, s 2 commenced 3 April 1991 (s 2 (1)) sch commenced 3 October 1991 (s 2 (2)) Magistrates Court (Amendment) Act 1991 No 38 notified 20 September 1991 ss 1-3 commenced 20 September 1991 remainder commenced 25 September 1991 (Gaz 1991 No S103) Magistrates and Coroner's Courts (Registrar) Act 1991 No 44 notified 20 September 1991 (Gaz 1991 No S95) s 1, s 2 commenced 20 September 1991 (s 2 (1)) remainder commenced 25 September 1991 (s 2 (2) and Gaz 1991 No S103) Magistrates Court (Amendment) Act (No 2) 1991 No 79 notified 11 December 1991 ss 1-3 commenced 11 December 1991 remainder commenced 11 June 1992 Workers' Compensation (Consequential Amendments) Act 1991 No 106 sch notified 15 January 1991 (Gaz 1992 No S3) s 1, s 2 commenced 15 January 1992 (s 2 (1)) remainder commenced 22 January 1992 (s 2 (2) and Gaz 1992 No S9) Magistrates Court (Amendment) Act (No 3) 1991 No 112 notified 10 January 1992 s 1, s 2 commenced 10 January 1992 remainder commenced 18 May 1992 (Gaz 1992 No S57) Bail (Consequential Amendments) Act 1992 No 9 notified 28 May 1992 (Gaz 1992 No S59) s 1, s 2 commenced 28 May 1992 (s 2 (1)) remainder commenced 28 November 1992 (s 2 (3)) Statute Law Revision (Miscellaneous Provisions) Act 1992 No 23 sch 1 notified 4 June 1992 (Gaz 1992 No S71) commenced 4 June 1992 Protection Orders (Reciprocal Arrangements) (Consequential Amendments) Act 1992 No 37 pt 3 notified 8 July 1992 (Gaz 1992 No S103) ss 1-6 and 8-11 commenced 8 July 1992 (s 2 (1)) s 7, s 12 commenced 3 August 1992 (s 2 (2) and Gaz 1992 No S130) Evidence (Amendment) Act 1993 No 2 notified 1 March 1993 commenced 1 March 1993 Magistrates Court (Amendment) Act 1993 No 4 notified 1 March 1993 ss 1-3 commenced 1 March 1993 ss 4-19, 21-24, 26-32 commenced 8 March 1993 (Gaz 1993 No 32) remainder commenced 1 September 1993 Magistrates Court (Amendment) Act (No 2) 1993 No 48 notified 27 August 1993 ss 1-3 commenced 27 August 1993 remainder commenced 27 September 1993 (s 2 (2) and Gaz 1993 No S201) Supreme Court (Amendment) Act (No 2) 1993 No 91 notified 17 December 1993 commenced 17 December 1993 Magistrates Court (Amendment) Act 1994 No 4 notified 14 March 1994 ss 1-4, s 10, s 12, s 13 commenced 14 March 1994 remainder commenced 1 July 1994 (s 2 (2)) Judicial Commissions (Consequential Amendments) Act 1994 No 10 notified 14 March 1994 (Gaz 1994 No S44) commenced 14 March 1994 (s 2) Public Sector Management (Consequential and Transitional Provisions) Act 1994 No 38 notified 30 June 1994 (Gaz 1994 No S121) s 1, s 2 commenced 30 June 1994 (s 2 (1)) remainder commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142) Mental Health (Consequential Provisions) Act 1994 No 45 notified 7 September 1994 (Gaz 1994 No S177) s 1, s 2 commenced 7 September 1994 (s 2 (1)) remainder commenced 6 February 1995 (s 2 (2) and Gaz 1995 No S33) Magistrates Court (Enforcement of Judgments) Act 1994 No 61 notified 11 October 1994 s 1, s 2 commenced 11 October 1994 remainder commenced 10 April 1995 (Gaz 1995 No S75) Coroners (Amendment) Act (No 2) 1994 No 66 notified 11 October 1994 commenced 11 October 1994 Statute Law Revision (Penalties) Act 1994 No 81 sch notified 29 November 1994 (Gaz 1994 No S253) s 1, s 2 commenced 29 November 1994 (s 2 (1)) remainder commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269) Magistrates Court (Amendment) Act 1995 No 41 notified 7 November 1995 s 1, s 2 commenced 7 November 1995 remainder commenced 7 May 1996 Statute Law Revision Act 1995 No 46 sch notified 18 December 1995 (Gaz 1995 No S306) amdts commenced 18 December 1995 (s 2) Magistrates Court (Amendment) Act 1996 No 6 notified 12 March 1996 ss 1-3 commenced 12 March 1996 s 7 commenced 25 September 1991 remainder commenced 12 September 1996 Criminal Injuries Compensation (Amendment) Act 1996 No 68 notified 20 December 1996 ss 1-3 commenced 20 December 1996 remainder commenced 1 January 1997 (Gaz 1996 No S352) Firearms Act 1996 No 74 notified 20 December 1996 s 1, s 2 commenced 20 December 1996 remainder commenced 17 May 1997 (Gaz 1997 No S135) Magistrates Court (Amendment) Act (No 2) 1996 No 82 notified 20 December 1996 ss 1-3 commenced 20 December 1996 remainder commenced 1 January 1997 (Gaz 1996 No S353) Magistrates Court (Amendment) Act 1997 No 25 notified 29 May 1997 ss 1-3 commenced 29 May 1997 remainder commenced 30 May 1997 (s 2 (2) and Gaz 1997 No S149) Remuneration Tribunal (Consequential Amendments) Act 1997 No 41 sch 1 (as am by Act 2002 No 49 amdt 3.222) notified 19 September 1997 (Gaz 1997 No S264) commenced 24 September 1997 (s 2 as am by Act 2002 No 49 amdt 3.222) Magistrates Court (Civil Jurisdiction) (Amendment) Act 1997 No 94 notified 1 December 1997 ss 1-3 commenced 1 December 1997 remainder commenced 25 May 1998 (Gaz 1998 No S140) Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch 1 notified 1 December 1997 (Gaz 1997 No S380) s 1, s 2 commenced 1 December 1997 (s 2 (1)) sch 1 commenced 1 June 1998 (s 2 (2)) Magistrates Court (Amendment) Act 1998 No 25 notified 10 July 1998 s 1, s 2 commenced 10 July 1998 remainder commenced 1 January 1999 (Gaz 1998 No 50) Magistrates Court (Amendment) Act (No 2) 1998 No 38 notified 14 October 1998 ss 1-3 commenced 14 October 1998 remainder commenced 19 October 1998 (Gaz 1998 No 41) Statute Law Revision (Penalties) Act 1998 No 54 sch notified 27 November 1998 (Gaz 1998 No S207) s 1, s 2 commenced 27 November 1998 (s 2 (1)) remainder commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49) Custodial Escorts (Consequential Provisions) Act 1998 No 67 notified 23 December 1998 (Gaz 1998 No S212) s 1, s 2 commenced 23 December 1998 (s 2 (1)) remainder commenced 23 December 1998 (s 2 (2) and Gaz 1998 No 51) Children's Services (Amendment) Act 1999 No 12 notified 23 March 1999 commenced 1 May 1999 Courts and Tribunals (Audio Visual and Audio Linking) Act 1999 No 22 notified 14 April 1999 (Gaz 1999 No S16) s 1, s 2 commenced 14 April 1999 (s 2 (1)) remainder commenced 1 September 1999 (s 2 (2) and Gaz 1999 No 35) Magistrates Court (Amendment) Act 1999 No 34 notified 2 July 1999 commenced 2 July 1999 Magistrates Court Amendment Act (No 2) 1999 No 59 notified 10 November 1999 (Gaz 1999 No 45 and 1999 No 47) commenced 10 November 1999 Children's Services Amendment Act (No 2) 1999 No 61 notified 10 November 1999 s 1, s 2 commenced 10 November 1999 remainder commenced 1 December 1999 Children and Young People (Consequential Amendments) Act 1999 No 64 sch 2 notified 10 November 1999 (Gaz 1999 No 45) s 1, s 2 commenced 10 November 1999 (s 2 (1)) remainder commenced 10 May 2000 (s 2 (2)) Law Reform (Miscellaneous Provisions) Act 1999 No 66 sch 3 notified 10 November 1999 (Gaz 1999 No 45) commenced 10 November 1999 (s 2) Road Transport Legislation Amendment Act 1999 No 79 sch 3 notified 23 December 1999 (Gaz 1999 No S65) s 1, s 2 commenced 23 December 1999 (IA s 10B) remainder commenced 1 March 2000 (s 2 (2) and Gaz 2000 No S5) Victims of Crime (Financial Assistance) (Amendment) Act 1999 No 91 sch 2 notified 23 December 1999 (Gaz 1999 No S65) s 1, s 2 commenced 23 December 1999 (IA s 10B) remainder commenced 24 December (s 2 (2) and Gaz 1999 No S69) Justice and Community Safety Legislation Amendment Act 2000 No 1 sch notified 9 March 2000 (Gaz 2000 No 10) s 1, s 2 commenced 9 March 2000 (s 2 (1)) amdts commenced 9 September 2000 (s 2 (3)) Justice and Community Safety Legislation Amendment Act 2000 (No 3) No 17 sch 1 notified 1 June 2000 (Gaz 2000 No 22) commenced 1 June 2000 (s 2) Magistrates Court Amendment Act 2000 No 60 notified 5 October 2000 (Gaz 2000 No 40) commenced 5 October 2000 (s 2) Leases (Commercial and Retail) Act 2001 No 18 s 174 notified 19 April 2001 (Gaz 2001 No 16) s 1, s 2 commenced 19 April 2001 (IA s 10B) s 174 commenced 1 July 2002 (s 2) Legislation (Consequential Amendments) Act 2001 No 44 pt 237 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 237 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Statute Law Amendment Act 2001 (No 2) 2001 No 56 pt 3.37 notified 5 September 2001 (Gaz 2001 No S65) commenced 5 September 2001 (s 2 (1)) Road Transport (Public Passenger Services) Act 2001 No 62 pt 1.1 notified 10 September 2001 (Gaz 2001 No S66) s 1, s 2 commenced 10 September 2001 (IA s 10B) pt 1.1 commences 1 December 2001 (s 2 and CN 2001 No 2) Crimes Legislation Amendment Act 2001 No 63 pt 8 notified 10 September 2001 (Gaz 2001 No S66) s 1, s 2 commenced 10 September 2001 (IA s 10B) pt 8 commenced 27 September 2001 (s 2 (2) and CN 2001 No 3) Criminal Code 2001 Act No 64 sch 1 (as am by Criminal Code Amendment Act 2002 No 2) notified 10 September 2001 (Gaz 2001 No S66) repealed before commencement by Criminal Code 2002 No 51 s 126 Justice and Community Safety Legislation Amendment Act 2001 No 70 sch 1 notified LR 14 September 2001 amdt commenced 14 September 2001 (s 2 (5)) Fair Trading Legislation Amendment Act 2001 No 77 pt 4 notified LR 14 September 2001 s 1, s 2 commenced 14 September 2001 (LA s 75) pt 4 commenced 14 March 2002 (LA s 79) Protection Orders (Consequential Amendments) Act 2001 No 90 sch 1 pt 8 notified LR 27 September 2001 s 1, s 2 commenced 27 September 2001 (LA s 75) sch 1 pt 8 commenced 27 March 2002 (s 2 and LA s 79) Criminal Code Amendment Act 2002 No 2 s 4 notified LR 7 March 2002 s 1, s 2 commenced 7 March 2002 (LA s 75) remainder commenced 9 March 2002 (s 2) Note This Act only amends the Criminal Code 2001 Act No 64. The Criminal Code 2001 was repealed before it commenced (see Act 2002 No 51 s 126) Statute Law Amendment Act 2002 No 30 pt 3.46 notified LR 16 September 2002 s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2)) pt 3.46 commenced 17 September 2002 (s 2 (1)) Magistrates Court (Refund of Fees) Amendment Act 2002 No 36 notified LR 10 October 2002 s 1, s 2 commenced 10 October 2002 (LA s 75 (1)) remainder commenced 11 October 2002 (s 2) Statute Law Amendment Act 2002 (No 2) No 49 amdt 3.222 notified LR 20 December 2002 s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2)) amdt 3.222 taken to have commenced 24 September 1997 (s 2 (3)) Note This Act only amends the Remuneration Tribunal (Consequential Amendments) Act 1997 No 41. Justice and Community Safety Legislation Amendment Act 2003 A2003-2 pt 14 notified LR 3 March 2003s 1, s 2 commenced 3 March 2003 (LA s 75 (1))pt 14 commenced 31 March 2003 (s 2 (2)) Evidence (Miscellaneous Provisions) Amendment Act 2003 A2003-48 sch 2 pt 2.8 notified LR 31 October 2003 s 1, s 2 commenced 31 October 2003 (LA s 75 (1)) sch 2 pt 2.8 commenced 30 April 2004 (s 2 and LA s 79) Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.14 notified LR 5 December 2003 s 1, s 2 commenced 5 December 2003 (LA s 75 (1)) sch 3 pt 3.14 commenced 19 December 2003 (s 2) Sexuality Discrimination Legislation Amendment Act 2004 A2004-2 sch 2 pt 2.6 notified LR 18 February 2004s 1, s 2 commenced 18 February 2004 (LA s 75 (1))sch 2 pt 2.6 commenced 22 March 2004 (s 2 and CN2004-4) Bail Amendment Act 2004 A2004-14 sch 2 pt 2.2 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 2 pt 2.2 commenced 26 June 2004 (s 2 (1)) Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 3 pt 3.4 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 3 pt 3.4 commenced 9 April 2004 (s 2 (1)) Statute Law Amendment Act 2004 A2004-42 sch 1 pt 1.4 notified LR 11 August 2004 s 1, s 2 commenced 11 August 2004 (LA s 75 (1)) amdt 1.10, amdt 1.11 commenced 30 September 2004(s 2 (2) and see Litter Act 2004 A2004-47, s 2 and CN2004-22) sch 1 pt 1.4 remainder commenced 25 August 2004 (s 2 (1)) Litter Act 2004 A2004-47 sch 1 notified LR 16 August 2004 s 1, s 2 commenced 16 August 2004 (LA s 75 (1)) sch 1 commenced 30 September 2004 (s 2 and CN2004-22) Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.40, pt 1.51 (in part) notified LR 2 September 2004s 1, s 2 commenced 2 September 2004 (LA s 75 (1)) sch 1 pt 1.40, pt 1.51 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29) Justice and Community Safety Legislation Amendment Act 2005 A2005-5 pt 8 notified LR 23 February 2005 s 1, s 2 commenced 23 February 2005 (LA s 75 (1)) pt 8 commenced 24 February 2005 (s 2 (2)) Crimes Amendment Act 2005 A2005-7 pt 4 notified LR 23 February 2005 s 1, s 2 commenced 23 February 2005 (LA s 75 (1)) pt 4 commenced 24 February 2005 (s 2) Domestic Violence and Protection Orders Amendment Act 2005 A2005-13 sch 1 pt 1.12 notified LR 24 March 2005s 1, s 2 commenced 24 March 2005 (LA s 75 (1)) sch 1 pt 1.12 commenced 25 March 2005 (s 2) Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.35 notified LR 12 May 2005 s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2)) sch 1 pt 3.35 commenced 2 June 2005 (s 2 (1)) Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 1 pt 1.20 notified LR 26 October 2005 s 1, s 2 commenced 26 October 2005 (LA s 75 (1)) sch 1 pt 1.20 commenced 23 November 2005 (s 2) Justice