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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 148
Local
Court (Repeals and Related Amendments) Bill
2015
Mr
Elferink
A Bill for an Act to repeal various laws and amend other laws in consequence of the enactment of the Local Court Act 2015, and for related purposes
NORTHERN TERRITORY OF AUSTRALIA
LOCAL COURT (REPEALS AND RELATED AMENDMENTS) ACT 2015
____________________
Act No. [ ] of 2015
____________________
Table of provisions
1 Short
title
5 Application
of
Act
49 Complaint
60AZC Constitution
of Court to withdraw sentence indication, sentence or give later sentence
indication
120 Certain
property offences in small amount
121A Offences
that may be dealt with
summarily
124 JPs
not having jurisdiction may remand for hearing before
Judge
131A Certain
assault and harm offences may be dealt with
summarily
169 Duty
to pursue appeal
Division
4 Regulations
203 Regulations
Division
4 Transitional matters
for Local Court (Repeals and Related Amendments) Act 2015
209 Offences
that may be dealt with
summarily
1 Short
title
3 Definitions
4 Application
of
Act
14 Certain
proceedings brought by
children
36A Regulations
34 Review
by Court of bail decision made by
Court
88 Definitions
Division 2 Family matters division of Court
89 Family
matters division of
Court
3 Classification
of
offence
388 Definition
Division
9 Local Court
Act
26 Act modified
26A Modification of section 6 (Constitution of Court)
27 New Part 5, Division 1, Subdivision 3
Subdivision 3 Cross-border Judges
59A Appointment
of cross-border
Judges
38 Modification
of section 4 (Interpretation)
Part
5 Transitional matters
for Local Court (Repeals and Related Amendments) Act 2015
71 Continuation of appointment of cross-border magistrate
91B Registrar
exercises powers as delegate of
Court
48A Jurisdiction
of Local
Court
11B Property
seizure orders
11C Garnishee
orders
4B Jurisdiction
of Local
Court
122 Maximum
penalty for indictable offence dealt with
summarily
3 Proper
officer
5A Jurisdiction
of Local
Court
11A Changes
in constitution of Court during proceedings
19 Contempt of Court
20 Dealing with contempt of Court
20A Punishment
for
contempt
46 Exercise
of jurisdiction
46A Changes
in constitution of Court during
proceedings
53 Application
of other Acts
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2015
____________________
An Act to repeal various laws and amend other laws in consequence of the enactment of the Local Court Act 2015, and for related purposes
[Assented to [ ] 2015]
[Second reading [ ] 2015]
The Legislative Assembly of the Northern Territory enacts as follows:
Part
1 Preliminary
matters
1 Short
title
This Act may be cited as the Local Court (Repeals and Related Amendments) Act 2015.
This Act commences on the day fixed by the Administrator by Gazette notice.
Part
2 Amendment of Justices
Act
3 Act
amended
This Part amends the Justices Act.
Long title
repeal, insert
An Act relating to procedure for criminal proceedings in the Local Court
Section 1
repeal, insert
This Act may be cited as the Local Court (Criminal Procedure) Act.
(1) Section 4
omit
, unless the contrary intention appears
(2) Section 4, definitions clerk, Court of Summary Jurisdiction or Court, guardian, minor indictable offence, simple offence and Special Act
omit
(3) Section 4
insert (in alphabetical order)
Court means the Local Court.
courtroom means a room or other place where the Court is sitting or where a person who is participating in proceedings is located.
Court venue means a place approved under section 24 of the Local Court Act.
indictable offence, see section 3(2) of the Criminal Code.
JP means a justice of the peace appointed under section 5 of the Justices of the Peace Act.
Note for definition JP
JP does not include a Judge, registrar or other person who is a justice of the peace by reason of holding an office mentioned in Schedule 1 to the Justices of the Peace Act.
Judge means a Local Court Judge.
registrar, see section 3 of the Local Court Act.
relevant registrar, in relation to a charge, means the registrar at the place approved under section 24 of the Local Court Act at which the charge is being dealt with.
summary offence, see section 3(3) of the Criminal Code.
(4) Section 4, definition complaint, paragraph (a)
omit, insert
(a) in relation to a charge of an indictable offence that is dealt with summarily – includes the information laid in respect of the charge; and
(5) Section 4, definition defendant, paragraph (aa), after "Part VII,"
insert
Division 3
(6) Section 4, at the end
Note for section 4
The Interpretation Act contains definitions and other provisions that may be relevant to this Act.
Section 9
repeal, insert
This Act applies in relation to the Court's criminal jurisdiction (as defined in section 3 of the Local Court Act).
8 Part II, section 26, Part III, Divisions 4 to 7 and Part IV, Division 1 repealed
Part II, section 26, Part III, Divisions 4 to 7 and Part IV, Division 1
repeal
Section 49
repeal, insert
A complaint may be made to the Court in any case where a person is suspected to have committed a summary offence.
Section 53
repeal
Section 60AZC
repeal, insert
60AZC Constitution of Court to withdraw sentence indication, sentence or give later sentence indication
(1) The Court may be constituted otherwise than as required by section 60AW(4)(a) or 60AZ(2)(a) if the Judge who constituted the Court that gave the sentence indication is unable to withdraw the sentence indication or impose the sentence.
(2) The Court may be constituted otherwise than as mentioned in section 60AZB(2)(a) if the Judge who constituted the Court that gave the original sentence indication is unable to give the later sentence indication.
(2) For this section, a Judge is unable to withdraw the sentence indication, impose the sentence or give the later sentence indication if the Judge:
(a) has died or ceased to hold office; or
(b) is, by reason of illness, injury or other cause, unlikely to be able to constitute the Court within a reasonable time.
12 Sections 60A, 61, 66, 73 to 75, 107 to 108A and 117 to 119 repealed
Sections 60A, 61, 66, 73 to 75, 107 to 108A and 117 to 119
repeal
13 Part V, Division 2 heading replaced
Part V, Division 2, heading
omit, insert
Division 2 Certain indictable offences may be dealt with summarily
14 Sections 120 and 121A replaced
Sections 120 and 121A
repeal, insert
120 Certain property offences in small amount
(1) Subject to section 122A, the Court may hear and determine the charge of an indictable offence summarily if:
(a) the offence is against section 210, 219, 221, 224, 227 or 229 of the Criminal Code, or is an attempt to commit such an offence; and
(b) the value of the property involved does not exceed $50 000 or any greater amount prescribed by regulation.
(2) The jurisdiction conferred by subsection (1) may be exercised whether or not the defendant consents to its exercise.
121A Offences that may be dealt with summarily
(1) Subject to section 122A, the Court may hear and determine the charge of an indictable offence summarily if:
(a) the offence is:
(i) punishable by not more than 10 years imprisonment; or
(ii) against section 210, 213, 228, 229 or 241 of the Criminal Code and punishable by not more than 14 years imprisonment; or
(iii) an offence to which section 213(5) of the Criminal Code applies; and
(b) in the opinion of the Court, the charge is not one that the Court could, apart from this section, hear and determine summarily; and
(c) the defendant consents to it being so disposed of; and
(d) the prosecutor consents to it being so disposed of; and
(e) the Court is of the opinion that the charge should be heard and determined summarily.
(2) The Court may seek from the prosecutor and the prosecutor must give to the Court, an outline of the evidence that will be presented for the prosecution, for the purpose of enabling the Court to determine whether to hear and determine the charge summarily.
(3) A statement made by the prosecutor under subsection (2) is not admissible in evidence in a subsequent proceeding in respect of the charge.
(4) Subject to subsection (5), a person the subject of a charge that is being heard summarily under subsection (1) and who, in respect of the charge, is represented by a legal practitioner, may, at any stage of the proceedings relating to the hearing of that charge, plead guilty to that charge.
(5) The Court hearing a charge summarily under subsection (1) must not, in respect of that charge, accept a plea of guilty under and in accordance with subsection (4) from the person the subject of that charge unless the Court is of the opinion that to accept the plea of guilty is proper.
Section 124
repeal, insert
124 JPs not having jurisdiction may remand for hearing before Judge
If it appears to the Court constituted by a JP or 2 JPs that a charge against a defendant may be a charge that should be heard and determined summarily under section 120 or 121A, the Court may:
(a) remand the defendant; and
(b) adjourn the hearing to the time and place as the Court thinks fit, to be heard before the Court constituted by a Judge.
(1) Section 125(1)
omit
When a Magistrate proceeds to dispose of any case
insert
If the Court decides to hear and determine a charge summarily
(2) Section 125(2)
omit, insert
(2) The charge must then be heard and determined as if the offence were a summary offence.
Section 131A
repeal, insert
131A Certain assault and harm offences may be dealt with summarily
(1) Subject to subsection (3)(a), the Court may hear and determine the charge of an indictable offence summarily if the offence is an offence against section 186, 188(2), 188A or 189A(1) or (2)(a) of the Criminal Code.
(2) The prosecutor or the defendant may apply to the Court, before the Court exercises its jurisdiction under subsection (1), for the charge to be heard and determined by the Supreme Court.
(3) The Court may exercise the jurisdiction under subsection (1):
(a) only if the Court is of the opinion that the charge should be heard and determined summarily; and
(b) whether or not the defendant consents to its exercise.
18 Sections 138, 156 to 160 and 167 repealed
Sections 138, 156 to 160 and 167
repeal
Section 169
repeal, insert
(1) An appellant who institutes an appeal to the Supreme Court is under a duty to pursue the appeal.
(2) If the appellant has been granted bail under section 168, and the appellant does not pursue the appeal, the Local Court may revoke the appellant's bail.
20 Part VII, Division 2 repealed
Part VII, Division 2
repeal
21 Part VII, Divisions 4A and 4 replaced
Part VII, Divisions 4A and 4
repeal, insert
The Administrator may make regulations under this Act.
22 Part VIII, Division 4 inserted
After section 208
insert
Division 4 Transitional matters for Local Court (Repeals and Related Amendments) Act 2015
209 Offences that may be dealt with summarily
(1) Section 120, as amended by the amendment Act, applies in relation to offences committed after the commencement.
(2) Section 121A, as amended by the amendment Act, applies in relation to offences to which section 213(5) of the Criminal Code applies that are committed after the commencement.
(3) Sections 120 and 121A, as in force immediately before commencement, apply in relation to offences committed before the commencement.
(4) Section 131A, as amended by the amendment Act, applies in relation to offences committed before and after the commencement.
(5) In this section:
amendment Act means the Local Court (Repeals and Related Amendments) Act 2015.
commencement means the commencement of section 21 of the amendment Act.
Schedule 3
repeal
Schedule 1 has effect.
Part
3 Amendment of Local Court Act 2015 (as
amended)
25 Act
amended
This Part amends the Local Court Act (being Act No. 15 of 2015).
Section 7(5)
omit, insert
(5) The question whether a person is unable to continue is decided by the Chief Judge and the Chief Judge's decision is not liable to be challenged on any ground.
(6) In this section, a person is unable to continue if the person:
(a) dies; or
(b) vacates office and is unable to finish dealing with the proceedings under section 58(2) or 64(2); or
(c) is, by reason of illness, injury or other cause, unable to continue dealing with the proceedings without unreasonable delay.
Section 85(3)
omit, insert
(3) The person:
(a) holds the new office on the same terms and conditions (including entitlements determined under the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act) as applied in relation to the old office; and
(b) is considered to have fulfilled any preconditions required to perform the functions of the new office; and
(c) if the person's appointment to the old office was for a specified term – for the remainder of that term.
Example for subsection (3)(b)
For example, a Stipendiary Magistrate who holds the new office of Judge is considered to have taken the oath required to perform the functions of that new office.
Part
4 Amendment of Local Court Act 1989 (as
amended)
28 Act
amended
This Part amends the Local Court Act (being Act No. 31 of 1989 as amended).
Long title
repeal, insert
An Act relating to procedure for civil proceedings in the Local Court
Section 1
repeal, insert
This Act may be cited as the Local Court (Civil Procedure) Act.
