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LOCAL COURT (REPEALS AND RELATED AMENDMENTS) ACT 2016 (NO 9 OF 2016) - SCHEDULE 1

Schedule 1     Justices Act further amended

section 24

Provision

Amendment


omit

insert

section 20(1)(c)

him before the Justice issuing it, or before some other Justice

the defendant before the Court

section 22(1)(c), after "appear"


before the Court

section 22(1)(c)

therein mentioned, before such Justice as shall then be there,

mentioned in the summons

section 22(2)

and in accordance with the form in Schedule 3


section 23

Justice or the clerk

Justice or clerk

him to appear

before such Justices as shall then be there,

Judge, registrar or JP

Judge, registrar or JP

the person to appear before the Court

section 25

Justice

he may issue his

Judge

the Judge may issue a

section 26A, heading

court

courtroom

section 26A(1)

(1)     Any Justice

court room or other place where he is sitting

The Court

courtroom

sections 26A(2) and 27A(2)

whole subsection


section 27A(6)

or a Justice may, if it or he

may, if it

section 28(1)

any proceeding within the jurisdiction of Justices

the Justices

proceedings before the Court

the Court

section 28(1)(b)

Justice or other officer or


section 50, heading

laid

complaint to be made

section 50(1)

his counsel or solicitor

the complainant's legal practitioner

section 50(2)

some Special

any other

section 50(3)

any oath being made of the truth thereof

substantiation by oath

section 50(3)(a)

some Special

any other

section 50(3)(b)

Justice issues his

Court issues a

section 51(4)

the Special

any other

section 52, heading

laying information

making complaint

sections 55 and 56(1)

Special Act or other document

Act

section 57(1)

any Justice may issue his

any Justice to issue his

of Justices

a Judge, registrar or JP may issue a

a Judge, registrar or JP to issue a

of the Court

section 57(2)

the Justice

a Judge, registrar or JP

section 57(3) and (4)

whole subsection


section 57A, heading

in form of Schedule 3

issued

section 57A(1)

in the form in Schedule 3

issued under section 57(2)

section 57A(1)(c) and (2)

all words from "clerk" to "appear"

relevant registrar

section 57A(4)

counsel

the defendant's legal practitioner

section 57B(c)

all words from "as stated" to " section 57(3)"

of an offence to which section 57 applies

section 57C

all words from "the clerk" to "recorded"

a relevant registrar

section 57E(1)

all words from "clerk" to "recorded"

relevant registrar

section 57E(3)

on him

clerk of the Court so served shall

registrar must

section 57E(4)

all words from "(which" to "place)"


section 58(1)

all words from "to the" to "him"

on oath to the satisfaction of the Court

section 58(2)(a)

the commission of a simple offence

a summary offence

section 58(2)(c)

Special

other

section 58(2)

a Justice may, instead of issuing his summons, issue his

the Court may, instead of issuing a summons, issue a

section 58(3)

any Justice may issue his

, the Court may issue a

section 58(3)(b)

Justice

(what he deems)

Court

section 59, heading

Justice

Court

section 59

all words from "he shall" to "grant him"

the defendant must be brought before the Court, which must either remand the defendant into custody or grant the defendant

section 60(1)

all words from "Justice before" to "another Justice"

that Justice

Court may remand, and

the Court

section 60(2)

a Justice

the Justice
(all references)

that Justice

such Justice or Justices as shall then be there

the clerk

the Court

the Court

the Court

the Court

a registrar

section 60(3)

A Justice

he

a Justice

the Justice

The Court

the defendant

the Court

the Court

section 60(4)

whole subsection


section 60(5)

A Justice

The Court

section 60AB(a)

Court of Summary Jurisdiction

criminal jurisdiction of the Local Court

section 60AB(a)(i)

the proceeding

proceedings

section 60AC(1)

matters over which the Court has jurisdiction, except the matters

criminal proceedings in the Court, except those

section 60AC(1)(b) and (2)

201A

49 of the Local Court Act

section 60AI(4)(a)

by counsel or solicitor at the directions hearing

at the directions hearing by the defendant's legal practitioner

section 60AK(3)(b)(i)

pass sentence on

sentence

section 60AK(3)(b)(ii)

to pass sentence on

for the sentencing of

section 60AL(b)

sentencing the

the sentencing of

sections 60AM(1) and 60AN(1)(a)

a matter for

proceedings in relation to

section 60AP, heading

of complaint or information


section 60AP(1)

a matter for

proceedings in relation to

section 60AT(1)

the proceeding

criminal proceedings

section 60AT(3)

a proceeding

proceedings

sections 60AV, 60AW(4)(a) and (b), 60AZ(2)(a) and 60AZA(2)

Magistrate
( all references )

Judge

section 60AZB, heading

Magistrate

Judge

section 60AZB(2)(a)

Magistrate

Judge

section 63(1)