and Community Safety Legislation Amendment Act 2005 (No 4) A2005-60 sch 1 pt 1.19 notified LR 1 December 2005 s 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2)) sch 1 pt 1.19 commenced 22 December 2005 (s 2 (4)) Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.27 notified LR 18 May 2006 s 1, s 2 commenced 18 May 2006 (LA s 75 (1)) sch 1 pt 1.27 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79) Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 2 pt 2.23 (as am by A2006-55 pt 4) notified LR 28 September 2006s 1, s 2 commenced 28 September 2006 (LA s 75 (1))sch 2 pt 2.23 commenced 1 January 2007 (s 2 (4)) Court Legislation Amendment Act 2006 A2006-55 pt 4, pt 5 notified LR 18 December 2006 s 1, s 2 commenced 18 December 2006 (LA s 75 (1)) pt 4 commenced 1 January 2007 (LA s 79A and A2006-40) pt 5 commenced 19 December 2006 (s 2) Housing Assistance Act 2007 A2007-8 sch 1 pt 1.7 notified LR 10 May 2007 s 1, s 2 commenced 10 May 2007 (LA s 75 (1)) sch 1 pt 1.7 commenced 10 November 2007 (s 2 and LA s 79) Corrections Management Act 2007 A2007-15 sch 1 pt 1.6 notified LR 18 June 2007 s 1, s 2 commenced 18 June 2007 (LA s 75 (1)) sch 1 pt 1.6 commenced 18 December 2007 (s 2 and LA s 79) Victims of Crime Amendment Act 2007 A2007-44 sch 1 pt 1.2 notified LR 13 December 2007 s 1, s 2 commenced 13 December 2007 (LA s 75 (1)) sch 1 pt 1.2 commenced 20 December 2007 (s 2) Crimes Amendment Act 2008 A2008-6 pt 5 notified LR 15 April 2008 s 1, s 2 commenced 15 April 2008 (LA s 75 (1)) pt 5 commenced 16 April 2008 (s 2) Children and Young People Act 2008 A2008-19 sch 1 pt 1.8 notified LR 17 July 2008 s 1, s 2 commenced 17 July 2008 (LA s 75 (1)) sch 1 pt 1.8 commenced 27 February 2009 (s 2 and CN2008-17 (and see CN2008-13)) Children and Young People (Consequential Amendments) Act 2008 A2008-20 sch 1 pt 1.5 notified LR 17 July 2008 s 1, s 2 commenced 17 July 2008 (LA s 75 (1)) s 3 commenced 18 July 2008 (s 2 (1)) sch 1 pt 1.5 commenced 27 February 2009 (s 2 (5) and see Children and Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see CN2008-13)) Justice and Community Safety Legislation Amendment Act 2008 (No 2) A2008-22 sch 1 pt 1.6 notified LR 8 July 2008 s 1, s 2 commenced 8 July 2008 (LA s 75 (1)) sch 1 pt 1.6 commenced 29 July 2008 (s 2) Justice and Community Safety Legislation Amendment Act 2008 (No 3) A2008-29 sch 1 pt 1.10 notified LR 13 August 2008 s 1, s 2 commenced 13 August 2008 (LA s 75 (1)) sch 1 pt 1.10 commenced 27 August 2008 (s 2) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.36 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.36 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.74 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.74 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Sexual and Violent Offences Legislation Amendment Act 2008 A2008-41 pt 3 notified LR 8 September 2008 s 1, s 2 commenced 8 September 2008 (LA s 75 (1)) pt 3 commenced 30 May 2009 (s 2 and CN2009-3) Court Legislation Amendment Act 2008 A2008-42 pt 4 notified LR notified LR 8 September 2008 s 1, s 2 commenced 8 September 2008 (LA s 75 (1)) pt 4 commenced 8 March 2009 (s 2 and LA s 79) Crimes Legislation Amendment Act 2008 A2008-44 sch 1 pt 1.11 notified LR 9 September 2008 s 1, s 2 commenced 9 September 2008 (LA s 75 (1)) sch 1 pt 1.11 commenced 30 May 2009 (s 2 and CN2009-4) Domestic Violence and Protection Orders Act 2008 A2008-46 sch 3 pt 3.12 notified LR 10 September 2008 s 1, s 2 commenced 10 September 2008 (LA s 75 (1)) sch 3 pt 3.12 commenced 30 March 2009 (s 2) Justice and Community Safety Legislation Amendment Act 2009 A2009-7 sch 1 pt 1.8 notified LR 5 March 2009 s 1, s 2 commenced 5 March 2009 (LA s 75 (1)) sch 1 pt 1.8 commenced 30 May 2009 (s 2 (4) and see Crimes Legislation Amendment Act 2008 A2008-44, s 2 and CN2009-4) as modified by Magistrates Court (Transitional Provisions) Regulation 2009 SL2009-20 notified LR 18 May 2009 s 1, s 2 commenced 18 May 2009 (LA s 75 (1)) remainder commenced 30 May 2009 (s 2 and see Crimes Legislation Amendment Act 2008 A2008-44, s 2 and CN2009-4) as amended by Justice and Community Safety Legislation Amendment Act 2009 (No 2) A2009-19 pt 11 notified LR 1 September 2009 s 1, s 2 commenced 1 September 2009 (LA s 75 (1)) pt 11 commenced 29 September 2009 (s 2) Road Transport (Mass, Dimensions and Loading) Act 2009 A2009-22 sch 1 pt 1.1 notified LR 3 September 2009 s 1, s 2 commenced 3 September 2009 (LA s 75 (1)) sch 1 pt 1.1 awaiting commencement (s 2) Note default commencement under LA s 79: 3 March 2010 Crimes Legislation Amendment Act 2009 A2009-24 sch 1 pt 1.9 notified LR 3 September 2009 s 1, s 2 commenced 3 September 2009 (LA s 75 (1)) sch 1 pt 1.9 commenced 4 September 2009 (s 2) Courts (Appointments) Amendment Act 2009 A2009-37 pt 2 notified LR 21 October 2009 s 1, s 2 commenced 21 October 2009 (LA s 75 (1)) pt 2 commenced 22 October 2009 (s 2) as modified by ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009 SL2009-2 s 67 (as am by SL2009-51 s 6, s 8) notified LR 29 January 2009 s 1, s 2 commenced 29 January 2009 (LA s 75 (1)) s 67 commenced 2 February 2009 (s 2 and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) ACT Civil and Administrative Tribunal (Transitional Provisions) Amendment Regulation 2009 (No 1) SL2009-51 s 6, s 8 notified LR 30 October 2009 s 1, s 2 commenced 30 October 2009 (LA s 75 (1)) s 6, s 8 commenced 31 October 2009 (s 2) Note This regulation only amends the ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009 SL2009-2. 4 Amendment history The Magistrates Court (Enforcement of Judgments) Act 1994 No 61 s 28 amended the Act by reversing the order of masculine and feminine pronouns. The amendments have been incorporated in the republication but have not been noted in the amendment history. Titletitle am 1985 No 67 Preliminarych 1 hdg ins A2004-60 amdt 1.181 Preliminarypt 1 hdg om A2004-60 amdt 1.181 Name of Acts 1 sub A2003-56 amdt 3.161 Dictionarys 2 om 1978 No 46 ins A2004-60 amdt 1.182 am A2005-20 amdt 3.193 Notess 3 om 1994 No 61 ins A2004-60 amdt 1.182 (2), (3) exp 10 January 2006 (s 3 (3)) Offences against Act--application of Criminal Code etcs 3A ins A2005-53 amdt 1.107 om A2006-55 s 12 Magistrates Court and magistratesch 2 hdg ins A2004-60 amdt 1.184 Appointment and jurisdiction of magistratespt 2 hdg renum as pt 2.2 hdg The courtpt 2.1 hdg ins A2004-60 amdt 1.184 Constitution of courts 4 orig s 4 am 1937 No 28; 1953 No 14 sub 1958 No 12 am 1968 No 25; 1972 No 37 om 1974 No 14 (prev s 18) am 1940 No 20; 1985 No 67; ord 1990 No 5; 2001 No 44 amdt 1.2750; A2004-60 amdt 1.195, amdt 1.196 reloc by A2004-60 amdt 1.197 am A2005-20 amdt 3.194; A2006-55 s 13 Arrangement of court businesss 5 am 1937 No 28; 1938 No 35; 1951 No 7; 1951 No 12; 1953 No 14;1958 No 12; 1967 No 1; 1968 No 25; 1973 No 48; 1976 No 42; 1980 No 4; 1984 No 62; 1985 No 17; 1985 No 41; 1985 No 67; 1986 No 74; 1989 No 59; 1989 No 60; ord 1990 No 5; 1991 No 38; 1991 No 44; 1992 No 9; 1993 No 4; 1993 No 91; 1994 No 4; 1996 No 6; 1996 No 82; 1997 No 96; 1998 No 67; 1999 No 22 s 18; 1999 No 66 sch 3; 1999 No 79 s 5 sch 3; 2001 No 44 amdt 1.2748 om A2004-60 amdt 1.183 ins A2005-20 amdt 3.195 Appointment and jurisdiction of magistratespt 2.2 hdg (prev pt 2 hdg) renum A2004-60 amdt 1.184 Magistrates other than special magistratesdiv 2.2.1 hdg (prev pt 2 div 1 hdg) ins 1977 No 4 am 1985 No 67 renum as div 2.1 hdg R8 LA sub and renum A2004-60 amdt 1.186 sub A2005-20 amdt 3.196 Meaning of magistrate in div 2.2.1s 6 sub 1951 No 12 am ord 1990 No 5 om A2004-60 amdt 1.183 ins A2005-20 amdt 3.196 Meaning of magistrate in div 2.2.1s 6A hdg sub A2004-60 amdt 1.187s 6A ins 1977 No 4 am 1985 No 67 om A2005-20 amdt 3.196 Appointment of Chief Magistrate and other magistratess 7 sub 1949 No 13 am 1951 No 7; 1951 No 12; 1973 No 48 sub 1977 No 4; 1985 No 67 am ord 1990 No 5 sub A2005-20 amdt 3.196 Requirements of appointment--magistratess 7AA ins A2009-37 s 4 Eligibility for appointment as magistrates 7A ins A2005-20 amdt 3.196 Seniority of magistratess 7B ins A2005-20 amdt 3.196 Conditions of appointment of magistratess 7C ins A2005-20 amdt 3.196 Term of appointment of magistratess 7D ins A2005-20 amdt 3.196 Acting Chief Magistrates 7E ins A2005-20 amdt 3.196 Retirements 7F ins A2005-20 amdt 3.196 sub A2009-19 s 57 Magistrates not to do other works 7G ins A2005-20 amdt 3.196 Rights of public servantss 7H ins A2005-20 amdt 3.196 Special magistratesdiv 2.2.2 hdg (prev pt 2 div 2 hdg) ins 1977 No 4 renum as div 2.2 hdg R8 LA renum A2004-60 amdt 1.189 sub A2005-20 amdt 3.197 Appointment of special magistratess 8 am 1949 No 13 sub 1977 No 4 am 1997 No 96 sub A2005-20 amdt 3.197 Requirements of appointment--special magistratess 8AA ins A2009-37 s 5 Term of appointment of special magistratess 8A ins 1973 No 48 om 1977 No 4 ins A2005-20 amdt 3.197 Conditions of appointment of special magistratess 8B ins 1973 No 48 om 1977 No 4 ins A2005-20 amdt 3.197 Registrar and other court officersdiv 2.2.3 hdg (prev pt 2 div 3 hdg) ins 1977 No 4 am 1985 No 67; 1991 No 44 renum as div 2.3 hdg R8 LA sub and renum A2004-60 amdt 1.190 sub A2005-20 amdt 3.198 Appointment of registrar etcs 9 sub 1977 No 4 am 1985 No 67 om A2005-20 amdt 3.196 ins A2005-20 amdt 3.198 Staff assisting registrars 9A ins A2005-20 amdt 3.198 Functions of registrar and deputy registrarss 9B ins A2005-20 amdt 3.198 sub A2006-40 amdt 2.129 (as am A2006-55 s 10) Terms and conditions of appointments 10 am 1938 No 35; 1973 No 48 sub 1977 No 4 am ord 1990 No 5 sub 1997 No 41 om A2005-20 amdt 3.196 Tenure of offices 10A ins 1977 No 4 om A2005-20 amdt 3.196 Resignations 10B ins 1977 No 4 am ord 1990 No 5 om A2005-20 amdt 3.196 Acting Chief Magistrates 10C ins 1977 No 4 am 1985 No 67; ord 1990 No 5 om A2005-20 amdt 3.196 Retirements 10D ins 1977 No 4 sub 1994 No 10 om A2005-20 amdt 3.196 Magistrates not to undertake other works 10E ins 1977 No 4 am 1993 No 4; 1996 No 6 om A2005-20 amdt 3.196 Rights of public servantss 10F ins 1977 No 4 sub 1994 No 38 om A2005-20 amdt 3.196 Arrangement of business of courtss 10G ins 1977 No 4 am 1985 No 67; 1986 No 74; 1994 No 66 sub 1999 No 12 am 1999 No 61 s 6; 1999 No 64 s 4 sch 2; A2004-60 amdt 1.188 om A2005-20 amdt 3.196 Appointment of special magistratess 10H ins 1977 No 4 am ord 1990 No 5 om A2005-20 amdt 3.197 Tenure of offices 10J ins 1977 No 4 sub 1994 No 10 am 1996 No 6 om A2005-20 amdt 3.197 Resignations 10K ins 1977 No 4 am ord 1990 No 5 om A2005-20 amdt 3.197 Terms and conditions of appointments 10L ins 1977 No 4 am ord 1990 No 5 sub 1997 No 41 om A2005-20 amdt 3.197 Appointment of registrar etcs 10M hdg am 1991 No 44s 10M ins 1977 No 4 am 1985 No 67; 1991 No 44 sub 1993 No 4 om A2005-20 amdt 3.198 Staff assisting registrars 10MA ins 1994 No 38 om A2005-20 amdt 3.198 Duties of registrars 10N hdg am 1991 No 44s 10N ins 1977 No 4 am 1991 No 44 om A2005-20 amdt 3.198 Jurisdiction of magistratesdiv 2.2.4 hdg (prev pt 2 div 4 hdg) ins 1977 No 4 renum as div 2.4 hdg R8 LA renum A2004-60 amdt 1.191 Oath etc of offices 10P ins 1977 No 4 am ord 1990 No 5; 2001 No 44 amdt 1.2749 sub A2005-20 amdt 3.199 Acts done beyond ACTs 10Q renum as s 11 Acts done beyond ACTs 11 hdg am 1991 No 44s 11 orig s 11 am 1991 No 44; 1994 No 61; 1996 No 6 reloc to Magistrates Court Rules 1932, pt 19 as rule 99 by A2005-20 amdt 3.202 (prev s 10Q) ins 1977 No 4 am A2005-20 amdt 3.200 renum A2005-20 amdt 3.201 Acts by magistrate out of court etcs 12 hdg am 1991 No 44s 12 am 1937 No 28; 1986 No 74; 1991 No 44; 1996 No 6 sub A2005-20 amdt 3.203 Making of enforcement order after case decideds 13 hdg sub A2006-40 amdt 2.130s 13 am 1991 No 44; 1994 No 61 sub A2005-20 amdt 3.203; A2006-23 amdt 1.220 am A2006-40 amdt 2.131 Warrants of execution after appeals 14 om 1972 No 37 Process not invalid only because of death of magistrate etcs 15 hdg am 1991 No 44s 15 am 1991 No 44; 1994 No 61 sub A2005-20 amdt 3.204 am A2006-40 amdt 2.132 Order instead of mandamus orders 16 hdg sub A2006-40 amdt 2.133s 16 am 1937 No 28; 1977 No 4; 1991 No 44; 1996 No 6; A2004-60 amdt 1.192; A2006-40 amdt 2.134, amdt 2.135 Magistrates may exercise functions of justices of peaces 17 hdg sub A2005-20 amdt 3.205s 17 am 1937 No 28; ord 1990 No 5 Protection of magistrates in execution of their officept 2.3 hdg ins A2004-60 amdt 1.193 Magistrate sued for act not within jurisdictions 17A (prev s 231) am 1937 No 28; 1953 No 14; 1994 No 61 reloc by A2004-60 amdt 1.370 am A2005-20 amdt 3.206, amdt 3.207 Magistrate sued for act not within jurisdictions 17B (prev s 232) reloc by A2004-60 amdt 1.370 om A2008-44 amdt 1.63 Committal or enforcement order by magistrate on order of courts 17C hdg sub A2006-40 amdt 2.136s 17C (prev s 233) am 1994 No 61 reloc by A2004-60 amdt 1.370 am A2006-23 amdt 1.221; A2006-40 amdt 2.137 No action for acts done under