31 Section 3 and Part II replaced
Section 3 and Part II
repeal, insert
In this Act:
Court means the Local Court.
proceedings means civil proceedings, as defined in section 3 of the Local Court Act.
registrar, see section 3 of the Local Court Act.
Rules, see section 3 of the Local Court Act.
This Act applies in relation to the Court's civil jurisdiction (as defined in section 3 of the Local Court Act).
Part III, heading
omit, insert
Part III Procedure in civil proceedings
Section 14
repeal, insert
14 Certain proceedings brought by children
A child may bring proceedings in the Court for the recovery of money payable to the child under a contract of service or a contract for services as if the child were an adult.
(1) Section 19(1)
omit
a proceeding
insert
proceedings
(2) Section 19(1)
omit
that proceeding
insert
the proceedings
(3) Section 19(3), (4) and (8)
omit
35 Part IV and sections 28, 28B and 30 repealed
Part IV and sections 28, 28B and 30
repeal
Section 31(2)
omit, insert
(2) This section applies even if the claim the subject of the proceedings is wholly or partly beyond the jurisdiction of the Court.
Sections 33 to 35
repeal
Section 36A
repeal, insert
The Administrator may make regulations under this Act.
Schedule 2 has effect.
Part 5 Further consequential amendments
Division
1 Assembly Members and Statutory Officers (Remuneration and Other Entitlements)
Act
40 Act
amended
This Division amends the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act.
(1) Section 2, definition statutory officer, paragraph (a)
omit, insert
(a) a Local Court Judge; or
(2) Section 2, at the end
insert
Note for section 2
The Interpretation Act contains definitions and other provisions that may be relevant to this Act.
42 Part 3, Division 1, heading amended
Part 3, Division 1, heading
omit
Magistrates
insert
Local Court Judges
Section 6
omit
Magistrates appointed under section 4(3) of the Magistrates Act
insert
Local Court Judges
Section 7(1)
omit, insert
(1) Subject to section 55(2) of the Local Court Act, the Tribunal must, at least once a year, inquire into and determine the entitlements of Local Court Judges and Local Court Judges who hold a statutory office in addition to that of Local Court Judge.
Note for subsection (1)
Section 55(2) of the Local Court Act provides that the salary, allowances and other benefits to which a Local Court Judge is entitled must not be altered to the Judge's detriment during the Judge's term of office.
Division
2 Bail
Act
45 Act
amended
This Division amends the Bail Act.
(1) Section 3(1), definitions court, Judge and justice
omit
(2) Section 3(1)
insert (in alphabetical order)
court means:
(a) the Supreme Court; or
(b) the Local Court; or
(c) the Youth Justice Court continued in existence by section 45 of the Youth Justice Act; or
(d) a Supreme Court Judge, Local Court Judge or justice of the peace not sitting as a court.
Supreme Court Judge means:
(a) a Judge of the Supreme Court; or
(b) if the Rules of Court made under the Supreme Court Act permit the Master of the Supreme Court to exercise the powers of the Supreme Court under this Act – the Master of the Supreme Court.
(3) Section 3(1), definition appeal, paragraph (a)
omit
Justices
insert
Local Court (Criminal Procedure)
(4) Section 3(1), definition conviction, paragraphs (a) to (c), after "Act"
insert
(repealed)
(5) Section 3(1), definition Supreme Court, after "a"
insert
Supreme Court
(6) Section 3(1), at the end
insert
Note for subsection (1)
The Interpretation Act contains definitions and other provisions that may be relevant to this Act.
(7) Section 3(2)(c)
omit
Justices Act to a court
insert
Local Court (Criminal Procedure) Act to the Local Court
(8) Section 3(2)(e)
omit
Court of Summary Jurisdiction
insert
Local Court
(1) Section 20, heading
omit
magistrates and justices
insert
Local Court
(2) Section 20(1)
omit, insert
(1) Subject to section 21, the Local Court may, at any time:
(a) grant bail to a person brought or appearing before the Local Court accused of an offence; or
(b) except as prescribed by the Regulations, grant bail to an appellant under Part VI, Division 2 of the Local Court (Criminal Procedure) Act.
(3) Section 20(2)
omit
a magistrate
insert
the Local Court
(4) After section 20(2)
insert
(3) The jurisdiction conferred on the Local Court under this Act is part of the Court's criminal jurisdiction.
Section 34
repeal, insert
34 Review by Court of bail decision made by Court
(1) The Local Court constituted by a Local Court Judge may review a decision in relation to bail made by the Local Court constituted by:
(a) the same Judge; or
(b) a different Judge, if the Local Court as originally constituted cannot conveniently be reconvened; or
(c) one or more justices of the peace.
(2) The Local Court constituted by one or more justices of the peace may review a decision in relation to bail made by the Court constituted by:
(a) the same justice of the peace or justices of the peace; or
(b) a different justice of the peace or different justices of the peace, if the Local Court as originally constituted cannot conveniently be reconvened.
(3) For this section, the Local Court constituted by a particular person or persons cannot conveniently be reconvened to deal with a review if the person or any one of the persons is:
(a) by reason of illness, absence or other cause, not available to deal with the proceedings when the request for review is made; and
(b) not likely to be available within 24 hours after the request is made.
Schedule 3 has effect.
Division
3 Care and Protection of Children
Act
50 Act
amended
This Division amends the Care and Protection of Children Act.
(1) Section 13, definitions child (second and third definitions), Court, Court order, Court proceedings and family matters jurisdiction
omit
(2) Section 13
insert (in alphabetical order)
Court means the Local Court.
Court order, see section 88(1).
Court proceedings, see section 88(1).
(3) Section 13, at the end
insert
Note for section 13
The Interpretation Act contains definitions and other provisions that may be relevant to this Act.
Section 63(1)
omit (all references)
magistrate
insert
Local Court Judge
Section 87(2)
omit, insert
(2) The object is to be achieved by:
(a) providing for a family matters division within the Court to hear and determine matters under this Act (see Division 2); and
(b) providing for:
(i) the Court's power to make various orders for children (see Division 4); and
(ii) procedural matters (see Divisions 3 and 5 to 7).
54 Part 2.3, Division 2 heading and sections 88 and 89 replaced
Part 2.3, Division 2, heading and sections 88 and 89
repeal, insert
In this Part:
Court order means an order made by the Court under this Act.
Court proceedings means proceedings in the Court under this Act.
Division 2 Family matters division of Court
89 Family matters division of Court
(1) There is to be a division of the Court to deal with proceedings under this Act.
(2) For dealing with proceedings under this Act, the Court must be constituted by a Local Court Judge.
Section 90(1)
omit, insert
(1) In Court proceedings, the Court must regard the best interests of the child to whom the proceedings relate as paramount.
Section 91(1)
omit
all words from "The" to "proceedings is"
insert
Court proceedings are
Section 173(1) and (2)
omit
Registrar
insert
registrar
Section 175(2) and (4)
omit
Registrar
insert
registrar
(1) Section 176, heading
omit
Registrar
insert
registrar
(2) Section 176
omit
Registrar
insert
registrar
Section 179(1) and (2)
omit
Registrar
insert
registrar
Division
4 Coroners
Act
61 Act
amended
This Division amends the Coroners Act.
Section 4(2) and (3)
omit
magistrate
insert
Local Court Judge
Section 7
omit (all references)
magistrate
insert
Local Court Judge
Section 9(2)
omit
Registrar
insert
registrar
(1) Section 35(3)
omit
must
insert
may
(2) Section 35(3)
omit
a crime
insert
an offence
Division
5 Criminal
Code
66 Criminal
Code amended
This Division amends the Criminal Code.
(1) Section 1, definitions judicial proceeding, justice of the peace and trial
omit
(2) Section 1
insert (in alphabetical order)
indictable offence, see section 3.
Judge means a Supreme Court judge.
judicial proceedings means any proceedings had or taken in or before a court, tribunal or person in which evidence may be taken on oath.
summary offence, see section 3.
trial includes proceedings upon a plea of guilty.
(3) Section 1, at the end
insert
Note for section 1
The Interpretation Act contains definitions and other provisions that may be relevant to this Act.
Section 3
repeal, insert
(1) Every offence is either an indictable offence or a summary offence.
(2) An offence is an indictable offence if:
(a) an Act states that the offence is an indictable offence; or
(b) subject to subsection (3)(a), the penalty that may be imposed on an individual for the offence includes imprisonment for a period of more than 2 years.
(3) An offence is a summary offence if:
(a) an Act states that:
(i) the offence is a summary offence; or
(ii) the offence is not an indictable offence; or
(iii) a charge of the offence must be heard and determined summarily; or
(b) the offence is not an indictable offence.
(1) Section 277(1)
omit
a crime or a simple
insert
an
(2) Section 277(2)
omit (all references)
a crime
insert
an indictable offence
(3) Section 277(3)
omit, insert
(3) If a charge of the offence attempted to be committed may be heard and determined summarily, a charge of the offence of attempting to commit the offence may also be heard and determined summarily.
(1) Section 294(1) and (2)
omit
a crime
insert
an indictable offence
(2) Section 294(2)
omit
other crime
insert
other offence
(3) Section 294(3)
omit
all words from "crime or" to "summarily"
insert
offence of such a nature that the offender may be sentenced
(4) Section 294(4)
omit, insert
(4) If a charge of the offence to which the person is an accessory may be heard and determined summarily, a charge of the offence of being an accessory to the offence may also be heard and determined with summarily.
Section 296
repeal
Section 388
repeal, insert
In this Division:
summarily-triable offence means:
(a) a summary offence; or
(b) an indictable offence a charge of which may be heard and determined summarily by the Local Court; or
(c) an offence mentioned in section 22(1) of the Misuse of Drugs Act if:
(i) the prosecution has elected under section 23(2) of that Act for the charge of the offence to be heard and determined summarily; and
(ii) the Local Court has not discontinued those summary proceedings under section 23(4) of that Act.
Section 406(7)
omit, insert
(7) If the charge of the offence of which a person is found guilty was heard and determined summarily, for the purposes of an appeal the person is taken to have been found guilty of a summary offence.
Schedule 4 has effect.
Division
6 Cross-border Justice
Act
75 Act
amended
This Division amends the Cross-border Justice Act.
(1) Section 7(1), definition magistrate
omit
(2) Section 7(1)
insert (in alphabetical order)
Local Court Judge, for the Territory, means a Local Court Judge of the Territory.
magistrate, for another participating jurisdiction, means a magistrate of the jurisdiction under its cross-border laws.
Note for definition magistrate
This definition is affected by section 10.
(3) Section 7(1), definition prescribed court, paragraph (a)
omit, insert
(a) for the Territory:
(i) for the Local Court; or
(ii) for the Youth Justice Court; or
(4) Section 7(1), definition registrar, paragraph (a)
omit, insert
(a) for the Territory:
(i) for the Local Court – a registrar as defined in section 3 of the Local Court Act; or
(ii) for the Youth Justice Court – a person who holds office as a Registrar of the Court; or
(5) Section 7(1), definition restraining orders, paragraph (a)(ii) and restraining orders laws, paragraph (a)(ii)
omit
Justices
insert
Local Court (Criminal Procedure)
(6) Section 7(1), at the end
insert
Note for subsection (1)
The Interpretation Act contains definitions and other provisions that may be relevant to this Act.
Section 67(a) to (d)
omit, insert
(a) section 24 of the Local Court Act;
(b) section 48 of the Youth Justice Act.
(1) Section 68(2)(a) and (b)
omit, insert
(a) criminal proceedings (as defined in section 3 of the Local Court Act) in the Local Court;
(2) Section 68, Examples
omit (all references)
an NT magistrate
insert
the NT Local Court
Schedule 5 has effect.
Division
7 Cross-border Justice
Regulations
80 Regulations
amended
This Division amends the Cross-border Justice Regulations.
