{"id":"a-1930-21","name":"Magistrates Court Act 1930","slug":"magistrates-court-act-1930","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"21 of 1930","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23331,"registerId":"act-a-1930-21-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Div 3","sectionType":"division","heading":"8.2B Waiver of infringement notice penalties","content":"Division 3.8.2B Waiver of infringement notice penalties\n131AE Application for waiver of penalty 113\n131AF Application for waiver of penalty—decision 113\n131AG Guidelines for waiver of penalty 114\n131A Meaning of infringement notice 114\n131B Service of infringement notice on responsible person for vehicles 115\n131C Liability for vehicle-related offences 116\n131D Illegal user declarations 117\n\nPage\ncontents 9\n131E Known offender declarations 119\n131F Sold vehicle declarations 120\n131G Unknown offender declarations 122\nDivision 3.8.4 Disputing liability for infringement notices\n132 Disputing liability for infringement notice offence 123\n134 Procedure if liability disputed 123\nDivision 3.8.5 Infringement notices—other provisions\n134A Authorised people for infringement notice offences 125\n135 Delegation of administering authority’s functions 126\n136 Evidentiary certificates 126\nDivision 3.9.1 Enforcement of criminal decisions—general\n141 Minute of decision and notice to defendant 128\n142 Formal convictions and orders 129\n143 Consequences if information dismissed 129\n144 Copies of informations and other documents 129\nDivision 3.9.3 Reciprocal enforcement of fines against bodies\ncorporate\n166A Definitions for div 3.9.3 130\n166B Declarations relating to reciprocating courts 131\n166C Enforcement of fine 131\n166D Effect of enforcement by reciprocating court 133\n166E Registrar to notify payment of territory fine 133\nDivision 3.9.4 Enforcement of criminal decisions—other provisions\n184 Enforcement of costs against informant 133\n191 Accounts to be kept of amounts received 134\n193 Forfeited goods may be sold 134\n194 Enforcement order not void for form only 134\n195 Convictions etc to be given to Supreme Court registrar 134\nDivision 3.10.1 Criminal appeals—jurisdiction of Supreme Court\n207 Jurisdiction of Supreme Court 135\n\nPage\ncontents 10 Magistrates Court Act 1930\n208 Appeals to which div 3.10.2 applies 135\n209 Institution of appeal 137\n210 Substituted service of notice of appeal 138\n214 Appeals in cases other than civil cases 138\n216 Stay of execution pending appeal in certain cases 139\n218 Orders by Supreme Court on appeals 140\n219 No right of appeal under div 3.10.2 if review appeal 140\nDivision 3.10.2A Reference appeals in criminal matters\n219A What is a reference appeal? 141\n219AB Reference appeal in relation to proceeding 141\n219AC Who may be heard at reference appeal 141\n219AD Reference appeal decision does not affect verdict 142\n219B Decisions subject to review appeal 142\n219C How review appeal is instituted 143\n219D Grounds for review 144\n219E Report by Magistrate 145\n219F Powers of Supreme Court 145\n222 Control of Supreme Court over summary convictions 147\n223 Amendment of documents 148\n224 In cases of certiorari order 148\n225 Notice dispensed with 149\n226 Power of court to admit to bail 149\n227 Respecting the amendment of convictions etc 150\n228 No summons or information 150\n229 Distribution of penalty 151\n244 Costs in criminal matters 152\n248 Meaning of security—pt 3.12 153\n\nPage\ncontents 11\n249 Securities taken under Act 153\n250 Recovery of amount due under security 153\n252 Sums paid by surety may be recovered from principal 153\n253 Payment enforced by security 154\n254 Enforcement of recognisance 154\n256 Application of ch 4 156\n257 Personal actions at law—amount or value 157\n258 Power of court to grant relief 158\n259 Rules of equity to prevail 158\n260 Nuisance 159\n261 Disputed debts 159\n262 Cause of action arising, or defendant resident, outside ACT 159\n263 Requests under conventions relating to legal proceedings in civil and\ncommercial matters 160\n264 Proceedings affecting title to land 160\n265 Disputes under Residential Tenancies Act 160\n266 Complaints under Utilities Act, pt 12 161\n266A Civil disputes under ACT Civil and Administrative Tribunal Act 161\n266B Enforcement of ACT Civil and Administrative Tribunal order—\nrepresentation 162\n266C Object of pt 4.2A 163\n266D Application of pt 4.2A 163\n266E Definitions—pt 4.2A 164\n266F Fair work claim—compulsory mediation 165\n266G Fair work small claim—representation by official of industrial\nassociation 165\n266H Fair work small claim that is fair work general claim 165\n\nPage\ncontents 12 Magistrates Court Act 1930\n266I Combined fair work matter—procedure if removed from ACAT 166\n266J Fair work claim—deciding or adjourning proceedings 166\nPart 4.3 Case stated for Supreme Court\n267 Case stated 167\nPart 4.4 Transfer of proceedings from or to Supreme\nCourt\n268 Transfer of action from Supreme Court 168\n269 Procedure on transfer of action from Supreme Court 168\n270 Removal of proceedings into Supreme Court 169\n271 Stay of proceedings 169\n272 Meaning of appeal—pt 4.5 170\n273 Jurisdiction 170\n274 Cases in which appeal may be brought 170\n276 Evidence on appeal 171\n287 Childrens Court 172\n288 Jurisdiction of Childrens Court 172\n289 Procedure for proceedings where children jointly charged with adults 173\n290 Chief Magistrate to arrange business of Childrens Court 174\n291 Childrens Court Magistrate to hear all matters 174\n291A Childrens Court Magistrate 175\n291B Acting Childrens Court Magistrate 175\n291C Assignment of other magistrates for Childrens Court matters 176\n291D Completion of part-heard matters 177\n\nPage\ncontents 13\n291E Procedures for hearing indictable offences 178\n291F Childrens Court may adjourn hearings to allow access to legal advice 178\n291G Childrens Court may send cases to Supreme Court for sentencing 179\n291GA Warrumbul Court 180\n291GB Directions about procedure for Warrumbul Court 180\nPart 4B.1 Preliminary\n291H Meaning of family violence offence 181\n291I Purpose—ch 4B 181\n291J Family Violence Court 182\n291K Jurisdiction of Family Violence Court 182\n291M Galambany Court 184\n291N Directions about procedure for Galambany Court 184\nPart 4D.1 Preliminary\n291O Definitions—ch 4D 185\n291P Industrial Court 186\n291Q Jurisdiction of Industrial Court 186\n291R Chief Magistrate to arrange business of Industrial Court 188\n291S Industrial Court Magistrate to hear all matters 189\n291T Transfer of industrial or work safety matter to Supreme Court 189\n\nPage\ncontents 14 Magistrates Court Act 1930\n291U Industrial Court Magistrate 190\n291V Acting Industrial Court Magistrate 190\n291W Assignment of other magistrates for Industrial Court matters 191\n291X Industrial Court—completion of part-heard matters 191\nPart 5.1 Offences\n292 Failure to comply with order in nuisance action 193\n298 Prejudice to employee 193\n307 Contempt of court 194\n308 Magistrates Court’s seal 194\n309 Directions about procedure 195\n310 Hearings generally to be in public 195\n311 Appearance by audiovisual or audio links etc 196\n312 Failure to give evidence—committal 197\n314 Registrar to give directions for preparation of transcript 198\n315 Applications for transcripts 199\n316 Record of proceedings 200\n317 Record of proceedings and transcript 202\n318 Person about to leave ACT may be ordered to be examined or\nproduce documents 204\n319 Witnesses’ rights and liabilities 204\n320 Depositions to be given to registrar 205\n320A Family violence offence information 205\n321 Regulation-making power 206\nChapter 15 Transitional—Crimes (Disclosure) Legislation\nAmendment Act 2024\n476 Meaning of commencement day—ch 15 207\n477 Committal proceedings—person charged before commencement day 207\n\nPage\ncontents 15\n478 Expiry—ch 15 207\nSchedule 1 Oath and affirmation of office 208\nSchedule 2 ACT and corresponding courts 209\nDictionary 210\n1 About the endnotes 218\n2 Abbreviation key 218\n3 Legislation history 219\n4 Amendment history 247\n5 Earlier republications 319\n6 Expired transitional or validating provisions 330\n\nAn Act to establish a Magistrates Court, to provide for the appointment of\nmagistrates, and for other purposes\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Magistrates Court Act 1930.\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘vehicle, for part 3.8 (Infringement\nnotices for certain offences)—see the Road Transport (Vehicle\nRegistration) Act 1999, dictionary.’ means that the term ‘vehicle’ is\ndefined in that dictionary and the definition applies to part 3.8.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nThe court Part 2.1\n","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Magistrates Court and","content":"Chapter 2 Magistrates Court and\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Constitution of court","content":"4 Constitution of court\n(1) The Magistrates Court is continued in existence.\n(2) The jurisdiction of the court may be exercised by a magistrate (other\nthan a special magistrate) or by 1 or more special magistrates.\n(3) If 2 or more special magistrates are divided in opinion on a case, the\ncase must be—\n(a) if there is a majority—decided according to the decision of the\nmajority; or\n(b) if the court is equally divided in opinion—adjourned for hearing\nand decision by a magistrate (other than a special magistrate).\n(4) The rules may provide for the jurisdiction of the court otherwise\nexercisable by a magistrate to be exercised by the registrar, in the\ncases and subject to the conditions prescribed under the rules.\n(5) For the purposes of the exercise of jurisdiction given to the registrar\nunder the rules, this Act has effect, subject to this section, as if the\ncourt consisted of the magistrates and the registrar.\n(6) In this section:\nregistrar includes deputy registrar.\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Arrangement of court business","content":"5 Arrangement of court business\n(1) The Chief Magistrate is responsible for ensuring the orderly and\nprompt discharge of the Magistrates Court’s business.\n\n(2) The Chief Magistrate may, subject to consultation with the\nmagistrates that is appropriate and practicable, make arrangements\nabout a magistrate who is to constitute the court in particular matters\nor classes of matters.\nmagistrate includes special magistrate.\n","sortOrder":6},{"sectionNumber":"5A","sectionType":"section","heading":"Magistrate for matter not available","content":"5A Magistrate for matter not available\n(1) This section applies if a person who is a magistrate constituting the\ncourt in a particular civil matter, ceases to hold office as a magistrate,\nor ceases to be available, before the magistrate finishes dealing with\nthe matter.\n(2) The Chief Magistrate must arrange for another magistrate to\nconstitute the court in the matter.\n(3) The other magistrate may deal with the matter as the other magistrate\nExample\ndeal with the matter afresh\n(4) In this section:\nceases to be available––a person ceases to be available for a matter\nif the person is unable to act as a magistrate in relation to the matter\nbecause of illness, absence or an inability or unwillingness to deal\nwith the matter.\nmatter includes a class of matters.\n\nMagistrates other than special magistrates Division 2.2.1\nPart 2.2 Appointment and jurisdiction of\nDivision 2.2.1 Magistrates other than special\n6 Meaning of magistrate in div 2.2.1\nmagistrate means—\n(a) the Chief Magistrate; or\n(b) a person who is appointed under section 7 as a magistrate.\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Appointment of Chief Magistrate and other magistrates","content":"7 Appointment of Chief Magistrate and other magistrates\n(1) There is to be a Chief Magistrate and other magistrates.\n(2) The Chief Magistrate and other magistrates are appointed by the\nExecutive.\nNote For the making of appointments (including acting appointments), see the\n(3) If a magistrate is appointed as the Chief Magistrate, the person stops\nholding the position of magistrate.\n7AA Requirements of appointment—magistrates\n(1) The Executive must, in relation to the appointment of magistrates,\ndetermine—\n(a) the criteria that apply to the selection of a person for\nappointment; and\n(b) the process for selecting the person.\n(2) A determination is a notifiable instrument.\n\n","sortOrder":8},{"sectionNumber":"Div 2","sectionType":"division","heading":"2.1 Magistrates other than special magistrates","content":"Division 2.2.1 Magistrates other than special magistrates\n","sortOrder":9},{"sectionNumber":"7A","sectionType":"section","heading":"Eligibility for appointment as magistrate","content":"7A Eligibility for appointment as magistrate\nA person is not eligible for appointment as a magistrate unless the\nperson is a lawyer and has been a lawyer for at least 5 years.\n","sortOrder":10},{"sectionNumber":"7B","sectionType":"section","heading":"Seniority of magistrates","content":"7B Seniority of magistrates\nMagistrates other than the Chief Magistrate have seniority according\nto—\n(a) the dates their appointments took effect; or\n(b) if the appointments of 2 or more of them took effect on the same\ndate—the precedence given to them by the instruments of their\nappointment.\n","sortOrder":11},{"sectionNumber":"7C","sectionType":"section","heading":"Conditions of appointment of magistrates","content":"7C Conditions of appointment of magistrates\n(1) A magistrate holds the position on the conditions (if any) about\nmatters not provided for under this Act or another territory law that\nare decided by the Executive.\n(2) A person’s appointment as a magistrate is taken to be on a full-time\nbasis unless the instrument of appointment states that the appointment\nis on a part-time basis.\n(3) A magistrate may, by written agreement with the Chief Magistrate,\nand with the approval of the Attorney-General—\n(a) if the magistrate is appointed on a full-time basis—arrange to\nwork on a part-time basis; or\n(b) if the magistrate is appointed on a part-time basis—arrange to\nwork on a full-time basis.\n\nMagistrates other than special magistrates Division 2.2.1\n","sortOrder":12},{"sectionNumber":"7D","sectionType":"section","heading":"Term of appointment of magistrates","content":"7D Term of appointment of magistrates\n(1) A magistrate is appointed for the term ending when the magistrate\nturns 70 years old.\nNote 1 The Judicial Commissions Act 1994, s 4 provides that a magistrate may\nonly be removed from office in accordance with that Act.\nNote 2 A magistrate’s appointment also ends if the magistrate resigns (see\nLegislation Act, s 210).\n(2) A person who is at least 70 years old must not be appointed as a\nmagistrate.\n","sortOrder":13},{"sectionNumber":"7E","sectionType":"section","heading":"Acting Chief Magistrate","content":"7E Acting Chief Magistrate\n(1) The Executive may appoint a magistrate to act as Chief Magistrate.\nNote See the Legislation Act, s 209, div 19.3.2 and div 19.3.2A about acting\nappointments.\n(2) If no appointment is made under subsection (1), the senior magistrate\nwho is in the ACT and is able and willing to act must act as Chief\nMagistrate.\n(3) Despite the Legislation Act, section 209 (2), the determination\nmentioned in section 7AA does not apply to the appointment of an\nacting Chief Magistrate.\n","sortOrder":14},{"sectionNumber":"7F","sectionType":"section","heading":"Retirement","content":"7F Retirement\n(1) This section applies if a magistrate is—\n(a) an eligible employee for the Superannuation Act 1976 (Cwlth);\nor\n(b) a member of the superannuation scheme for the Superannuation\nAct 1990 (Cwlth); or\n(c) a member of any other superannuation scheme determined by\nthe Attorney-General.\n\n(2) The Executive may retire the magistrate on the ground of invalidity\nwith the magistrate’s consent.\n(3) A determination under subsection (1) (c) is a notifiable instrument.\n","sortOrder":15},{"sectionNumber":"7G","sectionType":"section","heading":"Magistrates not to do other work","content":"7G Magistrates not to do other work\n(1) A magistrate must not practise as a lawyer.\n(2) A magistrate must not, without the Attorney-General’s written\nconsent—\n(a) engage in remunerative employment otherwise than in\nconnection with duties as a magistrate; or\n(b) accept appointment to another position under a law of the\nTerritory, the Commonwealth, a State or another Territory.\n(3) The Attorney-General must consult with the Chief Magistrate before\ngiving consent.\n","sortOrder":16},{"sectionNumber":"7H","sectionType":"section","heading":"Rights of public servants","content":"7H Rights of public servants\n(1) A magistrate who was a public servant or APS employee immediately\nbefore his or her appointment keeps his or her existing and accruing\nrights.\nAPS employee—see the Public Service Act 1999 (Cwlth), section 7.\n","sortOrder":17},{"sectionNumber":"8","sectionType":"section","heading":"Appointment of special magistrates","content":"8 Appointment of special magistrates\nThe Executive may appoint special magistrates.\nNote For the making of appointments (including acting appointments), see the\n\nSpecial magistrates Division 2.2.2\n8AA Requirements of appointment—special magistrates\n(1) The Executive must, in relation to the appointment of special\nmagistrates, determine—\n(a) the criteria that apply to the selection of a person for\nappointment; and\n(b) the process for selecting the person.\n(2) A determination is a notifiable instrument.\n","sortOrder":18},{"sectionNumber":"8A","sectionType":"section","heading":"Term of appointment of special magistrates","content":"8A Term of appointment of special magistrates\n(1) A special magistrate is appointed—\n(a) for the term mentioned in the instrument of appointment; or\n(b) if a term is not mentioned—for the term ending when the special\nmagistrate turns 70 years old.\nNote 1 The Judicial Commissions Act 1994, s 4 provides that a magistrate may\nonly be removed from office in accordance with that Act.\nNote 2 A special magistrate’s appointment also ends if the special magistrate\nresigns (see Legislation Act, s 210).\n(2) A person who is at least 70 years old must not be appointed as a\nspecial magistrate.\n(3) A person must not be appointed as a special magistrate for a term that\nextends beyond the person’s 70th birthday.\n","sortOrder":19},{"sectionNumber":"8B","sectionType":"section","heading":"Conditions of appointment of special magistrates","content":"8B Conditions of appointment of special magistrates\nA special magistrate holds the position on the conditions (if any)\nabout matters not provided for under this Act or another territory law\nthat are decided by the Executive.\n\n","sortOrder":20},{"sectionNumber":"9","sectionType":"section","heading":"Appointment of registrar etc","content":"9 Appointment of registrar etc\n(1) The Minister may appoint a registrar of the Magistrates Court.\nNote 1 For the making of appointments (including acting appointments), see the\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\n(2) The registrar may appoint the deputy registrars of the court, bailiffs\nand other officers that are required.\n(3) In subsection (2):\nregistrar does not include a deputy registrar.\n","sortOrder":21},{"sectionNumber":"9B","sectionType":"section","heading":"Functions of registrar and deputy registrars","content":"9B Functions of registrar and deputy registrars\n(1) The registrar has power to administer oaths and may exercise the\nother functions given to the registrar under this Act, another territory\nlaw or an order of the court.\n(2) Subject to this Act and to any directions of the registrar, a deputy\nregistrar may exercise the functions of the registrar under this Act or\nanother territory law.\nmade or in force under the Act, including regulations and rules (see\nLegislation Act, s 104).\n(3) The exercise of a function by a deputy registrar does not affect the\npower of the registrar to exercise the function.\n\nJudicial officers exchange Division 2.2.3A\n","sortOrder":22},{"sectionNumber":"9C","sectionType":"section","heading":"Definitions—div 2.2.3A","content":"9C Definitions—div 2.2.3A\nACT court means a court of this jurisdiction mentioned in an item in\nschedule 2, column 2.\ncorresponding court, in relation to an ACT court mentioned in an\nitem in schedule 2, column 2, means a court of another jurisdiction\nmentioned in the item, column 3.\ncourt includes tribunal.\njudicial exchange arrangement means an arrangement under\nsection 9D.\njudicial officer means a magistrate or other person who, whether\nalone or together with others, constitutes a court, but does not include\na lay member of a court.\nparticipating jurisdiction means the Commonwealth, a State or\nanother country if under the law of that jurisdiction a judicial\nexchange arrangement may be entered into with the Attorney-General\nof this jurisdiction.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\nthis jurisdiction means the ACT.\n","sortOrder":23},{"sectionNumber":"9D","sectionType":"section","heading":"Establishment of judicial exchange arrangements","content":"9D Establishment of judicial exchange arrangements\n(1) The Attorney-General of this jurisdiction may enter into an\narrangement with the Attorney-General of a participating jurisdiction\nfor the temporary transfer of judicial officers between ACT courts\nand corresponding courts.\n(2) An arrangement under this section cannot provide for the transfer of\njudicial officers to a federal court of the Commonwealth.\n\n(3) Without limiting subsection (1), an arrangement under this section—\n(a) may require transfers to a court to be subject to the prior\napproval of either or both of the following:\n(i) the Attorney-General of this jurisdiction;\n(ii) the Attorney-General of the participating jurisdiction; and\n(b) may establish the manner and form in which a transfer to a court\nis to be made; and\n(c) may determine the rank, title, status and precedence of a\ntransferred judicial officer.\n","sortOrder":24},{"sectionNumber":"9E","sectionType":"section","heading":"Transfer of judicial officer of another jurisdiction to ACT","content":"9E Transfer of judicial officer of another jurisdiction to ACT\ncourt\n(1) This section applies if a judicial exchange arrangement provides for\nthe transfer to an ACT court of a judicial officer of a corresponding\n(2) The Chief Magistrate may, in accordance with the judicial exchange\narrangement and with the agreement of the senior judicial officer of\nthe corresponding court, appoint a judicial officer of the\ncorresponding court to act as a judicial officer of the ACT court.\n(3) The judicial officer of the corresponding court is qualified for\nappointment despite any law of this jurisdiction to the contrary.\n(4) The maximum term for which an appointment under this section may\nbe made on any one occasion is 6 months.\n(5) However, an appointment under this section may not extend beyond\nthe retirement age for judicial officers of the ACT court.\n(6) A judicial officer of a corresponding court may be appointed under\nthis section to more than one ACT court.\n\nJudicial officers exchange Division 2.2.3A\n(7) A judicial officer whose appointment under this section has ceased\nmay complete or otherwise continue to deal with any matters relating\nto proceedings in the ACT court that have been heard, or partly heard,\nby the judicial officer before the appointment under this section\nceased.\n","sortOrder":25},{"sectionNumber":"9F","sectionType":"section","heading":"Service in ACT court of judicial officer of another","content":"9F Service in ACT court of judicial officer of another\njurisdiction\n(1) This section applies to a judicial officer of a corresponding court who\nis appointed to act as a judicial officer of an ACT court in accordance\nwith a judicial exchange arrangement.\n(2) While acting as a judicial officer of the ACT court, the judicial officer\nof the corresponding court has all the powers, authorities, privileges\nand immunities of, and is taken to be for all purposes, a judicial\nofficer of the ACT court.\n(3) Despite subsection (2), territory laws concerning the following\nmatters do not apply to the judicial officer of the corresponding court\nwhile acting as a judicial officer of the ACT court:\n(a) the remuneration, allowances and other conditions of service of\njudicial officers;\n(b) the pension or other superannuation entitlements of judicial\nofficers and related provisions;\n(c) the removal or suspension of judicial officers from office.\n","sortOrder":26},{"sectionNumber":"9G","sectionType":"section","heading":"Service of ACT judicial officer in corresponding court","content":"9G Service of ACT judicial officer in corresponding court\n(1) This section applies to a judicial officer of an ACT court who is\nappointed to act as a judicial officer of a corresponding court in\naccordance with a judicial exchange arrangement.\n\n(2) The judicial officer’s service as a judicial officer of the corresponding\ncourt is taken to be service as a judicial officer of the ACT court for\nthe purposes of territory laws about—\n(a) the remuneration, allowances and other conditions of service of\njudicial officers; and\n(b) the pension or other superannuation entitlements of judicial\nofficers and related provisions; and\n(c) the removal or suspension of judicial officers from office.\n","sortOrder":27},{"sectionNumber":"9H","sectionType":"section","heading":"Judicial office not affected by appointment to another","content":"9H Judicial office not affected by appointment to another\njudicial office\n(1) In this section:\ncourt includes a tribunal (however described) that exercises functions\nof a judicial nature or functions of a similar nature (such as\nconciliation functions, arbitration functions, disciplinary functions or\nadministrative review functions).\njudicial office extends to the office of any member of a court, but\nonly if the holder of the office is required to be a judicial officer or\nhave legal qualifications.\n(2) The doctrine of incompatibility of office—\n(a) does not operate to prevent the holder of a judicial office\n(the original office) from being appointed to another judicial\noffice (the additional office); and\n(b) does not operate to effect or require the surrender or vacation of\nthe original office as a result of the appointment to the additional\noffice.\n(3) This section applies—\n(a) even if the original office or the additional office is held on an\nacting or temporary basis; and\n\nJurisdiction of magistrates Division 2.2.4\n(b) even if the original office or the additional office is a judicial\noffice of another jurisdiction (including, but not limited to,\njudicial offices to which appointments are made under\nsection 9E); and\n(c) even if an appeal lies from a decision of the court of one of the\njudicial offices to the court of the other judicial office; and\n(d) even if the courts of the judicial offices are not of the same\nstatus.\n","sortOrder":28},{"sectionNumber":"9I","sectionType":"section","heading":"Other arrangements not affected","content":"9I Other arrangements not affected\nThis division does not limit or affect any other arrangements under\nwhich—\n(a) a judicial officer of another jurisdiction may be appointed or act\nas a judicial officer of this jurisdiction; or\n(b) a judicial officer of this jurisdiction may be appointed or act as\na judicial officer of another jurisdiction.\n","sortOrder":29},{"sectionNumber":"9J","sectionType":"section","heading":"Amendment of sch 2","content":"9J Amendment of sch 2\nA regulation may amend schedule 2.\n","sortOrder":30},{"sectionNumber":"10P","sectionType":"section","heading":"Oath etc of office","content":"10P Oath etc of office\n(1) A person appointed as the Chief Magistrate, a magistrate or special\nmagistrate must not exercise the functions given to a magistrate under\nany territory law unless the person has sworn an oath or made an\naffirmation in accordance with the form in schedule 1.\n(2) The oath must be sworn or affirmation made before the Chief Justice.\n\n","sortOrder":31},{"sectionNumber":"11","sectionType":"section","heading":"Acts done beyond ACT","content":"11 Acts done beyond ACT\n(1) An act done by a magistrate, because of his or her office, outside the\nACT for the purpose of authenticating the signature of a person to an\ninstrument intended to take effect in the ACT is, unless the act is\nrequired by law to be done in the ACT, effective for any territory law.\n(2) An oath or affirmation administered by a magistrate, because of his\nor her office, outside the ACT in any case in which an oath or\naffirmation may be administered by a magistrate is, unless the oath or\naffirmation is required by law to be administered in the ACT,\neffective for any territory law.\n","sortOrder":32},{"sectionNumber":"12","sectionType":"section","heading":"Acts by magistrate out of court etc","content":"12 Acts by magistrate out of court etc\n(1) Any magistrate out of court or the registrar may do all or any of the\nfollowing:\n(a) receive an information;\n(b) issue a summons or warrant on an information;\n(c) issue a summons or warrant to compel the attendance of a\nwitness;\n(d) do anything else that is necessary and preliminary to a hearing.\n(2) Without limiting subsection (1), if a law in force in the ACT provides\nthat an information or complaint may be laid or made before, or a\nsummons or warrant issued by, a court or justice of the peace, the\ninformation or complaint may be laid or made, and the summons or\nwarrant may be issued, by a magistrate or the registrar.\n","sortOrder":33},{"sectionNumber":"13","sectionType":"section","heading":"Making of enforcement order after case decided","content":"13 Making of enforcement order after case decided\nAfter a case has been heard and decided, any magistrate or the\nregistrar may make an enforcement order for the purposes of the case.\n\nJurisdiction of magistrates Division 2.2.4\n","sortOrder":34},{"sectionNumber":"15","sectionType":"section","heading":"Process not invalid only because of death of magistrate","content":"15 Process not invalid only because of death of magistrate\netc\nA summons or warrant issued, or order made, by a magistrate or\nregistrar is not invalid only because of the magistrate or registrar\ndying or otherwise ceasing to hold the position.\n","sortOrder":35},{"sectionNumber":"16","sectionType":"section","heading":"Order instead of mandamus order","content":"16 Order instead of mandamus order\n(1) If a magistrate or registrar refuses to do any act relating to the duties\nof his or her office as a magistrate or registrar, the party requiring the\nact to be done may apply to the Supreme Court for an order calling\non the magistrate or registrar and also the party to be affected by the\nact to show cause why the act should not be done, and if good cause\nis not shown against it, the Supreme Court may make the order\nabsolute, with or without payment of costs.\n(2) A magistrate or registrar on being served with an order absolute must\nobey the order, and do the act required by it to be done.\n","sortOrder":36},{"sectionNumber":"17","sectionType":"section","heading":"Magistrates may exercise functions of justices of peace","content":"17 Magistrates may exercise functions of justices of peace\nIf under any law in force in the ACT, anything is required or permitted\nto be done before, to or by a justice of the peace, it may be done\nbefore, to or by a magistrate.\n\nPart 2.3 Protection of magistrates in execution of their office\nPart 2.3 Protection of magistrates in\nexecution of their office\n17A Protection and immunity of magistrates\n(1) A magistrate, when exercising the functions of a magistrate, has the\nsame protection and immunity as a judge when exercising the\nfunctions of a judge.\n(2) Without limiting subsection (1), a magistrate, when exercising an\nadministrative function of the magistrate under a law in force in the\nTerritory, has the same protection and immunity as a magistrate in a\njudicial proceeding.\nNote If a function of a magistrate is exercisable by a registrar, magistrate\nincludes a registrar exercising the function (see dict).\n","sortOrder":37},{"sectionNumber":"17D","sectionType":"section","heading":"No action for acts done under Supreme Court order","content":"17D No action for acts done under Supreme Court order\nAn action is not maintainable against a magistrate for doing an act if\nthe magistrate does the act in accordance with a Supreme Court order.\n\nPreliminary Part 3.1\n","sortOrder":38},{"sectionNumber":"Part 3","sectionType":"part","heading":"1 Preliminary","content":"Part 3.1 Preliminary\n","sortOrder":39},{"sectionNumber":"18A","sectionType":"section","heading":"Definitions for ch 3","content":"18A Definitions for ch 3\nCrimes Act means the Crimes Act 1900.\ndecision includes a committal for trial, admission to bail, and a\nconviction, order or other decision.\ndefendant means a person against whom an information is laid.\n\n","sortOrder":40},{"sectionNumber":"19","sectionType":"section","heading":"Jurisdiction of court","content":"19 Jurisdiction of court\nIf, by any law in force in the ACT, any offence is punishable on\nsummary conviction or any person is made liable to a penalty or\npunishment or to pay an amount for any offence, act or omission, and\nno other provision is made for the trial of the person committing the\noffence, the matter may be heard and decided by the court in a\nsummary way under the provisions of this Act.\n","sortOrder":41},{"sectionNumber":"21","sectionType":"section","heading":"Jurisdiction of court if defendant absent from ACT","content":"21 Jurisdiction of court if defendant absent from ACT\nThe court has jurisdiction even though the defendant is not in the\nACT.\n","sortOrder":42},{"sectionNumber":"22","sectionType":"section","heading":"Proceeding of court if it considers offence should be","content":"22 Proceeding of court if it considers offence should be\ndealt with on indictment\nIf, for an information in relation to an offence that is punishable either\nsummarily or on indictment it appears to the court, on the close of the\ncase for the prosecution, that the offence ought to be dealt with on\nindictment, the court must abstain from adjudication on the\ninformation and must deal with the case for the purpose of committal\nfor trial only.\n\nBeginning criminal proceedings—general Division 3.3.1\nDivision 3.3.1 Beginning criminal proceedings—\n","sortOrder":43},{"sectionNumber":"25","sectionType":"section","heading":"Informations","content":"25 Informations\nA proceeding may be started in the court by information laid by the\ninformant or by a lawyer or anyone else representing the informant.\nDivision 3.3.2 Informations\n","sortOrder":44},{"sectionNumber":"26","sectionType":"section","heading":"Laying of informations","content":"26 Laying of informations\nAn information may be laid before a magistrate in any case where a\nperson has committed or is suspected of having committed, in the\nACT, an indictable offence or an offence that may be dealt with\nsummarily as provided in section 19.\n","sortOrder":45},{"sectionNumber":"27","sectionType":"section","heading":"Description of people and property and of offences","content":"27 Description of people and property and of offences\n(1) Such description of people or things as would be sufficient in an\nindictment is sufficient in informations.\n(2) The description of any offence in the words of the Act, ordinance,\nlaw, order, by-law, regulation, or other instrument creating the\noffence, or in similar words, is sufficient in law.\n","sortOrder":46},{"sectionNumber":"28","sectionType":"section","heading":"Power of court to amend information","content":"28 Power of court to amend information\n(1) If at the hearing of any information or summons any objection is taken\nto an alleged defect in it in substance or form or if objection is taken\nto any variance between the information or summons and the\nevidence adduced at the hearing of it, the court may make any\namendment in the information or summons that appears to it to be\ndesirable or to be necessary to enable the real question in dispute to\nbe decided.\n\n(2) The court must not make an amendment under subsection (1) if it\nconsiders that the amendment cannot be made without injustice to the\n","sortOrder":47},{"sectionNumber":"29","sectionType":"section","heading":"Court may adjourn hearing if amendment made","content":"29 Court may adjourn hearing if amendment made\nIf in any case where an amendment in an information or summons\nhas been made under section 28 the court considers that the defendant\nhas been misled by the form in which the information or summons\nhas been made out, it may adjourn the hearing of the case for the\nperiod it considers appropriate and may make any order about the\ncosts of the adjournment it considers appropriate.\n","sortOrder":48},{"sectionNumber":"30","sectionType":"section","heading":"Form of information","content":"30 Form of information\n(1) If a warrant is intended to be issued in the first instance against the\nperson charged, the information must be in writing and on oath.\n(2) The oath may be made by the informant or someone else.\n(3) If a summons instead of a warrant is intended to be issued in the first\ninstance against the person charged, the information may be made\norally and without oath.\n(4) Subsection (3) applies whether or not the law under which the\ninformation is laid requires it to be in writing.\n","sortOrder":49},{"sectionNumber":"37","sectionType":"section","heading":"When magistrate may issue summons","content":"37 When magistrate may issue summons\nIf an information is laid before a magistrate, the magistrate may issue\na summons.\n\nCourt attendance notices Division 3.3.3A\n","sortOrder":50},{"sectionNumber":"38","sectionType":"section","heading":"Form of summons","content":"38 Form of summons\nA summons issued in the case of an information must be directed to\nthe defendant, and must state shortly the matter of the information\nand require the defendant to appear at a certain time and place before\nthe court, to answer to the information and to be further dealt with\naccording to law.\n","sortOrder":51},{"sectionNumber":"41","sectionType":"section","heading":"Service of summons","content":"41 Service of summons\n(1) A summons issued in relation to an information may be served on the\nperson to whom it is directed by—\n(a) giving a copy of the summons to the person; or\n(b) leaving a copy of the summons at the last-known or usual home\nor business address of the person with someone who appears to\nbe at least 16 years old and to live or be employed at the address.