Supreme Court orders 17D (prev s 234) am 1937 No 28 reloc by A2004-60 amdt 1.370 sub A2005-20 amdt 3.208 No action if proceeding confirmed on appeals 17E (prev s 235) am 1994 No 61 reloc by A2004-60 amdt 1.370 am A2006-23 amdt 1.222, amdt 1.223; A2006-40 amdts 2.137-2.139 Actions in cases prohibiteds 17F (prev s 236) am 1937 No 28 reloc by A2004-60 amdt 1.370 am A2005-20 amdt 3.209 Payment into courts 17G (prev s 239) am 1937 No 28; 1986 No 74 reloc by A2004-60 amdt 1.370 sub A2005-20 amdt 3.210 No action against magistrate for judicial acts in Magistrates Courts 17H (prev s 240) am 1985 No 67 reloc by A2004-60 amdt 1.370 Magistrate sued for acts within magistrate's jurisdiction only liable in case of malice and absence of reasonable and probable causes 17I (prev s 241) reloc by A2004-60 amdt 1.370 am A2005-20 amdt 3.211 Verdict for defendants 17J (prev s 242) am 1937 No 28; 1986 No 74 sub 1996 No 6 reloc by A2004-60 amdt 1.370 Damagess 17K (prev s 243) am 1966 No 2 sub 1994 No 61 reloc by A2004-60 amdt 1.370 Criminal proceedingsch 3 hdg ins A2004-60 amdt 1.198 Magistrates Courtpt 3 hdg sub 1985 No 67 om A2004-60 amdt 1.194 Preliminarypt 3.1 hdg ins A2004-60 amdt 1.198 Establishment of Magistrates Courtdiv 3.1 hdg (prev pt 3 div 1 hdg) am 1985 No 67 renum R8 LA om A2004-60 amdt 1.194 Constitution of courts 18 reloc as s 4 Jurisdiction of Magistrates Courtdiv 3.2 hdg (prev pt 3 div 2 hdg) am 1985 No 67 renum R8 LA om A2004-60 amdt 1.199 Definitions for ch 3s 18A ins A2004-60 amdt 1.198 def administrator ins A2004-60 amdt 1.198 om A2006-23 amdt 1.224 def Crimes Act ins A2004-60 amdt 1.198 def decision ins A2004-60 amdt 1.198 def defendant ins A2004-60 amdt 1.198 def escort ins A2004-60 amdt 1.198 om A2006-23 amdt 1.224 def superintendent ins A2004-60 amdt 1.198 om A2006-23 amdt 1.224 Criminal jurisdictionpt 3.2 hdg ins A2004-60 amdt 1.199 Jurisdiction of courts 19 am 1937 No 28; 1985 No 67; 1986 No 74; ord 1990 No 5; 1999 No 66 sch 3; 2001 No 44 amdt 1.2751; 2001 No 56 amdt 3.447, amdt 3.448; A2004-60 amdt 1.200; A2005-20 amdt 3.212 Civil jurisdiction of the courts 20 am 1936 No 13; 1967 No 1; 1969 No 12; 1977 No 4 om 1986 No 74 Civil jurisdiction of court in action for nuisances 20A ins 1961 No 2 am 1967 No 1 om 1986 No 74 Jurisdiction of court if defendant absent from ACTs 21 am 1937 No 28; 1958 No 12; 1986 No 74; 1996 No 6 Ex parte order may be set asides 23 am 1970 No 15 sub 1974 No 14 am 1979 No 33; 1986 No 74; 1989 No 60; 1991 No 44; 1991 No 112; 1993 No 4; 1993 No 48; 1998 No 25; A2004-60 amdts 1.201-1.209 reloc to Magistrates Court Rules 1932, pt 4 as rule 10 by A2004-60 amdt 1.210 Ex parte conviction may be set aside on application by informants 23AA ins 1982 No 3 am A2004-60 amdts 1.211-1.215 reloc to Magistrates Court Rules 1932, pt 4 as rule 11 by A2004-60 amdt 1.216 Requests under conventions regarding legal proceedings in civil and commercial matterss 23A ins 1932 No 21 om A2004-60 amdt 1.217 Rectification of certain orders etcs 23B ins 1985 No 18 am 1991 No 44; A2004-60 amdt 1.218; A2005-20 amdt 3.213, amdt 3.214 om A2006-23 amdt 1.225 Beginning criminal proceedingspt 3.3 hdg (prev pt 4 hdg) sub and renum A2004-60 amdt 1.219 Beginning criminal proceedings--generaldiv 3.3.1 hdg (prev pt 4 div 1 hdg) renum as div 4.1 hdg R8 LA sub and renum A2004-60 amdt 1.220 Cases excepted from court's jurisdictions 24 om 1986 No 74 Removal of civil cases to the Supreme Courts 24A ins 1937 No 28 om 1986 No 74 Procedure after removal of casess 24B ins 1937 No 28 am 1953 No 14; 1980 No 10; 1985 No 67 om 1986 No 74 Informationss 25 sub 1974 No 14 am 1986 No 74; 1996 No 6 sub A2005-20 amdt 3.215 Informationsdiv 3.3.2 hdg (prev pt 4 div 2 hdg) renum as div 4.2 hdg R8 LA renum A2004-60 amdt 1.221 Laying of informationss 26 am 1991 No 38; 1993 No 4; 1994 No 4 Description of people and property and of offencess 27 am ord 1990 No 5 Authority to appear etc in place of informants 27A ins 1974 No 14 om 1985 No 17 Form of informations 30 sub A2005-20 amdt 3.216 Limitation of proceedingss 31 am 1989 No 59; ord 1990 No 5; 1996 No 6; 1999 No 59 s 3 om 2001 No 63 s 58 Commencement of action by entry of complaints 32 am 1961 No 2 om 1986 No 74 Complaint may be for 1 or more matterss 33 am 1967 No 1; 1969 No 12; 1977 No 4 om 1986 No 74 Demands not to be divided into 2 suits or complaintss 34 om 1986 No 74 Infant may sues 35 am 1974 No 47 om 1986 No 74 Copy of information or complaints 36 om 1986 No 74 Summonsesdiv 3.3.3 hdg (prev pt 4 div 4 hdg) renum as div 4.4 hdg R8 LA renum A2004-60 amdt 1.221 When magistrate may issue summonss 37 am 1986 No 74; 1989 No 55; ord 1990 No 5; 1991 No 38; 1993 No 4; 1996 No 6 Form of summonss 38 am 1937 No 28; 1979 No 33; 1986 No 74; 1996 No 6 Ex parte proceedingss 39 om 1986 No 74 Signature and contents of summonss 40 am 1979 No 33 om 1996 No 6 Service of summonss 41 sub 1937 No 28 am 1953 No 14; 1986 No 74; 1991 No 44; ss renum R10 LA; A2005-20 amdt 3.217 Court attendance noticesdiv 3.3.3A hdg ins A2008-42 s 10 Definitions--div 3.3.3As 41A ins A2008-42 s 10 def authorised person ins A2008-42 s 10 def court attendance notice ins A2008-42 s 10 Commencing criminal proceeding by court attendance notices 41B ins A2008-42 s 10 Court attendance notice--services 41C ins A2008-42 s 10 Court attendance notice--filings 41D ins A2008-42 s 10 Court attendance notice--relationship to information and summonss 41E ins A2008-42 s 10 Warrantsdiv 3.3.4 hdg (prev pt 4 div 5 hdg) renum as div 4.5 hdg R8 LA renum A2004-60 amdt 1.221 sub A2005-20 amdt 3.218 Issue of warrant and summonss 42 am 1974 No 14, 1979 No 33; ss renum R10 LA sub A2005-20 amdt 3.219 Procedure on filing indictments 43 am 1937 No 28; ord 1990 No 5; 1992 No 9; 1996 No 6; A2006-23 amdt 1.226; A2006-40 amdt 2.140 Warrants to be signed and, where so required, sealeds 46 om 1996 No 6 Form of arrest warrants 47 am 1998 No 67 sub A2005-20 amdt 3.220 Sunday warrantss 49 am A2005-20 amdt 3.221 Bail of persons arrested without a warrants 50 am 1991 No 44 om 1992 No 9 Hearings generally to be in publics 51 reloc as s 310 Exclusion of strangerss 52 om 1996 No 6 Hearing of criminal proceedingspt 3.4 hdg (prev pt 5 hdg) sub and renum A2004-60 amdt 1.222 Hearing of criminal proceedings--generaldiv 3.4.1 hdg (prev pt 5 div 1 hdg) renum as div 5.1 hdg R8 LA sub and renum A2004-60 amdt 1.223 Conduct of case generallys 53 am 1986 No 74; 1996 No 6 sub A2005-20 amdt 3.222 If both parties present in court to hear cases 54 am 1986 No 74; 1991 No 79; 1993 No 2; 1996 No 6 sub A2005-20 amdt 3.222 Interpreters 54AA ins 1991 No 79 om 1993 No 2 Record of proceedingss 54A reloc as s 316 Warrants for witnessesdiv 3.4.2 hdg (prev pt 5 div 2 hdg) renum as div 5.2 hdg R8 LA sub and renum A2004-60 amdt 1.232 sub A2005-20 amdt 3.223 Examination to be on oaths 55 om A2005-20 amdt 3.224 Power to order witnesses out of Courts 56 am 1986 No 74 om 1996 No 6 Husband or wife of complainant or defandant to be competent witnesss 57 om 1986 No 74 Defendant and husband or wife, when competent in criminal proceedingss 58 om A2004-2 amdt 2.14 Proof of negative etcs 59 am ord 1990 No 5 om A2004-15 amdt 3.20 Record of proceedings and transcripts 60 reloc as s 317 Informant may request witnesses to attends 60A ins 1996 No 6 reloc to Magistrates Court Rules 1932, pt 4 as rule 12 by A2004-60 amdt 1.239 Power of magistrate to summon witnessess 61 hdg sub A2004-60 amdt 1.240s 61 am 1986 No 74 sub 1996 No 6 am A2004-60 amdt 1.241 reloc to Magistrates Court Rules 1932, pt 4 as rule 13 by A2004-60 amdt 1.242 Warrants for witnessesdiv 3.4.2 hdg sub A2009-19 s 58 Definitions--div 3.4.2s 62 hdg am A2004-60 amdt 1.243s 62 sub 1937 No 28; 1996 No 6 am A2004-60 amdt 1.243, amdt 1.244 reloc to Magistrates Court Rules 1932, pt 4 as rule 14 by A2004-60 amdt 1.245 ins A2009-19 s 58 def prescribed period ins A2009-19 s 58 def reporting officer ins A2009-19 s 58 def warrant ins A2009-19 s 58 Witnesses entitled to claim expensess 62A ins 1996 No 6 reloc to Magistrates Court Rules 1932, pt 4 as rule 15 by A2004-60 amdt 1.246 Warrant to bring witness to courts 63 am 1967 No 1 sub 1996 No 6 am A2004-60 amdts 1.247-1.249 (2), (3) exp 1 July 2006 (s 63 (3)) ss renum R34 LA sub A2009-19 s 58 First instance warrants 64 am A2004-60 amdt 1.250 sub A2009-19 s 58 Warrant remains in force until executeds 65 am 1976 No 42; 1986 No 74 om 1994 No 61 ins A2009-19 s 58 Executing a warrants 66 am 1937 No 28; A2004-60 amdts 1.251-1.253 reloc to Magistrates Court Rules 1932, pt 4 as rule 16 by A2004-60 amdt 1.254 ins A2009-19 s 58 Setting aside summonss 66A ins 1987 No 56 am A2004-60 amdt 1.255, amdt 1.256 reloc to Magistrates Court Rules 1932, pt 4 as rule 17 by A2004-60 amdt 1.257 Procedure after arrests 67 reloc as s 318 ins A2009-19 s 58 Examination of witnesses--application of Magistrates Court (Civil Jurisdiction) Acts 67A ins 1986 No 74 am ord 1990 No 5; 1995 No 46 om A2004-60 amdt 1.262 Affidavits--application of Magistrates Court (Civil Jurisdiction) Acts 67B ins 1986 No 74 am ord 1990 No 5; 1995 No 46 om A2004-60 amdt 1.262 Orders following executed warrants 68 reloc as s 319 ins A2009-19 s 58 Depositions to be delivered to registrars 69 reloc as s 320 Remanddiv 3.4.3 hdg (prev pt 5 div 3 hdg) renum as div 5.3 hdg R8 LA renum A2004-60 amdt 1.270 sub A2006-23 amdt 1.227 Remand of defendants 70 am 1977 No 61; 1996 No 6 sub 1996 No 82 am 1998 No 67 sub A2004-14 amdt 2.4; A2006-23 amdt 1.227 Verbal remands 71 am 1996 No 6 om 1996 No 82 Bringing remanded defendant before courts 72 sub A2006-23 amdt 1.227 Bail application hearings--audiovisual linkss 72A ins 1999 No 22 s 21 am 2000 No 17 s 3 sch 1; A2003-48 amdt 2.10 sub A2006-23 amdt 1.227 Defendant's appearance in non-bail proceedings--audiovisual linkss 72B ins 1999 No 22 s 21 am A2004-60 amdt 1.271 sub A2006-23 amdt 1.227 Bail of defendant during examinations 73 am 1992 No 9 Committal and recognisancediv 3.4.4 hdg (prev pt 5 div 4 hdg) renum as div 5.4 hdg R8 LA renum A2004-60 amdt 1.272 Extended application of div 3.4.4s 73A ins 1986 No 74 am 1995 No 46 sub A2004-60 amdt 1.273 Remand of defendant before decisions 74 am 1996 No 6; 1996 No 82 sub A2006-23 amdt 1.228 Remand of witness or defendant after decisions 75 sub 1976 No 42 am 1996 No 82 sub A2006-23 amdt 1.228 Witnesses may be discharged on recognisances 76 am 1986 No 74; 1994 No 61; A2004-60 amdt 1.274 Recognisancess 77 am 1970 No 15; 1992 No 9 Issue of warrant for non-appearances 78 am 1992 No 9; A2004-60 amdt 1.275; A2005-20 amdt 3.225 Recognisances taken out of courts 79 am 1974 No 14; 1976 No 42; 1991 No 44; 1992 No 9; 1996 No 6 sub A2005-20 amdt 3.226 am A2006-23 amdt 1.229 Forfeited recognisances--how enforceds 80 am 1974 No 14; 1984 No 62; 1986 No 53; ord 1990 No 5; 1992 No 9; 1996 No 6 Arrest of principal by suretiess 81 am 1937 No 28; 1976 No 42 om 1992 No 9 Conveying people to custodys 82 am 1976 No 42; 1996 No 82 om A2006-23 amdt 1.230 Adjournment of criminal proceedingsdiv 3.4.5 hdg (prev pt 5 div 5 hdg) renum as div 5.5 hdg R8 LA sub and renum A2004-60 amdt 1.276 Particular cases may be adjourneds 84 am 1986 No 74; 1992 No 9; 1996 No 6; A2005-20 amdt 3.227 sub A2006-23 amdt 1.231 Proceeding if either party not present at adjourned hearings 85 am 1986 No 74; 1996 No 6 sub A2005-20 amdt 3.228 Proceeding if both parties present at adjourned hearings 86 am 1996 No 6 sub A2005-20 amdt 3.228 Witness to attend adjourned etc hearings 87 am 1977 No 61 sub A2005-20 amdt 3.228 Postponement of hearings 88 am 1986 No 74; 1991 No 44 Proceedings for indictable offencespt 3.5 hdg (prev pt 6 hdg) sub and renum A2004-60 amdt 1.277 Preliminarydiv 3.5.1 hdg (prev pt 6 div 1A hdg) ins 1987 No 56 renum as div 6.1A hdg R8 LA renum A2004-60 amdt 1.278 Meaning of jury in pt 3.5s 88A hdg sub A2004-60 amdt 1.279s 88A ins 1987 No 56 Indictable offences--beginning of proceedingsdiv 3.5.2 hdg (prev pt 6 div 1 hdg) renum as div 6.1 hdg R8 LA sub and renum A2004-60 amdt 1.280 Disobedience of summonss 89 am 1977 No 61 sub A2005-20 amdt 3.229 Accused person may be excused from attendance before courts 89A ins 1977 No 61 am 1987 No 56; 1992 No 9; 1996 No 6; A2005-20 amdt 3.230, amdt 3.231; A2008-44 amdt 1.64 Committal proceedings--prosecution evidence to be given to accused persons 90 sub 1958 No 12 am 1967 No 1 sub 1974 No 14 am 1977 No 61; 1991 No 44; 1996 No 6; A2005-20 amdt 3.232; A2008-41 s 31 sub A2008-44 amdt 1.65 Written statements may be admitted in evidences 90AA ins 1974 No 14 am 1991 No 44; 1996 No 6; A2005-20 amdt 3.233, amdt 3.234; ss renum R29 LA (see A2005-20 amdt 3.235); A2008-42 s 11; A2008-41 ss 32-34; A2008-44 amdts 1.66-1.69; A2009-7 amdts 1.32-1.35; ss renum R47 LA; A2009-24 amdt 1.34, amdt 1.35; pars renum R48 LA Witnesses generally not to be cross-examined at committal hearings 90AB ins 1974 No 14 am 1977 No 61; 1996 No 6 sub A2005-20 