81 Part 3, Division 2 repealed
Part 3, Division 2
repeal
Regulation 8(1)
omit
authorized
insert
authorised
Regulation 10, heading
omit
magistrates and justices
insert
Local Court
Regulation 16, modified section 22(b)
omit
of the court of summary jurisdiction
insert
in the Local Court
Regulation 19, modified section 93(3)
omit
clerk
insert
registrar
86 Part 3, Division 8, heading amended
Part 3, Division 8, heading
omit
Justices
insert
Local Court (Criminal Procedure)
Regulation 22
omit
Justices
insert
Local Court (Criminal Procedure)
Regulation 24
repeal
89 Part 3, Division 9 replaced
Part 3, Division 9
repeal, insert
This Division prescribes modifications to the Local Court Act.
26A Modification of section 6 (Constitution of Court)
After section 6(5)
insert
(6) However, for exercising its cross-border jurisdiction the Court must be constituted by a Judge.
27 New Part 5, Division 1, Subdivision 3
After section 59
insert
Subdivision 3 Cross-border Judges
59A Appointment of cross-border Judges
(1) If the Administrator is of the opinion that it is necessary to do so to facilitate the administration of justice in a cross-border region, the Administrator may appoint a magistrate of another participating jurisdiction to be a cross-border Judge.
(2) The instrument of appointment must specify:
(a) the period of the appointment; and
(b) any conditions of the appointment.
(3) The Administrator may vary a matter specified in the instrument of appointment except the period of appointment.
(4) The conditions of service (including remuneration) of a cross-border Judge are those that the cross-border Judge is entitled to as a magistrate of the other participating jurisdiction.
(5) A cross-border Judge ceases to be a cross-border Judge if the cross-border Judge ceases to be a magistrate of the other participating jurisdiction.
(6) A reference in this Act, other than sections 50, 53, 54, 55, 59 and 66, or in any other Act to a Judge (however appointed) includes a reference to a cross-border Judge.
(7) In this section:
magistrate, of another participating jurisdiction, does not include a person who holds the office of magistrate of the other jurisdiction as a secondary office holder.
Note for section 59A
A cross-border Judge is not required to take an oath of office under section 65 of the Local Court Act.
Regulation 38
repeal, insert
38 Modification of section 4 (Interpretation)
section 4(1)
insert (in alphabetical order)
justice of the peace includes a Local Court Judge of the Territory in another participating jurisdiction.
After regulation 70
insert
Part 5 Transitional matters for Local Court (Repeals and Related Amendments) Act 2015
71 Continuation of appointment of cross-border magistrate
(1) This regulation applies to a magistrate of another participating jurisdiction appointed by the Administrator to be a cross-border magistrate under section 13B of the Magistrates Act, as modified by these Regulations in force immediately before the commencement.
(2) The cross-border magistrate is taken to be a cross-border Judge under section 59A of the Local Court Act, as modified by these Regulations after the commencement.
(3) The cross-border Judge holds office:
(a) for the remainder of the period specified in the appointment mentioned in subregulation (1); and
(b) on the same conditions, if any, as applied to the appointment.
(4) In this regulation:
commencement means the commencement of the Part 5, Division 7 of the Local Court (Repeals and Related Amendments) Act 2015.
Division
8 Domestic and Family Violence
Act
92 Act
amended
This Division amends the Domestic and Family Violence Act.
(1) Section 4, definitions clerk, Court and CSJ DVO
omit
(2) Section 4
insert (in alphabetical order)
Court means the Local Court.
Judge means a Local Court Judge.
Local Court DVO, see section 28(1).
registrar, see section 3 of the Local Court Act.
(3) Section 4, definition court DVO, paragraph (a)
omit, insert
(a) a Local Court DVO; or
(4) Section 4, definition issuing authority, paragraph (a)
omit, insert
(a) for a Local Court DVO:
(i) the Court; or
(ii) a registrar deciding the application for the DVO; or
(5) Section 4, at the end
insert
Note for section 4
The Interpretation Act contains definitions and other provisions that may be relevant to this Act.
After section 91 in Chapter 2, Part 2.12
insert
91B Registrar exercises powers as delegate of Court
(1) This section applies in relation to the exercise, by a registrar, of a power under this Act to make, vary or revoke a DVO.
(2) In exercising the power the registrar is acting as a delegate of the Court.
(3) The decision of the registrar is a decision of the Court.
Schedule 6 has effect.
Division
9 Fines and Penalties (Recovery)
Act
96 Act
amended
This Division amends the Fines and Penalties (Recovery) Act.
After section 48, in Part 5, Division 3
insert
48A Jurisdiction of Local Court
The jurisdiction conferred on the Local Court under this Part is part of the Court's criminal jurisdiction.
Section 68(12)
omit, insert
(12) If a person who is served with an examination summons engages in conduct that would, if the Fines Recovery Unit were the Local Court, constitute contempt of the Court under section 45 of the Local Court Act:
(a) the Director may refer the matter to the Local Court; and
(b) the Local Court, constituted by a Local Court Judge, may deal with the matter under Part 4, Division 4 of the Local Court Act as if it were an alleged contempt referred to it under section 46(4)(b) of that Act.
Section 70(2)
omit, insert
(2) The provisions of rules under the Local Court Act prescribed by regulation apply, with any modifications prescribed by Regulation, to a property seizure order.
Section 72(3) and (4)
omit, insert
(3) The provisions of rules under the Local Court Act prescribed by regulation apply, with any modifications prescribed by the regulation, to a garnishee order.
(1) Section 74(2)
omit
(2) Section 74(3)
omit
Registrar
insert
registrar
(3) Section 74(5)
omit
all words after "costs"
insert
under section 75 of the Local Court Act as if it were a decision of a registrar exercising a delegated power.
(1) Section 78A(3)
omit
Registrar
insert
registrar
(2) Section 78A(5)
omit, insert
(5) The Local Court may review a decision of the Fines Recovery Unit in respect of enforcement costs in accordance with the provisions of rules under the Local Court Act prescribed by the Regulations, with any modifications prescribed by the Regulations.
Schedule 7 has effect.
Division
10 Fines and Penalties (Recovery)
Regulations
104 Regulations
amended
This Division amends the Fines and Penalties (Recovery) Regulations.
Regulation 8
omit
the Registrar
insert
a registrar
106 Regulations 11B and 11C inserted
After regulation 11A
insert
(1) For section 70 of the Act, the prescribed provisions are Part 44 (except rules 44.02 and 44.05(5)) of the Local Court (Civil Proceedings) Rules.
(2) Those rules apply (with the necessary changes) as if:
(a) the property seizure order were a warrant of seizure and sale; and
(b) the Territory were the judgement creditor.
(1) For section 72 of the Act, the prescribed provisions are Parts 48 (except rules 48.02 to 48.05) and 49 (except rules 49.03 and 49.07) of the Local Court (Civil Proceedings) Rules.
(2) Those rules apply (with the necessary changes) as if:
(a) the garnishee order were an attachment of earnings order or an attachment of debts order, as the case may be; and
(b) a reference to a court or Registrar were a reference to the Fines Recovery Unit; and
(c) a reference to the judgment debtor were a reference to the fine defaulter; and
(d) the Territory were the judgement creditor; and
(e) a reference to a particular form were a reference to the appropriate approved form; and
(f) the Fines Recovery Unit were required to serve the appropriate notices on an employer or a garnishee.
Schedule 5, Form 3
omit
Registrar
insert
registrar
Division
11 Fisheries
Act
108 Act
amended
This Division amends the Fisheries Act.
After section 38(1)
insert
(1A) An offence against this Act that would otherwise be an indictable offence, is a summary offence.
Section 43A
omit
Justices
insert
Local Court (Criminal Procedure)
Division
12 Interpretation
Act
111 Act
amended
This Division amends the Interpretation Act.
(1) Section 17, definitions court of summary jurisdiction, indictable offence, Judge, Justice, Local Court and magistrate
omit
(2) Section 17
insert (in alphabetical order)
Chief Judge, see section 3 of the Local Court Act.
Chief Justice, see section 9(1) of the Supreme Court Act.
indictable offence means:
(a) an offence that is an indictable offence under section 3(2) of the Criminal Code; or
(b) an act or omission committed outside the Territory that would be an indictable offence under paragraph (a) if it were committed in the Territory.
Local Court means the Local Court of the Northern Territory under the Local Court Act.
Local Court Judge, means a Judge or acting Judge as defined in section 3 of the Local Court Act.
summary offence, see section 3(3) of the Criminal Code.
Supreme Court Judge means a Judge as defined in section 9(1) of the Supreme Court Act.
(3) Section 17, definition committed for trial, paragraph (b)
omit
admitted to bail on a recognizance
insert
granted bail under the Bail Act
Section 38E
repeal
Section 70
omit
Judge, Justice of the Peace
insert
judge, justice of the peace
Division
13 Mineral Titles
Act
115 Act
amended
This Division amends the Mineral Titles Act.
(1) Section 145(1)
omit
(2) Section 145(2)
omit
(2)
After section 148(1)
insert
(2) An offence against this section is a summary offence.
(1) Section 184(3)
omit
Court of Summary Jurisdiction
insert
Local Court
(2) Section 184(3)
omit
Justices
insert
Local Court (Criminal Procedure)
Division
14 Misuse of Drugs
Act
119 Act
amended
This Division amends the Misuse of Drugs Act.
Section 3, definition magistrate
omit
(1) Section 5(1)
omit
a crime
insert
an offence
(2) Section 5(2)
omit
a crime under
insert
an offence against
(3) Section 5(3)
omit
subsection (2)
insert
subsection (1)
(1) Section 6(1) and (2)
omit
a crime
insert
an offence
(2) Section 6(2)(d)
omit
a crime under
insert
an offence against
(1) Section 7(1)
omit
a crime
insert
an offence
(2) Section 7(2)
omit
a crime under
insert
an offence against
(1) Section 8(1)
omit
a crime
insert
an offence
(2) Section 8(2)
omit
a crime under
insert
an offence against
(1) Section 9(1)
omit
a crime
insert
an offence
(2) Section 9(2)
omit
a crime under
insert
an offence against
(1) Section 11(1)
omit
a crime
insert
an offence
(2) Section 11(2)
omit
a crime under
insert
an offence against
Section 19A, definition magistrate
omit
Section 23(1) to (5)
omit, insert
(2) Despite section 121A of the Local Court (Criminal Procedure) Act, a charge mentioned in section 22 may be heard and determined summarily only if the prosecution elects for it to be so heard.
(3) Summary proceedings for an indictable offence against this Act may proceed:
(a) if the offence is one that may be heard and determined summarily; and
(b) even if 6 months have elapsed from the time when the offence was allegedly committed.
(4) If it appears to the Local Court that a charge of an offence against this Act that is being heard summarily ought to be tried by the Supreme Court, the Local Court must discontinue the summary proceedings and continue the proceedings as a preliminary examination under the Local Court (Criminal Procedure) Act.
(5) If the Court discontinues the summary proceedings under subsection (4):
(a) the plea of the defendant taken at the outset of the summary proceedings must be disregarded; and
(b) the evidence already adduced in the proceedings is taken to be evidence in the preliminary examination; and
(c) before committing the defendant for trial or sentence, the Local Court Judge must address the defendant in accordance with section 110 of the Local Court (Criminal Procedure) Act.
Section 24(2)
omit
a crime
insert
an offence
(1) Section 26(1) and (2)
omit, insert
(1) In proceedings for an offence against Part II, Division 1 the following may make an order prohibiting the publication of the whole or any part of the proceedings, or the name and address of any witness, that remains in force for the period specified in the order:
(a) the Local Court;
(b) if the defendant has been committed for trial or sentence – the Supreme Court.
(2) The application is to be heard in the presence of only such persons as the court thinks fit.
(2) Section 26(3)
omit
magistrate or Judge
insert
the court
(3) Section 26(3)
omit
he or she
insert
the court
(1) Section 27(2)
omit
(2) Section 27(3)(e)
omit
all words from "or, in the" to "another magistrate"
Schedule 8 has effect.