\n(2) Service of a summons under subsection (1) must be effected at least\n72 hours before the time appointed in the summons for the hearing of\nthe information.\n(3) If it appears to the court or a magistrate or the registrar, by statement\non oath or by affidavit, that from any cause service in accordance with\nsubsections (1) and (2) cannot be effected, the court or magistrate or\nthe registrar may extend the time for hearing.\n(4) Service of a summons in accordance with this section may be proved\nby the oath of the person who served it or by affidavit or otherwise.\n","sortOrder":52},{"sectionNumber":"41A","sectionType":"section","heading":"Definitions—div 3.3.3A","content":"41A Definitions—div 3.3.3A\nauthorised person means—\n(a) a police officer; or\n\n(b) a person prescribed by regulation.\ncourt attendance notice—see section 41B.\n","sortOrder":53},{"sectionNumber":"41B","sectionType":"section","heading":"Commencing criminal proceeding by court attendance","content":"41B Commencing criminal proceeding by court attendance\nnotice\n(1) A proceeding for an alleged offence may be commenced by serving\nand filing a notice (a court attendance notice) under this division.\n(2) A court attendance notice served on a person must––\n(a) state the name of the person; and\n(b) describe the offence to which it relates; and\n(c) briefly state the particulars of the offence; and\n(d) state the name of the authorised person serving the notice; and\n(e) unless a warrant is issued for the arrest of the person or the\nperson is refused bail—\n(i) require the person to appear before a magistrate at a stated\ndate, time and place; and\n(ii) state that failure to appear may result in the person’s arrest\nor in the proceeding being dealt with in the person’s\nabsence; and\n(f) if the person consents to appear before a magistrate at the stated\ndate and time—include a statement, signed by the person, that\nthe person consents to appear at the stated date and time.\n(3) It is sufficient to describe an offence in the notice in the way the\noffence is described in the law that creates the offence.\n(4) The date stated for the person to appear before a magistrate must be—\n(a) at least 14 days after the day the notice is served; or\n\nCourt attendance notices Division 3.3.3A\n(b) if the notice contains a consent signed by the person to appear\nbefore a magistrate at an earlier date available to a Magistrate—\nthe date as stated in the notice.\n(5) The rules may prescribe additional matters that must be included in a\ncourt attendance notice.\n","sortOrder":54},{"sectionNumber":"41C","sectionType":"section","heading":"Court attendance notice––service","content":"41C Court attendance notice––service\n(1) If an authorised person suspects, on reasonable grounds, that a person\nhas committed an offence, the authorised person may serve a court\nattendance notice on the person.\n(2) The notice must be served personally by the authorised person.\n(3) The Court Procedures Rules 2006, part 6.8 (Service) apply to the\nservice of a court attendance notice as if—\n(a) the notice were a document in the proceeding for the offence to\nwhich it relates; and\n(b) the copy of the notice served were a stamped copy.\n(4) However, the Court Procedures Rules 2006, division 6.8.3\n(Service—Magistrates Court) does not apply to service of a court\nattendance notice.\n","sortOrder":55},{"sectionNumber":"41D","sectionType":"section","heading":"Court attendance notice—filing","content":"41D Court attendance notice—filing\n(1) A copy of a court attendance notice served on a person must be\nfiled—\n(a) not less than 14 days before the day stated in the notice for the\nperson to appear before a magistrate; or\n(b) if the notice contains a consent signed by the person to appear\nbefore a magistrate at a date earlier than 14 days after service of\nthe notice—as soon as practicable.\n\n(2) If a warrant is intended to be issued in the first instance against the\nperson, the notice must be filed with a sworn statement about the\nparticulars of the offence stated in the notice.\n","sortOrder":56},{"sectionNumber":"41E","sectionType":"section","heading":"Court attendance notice—relationship to information and","content":"41E Court attendance notice—relationship to information and\nsummons\n(1) This division is additional to, and does not limit, any other provision\nof a territory law about an information or summons in relation to a\ncriminal proceeding.\n(2) A court attendance notice served under this division is taken, for all\npurposes, to be a summons served under division 3.3.3.\n(3) A court attendance notice filed under this division is taken, for all\npurposes, to be an information laid under division 3.3.2.\n(4) For subsections (2) and (3), a provision mentioned in subsection (1)\napplies, with any necessary changes and any changes prescribed by\nregulation—\n(a) in relation to a court attendance notice served under this\ndivision—as if it were a summons issued under division 3.3.3;\nand\n(b) in relation to a court attendance notice filed under this\ndivision—as if it were an information laid under division 3.3.2.\n","sortOrder":57},{"sectionNumber":"42","sectionType":"section","heading":"Issue of warrant and summons","content":"42 Issue of warrant and summons\n(a) an information is laid before a magistrate under division 3.3.2\nagainst a person for an offence; and\n(b) the information is substantiated by the oath of the informant or\na witness; and\n\nWarrants Division 3.3.4\n(c) the person is not in custody.\n(2) The magistrate may issue a warrant for the person’s arrest, and for\nbringing the person before the court to answer to the information and\nto be further dealt with according to law.\n(3) However, the magistrate may issue a summons instead of the warrant\nif the magistrate considers it appropriate.\n(4) The issue of the summons does not prevent a magistrate from issuing\na warrant at any time before or after the time mentioned in the\nsummons for the person’s appearance.\n(5) However, subsection (4) does not authorise the issue of a warrant to\nbring the person before the court to answer to the information if a\nsummons has been served on the person for the offence in accordance\nwith section 116B (Service of summons for prescribed offence).\n","sortOrder":58},{"sectionNumber":"43","sectionType":"section","heading":"Procedure on filing indictment","content":"43 Procedure on filing indictment\n(1) If an indictment in relation to an offence committed in the ACT has\nbeen filed in the Supreme Court by the Attorney-General, Attorney-\nGeneral of the Commonwealth or other officer, authority or person\nduly appointed in that behalf against any person then at large, whether\non bail or not, the registrar of the Supreme Court must at any time\nafter the end of the then sittings of the court if the person so indicted\nhas not already appeared and pleaded to the indictment, on\napplication by or on behalf of the prosecutor, grant to the prosecutor\nor person applying on the prosecutor’s behalf a certificate that the\nindictment has been filed.\n\n(2) On production of the certificate to a magistrate, the magistrate must—\n(a) if the person indicted is, at the time of both the application for\nand the production of the certificate, detained at a correctional\ncentre (including a NSW correctional centre) for any other\noffence—on proof on oath that the person is the person charged\nin the indictment, issue a warrant directing the person in charge\nof the correctional centre to detain the person until, by a habeas\ncorpus order or another order, the person is removed from\ncustody for the purpose of being tried on the indictment, or until\nthe person is otherwise removed or discharged out of custody by\ndue course of law; and\n(b) in any other case—issue a warrant to apprehend the person so\nindicted and to cause the person to be brought before the court\nto be dealt with according to law and the court when any person\napprehended under any such warrant is brought before it must\non proof on oath that the person is the person charged and named\nin the indictment, and without further inquiry commit the person\nfor trial or admit the person to bail in accordance with the Bail\nAct 1992.\n","sortOrder":59},{"sectionNumber":"44","sectionType":"section","heading":"Direction of warrant","content":"44 Direction of warrant\nA warrant to apprehend a defendant that the defendant may answer to\nan information may be directed either to any police officer by name\nor generally to all police officers within the ACT, without naming\nthem, or to both.\n","sortOrder":60},{"sectionNumber":"45","sectionType":"section","heading":"Any police officer may execute warrant","content":"45 Any police officer may execute warrant\nIf a warrant is directed to all police officers, any police officer may\nexecute the warrant as if it were directed specially to the police officer\nby name.\n\nWarrants Division 3.3.4\n","sortOrder":61},{"sectionNumber":"47","sectionType":"section","heading":"Form of arrest warrant","content":"47 Form of arrest warrant\nA warrant issued on an information must—\n(a) briefly state the offence or matter of the information; and\n(b) name or otherwise describe the person against whom it is issued;\nand\n(c) order the police officers to whom it is directed to—\n(i) arrest the person; and\n(ii) bring the person before the court to answer the information\nand to be further dealt with according to law.\n","sortOrder":62},{"sectionNumber":"48","sectionType":"section","heading":"Warrant to be in force till executed","content":"48 Warrant to be in force till executed\nA warrant need not be returnable at any particular time, but may\nremain in force until executed.\n","sortOrder":63},{"sectionNumber":"49","sectionType":"section","heading":"Sunday warrants","content":"49 Sunday warrants\nA magistrate may issue a warrant on an information of an indictable\noffence, or a search warrant, on a Sunday as on any other day.\n\nDivision 3.4.1 Hearing of criminal proceedings—general\nDivision 3.4.1 Hearing of criminal proceedings—\n53 Conduct of case generally\n(1) The informant may—\n(a) conduct his or her case personally or by a lawyer; and\n(b) examine and cross-examine the witnesses giving evidence for or\nagainst the informant; and\n(c) if the defendant gives any evidence or examines any witness\nabout anything other than general character—call and examine\nwitnesses in reply.\n(2) The defendant may—\n(a) fully answer and defend personally or by a lawyer; and\n(b) give evidence; and\n(c) examine and cross-examine the witnesses giving evidence for or\nagainst the defendant.\n","sortOrder":64},{"sectionNumber":"54","sectionType":"section","heading":"If both parties present in court to hear case","content":"54 If both parties present in court to hear case\nThe court must hear and decide an information if both parties to the\ninformation appear personally or by lawyers or anyone else appearing\nfor them.\n\n","sortOrder":65},{"sectionNumber":"62","sectionType":"section","heading":"Definitions—div 3.4.2","content":"62 Definitions—div 3.4.2\nprescribed period means 18 hours from the time a person is arrested\nunder a warrant.\nreporting officer means the police officer mentioned in\nsection 67 (2) (b).\nwarrant means a warrant under this division.\n","sortOrder":66},{"sectionNumber":"63","sectionType":"section","heading":"Warrant to bring witness to court","content":"63 Warrant to bring witness to court\n(1) The court may issue a warrant for the arrest of a person who is a\nwitness in a hearing if the person—\n(a) was informed of the time and place of the hearing; and\n(b) was required to attend to give evidence at the hearing in\naccordance with—\n(i) a subpoena served on the person; or\n(ii) an order of the court; or\n(iii) an undertaking given to the court by the person; and\n(c) failed to attend the hearing as required; and\n(d) did not provide the court with a reasonable explanation for not\nattending.\n(2) A warrant must not be issued under subsection (1) unless—\n(a) the court is satisfied that the party calling the person as a witness\nin the proceeding has taken reasonably practicable steps to\ncontact the person; and\n(b) it is in the interests of justice to issue the warrant.\n\n(3) In deciding whether it is in the interests of justice to issue a warrant,\nthe court must consider the following:\n(a) the importance of the evidence the person is expected to give;\n(b) whether the evidence could be obtained by other means;\n(c) the nature of the matter being heard;\n(d) the degree of urgency to resolve the matter;\n(e) the likelihood that the issue of a warrant would secure the\nperson’s attendance at the hearing;\n(f) if the court has been contacted by the person, or the party calling\nthe person as a witness in the proceeding has contacted the\nperson—\n(i) the reason (if any) given by the person for not attending as\nrequired; and\n(ii) the impact of using a warrant for the arrest of the person.\n","sortOrder":67},{"sectionNumber":"64","sectionType":"section","heading":"First instance warrant","content":"64 First instance warrant\n(1) The court may, instead of issuing a subpoena for the attendance of a\nwitness in a hearing, issue a warrant in the first instance for the arrest\nof the person if it is—\n(a) unlikely that the person will attend the hearing to give evidence\nunless the person is compelled to do so; and\n(b) in the interests of justice to do so.\n(2) In deciding whether it is in the interests of justice to issue a warrant,\nthe court must consider the following:\n(a) the importance of the evidence the person is expected to give;\n(b) whether the evidence could be obtained by other means;\n(c) the nature of the matter being heard;\n\n(d) the degree of urgency to resolve the matter;\n(e) the likelihood that the issue of a warrant would secure the\nperson’s attendance at the hearing;\n(f) the impact of using a warrant for the arrest of the person.\n","sortOrder":68},{"sectionNumber":"65","sectionType":"section","heading":"Warrant remains in force until executed","content":"65 Warrant remains in force until executed\nA warrant remains in force until whichever of the following happens\nfirst:\n(a) the warrant is executed;\n(b) the court revokes the warrant.\n","sortOrder":69},{"sectionNumber":"66","sectionType":"section","heading":"Executing a warrant","content":"66 Executing a warrant\n(1) A warrant authorises a police officer (an executing officer) to—\n(a) arrest the person named in the warrant; and\n(b) bring the person before the court.\n(2) If an executing officer believes on reasonable grounds that the person\nnamed in the warrant is on any premises, the officer is authorised to\nenter the premises, using not more than necessary and reasonable\nforce in the circumstances, to execute the warrant.\n(3) However, an executing officer is not authorised to enter a dwelling\nhouse to execute the warrant before 6 am or after 9 pm on any day,\nunless the officer believes on reasonable grounds that it would not be\npracticable to arrest the person at the dwelling house, or another\nlocation, at any other time.\n(4) An executing officer—\n(a) must use not more force than is necessary to arrest the person\nand remove the person to the place stated in the warrant; and\n(b) must, before removing the person, explain to the person the\npurpose of the warrant; and\n\n(c) must tell the person of his or her right to contact a lawyer, and\nallow the person to contact a lawyer if the person wishes to do\nso; and\n(d) if a person is under a legal disability—must inform a parent or\nguardian of the person of the arrest.\ndwelling house includes a conveyance, and a room in a hotel, motel,\nboarding house or club, where people ordinarily sleep at night.\n","sortOrder":70},{"sectionNumber":"67","sectionType":"section","heading":"Procedure after arrest","content":"67 Procedure after arrest\n(1) A person who is arrested under a warrant must be brought before the\ncourt—\n(a) as soon as practicable after the person is arrested; and\n(b) within the prescribed period; and\n(c) in accordance with this section.\n(2) A person must be brought before the court by a police officer—\n(a) if the court is sitting at the time the officer is able to bring the\nperson before the court—in person; or\n(b) if the court is not sitting at the time the officer is able to bring\nthe person before the court—by telephone call made by the\nofficer to a magistrate to report the execution of the warrant to\nthe court.\n(3) A person brought before the court must be dealt with in accordance\nwith section 68.\n(4) A person arrested under a warrant—\n(a) may be detained by a police officer for not longer than the\nprescribed period for the officer to comply with subsection (2);\nand\n\n(b) must be released if the officer cannot comply with that\nsubsection within the prescribed period.\n","sortOrder":71},{"sectionNumber":"68","sectionType":"section","heading":"Orders following executed warrant","content":"68 Orders following executed warrant\n(1) The court may order that the person—\n(a) be remanded in custody until the date, time and place specified\nin the order; or\n(b) be released on a recognisance, signed by the person, in which\nthe person agrees to appear before the court on a day and at a\ntime and place specified by the court—\n(i) in the recognisance; and\n(ii) in any subsequent notice given or sent to the person by the\ncourt; or\n(c) be released unconditionally.\n(2) If the court makes any orders in relation to a person under this section,\nthe person must be given written notice of the orders by—\n(a) if the court is sitting when the order is made—the court; or\n(b) if the court is not sitting when the order is made—the reporting\nofficer.\n(3) Any single period of remand ordered under this section must not be\nlonger than—\n(a) 28 days; or\n(b) if the person chooses to be remanded for a longer period without\nreview—a longer period that the court considers reasonable.\n(4) Division 3.4.4 applies to a recognisance under this section.\n\n","sortOrder":72},{"sectionNumber":"70","sectionType":"section","heading":"Remand of defendant","content":"70 Remand of defendant\n(1) This section applies if the court considers it is necessary or desirable\nto adjourn the hearing of a proceeding for an indictable offence—\n(a) because of the absence of witnesses; or\n(b) for any other reasonable cause.\n(a) adjourn the hearing; and\n(b) order the remand of the defendant into custody for a stated\nperiod; and\n(c) order the director-general to arrange for the defendant to be\nbrought before the court at a stated time and place for the\nhearing.\nNote 1 The court must issue a warrant for the remand of the defendant in the\n(3) If the period of remand is not longer than 3 days, the order may be\nmade orally.\n(4) Any single period of remand under this section must be no longer\nthan—\n(a) 28 days; or\n(b) if the defendant chooses to be remanded for a longer period\nwithout review—a longer period that the court considers\nreasonable.\n\nRemand Division 3.4.3\n","sortOrder":73},{"sectionNumber":"72","sectionType":"section","heading":"Bringing remanded defendant before court","content":"72 Bringing remanded defendant before court\nThe court may order that a defendant remanded under section 70 be\nbrought before the court at any time during the period for which the\ndefendant was remanded.\nNote The Crimes (Sentence Administration) Act 2005, pt 3.2 and pt 3.3 provide\nfor the director-general to have custody of the defendant during the\nremand and to bring the defendant before the court as ordered by the\n","sortOrder":74},{"sectionNumber":"72A","sectionType":"section","heading":"Bail application hearings—audiovisual links","content":"72A Bail application hearings—audiovisual links\n(a) a person in custody is entitled to appear, or is required to appear\nor be brought, before the court for the hearing of an application\nfor bail; and\n(b) the hearing could be conducted using an audiovisual link\nbetween the court and the place of custody.\n(2) Unless the court directs otherwise, the hearing must be conducted\nusing the audiovisual link.\n(3) The court may amend or revoke a direction under subsection (2)—\n(a) at any time; and\n(b) on its own initiative or on application by a party to the bail\n(4) In this section:\naudiovisual link—see the Evidence (Miscellaneous Provisions)\nAct 1991, dictionary.\n\n","sortOrder":75},{"sectionNumber":"72B","sectionType":"section","heading":"Defendant’s appearance in non-bail proceedings—","content":"72B Defendant’s appearance in non-bail proceedings—\naudiovisual links\n(1) This section applies if the court gives a direction under the Evidence\n(Miscellaneous Provisions) Act 1991, section 20 (1) (Territory courts\nmay take evidence and submissions from participating States) or\nsection 32 (1) (Territory courts may take evidence and submissions\nfrom another place) in relation to any part of a proceeding in relation\nto a defendant remanded under—\n(a) section 70 (Remand of defendant); or\n(b) section 72 (Bringing remanded defendant before court).\n(2) The director-general must make arrangements to ensure that the\nevidence can be taken, or the submission made, in accordance with\nthe court’s direction.\n","sortOrder":76},{"sectionNumber":"73A","sectionType":"section","heading":"Extended application of div 3.4.4","content":"73A Extended application of div 3.4.4\n(1) This division applies in relation to a person for whom a warrant\nprescribed under the rules has been issued under the rules as if all\nnecessary changes, and any changes prescribed under the rules, were\nmade.\n(2) This section does not limit any other application of this division.\n","sortOrder":77},{"sectionNumber":"74","sectionType":"section","heading":"Remand of defendant before decision","content":"74 Remand of defendant before decision\nThe court may, at any time before the court gives its decision in a\ncase, order that the defendant be remanded in custody.\nNote 1 If the court remands the defendant in custody, it must issue a warrant for\nthe defendant’s remand in the director-general’s custody (see Crimes\n(Sentence Administration) Act 2005, s 17).\n\nCommittal and recognisance Division 3.4.4\n","sortOrder":78},{"sectionNumber":"75","sectionType":"section","heading":"Remand of witness or defendant after decision","content":"75 Remand of witness or defendant after decision\n(1) If the court commits a witness or a person sought to be made a\nwitness, it must order that the witness or person be remanded in\ncustody.\n(2) If the court commits a defendant, it must order that the defendant be\nremanded in custody.\n","sortOrder":79},{"sectionNumber":"76","sectionType":"section","heading":"Witnesses may be discharged on recognisance","content":"76 Witnesses may be discharged on recognisance\nA witness, other than a witness committed under section 312 (Failure\nto give evidence—committal), or person sought to be made a witness\nmay be discharged on recognisance.\n","sortOrder":80},{"sectionNumber":"77","sectionType":"section","heading":"Recognisances","content":"77 Recognisances\nIf the court is authorised to discharge the witness, or person sought to\nbe made a witness, on recognisance, it may order his or her discharge\non his or her entering into a recognisance, with or without a surety or\nsureties at its discretion, conditioned for his or her appearance at the\ntime and place to which the hearing is adjourned, or that is named in\nthe recognisance.\n","sortOrder":81},{"sectionNumber":"78","sectionType":"section","heading":"Issue of warrant for non-appearance","content":"78 Issue of warrant for non-appearance\nIf the witness, or person sought to be made a witness, does not appear\nat the time and place mentioned in the recognisance, the court may\nadjourn the hearing, and may issue a warrant for his or her\napprehension in accordance with division 3.3.4 (Warrants).\n","sortOrder":82},{"sectionNumber":"79","sectionType":"section","heading":"Recognisances taken out of court","content":"79 Recognisances taken out of court\n(1) A recognisance under this Act need not be entered into before the\ncourt, but may be entered into by the parties before—\n(a) a magistrate; or\n(b) the registrar; or\n\n(c) a police officer in charge of a police station; or\n(d) if a party is at a correctional centre—the person in charge of the\ncentre.\n(2) The provisions of this Act in relation to recognisances taken before\nthe court apply in relation to the recognisance as if it had been entered\ninto before the court.\n","sortOrder":83},{"sectionNumber":"80","sectionType":"section","heading":"Forfeited recognisances—how enforced","content":"80 Forfeited recognisances—how enforced\nIf the conditions, or any of them, in a recognisance entered by a\nwitness or a person sought to be made a witness are not complied\nwith, any magistrate may certify on the back of the recognisance in\nwhat respect the conditions have not been observed, and give it to the\nproper officer, to be proceeded on in a similar way as other\nrecognisances, and that certificate is taken to be deemed sufficient\nprima facie evidence of the recognisance having been forfeited.\n","sortOrder":84},{"sectionNumber":"83","sectionType":"section","heading":"Magistrate may adjourn court generally","content":"83 Magistrate may adjourn court generally\nIf all the cases have not been heard and decided at any sitting of the\ncourt, the magistrate may adjourn the cases remaining unheard or\nundecided, either to the next day appointed for the holding of the\ncourt or to the other time the magistrate considers appropriate.\n","sortOrder":85},{"sectionNumber":"84","sectionType":"section","heading":"Particular cases may be adjourned","content":"84 Particular cases may be adjourned\n(1) Before or during the hearing or further hearing of an information, the\nmagistrate may adjourn the hearing or further hearing.\n(2) The magistrate may, by order, release the defendant (whether or not\non bail) or remand the defendant in custody.\nNote 1 The court must issue a warrant for the defendant’s remand in the\n\nAdjournment of criminal proceedings Division 3.4.5\n","sortOrder":86},{"sectionNumber":"85","sectionType":"section","heading":"Proceeding if either party not present at adjourned","content":"85 Proceeding if either party not present at adjourned\nhearing\n(1) This section applies if either or both of the parties do not appear\npersonally or by lawyers or anyone else appearing for them at the time\nand place to which the hearing or further hearing is adjourned.\n(a) go ahead with the hearing or further hearing as if the party or\nparties were present; or\n(b) if the informant does not appear—dismiss the information, with\nor without costs as the court considers just.\n","sortOrder":87},{"sectionNumber":"86","sectionType":"section","heading":"Proceeding if both parties present at adjourned hearing","content":"86 Proceeding if both parties present at adjourned hearing\n(1) This section applies if the parties appear personally or by lawyers or\nanyone else appearing for them at the time and place to which the\nhearing or further hearing is adjourned.\n(2) The court may go ahead with the hearing or further hearing.\n","sortOrder":88},{"sectionNumber":"87","sectionType":"section","heading":"Witness to attend adjourned etc hearing","content":"87 Witness to attend adjourned etc hearing\n(1) This section applies to a person who is required by summons to attend\na hearing to give evidence or produce a document if the hearing is\nadjourned or postponed.\n(2) The person must attend at the time and place to which the hearing is\nadjourned or postponed without the issue or service of a further\n(3) However, the person is entitled to additional expenses for attending.\n\n","sortOrder":89},{"sectionNumber":"88","sectionType":"section","heading":"Postponement of hearing","content":"88 Postponement of hearing\nIf, on the return of any summons or at any adjournment of the hearing\nor at the time to which the hearing is postponed, a magistrate is not\npresent, the registrar may, and after the lapse of an hour, at the request\nof the informant, must, postpone the hearing until the next day when\na court will be held at the place mentioned in the summons or to which\nthe case has been so adjourned.\n\nDispensing with application of part Division 3.5.1\nPart 3.5 Proceedings for indictable\nDivision 3.5.1 Dispensing with application of part\n88A Dispensing with application of part in interests of justice\nThe court may dispense with the application of 1 or more provisions\nof this part to a proceeding if it considers it necessary or expedient to\ndo so in the interests of justice.\nDivision 3.5.1A Waiver of committal proceedings\n","sortOrder":90},{"sectionNumber":"88B","sectionType":"section","heading":"Court may waive committal proceedings","content":"88B Court may waive committal proceedings\n(1) The court may commit an accused person for trial—\n(a) on application by the person; and\n(b) with the prosecutor’s consent.\nNote If a form is approved under the Court Procedures Act 2004, s 8 for this\n(2) If the court commits an accused person for trial under subsection (1)\nand the person has been charged with a back-up or related offence—\n(a) the prosecutor must tell the court about the back-up or related\n(b) the court must transfer the proceeding for the back-up or related\noffence to the Supreme Court, to be dealt with under the\nSupreme Court Act 1933, part 8.\n(3) Subsection (2) does not prevent the accused person being charged\nwith an offence after committal under subsection (1).\n\n(4) However, if the accused person is charged with a back-up or related\noffence after committal under subsection (1), the court must transfer\nthe proceeding for the offence to the Supreme Court, to be dealt with\nunder the Supreme Court Act 1933, part 8.\naccused person means a person charged with an indictable offence.\nDivision 3.5.2 Indictable offences—beginning of\nproceedings\n","sortOrder":91},{"sectionNumber":"89","sectionType":"section","heading":"Indictable offences—issue of warrant for non-appearance","content":"89 Indictable offences—issue of warrant for non-appearance\n(a) a person is alleged by an information to have committed an\nindictable offence; and\n(b) a summons is issued against the person; and\n(c) the person does not appear before the court at the time and place\nmentioned in the summons; and\n(d) the court is satisfied, on oath, that the summons was properly\nserved on the person a reasonable time before the time\nmentioned in the summons for the appearance; and\n(e) the information is substantiated by the oath of the informant or\na witness.\n(2) This section also applies if—\n(a) subsection (1) (a), (b) and (e) apply in relation to a person; and\n(b) the person appears before the court for the hearing of the\ninformation for the offence; and\n(c) the court adjourns or postpones the hearing or further hearing;\nand\n\n(d) the person is told of the time and place of the adjourned or\npostponed hearing or further hearing; and\n(e) the person does not appear before the court at the adjourned or\npostponed hearing or further hearing.\n(3) The court may issue a warrant for the person’s arrest and for bringing\nthe person before the court to answer to the information and to be\nfurther dealt with according to law.\n(4) This section does not apply if an order has been made under\nsection 89A (1) excusing the person from attending before the court.\n","sortOrder":92},{"sectionNumber":"89A","sectionType":"section","heading":"Accused person may be excused from attendance before","content":"89A Accused person may be excused from attendance before\ncourt\n(a) an information for an indictable offence has been laid; and\n(b) a summons has been issued against the person named in the\ninformation;\nthe court may, on an application made by or on behalf of the person,\nby order excuse the person from attendance before the court to answer\nthe information or for any other purpose in connection with the\nproceeding begun by the information.\n(2) An order under subsection (1) may be made—\n(a) at any time after the issue of the summons and before the\ncompletion of the taking of evidence for the prosecution; and\n(b) whether or not any evidence has been taken in the proceeding;\nand\n(c) whether or not the applicant for the order is before the court or\nhas attended before the court in relation to the proceeding.\n\n(3) The court must not make an order under subsection (1) unless the\ncourt has been informed, by or on behalf of the applicant, that the\napplicant is represented by a lawyer for the purposes of the\n(4) The court may, at any time during a proceeding begun by an\ninformation for an indictable offence, direct the informant to give to\na person in relation to whom an order has been made under\nsubsection (1) written notice requiring the person to attend before the\ncourt, for the purposes of the proceeding, at the time and place\nspecified by the court.\n(5) If—\n(a) a person has been excused, under subsection (1), from\nattendance before the court; and\n(b) all the evidence for the prosecution has been taken;\nthe court must direct the informant to give to the person a written\nnotice requiring the person to attend, at the time and place specified\nby the court, to be dealt with in accordance with section 91.\n(6) A notice under subsection (4) or (5) may be given to a person by—\n(a) giving a copy of the notice to the person; or\n(b) leaving a copy of the notice at the last-known or usual home or\nbusiness address of the person with someone who appears to be\nat least 16 years old and to live or be employed at the address.\n(7) The giving of a notice under subsection (4) or (5) may be proved in\nthe same way as the service of a summons.\n(8) If an accused person does not attend before the court in accordance\nwith a notice under subsection (4) or (5), the court may issue a warrant\nfor the arrest of the person and for bringing the person before the court\nat the time and place specified in the warrant.\n\n","sortOrder":93},{"sectionNumber":"90","sectionType":"section","heading":"Committal proceedings—prosecutor must give brief of","content":"90 Committal proceedings—prosecutor must give brief of\nevidence to accused person\n(1) This section applies in relation to a person charged with an indictable\noffence (an accused person) if—\n(a) the accused person is charged with the offence on or after the\nday the Crimes (Disclosure) Legislation Amendment Act 2024,\nsection 14 commences; and\n(b) a committal hearing is to be held in relation to the charge.\n(2) The prosecutor must give the accused person a brief of evidence about\nthe offence that is the subject of the proceeding—\n28 days before the date set for the committal hearing.\n(3) The brief of evidence must include—\n(a) a copy of each written statement that the prosecutor proposes to\ntender at the hearing; and\n(b) for each exhibit identified in a statement mentioned in\nparagraph (a)—a copy of the exhibit or a notice about the right\nto inspect the exhibit; and\n(c) a copy of, or a written notice about the right to inspect, any\ninformation, document or other thing obtained by the prosecutor\n(whether or not it could be admitted as evidence) that—\n(i) is relevant to the basis of the prosecution case; or\n(ii) is reasonably capable of being relevant to the case for the\naccused person; or\n(iii) would affect the strength of the prosecution case.\n\n(4) A copy of each document mentioned in subsection (3) (a) and (b)\nmust be filed in the court—\n28 days before the date set for the committal hearing.\n(5) The prosecutor must give the accused person a copy of, or a written\nnotice about the right to inspect, any other information, document or\nthing that—\n(a) comes into the prosecutor’s possession or control, or to their\nnotice, after giving the brief of evidence to the accused person;\nand\n(b) is mentioned in subsection (3) (c); and\n(c) was not disclosed in the brief of evidence.\nNote The prosecutor must comply with this subsection as soon as possible after\nthe information, document or other thing comes into their possession or\ncontrol, or to their notice (see Legislation Act, s 151B).\n(6) The prosecutor must give the accused person a notice under\nsubsection (3) (c) or (5) about the right to inspect information,\na document or another thing only if—\n(b) the accused person agrees to inspect the information, document\nor other thing instead of receiving a copy of it.\n\n90AAA Address and contact details of people generally must not\nbe disclosed as part of pre-committal disclosure\n(a) the prosecutor is required under section 90 (3) (c) or (5) or\nsection 90AAD to do any of the following (a disclosure\nobligation):\n(i) give an accused person a copy of, or a notice about the right\nto inspect, information, a document or another thing;\n(ii) allow the accused person or their lawyer to inspect\ninformation, a document or another thing in a notice\nmentioned in section 90 (3) (c) or (5); and\n(b) complying with the disclosure obligation would—\n(i) disclose an address or contact details of a witness proposed\nto be called by the prosecutor or any other living person; or\n(ii) allow the address or contact details to be worked out; and\n(c) the address or contact details are not relevant to the prosecution\ncase or the defence case.\n(2) The prosecutor must comply with the disclosure obligation to the\nextent possible without—\n(a) disclosing the address or contact details; or\n(b) allowing the address or contact details to be worked out.\nExamples\n1 The prosecutor redacts a person’s address or contact details from a copy of a\ndocument given to the accused person.\n2 The prosecutor, when allowing the accused person to inspect something with\na person’s address or contact details on it, temporarily conceals the address or\ncontact details so it cannot be read by the accused person.\n3 The prosecutor does not give the accused person a copy of a document that\nconsists solely of the address or contact details of a person, and notifies the\naccused person why the document was not disclosed.\n\n(3) The court may make an order requiring the prosecutor to comply with\nsubsection (2) in a particular way or subject to particular conditions.\n(4) Subsection (2) does not apply if the court is satisfied that—\n(a) it is in the interests of justice (including the right of the accused\nperson to prepare for the hearing of the evidence for the\nprosecution) that the person’s address or contact details be\ndisclosed; and\n(i) disclosure of the address or contact details is not likely to\ncreate a reasonably foreseeable risk to the welfare or safety\nof the person or any other person; or\n(ii) if there is a risk mentioned in subparagraph (i)—the\ninterests of justice outweigh the risk.