amdt 3.236; A2008-44 amdt 1.71 Attendance of accused not required if order made under s 89As 90ABA hdg sub A2005-20 amdt 3.237s 90ABA ins 1977 No 61 sub A2008-44 amdt 1.72 Plea of guilty at committal hearings 90A hdg sub A2008-44 amdt 1.70s 90A ins 1958 No 12 am 1985 No 41; ord 1990 No 5; 1996 No 6; ss renum R10 LA; A2004-60 amdt 1.281; A2005-20 amdts 3.238-3.240; ss renum R29 LA (see A2005-20 amdt 3.241) Proceeding following prosecution evidences 91 orig s 91 am 1974 No 14; 1987 No 56 sub A2005-20 amdt 3.242 om A2008-44 amdt 1.73 pres s 91 (prev s 92) am 1951 No 12; 1958 No 12; 1967 No 1; 1974 No 14; 1977 No 61; 1985 No 41; 1986 No 74; 1987 No 56; A2008-44 amdt 1.75 renum as s 91 A2008-44 amdt 1.74 Proceeding if evidence sufficient to put accused on trials 92 renum as s 91 Committal for sentence for indictable offence tried summarilys 92A ins 1974 No 14 Depositions as evidences 92B ins 1985 No 41 Admissions and confessionss 93 am 1958 No 12; 1967 No 1; 1996 No 6; A2005-20 amdt 3.243 Indictable offences--proceedings after hearing of evidencediv 3.5.3 hdg (prev pt 6 div 2 hdg) renum as div 6.2 hdg R8 LA sub and renum A2004-60 amdt 1.282 Discharge or committal for trials 94 am 1937 No 28; 1976 No 42; 1987 No 56; 1996 No 6 sub A2005-20 amdt 3.244 am A2006-23 amdt 1.232; A2008-44 amdt 1.76; A2009-24 amdt 1.36 Depositions of dead or absent peoples 95 sub 1958 No 12 am 1967 No 1; 1989 No 59; 1996 No 6; A2004-60 amdt 1.283, amdt 1.284; A2005-20 amdt 3.245 Indictable offences--costsdiv 3.5.4 hdg (prev pt 6 div 2A hdg) ins 1984 No 9 renum as div 6.2A hdg R8 LA sub and renum A2004-60 amdt 1.285 Discontinued proceedings 97 am 1937 No 28 om 1958 No 12 ins 1984 No 9 am 1987 No 56; A2008-44 amdt 1.77; A2009-24 amdt 1.37 Indictable offences--witness recognisancesdiv 3.5.5 hdg (prev pt 6 div 3 hdg) am 1992 No 9 renum as div 6.3 hdg R8 LA sub and renum A2004-60 amdt 1.286 Bail in capital offencess 98 am 1937 No 28 om 1989 No 59 Admission of persons committed for trial to bails 99 am 1937 No 28; 1976 No 42; 1989 No 59 om 1992 No 9 Admission of persons committed for trial and are in prison awaiting trial to bails 100 am 1937 No 28; 1976 No 42; 1989 No 59 om 1992 No 9 Recognisances to be transmitted to Crown Solicitors 101 am 1967 No 1; 1976 No 42; 1985 No 17 om 1992 No 9 Warrant of deliverances 102 am 1976 No 42 om 1992 No 9 Recognisance of witnesses etcs 103 am 1974 No 14; 1996 No 6 Court may remand noncompliant witnesss 105 am 1976 No 42 sub A2005-20 amdt 3.246; A2006-23 amdt 1.233 Indictable offences--other provisionsdiv 3.5.6 hdg (prev pt 6 div 4 hdg) renum as div 6.4 hdg R8 LA sub and renum A2004-60 amdt 1.287 Meaning of certified copy of depositions in div 3.5.6s 105A ins A2004-60 amdt 1.288 sub A2005-20 amdt 3.247 Giving depositions etc to director of public prosecutionss 106 am 1967 No 1; 1985 No 17; 1985 No 41; 1992 No 9; A2005-20 amdt 3.248 Giving documents to proper officer of courts 107 am 1967 No 1; 1985 No 17; 1996 No 6; 1999 No 66 sch 3; A2005-20 amdt 3.249; A2006-40 amdt 2.141, amdt 2.142 Accused person may obtain copies of depositions etcs 108 am 1967 No 1; 1999 No 66 sch 3 sub A2005-20 amdt 3.250 Proceedings for offences punishable summarilypt 3.6 hdg (prev pt 7 hdg) renum A2004-60 amdt 1.289 Indictable offences dealt with summarilys 108A ins 1985 No 41 am A2004-60 amdt 1.290 Dismissal or adjournment in absence of informants 109 sub 1996 No 6 am A2005-20 amdt 3.251 Hearing in absence of defendants 110 hdg sub A2005-20 amdt 3.252s 110 am 1974 No 14; 1986 No 83; 1989 No 59; 1996 No 6; A2005-20 amdts 3.253-3.256; A2008-44 amdt 1.78; ss renum R47 LA; A2009-24 amdt 1.38, amdt 1.39; ss renum R48 LA Adjournment if defendant does not appears 111 sub A2005-20 amdt 3.257 am A2006-23 amdt 1.234 Both parties appearings 112 am 1996 No 6 om A2005-20 amdt 3.258 If defendant does not admit the cases 114 am 1937 No 28 sub A2005-20 amdt 3.259 Conduct of summary proceedings 115 am 1996 No 6 sub A2005-20 amdt 3.259 Conduct of summary proceedings regulateds 116 am 1996 No 6 om A2005-20 amdt 3.259 Service and pleading by post for certain offencespt 3.7 hdg (prev pt 7A hdg) ins 1974 No 14 sub 1979 No 33 renum A2004-60 amdt 1.291 Definitions for pt 3.7s 116A hdg sub A2004-60 amdt 1.292s 116A ins 1974 No 14 sub 1979 No 33 am ord 1990 No 5; 1993 No 4; 1996 No 6; 1998 No 54; 1999 No 79 sch 3; A2004-60 amdt 1.294 sub A2005-20 amdt 3.260 def defendant ins A2005-20 amdt 3.260 def law in force in the ACT ins A2004-60 amdt 1.293 sub A2005-20 amdt 3.260 def prescribed offence am A1984-10 s 2; ord 1990 No 5 sch 1 sub A1993-4 s 10 om A1999-79 sch 3 Meaning of prescribed offence for pt 3.7s 116AA hdg sub A2004-60 amdt 1.295s 116AA ins 1999 No 79 s 5 sch 3 am 2001 No 62 amdts 1.1-1.3; A2004-60 amdt 1.296; A2005-20 amdt 3.261; A2009-22 amdt 1.1 Service of summons for prescribed offences 116B hdg sub A2004-60 amdt 1.297s 116B ins 1974 No 14 sub 1979 No 33 am 1993 No 4; A2004-60 amdt 1.298; A2005-20 amdt 3.262, amdt 3.263 Giving of notice by registrars 116BA ins 1993 No 4 sub A2005-20 amdt 3.264 Proof of services 116C ins 1974 No 14 sub 1979 No 33 am 1991 No 44; 1993 No 4; 1996 No 6; A2005-20 amdt 3.265, amdt 3.266 Pleas to prescribed offences 116D hdg sub A2004-60 amdt 1.299s 116D ins 1974 No 14 sub 1979 No 33 am 1991 No 44; 1993 No 4 Procedure if plea of guilty entereds 116E ins 1974 No 14 sub 1979 No 33 am 1991 No 44; 1993 No 4 Procedure if notice of intention to defend givens 116F ins 1974 No 14 sub 1979 No 33 am 1991 No 44; 1993 No 4 Procedure if defendant pleads not guiltys 116FA ins 1989 No 59 Procedure if defendant does not pleads 116G ins 1974 No 14 sub 1979 No 33 am 1989 No 59; 1991 No 44; 1993 No 4 Restricted penalties under pt 3.7s 116H hdg sub A2004-60 amdt 1.300s 116H ins 1974 No 14 sub 1979 No 33; 1993 No 4 am 1996 No 6; 1998 No 25; A2003-56 amdt 3.162; A2005-20 amdt 3.267, amdt 3.268; ss renum R29 LA (see A2005-20 amdt 3.269) Consequences of conviction in absence of defendants 116I hdg sub A2005-20 amdt 3.270s 116I ins 1974 No 14 sub 1979 No 33 am 1991 No 44; 1993 No 4; 1996 No 6; A2004-60 amdt 1.301 Date of convictions 116J ins 1974 No 14 om 1979 No 33 Infringement notices for certain offencespt 3.8 hdg (prev pt 8 hdg) om 1986 No 74 ins 2001 No 77 s 21 renum A2004-60 amdt 1.302 Preliminarydiv 3.8.1 hdg ins 2001 No 77 s 21 renum A2004-60 amdt 1.303 Definitions for pt 3.8s 117 hdg sub A2004-60 amdt 1.304s 117 om 1986 No 74 ins 2001 No 77 s 21 def another jurisdiction ins A2004-47 amdt 1.1 def authorised person sub 2002 No 30 amdt 3.587; A2004-60 amdt 1.305 def driver ins A2004-47 amdt 1.1 def home address ins A2004-47 amdt 1.1 def illegal user declaration ins A2004-47 amdt 1.1 def known offender declaration ins A2004-47 amdt 1.1 def registered ins A2004-47 amdt 1.1 def registered operator ins A2004-47 amdt 1.1 om A2005-20 amdt 3.271 def responsible person ins A2004-47 amdt 1.1 def sold vehicle declaration ins A2004-47 amdt 1.1 def trader's plate ins A2004-47 amdt 1.1 om A2005-20 amdt 3.271 def unknown offender declaration ins A2004-47 amdt 1.1 def vehicle ins A2004-47 amdt 1.1 def vehicle related offence ins A2004-47 amdt 1.1 Purpose and effect of pt 3.8s 118 hdg sub A2004-60 amdt 1.306s 118 om 1986 No 74 ins 2001 No 77 s 21 Regulations about infringement notice offencess 119 om 1986 No 74 ins 2001 No 77 s 21 am A2003-2 s 70 Infringement and reminder noticesdiv 3.8.2 hdg (prev div 8.2 hdg) ins 2001 No 77 s 21 renum A2004-60 amdt 1.307 Service of infringement noticess 120 om 1986 No 74 ins 2001 No 77 s 21 am A2004-42 amdt 1.8, amdt 1.9 sub A2004-47 amdt 1.2 am A2008-6 s 18; ss renum R40 LA Contents of infringement noticess 121 om 1986 No 74 ins 2001 No 77 s 21 Additional information in infringement noticess 122 om 1986 No 74 ins 2001 No 77 s 21 Time for payment of infringement notice penaltys 123 sub 1937 No 28 om 1986 No 74 ins 2001 No 77 s 21 Extension of time to pay penaltys 124 om 1986 No 74 ins 2001 No 77 s 21 Effect of payment of infringement notice penaltys 125 am 1937 No 28 om 1986 No 74 ins 2001 No 77 s 21 Application for withdrawal of infringement notices 126 om 1986 No 74 ins 2001 No 77 s 21 Withdrawal of infringement notices 127 sub 1937 No 28 om 1986 No 74 ins 2001 No 77 s 21 Guidelines about withdrawal of infringement noticess 128 am 1937 No 28 om 1986 No 74 ins 2001 No 77 s 21 Reminder noticess 129 sub 1967 No 1 am 1980 No 4 om 1986 No 74 ins 2001 No 77 s 21 Contents of reminder noticess 130 om 1986 No 74 ins 2001 No 77 s 21 Additional information in reminder noticess 131 om 1986 No 74 ins 2001 No 77 s 21 Additional provisions for vehicle-related offencesdiv 3.8.3 hdg (prev div 8.2A hdg) ins A2004-47 amdt 1.3 renum R26 LA Meaning of infringement notices 131A ins A2004-47 amdt 1.3 Service of infringement notice on responsible person for vehicless 131B ins A2004-47 amdt 1.3 am A2004-42 amdt 1.10; ss renum R25 LA (see A2004-60 amdt 1.11) Liability for vehicle-related offencess 131C ins A2004-47 amdt 1.3 Illegal user declarationss 131D ins A2004-47 amdt 1.3 Known offender declarationss 131E ins A2004-47 amdt 1.3 Sold vehicle declarationss 131F ins A2004-47 amdt 1.3 Unknown offender declarationss 131G ins A2004-47 amdt 1.3 Disputing liability for infringement noticesdiv 3.8.4 hdg (prev div 8.3 hdg) ins 2001 No 77 s 21 sub and renum A2004-60 amdt 1.308 and R26 LA Disputing liability for infringement notice offences 132 am 1967 No 1; 1969 No 12; 1977 No 4 om 1986 No 74 ins 2001 No 77 s 21 Extension of time to dispute liabilitys 133 am 1937 No 28 om 1986 No 74 ins 2001 No 77 s 21 Procedure if liability disputeds 134 ins 2001 No 77 s 21 am A2004-42 amdt 1.12 Infringement notices--other provisionsdiv 3.8.5 hdg (prev div 8.4 hdg) ins 2001 No 77 s 21 sub and renum A2004-60 amdt 1.309 and R26 LA Authorised people for infringement notice offencess 134A ins 1968 No 25 om 1986 No 74 ins 2002 No 30 amdt 3.588 Money recovered by infant or person of unsound minds 134B ins 1968 No 25 am 1978 No 46 om 1986 No 74 Delegation of administering authority's functionss 135 am 1937 No 28 om 1986 No 74 ins 2001 No 77 s 21 sub 2002 No 30 amdt 3.589 Evidentiary certificatess 136 om 1986 No 74 ins 2001 No 77 s 21 Default summonss 137 om 1986 No 74 Service of default summonss 138 om 1986 No 74 Ground of defence to be in writing lodged with the clerks 139 am 1937 No 28; 1958 No 12; 1970 No 15 om 1986 No 74 Trials 140 am 1958 No 12; 1970 No 15 om 1986 No 74 Enforcement of criminal decisionspt 3.9 hdg (prev pt 9 hdg) sub and renum A2004-60 amdt 1.310 Enforcement of criminal decisions--generaldiv 3.9.1 hdg (prev pt 9 div 1 hdg) renum R8 LA sub and renum A2004-60 amdt 1.311 Minute of decision and notice to defendants 141 am 1972 No 37; ord 1990 No 5; 1991 No 44; 1993 No 4; 1996 No 6; 1996 No 68; 1998 No 25; 1999 No 91 sch 2; ss renum R10 LA; A2006-23 amdts 1.235, 1.236; A2006-40 amdt 2.143; A2007-44 amdt 1.2 Formal convictions and orderss 142 am 1937 No 28; 1991 No 44; A2005-20 amdt 3.272; A2006-40 amdt 2.144 Consequences if information dismisseds 143 am 1986 No 74; 1991 No 44 sub A2005-20 amdt 3.273 Copies of informations and other documentss 144 sub 1967 No 1 am 1980 No 10; 1986 No 74; 1991 No 38; 1991 No 44; 1994 No 4; A2006-23 amdt 1.237 Imprisonment in first instances 145 am 1996 No 6 om A2006-23 amdt 1.238 Enforcement of finesdiv 3.9.2 hdg (prev pt 9 div 2 hdg) sub 1994 No 61 am 1998 No 25 renum as div 9.2 hdg R8 LA renum A2004-60 amdt 1.312 Definitions for div 3.9.2s 146 hdg sub A2004-60 amdt 1.313s 146 om 1986 No 57 ins 1989 No 60 sub 1991 No 112 am A2006-23 amdt 1.239 def chief police officer ins A1998-25 s 8 om A2004-60 amdt 1.314 def default notice ins A1998-25 s 8 def fine ins A1998-25 s 8 am A1999-91 sch 2; A2005-20 amdt 3.274; A2006-23 amdt 1.240, amdt 1.241; A2007-44 amdt 1.3; pars renum R39 LA (e) note exp 2 June 2011 (see A2005-58 s 147 (2) (b) (i)) def fine defaulter ins A1998-25 s 8 def government agency ins A1998-25 s 8 am A2005-20 amdt 3.275 def outstanding fine ins A1998-25 s 8 sub A2005-20 amdt 3.276 def parking offence om A1998-25 s 8 def penalty notice ins A1998-25 s 8 def Territory entity ins A1998-25 s 8 sub A2004-60 amdt 1.315 def traffic offence am A1993-4 s 21 om A1998-25 s 8 No imprisonment for breach of reparation orders 146A ins ord 1990 No 1 am 1996 No 6 om 1998 No 25 Payment of fines 147 am 1968 No 25; 1977 No 34; 1986 No 74; 1989 No 60; ord 1990 No 5; 1991 No 112; 1992 No 23; 1993 No 4; 1994 No 4; 1994 No 45; 1994 No 61; 1995 No 46 sub 1998 No 25 Notice of address etcs 147A ins 1989 No 60 am 1991 No 44; 1991 No 112; 1993 No 48 sub 1998 No 25 Access to particulars of addresss 147B ins 1998 No 25 sub A2007-8 amdt 1.14 Doubtful services 147C ins 1998 No 25 Court may allow time to pays 148 am 1974 No 14; 1979 No 33; 1991 No 44; 1998 No 25; ss renum R10 LA; A2005-20 amdt 3.277 Penalty notices 149 om 1986 No 74 ins 1998 No 25 Defaults 