(1)

by his counsel or solicitor

the defendant's legal practitioner

section 63(2)

whole subsection


section 63A(1AA)

a Court (the relevant Court )

the Court

section 63A(1) and (1A)

all words from "give the" to "Court to"

apply to the Court to

section 63A(1B), after "must"


be in writing and

section 63A(2)

all words from "a clerk" to "the clerk"

an application is made under subsection (1) or (1A), the relevant registrar

section 63A(2)(a)

by the relevant Court


section 63A(3)

served
( all references )

a Justice

made

the Court

section 64

counsel or solicitors

legal practitioners

section 65, heading

or a Justice


section 65(1)

whole subsection

(1)     The hearing of a complaint may be adjourned by the Court from time to time, and at any time before it is completed.

section 65(2) and (3)

or the Justice
(all references)


section 65(4)

or any Justice

or Justice or any other Justice


section 65(5)(a)

then sitting to hear the adjourned complaint or a Justice


section 65(5)(b)

then sitting to hear the adjourned complaint


section 65(8)

sitting to hear the adjourned complaint or any Justice


section 65(12)

his counsel or solicitor

the defendant's legal practitioner

section 65(13)

he

him

of Summary Jurisdiction, or a Justice

or Justice

the defendant

the defendant

sections 65(14) and 68(2)

whole subsection


section 68(3)

of Summary Jurisdiction


section 70A(2)

the Special

any other

section 72

the clerk shall

a registrar must

section 77B

a proceeding is

proceedings are

section 101

before a Justice


section 101(a)

all words from "any treason" to "whatsoever,"

an indictable offence

section 101(b)

the Courts

a court

section 101A(1)

, whether felonies or misdemeanours,


section 101A(2)

Justice may, if he

Court may, if it

section 103

before a Justice against any person,

the Justice

his


the Court

a

section 104

before a Justice he may

issue his

a Judge, registrar or JP may issue a

section 105(1) and (2)

any Justice may issue his

the Court may issue a

section 105A

a Justice

the Court

section 105B(2)

a Magistrate

the Court

section 105B(3)(a)

Magistrate

presiding Judge

section 105B(3)(b)

Magistrate acts in his or her capacity as a Justice

presiding Judge constitutes the Court

section 105B(4)

A Magistrate

The Court

section 105C(2)(a)

a Justice

the Court

section 105C(4)

with the clerk

at the Court

section 105D(1)(c)

201A

48 of the Local Court Act

section 105G(1)

Justice conducting the preliminary examination

Court

sections 105G(3), 105H(1)(b), (2) to (5) and (7)(a), 105J(1) and (4) to (7) and 105K(4) and (6)

Justice
(all references)

Court

section 106A, heading

Magistrate

Court

section 106A(1)

all words from "before" to "defendant at"





the Magistrate

before the Court on a charge that may be heard and determined summarily under section 120, 121A or 131A, if the Court is constituted by a Judge the defendant may at

the Court

section 106A(2)(a)

whole paragraph


section 106A(2)(b)

simple offence under this Act

summary offence

section 106A(3)

Magistrate
(all references)

Court

section 109(1)

Justice then present shall

upon his

Court must

on

section 109(2)

Justice

he

Court

it

section 109(3)

Justice
(all references)

Court

section 109(3)(a)

of a minor indictable offence,

that may be heard and determined summarily under Division 2 –

section 109(3)(b)

he

the defendant

section 110(1)

A Justice proceeding

must

If the Court proceeds

it must

section 110(1)(c)(i)

Justice

Court

section 110(2)

A Justice

the Justice

The Court

the Court

section 110(3) and (4)(a)

Justice

Court

section 112(1)

Justice then present shall

Court must

section 112(2) and (3)

Justice
(all references)

he shall

Court

the Court must

section 112A(1)

Justice conducting the examination

Court

sections 112A(2) and (3) and 113(1) and (2)

Justice
(all references)

Court

section 113(4)

Any Justice

he

a Justice

him

the Justice

The Court,

the defendant

the Court

the defendant

the Court

section 113(5)

whole subsection


section 114

all words from "any" to "him"

the Court may grant the defendant

section 115

all words from "Justice who" to "other Justice"

him or any other Justice

Court

the Court

section 116(1)

Justice shall forthwith

writing under the hand of the clerk for the relevant district

recognisances of witnesses,

Court must

the relevant registrar

section 116(2)

all words from "shall cause" to "thereof"






Judge

in the Court

must deliver these documents to the proper officer of the Supreme Court, before or at the opening of the Supreme Court, on the first day of the sitting

Supreme Court Judge

section 116(3)

Justice

Court

section 122A(1)

an offence being dealt with pursuant to section 120 or 121A

Court:

a charge being heard summarily under section 120, 121A or 131A

Court, the Court:

section 122A(1)(a)

the Court


section 122A(1)(b)

the Magistrate who constituted the Court may

if it does so, must

section 122A(2)

A Magistrate who continues

The Court, in continuing

section 122A(2)(c)