Division
15 Prisoners (Interstate Transfer)
Act
133 Act
amended
This Division amends the Prisoners (Interstate Transfer) Act.
After section 4, in Part I
insert
4B Jurisdiction of Local Court
(1) The jurisdiction conferred on the Local Court under this Act is part of the Court's criminal jurisdiction.
(2) For exercising its jurisdiction under this Act the Court must be constituted by a Local Court Judge.
Schedule 9 has effect.
Division
16 Sentencing
Act
136 Act
amended
This Division amends the Sentencing Act.
Section 109
repeal
Section 122
repeal, insert
122 Maximum penalty for indictable offence dealt with summarily
(1) If the Local Court hears and determines a charge of an indictable offence summarily, the court must not impose on the person found guilty of the offence a sentence of imprisonment of more than 5 years or a fine greater than 500 penalty units.
(2) Subsection (1) does not have the effect of increasing the maximum penalty for the indictable offence.
Section 125
repeal
Schedule 10 has effect.
Division
17 Sentencing
Regulations
141 Regulations
amended
This Division amends the Sentencing Regulations.
Regulation 3
repeal, insert
For section 3(1) of the Act, definition proper officer, the proper officer for the Local Court is a registrar (as defined in section 3 of the Local Court Act).
Note for regulation 3
For the Supreme Court, see rule 81A of the Supreme Court Rules.
(1) Schedule, Forms 2, 4 and 5A
omit
*Clerk of
the Court
*Sheriff or Registrar
insert
*Sheriff / Registrar of ___Court
(2) Schedule, Forms 5B and 6
omit (all references)
Judge/Magistrate
insert
Supreme Court Judge / Local Court Judge
Division
18 Serious Crime Control
Act
144 Act
amended
This Division amends the Serious Crime Control Act.
After section 5, in Part 1
insert
5A Jurisdiction of Local Court
The jurisdiction conferred on the Local Court under this Act is part of the Court's criminal jurisdiction.
Schedule 11 has effect.
Division
19 Supreme Court
Act
147 Act
amended
This Division amends the Supreme Court Act.
After section 11
insert
11A Changes in constitution of Court during proceedings
(1) If, in a criminal proceeding, the defendant pleads guilty and the proceeding is adjourned before the making of sentencing submissions commences, after that adjournment:
(a) the Court need not be constituted by the same person or persons as when the plea was entered; but
(b) the Court must then be constituted by the same person or persons until the proceedings are determined.
(2) Further, if at any stage of a proceeding the person or one of the persons who constitutes the Court is unable to continue, the Court constituted by a different person or persons may continue to deal with the proceeding.
(3) The question whether a person is unable to continue is decided by the Chief Justice and the Chief Justice's decision is not liable to be challenged on any ground.
(4) This section does not limit the circumstances in which the Court may or may not be reconstituted during a proceeding.
(5) In this section, a person is unable to continue if the person:
(a) dies; or
(b) vacates office; or
(c) is, by reason of illness, injury or other cause, unable to continue dealing with the proceeding without unreasonable delay.
Division
20 Work Health Administration
Act
149 Act
amended
This Division amends the Work Health Administration Act.
(1) Section 3, definition Chief Magistrate
omit
(2) Section 3
insert (in alphabetical order)
Judge means a Local Court Judge.
judicial registrar means a person appointed under section 23.
managing Judge means the Judge appointed under section 21.
registrar means the person appointed under section 22.
(3) Section 3, at the end
insert
Note for section 3
The Interpretation Act contains definitions and other provisions that may be relevant to this Act.
151 Sections 19 and 20 replaced
Sections 19 and 20
repeal, insert
(1) A person who has been served with a summons to attend before the Court to give evidence or to produce documents or other things commits a contempt of the Court if, without reasonable excuse, the person:
(a) does not attend as required by the summons; or
(b) does not continue to attend until released by the Court from further attendance.
(2) A person appearing before the Court as a witness commits a contempt of the Court if, without reasonable excuse, the person does not do any of the following when required by the Court to do so:
(a) take an oath;
(b) answer a question;
(c) produce a document or other thing.
(3) A person commits a contempt of the Court if:
(a) the Court has made an order requiring the person to do or not do something; and
(b) the order:
(i) was made orally to the person while the person was in the courtroom; or
(ii) has been served on the person; and
(c) the person does not comply with the order; and
(d) no other law of the Territory provides a means for punishing non-compliance with, or enforcing, the order.
(4) A person commits a contempt of the Court if, without reasonable excuse, the person fails to comply with an undertaking the person has given to the Court.
(5) A person commits a contempt of the Court if the person:
(a) wilfully prevaricates in the face of the Court; or
(b) engages in any other conduct that, under a law of the Territory, constitutes a contempt in the face of the Court.
20 Dealing with contempt of Court
(1) If it appears to the Court that a person has committed a contempt of the Court, the Court may:
(a) for a contempt in the face of the Court – orally order that the person be arrested and brought before the Court; or
(b) for any contempt:
(i) issue a warrant to have the person arrested and brought before the Court; or
(ii) issue a summons requiring the person to appear before the Court.
(2) When the person is brought or appears before the Court, the Court:
(a) must inform the person of the contempt with which the person is charged; and
(b) may deal with the person in accordance with any procedure the Court thinks fit.
(3) The Bail Act applies in relation to the person as if the person were accused of an offence and were being held in custody for that offence.
(4) The Court constituted by the registrar or a judicial registrar:
(a) cannot exercise the Court's powers under this section and section 20A; but
(b) may refer the alleged contempt to the Court constituted by a Judge.
(5) The Court constituted by a Judge may exercise those powers in relation to the alleged contempt.
(1) If the Court finds a person guilty of a contempt of the Court, it may order that the person be imprisoned for not more than 6 months or be fined not more than an amount equal to 100 penalty units.
(2) A person cannot be punished, in respect of the same conduct, for a contempt and for an offence against another Act.
(3) If the Court orders that the person be imprisoned, the Court may order that the person be discharged before the end of the term of imprisonment that was ordered.
(4) If a person who has been found guilty of a contempt apologises to the Court for the contempt, the Court may amend or cancel any order imposing punishment for the contempt, and if it does so may order the refund of all or part of any fine that has been paid.
Schedule 12 has effect.
Division
21 Youth Justice
Act
153 Act
amended
This Division amends the Youth Justice Act.
(1) Section 5(1), definitions Court, Court of Summary Jurisdiction and preliminary examination
omit
(2) Section 5(1)
insert (in alphabetical order)
Court means the Youth Justice Court as mentioned in section 45 and, if the context requires, includes the Supreme Court exercising its jurisdiction under this Act.
preliminary examination means the procedure under Part V of the Local Court (Criminal Procedure) Act relating to indictable offences.
(3) Section 5(1), at the end
insert
Note for subsection (1)
The Interpretation Act contains definitions and other provisions that may be relevant to this Act.
(4) Section 5(2) and (2A)
omit, insert
(2) In this Act, if the context requires, Local Court Judge includes a Supreme Court Judge.
Section 45(2)
omit, insert
(2) Each Local Court Judge is a Judge of the Youth Justice Court.
156 Sections 46 and 46A inserted
Section 46
repeal, insert
(1) The jurisdiction of the Youth Justice Court is exercisable by a Judge sitting alone.
(2) The Chief Judge may appoint as a Youth Judge a Local Court Judge who, in the opinion of the Chief Judge, has the knowledge, qualifications, skills and experience in the law and the social or behavioural sciences, and in dealing with youths and their families, as the Chief Judge considers appropriate.
(3) An appointment of a Local Court Judge as a Youth Judge does not affect:
(a) the terms and conditions of the Judge's appointment under the Local Court Act; or
(b) the ability of a Local Court Judge who is not a Youth Judge to exercise the jurisdiction of the Youth Justice Court.
46A Changes in constitution of Court during proceedings
(1) In particular proceedings, the Court need not be constituted by the same person or persons for the whole of the proceedings, until the taking of evidence commences.
(2) Once the taking of evidence commences, the Court must be constituted by the same person or persons until the proceedings are determined.
(3) If, in criminal proceedings, the defendant pleads guilty and the proceedings are adjourned before the making of sentencing submissions commences, after that adjournment:
(a) the Court need not be constituted by the same person as when the plea was entered; but
(b) the Court must then be constituted by the same person until the proceedings are determined.
(4) Further, if at any stage of proceedings the person who constitutes the Court is unable to continue, the Court constituted by a different person or persons may continue to deal with the proceedings.
(5) The question whether a person is unable to continue is decided by the Chief Judge and the Chief Judge's decision is not liable to be challenged on any ground.
(6) In this section, a person is unable to continue if the person:
(a) dies; or
(b) vacates office; or
(c) is, by reason of illness, injury or other cause, unable to continue dealing with the proceedings without unreasonable delay.
Section 53
repeal, insert
(1) Unless this Act makes specific provision in relation to proceedings, orders or convictions, the following applies as if the Youth Justice Court were the Local Court:
(a) the Local Court (Criminal Procedure) Act, except for Part IV, Division 2A of that Act;
(b) Part 4, Divisions 4 and 5 of the Local Court Act.
(1A) In a provision of any other Act relating to unlawful activity or alleged unlawful activity:
(a) a reference to the Local Court includes, in relation to a youth, a reference to the Youth Justice Act; and
(b) a reference to a Local Court Judge includes, in relation to a youth, a reference to a Judge of the Youth Justice Court; and
(c) a reference to a registrar of the Local Court includes, in relation to a youth, a registrar of the Youth Justice Court.
Note for subsection (1A)
Acts relating to unlawful activity or alleged unlawful activity include the Criminal Code, Bail Act and Parole Act.
(2) This Act does not affect the powers of a justice of the peace to issue a summons or warrant in relation to a youth.
(1) Section 56B(1)(c) and (5)(b)
omit
Justices
insert
Local Court (Criminal Procedure)
(2) Section 56B(2)
omit, insert
(2) If this section applies, the 2 preliminary examinations may be conducted as a joint preliminary examination by a Local Court Judge constituting, at the same time, both the Local Court and the Youth Justice Court.
(3) Section 56B(3)(a)
omit
Magistrate
insert
presiding Judge
(4) Section 56B(3)(b)
omit, insert
(b) for the charge against the adult – the presiding Judge constitutes the Local Court and must deal with the matter under the Local Court (Criminal Procedure) Act.
(5) Section 56B(4)
omit
Magistrate
insert
court
Schedule 13 has effect.
Division
22 Other
laws
160 Other
laws amended
Schedule 14 amends the laws mentioned in it.
Part
6 Repeals
161 Laws
repealed
The laws specified in Schedule 15 are repealed.
Part
7 Miscellaneous
matters
162 Transitional
regulations
(1) The Administrator may make regulations to provide for a matter of a transitional nature because of the enactment of the Local Court Act 2015 or this Act.
(2) The regulation may have retrospective operation to a day not earlier than the commencement of this section.
(3) However, to the extent to which the regulation has retrospective operation, it does not operate to the disadvantage of a person (other than the Territory or a Territory authority) by:
(a) decreasing the person's rights; or
(b) imposing liabilities on the person.
(4) This section and each regulation made under it expires 2 years after the commencement of this section.
(1) Parts 2 to 6 expire on the day after Part 5 commences.
(2) Parts 1 and 7 expire 2 years after the commencement of Part 6.