150 am 1974 No 14; 1977 No 34; 1979 No 33; 1986 No 74; 1989 No 60; 1991 No 112; 1993 No 4; 1999 No 79 s 5 sch 3 sub 1998 No 25 am A2004-60 amdt 1.316 Parking offences--further orders in respect of natural personss 150A ins 1989 No 60 am 1991 No 44; 1991 No 112; 1993 No 48 om 1998 No 25 Parking offences--further orders in respect of bodies corporates 150B ins 1989 No 60 am 1991 No 44; 1991 No 112; 1993 No 48; 1994 No 61 om 1998 No 25 Further orders--services 150C ins 1989 No 60 am 1991 No 44 om 1998 No 25 Default notices 151 orig s 151 renum as s 185 ins 1998 No 25 Special arrangementss 152 orig s 152 renum as s 186 ins 1998 No 25 am A2006-23 amdt 1.242; A2008-19 amdt 1.86 Notice for suspension of driver licence etcs 153 am 1937 No 28; 1940 No 22; 1989 No 60; 1991 No 44 om 1998 No 25 sub 1999 No 79 s 5 sch 3 am A2006-23 amdt 1.243; A2008-19 amdt 1.87 Parking offences--instalment paymentss 153A ins 1989 No 60 am 1991 No 44 om 1998 No 25 Consequence of non-compliance with certain orderss 153B ins 1989 No 60 am 1991 No 44 om 1998 No 25 Part paymentss 153C ins 1989 No 60 am 1991 No 44 om 1998 No 25 Access to personal informations 154 orig s 154 renum as s 187 ins 1998 No 25 sub A2007-8 amdt 1.15 Ascertainment of capacity to pay fines 154A ins 1998 No 25 am A2004-60 amdts 1.317-1.320 reloc to Magistrates Court Rules 1932, pt 4 as rule 18 by A2004-60 amdt 1.321 Garnishee orders and writs of executions 154B ins 1998 No 25 am A2004-60 amdt 1.322, amdt 1.323 reloc to Magistrates Court Rules 1932, pt 4 as rule 19 by A2004-60 amdt 1.324 Application of Magistrates Court (Civil Jurisdiction) Rules, pt 19s 154C hdg sub A2004-60 amdt 1.325s 154C ins 1998 No 25 am A2004-60 amdts 1.326-1.334 reloc to Magistrates Court Rules 1932, pt 4 as rule 20 by A2004-60 amdt 1.335 Fine defaulters--imprisonments 154D ins 1998 No 25 sub A2006-23 amdt 1.244 am A2007-15 amdt 1.27; A2007-44 amdt 1.4; A2008-19 amdt 1.88 (4) note exp 2 June 2011 (see A2005-58 s 147 (2) (b) (ii)) Young fine defaulterss 154E ins A2008-19 amdt 1.89 Young fine defaulters--no capacity to pays 154F ins A2008-19 amdt 1.89 Fine amounts to be paid to registrars 155 hdg am 1991 No 44s 155 am 1991 No 44 sub A2005-20 amdt 3.278 om A2006-23 amdt 1.244 Costs to be paid to clerk by registrar of motor vehicless 155A hdg am 1991 No 44s 155A ins 1989 No 60 am 1991 No 44; 1991 No 112 om 1998 No 25 Execution to stop on payments 156 am 1977 No 34 sub A2005-20 amdt 3.278 om A2006-23 amdt 1.244 Outstanding fine discharged by payments 157 am 1976 No 42; 1977 No 34; 1991 No 44; 1998 No 25; A2004-60 amdt 1.336 sub A2006-23 amdt 1.244 am A2008-19 amdt 1.90 Outstanding fine satisfied by imprisonments 158 am 1986 No 74; 1991 No 44 om 1994 No 61 ins 1998 No 25 sub A2006-23 amdt 1.244 am A2007-15 amdt 1.28 Outstanding fine satisfied by imprisonment--young fine defaulters 158A ins A2008-19 amdt 1.91 Remissions 159 hdg am 1991 No 44s 159 am 1991 No 44 om 1994 No 61 ins 1998 No 25 om A2006-23 amdt 1.245 Conviction or order quashed or set asides 160 om 1994 No 61 ins 1998 No 25 am 1999 No 79 s 5 sch 3 Other enforcement provisions not affecteds 161 am 1986 No 74 om 1994 No 61 ins 1998 No 25 Procedure on executions 162 am 1953 No 14; 1967 No 1; 1991 No 44; 1994 No 81 om 1994 No 61 Warrant of distress after appeals 163 om 1972 No 37 Money, Australian notes and bank notes may be seized and choses in action may be seized, sued on and solds 164 am ord 1990 No 5 om 1994 No 61 Time of application to be recordeds 165 am 1953 No 14; 1991 No 44 om 1994 No 61 Warrant of execution, when to be executeds 166 am 1967 No 1; 1994 No 81 om 1994 No 61 Reciprocal enforcement of fines against bodies corporatediv 3.9.3 hdg (prev pt 9 div 2A hdg) ins 1982 No 2 renum as div 9.2A hdg R8 LA renum A2004-60 amdt 1.337 Definitions for div 3.9.3s 166A hdg sub A2004-60 amdt 1.338s 166A ins 1982 No 2 def fine am A2005-20 amdt 3.279 def reciprocating court sub A2005-20 amdt 3.280 def relevant officer am A1991-44 s 7 and sch 1 def State am A2004-60 amdt 1.339 Declarations relating to reciprocating courtss 166B ins 1982 No 2 am 2001 No 44 amdts 1.2752-1.2754; A2005-20 amdt 3.281 Enforcement of fines 166C ins 1982 No 2 am 1991 No 44; 1994 No 61; A2004-60 amdt 1.340, amdt 1.341; A2005-20 amdts 3.282-3.284; ss renum R29 LA (see A2005-20 amdt 3.285); A2006-40 amdts 2.145-2.147 Effect of enforcement by reciprocating courts 166D ins 1982 No 2 am 1991 No 44 Registrar to notify payment of territory fines 166E hdg am 1991 No 44s 166E ins 1982 No 2 am 1991 No 44 Adverse claim to goods seizeds 167 am 1953 No 14 om 1986 No 74 Rules in Interpleader summonss 168 om 1986 No 74 Right of landlord not affecteds 169 om 1986 No 74 Oral examination of debtor as to debts owing to hims 170 am 1968 No 25; 1991 No 44 om 1994 No 61 Order nisi for attachment of debts 171 am 1937 No 28; 1991 No 44 om 1994 No 61 Service of order nisi to bind debtss 172 am 1993 No 4 om 1994 No 61 Where garnishee does not dispute debts 173 sub 1968 No 25 am 1970 No 15; 1991 No 44 om 1994 No 61 Where garnishee disputes debts 174 am 1986 No 74 om 1994 No 61 Issue may be fileds 175 om 1994 No 61 Where third party claims lien or charge on debts 176 om 1994 No 61 Court may order warrant to levy amount or issue to be trieds 177 om 1994 No 61 Payment by debtor under order to be valid discharges 178 am 1937 No 28 om 1994 No 61 Debt attachment books 179 am 1991 No 44 om 1994 No 61 Costs of attachments 180 om 1994 No 61 Defendants in civil cases not to be imprisoned except under certain circumstancess 181 am 1937 No 28; 1991 No 44 om 1994 No 61 Warrant in default of compliances 182 am 1991 No 44 om 1994 No 61 Ex parte order of commitments 183 am 1991 No 44 om 1994 No 61 Enforcement of criminal decisions--other provisionsdiv 3.9.4 hdg (prev pt 9 div 6 hdg) renum as div 9.6 hdg R8 LA sub and renum A2004-60 amdt 1.342 Enforcement of costs against informants 184 orig s 184 am 1991 No 44 om 1994 No 61 ins 1998 No 25 s 17 Committal to prison--orders not involving payment of amounts 185 orig s 185 sub 1967 No 1 om 1972 No 37 (prev s 151) am 1977 No 34; 1996 No 6 renum 1998 No 25 am A2005-20 amdts 3.286-3.288 om A2006-23 amdt 1.246 Warrant of commitment to prisons 186 orig s 186 om 1994 No 61 (prev s 152) sub 1996 No 6 renum 1998 No 25 am 1998 No 67; ss renum R10 LA om A2006-23 amdt 1.246 Warrant of commitment if defendant already in prisons 187 orig s 187 om 1994 No 61 (prev s 154) renum 1998 No 25 am A2005-20 amdt 3.289 om A2006-23 amdt 1.246 Mitigation of payment by courts 188 am 1967 No 1; 1982 No 3; 1985 No 41; ord 1990 No 5; 1994 No 81 om A2006-23 amdt 1.246 Scale of imprisonment for nonpayment of moneys 189 am 1967 No 1; 1977 No 34; 1978 No 46 sub 1993 No 4 am 1994 No 61 om 1998 No 25 Proceeds of warrants of executions 190 sub 1986 No 74 am ord 1990 No 5; 1991 No 44 om 1994 No 61 Accounts to be kept of amounts receiveds 191 hdg am 2001 No 44 amdt 1.2755 sub A2004-60 amdt 1.343s 191 am 1967 No 1; 1979 No 33; 1991 No 44; 1994 No 81; 2001 No 44 amdt 1.2756; A2004-60 amdt 1.344, amdt 1.345; A2006-23 amdt 1.247 Executors and administrators may enforce orders in civil matterss 192 am 1991 No 44 om 1994 No 61 Forfeited goods may be solds 193 am ord 1990 No 5; A2005-20 amdt 3.290 Enforcement order not void for form onlys 194 hdg sub A2006-40 amdt 2.148s 194 am 1994 No 61 sub A2006-23 amdt 1.248 am A2006-40 amdt 2.149 Convictions etc to be given to Supreme Court registrars 195 am 1937 No 28; 1992 No 23 sub A2005-20 amdt 3.291 Definitions for pt 10s 196 am 1937 No 28 sub 1990 No 65 am 1992 No 37; 2000 No 60 s 4 om 2001 No 90 amdt 1.79 Power to makes 197 sub 1990 No 65 om 2001 No 90 amdt 1.79 Entitlement to applys 198 sub 1990 No 65 am 1998 No 38; 2000 No 60 s 5 om 2001 No 90 amdt 1.79 Powers exercisable in care and protection proceedingss 198A ins 1999 No 64 s 4 sch 2 om 2001 No 90 amdt 1.79 Special requirements--applications by community advocate or employers 198B ins 2000 No 60 s 6 om 2001 No 90 amdt 1.79 Hearing datess 199 am 1937 No 28 sub 1990 No 65 am 1991 No 44 om 2001 No 90 amdt 1.79 Parties--applications by persons other than aggrieved personss 200 am 1937 No 28 sub 1990 No 65 am 1998 No 38; 2000 No 60 s 7 om 2001 No 90 amdt 1.79 Parties--applications involving childrens 201 sub 1990 No 65 am 1991 No 44 om 2001 No 90 amdt 1.79 Representation of childrens 202 sub 1990 No 65 om 2001 No 90 amdt 1.79 Hearing of applicationss 203 sub 1990 No 65 am 1995 No 46; 1999 No 34 om 2001 No 90 amdt 1.79 Matters to be taken into accounts 204 sub 1990 No 65 om 2001 No 90 amdt 1.79 Restrictions in orderss 205 am 1986 No 74 sub 1990 No 65 om 2001 No 90 amdt 1.79 Consent orderss 206 sub 1990 No 65 om 2001 No 90 amdt 1.79 Jurisdiction under s 206s 206AA ins 1999 No 34 om 2001 No 90 amdt 1.79 Service of applicationss 206A ins 1990 No 65 am 1991 No 44; 2000 No 60 s 8; 2001 No 44 amdt 1.2757 om 2001 No 90 amdt 1.79 Procedure in absence of respondents 206B ins 1990 No 65 om 2001 No 90 amdt 1.79 Interim restraining orderss 206C ins 1990 No 65 om 2001 No 90 amdt 1.79 Seizure of firearmss 206D ins 1990 No 65 am 1991 No 9; 1996 No 74; 1997 No 25 om 2001 No 90 amdt 1.79 Explaining proposed orderss 206E ins 1990 No 65 am 1992 No 37 om 2001 No 90 amdt 1.79 Counsellings 206F ins 1990 No 65 om 2001 No 90 amdt 1.79 Power of court to make orders where person chargeds 206G ins 1990 No 65 om 2001 No 90 amdt 1.79 Duration of orderss 206H ins 1990 No 65 om 2001 No 90 amdt 1.79 Exercise of certain powers by registrars 206I ins 2001 No 70 amdt 1.67 om 2001 No 90 amdt 1.79 Variation and revocation of orderss 206J ins 1990 No 65 am 1991 No 44; 1999 No 64 s 4 sch 2 om 2001 No 90 amdt 1.79 Service etc of orderss 206K ins 1990 No 65 am 1991 No 44; 1996 No 51; 2001 No 44 amdt 1.2758, amdt 1.2759 om 2001 No 90 amdt 1.79 Offences 206L ins 1990 No 65 am 1992 No 37; 1994 No 81; 1997 No 25 om 2001 No 90 amdt 1.79 Service other than personal services 206M ins 1990 No 65 om 2001 No 90 amdt 1.79 Service by police officerss 206N ins 1990 No 65 am 1991 No 44 om 2001 No 90 amdt 1.79 Restriction on publication of reports of proceedingss 206P ins 1990 No 65 am 1994 No 81; 1998 No 38 om 2001 No 90 amdt 1.79 Limits of restriction on publications 206PA ins 1998 No 38 om 2001 No 90 amdt 1.79 Application not invalid only because made under wrong Acts 206PB ins 1998 No 38 om 2001 No 90 amdt 1.79 Appealss 206Q ins 1990 No 65 am 1995 No 46 om 2001 No 90 amdt 1.79 Application of Crimes Acts 206R ins 1990 No 65 om 2001 No 90 amdt 1.79 Criminal appealspt 3.10 hdg (prev pt 11 hdg) sub 1972 No 37 sub and renum A2004-60 amdt 1.346 Criminal appeals--jurisdiction of Supreme Courtdiv 3.10.1 hdg (prev pt 11 div 1 hdg) ins 1972 No 37 renum as div 11.1 hdg R8 LA sub and renum A2004-60 amdt 1.347 Jurisdiction of Supreme Courts 207 sub 1937 No 28 am 1967 No 1; 1968 No 25 sub 1972 No 37 am 1985 No 67; 1990 No 65; 2001 No 90 amdt 1.80; A2004-60 amdts 1.348-1.350; A2005-5 s 30; A2008-44 amdt 1.79 Appeals in criminal mattersdiv 3.10.2 hdg (prev pt 11 div 2 hdg) ins 1972 No 37 renum as div 11.2 hdg R8 LA sub and renum A2004-60 amdt 1.351 Appeals to which div 3.10.2 appliess 208 hdg sub A2004-60 amdt 1.352s 208 sub 1937 No 28 am 1953 No 14; 1958 No 12; 1968 No 25 sub 1972 No 37 am 1984 No 16; 1985 No 41; 1985 No 67; 1986 No 33; 1986 No 74; 1990 No 65; 1992 No 9; 1994 No 61; 1996 No 6; A2004-60 amdts 1.353-1.355; A2005-7 s 16; pars renum R27 LA (see A2005-7 s 17); A2006-23 amdt 1.249; A2006-55 s 14, s 15 Appeals in other casess 208A ins 1958 No 12 am 1967 No 1; 1968 No 25 om 1972 No 37 Substituted service of notice of appeals 208B ins 1958 No 12 om 1972 No 37 Institution of appeals 209 am 1934 No 17 sub 1937 No 28 am 1967 No 1 sub 1972 No 37 am 1984 No 61; 1985 No 67 sub 1986 No 74 am A2005-5 s 31; A2005-7 s 18; A2006-40 amdt 2.150 Substituted service of notice of appeals 210 am 1934 No 17 sub 1937 No 28; 1972 No 37 When appeal deemed to be duly instituteds 211 sub 1937 No 28; 1972 No 37; 1985 No 18 om 1986 No 74 When appeal deemed to be duly instituteds 212 sub 1937 No 28; 1958 No 12 am 1967 No 1 sub 1972 No 37 om 1985 No 18 Increase in amount of securitys 213 sub 1937 No 28; 1972 No 37 om 1985 No 18 Appeals in cases other than civil casess 214 sub 1937 No 28 am 1967 No 1 sub 1972 No 37 am 1984 No 61; 1990 No 65; A2004-60 amdt 1.356; A2005-20 amdt 3.292 Appeals in relation to grant of bails 214A ins 1986 No 33 om 1992 No 9 Appeals in civil casess 215 om 1937 No 28 ins 1972 No 37 am 1985 No 67 om 1986 No 74 Stay of execution pending appeal in certain casess 216 om 1937 No 28 ins 1972 No 37 am 1984 No 62; 1986 No 74; 1992 No 9; 1995 No 41; A2005-7 s 19; A2006-23 amdt 1.250, amdt 1.251; A2008-29 amdt 1.32 Execution not to be stayed in other cases except by order of Supreme Courts 217 om 1937 No 28 ins 1972 No 37 om 1986 No 74 Orders by Supreme Court on appealss 218 om 1937 No 28 ins 1972 No 