HEALTH PRACTITIONER REGULATION NATIONAL LAW ACT 2009 - SECT 56A Replacement of s 241A

HEALTH PRACTITIONER REGULATION NATIONAL LAW ACT 2009 - SECT 56A

56A Replacement of s 241A

Section 241A —

omit, insert—

241A Proceedings for indictable offences

(1) An offence against part 7, division 10 or section 196A(1) is an indictable offence that is a misdemeanour.

(2) Subject to subsection (3), a proceeding for an indictable offence is to be heard and decided summarily.

(3) A Magistrates Court must abstain from dealing summarily with a charge of an indictable offence—

(a) if satisfied, on an application made by the prosecution or the defence, that because of exceptional circumstances the charge should not be heard and decided summarily; or

Examples of exceptional circumstances—

1 There is sufficient connection between the offence the subject of the charge, and other offences allegedly committed by the defendant and to be tried on indictment, to allow all the offences to be tried together.

2 There is an important issue of law involved.

3 An issue of general community importance or public interest is involved, or the holding of a trial by jury is justified in order to establish contemporary community standards.

(b) if satisfied, at any stage and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction.

(4) If a Magistrates Court abstains from jurisdiction—

(a) the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and

(b) the proceeding for the charge must be conducted as a committal proceeding; and

(c) a plea of the defendant at the start of the hearing must be disregarded; and

(d) the evidence already heard by the court is taken to be evidence in the committal proceeding; and

(e) the Justices Act 1886 , section 104 must be complied with for the committal proceeding.

(5) The maximum penalty that may be imposed on a summary conviction for an indictable offence is 165 penalty units.

(6) A Magistrates Court that summarily deals with a charge of an indictable offence—

(a) must be constituted by a magistrate; and

(b) has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.