\n(5) This section does not apply to the disclosure of a person’s address or\ncontact details in general terms that does not—\n(a) disclose the person whose address or contact details it is; or\n(b) allow the person whose address or contact details it is to be\nworked out.\n90AAB Material used to give evidentiary certificate etc need not\nbe disclosed as part of pre-committal disclosure\n(1) Section 90 (3) (c) and (5) do not require a prosecutor to give an\naccused person a copy of, or a notice about the right to inspect, any\ninformation, document or other thing that was prepared or used only\nin the course of giving an evidentiary certificate about a matter.\nevidentiary certificate means a certificate that, under a territory law,\nis evidence of the matters stated in the certificate.\n\n90AAC Effect of pre-committal disclosure obligations on other\nlaws\n(1) Section 90 does not limit another territory law that requires the\nprosecution in a criminal proceeding to disclose something to a\nperson charged with an indictable offence in relation to a committal\nhearing.\nNote Territory law includes the common law (see Legislation Act, dict, pt 1,\ndef territory law and law, of the Territory).\n(2) Section 90 (3) (c) and (5) do not require the disclosure by the\nprosecutor of anything that is the subject of—\n(a) a claim of privilege or public interest immunity; or\n(b) an immunity conferred by a law applying in the ACT or\nelsewhere; or\n(c) a prohibition or restriction under a law applying in the ACT or\nelsewhere on the disclosure of the thing to the accused person\n(a non-disclosure obligation).\n(3) However, if the prosecutor does not disclose something mentioned in\nsubsection (2), they must instead give the accused person a statement\n(a) describes the thing to the extent possible without—\n(i) prejudicing a claim or intended claim of privilege or\nimmunity or an application in relation to a non-disclosure\nobligation; or\n(ii) contravening a non-disclosure obligation; and\n(b) outlines the nature of the claim or intended claim of privilege or\nimmunity or the non-disclosure obligation that applies to the\nthing.\n\n(4) A statement under subsection (3) must be—\n(a) if the thing was not disclosed in the brief of evidence under\nsection 90 (3) (c)—included in the brief of evidence; or\n(b) if the thing was not disclosed under section 90 (5)—given to the\naccused person as soon as possible after the thing comes into the\nprosecutor’s possession or control, or to their notice.\n90AAD Prosecutor must allow inspection of certain disclosed\nmatters on request\n(1) This section applies if an accused person has been given a brief of\nevidence under section 90.\n(2) The accused person or their lawyer may ask the prosecutor to allow\nthe accused person or their lawyer to—\n(a) inspect any exhibit, information, document or other thing in a\nnotice mentioned in section 90 (3) (b) or (c) or section 90 (5);\nand\n(b) if a statement mentioned in section 90 (3) (a) is a transcript of a\nrecording mentioned in section 90AA (4)—listen to or view the\nrecording.\n(3) The prosecutor must comply with a request under this section.\n(4) However, this section does not entitle the accused person or their\nlawyer to be given or make a copy of a recording mentioned in\nsection 90AA (4).\n90AA Written statements may be admitted in evidence\n(1) If the prosecutor has served a copy of a written statement mentioned\nin section 90 (3) (a) on the accused person in accordance with\nsection 90, the court at the committal hearing must (subject to\nsubsection (3)) admit the statement (and any exhibit identified in it)\nas evidence of the matters in it.\n\n(2) The statement is the deposition of the person who made it if admitted\ninto evidence.\n(3) Subject to subsection (4), a written statement must not be admitted in\nevidence by the court unless—\n(a) it contains the following endorsement by the person who made\nit:\n‘This statement made by me accurately sets out the evidence that\nI would be prepared, if necessary, to give in court as a witness.\nThe statement is true to the best of my knowledge and belief and\nI make it knowing that, if it is tendered in evidence, I will be\nliable to prosecution if I have wilfully stated in it anything that\nI know to be false or do not believe to be true.’; and\n(b) it contains a statement that, before the person signed it, the\nperson who made it read the statement or had it read to the\n(4) A written statement that is in the form of a transcript of a recording\nmade by a police officer may be admitted in evidence by the court\nif—\n(a) the transcript is of a recording of an interview with a person\nduring which the person was questioned by the police officer in\nconnection with the investigation of an offence the subject of the\n(b) a police officer certifies that the statement is an accurate\ntranscript of the recording.\n(5) If it appears to the court that any part of a written statement tendered\nin evidence under this section is inadmissible according to the rules\nof evidence, the court may, if the statement is otherwise admissible\nunder this section, admit that statement, but, if it does so, must\nidentify the part that is inadmissible and must, with reference to that\npart, write on the statement the words ‘ruled inadmissible’ or words\nto that effect.\n\n(6) A prosecution witness may give evidence-in-chief in person at a\ncommittal hearing only with the court’s leave.\n(7) The court may give leave only—\n(a) on application by the prosecution; and\n(b) if it considers that the interests of justice cannot adequately be\nsatisfied if the witness’s evidence-in-chief is not given in person\nat the hearing.\n(8) However, a person must not be required to attend and give evidence\nat a committal hearing in relation to a sexual offence (whether or not\nthe hearing also relates to another offence) if the person is a\ncomplainant in relation to the sexual offence.\n(9) In this section:\nsexual offence means an offence against the Crimes Act 1900, part 3\n(Sexual Offences), part 4 (Female genital mutilation) or part 5\n(Sexual servitude).\n90AB Witnesses generally not to be cross-examined at\ncommittal hearing\n(1) A witness must not be cross-examined at a committal hearing if—\n(a) the hearing relates to a sexual offence (whether or not it relates\nalso to another offence); and\n(b) the witness is a complainant in relation to the sexual offence.\n(2) A witness (other than a witness mentioned in subsection (1)) must not\nbe cross-examined at a committal hearing unless, on application by\nthe party seeking to cross-examine the witness, the court is satisfied\n(a) the party has—\n(i) identified an issue to which the proposed questioning\nrelates; and\n\n(ii) provided a reason why the evidence of the witness is\nrelevant to the issue; and\n(iii) explained why the evidence disclosed by the prosecution\ndoes not address the issue; and\n(iv) identified to the court the purpose and general nature of the\nquestions to be put to the witness to address the issue; and\n(b) the interests of justice cannot adequately be satisfied by leaving\ncross-examination of the witness about the issue to the trial.\nsexual offence means an offence against the Crimes Act 1900, part 3\n(Sexual offences), part 4 (Female genital mutilation) or part 5 (Sexual\nservitude).\n90ABA Attendance of accused not required if order made under\ns 89A\nThe accused person is not required to be present at the committal\nhearing if the person is excused from attending the hearing under\nsection 89A.\n","sortOrder":94},{"sectionNumber":"90A","sectionType":"section","heading":"Plea of guilty at committal hearing","content":"90A Plea of guilty at committal hearing\n(1) This section does not apply in relation to a person charged with an\nindictable offence punishable by imprisonment for life.\n(2) Subsections (3), (4), (5) and (6) do not apply in relation to a person\ncharged with an offence in relation to which the Crimes Act,\nsection 374, section 375 or section 375AA applies.\n(3) A person (the accused person) who is before the court charged with\nan indictable offence may at any stage of the proceeding plead guilty\nto the charge.\n\n(4) The court may accept or reject the plea but the rejection of the plea at\nany stage of the proceeding does not prevent the accused person from\npleading guilty under this section at a later stage of the proceeding\nand the court may accept or reject the plea at that later stage.\n(5) If the court rejects the plea, the proceeding before the court must\ncontinue as if the plea had not been made.\n(6) If—\n(a) the court accepts the plea; and\n(b) any of the following subparagraphs applies to the offence:\n(i) the offence is under a law in force in the ACT punishable\neither on indictment or summary conviction;\n(ii) the offence may be dealt with summarily without the\naccused person’s consent;\n(iii) the offence may be dealt with summarily if the accused\nperson consents and the accused person consents to it being\ndealt with summarily;\n(iv) the offence may be dealt with summarily if the prosecutor\nrequests and the prosecutor requests that it be dealt with\nsummarily; and\n(c) it appears to the court that it is proper to deal with the case\nsummarily;\nthe court may, without hearing further evidence, sentence or\notherwise deal with the accused person and finally dispose of the\ncharge and all incidental matters.\n(7) If—\n(a) the court accepts the plea; and\n(b) any of the following subparagraphs applies to the offence:\n\n(i) it does not appear to the court that it is proper to deal with\nthe case summarily;\n(ii) the offence is punishable only on indictment;\n(iii) the offence may be dealt with summarily if the accused\nperson consents, but the accused person does not consent\nto it being dealt with summarily;\n(iv) the offence may be dealt with summarily if the prosecutor\nrequests, but the prosecutor does not request that it be dealt\nwith summarily;\n(v) this subsection applies to the accused person under the\nCrimes Act, section 374, section 375 or section 375AA;\nthe Magistrates Court must commit the accused person to the sittings\nof the Supreme Court that the Supreme Court directs and the Supreme\nCourt must deal with the accused person in accordance with\nsubsections (8) to (13).\n(8) A committal under subsection (7) is taken, for all purposes relating to\nthe venue or change of venue of a proceeding consequent on the\ncommittal, to be a committal for trial.\n(9) The Supreme Court may order that the proceeding before the\nMagistrates Court where the accused person pleaded guilty be\ncontinued at a time and place stated in the order.\n(10) The Supreme Court must make an order under subsection (9) if—\n(a) it appears to the Supreme Court from the information or\nevidence given to or before it that the facts in relation to which\nthe accused person was charged before the Magistrates Court do\nnot support the charge to which the accused person pleaded\nguilty; or\n(b) the accused person or a lawyer representing the accused person\nor informant asks that the order be made.\n\n(11) Except if an order is made under subsection (9), the Supreme Court\nhas the same powers of sentencing or otherwise dealing with the\naccused person and of finally disposing of the charge and of all\nincidental matters as it would have had if the accused person, on\narraignment at any sittings of the court, had pleaded guilty to the\noffence charged on an indictment filed by the Attorney-General or the\nAttorney-General of the Commonwealth.\n(12) The procedure relating to committal for trial applies, as nearly as may\nbe, to a committal under subsection (7) and bail may be granted as on\na committal for trial, but a person must not be bound over to give\nevidence on a committal under that subsection unless the court\notherwise orders.\n(13) If an order is made by the Supreme Court under subsection (9) that\nthe proceeding before a court where an accused person pleaded guilty\nbe continued at a time and place stated in the order—\n(a) the proceeding must be continued in all respects as if the accused\nperson had not pleaded guilty and as if the proceeding had been\nadjourned by the court to the time and place so stated; and\n(b) the Supreme Court may exercise any power that the Magistrates\nCourt might have exercised under division 3.4.3 (Remand) if the\norder had been an order made by the Magistrates Court\nadjourning the proceeding to the stated time and place, and that\ndivision applies in relation to the accused person.\n","sortOrder":95},{"sectionNumber":"90B","sectionType":"section","heading":"Back-up and related offences––transfer to Supreme Court","content":"90B Back-up and related offences––transfer to Supreme Court\n(1) This section applies if a person (the accused person)––\n(a) is committed for trial under section 90A (7); and\n(b) has been charged with a back-up or related offence.\nNote Back-up offence and related offence––see the dictionary.\n(2) The prosecutor must tell the court about the back-up or related\n\n(3) The court must transfer the proceeding for the back-up or related\noffence to the Supreme Court, to be dealt with under the Supreme\nCourt Act 1933, part 8 (Back-up and related offences).\n(4) Subsection (3) does not prevent the accused person being charged\nwith an offence after committal under section 90A (7).\n(5) However, if the accused person is charged with a back-up or related\noffence after committal under section 90A (7), the court must transfer\nthe proceeding for the offence to the Supreme Court, to be dealt with\nunder the Supreme Court Act 1933, part 8.\n","sortOrder":96},{"sectionNumber":"91","sectionType":"section","heading":"Proceeding following prosecution evidence","content":"91 Proceeding following prosecution evidence\n(1) When all the evidence offered by the prosecution in relation to the\nindictable offence with which the accused person is charged has been\ntaken, the court must charge the accused person with the offence and\nmust say to the accused person these words, or words to the like\neffect:\n‘Do you wish to say anything in answer to the charge? You are not\nobliged to say anything unless you desire to do so; but whatever you\nsay may be given in evidence against you on your trial. You are\nclearly to understand that you have nothing to hope from any promise\nor favour, and nothing to fear from any threat that may have been held\nout to you to induce you to make any admission or confession of your\nguilt; but whatever you now say may be given in evidence against\nyou on your trial, notwithstanding any such promise or threat.’.\n(2) Subsection (1) does not apply in relation to a person charged with an\nindictable offence if the court has decided to dispose of the case\nsummarily under a law in force in the ACT.\n(3) If the court commits the accused person for trial before the Supreme\nCourt, any statement made by the person in reply to the question\nmentioned in subsection (1) is, on the trial of the accused person,\nadmissible as evidence.\n\n(4) Whether or not the accused person makes a statement in reply to the\nquestion mentioned in subsection (1), the magistrate must ask the\nperson if the person wishes to give evidence himself or herself or to\ncall any witnesses on his or her behalf and, if the accused person or\nany other person then gives evidence, the prosecutor is at liberty to\ncross-examine the witness and to adduce evidence in reply.\n","sortOrder":97},{"sectionNumber":"92A","sectionType":"section","heading":"Committal for sentence for indictable offence tried","content":"92A Committal for sentence for indictable offence tried\nsummarily\n(1) On the summary conviction of a person charged with an indictable\noffence, the court may, if it appears to it that because of the character\nand antecedents of the person it is desirable that sentence be passed\non the person by the Supreme Court, commit the person for sentence\nto the sittings of the Supreme Court that the court directs.\n(2) If the court commits a person for sentence under subsection (1), the\ncourt must––\n(a) deal with the person in the same way as a person who is\ncommitted for trial under section 94 (1) (b) (Discharge or\ncommittal for trial); and\n(b) if the person has been charged with a back-up or related\noffence—deal with the back-up or related offence in accordance\nwith section 94 (2).\n(3) The Supreme Court has the same powers of sentencing or otherwise\ndealing with a person committed for sentence under this section as it\nwould have had if the person had been convicted in that court.\n(4) This section does not apply to the summary conviction of a person\ncharged with an indictable offence if the case was dealt with\nsummarily under the Crimes Act, section 374 (Summary disposal of\ncertain cases at prosecutor’s election).\n\nIndictable offences—proceedings after hearing of evidence Division 3.5.3\n","sortOrder":98},{"sectionNumber":"92B","sectionType":"section","heading":"Depositions as evidence","content":"92B Depositions as evidence\nIf—\n(b) the person has not admitted the truth of the charge; and\n(c) the court has decided to dispose of the case summarily under a\nlaw in force in the ACT;\nthe depositions of the witnesses who gave evidence for the\nprosecution at the preliminary hearing are taken to be evidence given\non the hearing of the charge and the witnesses, or any of them, must,\nif so required by the prosecutor or the defendant, be called or recalled\nfor examination or cross-examination.\n","sortOrder":99},{"sectionNumber":"93","sectionType":"section","heading":"Admissions and confessions","content":"93 Admissions and confessions\nThis Act does not prevent the prosecutor in any case from giving in\nevidence any admission or confession or other statement of the\ndefendant made at any time if it is admissible as evidence against the\nDivision 3.5.3 Indictable offences—proceedings\nafter hearing of evidence\n","sortOrder":100},{"sectionNumber":"94","sectionType":"section","heading":"Discharge or committal for trial","content":"94 Discharge or committal for trial\n(1) When all the evidence for the prosecution and the defence have been\ntaken in relation to the indictable offence with which the accused\nperson is charged, the court must—\n(a) if the court is satisfied, having regard to all the evidence before\nit, that there is no reasonable prospect that the person would be\nfound guilty of an indictable offence—if the person is in custody\nin relation to the offence, immediately order that the person be\nreleased from custody in relation to the offence; or\n\nDivision 3.5.3 Indictable offences—proceedings after hearing of evidence\n(b) if the court is not satisfied as mentioned in paragraph (a)—\ncommit the person for trial.\n(2) If the accused person is committed for trial under subsection (1) and\nhas been charged with a back-up or related offence––\n(a) the prosecutor must tell the court about the back-up or related\n(b) the court must transfer the proceeding for the back-up or related\noffence to the Supreme Court, to be dealt with under the\nSupreme Court Act 1933, part 8 (Back-up and related offences).\n(3) Subsection (2) does not prevent the accused person being charged\nwith an offence after committal under subsection (1) (b).\n(4) However, if the accused person is charged with a back-up or related\noffence after committal under subsection (1) (b), the court must\ntransfer the proceeding for the offence to the Supreme Court, to be\ndealt with under the Supreme Court Act 1933, part 8.\nNote 1 For the meaning of commit a person for trial, see the Legislation Act,\ndict, pt 1.\nNote 2 The court must issue a warrant for the remand of the defendant in the\n","sortOrder":101},{"sectionNumber":"95","sectionType":"section","heading":"Depositions of dead or absent people","content":"95 Depositions of dead or absent people\nIf, on the trial of a person who has previously been charged before the\ncourt with an indictable offence and committed for trial, it is proved—\n(a) that a witness whose depositions were taken at the hearing of the\ncharge before the magistrate is dead or so ill as not to be able to\ntravel or to give evidence, or is absent from Australia; and\n(b) that the depositions of the witness were taken in the presence of\nthe accused person; and\n\nIndictable offences—costs Division 3.5.4\n(c) that the accused person or a lawyer representing the accused\nperson had a full opportunity of cross-examining the witness;\nthe depositions are admissible as evidence—\n(d) if taken in the way specified in section 316 (3)—be read as\nevidence at the trial of the accused person without further proof\nunless it is proved that the magistrate by whom the depositions\npurport to have been signed did not in fact sign them; or\n(e) if recorded by 1 of the ways specified in section 316 (2)—be\nread as evidence at the trial of the accused person if it is proved\nthat the record is a correct record of the depositions and that the\ntranscript is a correct transcript of that record.\n","sortOrder":102},{"sectionNumber":"96","sectionType":"section","heading":"Evidence for defence","content":"96 Evidence for defence\nIf a person is charged with an indictable offence as such, the court is\nbound to hear any evidence tendered on the person’s behalf tending\nto show that the defendant is not guilty of the offence with which the\ndefendant is charged.\nDivision 3.5.4 Indictable offences—costs\n","sortOrder":103},{"sectionNumber":"97","sectionType":"section","heading":"Discontinued proceeding","content":"97 Discontinued proceeding\nIf—\n(a) in a proceeding under this part, the court is of the opinion,\nhaving regard to all the evidence before it, that there is no\nreasonable prospect that the person would be convicted of an\nindictable offence; or\n(b) a proceeding under this part is discontinued for any other reason;\nthe court may order that the informant pay to the defendant the costs\nthe court considers just.\n\nDivision 3.5.5 Indictable offences—witness recognisances\nDivision 3.5.5 Indictable offences—witness\nrecognisances\n103 Recognisance of witnesses etc\n(1) The court may bind by recognisance every person whose written\nstatement was admitted in evidence under section 90AA, or who was\nexamined before it, to appear at the court at which the defendant is to\nbe tried, and then and there to give evidence against the defendant.\n(2) The recognisance must particularly specify the profession, trade, or\ncalling of every person who enters into it, together with the person’s\nfull name and place of residence.\n","sortOrder":104},{"sectionNumber":"104","sectionType":"section","heading":"Signature of magistrate—notice to witnesses","content":"104 Signature of magistrate—notice to witnesses\nEvery such recognisance must be duly acknowledged by every person\nwho enters into it, and must be subscribed by the magistrate before\nwhom it is acknowledged, and a notice of it signed by the magistrate\nmust at the same time be given to every person bound by it.\n","sortOrder":105},{"sectionNumber":"105","sectionType":"section","heading":"Court may remand noncompliant witness","content":"105 Court may remand noncompliant witness\n(1) If a witness fails to enter into a recognisance, the court may order the\nremand of the witness in custody until after the defendant’s trial,\nunless the witness enters into the recognisance before a magistrate.\nNote The Crimes (Sentence Administration) Act 2005, pt 3.2 provides for the\n(2) If the witness is remanded under this section, a magistrate may order\nthe director-general to release the witness from custody in accordance\nwith the order if—\n(a) the defendant is not committed for trial for the offence with\nwhich the defendant is charged; or\n(b) the relevant officer declines to file an information against the\ndefendant for the offence; or\n\nIndictable offences—other provisions Division 3.5.6\n(c) the witness enters into the recognisance before a magistrate.\n","sortOrder":106},{"sectionNumber":"105A","sectionType":"section","heading":"Meaning of certified copy of depositions in div 3.5.6","content":"105A Meaning of certified copy of depositions in div 3.5.6\ncertified copy, of depositions, means—\n(a) if a record of the deposition was made in accordance with\nsection 316 (2)—a transcript of the record certified in\naccordance with section 314 (2); or\n(b) if the depositions were taken down in writing and signed in\naccordance with section 316 (3)—the depositions as taken down\nand signed.\n","sortOrder":107},{"sectionNumber":"106","sectionType":"section","heading":"Giving depositions etc to director of public prosecutions","content":"106 Giving depositions etc to director of public prosecutions\n(1) If a defendant is committed for trial or for sentence, the court must as\nsoon as possible after the conclusion of the case before it, give to the\ndirector of public prosecutions or a person authorised by the director\nof public prosecutions all informations, examinations, depositions,\nstatements, bail undertakings and other documents sworn taken or\nacknowledged in the case.\ndepositions means a certified copy of depositions.\nstatement includes a certified copy of the statement (if any) made by\na defendant in reply to the question mentioned in section 91 (1).\n\n","sortOrder":108},{"sectionNumber":"107","sectionType":"section","heading":"Giving documents to proper officer of court","content":"107 Giving documents to proper officer of court\n(1) After being given the documents and before the day of trial, the\ndirector of public prosecutions or a person authorised by the director\nof public prosecutions has and is subject to the same duties and\nliabilities in relation to the documents on a certiorari order directed to\nhim or her as the court would have had and been subject to on a\ncertiorari order to it if the documents had not been given.\n(2) The director of public prosecutions, a person authorised by the\ndirector of public prosecutions, the person representing the director\nof public prosecutions or the person representing the informant, must,\nat any time after the opening of the Supreme Court at the sitting at\nwhich the trial is to be had, give the documents or any of them to the\nproper officer of the Supreme Court, if the presiding judge so directs.\n","sortOrder":109},{"sectionNumber":"108","sectionType":"section","heading":"Accused person may obtain copies of depositions etc","content":"108 Accused person may obtain copies of depositions etc\n(b) the Magistrates Court commits the person for trial before the\nSupreme Court.\n(2) At any time before the person’s trial before the Supreme Court starts,\nthe person may apply to the registrar—\n(a) for certified copies of depositions in the case; and\n(b) for the evidence given on the cross-examination or the\nexamination of any witnesses in the case.\n(3) The registrar must give the person the certified copies of depositions\nand the evidence applied for under subsection (2).\n(4) If the person is in custody, the person having the custody of the person\nmust give any application under subsection (2) to the registrar.\n\nPart 3.5A Pre-hearing disclosure for\noffences punishable summarily\n108AA Application—pt 3.5A\n(1) This part applies to a criminal proceeding if—\n(a) the proceeding begins on or after the day the Crimes\n(Disclosure) Legislation Amendment Act 2024, section 16\ncommences; and\n(b) the proceeding is for—\n(i) a summary offence; or\n(ii) an indictable offence being dealt with summarily; and\n(c) the defendant pleads not guilty to the offence.\n(2) However, the court may, by order, dispense with the application of\nany or all of the provisions of this part to a particular proceeding if\nsatisfied it is in the interests of justice.\n108AB Prosecutor must give brief of evidence to defendant who\npleads not guilty\n(1) The prosecutor in a criminal proceeding must give the defendant a\nbrief of evidence about the offence that is the subject of the\nproceeding—\n28 days before the date set for the court to hear the prosecution\ncase.\n(2) The brief of evidence must include—\n(a) a copy of all written statements taken from any person the\nprosecutor proposes to call as a witness; and\n\n(b) for each document or other thing identified in a statement\nmentioned in paragraph (a) that the prosecutor proposes to\nadduce as evidence—a copy of, or a written notice about the\nright to inspect, the document or thing; and\n(c) a copy of, or a written notice about the right to inspect, any\ninformation, document or other thing that—\n(i) was provided by a police officer or other person\nresponsible for investigating the offence to the prosecutor,\nor is otherwise in the possession or control of the\nprosecutor; and\n(ii) would reasonably be regarded as relevant to either the\nprosecution case or the defence case; and\n(iii) has not otherwise been disclosed to the defendant; and\n(d) a list identifying—\n(i) any information, document or other thing of which the\nprosecutor is aware and that—\n(A) would reasonably be regarded as relevant to either the\nprosecution case or defence case; and\n(B) is not in the possession or control of the prosecutor or\nthe defendant; and\n(C) has not otherwise been disclosed to the defendant; and\n(ii) the place where the prosecutor believes the information,\ndocument or other thing may be found; and\n(e) a list of all statements given by witnesses whom the prosecutor\nproposes to call at the trial.\n(3) Subsection (2) requires the brief of evidence to include information,\na document or another thing, or a notice about inspection of it,\nwhether or not it could be admitted as evidence.\n\n(4) The prosecutor must give the defendant a notice under\nsubsection (2) (b) or (c) about the right to inspect information,\na document or another thing only if—\n(b) the defendant agrees to inspect the information, document or\nother thing instead of receiving a copy of it.\n108AC Ongoing duty of disclosure by prosecutor\n(1) The prosecutor in a criminal proceeding must give a defendant a copy\nof, or a written notice about the right to inspect, any information,\ndocument or other thing that—\n(a) comes into the prosecutor’s possession or control, or to their\nnotice, after giving the brief of evidence to the defendant; and\n(b) is mentioned in section 108AB (2); and\n(c) has not been given to the defendant.\nNote The prosecutor must comply with this subsection as soon as possible after\nthe information, document or other thing comes into their possession or\ncontrol, or to their notice (see Legislation Act, s 151B).\n(2) The prosecutor must give the defendant a notice under subsection (1)\nabout the right to inspect information, a document or another thing\nonly if—\n(b) the defendant agrees to inspect the information, document or\nother thing instead of receiving a copy of it.\n\n108AD Prosecutor must allow inspection of certain disclosed\nmatters on request\n(1) This section applies if a defendant has been given a notice mentioned\nin section 108AB (2) (b) or (c) or section 108AC (1) about the right\nto inspect information, a document or another thing.\n(2) The defendant or their lawyer may ask the prosecutor to allow the\ndefendant or their lawyer to inspect the information, document or\nother thing.\n(3) The prosecutor must comply with a request under this section.\n108AE Address and contact details of people generally must not\nbe disclosed under pt 3.5A\n(a) the prosecutor is required under this part to do any of the\nfollowing (a disclosure obligation):\n(i) give a defendant a copy of, or a notice about the right to\ninspect, information, a document or another thing;\n(ii) allow the defendant or their lawyer to inspect the\ninformation, document or other thing; and\n(b) complying with the disclosure obligation would—\n(i) disclose an address or contact details of a witness proposed\nto be called by the prosecutor or any other living person; or\n(ii) allow the address or contact details to be worked out; and\n(c) the address or contact details are not relevant to the prosecution\ncase or the defence case.\n(2) The prosecutor must comply with the disclosure obligation to the\nextent possible without—\n(a) disclosing the address or contact details; or\n\n(b) allowing the address or contact details to be worked out.\nExamples\n1 The prosecutor redacts a person’s address or contact details from a copy of a\ndocument given to the defendant.\n2 The prosecutor, when allowing the defendant to inspect something with a\nperson’s address or contact details on it, temporarily conceals the address or\ncontact details so it cannot be read by the defendant.\n3 The prosecutor does not give the defendant a copy of a document that consists\nsolely of the address or contact details of a person, and notifies the defendant\nwhy the document was not disclosed.\n(3) The court may make an order requiring the prosecutor to comply with\nsubsection (2) in a particular way or subject to particular conditions.\n(4) Subsection (2) does not apply if the court is satisfied that—\n(a) it is in the interests of justice (including the right of the\ndefendant to prepare for the hearing of the evidence for the\nprosecution) that the person’s address or contact details be\ndisclosed; and\n(i) disclosure of the address or contact details is not likely to\ncreate a reasonably foreseeable risk to the welfare or safety\nof the person or any other person; or\n(ii) if there is a risk mentioned in subparagraph (i)—the\ninterests of justice outweigh the risk.\n(5) This section does not apply to the disclosure of a person’s address or\ncontact details in general terms that does not—\n(a) disclose the person whose address or contact details it is; or\n(b) allow the person whose address or contact details it is to be\nworked out.\n\n108AF Material used to give evidentiary certificate etc need not\nbe disclosed under pt 3.5A\n(1) This part does not require a prosecutor to give a defendant a copy of,\nor a notice about the right to inspect, any information, document or\nother thing that was prepared or used only in the course of giving an\nevidentiary certificate.\nevidentiary certificate means a certificate that, under a territory law,\nis evidence of the matters stated in the certificate.\n108AG Sanctions for non-compliance with disclosure\nrequirements\n(a) the prosecutor in a criminal proceeding seeks to adduce\nevidence in the proceeding; and\n(b) the prosecutor failed to disclose the evidence to the defendant in\naccordance with this part.\n(2) The court may refuse to admit the evidence.\n(3) The court may grant an adjournment to a party to the proceeding\n(other than the prosecutor) if admission of the evidence would\nprejudice the case of the party.\n108AH Effect of pt 3.5A on other laws\n(1) This part does not limit another territory law that requires the\nprosecution in a criminal proceeding to disclose something to a\nNote Territory law includes the common law (see Legislation Act, dict, pt 1,\ndef territory law and law, of the Territory).\n\n(2) This part does not require the disclosure by the prosecutor of anything\nthat is the subject of—\n(a) a claim of privilege or public interest immunity; or\n(b) an immunity conferred by a law applying in the ACT or\nelsewhere; or\n(c) a prohibition or restriction under a law applying in the ACT or\nelsewhere on the disclosure of the thing to the defendant\n(a non-disclosure obligation).\n(3) However, if the prosecutor does not disclose something mentioned in\nsubsection (2), they must instead give the defendant a statement\n(a) describes the thing to the extent possible without—\n(i) prejudicing a claim or intended claim of immunity or an\napplication in relation to a non-disclosure obligation; or\n(ii) contravening a non-disclosure obligation; and\n(b) outlines the nature of the claim or intended claim of privilege or\nimmunity or the non-disclosure obligation that applies to the\nthing.\n(4) A statement under subsection (3) must be—\n(a) if the thing was not disclosed under section 108AB—included\nin the brief of evidence; or\n(b) if the thing was not disclosed under section 108AC—given to\nthe defendant as soon as possible after the thing comes into the\nprosecutor’s possession or control, or to their notice.\n\nPart 3.6 Proceedings for offences\npunishable summarily\n","sortOrder":110},{"sectionNumber":"108A","sectionType":"section","heading":"Indictable offences dealt with summarily","content":"108A Indictable offences dealt with summarily\nIf—\n(b) the court has decided to dispose of the case summarily under a\nlaw in force in the ACT;\nthis part applies, so far as it is applicable, to the summary disposal of\nthe case.\n","sortOrder":111},{"sectionNumber":"109","sectionType":"section","heading":"Dismissal or adjournment in absence of informant","content":"109 Dismissal or adjournment in absence of informant\n(a) the defendant appears (whether voluntarily, in accordance with\na summons or under a warrant) at the time and place for the\nhearing of an information in relation to an offence punishable\nsummarily; and\n(b) the informant, having been notified of the time and place for the\nhearing, does not appear either personally or by a lawyer\nappearing for the informant;\nthe court must, subject to subsection (2), dismiss the information.\n(2) The court may, if it considers it is appropriate to do so, adjourn to\nanother day the hearing of an information that would otherwise be\ndismissed under subsection (1).\n\n","sortOrder":112},{"sectionNumber":"110","sectionType":"section","heading":"Hearing in absence of defendant","content":"110 Hearing in absence of defendant\n(1) If a summons has been served in accordance with section 41 and the\ndefendant does not appear when called, the court may either—\n(a) proceed to hear and decide the case in the absence of the\ndefendant; or\n(b) on oath being made before it, substantiating the matter of the\ninformation to its satisfaction, issue a warrant for the arrest of\nthe defendant and to bring the defendant before the court to\nanswer to the information and be further dealt with according to\nlaw.\n(2) If the court proceeds under subsection (1) (a)—\n(a) the evidence of the informant or another person may be given\norally; or\n(b) a written statement made by the informant or another person\nmay be admitted as evidence of the matters contained in it.\n(3) A written statement admitted in evidence constitutes the depositions\nof the person who made the statement.\n(4) A written statement must not be admitted in evidence unless it is\nsworn before—\n(a) a lawyer; or\n(b) a justice of the peace; or\n(c) the registrar; or\n(d) a person prescribed by regulation or rule.\n(5) If the court admits a written statement in evidence it may, on its own\ninitiative, adjourn the hearing of the information and require the\nperson who made the statement to attend before the court to give\nevidence.