{"id":"qld:sl-2014-0191","name":"Justices Regulation 2014","slug":"justices-regulation-2014","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"191 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175481,"registerId":"qld-qld:sl-2014-0191-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Justices Regulation 2014 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 September 2014.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Dictionary","content":"### sec.3 Dictionary\n\nThe dictionary in schedule 4 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Warrants","content":"# Warrants","sortOrder":4},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Procedure when particular warrants are issued","content":"## Procedure when particular warrants are issued","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Copy of complaint to be filed if warrant of apprehension issued under Act, s 57 or 59","content":"### sec.4 Copy of complaint to be filed if warrant of apprehension issued under Act, s 57 or 59\n\nThis section applies if a warrant is issued under section 57 or 59 of the Act on a complaint.\nIf the warrant is issued at a place appointed for holding a Magistrates Court, the complainant must, at the time the warrant is issued, file a copy of the complaint with the clerk of the court at the place.\nIf the warrant is issued at another place, the complainant must, within 3 days after the warrant’s issue, file a copy of the complaint with the clerk of the court who is nearest to the place where the warrant was issued.\n(sec.4-ssec.1) This section applies if a warrant is issued under section 57 or 59 of the Act on a complaint.\n(sec.4-ssec.2) If the warrant is issued at a place appointed for holding a Magistrates Court, the complainant must, at the time the warrant is issued, file a copy of the complaint with the clerk of the court at the place.\n(sec.4-ssec.3) If the warrant is issued at another place, the complainant must, within 3 days after the warrant’s issue, file a copy of the complaint with the clerk of the court who is nearest to the place where the warrant was issued.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Copy of evidence on oath to be filed if warrant for a witness issued under Act, s 81","content":"### sec.5 Copy of evidence on oath to be filed if warrant for a witness issued under Act, s 81\n\nThis section applies if a person asks a justice to issue a warrant that may be issued under section 81 of the Act .\nIf the warrant is issued at a place appointed for holding a Magistrates Court, the person must, at the time the warrant is issued—\nfile a copy of any written evidence on oath relied on to obtain the warrant with the clerk of the court at the place; and\npay the fee for filing the copy.\nIf the warrant is issued at another place, the person must, within 3 days after the warrant’s issue—\nfile a copy of any written evidence on oath relied on to obtain the warrant with the clerk of the court who is at or nearest to the returnable place; and\npay the fee for filing the copy.\nIn this section—\nreturnable place , for a warrant, means the place where the relevant witness is to be brought under the warrant.\n(sec.5-ssec.1) This section applies if a person asks a justice to issue a warrant that may be issued under section 81 of the Act .\n(sec.5-ssec.2) If the warrant is issued at a place appointed for holding a Magistrates Court, the person must, at the time the warrant is issued— file a copy of any written evidence on oath relied on to obtain the warrant with the clerk of the court at the place; and pay the fee for filing the copy.\n(sec.5-ssec.3) If the warrant is issued at another place, the person must, within 3 days after the warrant’s issue— file a copy of any written evidence on oath relied on to obtain the warrant with the clerk of the court who is at or nearest to the returnable place; and pay the fee for filing the copy.\n(sec.5-ssec.4) In this section— returnable place , for a warrant, means the place where the relevant witness is to be brought under the warrant.\n- (a) file a copy of any written evidence on oath relied on to obtain the warrant with the clerk of the court at the place; and\n- (b) pay the fee for filing the copy.\n- (a) file a copy of any written evidence on oath relied on to obtain the warrant with the clerk of the court who is at or nearest to the returnable place; and\n- (b) pay the fee for filing the copy.","sortOrder":7},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Computer warrants","content":"## Computer warrants","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Prescribed warrants— Act , s 66","content":"### sec.6 Prescribed warrants— Act , s 66\n\nFor section 66 (4) of the Act , the following types of warrant are prescribed—\na warrant issued under the Act ;\na warrant issued under the Bail Act 1980 ;\na warrant issued under the Criminal Practice Rules 1999 , rule 28 ;\na warrant issued under the Domestic and Family Violence Protection Act 2012 ;\na warrant of commitment issued under the Penalties and Sentences Act 1992 ;\nan arrest warrant issued under the Police Powers and Responsibilities Act 2000 ;\na warrant issued under the State Penalties Enforcement Act 1999 ;\na warrant issued under the Youth Justice Act 1992 .\ns 6 amd 2020 SL No. 238 s 4\n- (a) a warrant issued under the Act ;\n- (b) a warrant issued under the Bail Act 1980 ;\n- (c) a warrant issued under the Criminal Practice Rules 1999 , rule 28 ;\n- (d) a warrant issued under the Domestic and Family Violence Protection Act 2012 ;\n- (e) a warrant of commitment issued under the Penalties and Sentences Act 1992 ;\n- (f) an arrest warrant issued under the Police Powers and Responsibilities Act 2000 ;\n- (g) a warrant issued under the State Penalties Enforcement Act 1999 ;\n- (h) a warrant issued under the Youth Justice Act 1992 .","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Approved procedures for computer stored information— Act , s 67","content":"### sec.7 Approved procedures for computer stored information— Act , s 67\n\nFor section 67 (1) (b) of the Act , the following procedures for computer stored information are approved—\nthe procedures, made by the chief executive, stated in the document—\ncalled ‘Issuing eWarrants in Queensland Courts’; and\npublished on the department’s website;\nthe procedures about computer warrants, made by the commissioner of the police service, stated in the document—\ncalled ‘Operational Procedures Manual’; and\npublished by the department administering the Police Powers and Responsibilities Act 2000 on its website.\ns 7 sub 2020 SL No. 238 s 5\n- (a) the procedures, made by the chief executive, stated in the document— (i) called ‘Issuing eWarrants in Queensland Courts’; and (ii) published on the department’s website;\n- (i) called ‘Issuing eWarrants in Queensland Courts’; and\n- (ii) published on the department’s website;\n- (b) the procedures about computer warrants, made by the commissioner of the police service, stated in the document— (i) called ‘Operational Procedures Manual’; and (ii) published by the department administering the Police Powers and Responsibilities Act 2000 on its website.\n- (i) called ‘Operational Procedures Manual’; and\n- (ii) published by the department administering the Police Powers and Responsibilities Act 2000 on its website.\n- (i) called ‘Issuing eWarrants in Queensland Courts’; and\n- (ii) published on the department’s website;\n- (i) called ‘Operational Procedures Manual’; and\n- (ii) published by the department administering the Police Powers and Responsibilities Act 2000 on its website.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Prescribed information— Act , s 69B (2)","content":"### sec.8 Prescribed information— Act , s 69B (2)\n\nThis section applies if a computer warrant is executed using information about the warrant in a document, other than a written version of the warrant, made under the approved procedures.\nThe document must include the following information about the warrant—\ntype;\nreference number;\ndate of issue;\nissuing entity’s name and location;\nthe Act under which the warrant was issued;\nfor a warrant of commitment for failure to pay an amount—\nthe amount payable; and\nthe default period of imprisonment;\nfor a warrant of execution—the amount payable.\nThe document must include the following information about the person to whom the warrant relates—\nname;\naddress stated in the warrant;\nlatest known address.\nThe document must include the following information about the offence or alleged offence for which the warrant was issued—\na description of the offence or alleged offence;\nthe place where the offence or alleged offence happened;\nthe date of the offence or alleged offence;\nthe provision of the Act or statutory instrument that was contravened or allegedly contravened.\n(sec.8-ssec.1) This section applies if a computer warrant is executed using information about the warrant in a document, other than a written version of the warrant, made under the approved procedures.\n(sec.8-ssec.2) The document must include the following information about the warrant— type; reference number; date of issue; issuing entity’s name and location; the Act under which the warrant was issued; for a warrant of commitment for failure to pay an amount— the amount payable; and the default period of imprisonment; for a warrant of execution—the amount payable.\n(sec.8-ssec.3) The document must include the following information about the person to whom the warrant relates— name; address stated in the warrant; latest known address.\n(sec.8-ssec.4) The document must include the following information about the offence or alleged offence for which the warrant was issued— a description of the offence or alleged offence; the place where the offence or alleged offence happened; the date of the offence or alleged offence; the provision of the Act or statutory instrument that was contravened or allegedly contravened.\n- (a) type;\n- (b) reference number;\n- (c) date of issue;\n- (d) issuing entity’s name and location;\n- (e) the Act under which the warrant was issued;\n- (f) for a warrant of commitment for failure to pay an amount— (i) the amount payable; and (ii) the default period of imprisonment;\n- (i) the amount payable; and\n- (ii) the default period of imprisonment;\n- (g) for a warrant of execution—the amount payable.\n- (i) the amount payable; and\n- (ii) the default period of imprisonment;\n- (a) name;\n- (b) address stated in the warrant;\n- (c) latest known address.