New South Wales Consolidated Acts

SUMMARY OFFENCES ACT 1988 - SECT 36

36 Report by Ombudsman on section 9

(1) As soon as practicable after the end of the period of 12 months from the commencement of section 9 (as inserted by the Summary Offences Amendment (Intoxicated and Disorderly Conduct) Act 2011 ), the Ombudsman must prepare a report on:

(a) the operation of section 9, and

(b) the issue of penalty notices in respect of offences against section 9.

(2) For that purpose, the Commissioner of Police is to ensure that the Ombudsman is provided with information about:

(a) any prosecutions brought under section 9, and

(b) the issue of penalty notices in respect of offences against section 9.

(3) The Ombudsman may at any time require the Commissioner of Police, or any public authority, to provide any information or further information the Ombudsman requires for the purposes of preparing the report under this section.

(4) The Ombudsman must furnish a copy of the report to the Attorney General and to the Commissioner of Police.

(5) The Attorney General is to lay (or cause to be laid) a copy of the report before both Houses of Parliament as soon as practicable after the Attorney General receives the report.

(6) If a House of Parliament is not sitting when the Attorney General seeks to lay a report before it, the Attorney General may present copies of the report to the Clerk of the House concerned.

(7) The report:

(a) is, on presentation and for all purposes, taken to have been laid before the House, and

(b) may be printed by authority of the Clerk of the House, and

(c) if so printed, is for all purposes taken to be a document published by or under the authority of the House, and

(d) is to be recorded:

(i) in the case of the Legislative Council, in the Minutes of the Proceedings of the Legislative Council, and

(ii) in the case of the Legislative Assembly, in the Votes and Proceedings of the Legislative Assembly,

on the first sitting day of the House after receipt of the report by the Clerk.