\n\n(6) Although a part of a written statement tendered in evidence under this\nsection is inadmissible according to the rules of evidence, the\nstatement is nevertheless admissible under this section as evidence of\nthe matters contained in the remainder of that statement, but, if the\ncourt admits such a statement, the court must identify the part that is\ninadmissible and must, with reference to that part, write on the\nstatement ‘ruled inadmissible’ or words to that effect.\n(7) The court must not sentence a defendant to imprisonment for an\noffence if the court has heard and decided the case under\nsubsection (1) (a) in the absence of the defendant.\n(8) The court must set aside an order made in hearing and deciding a case\nunder subsection (1) (a) if—\n(a) the defendant applies under the rules to have the order set aside;\nand\n(b) the court is satisfied on reasonable grounds that the defendant—\n(i) did not know the hearing date; or\n(ii) did not understand that the court could proceed to hear and\ndecide the case in the defendant’s absence if the defendant\nfailed to appear; or\n(iii) otherwise had a reasonable excuse for failing to appear.\n","sortOrder":113},{"sectionNumber":"111","sectionType":"section","heading":"Adjournment if defendant does not appear","content":"111 Adjournment if defendant does not appear\n(a) the defendant does not appear before the court for the hearing of\nthe information; and\n(b) the court has issued a warrant for the defendant’s arrest.\n(2) The court must adjourn the hearing until the defendant is arrested.\n\n(3) If the defendant is arrested under the warrant, the defendant must be\ndetained in custody until the defendant can be brought before the\ncourt at a time and place fixed by the court.\n(4) The court must give the informant notice of the time and place fixed.\n","sortOrder":114},{"sectionNumber":"112","sectionType":"section","heading":"Summary proceedings—issue of warrant for non-","content":"112 Summary proceedings—issue of warrant for non-\nappearance at adjourned or postponed hearing\n(a) a defendant appears before the court for the hearing of an\ninformation for an offence; and\n(b) the information is substantiated by the oath of the informant or\na witness; and\n(c) the court adjourns or postpones the hearing or further hearing;\nand\n(d) the defendant is told of the time and place of the adjourned or\npostponed hearing or further hearing; and\n(e) the defendant does not appear before the court at the adjourned\nor postponed hearing or further hearing.\n(2) The court may issue a warrant for the arrest of the defendant and to\nbring the defendant before the court at the adjourned or postponed\nhearing or further hearing.\n","sortOrder":115},{"sectionNumber":"112A","sectionType":"section","heading":"Court may direct defendant to appear","content":"112A Court may direct defendant to appear\n(a) a summons is served on a defendant in relation to an information\nfor an offence; and\n(b) in accordance with the summons—the defendant appears before\nthe court represented by a lawyer; and\n(c) the defendant does not appear personally for the hearing; and\n\n(d) the information is substantiated by the oath of the informant or\na witness.\n(2) The court may at any time during the hearing—\n(a) adjourn the hearing; and\n(b) direct the defendant by written notice to attend personally before\nthe court for any matter related to the hearing, at the time and\nplace specified by the court.\n(3) A notice under subsection (2) must be served in the same way as the\nservice of a summons under section 41.\n(4) If the defendant does not appear before the court in accordance with\na notice under subsection (2), the court may issue a warrant for the\narrest of the defendant and to bring the defendant before the court.\n","sortOrder":116},{"sectionNumber":"113","sectionType":"section","heading":"Proceeding at hearing on defendant’s confession","content":"113 Proceeding at hearing on defendant’s confession\nIf the defendant is present at the hearing, the substance of the\ninformation must be stated to the defendant, and the defendant must\nbe asked if the defendant has any cause to show why the defendant\nshould not be convicted or why an order should not be made against\nthe defendant, and if the defendant has no cause to show, the court\nmay convict the defendant, or make an order against the defendant\n","sortOrder":117},{"sectionNumber":"114","sectionType":"section","heading":"If defendant does not admit the case","content":"114 If defendant does not admit the case\n(1) This section applies if the defendant does not admit the truth of the\ninformation.\n(2) The court must hear—\n(a) the informant and the informant’s witnesses (if any); and\n(b) if the defendant wants to give evidence—the defendant; and\n(c) the defendant’s witnesses (if any); and\n\n(d) if the defendant has given evidence other than about the\ndefendant’s general character—the informant’s witnesses in\nreply (if any).\n(3) Having heard each party and the evidence, the court must decide the\ninformation and do 1 of the following as justice requires:\n(a) convict the defendant;\n(b) make an order on the defendant;\n(c) dismiss the information.\n","sortOrder":118},{"sectionNumber":"115","sectionType":"section","heading":"Conduct of summary proceeding","content":"115 Conduct of summary proceeding\n(1) The defendant or a lawyer representing the defendant may address the\ncourt after all the evidence for the informant and the evidence (if any)\nfor the defendant and for the informant in reply has been given.\n(2) The informant or a lawyer representing the informant may make a\nclosing address.\n\nPart 3.7 Service and pleading by post for\ncertain offences\n","sortOrder":119},{"sectionNumber":"116A","sectionType":"section","heading":"Definitions for pt 3.7","content":"116A Definitions for pt 3.7\n(1) In this part:\ndefendant means a person who has been properly served with a\nsummons in accordance with section 116B.\nlaw in force in the ACT includes a statute of the Australian National\nUniversity about parking or traffic.\n(2) For this part (other than section 116B (2)), a notice to defendant\nform, notice of intention to defend form and plea of guilty form\nincludes a copy of the form printed on the back of a copy of a\n116AA Meaning of prescribed offence for pt 3.7\n(1) For this part, an offence against a law in force in the ACT is a\nprescribed offence in relation to a person if—\n(a) for an offence against the road transport legislation—the\nmaximum fine that can be imposed on the person for the offence\nis 30 penalty units; or\n(b) it is an offence against the Heavy Vehicle National Law (ACT);\nor\n(c) for any other offence—the maximum fine that can be imposed\non the person for the offence is 10 penalty units.\nroad transport legislation means the following:\n(a) the Road Transport (Driver Licensing) Act 1999;\n(b) the Road Transport (General) Act 1999;\n\n(c) the Road Transport (Public Passenger Services) Act 2001;\n(d) the Road Transport (Safety and Traffic Management) Act 1999;\n(e) the Road Transport (Vehicle Registration) Act 1999;\n(f) any other Act or any regulation prescribed by regulation.\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n","sortOrder":120},{"sectionNumber":"116B","sectionType":"section","heading":"Service of summons for prescribed offence","content":"116B Service of summons for prescribed offence\n(1) A summons for a person in relation to a prescribed offence may be\nserved on the person—\n(a) by giving 2 copies of the summons to the person; or\n(b) by sending 2 copies of the summons by prepaid post, addressed\nto the person, at the person’s last-known home or business\naddress; or\n(c) by leaving 2 copies of the summons at the person’s last-known\nhome or business address with someone who appears to be at\nleast 16 years old and to live or be employed at the address.\n(2) One copy of a summons in relation to a prescribed offence served in\naccordance with this section must have the notice to defendant form\nprinted on the back of it, and the other copy of that summons so\nserved must have the notice of intention to defend form and the plea\nof guilty form printed on the back of it.\n(3) Service of a summons on a person in relation to a prescribed offence\nin a way mentioned in subsection (1) (a) or (c) must be made not less\nthan 14 days before the day the person is required by the summons to\nappear before the court.\n\n(4) If a summons in relation to a prescribed offence is served in\naccordance with this section in the way mentioned in\nsubsection (1) (b), the 2 copies of the summons must be sent by post\nnot less than 21 days before the day when the person to whom it is\ndirected is required by the summons to appear before the court.\n116BA Giving of notice by registrar\nIf the registrar is required to give notice to a person under this part,\nthe notice may be given by sending the notice by prepaid post,\naddressed to the person, at the person’s last-known home or business\naddress.\n","sortOrder":121},{"sectionNumber":"116C","sectionType":"section","heading":"Proof of service","content":"116C Proof of service\n(1) Service of a summons or notice for this part may be proved by the\noath of the person who served it, by affidavit or otherwise.\n(2) For this part, if—\n(a) a summons has been served in accordance with section 116B;\nand\n(b) a copy of the summons is returned to the registrar with the notice\nof intention to defend form or the plea of guilty form completed;\nthe defendant is taken, unless the contrary is proved, to have\ncompleted and signed the form so completed and to have returned the\nform to the registrar.\n(3) The plea of guilty form must be signed in the presence of 1 of the\nfollowing people:\n(a) the registrar;\n(b) a lawyer;\n\n(c) a justice of the peace;\n(d) a person prescribed by regulation or rule.\n","sortOrder":122},{"sectionNumber":"116D","sectionType":"section","heading":"Pleas to prescribed offence","content":"116D Pleas to prescribed offence\nA defendant may—\n(a) without prejudice to any other means of pleading guilty, enter a\nplea of guilty by completing the plea of guilty form and\nreturning the form, whether by post or otherwise, to the registrar;\nor\n(b) give notice of his or her intention to defend by completing the\nnotice of intention to defend form and returning the form,\nwhether by post or otherwise, to the registrar.\n","sortOrder":123},{"sectionNumber":"116E","sectionType":"section","heading":"Procedure if plea of guilty entered","content":"116E Procedure if plea of guilty entered\n(a) a defendant enters a plea of guilty in accordance with\nsection 116D; and\n(b) the defendant—\n(i) does not appear at the hearing; or\n(ii) appears but does not withdraw his or her plea of guilty; and\n(c) the court accepts the plea of guilty;\nthe court must record a plea of guilty and decide the proceeding\n(2) The court, in deciding a proceeding under subsection (1), must have\nregard to any matter drawn to its attention in the plea of guilty and\ngive the matter the weight it considers appropriate.\n\n(3) If the court declines to accept a plea of guilty entered in accordance\nwith section 116D—\n(a) the court must adjourn the hearing and fix a time and place for\nthe hearing of the proceeding; and\n(b) if the defendant is not before the court—the registrar must give\nto the defendant notice of the time and place fixed.\n(4) If a defendant does not appear at the time and place fixed under\nsubsection (3), the court may hear and decide the proceeding in the\nabsence of the defendant.\n","sortOrder":124},{"sectionNumber":"116F","sectionType":"section","heading":"Procedure if notice of intention to defend given","content":"116F Procedure if notice of intention to defend given\nIf a defendant returns the notice of intention to defend form to the\nregistrar before the day when the defendant is required by the\nsummons to appear before the court—\n(a) the court must fix a time and place for the hearing of the\n(b) the registrar must give to the defendant notice of the time and\nplace fixed.\n116FA Procedure if defendant pleads not guilty\nIf the defendant appears before the court at the time and place at\nwhich the defendant is required by the summons to appear and pleads\nnot guilty, the court must adjourn the hearing, fix a time and place for\nthe hearing of the proceeding and inform the defendant of the time\nand place fixed.\n","sortOrder":125},{"sectionNumber":"116G","sectionType":"section","heading":"Procedure if defendant does not plead","content":"116G Procedure if defendant does not plead\nIf—\n(a) a summons has been served in accordance with section 116B;\nand\n\n(i) the defendant does not enter a plea of guilty in accordance\nwith section 116D or return the notice of intention to\ndefend form to the registrar before the day when the\ndefendant is required by the summons to appear before the\ncourt, and does not appear before the court at the time and\nplace specified in the summons; or\n(ii) the defendant does not appear before the court at the time\nand place specified in the notice given to the defendant in\naccordance with section 116F or fixed by the court in\naccordance with section 116FA; and\n(c) the court is satisfied—\n(i) that the matters alleged in the summons are reasonably\nsufficient to inform the defendant of the offence alleged\nagainst the defendant; and\n(ii) that the matters alleged in the summons constitute the\noffence charged in the summons;\nthe court may convict the defendant of the offence charged in the\n","sortOrder":126},{"sectionNumber":"116H","sectionType":"section","heading":"Restricted penalties under pt 3.7","content":"116H Restricted penalties under pt 3.7\n(1) Subject to subsection (4), if—\n(a) a defendant is convicted under this part of an offence against a\nlaw mentioned in a paragraph of section 116AA (1); and\n(b) at the time that the defendant is sentenced, the defendant is not\nbefore the court or is not represented before the court by a\nlawyer;\nthe only penalty that the court may impose is a fine of an amount not\nexceeding the amount mentioned in that paragraph.\n\n(a) the court convicts a defendant of an offence against a law\nmentioned in a paragraph of section 116AA (1); and\n(b) the law provides in effect that a penalty other than a fine may be\nimposed on the defendant; and\n(c) when the defendant is sentenced, the defendant is not before the\ncourt or is not represented before the court by a lawyer; and\n(d) the court considers that a penalty other than a fine may be\nappropriate;\nthe court must adjourn the hearing and fix a time and place for\nsentence.\n(3) The registrar must give the defendant notice of the time and place\nfixed.\n(4) If a defendant convicted of an offence against a law mentioned in a\nparagraph of section 116AA (1) does not appear at the time and place\nfixed under subsection (2), the court, in the absence of the defendant,\nmay impose on the defendant any penalty that is applicable under that\nlaw.\n","sortOrder":127},{"sectionNumber":"116I","sectionType":"section","heading":"Consequences of conviction in absence of defendant","content":"116I Consequences of conviction in absence of defendant\nIf a defendant is, in his or her absence, convicted of an offence, the\nregistrar must give to the defendant written notice of—\n(a) the conviction and order of the court; and\n(b) the penalty (if any) imposed by the court, and the way in which\nand the time by which the penalty is required to be discharged;\nand\n\n(c) unless the proceeding is decided in accordance with section\n116E (1), the defendant’s right to apply for the setting aside of\nthe conviction or order in accordance with the rules.\nNote If the defendant is liable to pay a fine, the notice must contain a penalty\nnotice for the fine (see Crimes (Sentence Administration) Act 2005,\ns 116C (Registrar to send penalty notice)).\n\nPart 3.8 Infringement notices for certain\n","sortOrder":128},{"sectionNumber":"117","sectionType":"section","heading":"Definitions for pt 3.8","content":"117 Definitions for pt 3.8\n(1) In this part:\nadministering authority, for an infringement notice offence, means\nthe entity that, under the regulations, is the administering authority\nfor the offence.\nanother jurisdiction means a jurisdiction other than the ACT.\napproved community work or social development program means a\ncommunity work or social development program approved under\nsection 131AD.\nauthorised person—see section 134A (3).\ndate of service, of an infringement notice or reminder notice that has\nbeen, or is to be, served on a person, means the date the notice is\nserved on the person.\ndriver, of a vehicle, means the person who is driving the vehicle.\nillegal user declaration—see section 131D.\ninfringement notice means a notice under section 120 (Service of\ninfringement notices).\ninfringement notice management plan—see section 131AA.\ninfringement notice offence means an offence declared under the\nregulations to be an offence to which this part applies.\n\nPreliminary Division 3.8.1\ninfringement notice penalty, for a person for an infringement notice\noffence, means—\n(a) the amount prescribed by regulation as the penalty payable by\nthe person for the offence under an infringement notice for the\noffence; or\n(b) if a reminder notice has also been served on the person for the\noffence—the total of the amount mentioned in paragraph (a) and\nthe amount prescribed by regulation as the amount payable by\nthe person for the cost of serving the reminder notice.\nknown offender declaration—see section 131E.\nregistered, for a vehicle, means registered under the Road Transport\n(Vehicle Registration) Act 1999.\nrelevant circumstances, of a person, means any of the following\ncircumstances that relate to the person and contributes to the person’s\nability to pay an infringement notice penalty:\n(a) mental illness or mental disorder;\n(b) disability, disease or illness;\n(c) addiction to drugs, alcohol or another substance;\n(d) family violence;\n(e) homelessness, or living in crisis, transitional or supported\naccommodation;\n(f) anything else prescribed by regulation.\nreminder notice means a notice under section 129 (Reminder\nnotices).\nresponsible director-general means the director-general for the\nCrimes (Sentence Administration) Act 2005, part 6.2 (Good\nbehaviour—community service work).\n\nresponsible person, for a vehicle—see the Road Transport (General)\nAct 1999, section 10 and section 11.\nsold vehicle declaration—see section 131F.\nunknown offender declaration—see section 131G.\nvehicle—see the Road Transport (Vehicle Registration) Act 1999,\nvehicle-related offence means an infringement notice offence that—\n(a) involves a vehicle; and\n(b) is declared by regulation to be an offence to which division 3.8.3\napplies.\ndisability—see the Disability Services Act 1991, dictionary.\nmental disorder—see the Mental Health Act 2015, section 9.\nmental illness—see the Mental Health Act 2015, section 10.\n","sortOrder":129},{"sectionNumber":"118","sectionType":"section","heading":"Purpose and effect of pt 3.8","content":"118 Purpose and effect of pt 3.8\n(1) The purpose of this part is to create a system of infringement notices\nfor certain offences as an alternative to prosecution.\n(2) This part does not—\n(a) require an infringement or reminder notice to be served on a\nperson; or\n(b) affect the liability of a person to be prosecuted for an offence\nif—\n(i) an infringement or reminder notice is not served on the\nperson for the offence; or\n\nPreliminary Division 3.8.1\n(ii) the person does not comply with an infringement or\nreminder notice served on the person for the offence, or an\ninfringement notice management plan entered into in\nrelation to the offence; or\n(iii) an infringement notice served on the person for the offence\nis withdrawn; or\n(c) prevent the service of 2 or more infringement notices on a person\nfor an offence; or\n(d) limit or otherwise affect the penalty that may be imposed by a\ncourt on a person for an offence.\n","sortOrder":130},{"sectionNumber":"119","sectionType":"section","heading":"Regulations about infringement notice offences","content":"119 Regulations about infringement notice offences\n(1) A regulation may prescribe an offence for the definition of\ninfringement notice offence in section 117 by—\n(a) stating the offence; or\n(b) referring to the provision creating the offence; or\n(c) providing that all offences, or all offences except for stated\noffences, against an Act or subordinate law are infringement\nnotice offences.\n(2) Subsection (1) does not limit the way that a regulation may prescribe\nan offence for that definition.\n(3) A regulation may, for the definition of infringement notice penalty in\nsection 117, prescribe—\n(a) an amount as the penalty payable by anyone for an offence if it\nis dealt with under this part; or\n(b) different amounts as the penalties payable for different offences\nif they are dealt with under this part; or\n\n(c) different amounts as the penalties payable for the same kind of\noffence committed by different people or in different\ncircumstances if the offence is dealt with under this part.\n(4) However, an infringement notice penalty prescribed for a person for\nan offence must not exceed the maximum fine that could be imposed\nby a court on the person for the offence.\n(5) Subsection (3) does not limit the way that a regulation may prescribe\nan amount for that definition.\n","sortOrder":131},{"sectionNumber":"120","sectionType":"section","heading":"Service of infringement notices","content":"120 Service of infringement notices\n(1) If an authorised person believes, on reasonable grounds, that a person\nhas committed an infringement notice offence, the authorised person\nmay serve a notice (an infringement notice) on the person for the\n(2) A regulation may make provision in relation to when an authorised\nperson is, or is not, taken to have reasonable grounds for a belief\nmentioned in subsection (1).\n(3) To remove any doubt, an authorised person may not serve an\ninfringement notice on a person under this section for an offence after\nthe end of the time within which a prosecution may be brought for the\n(4) This section does not prevent an infringement notice for a vehicle-\nrelated offence being served on a person under section 131B (Service\nof infringement notice on responsible person for vehicle).\n","sortOrder":132},{"sectionNumber":"121","sectionType":"section","heading":"Contents of infringement notices","content":"121 Contents of infringement notices\n(1) An infringement notice served on a person by an authorised person\nfor an infringement notice offence must—\n(a) be identified by a unique number; and\n\n(b) state the date of service of the notice; and\n(c) state—\n(i) the full name, or surname and initials, and address of the\nperson on whom the notice is served; or\n(ii) the particulars that are, under the regulations, identifying\nparticulars for the person; and\n(d) give brief details of the offence, including the Act or subordinate\nlaw, and the provision of it, contravened by the person, and—\n(i) if the offence took place over a period—the period, or\napproximate period, when the offence was committed; or\n(ii) in any other case—the place where the offence was\ncommitted and the date and approximate time of the\n(e) state the infringement notice penalty payable by the person for\nthe offence; and\n(f) contain the information required by section 122 (Additional\ninformation in infringement notices); and\n(g) identify the authorised person in accordance with the\nregulations; and\n(h) include any other information required by regulation and any\n(2) A regulation may provide that subsection (1) (c) does not apply to an\ninfringement notice.\n\n","sortOrder":133},{"sectionNumber":"122","sectionType":"section","heading":"Additional information in infringement notices","content":"122 Additional information in infringement notices\n(1) The infringement notice must also tell the person on whom it is served\n(a) the person may pay the infringement notice penalty for the\noffence or dispute liability for the offence within 28 days after\nthe day when the notice is served on the person (the date of\nservice of the notice); and\n(b) the person may apply to the administering authority for\nadditional time in which to pay the penalty or dispute liability\nfor the offence; and\n(c) the person may, within 28 days after the date of service of the\nnotice, apply to the administering authority to—\n(i) enter into an infringement notice management plan; or\n(ii) if the person has an infringement notice management\nplan—add the infringement notice penalty for the offence\nto the plan; or\n(iii) waive the infringement notice penalty; and\n(d) the person may apply to the administering authority, in writing,\nfor additional time to do a thing mentioned in paragraph (c); and\n(e) the notice may be withdrawn before or after the penalty is paid;\nand\n(f) if the person pays the penalty within the 28 days (or any\nadditional time allowed by the administering authority) or the\npenalty is waived, then, unless the infringement notice is\nwithdrawn and any penalty refunded—\n(i) any liability of the person for the offence is discharged; and\n(ii) the person will not be prosecuted in court for the offence;\nand\n\n(iii) the person will not be taken to have been convicted of the\n(g) if the person wishes to dispute liability for the offence, the issue\nmay be referred to the Magistrates Court; and\n(h) if the Magistrates Court finds against the person or the person is\nprosecuted in court for the offence, the person may be convicted\nof the offence and ordered to pay a penalty and costs, and be\nsubject to other court orders; and\n(i) if the person does not pay the infringement notice penalty, apply\nto have the penalty waived or dispute liability for the offence,\nwithin the 28 days (or any additional time allowed by the\nadministering authority), a reminder notice may be served on the\nperson for the offence or the person may be prosecuted in court\nfor the offence; and\n(j) if a reminder notice is served on the person, the infringement\nnotice penalty is increased by the amount payable by the person\nfor the cost of serving the reminder notice.\n(2) In addition, the infringement notice must—\n(a) explain how the person may pay the infringement notice penalty\nor dispute liability for the offence; and\n(b) explain how the person may apply for—\n(i) an infringement notice management plan or, if the person\nhas an infringement notice management plan, the addition\nof the infringement notice penalty to the plan; or\n(ii) waiver of the infringement notice penalty; and\n(c) explain how the person may apply for additional time to do any\nof the following:\n(i) pay the infringement notice penalty;\n(ii) dispute liability for the offence;\n\n(iii) apply for an infringement notice management plan or, if\nthe person has an infringement notice management plan,\nthe addition of the infringement notice penalty to the plan;\n(iv) apply for waiver of the infringement notice penalty.\n","sortOrder":134},{"sectionNumber":"123","sectionType":"section","heading":"Discharge of infringement notice penalty","content":"123 Discharge of infringement notice penalty\nThe infringement notice penalty payable by a person under an\ninfringement notice or reminder notice—\n(a) is payable within 28 days after the day the notice is served; or\n(b) if the person applies to the administering authority within the\n28 days for additional time to pay and additional time is\nallowed—is payable within the additional time allowed by the\nadministering authority; or\n(c) if the person applies to the administering authority within the\n28 days for additional time to pay and the application is\nrefused—is payable within 7 days after the day the person is told\nof the refusal or 28 days after the day the notice was served,\nwhichever is later; or\n(d) if the person applies to the administering authority within the\n28 days for an infringement notice management plan and the\napplication is allowed—is payable or otherwise to be discharged\nin accordance with the plan; or\n(e) if the person applies to the administering authority within the\n28 days for an infringement notice management plan and the\napplication is refused—is payable within 7 days after the day the\nperson is told of the refusal or 28 days after the day the notice\nwas served, whichever is later; or\n\n(f) if the person applies to the administering authority within the\n28 days for waiver of the infringement notice penalty for the\noffence and the application is refused—is payable within 7 days\nafter the day the person is told of the refusal or 28 days after the\nday the notice was served, whichever is later.\n","sortOrder":135},{"sectionNumber":"124","sectionType":"section","heading":"Extension of time to pay penalty","content":"124 Extension of time to pay penalty\n(1) A person may apply, in writing, for an extension of time to do any of\nthe following:\n(a) pay the infringement notice penalty stated in the infringement\nnotice or reminder notice;\n(b) apply to the administering authority under section 126 to\nwithdraw the infringement notice;\n(c) apply to the administering authority under section 131AA to—\n(i) enter into an infringement notice management plan; or\n(ii) add the infringement notice penalty for the offence to the\nplan;\n(d) apply to the administering authority under section 131AE to\nwaive the infringement notice penalty;\n(e) give the administering authority notice disputing liability for the\ninfringement notice offence.\n(2) The administering authority must—\n(a) allow or refuse to allow the additional time; and\n(b) tell the person in writing of the decision and, if the decision is a\nrefusal, the reasons for it.\n(3) If the time to pay an infringement notice penalty is extended and a\nterritory law limits the period to begin a prosecution for the\ninfringement notice offence, the period to begin the prosecution is\nextended until 1 year after payment of the penalty is required.\n\n","sortOrder":136},{"sectionNumber":"124A","sectionType":"section","heading":"Extension of time—guidelines","content":"124A Extension of time—guidelines\n(1) The Minister may issue guidelines for deciding applications for\nextensions of time, including applications made after the time for\ndoing something mentioned in section 124 (1).\ncomply with any guidelines for deciding an application for an\nextension of time.\n","sortOrder":137},{"sectionNumber":"125","sectionType":"section","heading":"Effect of payment of infringement notice penalty","content":"125 Effect of payment of infringement notice penalty\n(1) This section applies—\n(a) if—\n(i) a person has been served with an infringement notice for\nan offence; and\n(ii) one of the following things happens:\n(A) the person pays the infringement notice penalty for\nthe offence in accordance with this part;\n(B) the person enters into an infringement notice\nmanagement plan for the infringement notice penalty\nfor the offence or the penalty is added to the person’s\ninfringement notice management plan;\n(C) the administering authority waives the infringement\nnotice penalty for the offence; and\n(iii) when the thing happened—\n(A) the infringement notice had not been withdrawn; and\n(B) a proceeding had not been brought against the person\nfor the offence; or\n\n(b) if—\n(i) more than 1 infringement notice for the same infringement\nnotice offence has been served on a person and none of the\ninfringement notices has been withdrawn; and\n(ii) one of the following things happens:\n(A) the person pays the infringement notice penalty for\nthe offence in accordance with this part, in relation to\n1 of the notices;\n(B) the person enters into an infringement notice\nmanagement plan for the infringement notice penalty\nfor the offence, or the penalty is added to the person’s\ninfringement notice management plan, in relation to\n1 of the notices;\n(C) the administering authority waives the infringement\nnotice penalty for the offence in relation to 1 of the\nnotices.\nNote Section 127 (Withdrawal of infringement notice) provides for the\nwithdrawal at any time of an infringement notice that has been served on\na person. If s 125 applied to the infringement notice offence, it ceases to\napply, and is taken never to have applied, on the withdrawal of the notice\n(see s 127 (4)).\n(2) If this section applies—\n(a) any liability of the person for the offence is discharged; and\n(b) the person must not be prosecuted in a court for the offence; and\n(c) the person is not taken to have been convicted of the offence.\n(3) This section is subject to section 127 (Withdrawal of infringement\nnotice) and section 131ACB (Infringement notice management\nplan—effect of cancellation).\n\n","sortOrder":138},{"sectionNumber":"126","sectionType":"section","heading":"Application for withdrawal of infringement notice","content":"126 Application for withdrawal of infringement notice\n(1) The person on whom an infringement notice for an infringement\nnotice offence is served may apply to the administering authority, in\nwriting, for the withdrawal of the notice within 28 days after the day\nwhen the infringement notice, or a reminder notice for the offence, is\nserved on the person (or any additional time allowed by the\nadministering authority).\n(2) The administering authority must—\n(a) withdraw the notice or refuse to withdraw the notice; and\n(b) tell the person in writing of the decision and, if the decision is a\nrefusal, the reasons for it.\n","sortOrder":139},{"sectionNumber":"127","sectionType":"section","heading":"Withdrawal of infringement notice","content":"127 Withdrawal of infringement notice\n(1) This section applies to an infringement notice that has been served on\na person for an infringement notice offence.\n(2) The administering authority may, by notice served on the person,\nwithdraw the infringement notice, whether or not—\n(a) the person has made an application for the withdrawal of the\ninfringement notice; or\n(b) the infringement notice penalty (or part of it) has been paid for\nthe offence; or\n(c) the person has disputed liability for the infringement notice\n(3) The notice must—\n(a) include the number of the infringement notice and the date of\nservice of the infringement notice; and\n(b) tell the person that the infringement notice is withdrawn and, in\ngeneral terms, about subsection (4).\n\n(4) On service of the notice—\n(a) this part ceases to apply to the infringement notice; and\n(b) if the infringement notice penalty (or part of it) has been paid—\nthe amount paid must be repaid by the administering authority;\nand\n(c) if section 125 (Effect of payment of infringement notice penalty)\napplies to the offence—the section ceases to apply, and is taken\nnever to have applied, to the offence; and\n(d) a proceeding for the offence may be taken in a court against\nanyone (including the person) as if the infringement notice had\nnot been served on the person.\n","sortOrder":140},{"sectionNumber":"128","sectionType":"section","heading":"Guidelines about withdrawal of infringement notices","content":"128 Guidelines about withdrawal of infringement notices\n(1) The Minister may issue guidelines about the exercise of an\nadministering authority’s functions under section 126 (Application\nfor withdrawal of infringement notice) or section 127 (Withdrawal of\ninfringement notice).\ncomply with any guidelines applying to the offence.\n","sortOrder":141},{"sectionNumber":"129","sectionType":"section","heading":"Reminder notices","content":"129 Reminder notices\nAn authorised person may serve a notice (a reminder notice) on a\nperson if—\n(a) an infringement notice has been served on the person for an\ninfringement notice offence; and\n(b) the infringement notice has not been withdrawn; and\n(c) the infringement notice penalty has not been paid to the\nadministering authority within the time for payment under this\npart; and\n\n(d) written notice disputing liability has not been given to the\nadministering authority in accordance with this part; and\n(e) the person has not applied to the administering authority for\nwaiver of the infringement notice penalty; and\n(f) a reminder notice has not previously been served on the person\nfor the offence.\n","sortOrder":142},{"sectionNumber":"130","sectionType":"section","heading":"Contents of reminder notices","content":"130 Contents of reminder notices\nA reminder notice served on a person by an authorised person for an\ninfringement notice offence must—\n(a) be identified by a unique number; and\n(b) include the following information:\n(i) the Act or subordinate law, and the provision of it,\ncontravened by the person;\n(ii) the number of the infringement notice served on the person\nfor the offence;\n(iii) the date of service of the infringement notice; and\n(c) state the date of service of the reminder notice; and\n(d) state the infringement notice penalty that is now payable by the\nperson for the offence; and\n(e) contain the information required by section 131 (Additional\ninformation in reminder notices); and\n(f) identify the authorised person in accordance with the\nregulations; and\n(g) include any other information required by regulation and any\n\n","sortOrder":143},{"sectionNumber":"131","sectionType":"section","heading":"Additional information in reminder notices","content":"131 Additional information in reminder notices\n(1) The reminder notice must also tell the person on whom it is served\n(a) the infringement notice penalty for the offence has not been\npaid; and\n(b) the infringement notice has not been withdrawn; and\n(c) written notice disputing liability has not been received by the\nadministering authority from the person for the offence; and\n(d) the infringement notice penalty for the offence has been\nincreased by the amount payable by the person for the cost of\nserving the reminder notice; and\n(e) within the required time after the reminder notice is served on\nthe person, the person may do 1 or more of the following things:\n(i) pay the infringement notice penalty now payable for the\noffence;\n(ii) apply to the administering authority for—\n(A) an infringement notice management plan; or\n(B) if the person has an infringement notice management\nplan—the addition of the infringement notice penalty\nto the plan; or\n(C) waiver of the infringement notice penalty;\n(iii) dispute liability for the offence;\n(iv) apply to the administering authority for additional time to\ndo the thing; and\n(f) the infringement notice may be withdrawn before or after the\npenalty is paid; and\n\n(g) if the person pays the penalty within the required time or the\npenalty is waived, then, unless the infringement notice is\nwithdrawn and any penalty refunded—\n(i) any liability of the person for the offence is discharged; and\n(ii) the person will not be prosecuted in court for the offence;\nand\n(iii) the person will not be taken to have been convicted of the\n(h) if the person wishes to dispute liability for the offence, the issue\nmay be referred to the Magistrates Court; and\n(i) if the Magistrates Court finds against the person or the person is\nprosecuted in court for the offence, the person may be convicted\nof the offence and ordered to pay a penalty and costs, and be\nsubject to other court orders; and\n(j) if the person does not pay the infringement notice penalty, apply\nto have the penalty waived or dispute liability for the offence\nwithin the required time, the person may be prosecuted for the\n(2) In addition, the reminder notice must—\n(a) explain how the person may pay the infringement notice penalty\nor dispute liability for the offence; and\n(b) explain how the person may apply for—\n(i) an infringement notice management plan; or\n(ii) if the person has an infringement notice management\nplan—the addition of the infringement notice penalty to the\nplan; or\n(iii) waiver of the infringement notice penalty; and\n\n(c) explain how the person may apply for additional time to—\n(i) pay the infringement notice penalty; or\n(ii) apply for 1 of the following:\n(A) an infringement notice management plan;\n(B) if the person has an infringement notice management\nplan—the addition of the infringement notice penalty\nto the plan;\n(C) waiver of the infringement notice penalty; or\n(iii) dispute liability for the offence.