\n- (a) a description of the offence or alleged offence;\n- (b) the place where the offence or alleged offence happened;\n- (c) the date of the offence or alleged offence;\n- (d) the provision of the Act or statutory instrument that was contravened or allegedly contravened.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Certification— Act , s 69B (5) (b)","content":"### sec.9 Certification— Act , s 69B (5) (b)\n\nFor section 69B (5) (b) of the Act , certification is to be by the arresting officer.","sortOrder":12},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Written warrants executed using document containing information about outstanding warrants","content":"## Written warrants executed using document containing information about outstanding warrants","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Prescribed document— Act , s 69E","content":"### sec.10 Prescribed document— Act , s 69E\n\nFor section 69E (1) (b) of the Act , a document called ‘Warrant Report’ made by the commissioner of the police service for executing a warrant mentioned in the document is prescribed.\ns 10 sub 2020 SL No. 238 s 6","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Certification of prescribed document— Act , s 69E (4) (b)","content":"### sec.11 Certification of prescribed document— Act , s 69E (4) (b)\n\nFor section 69E (4) (b) of the Act , certification is to be by the arresting officer.","sortOrder":15},{"sectionNumber":"pt.3","sectionType":"part","heading":"Summons to witness","content":"# Summons to witness","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Copy of summons issued to witness under Act, s 78 or 83 to be filed","content":"### sec.12 Copy of summons issued to witness under Act, s 78 or 83 to be filed\n\nThis section applies if a person asks a justice to issue a summons that may be issued under section 78 or 83 of the Act .\nIf the summons is issued at a place appointed for holding a Magistrates Court, the person must, at the time the summons is issued—\nfile a copy of the summons with the clerk of the court at the place; and\npay the fee for filing the copy.\nIf the summons is issued at another place, the person must, within 3 days after the summons’s issue—\nfile a copy of the summons with the clerk of the court who is at or nearest to the returnable place; and\npay the fee for filing the copy.\nIn this section—\nreturnable place , for a summons, means the place where the relevant witness is required to appear or produce documents under the summons.\n(sec.12-ssec.1) This section applies if a person asks a justice to issue a summons that may be issued under section 78 or 83 of the Act .\n(sec.12-ssec.2) If the summons is issued at a place appointed for holding a Magistrates Court, the person must, at the time the summons is issued— file a copy of the summons with the clerk of the court at the place; and pay the fee for filing the copy.\n(sec.12-ssec.3) If the summons is issued at another place, the person must, within 3 days after the summons’s issue— file a copy of the summons with the clerk of the court who is at or nearest to the returnable place; and pay the fee for filing the copy.\n(sec.12-ssec.4) In this section— returnable place , for a summons, means the place where the relevant witness is required to appear or produce documents under the summons.\n- (a) file a copy of the summons with the clerk of the court at the place; and\n- (b) pay the fee for filing the copy.\n- (a) file a copy of the summons with the clerk of the court who is at or nearest to the returnable place; and\n- (b) pay the fee for filing the copy.","sortOrder":17},{"sectionNumber":"pt.4","sectionType":"part","heading":"Bench charge sheets and bench cover sheets","content":"# Bench charge sheets and bench cover sheets","sortOrder":18},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Bench charge sheet if defendant arrested or served with notice to appear","content":"## Bench charge sheet if defendant arrested or served with notice to appear","sortOrder":19},{"sectionNumber":"sec.13","sectionType":"section","heading":"Police officer to give bench charge sheet to clerk of the court","content":"### sec.13 Police officer to give bench charge sheet to clerk of the court\n\nThis section applies to a charge against a defendant if—\nthe charge is of an offence for which a proceeding may be brought under the Act ; and\nthe defendant is—\narrested on the charge, with or without a warrant; or\nserved with a notice to appear under the Police Powers and Responsibilities Act 2000 for the offence.\nHowever, this section does not apply to a charge for which a bench charge sheet is required under an Act other than the Act .\nA police officer must give the clerk of the court of the relevant court a separate bench charge sheet for each charge to which this section applies.\nThe bench charge sheet may be given electronically to the clerk of the court.\nIn this section—\nrelevant court , for a charge against a defendant, means a court before which the defendant is to be brought on the charge.\n(sec.13-ssec.1) This section applies to a charge against a defendant if— the charge is of an offence for which a proceeding may be brought under the Act ; and the defendant is— arrested on the charge, with or without a warrant; or served with a notice to appear under the Police Powers and Responsibilities Act 2000 for the offence.\n(sec.13-ssec.2) However, this section does not apply to a charge for which a bench charge sheet is required under an Act other than the Act .\n(sec.13-ssec.3) A police officer must give the clerk of the court of the relevant court a separate bench charge sheet for each charge to which this section applies.\n(sec.13-ssec.4) The bench charge sheet may be given electronically to the clerk of the court.\n(sec.13-ssec.5) In this section— relevant court , for a charge against a defendant, means a court before which the defendant is to be brought on the charge.\n- (a) the charge is of an offence for which a proceeding may be brought under the Act ; and\n- (b) the defendant is— (i) arrested on the charge, with or without a warrant; or (ii) served with a notice to appear under the Police Powers and Responsibilities Act 2000 for the offence.\n- (i) arrested on the charge, with or without a warrant; or\n- (ii) served with a notice to appear under the Police Powers and Responsibilities Act 2000 for the offence.\n- (i) arrested on the charge, with or without a warrant; or\n- (ii) served with a notice to appear under the Police Powers and Responsibilities Act 2000 for the offence.","sortOrder":20},{"sectionNumber":"sec.14","sectionType":"section","heading":"What bench charge sheet must state when given to clerk of the court","content":"### sec.14 What bench charge sheet must state when given to clerk of the court\n\nA bench charge sheet under section 13 must state—\nthe name of the defendant and of the complainant, if any; and\nthe offence with which the defendant is charged and adequate particulars of the charge to inform the defendant of the nature of the charge, including, for example, the following particulars—\nparticulars of the alleged time and place of committing the offence;\nparticulars of the person, if any, alleged to be aggrieved;\nparticulars of the property, if any, in question; and\nany circumstances of aggravation on which it is intended to rely.\nWhen stating the offence on the bench charge sheet, it is sufficient to describe the offence in the words of the Criminal Code or the Act defining it, or in similar words.\nA description of persons or things that would be sufficient on an indictment is sufficient on a bench charge sheet.\nFor example, the Criminal Code , sections 565 (General rules applicable to indictments) and 566 (Particular indictments) set out requirements sufficient for particular indictments.\nSubsection (1) (b) does not apply if section 42 (2) of the Act applies to the charge.\nSection 42 (2) of the Act already requires particulars of certain charges to be entered on a bench charge sheet.\nThis section and section 15 do not limit the information that may be stated on a bench charge sheet.\ns 14 amd 2020 SL No. 238 s 7\n(sec.14-ssec.1) A bench charge sheet under section 13 must state— the name of the defendant and of the complainant, if any; and the offence with which the defendant is charged and adequate particulars of the charge to inform the defendant of the nature of the charge, including, for example, the following particulars— particulars of the alleged time and place of committing the offence; particulars of the person, if any, alleged to be aggrieved; particulars of the property, if any, in question; and any circumstances of aggravation on which it is intended to rely.\n(sec.14-ssec.2) When stating the offence on the bench charge sheet, it is sufficient to describe the offence in the words of the Criminal Code or the Act defining it, or in similar words.\n(sec.14-ssec.3) A description of persons or things that would be sufficient on an indictment is sufficient on a bench charge sheet. For example, the Criminal Code , sections 565 (General rules applicable to indictments) and 566 (Particular indictments) set out requirements sufficient for particular indictments.\n(sec.14-ssec.4) Subsection (1) (b) does not apply if section 42 (2) of the Act applies to the charge. Section 42 (2) of the Act already requires particulars of certain charges to be entered on a bench charge sheet.\n(sec.14-ssec.5) This section and section 15 do not limit the information that may be stated on a bench charge sheet.\n- (a) the name of the defendant and of the complainant, if any; and\n- (b) the offence with which the defendant is charged and adequate particulars of the charge to inform the defendant of the nature of the charge, including, for example, the following particulars— (i) particulars of the alleged time and place of committing the offence; (ii) particulars of the person, if any, alleged to be aggrieved; (iii) particulars of the property, if any, in question; and\n- (i) particulars of the alleged time and place of committing the offence;\n- (ii) particulars of the person, if any, alleged to be aggrieved;\n- (iii) particulars of the property, if any, in question; and\n- (c) any circumstances of aggravation on which it is intended to rely.