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(1)
|
in the form in Schedule 3
|
|
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 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 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 or 121A, 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 office 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
Court:
|
a charge being heard summarily under
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
|
relevant registrar must
|
|
writing under the hand of the clerk for the relevant
district
|
the relevant registrar
|
|
requires,
|
and
|
|
and the recognisances recognisance (if
any),
|
|
|
Court at which the defendant is to appear for
sentence
|
Supreme Court
|
|
Judge who is to preside in the
|
Supreme
|
section 141(1)
|
he
(all references) Court at
his
any Judge presiding over the
|
the defendant
Supreme Court at
the defendant
the Supreme
|
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
|
Schedule 2 Local Court Act further amended
section 39
Provision
|
Amendment
|
|
|
omit
|
insert
|
section 15, heading
|
Proceedings
|
Claim
|
section 15(1)
|
a proceeding
|
a claim
|
section 15(1)(a)
|
the proceeding
|
it
|
section 15(1)(b)
|
proceeding
|
proceedings
|
section 15(2)(a)
|
a proceeding
|
proceedings
|
section 15(2)(b)
|
proceeding has
|
proceedings have
|
section 16, heading
|
, &c.
|
etc.
|
section 16(1)
|
a proceeding or part of it
|
proceedings, or a matter raised in
proceedings,
|
section 16(3)(a) and (b)
|
proceeding
|
proceedings
|
section 16(4)
|
a proceeding
|
the proceedings
|
section 17
|
a proceeding
proceeding as
matter the subject of the proceeding
|
proceedings
proceedings as
proceedings
|
section 18, heading
|
proceeding
|
proceedings
|
section 18(1)
|
whole subsection
|
(1) A party to proceedings (other than an appeal)
may apply to the Court for an order that the proceedings be transferred to the
Supreme Court.
|
section 18(2)
|
proceeding
|
claim the subject of the proceedings
|
section 18(3)
|
proceeding
|
proceedings
|
section 18(4)(a)
|
proceeding in the Court is
|
proceedings in the Local Court are
|
section 18(4)(b)
|
proceeding shall be transmitted by the
Registrar
|
proceedings must be transmitted by the principal
registrar
|
section 18(4)(c)
|
proceeding
|
proceedings
|
section 20(1)
|
other than in a proceeding by way of appeal to the
Court
|
in proceedings other than an appeal
|
section 20(1)(b) and (2)
|
proceeding
|
proceedings
|
section 20(1)
|
proceeding be
|
proceedings be
|
section 22(9)
|
all words from "The" to "subsection
(8)"
|
A court convicting a person of an offence against
subsection (8) may order the person
|
section 24(1)
|
the Registrar shall
|
a registrar must
|
section 28A
|
a proceeding
the proceeding
|
proceedings
the proceedings
|
section 29, heading
|
proceeding
|
hearing
|
section 29(1)
|
all words from "the proceeding" to "a
proceeding"
|
proceedings or on its own initiative, adjourn a
hearing
|
section 29(2)
|
the hearing of a proceeding
|
a hearing
|
section 32(1)
|
a proceeding
|
proceedings
|
section 32(2)
|
all words from "a proceeding" to "fails or
is"
|
proceedings cannot conveniently be heard or proceed,
or fail or are
|
section 32(4)
|
a proceeding or
|
proceedings or an
|
after section 32(4)
|
|
(5) This section applies even if the claim the
subject of the proceedings is wholly or partly beyond the jurisdiction of the
Court.
(6) This section also applies to a law practice, as
defined in section 4 of the Legal Practitioners Act, that employs
the legal practitioner.
|
section 36(2)
|
Registrar
|
principal registrar
|
Schedule 3 Bail Act further amended
section 49
Provision
|
Amendment
|
|
|
omit
|
insert
|
section 6(e)(ii)
|
Justices
|
Local Court (Criminal Procedure)
|
section 15(b)
|
a justice
|
the Local Court
|
section 15(c)
|
all words from "committed" to "magistrate"
|
sentenced to imprisonment by the Local
Court
|
section 16(2)
|
a justice or
the justice or
|
|
section 21, heading
|
magistrates and justices
|
Local Court
|
section 21
|
by a magistrate or a justice
|
by the Local Court
|
section 22
|
a justice
the justice
|
the Local Court constituted other than by a Local
Court Judge
the Local Court
|
section 23(2), before "Judge"
|
|
Supreme Court
|
section 26(c)
|
clerk of the Court of Summary Jurisdiction
|
registrar of the Local Court
|
section 31(2)
|
a Judge, justice or magistrate
|
the court
|
section 33(1)(b) and (c), (3) and (6)
|
a magistrate or justice
|
the Local Court
|
section 33(4)
|
a magistrate or a justice
a magistrate or justice
|
the Local Court
the Local Court
|
section 33(5)
|
a magistrate or justice
magistrate or justice
|
the Local Court
Local Court
|
section 33(7)
|
magistrate or
justice
(all references) |
Local Court
|
sections 35(1), 36(4) and (5) and
36A(1)(a)
|
a magistrate or justice
|
the Local Court
|
section 36A(1)(b) and (2)
|
magistrate or justice
|
Local Court
|
section 36A(4)(a)
|
Court
magistrate or justice
|
Supreme Court
Local Court
|
section 36A(4)(b), (5) and (6)
|
Court
(all references) |
Supreme Court
|
section 37C(1)
|
a legal proceeding for
|
proceedings for a charge of
|
section 37C(2)
|
proceeding
|
proceedings
|
section 37C(3)
|
proceeding
|
charge
|
section 37D(1)
|
the legal proceeding for
|
a charge of
|
section 37D(2)
|
proceeding
|
charge
|
section 37D(3)
|
proceeding
it were a summary proceeding under the Justices
Act
|
proceedings
the offence were a summary offence
|
section 37D(4), (5), (6) and (7)
|
proceeding
(all references) |
proceedings
|
section 37D(7), before "Court"
|
|
Supreme
|
section 37D(8)
|
Court's
legal proceeding
|
Supreme Court's
charge
|
section 38(1)(b)
|
magistrate or justice
|
Local Court Judge or justice of the
peace
|
section 40(4)
|
or recognizance
|
|
section 47(3)(b)
|
all words from "Judge" to
"Jurisdiction"
|
Supreme Court Judge, Local Court Judge, justice of
the peace, registrar of the Local Court
|
section 51
|
Justices
|
Local Court (Criminal Procedure)
|
section 53(2)(b)
|
a magistrate or justice
|
the Local Court
|
Schedule 4 Criminal Code further amended
section 74
Provision
|
Amendment
|
|
|
omit
|
insert
|
section 19, heading
|
crimes
|
offences
|
section 20
|
a crime or a simple offence
|
another offence that is not a regulatory
offence
|
section 21
|
a judge or a justice of the peace
him
|
a court the court
|
section 31(3)
|
a crime defined by
|
an offence against
|
section 40(2)
|
a crime
|
an offence
|
section 43AA(3)(e)
|
crimes
|
indictable offence
|
section 43A, definition committal
proceeding
|
proceeding
Justices
|
proceedings
Local Court (Criminal Procedure)
|
section 43M(1)
|
a committal proceeding
|
committal proceedings
|
section 43M(1)(a)
|
proceeding
|
proceedings
|
section 43M(1)(b)
|
proceeding is
|
proceedings are
|
section 43M(1)(b) and (2)
|
Justices
|
Local Court (Criminal Procedure)
|
sections 65, 69, 70 and 71(1)
|
a crime
|
an offence
|
section 71(2)
|
crime
|
offence
|
section 72, definition act of piracy,
paragraph (b)
|
a crime defined by
or referred to in section 251(3) or
(4)
|
an offence against
|
sections 73, 74, 75, 76(1), 77, 78, 79(1), 80(1),
81, 82(1) and 83 to 88
|
a crime
(all references) |
an offence
|
section 89(1)
|
any of the crimes defined by
|
an offence against
|
sections 89(3), 90, 91, 92 and 93(1)
|
a crime
|
an offence
|
section 93(2)
|
a judicial proceeding
|
judicial proceedings
|
section 93(3)
|
for any of the crimes defined by
|
of an offence against
|
section 94
|
a crime
|
an offence
|
section 95(a), (b) and (c)
|
proceeding
(all references) |
proceedings
|
section 95
|
a crime
|
an offence
|
section 96(1)
|
judicial proceeding
(all references) that
proceeding
(all references) a crime
|
judicial proceedings the proceedings an offence
|
section 96(5) and (6)
|
proceeding
|
proceedings
|
section 97(1)
|
a crime
|
an offence
|
section 97(2)
|
the crime
a crime
|
the offence
an offence
|
sections 99, 100 and 101
|
proceeding
(all references) a crime
|
proceedings an offence
|
section 102
|
a judicial proceeding
a crime
|
judicial proceedings
an offence
|
section 103
|
a crime
|
an offence
|
section 104, heading
|
crimes
|
indictable offences
|
section 104(1)
|
conceal a crime
for a crime
of a crime
|
conceal an indictable offence
for an indictable offence
of an offence
|
section 104(2)
|
crime
|
indictable offence
|
sections 105 to 109
|
a crime
|
an offence
|
section 110
|
the crime
a crime
|
the offence
an offence
|
section 111
|
a crime
|
an offence
|
section 112(2)
|
all words after "arrested"
|
or convicted:
(a) is an indictable offence – the person is
liable to imprisonment for 3 years; or
(b) is a summary offence – the person is
liable to imprisonment for one year.
|
section 112(2AA)
|
guilty of a crime and is
|
|
sections 113 to 119
|
a crime
|
an offence
|
section 120
|
any of the crimes defined by
|
an offence against
|
sections 121 to 125 and 125B(1)
|
a crime
|
an offence
|
section 125B(6)(a) and (b)
|
crime
|
offence
|
sections 125E and 127(1)
|
a crime
|
an offence
|
section 127(2)
|
crime
|
offence
|
section 127(4)
|
a crime defined by
|
an offence against
|
section 128(1)
|
a crime
|
an offence
|
section 128(4)
|
a crime defined by
|
an offence against
|
section 130(2) and (3A)
|
a crime
|
an offence
|
section 130(3) and (3C)
|
a crime defined by
|
an offence against
|
section 130(3)(a)
|
crime
|
offence
|
section 131(1)
|
a crime
|
an offence
|
section 131(3)
|
a crime defined by
|
an offence against
|
section 131A(1)
|
defined by
|
against
|
section 131A(2)
|
a crime
|
an offence
|
section 131A(3)
|
the crime defined by
|
an offence against
|
section 131A(6)
|
a crime defined by
|
an offence against
|
section 131A(7) and (8)
|
defined by
|
against
|
section 132(2)
|
a crime
|
an offence
|
section 132(5)
|
a crime defined by
|
an offence against
|
sections 133 and 134(1)
|
a crime
|
an offence
|
section 134(4)
|
the crime defined by
|
an offence against
|
section 138
|
a crime
|
an offence
|
section 139
|
the crimes defined by
|
an offence against
|
section 139A, heading
|
crime defined by
|
offence against
|
section 139A
|
a crime defined by a section in
the crime
(all references) |
an offence against the offence
|
sections 140, 148 and 148B to 148D
|
a crime
|
an offence
|
section 149C
|
an offence under
|
|
sections 155 and 155A(1)
|
a crime
|
an offence
|
sections 156(1) and (2), 157(1) and (3), 160, 161
and 161A(1), (3) and (4)
|
crime
|
offence
|
sections 165 and 166(1)
|
a crime
|
an offence
|
section 166(2)
|
a crime defined by
|
an offence against
|
section 170
|
a crime
|
an offence
|
section 174B(4)
|
under
|
against
|
sections 174C, 174D, 174E, 174F(1) and (2) and
174FA(1)
|
a crime
|
an offence
|
sections 175 and 176, heading
|
crime
|
indictable offence
|
sections 175 and 176
|
a crime,
(all references) a crime and
|
an indictable offence, an offence and
|
sections 177 to 180A(1) and 181 to
185(1)
|
a crime
|
an offence
|
section 186
|
a crime
or, upon being found guilty summarily, to
imprisonment for 2 years
|
an offence
|
sections 186B(1) and 186C(1)
|
a crime
|
an offence
|
section 186D
|
a crime defined by
|
an offence against
|
section 188(2)
|
a crime
or, upon being found guilty summarily, to
imprisonment for 2 years
|
an offence
|
section 188(3)
|
the crime defined by
crime.
|
an offence against
offence.