\nthe required time, for a person to do something mentioned in this\nsection, means—\n(a) 28 days after the day the reminder notice for the offence was\nserved; or\n(b) any additional time allowed to do the thing; or\n(c) if an application for additional time was refused, the later of the\nfollowing:\n(i) 7 days after the day the person is given notice of the refusal;\n(ii) 28 days after the date of issue of the reminder notice.\nDivision 3.8.2A Infringement notice management\nplans\n131AA Application for infringement notice management plan or\naddition to plan\n(1) This section applies if a person is served with an infringement notice\nor reminder notice for an infringement notice offence.\n\n(2) If the person is an individual, the individual may apply to the\nadministering authority—\n(a) to enter into an arrangement (an infringement notice\nmanagement plan) with the authority for discharge of the\npenalty for the offence by—\n(i) payment by instalment; or\n(ii) participating in an approved community work or social\ndevelopment program; or\n(b) if the individual has an infringement notice management plan—\nto add the infringement notice penalty for the offence to the\nindividual’s plan.\n(3) If the person is a corporation, the corporation may apply to the\nadministering authority—\n(a) to enter into an arrangement (also an infringement notice\nmanagement plan) with the authority for discharge of the\npenalty for the offence by payment by instalment; or\n(b) if the corporation has an infringement notice management\nplan—to add the infringement notice penalty for the offence to\nthe corporation’s plan.\n(4) The application must include—\n(a) information about the person’s financial circumstances; and\n(b) if the person is the holder of a card prescribed by regulation that\nis current—that information; and\n(c) if the application is to participate in an approved community\nwork or social development program—information about any\nrelevant circumstances of the person; and\n(d) anything else prescribed by regulation.\n\n131AB Application for infringement notice management plan or\naddition to plan—decision\n(1) On application by a person under section 131AA, the administering\nauthority must—\n(a) allow the application; or\n(b) refuse the application.\n(2) The administering authority may, in writing, ask the applicant or a\nperson mentioned in the application for more information to assist the\nauthority to make a decision under this section.\n(3) If the person is applying for an infringement notice management plan\nthat allows payment by instalments, the administering authority—\n(a) must allow the application if the person is the holder of a card\nmentioned in section 131AA (4) (b); and\n(b) in any other case—may allow the application if satisfied on\nreasonable grounds that it is justified because of the person’s\nfinancial circumstances.\n(4) If the person is applying for an infringement notice management plan\nthat allows participation in an approved community work or social\ndevelopment program, the administering authority must allow the\napplication if the responsible director-general agrees to the person\nparticipating in an approved community work or social development\nprogram under section 131AC.\n(5) Despite subsections (3) and (4), the administering authority may\nrefuse the application if—\n(a) the applicant had an infringement notice management plan\ncovering the same infringement notice offence; and\n(b) the plan was cancelled under section 131ACA.\n\n(6) If the administering authority allows an application for an\ninfringement notice management plan that allows payment by\ninstalments, the authority may decide the amount of the instalments\nthat must be paid.\n(7) The administering authority must—\n(a) if the application is allowed—tell the person, in writing—\n(i) about the arrangements for entering into the infringement\nnotice management plan or that the penalty has been added\nto the person’s infringement notice management plan; and\n(ii) if the person is paying instalments under the plan—that the\nauthority may decide the amount of the instalments that\nmust be paid; or\n(b) if the application is refused—tell the person in writing about the\nrefusal and the reasons for the refusal.\n(8) A regulation may make provision in relation to the following:\n(a) any conditions applying to allowing an application under\nsection 131AA;\n(b) conditions applying to infringement notice management plans,\nincluding the minimum amount that may be paid as an\ninstalment under a plan;\n(c) the payment of amounts under an infringement notice\nmanagement plan, including the consequences of a payment not\nbeing honoured;\n(d) variation or suspension of a person’s infringement notice\nmanagement plan at the person’s request;\n(e) the arrangements for participating in an approved community\nwork or social development program, including when\nparticipation in an approved community work or social\ndevelopment program is taken to be finished and evidence of\nparticipation.\n\n131AC Approved community work or social development\nprogram—responsible director-general’s agreement\n(1) On receiving an application for an infringement notice management\nplan that allows a person to participate in an approved community\nwork or social development program, the administering authority\nmust ask the responsible director-general if the director-general\nagrees to the applicant participating in an approved community work\nor social development program.\n(2) The responsible director-general must—\n(a) agree to the applicant participating in an approved community\nwork or social development program; or\n(b) refuse to agree.\n(3) The responsible director-general may, in writing, ask the applicant or\na person mentioned in the application for more information to assist\nthe director-general to make a decision under this section.\n(4) The responsible director-general may agree to the applicant’s\nparticipation in an approved community work or social development\nprogram if satisfied on reasonable grounds that—\n(a) it is justified because of either or both of the following:\n(i) the financial circumstances of the applicant;\n(ii) any relevant circumstances of the applicant; and\n(b) the applicant is suitable to participate in the program.\n(5) The responsible director-general may make guidelines about the\nexercise of the director-general’s functions under subsection (4).\n(6) A guideline is a notifiable instrument.\n\n131ACA Cancellation of infringement notice management plan\n(a) a person has an infringement notice management plan; and\n(b) the administering authority is satisfied on reasonable grounds\n(i) circumstances prescribed by regulation apply to the person;\nor\n(ii) in any other case—the person has failed to comply with the\n(c) notice disputing liability for an infringement notice offence\ncovered by the plan has not been given to the administering\nauthority in accordance with this part.\n(2) The administering authority may, by serving a notice (a cancellation\nnotice) on the person, cancel the infringement notice management\nplan, but only if—\n(a) the administering authority gives the person written notice of the\nproposed cancellation (a proposed cancellation notice); and\n(b) the proposed cancellation notice—\n(i) sets out the grounds for the proposed cancellation; and\n(ii) states that the person may, within 28 days after the\nadministering authority gives the proposed cancellation\nnotice to the person, give the authority written reasons why\nthe plan should not be cancelled; and\n(c) the cancellation notice is served after the end of the period\nmentioned in paragraph (b) (ii).\n(3) The cancellation notice must state—\n(a) the identifying number (however described) for the person’s\ninfringement notice management plan; and\n\n(b) that the plan has been cancelled and, in general terms, the effect\nof section 131ACB; and\n(c) for each infringement notice and reminder notice covered by the\ninfringement notice management plan—\n(i) the identifying number for the infringement notice or\nreminder notice; and\n(ii) the outstanding amount payable by the person for the\ninfringement notice penalty; and\n(d) the matters mentioned in section 122 (1); and\n(e) any other information prescribed by regulation and any\n(4) A regulation may make provision in relation to—\n(a) matters the administering authority must consider when\ndeciding under subsection (1) (b) (ii) whether a person has failed\nto comply with the person’s infringement notice management\n(b) matters the administering authority must consider when\ndeciding whether to cancel an infringement notice management\n(c) information to be given to the administering authority by the\nperson or anyone else in relation to the person’s compliance with\nthe plan.\n131ACB Infringement notice management plan—effect of\ncancellation\n(1) This section applies if an infringement notice management plan is\ncancelled under section 131ACA.\n\n(2) For each infringement notice offence that was covered by the\ninfringement notice management plan—\n(a) section 125 ceases to apply, and is taken never to have applied,\nto the offence because of the plan; and\n(b) this part has effect as if the infringement notice or reminder\nnotice for the offence had been served on the person when the\nplan was cancelled; and\n(c) a proceeding for the offence may be taken in a court against\nanyone (including the person) as if the person had not entered\ninto the plan.\n(3) If the person had paid any instalments under the infringement notice\nmanagement plan before it was cancelled, the instalments are taken\nto have been paid—\n(a) if the plan covered 1 infringement notice penalty only—as part\nof the penalty; or\n(b) if the plan covered more than 1 infringement notice penalty—as\npart of the penalties, apportioned in the way the administering\nauthority considers appropriate.\n(4) If a territory law limits the period to begin a prosecution for an\ninfringement notice offence covered by the cancelled infringement\nnotice management plan, the period is extended until 1 year after the\nplan was cancelled.\n131AD Approval of community work or social development\nprogram\n(1) The responsible director-general may approve a community work or\nsocial development program for this division.\n(2) An approval is a notifiable instrument.\n\nWaiver of infringement notice penalties Division 3.8.2B\nDivision 3.8.2B Waiver of infringement notice\npenalties\n131AE Application for waiver of penalty\n(1) A person served with an infringement notice or reminder notice for\nan infringement notice offence may apply to the administering\nauthority for waiver of the infringement notice penalty for the\n(2) The application must set out—\n(a) the person’s financial circumstances; and\n(b) the person’s relevant circumstances; and\n(c) anything else prescribed by regulation.\n131AF Application for waiver of penalty—decision\n(1) On application by a person under section 131AE, the administering\nauthority must—\n(a) allow the application; or\n(b) refuse the application.\n(2) The administering authority may, in writing, ask the applicant or a\nperson mentioned in the application for more information to assist the\nauthority to make a decision under this section.\n(3) The administering authority must allow the application if satisfied on\nreasonable grounds that—\n(a) the applicant does not have, and is unlikely to have, the financial\nability to pay the infringement notice penalty; and\n(b) relevant circumstances exist in relation to the applicant; and\n(c) enforcement action has not resulted in, or is unlikely to result in,\nthe payment of the infringement notice penalty; and\n\n(d) the applicant is not a suitable person to discharge the penalty by\ncompleting an approved community work or social development\nprogram; and\n(e) allowing the application is consistent with any guidelines made\nunder section 131AG.\n(4) For subsection (3) (d), the administering authority may consult with\nthe responsible director-general.\n(5) The administering authority must—\n(a) if the application is allowed—tell the person in writing about the\nwaiver of the infringement notice penalty; and\n(b) if the application is refused—tell the person in writing about the\nrefusal and the reasons for the refusal.\n131AG Guidelines for waiver of penalty\n(1) The Minister may make guidelines for the waiver of infringement\nnotice penalties.\ncomply with the guidelines.\nDivision 3.8.3 Additional provisions for vehicle-\nrelated offences\n","sortOrder":144},{"sectionNumber":"131A","sectionType":"section","heading":"Meaning of infringement notice","content":"131A Meaning of infringement notice\ninfringement notice means an infringement notice for a\nvehicle-related offence.\n\n","sortOrder":145},{"sectionNumber":"131B","sectionType":"section","heading":"Service of infringement notice on responsible person for","content":"131B Service of infringement notice on responsible person for\nvehicles\n(1) This section applies if an authorised person believes, on reasonable\ngrounds, that a vehicle-related offence has been committed.\n(2) The authorised person may serve an infringement notice for the\noffence on—\n(a) the responsible person for the vehicle at the time of the offence;\nor\n(b) if there is more than 1 responsible person for the vehicle at that\ntime—each or any of them.\nNote 1 For how documents may be served, see the Legislation Act, pt 19.5\nNote 2 Subsections (3) and (4) provide additional ways for serving infringement\nnotices (see Legislation Act, s 251 (1)).\n(3) If the infringement notice is to be served on a person under this\nsection by post and the vehicle is registered under a law of another\njurisdiction corresponding to the Road Transport (Vehicle\nRegistration) Act 1999, the notice may be served by sending it by\nprepaid post, addressed to the person, to the latest address of the\nperson in the registration records kept under that law.\n(4) An infringement notice for a vehicle-related offence may be served\nby securely placing or attaching the notice, addressed to the\nresponsible person (without further description), on or to the vehicle\nin a conspicuous position.\n(5) If an infringement notice is served in the way mentioned in\nsubsection (4), it is taken to have been served, on the day that it is\nplaced on or attached to the vehicle, on—\n(a) the responsible person for the vehicle; or\n(b) if there is more than 1 responsible person for the vehicle at that\ntime—each of them.\n\n(6) A person must not remove, deface or interfere with an infringement\nnotice placed on, or attached to, a vehicle unless the person is the\ndriver of the vehicle or the responsible person (or a responsible\nperson) for the vehicle.\nMaximum penalty: 20 penalty units.\n(7) A regulation may provide that an infringement notice for a vehicle-\nrelated offence may only be served on a person under this section\nwithin the prescribed period after the day the offence was committed.\n(8) To remove any doubt, an authorised person may not serve an\ninfringement notice on a person under this section for an offence\nafter—\n(a) if a regulation under subsection (7) prescribes a period for the\noffence—the end of the prescribed period; or\n(b) in any other case—the end of the time within which a\nprosecution may be brought against the person for the offence.\n(9) This section does not prevent an infringement notice for a vehicle-\nrelated offence being served on a person under section 120 (Service\nof infringement notices).\n","sortOrder":146},{"sectionNumber":"131C","sectionType":"section","heading":"Liability for vehicle-related offences","content":"131C Liability for vehicle-related offences\n(1) If an infringement notice for a vehicle-related offence is served on a\nperson under section 131B, the person is liable for the offence, and\nmay be convicted of and punished for the offence, even though the\nperson who actually committed the offence (the actual offender) may\nhave been someone else.\n(2) If the actual offender is not the responsible person (or a responsible\nperson) for the vehicle at the time of the offence, subsection (1) does\nnot affect the liability of the actual offender, but—\n(a) an additional penalty for the offence may not be recovered from\nor imposed on the actual offender if an infringement notice\npenalty for the offence has been paid by, or a penalty has been\n\nimposed on, the responsible person (or a responsible person) for\nthe vehicle at that time; and\n(b) an additional penalty for the offence may not be recovered from\nor imposed on the responsible person (or a responsible person)\nfor the vehicle at that time if an infringement notice penalty for\nthe offence has been paid by, or a penalty has been imposed on,\nthe actual offender.\n(3) However, in a prosecution against a responsible person for a vehicle-\nrelated offence, it is a defence if the responsible person establishes—\n(a) that the vehicle was stolen, or illegally taken or used, at the time\nof the offence; or\n(b) that the person made and gave to the administering authority a\nknown offender declaration in accordance with section 131E\n(Known offender declaration) for the offence; or\n(c) that the vehicle (or all of the person’s interest in the vehicle) had\nbeen sold or disposed of by the person before the time of the\noffence, and that at that time the person did not have an interest\nin the vehicle; or\n(d) that the person—\n(i) was not the driver of the vehicle at the time of the offence;\nand\n(ii) does not know, and could not with reasonable diligence\nhave found out, the name and address of the driver of the\nvehicle at that time.\n","sortOrder":147},{"sectionNumber":"131D","sectionType":"section","heading":"Illegal user declarations","content":"131D Illegal user declarations\n\n(b) the person makes a declaration (an illegal user declaration)\nstating that the vehicle was stolen, or illegally taken or used, at\nthe time of the offence and providing all relevant facts\nsupporting that statement, including details of where and when\nthe matter was reported to the police; and\n(c) the person gives the illegal user declaration to the administering\nsection 120 (Service of infringement notices) on the person (if any)\nstated in the illegal user declaration as the person (the named\noffender) who was illegally in charge of the vehicle at the time of the\nis to be served on the named offender under this part by post in\nrelation to the offence, the document may be addressed to the named\noffender at his or her home or business address stated in the illegal\nuser declaration.\n(4) Section 131C (Liability for vehicle-related offences) and\nsection 131E (Known offender declarations) apply as if the named\noffender were the responsible person for the vehicle at the time of the\noffence and the infringement notice had been served on the named\noffender under section 131B.\nagainst the named offender only if a copy of the illegal user\ndeclaration has been served on the named offender by an authorised\n(6) In a proceeding against the named offender for the offence, the illegal\nuser declaration is evidence that the named offender was the driver of\nthe vehicle at the time of the offence.\n\n","sortOrder":148},{"sectionNumber":"131E","sectionType":"section","heading":"Known offender declarations","content":"131E Known offender declarations\n(b) the person makes a declaration (a known offender declaration)\nstating—\n(i) if the person is an individual—\n(A) that the person was not the driver of the vehicle at the\ntime of the offence and did not commit the offence;\nand\n(B) the name and home or business address of the person\n(the named offender) who was the driver of the\nvehicle at that time; and\n(C) all relevant facts supporting those statements; or\n(ii) if the person is a corporation—the name and home or\nbusiness address of the person (also the named offender)\nwho was the driver of the vehicle at the time of the offence\nand all relevant facts supporting that statement; or\n(iii) for a vehicle-related offence under an Act declared by\nregulation to be an Act to which this subparagraph\napplies—the person saw another named person (also\nthe named offender) do the act the subject of the offence\nand stating—\n(A) the address of the named offender; and\n(B) if the person does not know the other person’s\naddress—the reasons why the person does not know\nthe address; and\n\n(c) the person gives the known offender declaration to the\nadministering authority within 28 days after the day when the\ninfringement notice, or a reminder notice for the offence, is\nserved on the person (or any additional time allowed by the\nadministering authority).\nsection 120 (Service of infringement notices) on the named offender.\nis to be served on the named offender under this part by post in\nrelation to the offence, the document may be addressed to the named\noffender at his or her home or business address stated in the known\noffender declaration.\n(4) Section 131C (Liability for vehicle-related offences), this section and\nsection 131F apply as if the named offender were the responsible\nperson for the vehicle at the time of the offence and the infringement\nnotice had been served on the named offender under section 131B.\nagainst the named offender only if a copy of the known offender\ndeclaration has been served on the named offender by an authorised\n(6) In a proceeding against the named offender for the offence, the known\noffender declaration is evidence that the named offender was the\noffender at the time of the offence.\n","sortOrder":149},{"sectionNumber":"131F","sectionType":"section","heading":"Sold vehicle declarations","content":"131F Sold vehicle declarations\n\n(b) the person makes a declaration (a sold vehicle declaration)\nstating that the vehicle (or all of the person’s interest in the\nvehicle) had been sold or otherwise disposed of by the person\nbefore the time of the offence and providing all relevant facts\nsupporting that statement, including—\n(i) the name and home or business address of the person\n(the buyer) to whom the vehicle (or the person’s interest in\nthe vehicle) was sold or disposed of by the person; and\n(ii) the date and, if relevant to the offence, time of the sale or\ndisposal; and\n(iii) if an agent made the sale or disposal for the person—the\nname and home or business address of the agent; and\n(iv) whether the person had any interest in the vehicle at the\ntime of the offence; and\n(c) the person gives the sold vehicle declaration to the administering\nsection 120 (Service of infringement notices) on the buyer.\nis to be served on the buyer under this part by post in relation to the\noffence, the document may be addressed to the buyer at his or her\nhome or business address stated in the sold vehicle declaration.\n(4) Section 131C (Liability for vehicle-related offences), section 131E\nand this section apply as if the buyer were a responsible person for\nthe vehicle at the time of the offence and the infringement notice had\nbeen served on the buyer under section 131B.\n\nagainst the buyer only if a copy of the sold vehicle declaration has\nbeen served on the buyer by an authorised person.\n(6) In a proceeding against the buyer for the offence, the sold vehicle\ndeclaration is evidence that the buyer was the responsible person for\nthe vehicle at the time of the offence.\n","sortOrder":150},{"sectionNumber":"131G","sectionType":"section","heading":"Unknown offender declarations","content":"131G Unknown offender declarations\nIf an infringement notice for a vehicle-related offence is served on a\nperson under section 131B (Service of infringement notice on\nresponsible person for vehicles), the person may—\n(a) make a declaration (an unknown offender declaration)\nstating—\n(i) that—\n(A) if the person is an individual—the person was not the\ndriver of the vehicle at the time of the offence and did\nnot commit the offence; or\n(B) if the person is a corporation—the vehicle was not\nbeing used for the corporation’s purposes at the time\nof the offence; and\n(ii) that the person has made inquiries to find out who was—\n(A) the driver of the vehicle at that time; or\n(B) for a vehicle-related offence under an Act declared by\nregulation to be an Act to which this subparagraph\napplies—the offender was at that time; and\n(iii) that the person does not know, and has not been able to find\nout, who was the driver of the vehicle, or the offender, at\nthat time; and\n(iv) the nature and extent of the inquiries made by the person;\nand\n\nDisputing liability for infringement notices Division 3.8.4\n(b) give the unknown offender declaration to the administering\nDivision 3.8.4 Disputing liability for infringement\nnotices\n","sortOrder":151},{"sectionNumber":"132","sectionType":"section","heading":"Disputing liability for infringement notice offence","content":"132 Disputing liability for infringement notice offence\n(1) A person on whom an infringement notice or reminder notice has\nbeen served for an infringement notice offence may dispute liability\nfor the offence by written notice given to the administering authority.\n(2) The notice must set out the grounds on which the person relies.\n(3) The notice must be given to the administering authority—\n(a) within 28 days after the date of service of the infringement\nnotice or reminder notice; or\n(b) if the person applies to the administering authority within the\n28 days for additional time to dispute liability for the offence\nand the additional time is allowed—within the additional time\nallowed by the administering authority; or\n(c) if the person applies to the administering authority within the\n28 days for additional time to dispute liability for the offence\nand the application is refused—within 7 days after the day the\nperson is told of the refusal or 28 days after the date of service\nof the infringement notice or reminder notice, whichever is later.\n","sortOrder":152},{"sectionNumber":"134","sectionType":"section","heading":"Procedure if liability disputed","content":"134 Procedure if liability disputed\n(1) This section applies if a person disputes liability for an infringement\nnotice offence by giving the administering authority a notice in\naccordance with section 132 (Disputing liability for infringement\nnotice offence).\n\nDivision 3.8.4 Disputing liability for infringement notices\n(2) The administering authority may lay an information in the\nMagistrates Court against the person for the offence within 60 days\nafter being given the notice.\n(3) The administering authority must discontinue a proceeding brought\nagainst the person for the offence if, before the hearing of the\nproceeding, the person pays the total of—\n(a) the infringement notice penalty; and\n(b) the costs (if any) prescribed by regulation for beginning the\n(c) the disbursements (if any) incurred by the administering\nauthority up to the day payment is made.\n(4) If subsection (3) applies, section 125 (Effect of payment of\ninfringement notice penalty) also applies to the person in relation to\nthe offence, even though the person paid the infringement notice\npenalty for the offence after an information had been laid in the\nMagistrates Court against the person for the offence.\n(5) If the administering authority does not lay an information in the\nMagistrates Court against the person for the offence within 60 days\nafter being given the notice, the administering authority must—\n(a) tell the person, in writing, that no further action will be taken\nagainst the person for the offence; and\n(b) take no further action against the person for the offence.\n(6) To remove any doubt, subsection (2) does not permit the\nadministering authority to lay an information against a person for an\noffence after the end of the time within which, apart from this section,\na prosecution may be brought against the person for the offence.\nNote For the time within which a prosecution must be begun, see the\nLegislation Act, s 192.\n\nInfringement notices—other provisions Division 3.8.5\nDivision 3.8.5 Infringement notices—other\nprovisions\n","sortOrder":153},{"sectionNumber":"134A","sectionType":"section","heading":"Authorised people for infringement notice offences","content":"134A Authorised people for infringement notice offences\n(1) The administering authority for an infringement notice offence may\nappoint a person to be an authorised person to serve infringement\nnotices or reminder notices.\nNote 1 For the making of appointments (including acting appointments), see the\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see s 207).\n(2) A regulation may prescribe a person to be an authorised person for\nthe service of infringement notices or reminder notices.\n(3) In this part:\nauthorised person means—\n(a) for an infringement notice for an infringement notice offence—\n(i) the administering authority; or\n(ii) a person who is appointed under this section by the\nadministering authority to serve an infringement notice for\nthe offence; or\n(iii) anyone else who, under the regulations, may serve an\ninfringement notice for the offence; or\n(b) for a reminder notice for an infringement notice offence—\n(i) the administering authority; or\n(ii) a person who is appointed under this section by the\nadministering authority to serve a reminder notice for the\noffence; or\n\nDivision 3.8.5 Infringement notices—other provisions\n(iii) anyone else who, under the regulations, may serve a\nreminder notice for the offence.\n","sortOrder":154},{"sectionNumber":"135","sectionType":"section","heading":"Delegation of administering authority’s functions","content":"135 Delegation of administering authority’s functions\n(1) The administering authority for an infringement notice offence may\ndelegate the administering authority’s functions under this part to an\nauthorised person or a person prescribed by regulation.\n(2) A person prescribed by regulation for subsection (1) may delegate the\nfunctions delegated to the person under that subsection to anyone\nelse.\nNote For the making of delegations and the exercise of delegated functions,\nsee Legislation Act, pt 19.4.\n","sortOrder":155},{"sectionNumber":"136","sectionType":"section","heading":"Evidentiary certificates","content":"136 Evidentiary certificates\n(1) This section applies to a proceeding for an infringement notice\n(2) A certificate that appears to be signed by or on behalf of the\nadministering authority, and states any matter relevant to anything\ndone or not done under this part in relation to the offence, is evidence\nof the matter.\n(3) Without limiting subsection (2), a certificate given under that\nsubsection may state any of the following:\n(a) a stated infringement notice or reminder notice was served by a\nstated authorised person in a stated way on a stated person on a\nstated date for a stated infringement notice offence;\n(b) the administering authority did not allow additional time, or\nallowed stated additional time, for payment of the infringement\nnotice penalty or to dispute liability for the offence;\n(c) the infringement notice penalty was not paid within the time in\nwhich it was required to be paid under this part;\n\nInfringement notices—other provisions Division 3.8.5\n(d) the infringement notice has not been withdrawn or was\nwithdrawn on a stated date;\n(e) a stated address was, on a stated date, the latest business, home\nor email address, or fax number, of a stated person recorded in\na register or other record kept by the administering authority;\n(f) an infringement notice penalty has not been paid by, or a penalty\nhas not been imposed on, a stated person or anyone for the\n(4) A court must accept a certificate given under this section as proof of\nthe matters stated in it if there is no evidence to the contrary.\n\nDivision 3.9.1 Enforcement of criminal decisions—general\nPart 3.9 Enforcement of criminal\ndecisions\nDivision 3.9.1 Enforcement of criminal decisions—\n141 Minute of decision and notice to defendant\n(1) If the court convicts or makes an order against a defendant—\n(a) a minute or memorandum of the conviction or order must be\nmade and signed by the magistrate exercising the jurisdiction of\nthe court; and\n(b) the defendant must be notified in writing of the conviction or\norder.\nNote 1 If the defendant is sentenced to imprisonment, the court must issue a\nwarrant for the imprisonment of the defendant in the director-general’s\ncustody (see Crimes (Sentence Administration) Act 2005, s 12).\nNote 2 If the defendant is liable to pay a fine, the notice must contain a penalty\nnotice for the fine (see Crimes (Sentence Administration) Act 2005,\ns 116C (Registrar to send penalty notice)).\n(2) A minute or memorandum under subsection (1) (a) may specify the\namount of any victims financial assistance levy imposed under the\nVictims of Crime (Financial Assistance) Act 2016, part 7.\n(3) Failure to comply with subsection (1) does not invalidate a conviction\nor order or the enforcement of a conviction or order.\n(4) The minute must not form part of—\n(a) a warrant under the Crimes (Sentence Administration) Act 2005,\nsection 12 (Warrant for imprisonment); or\n(b) an enforcement order.\n\nEnforcement of criminal decisions—general Division 3.9.1\n","sortOrder":156},{"sectionNumber":"142","sectionType":"section","heading":"Formal convictions and orders","content":"142 Formal convictions and orders\n(1) The conviction or order must, if required, be drawn up by the court in\nproper form and be filed by the registrar in the court’s records.\n(2) It is not necessary for a court formally to draw up a conviction or\norder or any other record of a decision, unless it is demanded by a\nparty to the proceeding for the purpose of an appeal against the\ndecision, or is required for the purpose of a habeas corpus order or\nanother order from the Supreme Court.\n","sortOrder":157},{"sectionNumber":"143","sectionType":"section","heading":"Consequences if information dismissed","content":"143 Consequences if information dismissed\n(1) The court must make an order of dismissal if the court dismisses an\ninformation.\n(2) The court must give the defendant a certificate of dismissal signed by\nthe adjudicating magistrate or the registrar if the defendant applies for\nit.\n(3) If a certificate of dismissal is produced to a court—\n(a) the court must accept it as proof of the matters stated in it if there\nis no evidence to the contrary; and\n(b) it is a bar to any other information or proceeding in any court\n(other than an appeal) for the same matter against the same\nparty.\n","sortOrder":158},{"sectionNumber":"144","sectionType":"section","heading":"Copies of informations and other documents","content":"144 Copies of informations and other documents\n(1) On application, the registrar must give an applicant a copy of—\n(a) an information; or\n(b) a minute or memorandum of a conviction or order; or\n(c) a formal conviction or order; or\n(d) a committal order.\n\nDivision 3.9.3 Reciprocal enforcement of fines against bodies corporate\n(2) The registrar may refuse an application under subsection (1) if—\n(a) the applicant is not a party to the relevant proceeding; and\n(b) the registrar or a magistrate is not satisfied that the applicant has\na good reason for being given that copy.\nDivision 3.9.3 Reciprocal enforcement of fines\nagainst bodies corporate\n","sortOrder":159},{"sectionNumber":"166A","sectionType":"section","heading":"Definitions for div 3.9.3","content":"166A Definitions for div 3.9.3\nconviction means a conviction or order entered or made by a court in\nthe exercise of summary jurisdiction in a proceeding for an offence.\nfine includes—\n(a) a financial penalty, financial forfeiture and financial\ncompensation; and\n(b) fees, charges and costs payable by a body corporate under an\norder made in a proceeding in which a conviction was entered\nin relation to the body corporate.\nreciprocating court means a court declared under section 166B to be\na reciprocating court.\nrelevant officer, in relation to a reciprocating court, means the\nregistrar or other corresponding officer of the court.\nState includes a Territory other than the Australian Capital Territory.\nterritory fine means a fine payable under a conviction of the court.\n\nReciprocal enforcement of fines against bodies corporate Division 3.9.3\n","sortOrder":160},{"sectionNumber":"166B","sectionType":"section","heading":"Declarations relating to reciprocating courts","content":"166B Declarations relating to reciprocating courts\n(1) If a State has laws providing for the enforcement in the State of a\nterritory fine against a body corporate, the Attorney-General may\ndeclare a court of summary jurisdiction in the State to be a\nreciprocating court.\n(2) A declaration is a notifiable instrument.\n","sortOrder":161},{"sectionNumber":"166C","sectionType":"section","heading":"Enforcement of fine","content":"166C Enforcement of fine\n(a) a fine is payable by a body corporate under a conviction of a\nreciprocating court; and\n(b) the registrar receives a written request from the relevant officer\nof the reciprocating court for the enforcement of the conviction\naccompanied by—\n(i) a copy, certified by the relevant officer to be correct, of the\nconviction; and\n(ii) a certificate signed by the relevant officer stating the\namount of the fine that remains unpaid;\nthe registrar must register the conviction by filing in the court the\ncertified copy of the conviction and noting the date of the registration\non the copy.