\n- (i) particulars of the alleged time and place of committing the offence;\n- (ii) particulars of the person, if any, alleged to be aggrieved;\n- (iii) particulars of the property, if any, in question; and","sortOrder":21},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"All bench charge sheets","content":"## All bench charge sheets","sortOrder":22},{"sectionNumber":"sec.15","sectionType":"section","heading":"What court must record, or ensure is recorded, on bench charge sheet","content":"### sec.15 What court must record, or ensure is recorded, on bench charge sheet\n\nThis section applies for a proceeding under the Act before a court in relation to a charge stated on a bench charge sheet.\nIf the charge is amended, other than under section 42 (1A) of the Act , the court must ensure that particulars of the amendment are recorded on the bench charge sheet.\nSection 42 (2) of the Act already requires particulars of certain amended charges to be entered on a bench charge sheet.\nIf the court accepts the defendant’s plea, or enters a plea for the defendant, to the charge, the court must—\nif more than 1 charge is before court and the same plea is accepted or entered for 1 or more of the other charges before the court—\nrecord the plea on the bench charge sheet for 1 of the charges to which the plea is accepted or entered (the lead plea charge sheet ); and\nrecord the court file number stated on the lead plea charge sheet on the bench charge sheet for each other charge to which the plea is accepted or entered; or\notherwise—record the plea on the bench charge sheet for the charge.\nThe court must ensure—\nif the decision on the charge applies to more than 1 charge before the court—\nthe decision is recorded on the bench charge sheet, or a schedule attached to the bench charge sheet, for 1 of the charges to which the decision applies (the lead decision charge sheet ); and\nthe court file number stated on the lead decision charge sheet is recorded on the bench charge sheet for each other charge to which the decision applies; or\notherwise—the decision is recorded on the bench charge sheet for the charge.\nThe court may make, or allow to be made, any entry on the bench charge sheet the court considers appropriate.\nIn this section—\nschedule means a document on which a decision on a charge may be recorded and stating the following information in relation to the charge—\nthe court file number stated on the bench charge sheet on which the charge is stated;\nthe charge number;\nthe offence charged;\nthe date of the offence charged.\ns 15 amd 2018 SL No. 152 s 3\n(sec.15-ssec.1) This section applies for a proceeding under the Act before a court in relation to a charge stated on a bench charge sheet.\n(sec.15-ssec.2) If the charge is amended, other than under section 42 (1A) of the Act , the court must ensure that particulars of the amendment are recorded on the bench charge sheet. Section 42 (2) of the Act already requires particulars of certain amended charges to be entered on a bench charge sheet.\n(sec.15-ssec.3) If the court accepts the defendant’s plea, or enters a plea for the defendant, to the charge, the court must— if more than 1 charge is before court and the same plea is accepted or entered for 1 or more of the other charges before the court— record the plea on the bench charge sheet for 1 of the charges to which the plea is accepted or entered (the lead plea charge sheet ); and record the court file number stated on the lead plea charge sheet on the bench charge sheet for each other charge to which the plea is accepted or entered; or otherwise—record the plea on the bench charge sheet for the charge.\n(sec.15-ssec.4) The court must ensure— if the decision on the charge applies to more than 1 charge before the court— the decision is recorded on the bench charge sheet, or a schedule attached to the bench charge sheet, for 1 of the charges to which the decision applies (the lead decision charge sheet ); and the court file number stated on the lead decision charge sheet is recorded on the bench charge sheet for each other charge to which the decision applies; or otherwise—the decision is recorded on the bench charge sheet for the charge.\n(sec.15-ssec.5) The court may make, or allow to be made, any entry on the bench charge sheet the court considers appropriate.\n(sec.15-ssec.6) In this section— schedule means a document on which a decision on a charge may be recorded and stating the following information in relation to the charge— the court file number stated on the bench charge sheet on which the charge is stated; the charge number; the offence charged; the date of the offence charged.\n- (a) if more than 1 charge is before court and the same plea is accepted or entered for 1 or more of the other charges before the court— (i) record the plea on the bench charge sheet for 1 of the charges to which the plea is accepted or entered (the lead plea charge sheet ); and (ii) record the court file number stated on the lead plea charge sheet on the bench charge sheet for each other charge to which the plea is accepted or entered; or\n- (i) record the plea on the bench charge sheet for 1 of the charges to which the plea is accepted or entered (the lead plea charge sheet ); and\n- (ii) record the court file number stated on the lead plea charge sheet on the bench charge sheet for each other charge to which the plea is accepted or entered; or\n- (b) otherwise—record the plea on the bench charge sheet for the charge.\n- (i) record the plea on the bench charge sheet for 1 of the charges to which the plea is accepted or entered (the lead plea charge sheet ); and\n- (ii) record the court file number stated on the lead plea charge sheet on the bench charge sheet for each other charge to which the plea is accepted or entered; or\n- (a) if the decision on the charge applies to more than 1 charge before the court— (i) the decision is recorded on the bench charge sheet, or a schedule attached to the bench charge sheet, for 1 of the charges to which the decision applies (the lead decision charge sheet ); and (ii) the court file number stated on the lead decision charge sheet is recorded on the bench charge sheet for each other charge to which the decision applies; or\n- (i) the decision is recorded on the bench charge sheet, or a schedule attached to the bench charge sheet, for 1 of the charges to which the decision applies (the lead decision charge sheet ); and\n- (ii) the court file number stated on the lead decision charge sheet is recorded on the bench charge sheet for each other charge to which the decision applies; or\n- (b) otherwise—the decision is recorded on the bench charge sheet for the charge.\n- (i) the decision is recorded on the bench charge sheet, or a schedule attached to the bench charge sheet, for 1 of the charges to which the decision applies (the lead decision charge sheet ); and\n- (ii) the court file number stated on the lead decision charge sheet is recorded on the bench charge sheet for each other charge to which the decision applies; or\n- (a) the court file number stated on the bench charge sheet on which the charge is stated;\n- (b) the charge number;\n- (c) the offence charged;\n- (d) the date of the offence charged.","sortOrder":23},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Bench cover sheets","content":"## Bench cover sheets","sortOrder":24},{"sectionNumber":"sec.16","sectionType":"section","heading":"Bench cover sheet","content":"### sec.16 Bench cover sheet\n\nThis section applies to—\na proceeding under the Act before a court in relation to a charge for which an Act does not require a bench charge sheet; or\nan application made under the Act to a court.\nThe court before which the application or proceeding is brought must record the following information on a document (a bench cover sheet )—\nthe names of the parties;\nthe nature of the complaint or application.\nIf the charge or application is amended, other than under section 42 (1A) of the Act , the court must ensure that particulars of the amendment are recorded on the bench cover sheet.\nIf the court accepts the defendant’s plea, or enters a plea for the defendant, to the charge, the court must—\nif more than 1 charge is before court and the same plea is accepted or entered for 1 or more of the other charges before the court—\nrecord the plea on the bench cover sheet for 1 of the charges to which the plea is accepted or entered (the lead plea cover sheet ); and\nrecord the court file number stated on the lead plea cover sheet on the bench cover sheet for each other charge to which the plea is accepted or entered; or\notherwise—record the plea on the bench cover sheet for the charge.\nThe court must ensure—\nif the decision on the charge or application applies to more than 1 charge or application before the court—\nthe decision is recorded on the bench cover sheet, or a schedule attached to the bench cover sheet, for 1 of the charges or applications to which the decision applies (the lead decision cover sheet ); and\nthe court file number stated on the lead decision cover sheet is recorded on the bench cover sheet for each other charge or application to which the decision applies; or\notherwise—the decision is recorded on the bench cover sheet for the charge or application.\nThis section does not limit the information that may be stated on a bench cover sheet.\nIn this section—\nschedule means a document on which a decision on a charge or application may be recorded and stating the following information in relation to the charge or application—\nthe court file number stated on the bench cover sheet for the charge or application;\nthe charge number or application number;\nfor a charge—\nthe offence charged; and\nthe date of the offence charged.\ns 16 amd 2018 SL No. 152 s 4\n(sec.16-ssec.1) This section applies to— a proceeding under the Act before a court in relation to a charge for which an Act does not require a bench charge sheet; or an application made under the Act to a court.\n(sec.16-ssec.2) The court before which the application or proceeding is brought must record the following information on a document (a bench cover sheet )— the names of the parties; the nature of the complaint or application.\n(sec.16-ssec.3) If the charge or application is amended, other than under section 42 (1A) of the Act , the court must ensure that particulars of the amendment are recorded on the bench cover sheet.\n(sec.16-ssec.4) If the court accepts the defendant’s plea, or enters a plea for the defendant, to the charge, the court must— if more than 1 charge is before court and the same plea is accepted or entered for 1 or more of the other charges before the court— record the plea on the bench cover sheet for 1 of the charges to which the plea is accepted or entered (the lead plea cover sheet ); and record the court file number stated on the lead plea cover sheet on the bench cover sheet for each other charge to which the plea is accepted or entered; or otherwise—record the plea on the bench cover sheet for the charge.