|
section 188A(1)
|
a crime
|
an offence
|
section 189A(1)
|
a crime
or, upon being found guilty summarily, to
imprisonment for 2 years
|
an offence
|
section 189A(2)(a)
|
or, upon being found guilty summarily, to
imprisonment for 3 years
|
|
section 190, heading
|
or magistrates
|
|
section 190
|
or a magistrate
a crime
|
an offence
|
sections 191 and 192(3) and (4)
|
a crime
|
an offence
|
section 192(5), (6), (7) and (8)
|
the crime defined by
|
an offence against
|
section 192A
|
judge
|
Judge
|
sections 192B(2), 193 and 194(1)
|
a crime
|
an offence
|
section 194(2)
|
crime
|
offence
|
sections 195 and 196(1)
|
a crime
|
an offence
|
section 196(3)
|
defined by
|
against
|
sections 197 to 202(1), 202B(1) to (3), 202C(1) to
(3) and 202D(1)
|
a crime
|
an offence
|
section 202E
|
a crime referred to in
the crime
|
an offence against
the offence
|
section 204(g)
|
proceeding,
|
proceedings;
|
sections 204 and 205
|
a crime
|
an offence
|
sections 206, 207 and 208
|
a crime defined by
|
an offence against
|
sections 210(1), 211(1) and 212(1)
|
a crime
|
an offence
|
section 213(2)
|
simple offence
guilty of a simple offence and is
|
summary offence
|
section 213(3)
|
a crime
is guilty of a crime and
|
an indictable offence
|
section 213(4)
|
other crime
is guilty of a crime and
|
other indictable offence
|
section 213(5)
|
hereinbefore defined
|
against this section
|
section 213(6)
|
defined by
|
against
|
section 214(1)
|
a simple offence or crime
which
simple
|
an offence
whether it is a summary offence or an indictable offence summary
|
section 214(2)
|
a crime
(all references) |
an indictable offence
|
section 214(3)
|
a simple offence or crime
|
an offence
|
sections 215, 216(1), 217, 218(2), 219(1) and 220 to
224
|
a crime
|
an offence
|
sections 225 and 226
|
a crime,
a crime
|
an indictable offence,
an offence
|
section 226A(2)(b)(ii)
|
crime
|
offence
|
section 226B(1) and (2)
|
a crime
|
an offence
|
section 226B(3)
|
a crime referred to in
|
an offence against
|
sections 227(1), (3) and (4) and 228(1)
|
a crime
|
an offence
|
section 228(2)
|
a crime defined by
|
an offence against
|
Part VII, Division 2A, note, after
"Court"
(all references) |
|
(Civil Procedure)
|
section 228C(1)(c)
|
a crime
(all references) |
an offence
|
section 228C(2)(a)
|
crime
|
offence
|
section 228D(1)(c)
|
a crime
(all references) |
an offence
|
section 228D(2)(a)
|
crime
|
offence
|
section 228E(1)(c)
|
a crime
(all references) |
an offence
|
section 228E(2)
|
crime
|
offence
|
section 229(1)
|
a crime
(all references) a crime.
|
an indictable offence an offence.
|
section 229(2)(d)
|
a crime defined by
|
an offence against
|
section 229(2)
|
a crime within the meaning of
|
an offence against
|
section 230
|
a crime
(all references) |
an indictable offence
|
section 231, heading
|
a crime
|
indictable offence
|
section 231
|
of a crime
constituted a crime
guilty of a crime
|
of an indictable offence
constituted an indictable offence
guilty of an offence
|
section 231B(1)
|
a crime
|
an offence
|
section 231B(2)(b)
|
crime
|
offence
|
section 231C(1)
|
a crime
|
an offence
|
section 231C(3)(b)
|
crime
|
offence
|
section 231D, heading
|
Summary offence
|
Dealing with suspicious property
|
section 231E
|
under
|
against
|
section 232(1)
|
a crime
|
an offence
|
section 232(2)
|
under
a crime
or judge
|
against
an offence
|
sections 233, 234(1), 235(1) and (2), 236, 237,
237H, 237J(1), (2) and (3), 237K(1), 237L(1), 241(1) and (2) and 242(1), (2) and
(3)
|
a crime
|
an offence
|
section 242(2), note
|
crime
|
offence
|
section 243(1) to (3)
|
a crime
|
an offence
|
section 243(2), note
|
crime
|
offence
|
sections 244(1) and 246(1) and (2)
|
a crime
|
an offence
|
section 246(2), note
|
crime
|
offence
|
sections 247 and 258
|
a crime
|
an offence
|
section 259
|
the crime
a crime
|
the offence
an offence
|
sections 260 to 271, 272(1) and 273 to
275
|
a crime
|
an offence
|
section 276(2)
|
under
|
against
|
sections 276B(1) and (2), 276C(1), 276D and 276E(1)
and (2)
|
a crime
|
an offence
|
section 276F
|
a crime under
|
an offence against
|
section 278(1)
|
a crime
|
an indictable offence
|
section 278(2)
|
a crime of any other kind or a simple
crime or simple
|
any other
|
section 281, heading
|
crimes
|
indictable offence
|
section 281
|
any crime is guilty of a crime
|
an indictable offence is guilty of an
offence
|
section 282, heading
|
crimes
|
indictable offence
|
section 282
|
any crime
be a crime
of a crime
the crime
|
an indictable offence
be an indictable offence
of an offence
the offence
|
section 283, heading
|
simple offences
|
summary offence
|
section 283
|
simple
a crime
|
summary
an offence
|
sections 284, 285(1), 286, 288 and 289
|
a crime
|
an offence
|
section 293
|
crime
|
offence
|
section 295
|
the trial of offenders
|
hearing and determining charges of
offences
|
section 297(1)
|
judge thereof
|
Judge
|
section 297A(1)
|
a crime
|
an indictable offence
|
section 298(1)
|
a crime
the crime
|
an indictable offence
the offence
|
section 299
|
a crime
|
an indictable offence
|
section 301(1)
|
a justice of the peace
|
the Local Court
|
section 301(2)
|
justice of the peace before whom he is brought
|
Local Court
|
section 308(1)
|
a crime
(all references) |
an indictable offence
|
section 314, heading
|
whole heading
|
314 Application to complaints if charge heard and
determined summarily
|
section 314
|
all words from "upon" to "crime"
|
, the charges against whom are heard and determined
summarily
|
section 316(2)
|
the offence defined by
|
an offence against
|
section 317
|
crime
|
offence
|
section 318
|
crime
defined by
|
offence
against
|
section 319(1)
|
a crime defined by
all words from "crime also" to
"charged"
|
an offence against
offence against the same section
|
section 319(2)
|
a crime defined by
|
an offence against
|
section 319(2)(a)
|
crime
|
offence
|
section 319(2)(b)
|
a crime defined by
a crime
|
an offence against
an offence
|
section 320(1) and (2)
|
a crime
|
an offence
|
section 326(2)
|
judge
|
Judge
|
section 327
|
a crime
punishable on being found guilty
|
an offence
a charge of which may be heard and determined
|
section 328
|
a crime defined by section 225 or any simple
|
an offence against section 225 or any
summary
|
section 329
|
a crime
(all references) crime or crimes
|
an indictable offence offence or offences
|
section 336(3)
|
judges
|
Judges
|
section 344(1)
|
a crime
the crime
|
an indictable offence
the offence
|
section 344(2)
|
justice of the peace
crime
|
Local Court
offence
|
section 372, heading
|
judge
|
Judge
|
section 372(1), (2)(a), (4) and (6)
|
judge
(all references) |
Judge
|
section 372(4)
|
judge
|
Judge
|
section 374
|
all words from "proceeding" to "its"
|
proceedings of the court are not invalid by reason
of their
|
section 376
|
a crime
|
an indictable offence
|
section 377(1)
|
a crime defined by
|
an offence against
|
section 377(1)(a) and (c)
|
crime
|
offence
|
section 379(3)
|
justices of the peace dealing summarily with a crime
|
the Local Court to hear and determine the charge of
an indictable offence summarily
|
Part IX, Division 7, heading
|
summary
|
summarily-triable
|
section 389, heading
|
summary
|
summarily-triable
|
section 389(1) to (5)
|
summary offence
|
summarily-triable offence
|
section 389(4)
|
court of summary jurisdiction
(all references) |
Local Court
|
section 389(5)
|
clerk of the court of summary jurisdiction
|
registrar of the Local Court
|
section 390, heading
|
summary
|
summarily-triable
|
section 390(1)(b)
|
summary offence
|
summarily-triable offence
|
section 390(2)
|
summary offence
clerk of the court of summary jurisdiction
|
summarily-triable offence
registrar of the Local Court
|
section 390(4)
|
clerk
|
registrar of the Local Court
|
section 390(4)(b)
|
court of summary jurisdiction
|
Local Court
|
section 391, heading
|
court of summary jurisdiction
|
Local Court
|
section 391(1)
|
summary
|
summarily-triable
|
section 391(2)
|
court of summary jurisdiction and
clerk of the court of summary jurisdiction
|
Local Court and registrar of the Local Court
|
section 407(1) and (3)
|
judges
(all references) |
Judges
|
sections 407(3), 408(3) and (4), 409(4) and
410(b)
|
judge
|
Judge
|
section 412(1)
|
a crime
the crime
|
an indictable offence
the offence
|
section 414(1)(c)
|
a crime whether dealt with on indictment or
summarily
|
an indictable offence
|
section 418
|
judge
|
Judge
|
section 428(2)
|
judge thereof
|
Judge
|
section 429, heading
|
judge
|
Judge
|
section 429(1)
|
judge of the Court
|
Judge
|
section 429(2)
|
judge
|
Judge
|
section 430(1) and (2)
|
Judge thereof
judge
|
Judge
Judge
|
section 430(3)
|
judge thereof
|
Judge
|
section 433A(1)
|
a crime or
|
|
section 433A(6)(a)(i)
|
a proceeding
|
proceedings
|
section 435(1) and (2)
|
justices of the peace
|
the Local Court
|
section 435A, heading
|
Treason, felony or other offences
|
Offences
|
section 435A
|
treason, a felony or other offences
|
an offence
|
section 437
|
a crime
proceeding
|
an offence
proceedings
|
section 438(2)
|
judge
|
Judge
|
section 439
|
any crime
|
an indictable offence
|
section 443(1)
|
Justice
|
justice of the peace
|
Schedule 5 Cross-border Justice Act further amended
section 79
Provision
|
Amendment
|
|
|
omit
|
insert
|
section 5(2)(a) and (b)
|
magistrates
|
Local Court Judges
|
section 33(2)
|
magistrate
(all references) |
Local Court Judge
|
section 33, examples 1 to 3
|
magistrate
(all references) |
Local Court Judge
|
section 35(4)
|
magistrate
(all references) |
Local Court Judge
|
section 35, examples 1 to 3
|
magistrate
(all references) |
Local Court Judge
|
section 69(3)
|
magistrate
|
Local Court Judge
|
section 80
|
Court of Summary Jurisdiction
|
Local Court
|
section 80, example 1
|
in WA
|
in SA
|
section 80, examples 1 and 2
|
Court of Summary Jurisdiction
|
Local Court
|
section 81
|
Court of Summary Jurisdiction
|
Local Court
|
section 81, examples 1 and 2
|
Court of Summary Jurisdiction
|
Local Court
|
section 85(1)
|
Judge of the Supreme Court
|
Supreme Court Judge
|
sections 90 and 91, example 1
|
An NT magistrate
|
The NT Local Court
|
Part 13, Division 2, heading
|
to be magistrates
|
to be Local Court Judges
|
section 132, heading
|
magistrates
|
Local Court Judges
|
section 132
|
The Magistrates Act magistrates
(second reference) |
Part 5 of the Local Court Act
Local Court Judges
|
Schedule 6 Domestic and Family Violence Act further amended
section 95
Provision
|
Amendment
|
|
|
omit
|
insert
|
Part 2.4, heading
|
Court of Summary Jurisdiction
|
Local Court
|
section 28(1)
|
CSJ
|
Local Court
|
sections 29(1) and (2)(c) and 30
|
CSJ
|
Local Court
|
section 31
|
clerk
|
registrar
|
section 32(1)
|
CSJ
|
Local Court
|
section 33, heading
|
clerk
|
registrar
|
section 33(1) and (2)
|
clerk
CSJ
|
registrar
Local Court
|
section 33(1), note
|
Note
clerk
|
Note for subsection (1)
registrar
|
section 33(2)
|
by the Chief Magistrate under the
Justices
|
under the Local Court
|
section 34(1)
|
CSJ
|
Local Court
|
section 34(1)(a), (2) and (4)
|
clerk
|
registrar
|
section 35(1) and (3)(b) and (c)
|
CSJ
(all references) |
Local Court
|
section 36
|
CSJ
clerk
|
Local Court
registrar
|
section 37(b)
|
CSJ
|
Local Court
|
section 38(1)
|
clerk
|
registrar
|
section 39, heading
|
clerk
|
registrar
|
sections 39(1) and (3) and 40
|
clerk
(all references) |
registrar
|
section 40, note
|
clerk
|
registrar
|
sections 41(1)(a)(ii) and (b) and 45(1)
|
CSJ
|
Local Court
|
sections 50, 54, 55(b), 56(1) and (2), 57(1)(a), (2)
and (4), 58 and 61
|
clerk
|
registrar
|
section 62, heading
|
clerk
|
registrar
|
sections 62(1) and (3) and 63
|
clerk
(all references) |
registrar
|
section 63, note
|
clerk
|
registrar
|
sections 65(1) and (1A), 66(2)(b) and 67(1) to
(3)
|
magistrate
|
Judge
|
section 68, heading
|
magistrate
|
Judge
|
section 68
|
magistrate
(all references) |
Judge
|
section 69, heading
|
magistrate
|
Judge
|
sections 69(1), (2) and (4) and
70(1)(a)
|
magistrate
|
Judge
|
section 70(1)(b)(i)
|
magistrate's
|
Judge's
|
sections 71, 72, 73(3), 74(1) to (3), 75 and
76
|
magistrate
(all references) |
Judge
|
section 77, heading
|
magistrate
|
Judge
|
sections 77 and 78(1)
|
magistrate
(all references) |
Judge
|
section 78(1)(b)(i)
|
magistrate's
|
Judge's
|
section 79
|
magistrate
|
Judge
|
section 83
|
clerk
|
registrar
|
section 88(1)
|
the clerk
|
a registrar
|
section 88, example
|
clerk
(all references) CSJ
|
registrar
Local Court
|
sections 94(1) and (3) and 95(1) and
(2)
|
clerk
|
registrar
|
section 100
|
The clerk
|
A registrar
|
sections 110(2), 111(2) and 113(c)(iii)
|
magistrate
|
Judge
|
section 116
|
Court or magistrate
|
issuing authority
|
section 117(1)
|
clerk
|
registrar
|
section 119(d)
|
magistrate
|
Judge
|
section 126(1)
|
Magistrate
|
Judge
|
Schedule 7 Fines and Penalties (Recovery) Act further amended
section 102
Provision
|
Amendment
|
|
|
omit
|
insert
|
section 3(1)(a)(ii)
|
and recognizances
|
|
section 3(2)
|
Justices
|
Local Court (Criminal Procedure)
|
section 5, definition
Registrar
|
whole definition
|
|
section 5, at the end
|
|
Note for section 5
The Interpretation Act contains definitions and
other provisions that may be relevant to this Act.