Magistrate

Court

section 126

Justices constituting the Court, his

Court, the witness'

section 130A, heading

to minor offences


section 130B(1)(a)

all words from "member" to "Territory"



his

police officer in connection with criminal proceedings in the Court

the officer's

section 130B(1)(b)

Court of Summary Jurisdiction, or a clerk of the Court

a summary proceeding in the Court,

Court or a Judge, registrar or JP

criminal proceedings in the Court;

section 130B(1)

all words from "of Summary Jurisdiction may" to "property, make"

thereof

as to the Court may seem fit

may, on application by a police officer or a claimant of the property or on its own initiative, make

as the Court sees fit

section 131(1)

writing under the hand of the clerk for the relevant district

a registrar

section 131(1) and (2)

clerk

Registrar

section 134(1)

the Justice to do so, the Justice

he

, the Court

the defendant

section 134(2)

Justice

read

him

Court

the presiding Judge must read

the defendant

sections 135 and 136(1)

Justice
(all references)

Court

section 137(3)

Judge before whom

Supreme Court when

section 139

Justice shall forthwith

writing under the hand of the clerk for the relevant district

, as the case requires,

and the recognisances recognisance (if any),

Court at which the defendant is to appear for sentence

Judge who is to preside in the

relevant registrar must

the relevant registrar

and


Supreme Court

Supreme

section 141(1)

he may

Court at which he


his

any Judge presiding over the

he thinks

the defendant may

Supreme Court at which the defendant

the defendant's

the Supreme

the Court

section 142, heading

Court

the Judge advises withdrawal of the plea

Supreme Court

plea withdrawn

section 142

Court
(all references)

the presiding Judge of

he may

Supreme Court

the presiding Supreme Court Judge may

section 153, heading

Justice may take deposition

Deposition

section 153(1)

of any Justice

the Justice

of the Court

a Judge, JP or registrar

section 153(1)(c)

any Justice

the Court

section 153(2)

Justice

his

Judge, JP or registrar

the

sections 153(3) and 154(a)

Justice

Judge, JP or registrar

section 154(c)

counsel or solicitor

or her legal practitioner

section 155(2)

all words from "Judge or" to "another Justice"

Court

Part VI, heading

Court of Summary Jurisdiction

Local Court

section 162(1), before "Court"


Supreme

section 162(1A)

Court of Summary Jurisdiction

Local Court

section 162(2)

Courts below

Local Court

section 162(4)

Justices shall

Local Court must

section 163(1)

Court may

all words from "including a" to "not including"

some Special

Local Court may

other than

any other

section 163(1)(b) and (5)

Justices whose decision is appealed against

Local Court

section 163(2)

Special

other

section 163(3)

Court arising

all words from "minor" to "disposes of"

Local Court arising

charge that is heard and determined summarily

section 163(4)

a Special

any other

section 168(1)

a Special Magistrate or a Justice

all words from "the Justice" to "Justices,"

the Court

the Court,

section 170, heading

Justices

Court

section 170(1)

all words from "Justices" to "other Justice, shall"

Court will

section 170(1A)

Court

all words from "Justices" to "other Justice"

Supreme Court

Local Court

section 170(2)

proceeding

any Justice

proceedings

the Court or any person constituting the Court

section 171(1)

all words from ", by entering" to "168"


section 171(2)

one month

Judge of the

he

as he

28 days

the Supreme Court

as it

section 172(3)

all words from "clerk" to "against"

all words from "or, where" to "$3"

relevant registrar

section 174(1)

all words from "Justices" to "made"

clerk or other

Local Court

section 174(2)

proceeding

proceedings

section 175

Justices

clerk for the relevant district

proceeding

Local Court

relevant registrar

proceedings

section 176

proceeding

clerk for the relevant district

proceedings

relevant registrar

section 176A(3)(b)

solicitor

legal practitioner

section 177(1)

Justices whose decision is appealed from

Local Court

section 177(2)(d)

Court of Summary Jurisdiction

Local Court

section 179(1)

any Justice

all words from "Justices" to "modes"

the Local Court

the Local Court

sections 182 and 184

him or to


section 185(1)

(1)

all words after "evidence"

by the Court at any time after it has been signed, and before it has been executed, upon such (if any) terms as to costs, or otherwise, as the Court sees fit.

section 185(1)(a)

a Court of Summary Jurisdiction

the Court

section 185(1)(b)

any Justice,

the Court;

section 185(2)

whole subsection


section 186(1)

proceeding before Justices

Special Act,

the Special

proceedings before the Court

Act creating the offence,

that

section 186(2)

proceeding before Justices

proceedings before the Court

section 187A(1)

clerk of the relevant district or by the deputy of the clerk

relevant registrar

section 189, definition complainant

counsel or solicitor

legal practitioner

section 190(3) and (4)

proceeding

proceedings

section 190(5)

a proceeding

another proceeding

proceedings

other proceedings

section 192(1)

proceeding

proceedings

section 192(2)

a proceeding

another proceeding

proceedings

other proceedings



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