\n(sec.16-ssec.5) The court must ensure— if the decision on the charge or application applies to more than 1 charge or application before the court— the decision is recorded on the bench cover sheet, or a schedule attached to the bench cover sheet, for 1 of the charges or applications to which the decision applies (the lead decision cover sheet ); and the court file number stated on the lead decision cover sheet is recorded on the bench cover sheet for each other charge or application to which the decision applies; or otherwise—the decision is recorded on the bench cover sheet for the charge or application.\n(sec.16-ssec.6) This section does not limit the information that may be stated on a bench cover sheet.\n(sec.16-ssec.7) In this section— schedule means a document on which a decision on a charge or application may be recorded and stating the following information in relation to the charge or application— the court file number stated on the bench cover sheet for the charge or application; the charge number or application number; for a charge— the offence charged; and the date of the offence charged.\n- (a) a proceeding under the Act before a court in relation to a charge for which an Act does not require a bench charge sheet; or\n- (b) an application made under the Act to a court.\n- (a) the names of the parties;\n- (b) the nature of the complaint or application.\n- (a) if more than 1 charge is before court and the same plea is accepted or entered for 1 or more of the other charges before the court— (i) record the plea on the bench cover sheet for 1 of the charges to which the plea is accepted or entered (the lead plea cover sheet ); and (ii) record the court file number stated on the lead plea cover sheet on the bench cover sheet for each other charge to which the plea is accepted or entered; or\n- (i) record the plea on the bench cover sheet for 1 of the charges to which the plea is accepted or entered (the lead plea cover sheet ); and\n- (ii) record the court file number stated on the lead plea cover sheet on the bench cover sheet for each other charge to which the plea is accepted or entered; or\n- (b) otherwise—record the plea on the bench cover sheet for the charge.\n- (i) record the plea on the bench cover sheet for 1 of the charges to which the plea is accepted or entered (the lead plea cover sheet ); and\n- (ii) record the court file number stated on the lead plea cover sheet on the bench cover sheet for each other charge to which the plea is accepted or entered; or\n- (a) if the decision on the charge or application applies to more than 1 charge or application before the court— (i) the decision is recorded on the bench cover sheet, or a schedule attached to the bench cover sheet, for 1 of the charges or applications to which the decision applies (the lead decision cover sheet ); and (ii) the court file number stated on the lead decision cover sheet is recorded on the bench cover sheet for each other charge or application to which the decision applies; or\n- (i) the decision is recorded on the bench cover sheet, or a schedule attached to the bench cover sheet, for 1 of the charges or applications to which the decision applies (the lead decision cover sheet ); and\n- (ii) the court file number stated on the lead decision cover sheet is recorded on the bench cover sheet for each other charge or application to which the decision applies; or\n- (b) otherwise—the decision is recorded on the bench cover sheet for the charge or application.\n- (i) the decision is recorded on the bench cover sheet, or a schedule attached to the bench cover sheet, for 1 of the charges or applications to which the decision applies (the lead decision cover sheet ); and\n- (ii) the court file number stated on the lead decision cover sheet is recorded on the bench cover sheet for each other charge or application to which the decision applies; or\n- (a) the court file number stated on the bench cover sheet for the charge or application;\n- (b) the charge number or application number;\n- (c) for a charge— (i) the offence charged; and (ii) the date of the offence charged.\n- (i) the offence charged; and\n- (ii) the date of the offence charged.\n- (i) the offence charged; and\n- (ii) the date of the offence charged.","sortOrder":25},{"sectionNumber":"pt.5","sectionType":"part","heading":"Magistrates Courts districts and places for holding courts","content":"# Magistrates Courts districts and places for holding courts","sortOrder":26},{"sectionNumber":"sec.17","sectionType":"section","heading":"Magistrates Courts districts, divisions of Brisbane district, and places for holding courts— Act , s 22B","content":"### sec.17 Magistrates Courts districts, divisions of Brisbane district, and places for holding courts— Act , s 22B\n\nSchedule 1 sets out the following matters—\nthe names of the districts, other than the metropolitan district, appointed for the purposes of Magistrates Courts;\nthe areas of the districts for which the appointment is made;\nfor the Brisbane Magistrates Courts District—the names and areas of the divisions of the Brisbane Magistrates Courts District appointed for the purposes of Magistrates Courts;\nthe places appointed for holding Magistrates Courts in the districts and divisions.\nFor schedule 1 —\nthe whole area within the external boundary of a city or shire is taken to be part of the city or shire, even if it is not part of the city or shire; and\nan island in Queensland waters that is not within the external boundary of a city or shire is taken to be part of the city or shire nearest the island; and\neach point forming part of Queensland waters that is not within the external boundary of a city or shire is taken to be part of the city or shire nearest the point.\nAlso, for schedule 1 , a reference to a city, shire or town by name is a reference to the city, shire or town of that name declared as a local government area under the repealed Local Government Act 1993 as in force immediately before the changeover day.\nThe chief executive must keep a copy of each map or area map mentioned in schedule 1 at the department’s head office.\nA copy of each map or area map mentioned in schedule 1 can be—\naccessed by members of the public, free of charge, on the department’s website; or\npurchased from any office of the department in which the Survey and Mapping Infrastructure Act 2003 is administered.\nIn this section—\nchangeover day means 15 March 2008.\n15 March 2008 is the changeover day declared under the repealed Local Government Act 1993 , section 159YE (2) for all new, adjusted and continuing local government areas listed in schedule 1A of that Act. See the notice published in the gazette on 23 November 2007 at page 1,680.\n(sec.17-ssec.1) Schedule 1 sets out the following matters— the names of the districts, other than the metropolitan district, appointed for the purposes of Magistrates Courts; the areas of the districts for which the appointment is made; for the Brisbane Magistrates Courts District—the names and areas of the divisions of the Brisbane Magistrates Courts District appointed for the purposes of Magistrates Courts; the places appointed for holding Magistrates Courts in the districts and divisions.\n(sec.17-ssec.2) For schedule 1 — the whole area within the external boundary of a city or shire is taken to be part of the city or shire, even if it is not part of the city or shire; and an island in Queensland waters that is not within the external boundary of a city or shire is taken to be part of the city or shire nearest the island; and each point forming part of Queensland waters that is not within the external boundary of a city or shire is taken to be part of the city or shire nearest the point.\n(sec.17-ssec.3) Also, for schedule 1 , a reference to a city, shire or town by name is a reference to the city, shire or town of that name declared as a local government area under the repealed Local Government Act 1993 as in force immediately before the changeover day.\n(sec.17-ssec.4) The chief executive must keep a copy of each map or area map mentioned in schedule 1 at the department’s head office.\n(sec.17-ssec.5) A copy of each map or area map mentioned in schedule 1 can be— accessed by members of the public, free of charge, on the department’s website; or purchased from any office of the department in which the Survey and Mapping Infrastructure Act 2003 is administered.\n(sec.17-ssec.6) In this section— changeover day means 15 March 2008. 15 March 2008 is the changeover day declared under the repealed Local Government Act 1993 , section 159YE (2) for all new, adjusted and continuing local government areas listed in schedule 1A of that Act. See the notice published in the gazette on 23 November 2007 at page 1,680.\n- (a) the names of the districts, other than the metropolitan district, appointed for the purposes of Magistrates Courts;\n- (b) the areas of the districts for which the appointment is made;\n- (c) for the Brisbane Magistrates Courts District—the names and areas of the divisions of the Brisbane Magistrates Courts District appointed for the purposes of Magistrates Courts;\n- (d) the places appointed for holding Magistrates Courts in the districts and divisions.\n- (a) the whole area within the external boundary of a city or shire is taken to be part of the city or shire, even if it is not part of the city or shire; and\n- (b) an island in Queensland waters that is not within the external boundary of a city or shire is taken to be part of the city or shire nearest the island; and\n- (c) each point forming part of Queensland waters that is not within the external boundary of a city or shire is taken to be part of the city or shire nearest the point.\n- (a) accessed by members of the public, free of charge, on the department’s website; or\n- (b) purchased from any office of the department in which the Survey and Mapping Infrastructure Act 2003 is administered.","sortOrder":27},{"sectionNumber":"sec.18","sectionType":"section","heading":"Metropolitan district","content":"### sec.18 Metropolitan district\n\nThe metropolitan district consists of the following districts—\nBeenleigh Magistrates Courts District\nBrisbane Magistrates Courts District\nCleveland Magistrates Courts District\nRedcliffe Magistrates Courts District.