\n(2) On the registration of a conviction under subsection (1)—\n(a) the conviction is taken, for this part, to be a conviction of the\ncourt adjudging payment of a fine by the body corporate in the\namount stated as unpaid in the certificate mentioned in\nsubsection (1) (b); and\n(b) the registrar must make an enforcement order for the purpose of\nrecovering the amount mentioned in paragraph (a); and\n\nDivision 3.9.3 Reciprocal enforcement of fines against bodies corporate\n(c) subject to this section, this Act and the rules applying to civil\nproceedings in the Magistrates Court apply in relation to an\nenforcement order made under paragraph (b) as if the order had\nbeen made in a civil proceeding in the court.\n(3) If a request is made under this section in relation to a fine payable\nunder a conviction of a reciprocating court and the registrar later\nreceives a notification from the relevant officer of the reciprocating\ncourt of payment of an amount in satisfaction in whole or part of the\namount of the fine, the registrar must note the particulars of the\npayment on the certified copy of the conviction filed in the court.\n(4) If—\n(a) an enforcement order is made under subsection (2) in relation to\na fine; and\n(b) before enforcement, the registrar receives a notification\nmentioned in subsection (3) in relation to the fine;\nthe registrar must stay the order.\n(5) On the stay of the order, the registrar must—\n(a) if the amount of the fine has been paid in full—set aside the\norder; or\n(b) if part of the amount of the fine remains unpaid—amend the\norder to show the amount still unpaid.\n(6) If an enforcement order is amended under subsection (5) (b), the order\nmust be enforced in relation to the amount of the fine shown in the\norder as unpaid.\n(7) If an amount of money is paid to the registrar in satisfaction in whole\nor in part of a fine payable under a conviction registered under\nsubsection (1), the registrar must remit the amount to the relevant\nofficer of the reciprocating court by which the conviction was\nentered.\n\nEnforcement of criminal decisions—other provisions Division 3.9.4\n(8) For this section, a document that purports to have been signed by the\nrelevant officer of a reciprocating court is taken to have been so\nsigned unless the contrary is proved.\n","sortOrder":162},{"sectionNumber":"166D","sectionType":"section","heading":"Effect of enforcement by reciprocating court","content":"166D Effect of enforcement by reciprocating court\nAn amount received by the registrar from a reciprocating court in\nsatisfaction in whole or in part of a territory fine must be applied by\nthe registrar as if the amount had been paid to the registrar by the\nbody corporate by which the fine was payable in satisfaction in whole\nor in part of the fine.\n","sortOrder":163},{"sectionNumber":"166E","sectionType":"section","heading":"Registrar to notify payment of territory fine","content":"166E Registrar to notify payment of territory fine\nIf—\n(a) a conviction of the court under which a fine is payable is\nregistered by the relevant officer of a reciprocating court; and\n(b) an amount is received by the registrar in satisfaction in whole or\nin part of the fine;\nthe registrar must, as soon as practicable, notify the relevant officer\nof the amount of that payment.\nDivision 3.9.4 Enforcement of criminal decisions—\nother provisions\n","sortOrder":164},{"sectionNumber":"184","sectionType":"section","heading":"Enforcement of costs against informant","content":"184 Enforcement of costs against informant\nIf a court orders an informant in a criminal proceeding to pay costs to\na defendant, the order operates as a judgment given or entered in\nrelation to a claim for the payment of money and is enforceable\n\nDivision 3.9.4 Enforcement of criminal decisions—other provisions\n","sortOrder":165},{"sectionNumber":"191","sectionType":"section","heading":"Accounts to be kept of amounts received","content":"191 Accounts to be kept of amounts received\nEvery registrar and person in charge of a correctional centre must\nkeep a true and exact account of all amounts received by him or her\nunder or because of any conviction or order, showing the people from\nwhom and the time when the amounts were received and to whom\nand when the amounts were paid.\nMaximum penalty: 1 penalty unit.\n","sortOrder":166},{"sectionNumber":"193","sectionType":"section","heading":"Forfeited goods may be sold","content":"193 Forfeited goods may be sold\nExcept where otherwise provided, all forfeitures, not financial, that\nare incurred in relation to an offence triable by the court or that may\nbe enforced by the court, may be sold or disposed of or dealt with in\nthe way that the court directs, and the proceeds of the sale must be\napplied in a similar way as if the proceeds were a fine imposed under\nthe Act, ordinance or law on which the proceeding for forfeiture is\nfounded.\n","sortOrder":167},{"sectionNumber":"194","sectionType":"section","heading":"Enforcement order not void for form only","content":"194 Enforcement order not void for form only\nAn enforcement order is not void only because of a defect or error in\nit if there is a conviction or order that is valid, or that may be amended\nand made valid, under this Act to support it.\n","sortOrder":168},{"sectionNumber":"195","sectionType":"section","heading":"Convictions etc to be given to Supreme Court registrar","content":"195 Convictions etc to be given to Supreme Court registrar\n(1) This section applies if a person is convicted of an indictable offence\nby the court or an information in relation to an indictable offence is\ndismissed by the court.\n(2) The court must immediately give the registrar of the Supreme Court\na copy of the conviction and recognisances or a copy of the certificate\nof dismissal (if any).\n(3) The court must keep a conviction and dismissal book and record each\nconviction or dismissal in it.\n\nCriminal appeals—jurisdiction of Supreme Court Division 3.10.1\nDivision 3.10.1 Criminal appeals—jurisdiction of\nSupreme Court\n","sortOrder":169},{"sectionNumber":"207","sectionType":"section","heading":"Jurisdiction of Supreme Court","content":"207 Jurisdiction of Supreme Court\n(1) The appellate jurisdiction of the Supreme Court in relation to\ndecisions of the Magistrates Court under this Act (other than\nchapter 4 (Civil proceedings)) extends to the hearing and deciding of\nthe following appeals and to no others:\n(a) appeals to which division 3.10.2 (Appeals in criminal matters)\napplies;\n(b) reference appeals under division 3.10.2A (Reference appeals in\ncriminal matters);\n(c) review appeals under division 3.10.3 (Review appeals in\ncriminal matters).\n(2) This part does not limit the operation of any other Act that makes\nprovisions in relation to the appellate jurisdiction of the Supreme\nCourt.\n","sortOrder":170},{"sectionNumber":"208","sectionType":"section","heading":"Appeals to which div 3.10.2 applies","content":"208 Appeals to which div 3.10.2 applies\n(1) Each of the following appeals is an appeal to which this division\napplies:\n(a) an appeal by any of the following from a decision of the\nMagistrates Court under the Crimes Act, section 315A (2) or (3)\n(Investigation into fitness to plead) or section 315D (7) (Person\nfound temporarily unfit to plead):\n(i) the person whose fitness to plead was decided;\n\n(ii) anyone who appeared at the proceeding in which the\ndecision was made;\n(iii) anyone else with the leave of the court;\n(b) an appeal, by the person convicted, from a conviction for an\noffence dealt with by the Magistrates Court, or the Childrens\nCourt, under—\n(i) part 3.6 (Proceedings for offences punishable summarily);\nor\n(ii) part 3.7 (Service and pleading by post for certain offences);\nor\n(iii) the Crimes Act—\n(A) section 374 (Summary disposal of certain cases at\nprosecutor’s election); or\n(B) section 375 (Summary disposal of certain cases—\nMagistrates Court); or\n(C) section 375AA (Summary disposal of certain cases—\nChildrens Court);\n(c) an appeal, by the person against whom the order is made, from\nan order made under section 113 or section 114, in a proceeding\ndealt with under—\n(i) part 3.6; or\n(d) an appeal from a sentence or penalty by a person convicted of\nan offence dealt with under any of the following (whether or not\nthe person appeals against the conviction in relation to which the\nsentence or penalty was imposed):\n(i) section 90A, part 3.6 or part 3.7;\n\nAppeals in criminal matters Division 3.10.2\n(e) an appeal from an order of the court under any of the following\nprovisions of the Crimes (Sentencing) Act 2005:\n(i) part 3.2 (Sentences of imprisonment);\n(ii) part 3.3 (Non-custodial sentences);\n(iii) part 3.4 (Non-association and place restriction orders);\n(iv) part 3.5 (Deferred sentence orders);\n(v) part 3.6 (Combination sentences);\n(f) an appeal from an order of the court under the Crimes (Sentence\nAdministration) Act 2005, part 6.6 (Good behaviour orders—\namendment and discharge);\n(g) an appeal from an order of the court to disqualify a person from\nholding or obtaining a driver licence under an automatic\ndisqualification provision under the Road Transport (General)\nAct 1999, division 4.2 (Licence suspension, disqualification and\nrelated matters), if the order is for a longer period than the\nminimum.\nNote Automatic disqualification provision—see the Road Transport\n(General) Act 1999, s 61A.\n(2) Subsection (1) does not affect any power that the Supreme Court has,\napart from this Act, to grant bail or to vary the conditions of bail.\n","sortOrder":171},{"sectionNumber":"209","sectionType":"section","heading":"Institution of appeal","content":"209 Institution of appeal\n(1) An appeal must be instituted by the appellant filing a notice of appeal\nin the office of the registrar of the Supreme Court—\n(a) for an appeal mentioned in section 208 (1) (b)—within 28 days\nafter the sentence or penalty is imposed in relation to the\nconviction, or within any further time the Supreme Court\nallows; and\n\n(b) for any other appeal—within 28 days after the order or decision\nis made, or the sentence or penalty is imposed, or within any\nfurther time the Supreme Court allows.\n(2) As soon as practicable after instituting the appeal, the appellant\nmust—\n(a) file a copy of the notice of appeal with the Magistrates Court;\nand\n(b) serve a copy of the notice of appeal on—\n(i) for an appeal mentioned in section 208 (1) (a)—each other\nperson mentioned in that paragraph; and\n(ii) for any other appeal—the director of public prosecutions.\n","sortOrder":172},{"sectionNumber":"210","sectionType":"section","heading":"Substituted service of notice of appeal","content":"210 Substituted service of notice of appeal\n(1) If it appears to the Supreme Court, on an application made for an\norder under this section, that personal service of a notice of appeal\nunder section 209 on a person on whom it is required to be served\ncannot be effected, the Supreme Court may make the order for\nsubstituted or other service the Supreme Court considers just.\n(2) The Supreme Court may, on an application made for an order under\nthis subsection, dispense with service of a notice of appeal if the court\nconsiders it necessary or expedient to do so.\n(3) An order under subsection (2) may be made subject to the conditions\n(if any) the Supreme Court considers appropriate.\n","sortOrder":173},{"sectionNumber":"214","sectionType":"section","heading":"Appeals in cases other than civil cases","content":"214 Appeals in cases other than civil cases\n(1) This section applies to an appeal mentioned in section 208 (Appeals\nto which div 3.10.2 applies).\n(2) In an appeal to which this section applies, the Supreme Court must\nhave regard to the evidence given in the proceeding out of which the\nappeal arose, and has power to draw inferences of fact.\n\nAppeals in criminal matters Division 3.10.2\n(3) In an appeal to which this section applies, the Supreme Court must—\n(a) if it considers it necessary or expedient to do so in the interests\nof justice—\n(i) order the production of a document or anything else that\nwas an exhibit in, or was otherwise connected with, the\nproceeding out of which the appeal arose and that appears\nto it to be necessary to produce for deciding the appeal; and\n(ii) order any person who was, or would have been if the\nperson had been called, a compellable witness in the\nproceeding to attend for examination before the Supreme\nCourt; and\n(iii) receive the evidence, if tendered, of any witness; and\n(b) receive evidence with the consent of the parties to the appeal.\n(4) If evidence is tendered in an appeal to which this section applies, the\nSupreme Court must, unless satisfied that the evidence would not\nafford any ground for allowing the appeal, receive the evidence if—\n(a) it appears to the Supreme Court that the evidence is likely to be\ncredible and would have been admissible in the proceeding out\nof the which the appeal arose on an issue relevant to the appeal;\nand\n(b) the Supreme Court is satisfied that the evidence was not\nadduced in the proceeding and there is a reasonable explanation\nfor the failure to adduce it.\n","sortOrder":174},{"sectionNumber":"216","sectionType":"section","heading":"Stay of execution pending appeal in certain cases","content":"216 Stay of execution pending appeal in certain cases\n(1) If a person (the appellant) appeals under this division—\n(a) the enforcement or execution of the decision, conviction, order,\nsentence or penalty that is the subject of the appeal is stayed until\nthe appeal is decided or is abandoned or discontinued; and\n\n(b) if the appellant is in custody—the appellant may, if not detained\nfor another reason, apply for bail under the Bail Act 1992.\n(2) Unless the appellant is detained for another reason, the appellant\nremains in the custody of the person who had custody of the appellant\nimmediately before the enforcement or execution of the conviction or\nsentence was stayed until—\n(a) the appellant is granted bail under the Bail Act 1992; or\n(b) the appellant is remanded in custody.\n","sortOrder":175},{"sectionNumber":"218","sectionType":"section","heading":"Orders by Supreme Court on appeals","content":"218 Orders by Supreme Court on appeals\n(1) On an appeal to which this division applies, the Supreme Court\nmay—\n(a) confirm, reverse or vary the conviction, order, sentence, penalty\nor decision appealed from; or\n(b) give the judgment, or make the order, that, in all the\ncircumstances, it considers appropriate, or refuse to make an\norder; or\n(c) set aside the conviction, order, sentence, penalty or decision\nappealed from, in whole or in part, and remit the proceeding to\nthe Magistrates Court for further hearing and decision, subject\nto the directions the Supreme Court considers appropriate.\n(2) A judgment or order of the Supreme Court under subsection (1) (a)\nor (b) has effect as if it were a decision of the Magistrates Court and\nmay be enforced by the Magistrates Court accordingly.\n","sortOrder":176},{"sectionNumber":"219","sectionType":"section","heading":"No right of appeal under div 3.10.2 if review appeal","content":"219 No right of appeal under div 3.10.2 if review appeal\n(1) A person is not entitled to appeal to the Supreme Court under this\ndivision against a decision of the Magistrates Court if the person has\ninstituted an appeal against the decision under division 3.10.3\n(Review appeals in criminal matters).\n\nReference appeals in criminal matters Division 3.10.2A\n(2) If a person institutes an appeal under division 3.10.3 in relation to a\ndecision of the Magistrates Court, any appeal against the decision that\nhas been instituted under this division is taken to be withdrawn.\nDivision 3.10.2A Reference appeals in criminal matters\n","sortOrder":177},{"sectionNumber":"219A","sectionType":"section","heading":"What is a reference appeal?","content":"219A What is a reference appeal?\nreference appeal—see section 219AB (2).\n219AB Reference appeal in relation to proceeding\n(1) This section applies if a person has been charged on indictment in the\nMagistrates Court and the proceeding in relation to all or part of the\nindictment has concluded.\n(2) The Supreme Court may, on application by the Attorney-General,\nsolicitor-general or director of public prosecutions (the applicant),\nhear and decide (by a reference appeal) any question of law arising\nat or in relation to the proceeding.\n219AC Who may be heard at reference appeal\n(1) Each of the following people (each interested party) may be heard in\na reference appeal:\n(a) a person charged in the proceeding;\n(b) a person who seeks to be heard, if the court is satisfied that the\nperson has a sufficient interest in the appeal to be heard.\n(2) If an interested party is not represented in the appeal, the applicant\nmust instruct counsel to argue the reference appeal on the party’s\nbehalf.\n(3) The reasonable costs of legal representation of an interested party are\npayable by the Territory.\n\n219AD Reference appeal decision does not affect verdict\nThe decision on a reference appeal does not invalidate or affect any\nverdict or decision given in the proceeding.\n","sortOrder":178},{"sectionNumber":"219B","sectionType":"section","heading":"Decisions subject to review appeal","content":"219B Decisions subject to review appeal\n(1) Each of the following is a decision of the Magistrates Court, or the\nChildrens Court, from which an appeal by way of review (a review\nappeal) may be made in accordance with this division:\n(a) an order dismissing an information dealt with under—\n(i) part 3.6 (Proceedings for offences punishable summarily);\nor\n(ii) part 3.7 (Service and pleading by post for certain offences);\nor\n(iii) the Crimes Act—\n(A) section 374 (Summary disposal of certain cases at\nprosecutor’s election); or\n(B) section 375 (Summary disposal of certain cases—\nMagistrates Court); or\n(C) section 375AA (Summary disposal of certain cases—\nChildrens Court);\n(b) a conviction for an offence dealt with under—\n(i) part 3.6 or part 3.7; or\n(c) an order made under section 113 or section 114, in a proceeding\ndealt with under—\n(i) part 3.6; or\n\nReview appeals in criminal matters Division 3.10.3\n(d) a decision not to commit a person to the Supreme Court for\nsentence under section 92A (Committal for sentence for\nindictable offence tried summarily);\n(e) a decision to dispose of a case summarily under the Crimes Act,\nsection 374, section 375 or section 375AA;\n(f) a sentence or penalty imposed for an offence dealt with under—\n(i) section 90A, part 3.6 or part 3.7; or\n(ii) the Crimes Act, section 374, section 375 or section 375AA.\n(2) In subsection (1) (f):\nsentence or penalty includes a sentence or penalty imposed by an\norder under—\n(a) any of the following provisions of the Crimes (Sentencing)\nAct 2005:\n(i) part 3.2 (Sentences of imprisonment);\n(ii) part 3.3 (Non-custodial sentences);\n(iii) part 3.4 (Non-association and place restriction orders);\n(iv) part 3.5 (Deferred sentence orders);\n(v) part 3.6 (Combination sentences); or\n(b) the Crimes (Sentence Administration) Act 2005, part 6.6 (Good\nbehaviour orders—amendment and discharge).\n","sortOrder":179},{"sectionNumber":"219C","sectionType":"section","heading":"How review appeal is instituted","content":"219C How review appeal is instituted\n(1) A review appeal must be instituted by the appellant filing a notice of\nappeal in the Supreme Court within 28 days after the day the\nconviction was entered, the order or decision was made or the\nsentence or penalty imposed, or within any further time the Supreme\nCourt allows.\n\n(2) As soon as practicable after instituting the appeal, the appellant\nmust—\n(a) file a copy of the notice of appeal in the Magistrates Court; and\n(b) serve a copy of the notice of appeal on—\n(i) for an appeal mentioned in section 219B (1) (b) or (c)—the\ndirector of public prosecutions; and\n(ii) for any other appeal—the person who was the defendant in\nthe proceeding in the Magistrates Court.\n","sortOrder":180},{"sectionNumber":"219D","sectionType":"section","heading":"Grounds for review","content":"219D Grounds for review\nThe Supreme Court may review a decision of the Magistrates Court\nunder this division on any 1 or more of the following grounds:\n(a) that there was a prima facie case of error or mistake on the part\nof the Magistrates Court;\n(b) that the Magistrates Court did not have jurisdiction or authority\nto make the decision;\n(c) that the decision of the Magistrates Court should not in law have\nbeen made;\n(d) for a decision mentioned in section 219B (1) (d) or (e)—that, in\nthe circumstances of the case, the decision should not have been\nmade;\n(e) for a decision mentioned in section 219B (1) (f)—that the\nsentence or penalty was manifestly inadequate or otherwise in\nerror.\n\nReview appeals in criminal matters Division 3.10.3\n","sortOrder":181},{"sectionNumber":"219E","sectionType":"section","heading":"Report by Magistrate","content":"219E Report by Magistrate\nOn a review appeal, the Supreme Court may, if it considers\nappropriate, make an order requiring the magistrate by whom the\nMagistrates Court was constituted to give to the Supreme Court a\nreport setting out the reasons for the decision of the Magistrates Court\nand any facts or matters that in the view of the magistrate were\nrelevant to the decision of the Magistrates Court.\n","sortOrder":182},{"sectionNumber":"219F","sectionType":"section","heading":"Powers of Supreme Court","content":"219F Powers of Supreme Court\n(1) On a review appeal, the Supreme Court may, after considering the\nevidence before the Magistrates Court and any further evidence called\nby leave of the Supreme Court—\n(a) dismiss the appeal if satisfied that the decision of the Magistrates\nCourt should be confirmed; or\n(b) set aside or quash, in whole or part, or otherwise vary or amend,\nthe decision of the Magistrates Court.\n(2) If, under subsection (1) (b), the Supreme Court sets aside, quashes or\notherwise varies or amends a decision of the Magistrates Court, the\nSupreme Court may—\n(a) for a decision mentioned in section 219B (1) (d)—order that the\nMagistrates Court commit the person to whom the decision\nrelates to the Supreme Court for sentence under section 92A; or\n(b) for a decision mentioned in section 219B (1) (e)—order that the\nMagistrates Court continue the committal hearing of the person\nto whom the decision relates in accordance with part 3.5; or\n(c) for a decision mentioned in section 219B (1) (f)—\n(i) impose the sentence or penalty the Supreme Court\nconsiders appropriate; or\n(ii) by order, exercise any power that the Magistrates Court\nmight have exercised; or\n\n(d) in any other case—\n(i) remit the matter to the Magistrates Court for rehearing or\nfor further hearing with or without directions of law; or\n(ii) make any other order the Supreme Court considers\nnecessary to decide the matter finally, including a\nprohibition order or habeas corpus order.\n(3) For the purpose of—\n(a) correcting any defect or error in the proceeding before the\nMagistrates Court; or\n(b) enabling the matter to be decided on the merits;\nthe Supreme Court may make the amendments of the proceeding in\nthe Magistrates Court it considers appropriate.\n(4) For subsections (1) (b) and (2) (c), the Supreme Court must not—\n(a) vary a sentence or penalty such that the sentence or penalty as\nvaried could not have been imposed by the Magistrates Court;\nor\n(b) impose a sentence or penalty that could not have been imposed\nby the Magistrates Court.\n(5) The Supreme Court may, despite the ground or any of the grounds for\nreview mentioned in section 219D being established, dismiss the\nappeal if the court considers that no substantial miscarriage of justice\nhas happened.\n(6) On the dismissal of an appeal, the decision of the Magistrates Court\nappealed from may be enforced, executed or given effect to as if the\nappeal had not been instituted.\n(7) If, in relation to a sentence or penalty mentioned in\nsection 219B (1) (f), the Supreme Court—\n(a) varies a sentence or penalty under subsection (1) (b); or\n\n(b) imposes a sentence or penalty or makes an order under\nsubsection (2) (b);\nthe sentence or penalty as varied or imposed or the order made has\neffect as if it were a decision of the Magistrates Court and may be\nenforced by the Magistrates Court accordingly.\n(8) On an appeal under this division from an order, decision, sentence or\npenalty mentioned in section 219B (1) (a), (d), (e) or (f), the Supreme\nCourt must order that the costs of and incidental to the appeal are\npayable by the appellant.\n(9) Subsection (8) applies whether the Supreme Court dismisses the\nappeal or exercises any of the other powers given to it by this section.\n","sortOrder":183},{"sectionNumber":"222","sectionType":"section","heading":"Control of Supreme Court over summary convictions","content":"222 Control of Supreme Court over summary convictions\n(1) A person brought before the Supreme Court, under a habeas corpus\norder or another order, must not be discharged from custody because\nany defect or error in a committal order of the Magistrates Court,\nunless the court, or the magistrate constituting the court, and the\nprosecutor or other party interested in supporting the committal order\nhave received reasonable and sufficient notice of the intention to\napply for the discharge.\n(2) The notice must require them to give to the Supreme Court the\nconviction, judgment or order (if any) on which the committal was\nfounded, together with the depositions and information intended to be\nrelied on in support of the conviction, judgment or order, or certified\ncopies of them.\n\n","sortOrder":184},{"sectionNumber":"223","sectionType":"section","heading":"Amendment of documents","content":"223 Amendment of documents\n(a) a document mentioned in section 222 (2) is given to the Supreme\nCourt; and\n(b) the offence charged or intended to be charged by the document\nappears to have been established; and\n(c) the Magistrates Court’s judgment appears to be in substance\njustified; and\n(d) the defects or errors appear to be defects of form only or\nmistakes not affecting the substance of the proceeding before the\nMagistrates Court.\n(2) The Supreme Court must allow the committal order, and may allow\nthe conviction or judgment, to be immediately amended as necessary\nin accordance with the facts.\n(3) The person committed must then be remanded to the person’s former\ncustody.\n","sortOrder":185},{"sectionNumber":"224","sectionType":"section","heading":"In cases of certiorari order","content":"224 In cases of certiorari order\nThe like proceedings as mentioned in section 222 and section 223\nmust be had, and the like amendments may and must be allowed to\nbe made, in relation to every order brought before the Supreme Court\nby certiorari order, and after amendment in any such case the order\nmay be enforced in the proper way, and must in all respects and for\nall purposes be regarded and dealt with as if it had been drawn up\noriginally as amended.\n\n","sortOrder":186},{"sectionNumber":"225","sectionType":"section","heading":"Notice dispensed with","content":"225 Notice dispensed with\n(1) The notice required by section 222 may be given either before or after\nthe habeas corpus order, certiorari order or other order is made.\n(2) When at the time of applying for the order—\n(a) copies of the conviction or order and depositions are produced;\nor\n(b) in cases of committal for trial or for sentence all informations,\ndepositions, and statements have been given, as provided in\nsection 106, to the director of public prosecutions or a person\nauthorised by the director of public prosecutions;\nthe Supreme Court may dispense with the notice.\n","sortOrder":187},{"sectionNumber":"226","sectionType":"section","heading":"Power of court to admit to bail","content":"226 Power of court to admit to bail\n(1) If any person imprisoned or detained under a summary conviction or\norder is brought up by a habeas corpus order, and the Supreme Court\npostpones the final decision of the case, the Supreme Court may admit\nthe person to bail in accordance with the Bail Act 1992.\n(2) If the judgment of the Supreme Court is against any person so brought\nup, the Supreme Court may remand the person to his or her former\ncustody, there to serve the rest of the term for which the person was\ncommitted.\n\n","sortOrder":188},{"sectionNumber":"227","sectionType":"section","heading":"Respecting the amendment of convictions etc","content":"227 Respecting the amendment of convictions etc\n(1) Whenever the facts or evidence appearing by the depositions in\nsubstance support the decision of the Magistrates Court, if the\ndecision does not extend beyond the information, and if the facts or\nevidence would have justified the court in making any necessary\nallegation or finding omitted in the decision, or in the formal\nconviction or order, or any warrant issued under the adjudication, the\npowers of amendment given by section 223 may be exercised, and if\nin a conviction there is some excess that may (consistently with the\nmerits of the case) be corrected, the conviction must be amended\naccordingly and must stand good for the remainder.\n(2) All amendments are subject to the order about costs and otherwise the\nSupreme Court considers appropriate.\n","sortOrder":189},{"sectionNumber":"228","sectionType":"section","heading":"No summons or information","content":"228 No summons or information\n(1) This section applies to a conviction or order in a case if—\n(a) a relevant person is present at the hearing of the case; and\n(b) there is no summons or information (or an amendment of a\nsummons or information) in relation to the person; and\n(c) the person does not object at the hearing about the matter\nmentioned in paragraph (b).\n(2) The conviction or order stands.\nrelevant person means—\n(a) a convicted person; or\n(b) a person against whom an order has been made; or\n(c) a person whose goods have been condemned or ordered to be\nsold as forfeited.\n\n","sortOrder":190},{"sectionNumber":"229","sectionType":"section","heading":"Distribution of penalty","content":"229 Distribution of penalty\nA conviction or an order is not defeated for the want of any\ndistribution, or for a wrong distribution of the penalty or forfeiture.\n\n","sortOrder":191},{"sectionNumber":"244","sectionType":"section","heading":"Costs in criminal matters","content":"244 Costs in criminal matters\n(1) The power of the court to award costs is subject to the following:\n(a) if the court makes a conviction or order in favour of the\ninformant—it may order that the defendant must pay to the\ninformant the informant’s costs;\n(b) if the court dismisses the information, or makes an order in\nfavour of the defendant—it may order that the informant must\npay to the defendant the defendant’s costs;\n(c) if a matter is adjourned—the court may order that the costs of\nand caused by the adjournment be paid by any party to any other\nparty;\n(d) costs ordered to be paid—\n(i) must be awarded in the way prescribed by regulation; and\n(ii) may be recovered under the rules about the enforcement of\njudgments of the court in civil proceedings.\n(2) Subject to any order of the court, the expenses of a person who attends\nat court to give evidence or to produce documents must be allowed to\nthe person (whether or not they have been examined or produced\ndocuments and whether or not they were subpoenaed to attend).\n\nSecurities in criminal matters Part 3.12\n","sortOrder":192},{"sectionNumber":"248","sectionType":"section","heading":"Meaning of security—pt 3.12","content":"248 Meaning of security—pt 3.12\nsecurity means a security under the Crimes (Sentencing) Act 2005,\nsection 15A (Fines—security for payment).\n","sortOrder":193},{"sectionNumber":"249","sectionType":"section","heading":"Securities taken under Act","content":"249 Securities taken under Act\n(1) A person must give security, whether as principal or surety, either by\nthe deposit of an amount with the registrar, or by an oral or written\nacknowledgment of the undertaking or condition by which, and of the\namount for which, the person is bound.\n(2) Record of the security having been made may be provided by entry\nof it in the court’s records.\n","sortOrder":194},{"sectionNumber":"250","sectionType":"section","heading":"Recovery of amount due under security","content":"250 Recovery of amount due under security\nAny amount becoming due under a security is recoverable on a claim\nby a police officer or by the registrar or by some other person\nauthorised by the court.\n","sortOrder":195},{"sectionNumber":"252","sectionType":"section","heading":"Sums paid by surety may be recovered from principal","content":"252 Sums paid by surety may be recovered from principal\nAny amount paid by a surety on behalf of his or her principal in\nrelation to a security, together with all costs, charges and expenses\nincurred by the surety in relation to the security, is taken to be a debt\ndue to the surety from the principal, and may be recovered on a claim\nby the surety.\n\n","sortOrder":196},{"sectionNumber":"253","sectionType":"section","heading":"Payment enforced by security","content":"253 Payment enforced by security\nIf security is given for payment of an amount, the payment must be\nenforced by means of the security in substitution for other means of\nenforcing the payment.\n","sortOrder":197},{"sectionNumber":"254","sectionType":"section","heading":"Enforcement of recognisance","content":"254 Enforcement of recognisance\n(a) a witness or a person sought to be made a witness has entered\ninto a recognisance for this Act; and\n(b) the court is satisfied that the witness or person sought to be made\na witness has failed to comply with a condition of the\nrecognisance;\nthe court may declare the recognisance to be forfeited and may make\nan order that the witness or person sought to be made a witness pay\nthe whole or a part of the amount in which the witness or person is\nbound under the recognisance.\n(a) the court has declared a recognisance to be forfeited under\nsubsection (1); and\n(b) a person is bound by the recognisance as surety for the\nperformance of that condition;\nthe court may make an order that the person mentioned in\nparagraph (b) pay the whole or a part of the amount in which the\nperson is bound under the recognisance.\n(3) An order made under subsection (1) or (2) may be enforced as if it\nwere a judgment entered on a claim by the registrar.\n\nSecurities in criminal matters Part 3.12\n(4) Subject to subsection (5), the court may, on application by a person\nagainst whom an order has been made under subsection (1) or (2)—\n(a) vary the order by reducing the amount payable under the order;\nor\n(b) revoke the order and, if the order was made under\nsubsection (1), revoke the declaration that the recognisance is\nforfeited.\n(5) If—\n(a) the court has made an order under subsection (1) or (2); and\n(b) an enforcement order has been made; and\n(c) property has been sold under the enforcement order;\nthe court must not make an order under subsection (4).\n(6) It is not necessary that, for the purpose of hearing an application under\nsubsection (4), the court be constituted by the magistrate who made\nthe order to which the application relates.\n\n","sortOrder":198},{"sectionNumber":"256","sectionType":"section","heading":"Application of ch 4","content":"256 Application of ch 4\nThis chapter does not apply in relation to—\n(a) a proceeding under the Family Violence Act 2016 or Personal\nViolence Act 2016; or\n(b) a proceeding under the Workers Compensation Act 1951; or\n(c) a proceeding on an information for an offence.\n\nCivil jurisdiction Part 4.2\n","sortOrder":199},{"sectionNumber":"257","sectionType":"section","heading":"Personal actions at law—amount or value","content":"257 Personal actions at law—amount or value\n(1) The Magistrates Court has jurisdiction to hear and decide any\npersonal action at law if the amount claimed is not more than\n$250 000, including a personal action at law if—\n(a) the amount claimed is the amount owing on a balance of\naccount, after an admitted set-off or otherwise; or\n(b) any amount in excess of $250 000 to which the plaintiff may be\nentitled in relation to the cause of action is abandoned in\naccordance with the rules.\n(2) If the amount claimed in a personal action includes interest up to\njudgment, or a lump sum instead of interest, in accordance with the\nrules, the interest is disregarded in working out whether or not the\ncourt has jurisdiction.\n(3) For this section, a personal action at law includes an action relating\nto the detention of goods, and the amount claimed in the action is the\nvalue of the goods plus any amount claimed for damages for the\ndetention of the goods.\n(4) Subsection (1) does not limit the court’s jurisdiction if, under another\nlaw in force in the ACT, an amount may be recovered by action in the\ncourt (even if the amount is more than $250 000).\nExample—s (4)\njurisdiction under the Fair Work Act 2009 (Cwlth), ch 4, pt 4-1 (Civil remedies) to\naward an amount of more than $250 000 in compensation for loss\n(5) The court’s jurisdiction under subsection (1) is additional to any\njurisdiction that the court has under any other law in force in the ACT.\nExample—s (5)\njurisdiction under the Fair Work Act 2009 (Cwlth), chapter 4, part 4-1 (Civil\nremedies) to make orders in relation to contraventions of certain civil remedy\nprovisions under that Act\n\n","sortOrder":200},{"sectionNumber":"258","sectionType":"section","heading":"Power of court to grant relief","content":"258 Power of court to grant relief\n(1) In any proceeding that the Magistrates Court has jurisdiction to hear\nand decide—\n(a) the court may grant any relief, redress or remedy that the\nSupreme Court may grant in a similar action in that court, and\nfor that purpose the Magistrates Court may make any order that\nthe Supreme Court may make; and\n(b) the court must give effect to any ground of defence,\ncounterclaim or set-off, whether equitable or legal, in the same\nway and to the same extent that the Supreme Court would do.\n(2) For the exercise by the Magistrates Court of its powers under\nsubsection (1) in any proceeding—\n(a) a magistrate constituting the court has, as well as any other\npowers under this Act, all the powers of a judge in a similar\naction in the Supreme Court; and\n(b) the registrar, bailiff or other appropriate officer of the\nMagistrates Court must exercise any function that a\ncorresponding officer of the Supreme Court would exercise in a\nsimilar action in that court in accordance with the practice and\nprocedure of that court.