37 sub 1984 No 61 am 1985 No 67; A2004-60 amdt 1.357, amdt 1.358 No right of appeal under div 3.10.2 if review appeals 219 hdg sub A2004-60 amdt 1.359s 219 om 1937 No 28 ins 1972 No 37 am 1985 No 67; 1986 No 74; A2004-60 amdt 1.360, amdt 1.361 sub A2008-44 amdt 1.80 Reference appeals in criminal mattersdiv 3.10.2A ins A2005-5 s 32 What is a reference appeal?s 219A ins A2005-5 s 32 Reference appeal in relation to proceedings 219AB hdg sub A2008-42 s 12s 219AB ins A2005-5 s 32 am A2006-55 s 15; A2006-40 amdt 2.151; A2008-42 s 13, s 14 Who may be heard at reference appeals 219AC ins A2005-5 s 32 am A2008-42 s 15 Reference appeal decision does not affect verdicts 219AD ins A2005-5 s 32 sub A2008-42 s 16 Review appeals in criminal mattersdiv 3.10.3 hdg (prev pt 11 div 3 hdg) ins 1972 No 37 renum as div 11.3 hdg R8 LA sub and renum A2004-60 amdt 1.362 sub A2008-44 amdt 1.81 Interpretations 219A ins 1972 No 37 om 1994 No 61 Decisions subject to review appeals 219B hdg sub A2008-44 amdt 1.82s 219B ins 1972 No 37 am 1974 No 14; 1979 No 41; 1984 No 16; 1985 No 41; 1985 No 67; ord 1990 No 9; 1994 No 61; 1996 No 6; pars renum R10 LA; A2004-60 amdts 1.363-1.366; A2005-20 amdt 3.293; A2006-23 amdt 1.252; A2006-55 s 16; A2008-44 amdt 1.83 How review appeal is instituteds 219C ins 1972 No 37 am 1974 No 14; 1979 No 41; 1984 No 61; 1985 No 41; 1985 No 67; ord 1990 No 9; 1996 No 6; pars renum R10 LA; A2005-5 s 33; A2005-20 amdts 3.294-3.296; pars and ss renum R29 LA (see A2005-20 amdt 3.297) sub A2008-44 amdt 1.84 Grounds for reviews 219D ins 1972 No 37 am 1985 No 41; 1985 No 67; ord 1990 No 9; 1992 No 9; 1996 No 6; ss renum R10 LA om A2006-40 amdt 2.152 ins A2008-44 amdt 1.84 Report by Magistrates 219E ins 1972 No 37 am 1996 No 6 om A2006-40 amdt 2.152 ins A2008-44 amdt 1.84 Powers of Supreme Courts 219F ins 1972 No 37 am 1974 No 14; 1979 No 41; 1985 No 41; 1985 No 67; ord 1990 No 9; ss and pars renum R10 LA; A2004-60 amdt 1.367; A2006-40 amdt 2.153; A2008-44 amdts 1.85-1.88 Interpretations 219G ins 1984 No 62 am 1986 No 74 om 1992 No 9 Warrant of apprehension of appellants 219H ins 1984 No 62 om 1992 No 9 Power of Court where person apprehendeds 219J ins 1984 No 62 om 1992 No 9 Effect of apprehension of appellants 219K ins 1984 No 62 om 1992 No 9 Stay of execution not affecteds 219L ins 1984 No 62 om 1992 No 9 Criminal appeals--other provisionsdiv 3.10.4 hdg (prev pt 11 div 4 hdg) ins 1972 No 37 renum as div 11.4 hdg R8 LA sub and renum A2004-60 amdt 1.368 Forfeiture of recognisances 220 am 1937 No 28; 1972 No 37 sub 1984 No 62 om 1992 No 9 Magistrate may order appellant to be liberateds 221 om 1937 No 28 Control of Supreme Court over summary convictionss 222 am 1937 No 28; 1985 No 67; 1986 No 74; A2005-20 amdts 3.298-3.300; A2006-23 amdts 1.253-1.255; A2006-40 amdt 2.154 Amendment of documentss 223 am 1937 No 28; 1985 No 67; 1986 No 74 sub A2005-20 amdt 3.301 am A2006-23 amdt 1.256 In cases of certiorari orders 224 hdg sub A2006-40 amdt 2.155s 224 am 1937 No 28; A2005-20 amdt 3.302; A2006-40 amdt 2.156 Notice dispensed withs 225 am 1937 No 28; 1967 No 1; 1985 No 17; A2005-20 amdt 3.302; A2006-40 amdt 2.157, amdt 2.158 Power of court to admit to bails 226 am 1937 No 28; 1992 No 9; A2005-20 amdt 3.302; A2006-23 amdt 1.257; A2006-40 amdt 2.159 Respecting the amendment of convictions etcs 227 am 1937 No 28; 1985 No 67; 1996 No 6; A2005-20 amdt 3.302 No summons or informations 228 am 1986 No 74 sub A2005-20 amdt 3.303 Provisions applicable in relation to security given for costs of appeals 230 am 1937 No 28 sub 1972 No 37 am 1985 No 18; 1991 No 44 om A2006-40 amdt 2.160 Magistrate sued for act not within jurisdictions 231 reloc as s 17A No action against magistrate after order nisi to quash conviction has been granteds 232 reloc as s 17B Warrant or writ by magistrate on order of courts 233 reloc as s 17C No action for acts done under order of Supreme Courts 234 reloc as s 17D No action where proceedings confirmed on appeals 235 reloc as s 17E Actions in cases prohibiteds 236 reloc as s 17F Limitation of actionss 237 om 1985 No 66 Notice of actionss 238 om 1985 No 66 Payment of amounts into courts 239 reloc as s 17G No action against magistrate for judicial acts in Magistrates Courts 240 reloc as s 17H Magistrate sued for acts within his or her jurisdiction only liable in case of malice and absence of reasonable and probable causes 241 reloc as s 17I Verdict for defendants 242 reloc as s 17J Damagess 243 reloc as s 17K Costs in criminal matterspt 3.11 hdg (prev pt 13 hdg) sub 1953 No 14 am 1994 No 4 sub and renum A2004-60 amdt 1.371 Costs in criminal matterss 244 hdg sub A2004-60 amdt 1.372s 244 am 1937 No 28; 1953 No 14; 1986 No 74; 1994 No 61; A2004-60 amdts 1.373-1.375 sub A2008-44 amdt 1.89 Court feess 245 sub 1953 No 14; 1980 No 10 am 1991 No 38; 1991 No 44 om 1994 No 4 Remission of feess 245A ins 1937 No 28 sub 1986 No 83 am 1989 No 55; ord 1990 No 5; 1991 No 44; 1993 No 4 om 1994 No 4 Solicitor's costss 246 sub 1937 No 28 om 1986 No 74 Witnesses expensess 247 sub 1953 No 14; 1967 No 1 am 1996 No 6; A2004-60 amdt 1.376 reloc to Magistrates Court Rules 1932, pt 4 as rule 21 by A2004-60 amdt 1.377 Definitions for pt 13As 248 om 1994 No 61 s 49 ins 2001 No 1 s 3 sch am 2001 No 18 s 174 om A2004-60 amdt 1.378 Determination of feess 248A ins 1974 No 14 am 1986 No 53; ord 1990 No 5 om 1992 No 9 ins 1994 No 4 am 1997 No 94; 1998 No 25 sub 2000 No 1 s 3 sch am 2001 No 44 amdt 1.2760 om A2004-60 amdt 1.378 Payment of feess 248B ins 1974 No 14 am 1986 No 53; ord 1990 No 5 om 1992 No 9 ins 1994 No 4 sub 2000 No 1 s 3 sch am 2001 No 44 amdt 1.2761 om A2004-60 amdt 1.378 Remission, refund, deferral, waiver and exemption of feess 248C ins 1974 No 14 om 1992 No 9 ins 1994 No 4 am 1994 No 45; No. 1995 No 46; 1997 No 96; 1999 No 66 sch 3; 1999 No 64 s 4 sch 2 sub 2000 No 1 s 3 sch am 2002 No 36 s 4 (4), (5) exp 11 October 2003 (s 248C (5)) om A2004-60 amdt 1.378 Recovery of fees in non-criminal proceedings if fees otherwise not payables 248D ins 1974 No 14 am 1986 No 53 om 1992 No 9 ins 1994 No 4 sub 2000 No 1 s 3 sch om A2004-60 amdt 1.378 Recovery of fees in criminal proceedings if fees not otherwise payables 248E ins 1994 No 4 sub 2000 No 1 s 3 sch om A2004-60 amdt 1.378 Review of decisionss 248F ins 1994 No 4 am 1996 No 6 sub 2000 No 1 s 3 sch om A2004-60 amdt 1.378 Securities in criminal matterspt 3.12 hdg (prev pt 14 hdg) sub and renum A2004-60 amdt 1.379 Securities taken under Acts 249 am 1991 No 44; A2004-60 amdts 1.380-1.383; A2005-20 amdt 3.304 Recovery of amount due under securitys 250 ins 1937 No 28 am 1986 No 74; 1991 No 44; 1992 No 9; A2004-60 amdt 1.384; A2006-23 amdt 1.258 Enforcement of payment of sum due by principals 251 om 1937 No 28 am A2006-23 amdt 1.258 Sums paid by surety may be recovered from principals 252 am 1937 No 28; 1986 No 74; 1992 No 9; A2004-60 amdt 1.384; A2006-23 amdt 1.258 Payment enforced by securitys 253 am 1992 No 9; A2004-60 amdt 1.384; A2006-23 amdt 1.258 Enforcement of recognisances 254 sub 1974 No 14 am 1986 No 53; 1986 No 74; ord 1990 No 5; 1991 No 44; 1992 No 9; 1994 No 61; A2006-23 amdt 1.259; A2006-40 amdt 2.161, amdt 2.162 Directions about procedures 254A reloc as s 309 Appearance by audiovisual or audio linkss 254B reloc as s 311 Contempt in face of courts 255 reloc as s 290 Failure to give evidence--offences 255AA reloc as s 291 Failure to give evidence--committals 255AB reloc as s 312 Commitment to remand centres 255A reloc as s 313 Registrar to give directions for preparation of transcripts 255B reloc as s 314 Applications for transcriptss 255C reloc as s 315 Civil proceedingsch 4 hdg ins A2004-60 amdt 1.386 Commencement of proceedingspt 4 hdg renum as pt 3.3 hdg Preliminarypt 4.1 hdg ins A2004-60 amdt 1.386 Generaldiv 4.1 hdg renum as div 3.3.1 hdg Application of ch 4s 256 hdg bracketed note exp 10 January 2006 (s 3 (3))s 256 am 1967 No 1; 1970 No 15; 1974 No 14; 1979 No 33; 1993 No 4; 2001 No 44 amdts 1.2762-1.2764 (8)-(11) exp 12 September 2002 (s 256 (11)) om A2004-60 amdt 1.412 ins A2004-60 amdt 1.386 am A2005-13 amdt 1.43; A2008-46 amdt 3.40 Civil jurisdictionpt 4.2 hdg ins A2004-60 amdt 1.386 Informationsdiv 4.2 hdg renum as pt 3.3.2 hdg Personal actions at law--amount or values 257 hdg bracketed note exp 10 January 2006 (s 3 (3))s 257 am 1937 No 28 om 1986 No 74 ins 1991 No 38 om 1994 No 4 ins A2004-60 amdt 1.386 Power of court to grant reliefs 258 hdg bracketed note exp 10 January 2006 (s 3 (3))s 258 am 1932 No 21; 1937 No 28; 1953 No 14; 1986 No 74; ord 1990 No 5; 1991 No 44; 2001 No 44 amdts 1.2765-1.2768 om A2004-60 amdt 1.412 ins A2004-60 amdt 1.386 Rules of equity to prevails 259 hdg bracketed note exp 10 January 2006 (s 3 (3))s 259 ins 1999 No 34 om 2001 No 90 amdt 1.81 ins A2004-60 amdt 1.386 Nuisances 260 hdg bracketed note exp 10 January 2006 (s 3 (3))s 260 ins A2004-60 amdt 1.386 Disputed debtss 261 hdg bracketed note exp 10 January 2006 (s 3 (3))s 261 ins A2004-60 amdt 1.386 Cause of action arising, or defendant resident, outside ACTs 262 hdg bracketed note exp 10 January 2006 (s 3 (3))s 262 ins A2004-60 amdt 1.386 Requests under conventions relating to legal proceedings in civil and commercial matterss 263 ins A2004-60 amdt 1.386 Proceedings affecting title to lands 264 hdg bracketed note exp 10 January 2006 (s 3 (3))s 264 ins A2004-60 amdt 1.386 Disputes under Residential Tenancies Acts 265 hdg bracketed note exp 10 January 2006 (s 3 (3))s 265 ins A2004-60 amdt 1.386 Complaints under Utilities Act, pt 12s 266 hdg bracketed note exp 10 January 2006 (s 3 (3))s 266 ins A2004-60 amdt 1.386 am A2008-22 amdt 1.36 sub A2008-36 amdt 1.480 Civil disputes under ACT Civil and Administrative Tribunal Acts 266A ins A2008-37 amdt 1.322 Enforcement of ACT Civil and Administrative Tribunal order--representations 266B ins as mod SL2009-2 mod 4.1 (as ins by SL2009-51 s 8) mod exp 2 February 2010 (A2008-35 s 301E (2)) Case stated for Supreme Courtpt 4.3 hdg (prev pt 4 div 3 hdg) om A1986-74 ins A2004-60 amdt 1.386 Case stateds 267 hdg bracketed note exp 10 January 2006 (s 3 (3))s 267 ins A2004-60 amdt 1.386 am A2008-36 amdt 1.481 Transfer of proceedings from or to Supreme Courtpt 4.4 hdg ins A2004-60 amdt 1.386 Summonsesdiv 4.4 hdg renum as div 3.3.3 hdg Transfer of action from Supreme Courts 268 hdg bracketed note exp 10 January 2006 (s 3 (3))s 268 ins A2004-60 amdt 1.386 Procedure on transfer of action from Supreme Courts 269 hdg bracketed note exp 10 January 2006 (s 3 (3))s 269 ins A2004-60 amdt 1.386 am A2006-40 amdt 2.163 Removal of proceedings into Supreme Courts 270 hdg bracketed note exp 10 January 2006 (s 3 (3))s 270 ins A2004-60 amdt 1.386 Stay of proceedingss 271 hdg bracketed note exp 10 January 2006 (s 3 (3))s 271 ins A2004-60 amdt 1.386 Civil appealspt 4.5 hdg ins A2004-60 amdt 1.386 Warrants of arrestdiv 4.5 hdg renum as div 3.3.4 hdg Meaning of appeal--pt 4.5s 272 hdg bracketed note exp 10 January 2006 (s 3 (3))s 272 ins A2004-60 amdt 1.386 sub A2008-36 amdt 1.482 Jurisdictions 273 hdg bracketed note exp 10 January 2006 (s 3 (3))s 273 ins A2004-60 amdt 1.386 Cases in which appeal may be broughts 274 hdg bracketed note exp 10 January 2006 (s 3 (3))s 274 ins A2004-60 amdt 1.386 am A2008-36 amdt 1.483 Appeals--Small Claims Courts 275 hdg bracketed note exp 10 January 2006 (s 3 (3))s 275 ins A2004-60 amdt 1.386 om A2008-36 amdt 1.484 Evidence on appeals 276 hdg bracketed note exp 10 January 2006 (s 3 (3))s 276 ins A2004-60 amdt 1.386 Powers of Supreme Court on appeals 277 hdg bracketed note exp 10 January 2006 (s 3 (3))s 277 ins A2004-60 amdt 1.386 om A2006-40 amdt 2.164 Small Claims Courtpt 4.6 hdg ins A2004-60 amdt 1.386 om A2008-36 amdt 1.485 Definitions for pt 4.6s 278 hdg bracketed note exp 10 January 2006 (s 3 (3))s 278 ins A2004-60 amdt 1.386 om A2008-36 amdt 1.485 Small Claims Courts 279 hdg bracketed note exp 10 January 2006 (s 3 (3))s 279 ins A2004-60 amdt 1.386 om A2008-36 amdt 1.485 Referees--appointments 280 hdg bracketed note exp 10 January 2006 (s 3 (3))s 280 ins A2004-60 amdt 1.386 om A2008-36 amdt 1.485 Referees--functionss 281 hdg bracketed note exp 10 January 2006 (s 3 (3))s 281 ins A2004-60 amdt 1.386 om A2008-36 amdt 1.485 Referees--oath or affirmation of offices 282 hdg bracketed note exp 10 January 2006 (s 3 (3))s 282 ins A2004-60 amdt 1.386 om A2008-36 amdt 1.485 Jurisdictions 283 hdg bracketed note exp 10 January 2006 (s 3 (3))s 283 ins A2004-60 amdt 1.386 om A2008-36 amdt 1.485 $10 000 limits 284 hdg bracketed note exp 10 January 2006 (s 3 (3))s 284 ins A2004-60 amdt 1.386 om A2008-36 amdt 1.485 Admissibility of conference proceedings in inquiriess 285 hdg bracketed note exp 10 January 2006 (s 3 (3))s 285 ins A2004-60 amdt 1.386 om A2008-36 amdt 1.485 Small Claims Court's seals 286 ins A2005-60 amdt 1.108 om A2008-36 amdt 1.485 The Childrens Courtch 4A hdg