\n- • Beenleigh Magistrates Courts District\n- • Brisbane Magistrates Courts District\n- • Cleveland Magistrates Courts District\n- • Redcliffe Magistrates Courts District.","sortOrder":28},{"sectionNumber":"pt.6","sectionType":"part","heading":"Costs and fees","content":"# Costs and fees","sortOrder":29},{"sectionNumber":"sec.19","sectionType":"section","heading":"Scale of costs for Act , pt 6 , div 8 and pt 9 , div 1 — Act , ss 158B (1) (a) and 232A (1) (a)","content":"### sec.19 Scale of costs for Act , pt 6 , div 8 and pt 9 , div 1 — Act , ss 158B (1) (a) and 232A (1) (a)\n\nThe scale of costs for part 6 , division 8 and part 9 , division 1 of the Act is in schedule 2 .","sortOrder":30},{"sectionNumber":"sec.20","sectionType":"section","heading":"Fees","content":"### sec.20 Fees\n\nThe fees payable to the clerk of the court are in schedule 3 .\nHowever, sections 21 , 22 and 22A provide exemptions for particular fees.\ns 20 amd 2024 SL No. 175 s 8\n(sec.20-ssec.1) The fees payable to the clerk of the court are in schedule 3 .\n(sec.20-ssec.2) However, sections 21 , 22 and 22A provide exemptions for particular fees.","sortOrder":31},{"sectionNumber":"sec.20A","sectionType":"section","heading":"Rounding of amounts expressed as numbers of fee units","content":"### sec.20A Rounding of amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\nFor the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded—\nif the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\nif the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards).\nIf a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.\ns 20A ins 2022 SL No. 79 s 92\n(sec.20A-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\n(sec.20A-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards). If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.\n- (a) if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\n- (b) if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards).","sortOrder":32},{"sectionNumber":"sec.21","sectionType":"section","heading":"Fee exemption for State-related complainant","content":"### sec.21 Fee exemption for State-related complainant\n\nDespite section 20 (1) , no fee is payable under schedule 3 , items 1 to 4 or 5(a) by a State-related complainant.\nIf—\na complaint is made by a State-related complainant; and\na court makes an order against the defendant in relation to the complaint;\nthe court must order the defendant to pay to the clerk of the court the amount of any filing fee stated in schedule 3 , items 1 to 3 that would have been payable in relation to the complaint by the State-related complainant if subsection (1) had not applied.\nIn this section—\nState-related complainant means—\nthe Sovereign; or\nthe State or a person acting for the State; or\nan entity, or a person acting for an entity, whose expenditure is entirely payable out of the consolidated fund.\ns 21 amd 2022 SL No. 79 s 93\n(sec.21-ssec.1) Despite section 20 (1) , no fee is payable under schedule 3 , items 1 to 4 or 5(a) by a State-related complainant.\n(sec.21-ssec.2) If— a complaint is made by a State-related complainant; and a court makes an order against the defendant in relation to the complaint; the court must order the defendant to pay to the clerk of the court the amount of any filing fee stated in schedule 3 , items 1 to 3 that would have been payable in relation to the complaint by the State-related complainant if subsection (1) had not applied.\n(sec.21-ssec.3) In this section— State-related complainant means— the Sovereign; or the State or a person acting for the State; or an entity, or a person acting for an entity, whose expenditure is entirely payable out of the consolidated fund.\n- (a) a complaint is made by a State-related complainant; and\n- (b) a court makes an order against the defendant in relation to the complaint;\n- (a) the Sovereign; or\n- (b) the State or a person acting for the State; or\n- (c) an entity, or a person acting for an entity, whose expenditure is entirely payable out of the consolidated fund.","sortOrder":33},{"sectionNumber":"sec.22","sectionType":"section","heading":"Fee exemption for record of particular decisions","content":"### sec.22 Fee exemption for record of particular decisions\n\nThis section applies in relation to the supply of a record of a decision (including an order or a record of conviction) under section 154 (1A) of the Act to a person about whom the decision was made.\nDespite section 20 (1) , no fee is payable under schedule 3 , item 5(a) by the person for the supply of the record.\ns 22 amd 2022 SL No. 79 s 94\n(sec.22-ssec.1) This section applies in relation to the supply of a record of a decision (including an order or a record of conviction) under section 154 (1A) of the Act to a person about whom the decision was made.\n(sec.22-ssec.2) Despite section 20 (1) , no fee is payable under schedule 3 , item 5(a) by the person for the supply of the record.","sortOrder":34},{"sectionNumber":"sec.22A","sectionType":"section","heading":"Fee exemption for Australian courts and tribunals","content":"### sec.22A Fee exemption for Australian courts and tribunals\n\nDespite section 20 (1) , no fee is payable under schedule 3 , item 4 or 5 by a relevant court or tribunal, or a registry official of a relevant court or tribunal.\nIn this section—\nregistry official , of a relevant court or tribunal, means a registrar, clerk of the court or other officer (however described) of the relevant court or tribunal.\nrelevant court or tribunal means—\nthe Federal Circuit and Family Court of Australia ( Division 1 ); or\nthe Federal Circuit and Family Court of Australia ( Division 2 ); or\nthe Family Court of Western Australia; or\nanother court or tribunal of a State.\ns 22A ins 2024 SL No. 175 s 9\n(sec.22A-ssec.1) Despite section 20 (1) , no fee is payable under schedule 3 , item 4 or 5 by a relevant court or tribunal, or a registry official of a relevant court or tribunal.\n(sec.22A-ssec.2) In this section— registry official , of a relevant court or tribunal, means a registrar, clerk of the court or other officer (however described) of the relevant court or tribunal. relevant court or tribunal means— the Federal Circuit and Family Court of Australia ( Division 1 ); or the Federal Circuit and Family Court of Australia ( Division 2 ); or the Family Court of Western Australia; or another court or tribunal of a State.\n- (a) the Federal Circuit and Family Court of Australia ( Division 1 ); or\n- (b) the Federal Circuit and Family Court of Australia ( Division 2 ); or\n- (c) the Family Court of Western Australia; or\n- (d) another court or tribunal of a State.","sortOrder":35},{"sectionNumber":"pt.7","sectionType":"part","heading":"Repeals","content":"# Repeals","sortOrder":36},{"sectionNumber":"sec.23","sectionType":"section","heading":"Repeals","content":"### sec.23 Repeals\n\nThe Justices Regulation 2004, SL No. 168 is repealed.","sortOrder":37},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":38},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Transitional provision for SL No. 191 of 2014","content":"## Transitional provision for SL No. 191 of 2014","sortOrder":39},{"sectionNumber":"sec.24","sectionType":"section","heading":"Court to order unsuccessful defendant to pay filing fees if State-related complainant","content":"### sec.24 Court to order unsuccessful defendant to pay filing fees if State-related complainant\n\nThis section applies if, before the commencement of this section—\na document was filed, without payment of a fee, under section 19A(1) of the repealed regulation; and\nno order has been made, under section 19A(2) of the repealed regulation, against the defendant in relation to the filing fee for the document.\nSection 19(2) of the repealed regulation continues to apply in relation to the defendant as if it were still in force.\nIn this section—\nrepealed regulation means the Justices Regulation 2004 .\n(sec.24-ssec.1) This section applies if, before the commencement of this section— a document was filed, without payment of a fee, under section 19A(1) of the repealed regulation; and no order has been made, under section 19A(2) of the repealed regulation, against the defendant in relation to the filing fee for the document.\n(sec.24-ssec.2) Section 19(2) of the repealed regulation continues to apply in relation to the defendant as if it were still in force.\n(sec.24-ssec.3) In this section— repealed regulation means the Justices Regulation 2004 .\n- (a) a document was filed, without payment of a fee, under section 19A(1) of the repealed regulation; and\n- (b) no order has been made, under section 19A(2) of the repealed regulation, against the defendant in relation to the filing fee for the document.","sortOrder":40},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Transitional provisions for Justices (Recording of Pleas and Decisions) Amendment Regulation 2018","content":"## Transitional provisions for Justices (Recording of Pleas and Decisions) Amendment Regulation 2018","sortOrder":41},{"sectionNumber":"sec.25","sectionType":"section","heading":"Definitions for division","content":"### sec.25 Definitions for division\n\nIn this division—\namended , for a provision of this regulation, means as in force from the commencement.\npre-amended , for a provision of this regulation, means as in force from time to time before the commencement.\ns 25 ins 2018 SL No. 152 s 7","sortOrder":42},{"sectionNumber":"sec.26","sectionType":"section","heading":"Recording of particular information on bench charge sheets","content":"### sec.26 Recording of particular information on bench charge sheets\n\nThis section applies if, before the commencement, a plea or decision in relation to a charge was recorded on a bench charge sheet in a way required under amended section 15.\nThe recording of the plea or decision on the bench charge sheet is taken to be, and to have always been, recorded in compliance with pre-amended section 15.\ns 26 ins 2018 SL No. 152 s 7\n(sec.26-ssec.1) This section applies if, before the commencement, a plea or decision in relation to a charge was recorded on a bench charge sheet in a way required under amended section 15.\n(sec.26-ssec.2) The recording of the plea or decision on the bench charge sheet is taken to be, and to have always been, recorded in compliance with pre-amended section 15.","sortOrder":43},{"sectionNumber":"sec.27","sectionType":"section","heading":"Recording of particular information on bench cover sheets","content":"### sec.27 Recording of particular information on bench cover sheets\n\nThis section applies if, before the commencement, a plea or decision in relation to a charge or application was recorded on a bench cover sheet in a way required under amended section 16.