\n(3) In exercising a function mentioned in subsection (2), the registrar, a\nbailiff or other officer of the court must comply with this Act, the\nrules and any order of the Magistrates Court.\n","sortOrder":201},{"sectionNumber":"259","sectionType":"section","heading":"Rules of equity to prevail","content":"259 Rules of equity to prevail\nIn any proceeding in the Magistrates Court, if there is a conflict\nbetween the rules of equity and the rules of common law, the rules of\nequity prevail.\n\nCivil jurisdiction Part 4.2\n","sortOrder":202},{"sectionNumber":"260","sectionType":"section","heading":"Nuisance","content":"260 Nuisance\n(1) The Magistrates Court has the same jurisdiction as the Supreme Court\nto hear and decide a civil action for nuisance.\n(2) In a civil action for nuisance, the Magistrates Court may grant the\nsame relief as the Supreme Court may grant in a similar action in that\n","sortOrder":203},{"sectionNumber":"261","sectionType":"section","heading":"Disputed debts","content":"261 Disputed debts\n(1) The Magistrates Court may, in a proceeding in the court, declare\n(a) a person is or is not indebted to someone else; or\n(b) a person is or is not indebted to someone else in a stated amount;\nor\n(c) a person is or is not indebted to someone else in an amount that\nis more than a stated amount.\n(2) This section applies only in relation to a debt that is not more than\n$250 000.\n","sortOrder":204},{"sectionNumber":"262","sectionType":"section","heading":"Cause of action arising, or defendant resident, outside","content":"262 Cause of action arising, or defendant resident, outside\nACT\nThe Magistrates Court has jurisdiction to hear and decide a\nproceeding if—\n(a) the defendant was resident in the ACT when the claim was\nserved on the defendant, even though all of the cause of action\nin the proceeding arose outside the ACT; or\n(b) both of the following apply, even though the defendant is not in\nthe ACT:\n(i) a material part of the cause of action in the proceeding\narose in the ACT, even though part of the cause of action\narose outside the ACT;\n\n(ii) the claim is served on the defendant in Australia or an\nexternal territory.\n","sortOrder":205},{"sectionNumber":"263","sectionType":"section","heading":"Requests under conventions relating to legal","content":"263 Requests under conventions relating to legal\nproceedings in civil and commercial matters\n(1) The Magistrates Court has jurisdiction to make any order or take any\naction necessary to comply with a request received from the consular\nor other authority of a relevant foreign country for serving documents\nin the ACT or taking evidence in the ACT.\nrelevant foreign country—a foreign country is a relevant foreign\ncountry if a convention relating to legal proceedings in civil and\ncommercial matters is in force between the country and Australia.\n","sortOrder":206},{"sectionNumber":"264","sectionType":"section","heading":"Proceedings affecting title to land","content":"264 Proceedings affecting title to land\n(1) The Magistrates Court does not have jurisdiction to hear and decide\na proceeding in which the title to land is genuinely in question.\n(2) However, the jurisdiction of the Magistrates Court to hear and decide\na proceeding is not affected only because the title to land incidentally\ncomes in question in the proceeding.\n(3) In a proceeding mentioned in subsection (2), a judgment is not\nevidence of title to land.\n","sortOrder":207},{"sectionNumber":"265","sectionType":"section","heading":"Disputes under Residential Tenancies Act","content":"265 Disputes under Residential Tenancies Act\nThe Magistrates Court does not have jurisdiction in relation to a\ndispute to which the Residential Tenancies Act 1997 applies if the\namount in dispute is not more than $10 000.\n\nComplaints to ACAT about utilities) Part 4.2\n","sortOrder":208},{"sectionNumber":"266","sectionType":"section","heading":"Complaints under Utilities Act, pt 12","content":"266 Complaints under Utilities Act, pt 12\nThe Magistrates Court does not have jurisdiction in relation to a\nmatter to the extent to which it is the subject of—\n(a) a complaint under the Utilities Act 2000, part 12 (Complaints to\nACAT about utilities); or\n(b) a direction or declaration of the ACAT under that part.\n","sortOrder":209},{"sectionNumber":"266A","sectionType":"section","heading":"Civil disputes under ACT Civil and Administrative","content":"266A Civil disputes under ACT Civil and Administrative\nTribunal Act\n(1) A proceeding may not be started in the Magistrates Court in relation\nto—\n(a) a common boundaries determination; or\n(b) another civil dispute if an amount of not more than $25 000 is\nclaimed, or sought to be declared as a debt, whether or not any\nother relief is also sought.\n(2) To remove any doubt, this section does not apply—\n(a) in relation to the enforcement of an order made by the ACAT;\nor\n(b) to a combined fair work matter removed by the ACAT to the\nMagistrates Court under the ACT Civil and Administrative\nTribunal Act 2008, section 82A.\nNote The ACT Civil and Administrative Tribunal Act 2008, s 71 provides for\nthe enforcement by an appropriate court of a money order or non-money\norder made by the tribunal under the Court Procedures Rules 2006,\npt 2.18 (Enforcement).\ncivil dispute—see the ACT Civil and Administrative Tribunal\nAct 2008, section 16.\n\n","sortOrder":210},{"sectionNumber":"Part 4","sectionType":"part","heading":"2 Complaints to ACAT about utilities)","content":"Part 4.2 Complaints to ACAT about utilities)\ncommon boundaries determination—see the ACT Civil and\nAdministrative Tribunal Act 2008, section 15.\nNote An application may be made to the ACAT for civil disputes (see ACT\nCivil and Administrative Tribunal Act 2008, pt 4). The ACAT has, in\nrelation to civil disputes, the same jurisdiction and powers as the\nMagistrates Court (see ACT Civil and Administrative Tribunal Act 2008,\ns 22).\n","sortOrder":211},{"sectionNumber":"266B","sectionType":"section","heading":"Enforcement of ACT Civil and Administrative Tribunal","content":"266B Enforcement of ACT Civil and Administrative Tribunal\norder—representation\n(1) This section applies if a person (the first person)—\n(a) was represented in an application in the ACAT by someone else\n(the second person) under the ACT Civil and Administrative\nTribunal Act 2008, section 30; and\n(b) the ACAT made a money order or non-money order in favour\nof the first person; and\n(c) the first person enforces the order in the Magistrates Court under\nthe Court Procedures Rules 2006, part 2.18 (Enforcement).\n(2) The second person may represent the first person in the enforcement\nproceeding in the Magistrates Court.\n\nFair work claims Part 4.2A\nNote 1 Jurisdiction is conferred on the Magistrates Court (as an eligible State and\nTerritory court) in relation to the contravention of a civil remedy\nprovision and related matters under the Fair Work Act 2009 (Cwlth),\ns 539 and the Fair Work Regulations 2009 (Cwlth), reg 4.01A.\nNote 2 A person may choose to have the contravention of a civil remedy\nprovision dealt with under a small claims procedure (see Fair Work\nAct 2009 (Cwlth), s 548 and Fair Work Regulations 2009 (Cwlth),\nreg 4.01).\nNote 3 A party to a proceeding for a fair work small claim may be represented\nby an official of an industrial association in circumstances stated by the\nCommonwealth legislation (see s 266G and Fair Work Act 2009 (Cwlth),\ns 548 and Fair Work Regulations 2009 (Cwlth), reg 4.01).\nNote 4 The Fair Work Act 2009 (Cwlth), s 539 (2), sets out who may apply for\norders in relation to the contravention of a civil remedy provision.\nNote 5 The Magistrates Court may make orders in relation to a fair work claim\nfor parties to pay a particular amount or a pecuniary penalty, may order\ninterest up to judgment and may order costs in limited circumstances (see\nFair Work Act 2009 (Cwlth), s 545 (3) and (3A), s 546 (1), s 547 and\ns 570).\n","sortOrder":212},{"sectionNumber":"266C","sectionType":"section","heading":"Object of pt 4.2A","content":"266C Object of pt 4.2A\nThe object of this part is to provide for the timely, inexpensive and\ninformal resolution of fair work claims in the Magistrates Court.\n","sortOrder":213},{"sectionNumber":"266D","sectionType":"section","heading":"Application of pt 4.2A","content":"266D Application of pt 4.2A\nTo remove any doubt, the following provisions do not apply to a fair\nwork claim:\n(a) part 4.3 (Case stated for Supreme Court);\n(b) part 4.4 (Transfer of proceedings from or to Supreme Court);\n\n(c) part 4.5 (Civil appeals).\nNote An appeal lies to the Federal Court from the Magistrates Court (as an\neligible State or Territory court)—see the Fair Work Act 2009 (Cwlth),\ns 565.\n","sortOrder":214},{"sectionNumber":"266E","sectionType":"section","heading":"Definitions—pt 4.2A","content":"266E Definitions—pt 4.2A\ncivil remedy provision—see the Fair Work Act 2009 (Cwlth),\nsection 539 (1).\neligible State or Territory court—see the Fair Work Act 2009\n(Cwlth), section 12.\nNote The Magistrates Court is an eligible State or Territory Court (see Fair\nWork Act 2009 (Cwlth), s 12).\nfair work claim means—\n(a) a fair work general claim; or\n(b) a fair work small claim.\nfair work general claim means a claim—\n(a) in relation to a civil remedy provision; and\n(b) that may be heard by the Magistrates Court (as an eligible State\nor Territory court); and\n(c) that is not a fair work small claim.\nfair work small claim means a claim—\n(a) in relation to a civil remedy provision; and\n(b) that may be heard by the Magistrates Court (as an eligible State\nor Territory court); and\n(c) that may be dealt with under the small claims procedure\nmentioned in the Fair Work Act 2009 (Cwlth), section 548.\n\nFair work claims Part 4.2A\nofficial, of an industrial association—see the Fair Work Act 2009\n(Cwlth), section 12.\n","sortOrder":215},{"sectionNumber":"266F","sectionType":"section","heading":"Fair work claim—compulsory mediation","content":"266F Fair work claim—compulsory mediation\n(1) After a person has started a proceeding for a fair work claim in the\nMagistrates Court, and before the court hears the claim, the registrar\nmust direct the parties to the claim to attend mediation at a stated time\nand place.\n(2) The purpose of the mediation is to achieve a timely, cost-effective,\nproportionate and agreed resolution of the claim if possible.\n(3) The registrar may dispense with the mediation on the joint application\nof the parties to the claim.\n(4) The person who conducts the mediation may make a recommendation\nor express an opinion during the mediation to assist the parties to the\nproceeding achieve the purpose of the mediation.\n(5) Failure to comply with subsection (1) does not affect the validity of\nany orders made by the court in relation to the claim.\n","sortOrder":216},{"sectionNumber":"266G","sectionType":"section","heading":"Fair work small claim—representation by official of","content":"266G Fair work small claim—representation by official of\nindustrial association\nA party to a fair work small claim may be represented in the\nMagistrates Court by an official of an industrial association if the\ncourt grants the party leave.\n","sortOrder":217},{"sectionNumber":"266H","sectionType":"section","heading":"Fair work small claim that is fair work general claim","content":"266H Fair work small claim that is fair work general claim\n(1) This section applies to a proceeding started in the Magistrates Court\nas a fair work small claim but which the court considers to be a fair\nwork general claim.\n(2) The court must continue the proceeding as a proceeding for a fair\nwork general claim.\n\n","sortOrder":218},{"sectionNumber":"266I","sectionType":"section","heading":"Combined fair work matter—procedure if removed from","content":"266I Combined fair work matter—procedure if removed from\nACAT\n(1) If the ACAT makes an order under section 82A of the ACT Civil and\nAdministrative Tribunal Act 2008 to remove a combined fair work\nmatter to the Magistrates Court, the ACAT must send the court any\ndocument or thing that was before the ACAT in relation to the matter\n(the matter material).\n(2) A proceeding for a combined fair work matter is taken to have started\nin the court on the day the matter material is received by the court.\n","sortOrder":219},{"sectionNumber":"266J","sectionType":"section","heading":"Fair work claim—deciding or adjourning proceedings","content":"266J Fair work claim—deciding or adjourning proceedings\n(1) This section applies to a fair work claim started in the Magistrates\nCourt if—\n(a) a party to the claim does not attend mediation as directed by the\nregistrar under section 266F; and\n(b) the court is satisfied that the party has been made aware of the\ntime and place for the mediation.\n(2) The Magistrates Court may—\n(a) decide the claim; or\n(b) adjourn the proceedings for the claim.\n\nCase stated for Supreme Court Part 4.3\nPart 4.3 Case stated for Supreme Court\n","sortOrder":220},{"sectionNumber":"267","sectionType":"section","heading":"Case stated","content":"267 Case stated\n(1) On the application of a party to a proceeding in the Magistrates Court,\nthe court may state, in the form of a special case, any question of law\nthat arises in the proceeding for the opinion of the Supreme Court.\n(2) The Supreme Court has jurisdiction to hear and decide a case stated\nunder this section.\n\nPart 4.4 Transfer of proceedings from or to Supreme Court\nPart 4.4 Transfer of proceedings from or\nto Supreme Court\n268 Transfer of action from Supreme Court\n(1) This section applies if a proceeding in the Supreme Court relates to a\ncause of action that is a prescribed action.\n(2) The Supreme Court may, on the application of a party to the action or\nits own initiative, order that the action be transferred to the\nMagistrates Court if it considers it just to do so.\n(3) In subsection (1):\nprescribed action means an action in which the amount claimed\n(whether initially or as reduced by payment, admitted set-off or\notherwise) is not more than the amount for which the Magistrates\nCourt has jurisdiction under this chapter.\n","sortOrder":221},{"sectionNumber":"269","sectionType":"section","heading":"Procedure on transfer of action from Supreme Court","content":"269 Procedure on transfer of action from Supreme Court\n(1) This section applies if the Supreme Court has made an order under\nsection 268 that an action pending in the Supreme Court be\ntransferred to the Magistrates Court.\n(2) A party to the action may file in the Magistrates Court a copy of the\norder, a copy of each of the pleadings (if any) in the action and any\nother relevant documents filed in the Supreme Court.\n(3) When the copies have been filed, the action—\n(a) stops being an action in the Supreme Court; and\n(b) becomes a proceeding in the Magistrates Court.\n(4) The proceeding is taken to have been begun in the Magistrates Court\non the day the action was begun in the Supreme Court.\n\nTransfer of proceedings from or to Supreme Court Part 4.4\n(5) Costs in the proceeding are to be allowed—\n(a) for costs incurred before the order under section 268 was made\n(including the costs of getting the order) and the costs of getting\nthe copies mentioned in subsection (2)—in accordance with the\nrules under the Court Procedures Act 2004 applying to the\nSupreme Court, but subject to any Supreme Court order; and\n(b) for costs incurred after the order was made (not including the\ncosts of getting the copies)—in accordance with the rules\napplying to the Magistrates Court.\n(6) If costs mentioned in subsection (5) (a) are to be assessed, the costs\nmust be assessed by the registrar in accordance with the rules\napplying to the Supreme Court.\n","sortOrder":222},{"sectionNumber":"270","sectionType":"section","heading":"Removal of proceedings into Supreme Court","content":"270 Removal of proceedings into Supreme Court\nOn the application of a party to a proceeding in the Magistrates Court,\nthe Supreme Court may order that the proceeding be removed into the\nSupreme Court on the conditions about costs, security for the amount\nclaimed or costs, or otherwise, that the Supreme Court considers just.\n","sortOrder":223},{"sectionNumber":"271","sectionType":"section","heading":"Stay of proceedings","content":"271 Stay of proceedings\n(1) This section applies if an application under section 270 to have a\nproceeding in the Magistrates Court removed into the Supreme Court\nis pending.\n(2) On the application of a party to the proceeding, the Supreme Court\nmay order that the proceeding be stayed until the application under\nsection 270 is decided or until the Supreme Court orders otherwise.\n(3) An order that a proceeding be stayed takes effect immediately on a\ncopy of the order being filed in the Magistrates Court.\n\n","sortOrder":224},{"sectionNumber":"272","sectionType":"section","heading":"Meaning of appeal—pt 4.5","content":"272 Meaning of appeal—pt 4.5\nappeal means an appeal to the Supreme Court from a judgment or\norder of the Magistrates Court, whether final or interlocutory, in a\nproceeding that the Magistrates Court has jurisdiction to hear and\ndecide under this chapter.\n","sortOrder":225},{"sectionNumber":"273","sectionType":"section","heading":"Jurisdiction","content":"273 Jurisdiction\n(1) The jurisdiction of the Supreme Court to hear and decide appeals is\nsubject to the exceptions and conditions in this part.\n(2) Subsection (1) does not affect the operation of any other law that\nprovides for the appellate jurisdiction of the Supreme Court.\n","sortOrder":226},{"sectionNumber":"274","sectionType":"section","heading":"Cases in which appeal may be brought","content":"274 Cases in which appeal may be brought\n(1) An appeal may be brought only with the leave of the Supreme Court.\n(2) However, an appeal may be brought as of right from a judgment or\norder—\n(a) for, or for the payment of, an amount of $2 000 or more; or\n(b) in a proceeding in the Magistrates Court—\n(i) in which the matter in issue amounts to, or is of the value\nof, $2 000 or more; or\n(ii) that involves directly or indirectly a claim, demand or\nquestion to or in relation to any property or any civil right\namounting to, or of the value of, $2 000 or more.\n\nCivil appeals Part 4.5\n","sortOrder":227},{"sectionNumber":"276","sectionType":"section","heading":"Evidence on appeal","content":"276 Evidence on appeal\nIn an appeal, the Supreme Court must have regard to the evidence\ngiven in the proceeding in the Magistrates Court out of which the\nappeal arose, and has power to draw inferences of fact and, in its\ndiscretion, to receive further evidence.\n\n","sortOrder":228},{"sectionNumber":"287","sectionType":"section","heading":"Childrens Court","content":"287 Childrens Court\n(1) The Magistrates Court is known as the Childrens Court when it is\nconstituted by a Childrens Court Magistrate exercising the\njurisdiction given under section 288.\n(2) The Magistrates Court is also known as the Childrens Court when it\nis constituted by—\n(a) a magistrate assigned under section 291C (Assignment of other\nmagistrates for Childrens Court matters) who is exercising the\njurisdiction given under section 288; or\n(b) a magistrate acting under section 291D (2) (Completion of part-\nheard matters).\n(3) The Childrens Court may use the Magistrates Court seal.\n","sortOrder":229},{"sectionNumber":"288","sectionType":"section","heading":"Jurisdiction of Childrens Court","content":"288 Jurisdiction of Childrens Court\n(1) The Childrens Court has jurisdiction to hear and decide—\n(a) any criminal proceeding against a person in relation to a\nsummary offence if the person was under 18 years old at the time\nof the alleged offence; and\n(b) any criminal proceeding against a person in relation to an\nindictable offence (other than an offence punishable by\nimprisonment for life) if the person was under 18 years old at\nthe time of the alleged offence; and\n(c) a proceeding in relation to bail for a child; and\n\nThe Childrens Court Part 4A.1\n(d) any application to or other proceeding in a court under the\nChildren and Young People Act 2008, including a proceeding\ntransferred to the court under the Children and Young People\nAct 2008, chapter 17 (Care and protection—interstate transfer of\norders and proceedings); and\n(e) if a child and an adult are jointly charged with an offence—the\nproceeding against the child and the proceeding against the adult\nthat arise out of the charge.\n(2) Subsection (1) (b) is subject to the Crimes Act 1900—\n(b) section 375AA (Summary disposal of certain cases—Childrens\n(3) Subsection (1) (c) is subject to the Bail Act 1992.\n","sortOrder":230},{"sectionNumber":"289","sectionType":"section","heading":"Procedure for proceedings where children jointly charged","content":"289 Procedure for proceedings where children jointly charged\nwith adults\n(1) If section 288 (1) (e) applies, a magistrate may, considering the nature\nof the alleged offence and the time and expense involved in carrying\nout hearings for the offence separately, order that the hearing for the\noffence against the child and the adult be heard together.\nNote Section 288 (1) (e) applies if a child and an adult are jointly charged with\nan offence.\n(2) Subsection (1) does not affect the operation of the Court Procedures\nAct 2004, part 7A (Procedural provisions—proceedings involving\nchildren or young people) in relation to the child.\n(3) To remove any doubt, the Court Procedures Act 2004, part 7A\n(Procedural provisions—proceedings involving children or young\npeople) applies to a proceeding against a child even if the proceeding\narises out of an offence for which the child and an adult were jointly\ncharged.\n\n","sortOrder":231},{"sectionNumber":"290","sectionType":"section","heading":"Chief Magistrate to arrange business of Childrens Court","content":"290 Chief Magistrate to arrange business of Childrens Court\n(1) The Chief Magistrate is responsible for ensuring the orderly and\nprompt discharge of the business of the Childrens Court.\n(2) The Chief Magistrate may, subject to appropriate and practicable\nconsultation with the magistrates, make arrangements about—\n(a) a magistrate who is to be a Childrens Court Magistrate; and\n(b) the assignment of a magistrate under—\n(i) section 291B (Acting Childrens Court Magistrate); or\n(ii) section 291C (Assignment of other magistrates for\nChildrens Court matters).\n","sortOrder":232},{"sectionNumber":"291","sectionType":"section","heading":"Childrens Court Magistrate to hear all matters","content":"291 Childrens Court Magistrate to hear all matters\n(1) A Childrens Court Magistrate is responsible for dealing with all\nmatters within the jurisdiction of the Childrens Court.\n(2) Subsection (1) is subject to—\n(a) section 291C (Assignment of other magistrates for Childrens\nCourt matters); and\n(b) section 291D (Completion of part-heard matters).\n(3) Also, subsection (1) does not prevent a magistrate other than a\nChildrens Court Magistrate from exercising—\n(a) a function or power given to a magistrate under a provision of\nthe Children and Young People Act 2008; or\n(b) a power given to a magistrate under a territory law to admit a\nchild or young person to bail under the Bail Act 1992 or to\nremand a child or young person in custody.\n\nChildrens Court Magistrate Part 4A.2\n","sortOrder":233},{"sectionNumber":"291A","sectionType":"section","heading":"Childrens Court Magistrate","content":"291A Childrens Court Magistrate\n(1) The Chief Magistrate—\n(a) must declare 1 magistrate to be a Childrens Court Magistrate;\nand\n(b) may declare more than 1 magistrate to be a Childrens Court\nMagistrate; and\n(c) may declare that the Chief Magistrate is a Childrens Court\nMagistrate.\n(2) The declaration must state the period, of not longer than 2 years, for\nwhich the magistrate is a Childrens Court Magistrate.\n(3) The Chief Magistrate must not declare a magistrate to be a Childrens\nCourt Magistrate unless satisfied the magistrate is suitably qualified\nto be a Childrens Court Magistrate.\n(4) The Chief Magistrate—\n(a) must revoke a declaration that a magistrate is a Childrens Court\nMagistrate if asked by the magistrate; and\n(b) may revoke a declaration that the Chief Magistrate is a Childrens\nCourt Magistrate at any time.\n(5) A declaration, or revocation, under this section is a notifiable\ninstrument.\n","sortOrder":234},{"sectionNumber":"291B","sectionType":"section","heading":"Acting Childrens Court Magistrate","content":"291B Acting Childrens Court Magistrate\n(1) The Chief Magistrate may assign a magistrate to act as a Childrens\nCourt Magistrate only if—\n(a) there is no Childrens Court Magistrate; or\n\n(b) there is no Childrens Court Magistrate able to exercise the\nfunctions of a Childrens Court Magistrate (for example, due to\nabsence from duty or from the ACT).\n(2) A magistrate assigned to act as a Childrens Court Magistrate is a\nChildrens Court Magistrate for this Act and any other Act.\n","sortOrder":235},{"sectionNumber":"291C","sectionType":"section","heading":"Assignment of other magistrates for Childrens Court","content":"291C Assignment of other magistrates for Childrens Court\nmatters\n(1) The Chief Magistrate may assign another magistrate to deal with a\nmatter if a Childrens Court Magistrate is unable to deal with the\nmatter—\n(a) without delay that is likely to prejudice the wellbeing of a child\nor young person; or\n(b) because of a conflict of interest, or a perceived conflict of\ninterest.\n(2) A magistrate may be assigned under subsection (1) (a) only if the\nChief Magistrate is satisfied the assignment is necessary having\nregard to—\n(a) how the delay is likely to prejudice the child’s or young person’s\nwellbeing; and\n(b) the principle in the Children and Young People Act 2008,\nsection 8 that in making a decision under that Act in relation to\na particular child or young person, the decision-maker must\nregard the best interests of the child or young person as the\nparamount consideration; and\n(c) the degree of urgency of the matter to be dealt with by the\nassigned magistrate; and\n(d) the views and wishes (if any) of the Childrens Court Magistrate\nwho is unable to deal with the matter about the proposed\nassignment.\n\nChildrens Court Magistrate Part 4A.2\n(3) This section is in addition to, and does not limit, section 291B (Acting\nChildrens Court Magistrate).\n","sortOrder":236},{"sectionNumber":"291D","sectionType":"section","heading":"Completion of part-heard matters","content":"291D Completion of part-heard matters\n(a) a magistrate begins to deal with a Childrens Court matter under\nthis chapter; and\n(b) before the matter is finally decided, the magistrate ceases to—\n(i) be a Childrens Court Magistrate; or\n(ii) hold an assignment under section 291B or section 291C.\n(2) The magistrate may continue to deal with the matter until it is finally\ndecided.\n\n","sortOrder":237},{"sectionNumber":"291E","sectionType":"section","heading":"Procedures for hearing indictable offences","content":"291E Procedures for hearing indictable offences\n(a) a child charged with an indictable offence is brought before the\nChildrens Court; and\n(b) the court—\n(i) has no power to hear and decide the charge summarily; or\n(ii) has the power to hear and decide the charge summarily, but\ndecides not to.\n(2) The Childrens Court must deal with the charge as if—\n(a) the charge were a charge for an indictable offence to which this\nAct applied; and\n(b) the Childrens Court were the Magistrates Court; and\n(c) any necessary changes were made.\n","sortOrder":238},{"sectionNumber":"291F","sectionType":"section","heading":"Childrens Court may adjourn hearings to allow access to","content":"291F Childrens Court may adjourn hearings to allow access to\nlegal advice\n(1) This section applies to a charge for an indictable offence against a\nchild that the Childrens Court is hearing summarily.\n(2) The court may, at any time, adjourn the hearing to allow any of the\nfollowing people to get legal advice:\n(a) the child;\n(b) a parent of the child;\n(c) someone else who has daily care responsibility, or long-term\ncare responsibility, for the child.\n\nCriminal proceedings Part 4A.3\ndaily care responsibility—see the Children and Young People\nAct 2008, section 19.\nlong-term care responsibility—see the Children and Young People\nAct 2008, section 20.\n","sortOrder":239},{"sectionNumber":"291G","sectionType":"section","heading":"Childrens Court may send cases to Supreme Court for","content":"291G Childrens Court may send cases to Supreme Court for\nsentencing\n(1) This section applies if the Childrens Court convicts a person of an\nindictable offence.\n(2) The Childrens Court may, by order, commit the person to the\nSupreme Court for sentence if satisfied that—\n(a) sentence should be passed on the person by the Supreme Court\nbecause of the character and history of the person; or\n(b) the sentence that is likely to be appropriate is a sentence the\nChildrens Court does not have power to impose.\n(3) In deciding whether to make an order under subsection (2) (a), the\nChildrens Court must consider any report provided under the Court\nProcedures Act 2004, section 74D (Court may order report about\nyoung person).\n(4) If the Childrens Court makes an order under subsection (2), the\nSupreme Court may deal with the person as if the person had been\nconvicted of the offence in the Supreme Court.\n(5) Also, if the Childrens Court makes an order under subsection (2), the\nChildrens Court must, if the person has been charged with a back-up\nor related offence, deal with the back-up or related offence in\naccordance with section 94 (2) (Discharge or committal for trial) in\nthe same way as a person who is committed for trial under that\nsection.\n\n291GA Warrumbul Court\nThe Childrens Court is known as the Warrumbul Court when it is\nsitting to provide circle sentencing.\n291GB Directions about procedure for Warrumbul Court\n(1) The Childrens Court may give a direction in relation to the procedure\nto be followed in relation to circle sentencing for certain Aboriginal\nor Torres Strait Islander offenders, and any other relevant matter in\nrelation to circle sentencing.\n(2) To remove any doubt, a direction mentioned in subsection (1) is not\ntaken to limit the Childrens Court’s discretion in sentencing an\noffender.\n(3) Nothing in this section limits the Childrens Court’s power to give a\ndirection under section 309 (Directions about procedure).\n\nThe Family Violence Court Chapter 4B\nPreliminary Part 4B.1\n","sortOrder":240},{"sectionNumber":"Part 4B","sectionType":"part","heading":"1 Preliminary","content":"Part 4B.1 Preliminary\n","sortOrder":241},{"sectionNumber":"291H","sectionType":"section","heading":"Meaning of family violence offence","content":"291H Meaning of family violence offence\nIn this Act:\nfamily violence offence—see the Family Violence Act 2016,\n","sortOrder":242},{"sectionNumber":"291I","sectionType":"section","heading":"Purpose—ch 4B","content":"291I Purpose—ch 4B\nThe purpose of this chapter is to establish a specialised court to deal\nwith family violence offences, recognising that—\n(a) the nature of family violence and the particular needs involved\nin protecting victims is complex; and\n(b) great social harm results from family violence; and\n(c) family violence offences take place in the context of a special\nrelationship between people.\n\n","sortOrder":243},{"sectionNumber":"291J","sectionType":"section","heading":"Family Violence Court","content":"291J Family Violence Court\n(1) The Magistrates Court is known as the Family Violence Court when\nit is exercising the jurisdiction of the Magistrates Court in relation to\na proceeding mentioned in section 291K.\n(2) The Family Violence Court may use the Magistrates Court seal.\n(3) When a magistrate sits as the Family Violence Court, the magistrate\nmay be referred to as the Family Violence Court Magistrate.\n(4) The Chief Magistrate is responsible for ensuring the orderly and\nprompt discharge of the business of the Family Violence Court.\n","sortOrder":244},{"sectionNumber":"291K","sectionType":"section","heading":"Jurisdiction of Family Violence Court","content":"291K Jurisdiction of Family Violence Court\n(1) The Family Violence Court may exercise the jurisdiction of the\nMagistrates Court in relation to the following:\n(a) any criminal proceeding against a person in relation to a\nsummary family violence offence if the person was 18 years old\nor over at the time of the alleged offence;\n(b) any criminal proceeding against a person in relation to an\nindictable family violence offence if the person was 18 years old\nor over at the time of the alleged offence;\n(c) a proceeding in relation to bail for an adult charged with a family\nviolence offence;\n(d) a proceeding in relation to a breach of a sentence imposed by the\nMagistrates Court or the Family Violence Court on a person for\na family violence offence.\n(2) Subsection (1) (b) is subject to the Crimes Act 1900—\n\nThe Family Violence Court Chapter 4B\nThe Family Violence Court Part 4B.2\n(b) section 375 (Summary disposal of certain cases—Magistrates\n(3) Subsection (1) (c) is subject to the Bail Act 1992.\n\n","sortOrder":245},{"sectionNumber":"291M","sectionType":"section","heading":"Galambany Court","content":"291M Galambany Court\nThe Magistrates Court is known as the Galambany Court when it is\nsitting to provide circle sentencing.\n","sortOrder":246},{"sectionNumber":"291N","sectionType":"section","heading":"Directions about procedure for Galambany Court","content":"291N Directions about procedure for Galambany Court\n(1) The Magistrates Court may give a direction in relation to the\nprocedure to be followed in relation to circle sentencing for certain\nAboriginal or Torres Strait Islander offenders, and any other relevant\nmatter in relation to circle sentencing.\n(2) To remove any doubt, a direction mentioned in subsection (1) is not\ntaken to limit the Magistrates Court’s discretion in sentencing an\noffender.\n(3) Nothing in this section limits the Magistrates Court’s power to give a\ndirection under section 309 (Directions about procedure).\n\nPreliminary Part 4D.1\n","sortOrder":247},{"sectionNumber":"Part 4D","sectionType":"part","heading":"1 Preliminary","content":"Part 4D.1 Preliminary\n","sortOrder":248},{"sectionNumber":"291O","sectionType":"section","heading":"Definitions—ch 4D","content":"291O Definitions—ch 4D\nindustrial or work safety matter—see section 291Q (1).\nindustrial or work safety offence means an offence under an Act\nmentioned in section 291Q (1) (a).\n\n","sortOrder":249},{"sectionNumber":"291P","sectionType":"section","heading":"Industrial Court","content":"291P Industrial Court\n(1) The Magistrates Court is known as the Industrial Court when it is\nconstituted by the Industrial Court Magistrate exercising the\njurisdiction given under section 291Q.\n(2) The Magistrates Court is also known as the Industrial Court when it\nis constituted by—\n(a) a magistrate assigned under section 291W (Assignment of other\nmagistrates for Industrial Court matters) who is exercising the\njurisdiction given under section 291Q; or\n(b) a magistrate acting under section 291X (2) (Industrial Court—\ncompletion of part-heard matters).\n(3) The Industrial Court may use the Magistrates Court seal.\n","sortOrder":250},{"sectionNumber":"291Q","sectionType":"section","heading":"Jurisdiction of Industrial Court","content":"291Q Jurisdiction of Industrial Court\n(1) The Industrial Court has jurisdiction to hear and decide the following\n(an industrial or work safety matter):\n(a) a proceeding under the following Acts:\n(i) the Dangerous Substances Act 2004;\n(ii) the Machinery Act 1949;\n(iii) the Scaffolding and Lifts Act 1912;\n(iv) the Workers Compensation Act 1951;\n(v) the Work Health and Safety Act 2011;\n(vi) the Workplace Privacy Act 2011;\n(b) a proceeding that an Act states must be heard and decided by the\nIndustrial Court;\n\nThe Industrial Court Part 4D.2\n(c) a personal action at law arising from substantially the same facts\nthat form the basis of a proceeding mentioned in paragraph (a)\nor (b) before the court.\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n(2) The Industrial Court may exercise the jurisdiction of the Magistrates\nCourt in relation to the following:\n(a) any criminal proceeding in relation to an industrial or work\nsafety offence that is a summary offence against a person who\nis—\n(i) a corporation; or\n(ii) an individual, but only if the individual was an adult at the\ntime of the alleged offence;\n(b) any criminal proceeding in relation to an industrial or work\nsafety offence that is an indictable offence against a person who\nis—\n(i) a corporation; or\n(ii) an individual, but only if the individual was an adult at the\ntime of the alleged offence;\n(c) a proceeding in relation to bail for an adult charged with an\nindustrial or work safety offence;\n(d) a proceeding in relation to a breach of a sentence imposed by the\nMagistrates Court for an industrial or work safety offence.\n(3) Subsection (2) (b) is subject to the Crimes Act 1900—\n(b) section 375 (Summary disposal of certain cases—Magistrates\n\n(4) Subsection (2) (c) is subject to the Bail Act 1992.\n(5) The Industrial Court may exercise the jurisdiction of the Magistrates\nCourt in relation to—\n(a) an industrial or work safety matter; and\n(b) a fair work claim; and\n(c) a combined fair work matter.\n(6) This section applies—\n(a) for a civil proceeding—to an industrial or work safety matter\ncommenced after the commencement of the Magistrates Court\n(Industrial Proceedings) Amendment Act 2013; and\n(b) for a criminal proceeding—to a prosecution for an industrial or\nwork safety offence commenced after the commencement of the\nMagistrates Court (Industrial Proceedings) Amendment\nAct 2013.\n(7) In this section:\nproceeding, under an Act mentioned in subsection (1) (a)—\n(a) includes arbitration; but\n(b) does not include a matter that may be brought before the ACAT\nunder the Act.\n","sortOrder":251},{"sectionNumber":"291R","sectionType":"section","heading":"Chief Magistrate to arrange business of Industrial Court","content":"291R Chief Magistrate to arrange business of Industrial Court\n(1) The Chief Magistrate is responsible for allocating, and ensuring the\norderly and prompt discharge of, the business of the Industrial Court.