ins A2008-19 amdt 1.92 The Childrens Courtpt 4A.1 hdg ins A2008-19 amdt 1.92 Childrens Courts 287 ins A2008-19 amdt 1.92 Jurisdiction of Childrens Courts 288 ins A2008-19 amdt 1.92 Proceedings where children jointly charged with adultss 289 ins A2008-19 amdt 1.92 am A2008-44 amdt 1.90 Chief Magistrate to arrange business of Childrens Courts 290 ins A2008-19 amdt 1.92 Childrens Court Magistrate to hear all matterss 291 ins A2008-19 amdt 1.92 Childrens Court Magistratept 4A.2 hdg ins A2008-19 amdt 1.92 Childrens Court Magistrates 291A ins A2008-19 amdt 1.92 Acting Childrens Court Magistrates 291B ins A2008-19 amdt 1.92 Assignment of other magistrates for Childrens Court matterss 291C ins A2008-19 amdt 1.92 Completion of part-heard matterss 291D ins A2008-19 amdt 1.92 Criminal proceedingspt 4A.3 hdg ins A2008-19 amdt 1.92 Procedures for hearing indictable offencess 291E ins A2008-19 amdt 1.92 Childrens Court may adjourn hearings to allow access to legal advices 291F ins A2008-19 amdt 1.92 Childrens Court may send cases to Supreme Court for sentencings 291G ins A2008-19 amdt 1.92 Miscellaneousch 5 hdg (prev pt 15 hdg) sub and renum A2004-60 amdt 1.387 Hearingpt 5 hdg renum as pt 3.4 hdg Offencespt 5.1 hdg ins A2004-60 amdt 1.387 Generaldiv 5.1 hdg renum as div 3.4.1 hdg Evidencediv 5.2 hdg renum as div 3.4.2 hdg Remanddiv 5.3 hdg renum as div 3.4.3 hdg Committal and recognisancediv 5.4 hdg renum as div 3.4.4 hdg Adjournment of proceedingsdiv 5.5 hdg renum as div 3.4.5 hdg Contempt in face of courts 290 (prev s 255) am 1967 No 1; 1972 No 37; ord 1990 No 5 sub 1993 No 4 am 1994 No 66; 1994 No 81; 1999 No 22 s 23; ss renum R10 LA; A2004-60 amdt 1.391 renum A2004-60 amdt 1.392 am A2005-53 amdt 1.108; ss renum R30 LA (see A2005-53 amdt 1.109) om A2006-55 s 17 Failure to give evidence--offences 291 hdg (prev s 255AA hdg) sub A2004-60 amdt 1.393s 291 (prev s 255AA) ins 1994 No 61 am 1995 No 46; 1996 No 6; 1998 No 25; 1998 No 54; A2004-60 amdt 1.394, amdt 1.395 reloc from s 255AA by A2004-60 amdt 1.396 om A2005-53 amdt 1.110 Failure to comply with order in nuisance actions 292 hdg ins A2004-60 amdt 1.412 bracketed note exp 10 January 2006 (s 3 (3))s 292 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 s 8 (2) by A2004-60 amdt 1.450 Failure to comply with Magistrates Court subpoenas 293 hdg bracketed note exp 10 January 2006 (s 3 (3))s 293 (1) reloc from Magistrates Court (Civil Jurisdiction) Act 1982 s 187 (7) by A2004-60 amdt 1.488 (2), (3) ins A2004-60 amdt 1.412 om A2005-53 amdt 1.111 Failure to comply with judgment for delivery of detained goodss 294 hdg ins A2004-60 amdt 1.412 bracketed note exp 10 January 2006 (s 3 (3))s 294 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 s 217 (4) by A2004-60 amdt 1.502 om A2006-40 amdt 2.164 False or misleading statement by garnishees 295 hdg ins A2004-60 amdt 1.412 bracketed note exp 10 January 2006 (s 3 (3))s 295 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 s 329 (2) by A2004-60 amdt 1.524 om A2006-40 amdt 2.164 Obligations of judgment creditor if garnishee pays too muchs 296 hdg ins A2004-60 amdt 1.412 bracketed note exp 10 January 2006 (s 3 (3))s 296 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 s 337 (1) by A2004-60 amdt 1.527 om A2006-40 amdt 2.164 Notice to be given if judgment debtor ceases employments 297 hdg ins A2004-60 amdt 1.412 bracketed note exp 10 January 2006 (s 3 (3))s 297 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 s 340 (1) by A2004-60 amdt 1.531 om A2006-40 amdt 2.164 Prejudice to employees 298 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 s 341 by A2004-60 amdt 1.535 Interference with seized property etcs 299 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 s 379 by A2004-60 amdt 1.537 om A2006-40 amdt 2.164 Failure to comply with Small Claims Court subpoenas 300 hdg bracketed note exp 10 January 2006 (s 3 (3))s 300 (1) reloc from Magistrates Court (Civil Jurisdiction) Act 1982 s 448 (1) by A2004-60 amdt 1.563 (2), (3) ins A2004-60 amdt 1.412 om A2005-53 amdt 1.112 Witness before Small Claims Court to answer questionss 301 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 s 449 by A2004-60 amdt 1.568 om A2005-53 amdt 1.112 Contravention of Small Claims Court order in trespass proceedings 302 hdg ins A2004-60 amdt 1.412 bracketed note exp 10 January 2006 (s 3 (3))s 302 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 s 460 (2) by A2004-60 amdt 1.574 om A2008-36 amdt 1.486 Otherpt 5.2 hdg ins A2004-60 amdt 1.412 Contempt of courts 307 ins A2006-55 s 18 Magistrates Court's seals 308 ins A2005-60 amdt 1.109 Directions about procedure etcs 309 (prev s 254A) ins 1989 No 59 reloc by A2004-60 amdt 1.385 sub A2006-55 s 19 Hearings generally to be in publics 310 hdg (prev s 51 hdg) sub A2004-60 amdt 1.224s 310 (prev s 51) am 1986 No 74 sub 1996 No 6 am A2004-60 amdts 1.225-1.227 reloc by A2004-60 amdt 1.228 am A2008-36 amdt 1.487 Appearance by audiovisual or audio links etcs 311 (prev s 254B) ins 1999 No 22 s 22 am 2000 No 17 s 3 sch 1; A2003-48 amdt 2.11; A2004-60 amdt 1.388; ss renum R26 LA (see A2004-60 amdt 1.389) reloc by A2004-60 amdt 1.390 am A2005-20 amdt 3.305 sub A2006-55 s 20 Failure to give evidence--committals 312 hdg (prev s 255AB hdg) sub A2004-60 amdt 1.397s 312 (prev s 255AB) ins 1994 No 61 am 1995 No 46; A2004-60 amdts 1.398-1.400 reloc by A2004-60 amdt 1.401 sub A2005-53 amdt 1.113 am A2006-23 amdts 1.260-1.262 Commitment to remand centres 313 (prev s 255A) ins 1976 No 42 am 1995 No 41; 1996 No 6; 1998 No 25 reloc by A2004-60 amdt 1.402 om A2006-23 amdt 1.263 Registrar to give directions for preparation of transcripts 314 hdg (prev s 255B hdg) am 1991 No 44s 314 (prev s 255B) ins 1980 No 4 am 1986 No 71; 1991 No 44; A2004-60 amdt 1.403 reloc by A2004-60 amdt 1.404 Applications for transcriptss 315 (prev s 255C) ins 1980 No 4 am 1986 No 71; 1986 No 83; 1988 No 45; 1991 No 38; 1991 No 44; 1993 No 4; 1994 No 4; 1999 No 22 s 24; A2004-60 amdts 1.405-1.409; ss renum R26 LA (see A2004-60 amdt 1.410) reloc by A2004-60 amdt 1.411 Record of proceedingss 316 hdg (prev s 54A hdg) sub A2004-60 amdt 1.229s 316 (prev s 54A) ins 1980 No 4 am 1985 No 41; 1986 No 71; 1986 No; 1986 No 74; 1986 No 83; ord 1990 No 5; 1991 Nos 44 and 106; 1999 No 22 s 19; 1999 No 66 sch 3; 2000 No 17 s 3 sch 1; ss renum R10 LA; A2003-48 amdt 2.9; A2004-60 amdt 1.230 reloc by A2004-60 amdt 1.231 pars renum R26 LA am A2005-20 amdt 3.306 Record of proceedings and transcripts 317 (prev s 60) sub 1958 No 12; 1967 No 1 am 1972 No 37 sub 1974 No 14; 1980 No 4 am 1991 No 44; 1999 No 22 s 20; A2004-60 amdts 1.233-1.237 reloc by A2004-60 amdt 1.238 Person about to leave ACT may be ordered to be examined or produce documentss 318 hdg (prev s 67 hdg) am A2004-60 amdt 1.258s 318 (prev s 67) am 1980 No 4; 1986 No 74; 1996 No 6; ss renum R10 LA; A2004-60 amdt 1.259, amdt 1.260 reloc by A2004-60 amdt 1.261 Witnesses' rights and liabilitiess 319 (prev s 68) am 1996 No 6; A2004-60 amdt 1.263, amdt 1.264 reloc by A2004-60 amdt 1.265 Depositions to be given to registrars 320 hdg (prev s 69 hdg) am 1991 No 44s 320 (prev s 69) am 1958 No 12; 1967 No 1; 1980 No 4; 1991 No 44; A2004-60 amdts 1.266-1.268 reloc by A2004-60 amdt 1.269 Regulation-making powers 321 ins A2004-60 amdt 1.412 Proceedings in case of indictable offencespt 6 hdg renum as pt 3.5 hdg Preliminarydiv 6.1A hdg renum as div 3.5.1 hdg Institution of proceedingsdiv 6.1 hdg renum as div 3.5.2 hdg Proceedings subsequent to hearing of evidencediv 6.2 hdg renum as div 3.5.3 hdg Costsdiv 6.2A hdg renum as div 3.5.4 hdg Recognisances of witnessesdiv 6.3 hdg renum as div 3.5.5 hdg Miscellaneousdiv 6.4 hdg renum as div 3.5.6 hdg Proceedings for offences punishable summarilypt 7 hdg renum as pt 3.6 hdg Service and pleading by post for certain offencespt 7A hdg renum as pt 3.7 hdg Infringement notices for certain offencespt 8 hdg renum as pt 3.8 hdg Preliminarydiv 8.1 hdg renum as div 3.8.1 hdg Infringement and reminder noticesdiv 8.2 hdg renum as div 3.8.2 hdg Additional provisions for vehicle-related offencesdiv 8.2A hdg renum as div 3.8.3 hdg Disputing liabilitydiv 8.3 hdg renum as div 3.8.4 hdg Miscellaneousdiv 8.4 hdg renum as div 3.8.5 hdg Enforcement of decisionspt 9 hdg renum as pt 3.9 hdg Generaldiv 9.1 hdg renum as div 3.9.1 hdg Enforcement of finesdiv 9.2 hdg renum as div 3.9.2 hdg Reciprocal enforcement of fines against bodies corporatediv 9.2A hdg renum as div 3.9.3 hdg Adverse claimspt 9 div 3 hdg om 1986 No 74 Attachment of debtspt 9 div 4 hdg om 1994 No 61 Imprisonment of fraudulent debtorspt 9 div 5 hdg om 1994 No 61 Miscellaneousdiv 9.6 hdg renum as div 3.9.4 hdg Restraining orderspt 10 hdg sub 1990 No 65 om 2001 No 90 amdt 1.79 Appeals to Supreme Courtpt 11 hdg renum as pt 3.10 hdg Appellate jurisdiction of Supreme Courtdiv 11.1 hdg renum as div 3.10.1 hdg Appealsdiv 11.2 hdg renum as div 3.10.2 hdg Orders to reviewdiv 11.3 hdg renum as div 3.10.3 hdg Absconding appellantspt 11 div 3A hdg ins 1984 No 62 om 1992 No 9 General provisionsdiv 11.4 hdg renum as div 3.10.4 hdg Protection of magistrates in the execution of their officept 12 hdg om A2004-60 amdt 1.369 Costspt 13 hdg renum as pt 3.11 hdg Court and tribunal feespt 13A hdg orig pt 13A hdg ins 1974 No 14 om 1992 No 9 ins 1994 No 4 sub 2000 No 1 s 3 sch om A2004-60 amdt 1.378 Securitiespt 14 hdg renum as pt 3.12 hdg Miscellaneouspt 15 hdg renum as ch 5 hdg Transitionalpt 16 hdg ins 1999 No 34 om 2001 No 90 amdt 1.81 Transitional--Children and Young People Act 2008pt 17 hdg renum as ch 10 hdg Transitional--Children and Young People Act 2008ch 10 hdg (prev pt 17 hdg) ins A2008-20 amdt 1.5 renum as ch 10 hdg R41 LA exp 27 February 2011 (s 404 (1) (LA s 88 declaration applies)) Childrens Court Magistrates 400 ins A2008-20 amdt 1.5 exp 27 February 2011 (s 404 (1) (LA s 88 declaration applies)) Existing proceedings in Childrens Courts 401 ins A2008-20 amdt 1.5 exp 27 February 2011 (s 404 (1) (LA s 88 declaration applies)) Completion of part-heard matters if magistrate no longer Childrens Court magistrate etcs 402 ins A2008-20 amdt 1.5 exp 27 February 2011 (s 404 (1) (LA s 88 declaration applies)) Transitional regulationss 403 ins A2008-20 amdt 1.5 exp 27 February 2011 (s 404 (1)) Expiry--ch 10s 404 ins A2008-20 amdt 1.5 exp 27 February 2011 (s 404 (1) (LA s 88 declaration applies)) Transitional--Crimes Legislation Amendment Act 2008ch 11 hdg ins A2008-44 amdt 1.91 exp 30 May 2010 (s 453) Application of amendments--indictable offencess 450 ins A2008-44 amdt 1.91 exp 30 May 2010 (s 453) Application of certain other amendmentss 451 ins A2008-44 amdt 1.91 sub as mod SL2009-20 s 3 (mod lapsed on rep of SL2009-21 (4 September 2009)) sub A2009-24 amdt 1.40 exp 30 May 2010 (s 453) Admissibility of certain written statements made before commencement days 451A ins as mod SL2009-20 s 3 (mod lapsed on rep of SL2009-21 (4 September 2009)) sub A2009-24 amdt 1.40 exp 30 May 2010 (s 453 (LA s 88 declaration applies)) Transitional regulationss 452 ins A2008-44 amdt 1.91 exp 30 May 2010 (s 453) Expiry--ch 11s 453 ins A2008-44 amdt 1.91 exp 30 May 2010 (s 453) Transitional--Sexual and Violent Offences Legislation Amendment Act 2008ch 12 hdg ins A2008-41 s 35 om A2009-24 amdt 1.41 Application of amendmentss 460 ins A2008-41 s 35 om A2009-24 amdt 1.41 Expiry--ch 12s 461 ins A2008-41 s 35 om A2009-24 amdt 1.41 Oath and affirmation of officesch 1 orig sch 1 am 1937 No 28; 1938 No 25 (as am 1938 No 35); 1938 No 35; 1953 No 14; 1958 No 12; 1966 No 2; 1967 No 1; 1968 No 25; 1972 No 37; 1974 No 14; 1976 No 42; 1977 No 34; 1977 No 61; 1978 No 46; 1979 No 33; 1984 No 62; 1985 No 67; 1986 No 74; 1989 No 59; 1990 No 65; 1991 No 44; 1992 No 9; 1992 No 37; 1993 No 4; 1994 No 61; 1996 No 6; 1996 No 82; 1998 No 67 om 2001 No 44 amdt 1.2769 (prev sch 2) am 1938 No 25 (as am 1938 No 35) om 1977 No 4 ins 1977 No 4 am 1997 No 94 renum 2001 No 44 amdt 1.2770 am A2005-20 amdt 3.307 Oathsch 2 renum as sch 1 sch 3 am 1938 No 25 (as am 1938 No 35); 1976 No 42; 1985 No 67; 1991 No 44 om 2001 No 44 amdt 1.2771 Feessch 4 am 1937 No 5; 1937 No 28 om 1953 No 14 sch 5 om 1953 No 14 Witnesses' expensessch 6 om 1953 No 14 Dictionarydict ins A2004-60 amdt 1.413 am A2006-23 amdt 1.264, amdt 1.265; A2008-42 s 17 def administering authority ins A2004-60 amdt 1.413 def administrator ins A2004-60 amdt 1.413 om A2006-23 amdt 1.266 def another jurisdiction ins A2004-60 amdt 1.413 def appeal ins A2004-60 amdt 1.413 def appearance ins A2004-60 amdt 1.413 def applicant ins A2004-60 amdt 1.413 om A2008-36 amdt 1.488 def application ins A2004-60 amdt 1.413 om A2008-36 amdt 1.488 def authorised person ins A2004-60 amdt 1.413 sub A2008-42 s 18 def bailiff ins A2004-60 amdt 1.413 def certified copies ins A2004-60 amdt 1.413 def claim ins A2004-60 amdt 1.413 def committal order ins A2006-23 amdt 1.267 def