\nThe recording of the plea or decision on the bench cover sheet is taken to be, and to have always been, recorded in compliance with pre-amended section 16.\ns 27 ins 2018 SL No. 152 s 7\n(sec.27-ssec.1) This section applies if, before the commencement, a plea or decision in relation to a charge or application was recorded on a bench cover sheet in a way required under amended section 16.\n(sec.27-ssec.2) The recording of the plea or decision on the bench cover sheet is taken to be, and to have always been, recorded in compliance with pre-amended section 16.","sortOrder":44},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"General","content":"# General","sortOrder":45},{"sectionNumber":"sch.2-sec.1","sectionType":"section","heading":"Scale sets out amounts up to which costs may be allowed","content":"### sch.2-sec.1 Scale sets out amounts up to which costs may be allowed\n\nThis scale sets out—\nthe only items for which costs may be allowed for part 6 , division 8 and part 9 , division 1 of the Act ; and\nthe amount up to which costs may be allowed for each item.\nA higher amount for costs may be allowed under section 158B (2) or 232A (2) of the Act .\n- (a) the only items for which costs may be allowed for part 6 , division 8 and part 9 , division 1 of the Act ; and\n- (b) the amount up to which costs may be allowed for each item.","sortOrder":46},{"sectionNumber":"sch.2-sec.2","sectionType":"section","heading":"Item of costs covers all legal professional work","content":"### sch.2-sec.2 Item of costs covers all legal professional work\n\nAn item in part 2 covers all legal professional work, even if the work is done by more than 1 lawyer.","sortOrder":47},{"sectionNumber":"sch.2-sec.3","sectionType":"section","heading":"Only necessary or proper costs may be allowed","content":"### sch.2-sec.3 Only necessary or proper costs may be allowed\n\nA cost is to be allowed only to the extent to which—\nincurring the cost was necessary or proper to achieve justice or to defend the rights of the party; or\nthe cost was not incurred by over-caution, negligence, mistake or merely at the wish of the party.\n- (a) incurring the cost was necessary or proper to achieve justice or to defend the rights of the party; or\n- (b) the cost was not incurred by over-caution, negligence, mistake or merely at the wish of the party.","sortOrder":48},{"sectionNumber":"sch.2-sec.4","sectionType":"section","heading":"Appeal to District Court judge—professional costs are 20% higher than for complaint","content":"### sch.2-sec.4 Appeal to District Court judge—professional costs are 20% higher than for complaint\n\nFor an appeal to a District Court judge under part 9 , division 1 of the Act , the amount up to which costs may be allowed for legal professional work is the amount that may be allowed under part 2 , as if the work were for a complaint, increased by 20%.","sortOrder":49},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Amounts up to which costs may be allowed for legal professional work","content":"# Amounts up to which costs may be allowed for legal professional work","sortOrder":50},{"sectionNumber":"sch.2-pt.3","sectionType":"part","heading":"Disbursements (including disbursements to witnesses and interpreters)","content":"# Disbursements (including disbursements to witnesses and interpreters)","sortOrder":51},{"sectionNumber":"sch.2-sec.5","sectionType":"section","heading":"Disbursements, other than to witness for attending","content":"### sch.2-sec.5 Disbursements, other than to witness for attending\n\nCourt fees and other fees and payments (other than allowances to witnesses to attend proceedings) including allowances to interpreters, and travelling, accommodation and other expenses of a lawyer acting as advocate, may be allowed to the extent they have been reasonably incurred and are paid or payable.","sortOrder":52},{"sectionNumber":"sch.2-sec.6","sectionType":"section","heading":"Disbursements as allowance to witness for attending—defendant’s witnesses","content":"### sch.2-sec.6 Disbursements as allowance to witness for attending—defendant’s witnesses\n\nAn allowance paid, payable or that will be paid by the defendant to a witness to attend a proceeding may be allowed up to an amount equal to the amount of any comparable prosecution witness allowance that would be payable to the witness if the witness were a prosecution witness attending court to give evidence in a criminal proceeding.\nsch 2 s 6 amd 2017 SL No. 52 s 18","sortOrder":53},{"sectionNumber":"sch.2-sec.7","sectionType":"section","heading":"Disbursements as allowance to witnesses for attending—prosecution witnesses","content":"### sch.2-sec.7 Disbursements as allowance to witnesses for attending—prosecution witnesses\n\nCosts allowed to the complainant may include an amount up to the amount required to reimburse a payment by the State of a prosecution witness allowance paid or that will be paid to prosecution witnesses attending the proceeding.\nsch 2 s 7 amd 2017 SL No. 52 s 19","sortOrder":54}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.17(2)(a)","severity":"medium","reasoning":"This provision explicitly states that an area is deemed to be part of a city or shire 'even if it is not part of the city or shire'. This is a logical contradiction on its face — it deems a thing to be what it simultaneously acknowledges it is not. While deeming provisions are common in legislation, the explicit acknowledgment of the contradiction ('even if it is not') makes this unusually transparent in its absurdity. The provision is likely intended to address enclaves or administrative anomalies, but the drafting is logically self-defeating.","confidence":0.75,"description":"Self-contradictory deeming provision: 'the whole area within the external boundary of a city or shire is taken to be part of the city or shire, even if it is not part of the city or shire'"},{"type":"impossible_compliance","section":"sec.7","severity":"medium","reasoning":"Section 7 approves procedures by reference to documents published on government websites. Website content can be updated or removed at any time without legislative amendment. This creates a situation where the legally operative content of the regulation can change without parliamentary or regulatory process, and it is impossible for an affected person to determine with certainty which version of the document was operative at any given past date. This undermines legal certainty and arguably makes compliance verification impossible in retrospect.","confidence":0.7,"description":"Procedures incorporated by reference to external documents on websites — no mechanism to identify or freeze the version of those documents at any given time"},{"type":"other","section":"sec.24(2)","severity":"high","reasoning":"Section 24(1) defines the trigger by reference to section 19A(1) and 19A(2) of the repealed regulation (Justices Regulation 2004), but section 24(2) then applies 'section 19(2) of the repealed regulation' (not 19A(2)). These are different provisions. If section 19(2) and section 19A(2) of the repealed regulation had different content or scope, the transitional provision is internally inconsistent: the trigger references one provision, but the operative consequence applies a different, potentially unrelated, provision. This could mean the transitional mechanism either fails to operate as intended or applies the wrong legal test.","confidence":0.72,"description":"Transitional provision references 'section 19(2) of the repealed regulation' but the trigger condition in sec.24(1) references 'section 19A' of the same repealed regulation — possible cross-reference error creating an operative void"},{"type":"retroactive_impossibility","section":"sec.26, sec.27","severity":"medium","reasoning":"Sections 26 and 27 apply where, before commencement of the 2018 amendment, a plea or decision was recorded 'in a way required under amended section 15/16' — i.e., in the way required by the new (not yet in force) version of the provision. It was logically impossible to comply with an amended provision before that amendment commenced. The deeming provision therefore either has no work to do (because no one could have complied with the amended version before commencement) or is temporally incoherent. The intent appears to be to validate pre-commencement conduct, but the drafting creates a logical impossibility as the trigger condition cannot be satisfied.","confidence":0.78,"description":"Retroactive deeming of compliance: acts done before the commencement of amended sections are deemed to comply with the pre-amended (i.e., superseded) versions, but the trigger condition is compliance with the amended version"},{"type":"other","section":"sec.20A(2)","severity":"low","reasoning":"Section 20A(2) prescribes rounding rules for fees not more than $100 (round to nearest 5 cents) and fees more than $100 but not more than $1,000 (round to nearest 10 cents). There is no rounding rule prescribed for fees exceeding $1,000. Where schedule 3 fees expressed in fee units yield a dollar amount over $1,000, there is no applicable rounding rule in this regulation, leaving it unclear how such amounts should be rounded — or whether the Acts Interpretation Act 1954 s 48C(3) default applies, which the section purports to supplement rather than replace.","confidence":0.65,"description":"Rounding rules do not cover fees exceeding $1,000 — a gap in the rounding regime"}],"contradictions":[{"severity":"medium","section_a":"sec.21(1)","section_b":"sec.21(2)","confidence":0.8,"description":"Fee exemption scope in sec.21(1) covers items 1–4 and 5(a), but the recovery obligation in sec.21(2) only references items 1–3 — items 4 and 5(a) are exempt but cannot be recovered from an unsuccessful defendant"},{"severity":"low","section_a":"sec.13(1)(b)(i)","section_b":"sec.13(2)","confidence":0.55,"description":"Section 13(1)(b)(i) includes defendants arrested 'with or without a warrant' within the scope of the bench charge sheet obligation, but sec.13(2) excludes charges for which a bench charge sheet is required under another Act — the interaction is potentially contradictory where an arrest warrant is issued under another Act (e.g. Bail Act 1980), triggering both inclusion under (1)(b)(i) and exclusion under (2) simultaneously"},{"severity":"low","section_a":"sec.22A(1)","section_b":"sec.21(1)","confidence":0.5,"description":"Section 22A exempts relevant courts and tribunals from fees under schedule 3, items 4 and 5. Section 21(1) exempts State-related complainants from items 1–4 and 5(a). A court or tribunal that is also a State-related complainant (e.g. a tribunal whose expenditure comes entirely from consolidated fund) would be subject to both provisions simultaneously, with potentially different scopes of exemption, creating interpretive conflict about which exemption regime governs and whether item 4 exemption conditions differ between the two sections."