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POLICE ADMINISTRATION ACT 1978 - SECT 133C Form of notice to appear

POLICE ADMINISTRATION ACT 1978 - SECT 133C

Form of notice to appear

    (1)     A notice to appear is to:

        (a)     be directed to the person alleged to have committed the offence; and

        (b)     state the substance of the offence the person is alleged to have committed; and

        (c)     require the person to appear before the Local Court at a specified time and place in respect of the offence; and

        (d)     state, if the person does not appear before the Local Court as required by the notice, the consequences include that the Local Court may issue a warrant for the person's arrest or proceed ex parte to a hearing of the offence and adjudicate on the offence as fully and effectually, to all intents and purposes, as if the person had personally appeared as required by the notice; and

        (e)     be signed by the member who issued the notice.

    (2)     The statement in the notice to appear of the substance of the offence need provide only general particulars of the offence, including:

        (a)     the nature of the offence; and

        (b)     the time and place it is alleged the offence was committed.

    (3)     The time specified in the notice to appear as the time when the person is required to appear before the Local Court is to be not less than 7 days after the notice is served.

    (4)     The place specified in the notice to appear as the place where the person is to appear before the Local Court is to be a place where the Local Court will be sitting at the time specified in the notice.