common boundaries determination ins A2004-60 amdt 1.413 om A2008-36 amdt 1.488 def contract application ins A2004-60 amdt 1.413 om A2008-36 amdt 1.488 def conviction ins A2004-60 amdt 1.413 def court ins A2004-60 amdt 1.413 def court attendance notice ins A2008-42 s 19 def Crimes Act ins A2004-60 amdt 1.413 def damages application ins A2004-60 amdt 1.413 om A2008-36 amdt 1.488 def date of service ins A2004-60 amdt 1.413 def debt application ins A2004-60 amdt 1.413 om A2008-36 amdt 1.488 def debt declaration ins A2004-60 amdt 1.413 om A2008-36 amdt 1.488 def decision ins A2004-60 amdt 1.413 def default notice ins A2004-60 amdt 1.413 def defendant ins A2004-60 amdt 1.413 def driver ins A2004-60 amdt 1.413 def escort ins A2004-60 amdt 1.413 om A2006-23 amdt 1.268 def fine ins A2004-60 amdt 1.413 def fine defaulter ins A2004-60 amdt 1.413 def goods application ins A2004-60 amdt 1.413 om A2008-36 amdt 1.488 def government agency ins A2004-60 amdt 1.413 def hearing ins A2004-60 amdt 1.413 def home address ins A2004-60 amdt 1.413 def illegal user declaration ins A2004-60 amdt 1.413 def indictable offence ins A2004-60 amdt 1.413 def indictment ins A2004-60 amdt 1.413 def information ins A2004-60 amdt 1.413 def infringement notice ins A2004-60 amdt 1.413 def infringement notice offence ins A2004-60 amdt 1.413 def infringement notice penalty ins A2004-60 amdt 1.413 def inquiry ins A2004-60 amdt 1.413 om A2008-36 amdt 1.488 def judgment ins A2004-60 amdt 1.413 om A2008-36 amdt 1.488 def jury ins A2004-60 amdt 1.413 def known offender declaration ins A2004-60 amdt 1.413 def law in force in the ACT ins A2004-60 amdt 1.413 def magistrate ins A2004-60 amdt 1.413 am A2005-20 amdt 3.308 def notice of intention to defend form ins A2005-20 amdt 3.309 def notice to defendant form ins A2005-20 amdt 3.309 def nuisance application ins A2004-60 amdt 1.413 om A2008-36 amdt 1.488 def outstanding fine ins A2004-60 amdt 1.413 def penalty notice ins A2004-60 amdt 1.413 def plea of guilty form ins A2005-20 amdt 3.309 def prescribed offence ins A2004-60 amdt 1.413 def proceeding ins A2004-60 amdt 1.413 om A2008-36 amdt 1.488 def reciprocating court ins A2004-60 amdt 1.413 def referee ins A2004-60 amdt 1.413 om A2008-36 amdt 1.488 def reference appeal ins A2005-5 s 34 def registered ins A2004-60 amdt 1.413 def registered operator ins A2004-60 amdt 1.413 om A2005-20 amdt 3.310 def registrar ins A2004-60 amdt 1.413 def relevant officer ins A2004-60 amdt 1.413 def reminder notice ins A2004-60 amdt 1.413 def respondent ins A2004-60 amdt 1.413 om A2008-36 amdt 1.488 def responsible person ins A2004-60 amdt 1.413 def review appeal ins A2008-44 amdt 1.92 def rules ins A2004-60 amdt 1.413 sub A2008-36 amdt 1.489 def Small Claims Court ins A2004-60 amdt 1.413 om A2008-36 amdt 1.490 def sold vehicle declaration ins A2004-60 amdt 1.413 def State ins A2004-60 amdt 1.413 def summary conviction ins A2004-60 amdt 1.413 def superintendent ins A2004-60 amdt 1.413 om A2006-23 amdt 1.268 def Territory entity ins A2004-60 amdt 1.413 def Territory fine ins A2004-60 amdt 1.413 def trader's plate ins A2004-60 amdt 1.413 om A2005-20 amdt 3.310 def trespass application ins A2004-60 amdt 1.413 om A2008-36 amdt 1.490 def unknown offender declaration ins A2004-60 amdt 1.413 def vehicle ins A2004-60 amdt 1.413 def vehicle-related offence ins A2005-20 amdt 3.311 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R13 Aug 1992 3 Aug 1992-27 Nov 1992 A1992-37 initial republication since self-government and includes retrospective amendments by A1996-6 R1 (RI)23 Feb 2006 3 Aug 1992-27 Nov 1992 A1992-37 reissue of printed version R1A23 Feb 2006 23 Nov 1992-28 Feb 1993 A1992-37 amendments by A1992-9 and includes retrospective amendments by A1996-6 R1B23 Feb 2006 1 Mar 1993-7 Mar 1993 A1993-2 amendments by A1993-2 and includes retrospective amendments by A1996-6 R1C23 Feb 2006 8 Mar 1993-31 Aug 1993 A1993-4 amendments by A1993-4 and includes retrospective amendments by A1996-6 R1D23 Feb 2006 1 Sept 1993-26 Sept 1993 A1993-4 amendments by A1993-4 and includes retrospective amendments by A1996-6 R1E23 Feb 2006 27 Sept 1993-16 Dec 1993 A1993-48 amendments by A1993-48 and includes retrospective amendments by A1996-6 R231 Dec 1993 17 Dec 1993-13 Mar 1994 A1993-91 amendments by A1993-91 and includes retrospective amendments by A1996-6 R2 (RI)23 Feb 2006 17 Dec 1993-13 Mar 1994 A1993-91 reissue of printed version R2A23 Feb 2006 1 July 1994-10 Oct 1994 A1994-45 amendments by A1994-4, A1994-10 and A1994-38 and includes retrospective amendments by A1996-6 R2B23 Feb 2006 11 Oct 1994-28 Nov 1994 A1994-66 amendments by A1994-66 and includes retrospective amendments by A1996-6 R310 Apr 1995 10 Apr 1995-17 Dec 1995 A1994-81 amendments by A1994-45, A1994-61 and A1994-81 and includes retrospective amendments by A1996-6 R3 (RI)23 Feb 2006 10 Apr 1995-17 Dec 1995 A1994-81 reissue of printed version R3A23 Feb 2006 18 Dec 1995-6 May 1996 A1995-46 amendments by A1995-46 and includes retrospective amendments by A1996-6 R3B23 Feb 2006 12 Sept 1996-31 Dec 1996 A1996-6 amendments by A1995-41 and A1996-6 R3C23 Feb 2006 17 May 1997-29 May 1997 A1996-82 amendments by A1996-68, A1996-74 and A1996-82 R430 May 1997 30 May 1997-22 Sept 1997 A1997-25 amendments by A1997-25 R4 (RI)23 Feb 2006 30 May 1997-22 Sept 1997 A1997-25 reissue of printed version R4A23 Feb 2006 23 Sept 1997-24 May 1998 A1997-41 amendments by A1997-41 R51 June 1998 1 June 1998-18 Oct 1998 A1997-96 amendments by A1997-94 and A1997-96 R5 (RI)23 Feb 2006 1 June 1998-18 Oct 1998 A1997-96 reissue of printed version R631 Mar 1999 31 Mar 1999-30 Apr 1999 A1999-12 amendments by A1998-25, A1998-38, A1998-54 and A1998-67 R6 (RI) 23 Feb 2006 31 Mar 1999-30 Apr 1999 A1999-12 reissue of printed version R6A23 Feb 2006 1 Sept 1999-9 Nov 1999 A1999-34 amendments by A1999-12, A1999-22 and A1999-34 R6B23 Feb 2006 24 Dec 1999-29 Feb 2000 A1999-91 amendments by A1999-59, A1999-61, A1999-66 and A1999-91 R6C23 Feb 2006 10 May 2000-31 May 2000 A2000-1 amendments by A1999-64, A1999-79 and A2000-1 R6D23 Feb 2006 1 June 2000-8 Sept 2000 A2000-17 amendments by A2000-17 R720 Nov 2000 5 Oct 2000-4 Sept 2001 A2000-60 amendments by A2000-1 and A2000-60 R7 (RI) 23 Feb 2006 5 Oct 2000-4 Sept 2001 A2000-60 reissue of printed version R812 Sept 2001 27 Sept 2001-30 Nov 2001 A2001-90 amendments by A2001-44, A2001-56, A2001-63 and A2001-70 R93 Dec 2001 1 Dec 2001-13 Mar 2002 A2001-90 amendments by A2001-62 R1014 Mar 2002 14 Mar 2002-26 Mar 2002 A2002-2 amendments by A2001-77 and A2002-2 R11*27 Mar 2002 27 Mar 2002-30 June 2002 A2002-2 amendments by A2001-90 R121 July 2002 1 July 2002-12 Sept 2002 A2002-2 amendments by A2001-18 R1313 Sept 2002 13 Sept 2002-16 Sept 2002 A2002-2 commenced expiry R1417 Sept 2002 17 Sept 2002-10 Oct 2002 A2002-30 amendments by A2002-30 R1511 Oct 2002 11 Oct 2002-31 Dec 2002 A2002-36 amendments by A2002-36 R161 Jan 2003 1 Jan 2003-30 Mar 2003 A2002-36 repealed amendments by A2001-64 R16 (RI)12 Feb 2003 1 Jan 2003-30 Mar 2003 A2002-36 reissue to include retrospective amendments by A2002-49 R17*31 Mar 2003 31 Mar 2003-11 Oct 2003 A2003-2 amendments by A2003-2 R1812 Oct 2003 12 Oct 2003-18 Dec 2003 A2003-2 commenced expiry R1919 Dec 2003 19 Dec 2003-21 Mar 2004 A2003-56 amendments by A2003-56 R2022 Mar 2004 22 Mar 2004-8 Apr 2004 A2004-2 amendments by A2004-2 R219 Apr 2004 9 Apr 2004-29 Apr 2004 A2004-15 amendments by A2004-15 R2230 Apr 2004 30 Apr 2004-25 June 2004 A2004-15 amendments by A2003-48 R2326 June 2004 26 June 2004-24 Aug 2004 A2004-15 amendments by A2004-14 R2425 Aug 2004 25 Aug 2004-29 Sept 2004 A2004-47 amendments by A2004-42 R2530 Sept 2004 30 Sept 2004-9 Jan 2005 A2004-47 amendments by A2004-42 and A2004-47 R26 (RI)8 June 2005 10 Jan 2005-23 Feb 2005 A2004-60 amendments by A2004-60 and includes textual correction in s 312 R27 (RI)8 June 2005 24 Feb 2005-24 Mar 2005 A2005-7 amendments by A2005-5 and A2005-7 and includes textual correction in s 312 R28 (RI)8 June 2005 25 Mar 2005-1 June 2005 A2005-13 amendments by A2005-13 and includes textual correction in s 312 R29 (RI)8 June 2005 2 June 2005-22 Nov 2005 A2005-20 amendments by A2005-20 and includes textual correction in s 312 R3023 Nov 2005 23 Nov 2005-21 Dec 2005 A2005-53 amendments by A2005-53 R3122 Dec 2005 22 Dec 2005-10 Jan 2006 A2005-60 amendments by A2005-60 R32*11 Jan 2006 11 Jan 2006-1 June 2006 A2005-60 commenced expiry R332 June 2006 2 June 2006-1 July 2006 A2006-23 amendments by A2006-23 R342 July 2006 2 July 2006-18 Dec 2006 A2006-23 commenced expiry R3519 Dec 2006 19 Dec 2006-31 Dec 2006 A2006-55 amendments by A2006-55 R361 Jan 2007 1 Jan 2007-9 Nov 2007 A2006-55 amendments by A2006-40 as amended by A2006-55 R3710 Nov 2007 10 Nov 2007-17 Dec 2007 A2007-15 amendments by A2007-8 R3818 Dec 2007 18 Dec 2007-19 Dec 2007 A2007-44 amendments by A2007-15 R3920 Dec 2007 20 Dec 2007-15 Apr 2008 A2007-44 amendments by A2007-44 R4016 Apr 2008 16 Apr 2008-28 July 2008 A2008-6 amendments by A2008-6 R4129 July 2008 29 July 2008-26 Aug 2008 A2008-22 amendments by A2008-22 R4227 Aug 2008 27 Aug 2008-1 Feb 2009 A2008-29 amendments by A2008-29 R432 Feb 2009 2 Feb 2009-26 Feb 2009 A2008-46 amendments by A2008-36 and A2008-37 R4427 Feb 2009 27 Feb 2009-7 Mar 2009 A2008-46 amendments by A2008-19 and A2008-20 R458 Mar 2009 8 Mar 2009-29 Mar 2009 A2009-7 amendments by A2008-42 R4630 Mar 2009 30 Mar 2009-29 May 2009 A2009-7 amendments by A2008-46 R4730 May 2009 30 May 2009-3 Sept 2009 SL2009-20 amendments by A2008-41, A2008-44 and A2009-7 and modifications by SL2009-20 R484 Sept 2009 4 Sept 2009-28 Sept 2009 A2009-24 amendments by A2009-24 R4929 Sept 2009 29 Sept 2009-21 Oct 2009 A2009-24 amendments by A2009-19 R5022 Oct 2009 22 Oct 2009-30 Oct 2009 A2009-37 amendments by A2009-37 6 Modifications of republished law with temporary effect The following modifications have not been included in this republication: ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009 SL2009-2 s 67 and sch 4 mod 4.1 (as am by SL2009-51 s 6, s 8) 67 Modification of Act, pt 30--Act, s 301 (2) (1) The Act, part 30 applies as if the following sections were inserted: . . . 301E Modification--Magistrates Court Act 1930 (1) The Magistrates Court Act 1930 is modified as set out in the ACAT (TP) Regulation, schedule 4. (2) This section and the ACAT (TP) Regulation, schedule 4 expire on the day the ACAT (TP) Regulation expires. (3) In this section: "ACAT (TP) Regulation" means the ACT Civil and Administrative Tribunal (Transitional Provisions) Regulation 2009. . . . Schedule 4 Modification--Magistrates Court Act 1930 (see s 67) [4.1] New section 266B insert 266B Enforcement of ACT Civil and Administrative Tribunal order--representation (1) This section applies if a person (the first person)-- (a) was represented in an application in the ACAT by someone else (the second person) under the ACT Civil and Administrative Tribunal Act 2008, section 30; and (b) the ACAT made a money order or non-money order in favour of the first person; and (c) the first person enforces the order in the Magistrates Court under the Court Procedures Rules 2006, part 2.18 (Enforcement). (2) The second person may represent the first person in the enforcement proceeding in the Magistrates Court. 7 Uncommenced amendments The following amendments have not been included in this republication because they were uncommenced at the republication date: Road Transport (Mass, Dimensions and Loading) Act 2009 A2009-22 sch 1 pt 1.1 Part 1.1 Magistrates Court Act 1930 [1.1] Section 116AA (2) substitute (2) In this section: "road transport legislation "means the following: (a) the Road Transport (Driver Licensing) Act 1999; (b) the Road Transport (General) Act 1999; (c) the Road Transport (Mass, Dimensions and Loading) Act 2009; (d) the Road Transport (Public Passenger Services) Act 2001; (e) the Road Transport (Safety and Traffic Management) Act 1999; (f) the Road Transport (Vehicle Registration) Act 1999; (g) any other Act or any regulation prescribed by regulation. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (c) Australian Capital Territory 2009 MAGISTRATES COURT ACT 1930 - NOTES Australian Capital Territory A1930-21 Republication No 51 Effective: 31 October 2009 Republication date: 31 October 2009 Last amendment made by SL2009-51(republication for modifications by SL2009-2 as am by SL2009-51) Not all amendments are in force: see last endnoteUnauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Magistrates Court Act 1930 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 31 October 2009 . It also includes any amendment, repeal or expiry affecting the republished law to 31 October 2009 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133). Australian Capital Territory Magistrates Court Act 1930 Endnotes Australian Capital Territory Magistrates Court Act 1930