|
section 24(1)
|
The Registrar
|
A registrar
|
section 29(3)
|
Registrar
|
registrar
|
sections 45(2)(a)(i) and (ii) and (b)(iii) and (3)
and 46(1) and (3) to (6)
|
Court of Summary Jurisdiction
|
Local Court
|
section 46(2)
|
The Registrar of the Court of Summary
Jurisdiction
|
A registrar the Local Court
|
sections 47(3)(b) and 48(1)
|
Court of Summary Jurisdiction
(all references) |
Local Court
|
section 71(3) and (4), after "justice"
|
|
of the peace
|
sections 100, definition relevant officer
and 103(2)
|
the Registrar
|
a registrar
|
section 107(1)
|
all words after "judgment"
|
of the Local Court for the payment of that
amount.
|
section 107(3)
|
Court of Summary Jurisdiction
|
Local Court in the exercise of its criminal
jurisdiction
|
Part 8, heading
|
or recognizances
|
|
section 108, definition forfeited
recognizance
|
whole definition
|
|
section 109(1)
|
or forfeited recognizance
|
|
section 113(1)(i)(i)
|
or recognizance
|
|
section 114(1)(b)
|
Registrars
|
registrars
|
Schedule 8 Misuse of Drugs Act further amended
section 132
Provision
|
Amendment
|
|
|
omit
|
insert
|
section 10
|
under
|
against
|
section 11J(1)
|
magistrate
|
Local Court Judge
|
sections 11J(6) and 11P(6), after
"Court"
|
|
(Civil Procedure)
|
section 11T(2), (4), (5), (6) and (8)
|
court of summary jurisdiction
|
Local Court
|
section 11T, at the end
|
|
(9) The jurisdiction conferred on the Local Court
under this section is part of the Court's criminal
jurisdiction.
|
section 19E, heading
|
magistrate
|
Local Court
|
section 19E(1)
|
a magistrate
magistrate,
|
the Local Court
Local Court,
|
section 19E(2), (3) and (4)
|
magistrate
(all references) |
Local Court
|
section 19F
|
a magistrate
|
the Local Court
|
section 19F(n)
|
, in the opinion of the magistrate,
|
the Local Court considers
|
section 19G(1)
|
A magistrate
|
The Local Court
|
section 19G(1)(b)
|
, in the opinion of the magistrate,
|
the Local Court considers that
|
section 19H
|
a magistrate
the magistrate
|
the Local Court
the Local Court
|
section 19J(1)
|
a magistrate may have specified
|
the Local Court specifies
|
section 19J(2)
|
A magistrate
|
The Local Court
|
section 19K(1)
|
a magistrate
|
the Local Court
|
section 19M(1) and (2)
|
magistrate
(all references) |
Local Court
|
section 19R(a)
|
a magistrate
|
the Local Court
|
section 19R(b)
|
magistrate
|
Local Court
|
section 19S(1) and (2)
|
magistrate
(all references) |
Local Court Judge
|
section 34(11)
|
Judge or magistrate
|
Supreme Court Judge or Local Court
Judge
|
section 35(4)
|
Court of Summary Jurisdiction
Justices
|
Local Court Local Court (Criminal Procedure)
|
section 35A(1) and (2)
|
judge of the Supreme Court
|
Supreme Court Judge
|
section 36A(6)(a) to (d)
|
offence under
|
offence against
|
section 41
|
a magistrate or a jury
|
the trier of fact
|
Schedule 9 Prisoners (Interstate Transfer) Act further amended
section 135
Provision
|
Amendment
|
|
|
omit
|
insert
|
section 3(1), definitions court of petty
sessions and justice
|
whole definition
|
|
section 3(1), definition default
imprisonment, paragraph (a)
|
, judge or justice
|
|
section 3(1), at the end
|
|
Note for subsection (1)
The Interpretation Act contains definitions and
other provisions that may be relevant to this Act.
|
section 3(2), after "justice"
|
|
of the peace
|
section 12, heading
|
court of petty sessions
|
Local Court
|
section 12(1)
|
A court of petty sessions
the court of petty sessions
|
The Local Court the Local Court at the place
|
section 13
|
all words from "The" to "shall:"
|
When the prisoner is brought before it, the Local
Court must:
|
section 14, heading
|
court of petty sessions
|
Local Court
|
section 14(1) and (4)
|
court of petty sessions
|
Local Court
|
section 26(5)(a)(ii)
|
or magistrate
|
|
section 30(2)
|
a justice
the justice
|
the Local Court
the Local Court
|
section 32
|
A court of petty sessions
|
The Local Court
|
Schedule 10 Sentencing Act further amended
section 140
Provision
|
Amendment
|
|
|
omit
|
insert
|
section 3(1), definition
registrar
|
clerk or the judicial registrar of the Court of
Summary Jurisdiction
|
registrar of the Local Court
|
section 3(1), at the end
|
|
Note for subsection (1)
The Interpretation Act contains definitions and
other provisions that may be relevant to this Act.
|
section 5(2)(ha)
|
Justices
|
Local Court (Criminal Procedure)
|
section 14(4)(b)(ii)
|
Court of Summary Jurisdiction
|
Local Court
|
section 15(2)(b)
|
Justice
(all references) |
justice of the peace
|
section 15(3B) and (3C)
|
Court of Summary Jurisdiction
(all references) |
Local Court
|
sections 39(2) and 39M(1) and (2)
|
Justice
(all references) |
justice of the peace
|
section 42(4)(b)(ii)
|
Court of Summary Jurisdiction
|
Local Court
|
section 43(3)(b)
|
a Justice
the Justice
|
the court
the court
|
section 43(4C), (4D) and (4E)
|
Court of Summary Jurisdiction
(all references) |
Local Court
|
sections 48(2) and 48K(1) and (2)
|
Justice
(all references) |
justice of the peace
|
section 53A, heading
|
crime
|
offence
|
sections 53A(1) and (12), definition unlawful
homicide and 56(4)
|
crime
|
offence
|
section 65(1)
|
a crime
|
an offence
|
section 78K(4)
|
crime
|
offence
|
section 78N(2)
|
Justice
(all references) |
justice of the peace
|
section 85(3)(b)(ii)
|
Court of Summary Jurisdiction
|
Local Court
|
section 97AB(1)(b), after
"Court"
|
|
(Civil Procedure)
|
section 107(3A)
|
court of summary jurisdiction
|
Local Court
|
section 108A(1)(a)
|
Court of Summary Jurisdiction
|
Local Court
|
section 108A(1)(b)
|
magistrate
(all references) |
Court
|
section 108A(2)
|
magistrate the magistrate would have
|
person constituting the Court
would have been
|
section 108A(3)
|
a magistrate
|
the person
|
section 111(1)(b)
|
Court of Summary Jurisdiction
|
Local Court
|
section 114(5) and (6)
|
Justice
(all references) |
justice of the peace
|
section 114(7)
|
a magistrate and the magistrate
|
the Local Court and the Local Court
|
section 114(8)
|
all words from "a magistrate" to "her"
the magistrate may
|
the Local Court and, if the Local Court is satisfied
that the person
the Local Court may
|
section 114(9)
|
a magistrate
the
magistrate
(all references) |
the Local Court
the Local Court
|
section 114(10)
|
magistrate
|
Local Court
|
section 114(11)
|
a magistrate
|
the Local Court
|
section 114(12)
|
Justices
|
Local Court (Criminal Procedure)
|
sections 115(5) to (8) and (10) and 123A(1)(a) and
(b)
|
Court of Summary Jurisdiction
|
Local Court
|
section 123A(2)(b)
|
magistrate
|
Court
|
section 128(2)(d)
|
$2,000
|
100 penalty units
|
Schedule 2, sections 175 and 176
|
crime
|
indictable offence
|
Schedule 2, section 190
|
or magistrates
|
|
Schedule 11 Serious Crime Control Act further amended
section 146
Provision
|
Amendment
|
|
|
omit
|
insert
|
section 6, definition Court of Summary
Jurisdiction
|
whole definition
|
|
section 6, definition registrar,
paragraph (b)
|
Court of Summary Jurisdiction – a Registrar
|
Local Court – a registrar
|
section 6, at the end
|
|
Note for section 6
The Interpretation Act contains definitions and
other provisions that may be relevant to this Act.