}]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation appears to maintain its original scope as an administrative procedural framework for the Justices Act 1886. While it has been amended to add electronic warrant procedures (2020) and fee exemptions (2022, 2024), these represent modernisation and expansion within the existing framework rather than mission creep into new substantive areas."},"complexity_factors":["Multiple cross-references to the parent Act (Justices Act 1886) and other legislation (Bail Act 1980, Domestic and Family Violence Protection Act 2012, etc.) without reproducing those provisions","Nested conditional logic in sections 15 and 16 regarding 'lead plea/decision sheets' for multiple charges","Defined terms scattered throughout (e.g., 'returnable place', 'State-related complainant', 'relevant court') plus a dictionary in Schedule 4 not fully reproduced in the extract","Transitional provisions preserving old rules for pending matters and validating past actions","Detailed prescription of information fields for electronic warrants (section 8) with multiple sub-categories","Fee calculation rules involving fee units and rounding mechanics (section 20A)"],"plain_english_summary":"This regulation sets out the administrative rules for how Queensland's Magistrates Courts handle warrants, summonses, and court documents. It covers:\n\n**Warrants and Summonses**\n- When someone asks a justice of the peace or magistrate to issue an arrest warrant or witness summons, they must file copies of the complaint or evidence with the court clerk—either immediately (if issued at a courthouse) or within 3 days (if issued elsewhere).\n- It allows certain warrants to be issued and executed electronically ('computer warrants'), including arrest warrants, bail warrants, and domestic violence warrants. Police can use electronic documents like 'Warrant Reports' instead of carrying paper warrants.\n\n**Court Paperwork**\n- **Bench charge sheets**: When police arrest someone or serve them with a notice to appear, they must give the court a formal charge sheet listing the defendant's name, the offence, and key details like time, place, and any aggravating circumstances.\n- **Bench cover sheets**: For matters that don't need full charge sheets, courts must record basic details (parties' names, nature of the complaint) and track any amendments, pleas, or decisions.\n- Special rules apply when multiple charges are dealt with together—courts can record one 'lead' decision and reference it on other related sheets.\n\n**Court Locations**\n- Defines which geographic areas fall under which Magistrates Court districts, including the 'metropolitan district' covering Brisbane and surrounding areas.\n\n**Costs and Fees**\n- Sets out the scale of legal costs that can be awarded in court cases.\n- Lists fees for filing documents, with exemptions for government bodies (the Crown, State entities), people requesting their own court records, and other Australian courts.\n- Explains how to round fees calculated in 'fee units'.\n\n**Why it matters**: This regulation keeps the wheels turning in Queensland's busy lower courts. It ensures warrants are properly documented, enables modern electronic policing tools, standardises court paperwork so defendants know what they're charged with, and sets the financial rules for accessing justice."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This regulation replaces the Justices Regulation 2004 (sec 23) and embeds new or clarified procedural elements that were not all present in the repealed instrument. Notable scope changes evident within the instrument include: formal prescription of which warrant types may be handled as computer warrants (sec 6); delegation of detailed operational procedure for e‑warrants to the chief executive and police commissioner with those procedures published and relied upon (sec 7); prescriptive requirements for the information a computer‑warrant document must contain (sec 8) and the use of prescribed documents such as the ‘Warrant Report’ for executing outstanding warrants (sec 10); new rounding rules for fees expressed in fee units (sec 20A); and expanded fee‑exemption provisions (secs 21–22A). The regulation also provides transitional provisions to preserve certain prior filing and recording treatments for matters begun under the repealed regulation (secs 24–27), indicating both continuity and change in operational scope."},"complexity_factors":["Extensive cross‑references to provisions of the Act and to other statutes (e.g. Act, Bail Act 1980, Police Powers and Responsibilities Act 2000) which require users to consult multiple instruments (secs 4–6, 13, 17).","Multiple procedural permutations depending on location (at a place appointed for holding a Magistrates Court versus other places) and time windows (immediate versus within 3 days) for filing (secs 4, 5, 12).","Integration of electronic/computer warrant procedures with delegated, published administrative documents (chief executive and police commissioner procedures) introducing reliance on external operational materials (sec 7).","Prescriptive data‑field requirements for computer warrants and prescribed documents, which create technical validation needs for IT systems and policing processes (secs 8, 10).","Layered fee rules including schedules, exemptions (State‑related complainants; persons about whom decisions were made; specified external courts/registry officials), rounding rules for fee units, and transitional fee rules (secs 19–22A, 20A, 24).","Court recording rules that require cross‑referencing and lead‑sheet mechanics where multiple charges or decisions are involved, increasing administrative record complexity (secs 15–16).","Transitional provisions preserving prior recording and fee arrangements, requiring attention to pre‑ and post‑amendment treatments (secs 24–27).","Amendments recorded across different years (annotations in the text) implying evolving scope and the need to track historical and current versions for full understanding."],"plain_english_summary":"- What this regulation does\n\n  The Justices Regulation 2014 sets out procedural rules for how certain magistrates‑court and justice‑of‑the‑peace processes must be handled. It prescribes practical steps for issuing and filing warrants and summonses, defines what police must give the courts at charge time, requires particular information to be recorded on bench charge sheets and bench cover sheets, prescribes how computer/electronic warrants are to be treated, fixes scales of costs and court fees (by reference to schedules), and establishes the Magistrates Courts districts and places for holding courts (see secs 4–18, 19–22, schs 1–3). It also repeals the earlier 2004 regulation and contains transitional provisions for some pre‑existing filings (secs 23–27).\n\n- Who this affects\n\n  - Complainants and people who ask a justice to issue a warrant or summons: they must file copies of complaints, sworn evidence or summonses with the appropriate court clerk and in some cases pay filing fees (secs 4, 5, 12).  \n  - Police officers and arresting officers: they must provide bench charge sheets to court clerks when a person is arrested or served with a notice (sec 13), and certification obligations for particular electronic or prescribed documents are to be carried out by the arresting officer (secs 9, 11).  \n  - Courts and court clerks: courts must record or ensure recording of pleas, amendments and decisions on bench charge sheets or bench cover sheets, and keep or publish maps showing court districts (secs 14–17).  \n  - Defendants: may be required by a court to pay filing fees in specified circumstances (see sec 21).  \n  - Relevant State agencies and officials: the chief executive and police commissioner may make and publish approved procedures for issuing computer warrants (sec 7); police provide and maintain prescribed documents (sec 10).\n\n- How it matters mechanically (basic mechanics and required behaviour)\n\n  - Filing obligations: If a warrant of apprehension (Act, ss 57 or 59) is issued on a complaint, the complainant must file a copy of the complaint with the nearest clerk either immediately (if at a Magistrates Court location) or within 3 days (sec 4). Similarly, if a person requests a witness warrant (Act, s 81) or a summons (Act, ss 78 or 83), they must file any written evidence relied on and/or a copy of the summons with the clerk and pay the applicable filing fee (secs 5, 12).  \n  - Electronic/computer warrants: The regulation lists the types of warrants that may be handled as computer warrants (sec 6). It approves particular procedural documents made by the chief executive and by the police commissioner for handling e‑warrants and computer warrants (sec 7). When a computer warrant is executed from a document produced under those procedures, the document must contain a specified set of information about the warrant, the person, and the alleged offence (sec 8). Certification of certain electronic/prescribed documents is to be done by the arresting officer (secs 9, 11).  \n  - Bench charge sheets and cover sheets: Police must give a separate bench charge sheet for each relevant charge to the clerk, and the bench charge sheet must state defendant/complainant names and adequate particulars of the charge (secs 13–14). Courts must ensure pleas, amendments and decisions are recorded on the relevant sheet or a lead sheet and that court file numbers are cross‑referenced across sheets when one entry covers multiple charges (secs 15–16). Courts may make any other appropriate entries (sec 15).  \n  - Costs and fees: The regulation sets the scale of costs for particular parts of the Act in schedule 2 (sec 19) and lists fees payable to the clerk in schedule 3 (sec 20). It also sets rounding rules for fees expressed in fee units (sec 20A) and provides specific fee exemptions (State‑related complainants, individuals seeking their own decision records, and certain Australian courts/registry officials) (secs 21–22A).  \n  - Administrative geography: The regulation lists district names, areas and places for holding Magistrates Courts and obliges the chief executive to keep maps and make them available to the public (sec 17) and defines the metropolitan district (sec 18).  \n\n- Who pays, who decides, and incentives created (with section references)\n\n  - Who pays: complainants or persons applying for warrants/summonses must generally pay filing fees when required by the schedules (secs 5, 12, 20). The regulation disapplies some fees for State‑related complainants and for persons requesting their own decision records (secs 21–22); courts must order defendants to reimburse certain filing fees where a State‑related complainant obtained an order against a defendant (sec 21(2)). The clerk of the court is the recipient of fees (sec 20).  \n  - Who decides: justices and courts exercise decision and recording functions (secs 4–5, 13–16). Executive officials (chief executive, police commissioner) decide operational procedures for electronic warrants and publish them (sec 7). Arresting officers perform required certifications for prescribed documents (secs 9, 11).  \n  - Incentives and cost‑shifting: filing and payment obligations create a direct compliance cost for private complainants and applicants (secs 4, 5, 12, sch 3). Where the State (or State‑funded entity) is the complainant, the regulation removes upfront filing costs for that complainant but requires a court‑ordered cost shift to the unsuccessful defendant where an order is made (sec 21). The approved‑procedures model delegates much of the operational design of e‑warrant handling to departmental agencies (sec 7), creating incentives to use those published electronic processes and to rely on the prescribed document formats (secs 8, 10).  \n\n- Compliance burden, discretion and implementation risks\n\n  - Compliance burden: Timely filing obligations (immediate at a Magistrates Court location or within 3 days if elsewhere) and payment of filing fees are imposed on users who request warrants or summonses (secs 4, 5, 12). Police must deliver bench charge sheets for each charge and may do so electronically (sec 13). Courts must create and maintain detailed records on bench charge sheets or cover sheets, including cross‑references when one entry covers multiple charges (secs 14–16).  \n  - Bureaucratic discretion and delegation: The chief executive and the police commissioner may make and publish the procedural rules used to operate e‑warrants (sec 7). Courts may permit any additional entries they consider appropriate on bench charge sheets (sec 15). These provisions give administrative actors scope to determine formats and operational detail, while the regulation prescribes the required content for computer‑warrant documents (sec 8).  \n  - Implementation risks: The regulation requires accurate electronic documents and specific data fields when executing computer warrants (sec 8), and it relies on agency‑published procedures and systems (sec 7) and on police‑generated prescribed documents such as the ‘Warrant Report’ (sec 10). Operational failures—missing fields, delays in filing, or IT/process defects—could disrupt execution or record accuracy. The regulation mitigates some transitional risk by preserving or recognising prior recordings and fee‑ordering rules for pre‑existing filings (secs 24–27).  \n\n- Trade‑offs and opportunity costs (procedural focus)\n\n  - The regulation standardises and formalises information and filing rules (secs 4–16, 8), which reduces ambiguity about required content but increases the volume of data and timeliness obligations for parties and agencies.  \n  - It offloads detailed operational design for electronic warrants to department procedures (sec 7). That concentrates execution knowledge in government agencies (who set and publish the procedures) while reducing the regulation’s level of technical detail.  \n\n- Concrete items to note (short checklist)\n\n  - File copies and pay fees when asking for warrants or summonses (secs 4, 5, 12).  \n  - Police must supply bench charge sheets for each charge and may do so electronically (sec 13); bench charge sheets must include specified particulars (sec 14).  \n  - Computer warrants are permitted for specified warrant types (sec 6); approved procedures are those published by the chief executive and police commissioner (sec 7); documents executing computer warrants must include listed fields (sec 8).  \n  - The regulation sets cost scales and fees (sec 19, 20 and schedules), rounding rules for fee‑unit calculations (sec 20A), and specified fee exemptions and cost‑shifting rules (secs 21–22A).  \n\n(Primary references: Justices Regulation 2014, sections 4–22A, 23–27, and schedules as cited above.)"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulation appears to remain consistent with its original intent: providing procedural machinery for the Justices Act 1886 in Queensland. The 2018 and 2020 amendments refined existing provisions (updating warrant types for computer warrants, clarifying recording of pleas and decisions) rather than expanding scope. The 2022 and 2024 amendments added fee-rounding rules and a new fee exemption for Australian courts and tribunals, which are minor administrative extensions still within the core scope of regulating court fees and procedures."},"complexity_factors":["Cross-references to multiple other Queensland Acts (Justices Act 1886, Bail Act 1980, Police Powers and Responsibilities Act 2000, Domestic and Family Violence Protection Act 2012, Youth Justice Act 1992, Penalties and Sentences Act 1992, State Penalties Enforcement Act 1999, Criminal Practice Rules 1999)","Distinguishes between different warrant types (computer warrants, written warrants, apprehension warrants, witness warrants) with different procedural requirements for each","Parallel document tracking system for bench charge sheets and bench cover sheets with lead charge sheet/cover sheet concepts for multi-charge matters","Geographic complexity in defining court districts — referencing repealed local government boundaries and using maps/area maps as living documents","Fee structure involves 'fee units' rather than fixed dollar amounts, requiring a separate rounding calculation","Multiple layers of fee exemptions with different qualifying criteria (State complainants, self-represented persons seeking own records, courts and tribunals)","Transitional provisions applying pre-amendment rules retrospectively, creating two temporal versions of the same sections","Cost scale applies differently depending on whether the matter is a complaint or an appeal (20% uplift for District Court appeals)"],"plain_english_summary":"## Justices Regulation 2014 (Queensland)\n\n### What is this?\nThis is a Queensland government regulation that sets out the detailed rules for how the Magistrates Court system operates day-to-day. It works alongside the *Justices Act 1886* (the main law governing magistrates and justices of the peace in Queensland).\n\n### Who does it affect?\n- **People who've been arrested or charged with an offence** — it controls how their charge paperwork must be completed and filed\n- **Police officers** — it tells them exactly what forms to fill out and hand to the court when they charge someone\n- **Witnesses** — it governs how they can be summoned (legally ordered) to appear in court\n- **People applying to Magistrates Courts** — it sets the fees they must pay\n- **Government agencies** — some are exempt from paying certain court fees\n- **Courts themselves** — it tells magistrates and court staff what they must record on official documents\n\n### What does it actually do?\n\n**Warrants (legal orders to arrest someone or compel a witness to attend)**\n- When a warrant is issued, the person who applied for it must file paperwork with the court — immediately if issued at a courthouse, or within 3 days if issued elsewhere\n- It lists which types of warrants can be stored and transmitted electronically (\"computer warrants\") — covering warrants under multiple Queensland laws including the Bail Act, Domestic and Family Violence Protection Act, and Youth Justice Act\n- Sets out exactly what information must appear on electronic warrant documents, including the person's name, address, offence details, and warrant reference number\n\n**Charge paperwork (\"bench charge sheets\" and \"bench cover sheets\")**\n- When police arrest someone or serve them a notice to appear, they must give the court a separate \"bench charge sheet\" (a formal document recording the charge) for each charge — this can be done electronically\n- The charge sheet must include the defendant's name, the offence, where and when it allegedly happened, and details of any aggravating circumstances\n- Courts must keep these documents updated with pleas (guilty/not guilty) and final decisions\n\n**Court locations**\n- The regulation maps out which areas of Queensland each Magistrates Court district covers, including the Brisbane metropolitan district and its subdivisions\n\n**Fees and costs**\n- Sets the filing fees people must pay to the court clerk\n- **Government bodies** (like the police or Crown) don't have to pay upfront filing fees, but if they win their case, the court must order the losing defendant to pay those fees\n- **People getting a copy of their own court record** don't have to pay for it\n- **Other Australian courts and tribunals** (like the Federal Circuit and Family Court) are also fee-exempt\n- Sets a scale (upper limit) for legal costs that can be awarded in proceedings — meaning there's a cap on how much a winning party can claim back for their lawyer's fees\n\n### Why does it matter to you?\nIf you're **charged with an offence** in Queensland, this regulation governs how your charge is formally recorded and what information police must provide to the court. If you're **summoned as a witness**, it controls how that process works. If you're **going to court for any reason**, it determines what fees you might need to pay. The fee exemptions mean that if you're being prosecuted by a government agency and you win, the agency effectively still has to pay court filing costs."}},"importantCases":[],"_links":{"self":"/api/acts/justices-regulation-2014","history":"/api/acts/justices-regulation-2014/history","analysis":"/api/acts/justices-regulation-2014/analysis","conflicts":"/api/acts/justices-regulation-2014/conflicts","importantCases":"/api/acts/justices-regulation-2014/important-cases","documents":"/api/acts/justices-regulation-2014/documents"}}