|
section 10(2)(a)
|
Court of Summary Jurisdiction
|
Local Court
|
section 49, heading
|
Court of Summary Jurisdiction
|
Local Court
|
section 49(1) and (3)
|
Court of Summary Jurisdiction
|
Local Court
|
section 50(1)
|
Court of Summary Jurisdiction
magistrate
(all references) |
Local Court
Local Court Judge
|
section 50(2) to (8)
|
magistrate
(all references) |
Judge
|
section 50(5)(a) and (8)(b)(ii)
|
Court of Summary Jurisdiction
|
Local Court
|
section 50(9)
|
magistrate
Court of Summary Jurisdiction
|
Judge
Local Court
|
section 51(2)
|
Court of Summary Jurisdiction
|
Local Court
|
section 51(5)
|
Justices
|
Local Court (Criminal Procedure)
|
sections 52(1), (3) and (4) and 59(1)
|
Court of Summary Jurisdiction
|
Local Court
|
section 60, heading
|
Court of Summary Jurisdiction
|
Local Court
|
section 60(1)
|
Court of Summary Jurisdiction
|
Local Court
|
section 60(3)
|
Court of Summary Jurisdiction
Justices
|
Local Court
Local Court (Criminal Procedure)
|
sections 61(1)(d) and 63(1)
|
Court of Summary Jurisdiction
|
Local Court
|
section 63(5)
|
Justices
|
Local Court (Criminal Procedure)
|
section 64(1) and (3) to (5)
|
Court of Summary Jurisdiction
|
Local Court
|
section 64(2)
|
Court of Summary Jurisdiction
magistrate or Justices
|
Local Court
Local Court Judge or justices of the peace
|
sections 67(1)(a)(ii), 70(1) and 73(1)(g) and (i) to
(k)
|
Court of Summary Jurisdiction
|
Local Court
|
section 73(1)(f) and (h)
|
Court of Summary Jurisdiction
magistrate
|
Local Court
Local Court Judge
|
section 73(7), definition
court
|
magistrate, the Court of Summary Jurisdiction
|
Local Court Judge, the Local Court
|
section 79(1)(b)
|
Court of Summary Jurisdiction
|
Local Court
|
section 85(7), definition former judicial
officer, paragraph (a), after "a"
|
|
Supreme Court
|
Schedule 12 Work Health Administration Act further amended
section 152
Provision
|
Amendment
|
|
|
omit
|
insert
|
section 13(a)
|
magistrate
|
Judge
|
section 15(1)
|
Act court.
|
Act and Local Court (Civil Procedure)
Act
court in its civil jurisdiction.
|
section 18(4)
|
the Clerk
|
a registrar
|
Part 3, Division 2, heading
|
magistrate
|
Judge
|
section 21, heading
|
magistrate
|
Judge
|
section 21(1)
|
Magistrate
magistrate
(all references) |
Judge
Judge
|
section 21(2)
|
magistrate
|
Judge
|
sections 22(1), (2)(a) and (3), 23(1), (2)(a) and
(3), 24(3) and 25(3)
|
Magistrate
|
Judge
|
section 28(2)
|
a Local
|
the Local
|
sections 30(2) and 31(1) and (3)
|
Magistrate
|
Judge
|
Schedule 13 Youth Justice Act further amended
section 159
Provision
|
Amendment
|
|
|
omit
|
insert
|
sections 24(1) to (5) and 30(3) to (5) and (7) and
(8)
|
magistrate
(all references) |
Local Court Judge
|
section 31(1)(a)
|
a crime
|
an indictable offence
|
section 31(2)(a), (4), (5), (7) and (8)
|
magistrate
|
Local Court Judge
|
section 32(3), definition relevant
offence
|
a crime
|
an offence
|
section 33(3), (5), (7) and (8)
|
magistrate
|
Local Court Judge
|
section 47(1)
|
A Registrar
|
A registrar
|
section 49(4)
|
a magistrate
|
the Court
|
section 55(1)(a)
|
Justices
|
Local Court (Criminal Procedure)
|
section 58(1)(b)
|
trial
|
hearing
|
section 121(4)
|
Justice
|
justice of the peace
|
section 132(d)
|
a court of summary jurisdiction
|
the Local Court
|
section 138(1) and (2)(a)
|
Court of Summary Jurisdiction
(all references) |
Local Court
|
section 140G(4)
|
Magistrate
|
Judge
|
section 144(2)(b), before "Judge"
|
|
Supreme Court
|
section 144(3)
|
all words from "Justices" to "Jurisdiction"
|
Local Court (Criminal Procedure) Act relating
to appeals from the Local Court
|
section 146
|
Judge of the Supreme Court
|
Supreme Court Judge
|
section 154(3)
|
magistrate
|
Local Court Judge
|
section 159(1)
|
a crime
|
an indictable offence
|
Schedule 14 Other laws amended
section 160
Provision
|
Amendment
|
|
|
omit
|
insert
|
Bail Regulations
|
||
regulation 4
|
whole regulation
|
|
Schedule, Form 1
|
Court of Summary
Jurisdiction/
(all references) Justice of the
Peace
(all references) |
justice of the peace
|
Schedule, Form 2
|
Justice of the Peace
|
justice of the peace
|
Schedule, Form 3
|
Court of Summary Jurisdiction /
Court of Summary Jurisdiction/
Clerk
Justice of the Peace
|
registrar
justice of the peace
|
Schedule, Form 4
|
Court of Summary Jurisdiction/
Justice of the Peace
|
justice of the peace
|
Firearms Act
|
|
|
section 3(1), definition personal violence
restraining order, paragraph (a)
|
Justices
|
Local Court (Criminal Procedure
|
Housing Regulations
|
|
|
Schedule 1, Part A, item 3, after
"section"
|
|
9(2)(f),
|
Misuse of Drugs
Regulations
|
||
Schedule 3, Form 13, after "Court"
|
|
(Civil Procedure)
|
Police Administration Act
|
||
section 4(1), definitions Judge,
justice and magistrate
|
|
|
section 4(1), definition forensic procedure
approval, paragraphs (a) and (b)
|
magistrate
|
Local Court Judge
|
section 101(1)
|
Judge of the Supreme Court
|
Supreme Court Judge
|
section 116(1)
|
For the purposes of this Part, unless the contrary
intention appears
|
For this Part
|
section 116(2)
|
In this Part unless the contrary intention
appears
|
For this Part
|
section 116(2)
|
|
(in alphabetical order)
offence means an offence against a law
of the Territory or an Act of the Commonwealth.
|
section 116(6)
|
whole subsection
|
|
section 116(8)
|
Judge, magistrate or
justice
(all references) |
court, judge or justice of the peace
|
sections 117(1) to (4) and (6), 118(1) to (10),
120B(1), (5), (6) and (8)(b)(i), 121(1) to (5) and (7) and 122(1) to (10), after
"justice"
(all references) |
|
of the peace
|
section 124(1)
|
Judge, magistrate or justice
|
Supreme Court Judge, Local Court Judge or justice of
the peace
|
section 125(3)
|
A justice
|
The court
|
section 125(3)(b)
|
whole paragraph
|
(b) grant the person bail in accordance with the
Bail Act as if the person had been charged with the similar offence
mentioned in subsection (1); or
|
section 129(2)
|
without his entering into any recognizance or
bail
|
|
section 131(1)
|
without his entering into any recognizance or
bail,
|
|
section 133(1)
|
a justice the justice
|
a court of competent jurisdiction
the court
|
section 133(2)
|
a justice
the justice
|
the court
the court
|
section 133AB(3)(d), after "justice"
|
|
of the peace
|
Part VII, Division 4A, heading, before
"Court"
|
|
Local
|
section 133A, definition
Court
|
whole definition
|
|
sections 133B(1) and (2) and 133C(1)(c) and (d), (3)
and (4), before "Court" (all references)
|
|
Local
|
section 133D
|
Court,
clerk of the
|
Local Court,
Registrar of the Local
|
section 133E
|
Court
Justices
|
Local Court
Local Court (Criminal Procedure)
|
Part VII, Division 6, heading
|
a justice or
|
|
section 137, heading
|
justice or
|
|
section 137(1)
|
a justice or
|
|
section 138, heading
|
justice or
|
|
section 138
|
all words from "the justice" to "shall"
|
the court, the court considering the question
must
|
section 138A, heading
|
justice or
|
|
section 138A(3)
|
justice or
|
|
section 145(2)(b), (3), (4) and (6)
|
magistrate
|
Local Court Judge
|
section 145A(1)(a)
|
a crime
|
an indictable offence
|
section 147B(3), definition relevant
offence
|
a crime
|
|
section 149(2), after "justice"
|
|
of the peace
|
section 161(1) and (2)(b) and (c)
|
justice or magistrate
(all references) |
Local Court Judge or justice of the
peace
|
section 162(5), before "Judge"
|
|
Supreme Court
|
section 162(6), (7A)(b)(ii), (9) and
(10)
|
magistrate
|
Local Court Judge
|
Prisoners (Interstate Transfers)
Regulations
|
||
regulations 13(3), 14(1) and (2) and
16(1)
|
a court of petty sessions
|
the Local Court
|
regulation 22(2)
|
perons's
|
person's
|
regulation 30(a)
|
a court of petty sessions
|
the Local Court
|
Schedule, Form 5
|
COURT OF SUMMARY JURISDICTION
court of summary jurisdiction at
,
at the court of summary jurisdiction
Clerk of the Court of Summary
Jurisdiction
court of summary jurisdiction in
|
LOCAL COURT Local Court, at the Local Court Registrar of the Local Court
Local Court in
|
Schedule, Form 6
|
all words from " NOW," to "Court,"
|
NOW,
* this the [*Local Court/ Supreme
Court],
* I ________________, a person authorised by the
Rules of the Supreme Court,
|
Schedule, Form 7
|
COURT OF SUMMARY JURISDICTION
undersigned magistrate constituting a court of
summary jurisdiction at I, the undersigned magistrate constituting the
above-named court, issue
I, THEREFORE, HEREBY COMMAND Magistrate
|
LOCAL COURT Local
Court this, the Local Court,
issues THE LOCAL COURT, THEREFORE, COMMANDS
Local Court Judge
|
Schedule, Form 8
|
court of summary jurisdiction at
(court)
court of summary jurisdiction
(all other references) Judge of the Supreme Court
(all references) |
Local Court, Local Court
Supreme Court Judge |
Schedule, Form 11, paragraph (a)
|
a justice at (court)
|
the Local Court at (address)
|
Schedule, Form 11, paragraph (b)
|
justice
|
Local Court
|
Schedule, Form 12
|
COURT OF SUMMARY JURISDICTION
court of summary jurisdiction at
for
at the court of summary jurisdiction
Clerk of the Court of Summary
Jurisdiction
court of summary jurisdiction in
|
LOCAL COURT Local Court for at the Local Court Registrar of the Local Court
Local Court in
|
Public Transport (Passenger Safety)
Regulations
|
||
Schedule, Part A, item 3, after
"section"
|
|
9(2)(f),
|
Youth Justice Regulations
|
||
regulation 32(1)(a)
|
Judge or magistrate
|
Supreme Court Judge or Youth Judge
|
Schedule 2, Forms 1, 2, 4, 5, 6 and 8 to
12
|
Peace
|
peace
|
Schedule 2, Forms 10, 12, 14 and 15B
|
Magistrate
|
Youth Judge
|
Weapons Control Act
|
|
|
section 15(4), definition personal violence
restraining order, paragraph (a)
|
Justices
|
Local Court (Criminal Procedure)
|
section 161
Crimes (Victims Assistance)
Rules
|
Subordinate Legislation No. 43 of 2002
|
Justices Rules
|
Subordinate Legislation No. 12 of 2011
|
Local Court Regulations
|
Subordinate Legislation No. 39 of 1998
|
Amendments of Local Court
Regulations
|
Subordinate Legislation No. 10 of 2000
|
Amendment of Local Court
Regulations
|
Subordinate Legislation No. 23 of 2001
|
Amendments of Local Court Regulations
|
Subordinate Legislation No. 45 of 2002
|
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