\n(2) The Chief Magistrate may, subject to appropriate and practicable\nconsultation with the magistrates, make arrangements about—\n(a) the magistrate who is to be the Industrial Court Magistrate; and\n\nThe Industrial Court Part 4D.2\n(b) the assignment of a magistrate under—\n(i) section 291V (Acting Industrial Court Magistrate); or\n(ii) section 291W (Assignment of other magistrates for\nIndustrial Court matters).\n","sortOrder":252},{"sectionNumber":"291S","sectionType":"section","heading":"Industrial Court Magistrate to hear all matters","content":"291S Industrial Court Magistrate to hear all matters\n(1) The Industrial Court Magistrate is responsible for dealing with all\nmatters before the Industrial Court.\n(2) Subsection (1) is subject to—\n(a) section 291W (Assignment of other magistrates for Industrial\nCourt matters); and\n(b) section 291X (Industrial Court—completion of part-heard\nmatters).\n","sortOrder":253},{"sectionNumber":"291T","sectionType":"section","heading":"Transfer of industrial or work safety matter to Supreme","content":"291T Transfer of industrial or work safety matter to Supreme\nCourt\n(1) If a party to an industrial or work safety matter (a matter) applies to\nhave the matter transferred to the Supreme Court, the Industrial Court\nmay, if it considers it appropriate, order that the matter be transferred\nto the Supreme Court.\n(2) If the parties to a matter jointly apply to have the matter transferred\nto the Supreme Court, the Industrial Court must order that the matter\nbe transferred to the Supreme Court.\n(3) If the Industrial Court considers that a matter would be more\nappropriately dealt with by the Supreme Court, the Industrial Court\nmay order that the matter be transferred to the Supreme Court.\n(4) This section does not apply to a proceeding mentioned in\nsection 291Q (2).\n\n","sortOrder":254},{"sectionNumber":"291U","sectionType":"section","heading":"Industrial Court Magistrate","content":"291U Industrial Court Magistrate\n(1) The Chief Magistrate must declare 1 magistrate to be the Industrial\nCourt Magistrate for a stated term of not longer than 4 years.\n(2) The Chief Magistrate may declare himself or herself to be the\nIndustrial Court Magistrate.\n(3) The Chief Magistrate must not declare a magistrate to be the\nIndustrial Court Magistrate unless satisfied the magistrate is suitably\nqualified to be the Industrial Court Magistrate.\n(4) The Chief Magistrate must revoke a declaration under this section if\nasked by the Industrial Court Magistrate.\n(5) A declaration, or revocation, under this section is a notifiable\ninstrument.\n","sortOrder":255},{"sectionNumber":"291V","sectionType":"section","heading":"Acting Industrial Court Magistrate","content":"291V Acting Industrial Court Magistrate\n(1) The Chief Magistrate may assign a magistrate to act as Industrial\nCourt Magistrate only if—\n(a) there is no Industrial Court Magistrate; or\n(b) the Industrial Court Magistrate—\n(i) is absent from duty or from the ACT; or\n(ii) cannot exercise the functions of the Industrial Court\nMagistrate for another reason.\n(2) A magistrate assigned to act as Industrial Court Magistrate is the\nIndustrial Court Magistrate for this Act and any other Act.\n\nIndustrial Court Magistrate Part 4D.3\n","sortOrder":256},{"sectionNumber":"291W","sectionType":"section","heading":"Assignment of other magistrates for Industrial Court","content":"291W Assignment of other magistrates for Industrial Court\nmatters\n(1) The Chief Magistrate may assign another magistrate to deal with an\nindustrial or work safety matter if—\n(a) the Chief Magistrate is satisfied that—\n(i) a perception of bias may arise if the Industrial Court\nMagistrate were to deal with the matter; or\n(ii) it is in the interests of justice to do so; or\n(b) a magistrate begins to deal with the matter under this chapter but\nbefore the matter is finally decided, the magistrate—\n(i) dies; or\n(ii) becomes mentally or physically incapacitated, if the\nincapacity substantially affects the exercise of the\nmagistrate’s functions; or\n(iii) resigns; or\n(iv) is otherwise unable to continue to deal with the matter.\n(2) This section is in addition to, and does not limit, section 291V (Acting\nIndustrial Court Magistrate).\n","sortOrder":257},{"sectionNumber":"291X","sectionType":"section","heading":"Industrial Court—completion of part-heard matters","content":"291X Industrial Court—completion of part-heard matters\n(a) a magistrate begins to deal with an Industrial Court matter under\nthis chapter; and\n(b) before the matter is finally decided, the magistrate ceases to—\n(i) be the Industrial Court Magistrate; or\n(ii) hold an assignment under section 291V or section 291W.\n\n(2) The magistrate may continue to deal with the matter until it is finally\ndecided.\n\nOffences Part 5.1\n","sortOrder":258},{"sectionNumber":"Part 5","sectionType":"part","heading":"1 Offences","content":"Part 5.1 Offences\n","sortOrder":259},{"sectionNumber":"292","sectionType":"section","heading":"Failure to comply with order in nuisance action","content":"292 Failure to comply with order in nuisance action\nA person must not contravene an order made by the court in a civil\naction for nuisance.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\n","sortOrder":260},{"sectionNumber":"298","sectionType":"section","heading":"Prejudice to employee","content":"298 Prejudice to employee\n(1) An employer must not dismiss an employee, or otherwise prejudice\nan employee in his or her employment, because a garnishee order\nattaching the earnings of the employee has been made by the court.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\n(a) an employee is dismissed or prejudiced within 6 months after a\ngarnishee order is made; and\n(b) all the elements of the offence other than the reason for the\nemployer’s action are proved;\nthe onus of proving that the dismissal or prejudice was not because of\nthe garnishee order is on the employer.\n(3) A conviction under subsection (1) does not limit, restrict or otherwise\neffect any obligation that the garnishee may have in relation to the\njudgment debtor or any right or remedy that the judgment debtor may\nhave against the garnishee under any other law in force in the ACT.\n\n","sortOrder":261},{"sectionNumber":"307","sectionType":"section","heading":"Contempt of court","content":"307 Contempt of court\n(1) A person is in contempt of the Magistrates Court if the person—\n(a) contravenes an order of the court or an undertaking given to the\ncourt; or\n(b) commits a contempt in the face or in the hearing of the court; or\n(c) commits any other contempt of court.\nExamples—par (b)\n1 insulting a magistrate, the registrar, deputy registrar, bailiff or other court\nofficer during the officer’s sitting or attendance in court\n2 interrupting a proceeding of the court or misbehaving in court\n3 obstructing or assaulting someone in attendance in court\n4 disobeying a direction of the court at the hearing of a proceeding\n(2) The Magistrates Court has the same power to deal with contempt of\nthe Magistrates Court as the Supreme Court has to deal with contempt\nof the Supreme Court.\n(3) However, a contempt mentioned in subsection (1) (a) may be dealt\nwith as a contempt of court only if there is no other effective way to\nenforce the order or undertaking.\n(4) To remove any doubt, this section does not limit the Supreme Court’s\npower to deal with contempt of the Magistrates Court.\n","sortOrder":262},{"sectionNumber":"308","sectionType":"section","heading":"Magistrates Court’s seal","content":"308 Magistrates Court’s seal\nThe Magistrates Court must have a seal.\n\n","sortOrder":263},{"sectionNumber":"309","sectionType":"section","heading":"Directions about procedure","content":"309 Directions about procedure\nIf the procedure for taking a step in a proceeding is not set out in this\nAct or the law under which the step is to be taken, the court may give\na direction in relation to—\n(a) the procedure to be followed in relation to the step; and\n(b) any other relevant matter in relation to the step.\nNote The Childrens Court and the Magistrates Court may make procedures to\nbe followed in relation to circle sentencing for certain Aboriginal or\nTorres Strait Islander offenders (see s 291GB and s 291N).\n","sortOrder":264},{"sectionNumber":"310","sectionType":"section","heading":"Hearings generally to be in public","content":"310 Hearings generally to be in public\n(1) The hearing of a proceeding before the Magistrates Court must be in\npublic.\n(2) However, if the magistrate presiding at a hearing is of the opinion that\nit is desirable in the public interest or in the interests of justice to do\nso, the magistrate may, by order—\n(a) direct that the hearing or part of the hearing take place in private\nand give directions about the people who may be present; and\n(b) give directions prohibiting or restricting the publication of\nevidence given at the hearing, whether in public or in private, or\nof matters contained in documents lodged with the court or\nreceived in evidence by the court for the purposes of the\n(c) give directions prohibiting or restricting the disclosure to some\nor all of the parties to the proceeding of evidence given at the\nhearing, or of a matter contained in a document lodged with the\ncourt or received in evidence by the court for the purposes of the\n\n(3) A person who, without reasonable excuse, contravenes an order under\nsubsection (2) commits an offence.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\n(4) Subsection (1)—\n(a) does not apply in relation to a civil matter that, under another\nterritory law, may be dealt with otherwise than in open court;\nand\n(b) is subject to any other territory law that restricts who may be\npresent at a hearing.\n","sortOrder":265},{"sectionNumber":"311","sectionType":"section","heading":"Appearance by audiovisual or audio links etc","content":"311 Appearance by audiovisual or audio links etc\n(1) This section applies if, in relation to a proceeding or a part of a\nproceeding (the relevant proceeding), the court has—\n(a) given a direction under the Evidence (Miscellaneous Provisions)\nAct 1991, section 20 (1) (Territory courts may take evidence and\nsubmissions from participating States) or section 32 (1)\n(Territory courts may take evidence and submissions from\nanother place); or\n(b) made an order under the Court Procedures Rules 2006,\nrule 6703 (Evidence by telephone etc) about receiving evidence\nor submissions by telephone, video link or another form of\ncommunication in the proceeding.\n(2) If this section applies, a person who, in a relevant proceeding—\n(a) is required or entitled to appear personally, whether as a party or\nas a witness; or\n(b) is entitled to appear for another person;\nmay appear in the relevant proceeding and participate or give\nevidence in accordance with the direction or order.\n\n(3) A person who appears in a relevant proceeding in accordance with\nthis section is taken to be before the court.\n(4) In this Act:\nappearance, in relation to a proceeding and whether by a party or\nanyone else, includes appearance in accordance with this section if\nthis section applies.\nproceeding does not include a proceeding about bail.\n","sortOrder":266},{"sectionNumber":"312","sectionType":"section","heading":"Failure to give evidence—committal","content":"312 Failure to give evidence—committal\n(1) This section applies if the court is satisfied—\n(a) that a witness before the court has contravened any of the\nfollowing provisions of the Criminal Code (the relevant Code\nprovisions):\n(i) section 720 (Failing to produce document or other thing);\n(ii) section 721 (Failing to take oath);\n(iii) section 722 (Failing to answer question or give\ninformation); or\n(b) a person has contravened any of the relevant Code provisions in\nrelation to an examination before the registrar under the rules.\n(a) adjourn the proceeding for not longer than 8 days; and\n(b) order that the person be remanded in custody until the earlier of\nthe following:\n(i) the date to which the proceeding is adjourned;\n\n(ii) the person agrees to comply with the relevant Code\nprovisions.\nNote The court must issue a warrant for the remand of the person in the\n(3) If—\n(a) the court has adjourned the proceeding, and ordered the person’s\nremand, under subsection (2) or this subsection; and\n(b) the person is later brought before the court; and\n(c) the person does not consent to comply with the relevant Code\nprovisions;\nthe court may exercise the powers mentioned in subsection (2) in\nrelation to the person.\n(4) The periods for which a person is remanded under this section must\nnot total more than 28 days.\n(5) However, the court must not commit a person under subsection (2) or\n(3) if the person is punished for an offence against any or the relevant\nCode provisions in relation to the contravention mentioned in\nsubsection (1).\n","sortOrder":267},{"sectionNumber":"314","sectionType":"section","heading":"Registrar to give directions for preparation of transcript","content":"314 Registrar to give directions for preparation of transcript\n(1) If an application has been made for a copy of a transcript of\ndepositions of which a record was made in accordance with\nsection 316 (2), the registrar must give the directions the registrar\nconsiders necessary for ensuring that a transcript of the record is\nprepared and, for the purpose of enabling the transcript to be\nprepared, the record must be produced out of the custody of the\nregistrar.\n\n(2) If a transcript of a record is prepared in accordance with directions\ngiven under subsection (1), the person who prepared the transcript, or\nunder whose supervision the transcript was prepared, must certify on\nthe transcript, by signed writing, that the transcript is a true transcript\nof a record produced out of the custody of the registrar.\n","sortOrder":268},{"sectionNumber":"315","sectionType":"section","heading":"Applications for transcripts","content":"315 Applications for transcripts\n(1) Subject to this section, if a record of any proceeding is constituted\nby—\n(a) an audiovisual or a sound recording made in accordance with\nsection 316 (2); or\n(b) a shorthand or similar record made in accordance with\nsection 316 (2); or\n(c) writing taken down in accordance with section 316 (3); or\n(d) a written statement or statements in accordance with\nsection 90AA or section 110 (2);\na person may make application to the registrar for a copy or a\ntranscript of all or part of the record.\n(2) The registrar must give the applicant a copy of the record or a\ntranscript or a copy of the transcript of the record if—\n(a) the applicant is a party to the proceeding; or\n(b) for an applicant who is not a party to the proceeding—the\nregistrar or a magistrate is satisfied that the applicant has good\nreason for applying.\n(3) If a person applies for a transcript that has not been prepared, the\nregistrar may require the applicant to deposit with the registrar in\nadvance an amount that the registrar considers will not exceed the\namount of the fee determined under the Court Procedures Act 2004,\npart 3 for the preparation of the transcript.\n\n(4) Subject to subsections (5) and (6), if the registrar receives an\napplication in accordance with this section—\n(a) the registrar must, for an application relating to depositions; and\n(b) the registrar may, in any other case;\ngive to the applicant a copy of the record or a copy of a transcript of\nthe record relating to the depositions or other matter.\n(5) The registrar must not give a copy of the record or a copy of a\ntranscript under subsection (4) (a) unless there is written on the copy\na certificate signed by the registrar stating that the copy is a true copy\nof the record or a true copy of a transcript of the record produced out\nof the custody of the registrar.\n(6) This section does not require the registrar to give a copy of a transcript\nof any proceeding if—\n(a) the proceeding was recorded by means of an audiovisual or a\nsound recording made in accordance with section 316 (2); and\n(b) the application for the copy was made after the end of 7 years\nafter the date of completion of the proceeding to which the\nrecord relates; and\n(c) the registrar does not have the record or a transcript of the record\nin his or her custody.\n(7) If an amount deposited by a person under subsection (3) exceeds the\nfee determined under the Court Procedures Act 2004, part 3 for the\npreparation of the transcript, there is payable to the person the amount\nof the excess.\n","sortOrder":269},{"sectionNumber":"316","sectionType":"section","heading":"Record of proceedings","content":"316 Record of proceedings\n(1) In this section:\ndeposition includes a statement made by an accused person in reply\nto the question mentioned in section 91 (1), but does not include a\nwritten statement admitted under section 90AA or section 110 (2).\n\n(2) Subject to subsection (3), a record of the depositions of a witness in\nany proceeding must be made—\n(a) in a proceeding in relation to bail and if, in relation to proceeding\nor a part of the proceeding, the court has given a direction under\nthe Evidence (Miscellaneous Provisions) Act 1991,\nsection 20 (1) (Territory courts may take evidence and\nsubmissions from participating States) or section 32 (1)\n(Territory courts may take evidence and submissions from\nanother place) that evidence be taken or a submission be made\nby audiovisual link—by means of audiovisual recording\napparatus or sound-recording apparatus; and\n(b) in any other case—\n(i) by means of sound-recording apparatus; or\n(ii) if the court so directs, by means of shorthand or any similar\nmeans.\n(3) If the court so directs, the depositions of a witness in any proceeding\nmust not be recorded in accordance with subsection (2), but must be\ntaken down in writing, and, after being read over to the witness or\ngiven to the witness to read, signed by the witness and the magistrate\nconstituting the court.\n(4) The registrar has the custody of any record of depositions made in\naccordance with subsection (2).\n(5) The registrar may erase the record of the depositions of a witness\nrecorded by means of recording apparatus and the record of any other\npart of a proceeding made by means of recording apparatus after the\nend of 7 years after the date of completion of the proceeding in which\nthe record was made.\n\n(6) However, the sound recording of any part of the following\nproceedings must not be erased unless a transcript of the record of\nthat part of the proceeding has been prepared:\n(a) a proceeding in which a person charged with an indictable\noffence is committed to trial before the Supreme Court;\n(b) a proceeding in which evidence is taken under a request\nmentioned in section 263 (Requests under conventions relating\nto legal proceedings in civil and commercial matters).\n(7) This section applies in relation to a proceeding before a magistrate as\nif a reference to the court were a reference to a magistrate.\n","sortOrder":270},{"sectionNumber":"317","sectionType":"section","heading":"Record of proceedings and transcript","content":"317 Record of proceedings and transcript\n(1) If a record made by means of recording apparatus, shorthand or\nsimilar means is produced out of the custody of the registrar and the\nrecord purports to be a record made in accordance with\nsection 316 (2) of the depositions of a witness in any proceeding, the\nrecord is evidence that the person made the depositions in the\n(a) a recording is produced out of the custody of the registrar; and\n(b) the recording contains a record of comments that purport—\n(i) to have been made at the same time as a recording made in\naccordance with section 316 (2) of the depositions of a\nperson in any proceeding; and\n(ii) to have been made for the purpose of identifying the\nproceeding, voices recorded on the lastmentioned\nrecording or anything else so recorded;\nthe firstmentioned recording is evidence of the identity of the\nproceeding, of the voices or of the thing.\n\n(3) If—\n(a) a document purports to be a transcript, or a copy of a transcript,\nof a record made in accordance with section 316 (2) of\ndepositions made by a person in any proceeding; and\n(b) the document bears a certificate that purports to be a certificate\ngiven in accordance with section 314 (2) or section 315 (5);\nthe document is evidence that the person made the depositions in the\n(4) If a document—\n(a) purports to be the depositions of a witness in any proceeding as\ntaken down in writing and signed in accordance with\nsection 316 (3); or\n(b) purports to be a copy of the depositions of a witness in any\nproceeding as so taken down in writing and signed and bears a\ncertificate that purports to be a certificate given in accordance\nwith section 315 (5);\nthe document is evidence that the witness made the depositions in the\nrecording apparatus means the recording apparatus, whether\naudiovisual or sound, by means of which a record of depositions of\nwitnesses has been made under section 316 (2).\n\n","sortOrder":271},{"sectionNumber":"318","sectionType":"section","heading":"Person about to leave ACT may be ordered to be","content":"318 Person about to leave ACT may be ordered to be\nexamined or produce documents\n(1) If, by evidence on oath, a magistrate is satisfied that any person is\nable to give material evidence or to produce relevant or material\ndocuments relating to any information or claim pending before a\ncourt, and that the person is likely to be absent from the ACT when\nthe case comes on for hearing, the magistrate may, on the application\nof any party, order that the evidence of the person be taken or the\ndocuments be produced before the magistrate, at any time before the\nhearing, in the same way as the evidence would be taken or the\ndocuments be produced at the hearing and after reasonable notice of\nthe intended examination or production is given to the other party.\n(2) If an order under subsection (1) is served on a person, it must be\naccompanied by a form to be completed by the person to claim his or\nher reasonable costs and expenses of attending the examination or\nproduction.\n(3) A person is not entitled to refuse to comply with an order under\nsubsection (1) because the person was not given the form mentioned\nin subsection (2) when the order was served on the person.\n(4) The taking of depositions before a magistrate under subsection (1) is\na proceeding for section 316 (Recordings of proceedings).\n","sortOrder":272},{"sectionNumber":"319","sectionType":"section","heading":"Witnesses’ rights and liabilities","content":"319 Witnesses’ rights and liabilities\nOn service on any person of an order made under section 318, the\nperson must attend at the time and place appointed by the order, and\nhas all the rights and liabilities that the person would have if the\nperson was duly required by subpoena to appear to give evidence or\nto produce documents on the hearing.\n\n","sortOrder":273},{"sectionNumber":"320","sectionType":"section","heading":"Depositions to be given to registrar","content":"320 Depositions to be given to registrar\n(1) If depositions are taken before a magistrate under section 318, there\nmust be given to the registrar—\n(a) the record of the depositions made in accordance with\nsection 316 (2) or the document containing the depositions as\ntaken down in writing and signed in accordance with\nsection 316 (3); and\n(b) any documents produced to the magistrate.\n(2) If documents are produced by a person not giving evidence, the\ndocuments, must, when given to the registrar, be accompanied by a\ncertificate signed by the magistrate stating the name of the person\nproducing them.\n(3) If the court is satisfied that the person who made the depositions is\nnot in the ACT, his or her depositions may be read by any party.\n(4) Any documents so given to the registrar may, subject to all just\nexceptions, be put in at the hearing as if produced at the hearing by\nthe person producing them.\n","sortOrder":274},{"sectionNumber":"320A","sectionType":"section","heading":"Family violence offence information","content":"320A Family violence offence information\n(1) The Minister may determine what statistical information in relation\nto family violence offences (the family violence offence\ninformation) must be collected by the registrar.\n(2) The registrar must give the family violence offence information for a\nfinancial year to the victims of crime commissioner by 31 July in the\nfollowing financial year.\n(3) The registrar must also give the commissioner family violence\noffence information otherwise requested, in writing, by the\ncommissioner.\n(4) A determination is a notifiable instrument.\n\n","sortOrder":275},{"sectionNumber":"321","sectionType":"section","heading":"Regulation-making power","content":"321 Regulation-making power\nThe Executive may make regulations for this Act.\n\nTransitional—Crimes (Disclosure) Legislation Amendment Act 2024 Chapter 15\n","sortOrder":276},{"sectionNumber":"Part 15","sectionType":"part","heading":"Transitional—Crimes","content":"Chapter 15 Transitional—Crimes\n(Disclosure) Legislation\nAmendment Act 2024\n","sortOrder":277},{"sectionNumber":"476","sectionType":"section","heading":"Meaning of commencement day—ch 15","content":"476 Meaning of commencement day—ch 15\ncommencement day means the day the Crimes (Disclosure)\nLegislation Amendment Act 2024, section 17 commences.\n","sortOrder":278},{"sectionNumber":"477","sectionType":"section","heading":"Committal proceedings—person charged before","content":"477 Committal proceedings—person charged before\ncommencement day\n(a) a person was charged with an indictable offence (an accused\nperson) before the commencement day; and\n(b) a committal hearing is to be held in relation to the charge.\n(2) Section 90 and section 90AA (1), as in force immediately before the\ncommencement day, continue to apply in relation to the accused\n(3) Sections 90AAA to 90AAD do not apply in relation to the accused\n","sortOrder":279},{"sectionNumber":"478","sectionType":"section","heading":"Expiry—ch 15","content":"478 Expiry—ch 15\nThis chapter expires 2 years after the commencement day.\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n\n","sortOrder":280},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Oath and affirmation of office","content":"Schedule 1 Oath and affirmation of office\nSchedule 1 Oath and affirmation of office\n(see s 10P)\nOath\nI, [name], do swear that I will well and truly serve in the office of\nand that I will do right to all manner of people according to law, without fear or\nfavour, affection or ill will. So help me God!\nAffirmation\nI, [name], do solemnly and sincerely affirm and declare that I will well and\ntruly serve in the office of and that I will do right to all\nmanner of people, according to law, without fear or favour, affection or ill will.\n\nACT and corresponding courts Schedule 2\n","sortOrder":281},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"ACT and corresponding courts","content":"Schedule 2 ACT and corresponding courts\n(see s 9C, defs ACT court and corresponding court)\ncolumn 1\nitem\ncolumn 2\nACT court\ncolumn 3\ncorresponding court\n1 Childrens Court\nCoroner’s Court\nIndustrial Court\nMagistrates Court\nChildren’s Court of Western Australia\nCoroners Court of South Australia\nLocal Court of New South Wales\nLocal Court of the Northern Territory\nMagistrates Courts of South Australia,\nTasmania, Victoria and Western Australia\nWarden’s Courts of South Australia and the\nNorthern Territory\nWork Health Court of the Northern Territory\nYouth Court of South Australia (constituted\nby a Magistrate)\nYouth Justice Court of the Northern\nTerritory\n\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, pt 1 defines the following terms:\n• ACAT\n• ACT\n• adult\n• Attorney-General\n• child\n• correctional centre\n• Commonwealth\n• Criminal Code\n• director-general (see s 163)\n• director of public prosecutions\n• disallowable instrument (see s 9)\n• document\n• Executive\n• exercise, a function\n• external territory\n• fail\n• file\n• function\n• home address\n• individual\n• in relation to\n• instrument (see s 14)\n• judge\n• lawyer\n• may (see s 146)\n• month\n• must\n\n• notifiable instrument (see s 10)\n• NSW correctional centre\n• oath\n• parent\n• penalty unit (see s 133)\n• police officer\n• prescribed\n• proceeding\n• sign\n• summary offence (see s 190)\n• territory law\n• under.\nAboriginal or Torres Strait Islander offender means an offender\nwho—\n(a) is a descendant of an Aboriginal or Torres Strait Islander person;\nand\n(b) identifies as an Aboriginal or Torres Strait Islander person; and\n(c) is accepted as an Aboriginal or Torres Strait Islander person by\nan Aboriginal or Torres Strait Islander community.\nACT court, for division 2.2.3A (Judicial officers exchange)—see\nadministering authority, for an infringement notice offence, for\npart 3.8 (Infringement notices for certain offences)—see section 117.\nanother jurisdiction, for part 3.8 (Infringement notices for certain\nappeal, for part 4.5 (Civil appeals)—see section 272.\nappearance—see section 311 (4).\napproved community work or social development program, for\npart 3.8 (Infringement notices for certain offences)—see section 117.\n\nauthorised person—\n(a) for division 3.3.3A (Court attendance notices)—see\nsection 41A; and\n(b) for part 3.8 (Infringement notices for certain offences)—see\nsection 134A (3).\nback-up offence, in relation to an indictable offence––see the\nSupreme Court Act 1933, section 68CA.\nbailiff means a bailiff under this Act.\ncertified copy, of depositions, for division 3.5.6 (Indictable\noffences—other provisions)—see section 105A.\ncircle sentencing means the step in a sentencing proceeding for an\nAboriginal or Torres Strait Islander offender that includes members\nof the Aboriginal or Torres Strait Islander community.\ncivil remedy provision, for part 4.2A (Fair work claims)—see\nclaim means a claim under the rules.\ncombined fair work matter—see the ACT Civil and Administrative\nTribunal Act 2008, see section 82A (2).\ncommittal order—see the Crimes (Sentence Administration)\nAct 2005, section 10.\nconviction—\n(a) means conviction by a magistrate for an offence; and\n(b) for division 3.9.3 (Reciprocal enforcement of fines against\ncorresponding court, for division 2.2.3A (Judicial officers\nexchange)—see section 9C.\ncourt means the Magistrates Court.\n\ncourt, for division 2.2.3A (Judicial officers exchange)—see\ncourt attendance notice, for division 3.3.3A (Court attendance\nnotices)—see section 41B.\nCrimes Act, for chapter 3 (Criminal proceedings)—see section 18A.\ndate of service, of an infringement notice or reminder notice that has\nbeen, or is to be, served on a person, for part 3.8 (Infringement notices\nfor certain offences)—see section 117.\ndecision, for chapter 3 (Criminal proceedings)—see section 18A.\ndefendant—\n(a) for chapter 3 (Criminal proceedings)—see section 18A; and\n(b) for part 3.7 (Service and pleading by post for certain offences)—\nsee section 116A (1).\ndriver, of a vehicle, for part 3.8 (Infringement notices for certain\neligible State or Territory court, for part 4.2A (Fair work claims)—\nsee section 266E.\nfair work claim, for part 4.2A (Fair work claims)—see section 266E.\nfair work general claim, for part 4.2A (Fair work claims)—see\nfair work small claim, for part 4.2A (Fair work claims)—see\nfamily violence offence—see the Family Violence Act 2016,\nfine, for division 3.9.3 (Reciprocal enforcement of fines against\nhearing includes the examination of a person charged with an\nindictable offence.\n\nillegal user declaration, for part 3.8 (Infringement notices for certain\noffences)—see section 131D.\nindictable offence means an offence that may be prosecuted before\nthe Supreme Court by charge or indictment.\nindictment means an information for an indictable offence presented\nby an authorised officer to a court with jurisdiction to try the accused\nindustrial or work safety matter, for chapter 4D (The Industrial\nCourt)—see section 291Q (1).\nindustrial or work safety offence, for chapter 4D (The Industrial\nCourt)—see section 291O.\ninformation includes a complaint brought to enforce a criminal\npenalty or forfeiture under a territory law.\ninfringement notice—\n(a) for part 3.8 (Infringement notices for certain offences)—see\nsection 117; and\n(b) for division 3.8.3 (Additional provisions for vehicle-related\noffences)—see section 131A.\ninfringement notice management plan, for part 3.8 (Infringement\nnotices for certain offences)—see section 131AA.\ninfringement notice offence, for part 3.8 (Infringement notices for\ncertain offences)—see section 117.\ninfringement notice penalty, for a person for an infringement notice\noffence, for part 3.8 (Infringement notices for certain offences)—see\nsection 117.\njudicial exchange arrangement, for division 2.2.3A (Judicial\nofficers exchange)—see section 9C.\njudicial officer, for division 2.2.3A (Judicial officers exchange)—see\n\nknown offender declaration, for part 3.8 (Infringement notices for\ncertain offences)—see section 131E.\nlaw in force in the ACT, for part 3.7 (Service and pleading by post\nfor certain offences)—see section 116A (1).\nmagistrate—\n(a) means the Chief Magistrate, a magistrate, or a special magistrate\nand, if a function of a magistrate is exercisable by a registrar,\nincludes a registrar exercising the function; and\n(b) for division 2.2.1 (Magistrates other than special magistrates)—\nsee section 6.\nnotice of intention to defend form, for part 3.7 (Service and pleading\nby post for certain offences) (other than section 116B (2))—see\nnotice to defendant form, for part 3.7 (Service and pleading by post\nfor certain offences) (other than section 116B (2))—see\nofficial, of an industrial association, for part 4.2A (Fair work\nclaims)—see section 266E.\nparticipating jurisdiction, for division 2.2.3A (Judicial officers\nexchange)—see section 9C.\nplea of guilty form, for part 3.7 (Service and pleading by post for\ncertain offences) (other than section 116B (2))—see\nprescribed offence, for part 3.7 (Service and pleading by post for\ncertain offences)—see section 116AA.\nprescribed period, for division 3.4.2 (Warrants for witnesses)—see\nsection 62.\nreciprocating court, for division 3.9.3 (Reciprocal enforcement of\nfines against bodies corporate)—see section 166A.\n\nreference appeal, for division 3.10.2A (Reference appeals in criminal\nmatters)—see section 219AB (2).\nregistered, for a vehicle, for part 3.8 (Infringement notices for certain\nregistrar means the registrar of the Magistrates Court, and includes a\ndeputy registrar of the court.\nrelated offence, in relation to an indictable offence––see the Supreme\nCourt Act 1933, section 68CA.\nrelevant circumstances, of a person, for part 3.8 (Infringement\nnotices for certain offences)—see section 117.\nrelevant officer, in relation to a reciprocating court, for division 3.9.3\n(Reciprocal enforcement of fines against bodies corporate)—see\nsection 166A.\nreminder notice, for part 3.8 (Infringement notices for certain\nreporting officer, for division 3.4.2 (Warrants for witnesses)—see\nsection 62.\nresponsible director-general, for part 3.8 (Infringement notices for\ncertain offences)—see section 117.\nresponsible person, for a vehicle, for part 3.8 (Infringement notices\nfor certain offences)—see the Road Transport (General) Act 1999,\nsection 10 and section 11.\nreview appeal, for division 3.10.3 (Review appeals in criminal\nmatters)—see section 219B (1).\nrules means rules under the Court Procedures Act 2004 applying in\nrelation to the Magistrates Court.\nsecurity—for part 3.12 (Securities in criminal matters)—see\nsection 248.\nsold vehicle declaration, for part 3.8 (Infringement notices for certain\noffences)—see section 131F.\n\nState, for division 3.9.3 (Reciprocal enforcement of fines against\nsummary conviction means conviction by a magistrate for an\nterritory fine, for division 3.9.3 (Reciprocal enforcement of fines\nagainst bodies corporate)—see section 166A.\nthis jurisdiction, for division 2.2.3A (Judicial officers exchange)—\nsee section 9C.\nunknown offender declaration, for part 3.8 (Infringement notices for\ncertain offences)—see section 131G.\nvehicle, for part 3.8 (Infringement notices for certain offences)—see\nthe Road Transport (Vehicle Registration) Act 1999, dictionary.\nvehicle-related offence, for part 3.8 (Infringement notices for certain\nwarrant, for division 3.4.2 (Warrants for witnesses)—see section 62.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nThis Act was originally a Commonwealth ordinance—the Court of Petty Sessions\nOrdinance (No 2) 1930 No 21 (Cwlth). It was renamed as the Magistrates Court\nOrdinance 1930 by the Magistrates Court Ordinance 1985 No 67 (s 3).\nThe ACT Self-Government (Consequential Provisions) Act 1988 No 109 (Cwlth),\ns 12 converted some former Commonwealth ordinances in force in the ACT into\nACT enactments. This allowed the ACT Legislative Assembly to amend and repeal\nthe laws. This Act was converted into an ACT enactment on 1 July 1990.\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21,\ns 5 on its conversion to an ACT enactment on 1 July 1990.\nBefore 11 May 1989, ordinances commenced on their notification day unless\notherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).\nAfter 11 May 1989 and before 10 November 1999, Acts commenced on their\nnotification day unless otherwise stated (see Australian Capital Territory\n(Self-Government) Act 1988 (Cwlth) s 25).\nLegislation before becoming Territory enactment\nMagistrates Court Act 1930 A1930-21\nnotified 21 November 1930\ncommenced 21 November 1930\nCourt of Petty Sessions Ordinance 1932 Ord1932-21\nnotified 17 November 1932\ncommenced 17 November 1932\nCourt of Petty Sessions Ordinance 1934 Ord1934-17\nnotified 19 July 1934\ncommenced 19 July 1934\nMoney Lenders Ordinance 1936 Ord1936-13\nnotified 9 April 1936\ncommenced 1 May 1936\nCourt of Petty Sessions Ordinance 1937 Ord1937-5\nnotified 27 May 1937\ncommenced 27 May 1937\n\nCourt of Petty Sessions Ordinance (No 2) 1937 Ord1937-28\nnotified 23 December 1937\ncommenced 23 December 1937\nSeat of Government (Designation) Ordinance 1938 Ord1938-25 (as\nam by Ord1938-35)\nnotified 8 September 1938\ncommenced 8 September 1938\nOrdinances Revision Ordinance 1938 Ord1938-35\nnotified 15 December 1938\ncommenced 15 December 1938\nCourt of Petty Sessions Ordinance 1940 Ord1940-20\nnotified 7 November 1940\ncommenced 7 November 1940\nCourt of Petty Sessions Ordinance (No 2) 1940 Ord1940-22\nnotified 12 December 1940\ncommenced 12 December 1940\nCourt of Petty Sessions Ordinance 1949 Ord1949-13\nnotified 1 December 1949\ncommenced 1 December 1949\nCourt of Petty Sessions Ordinance 1951 Ord1951-7\nnotified 26 July 1951\ncommenced 26 July 1951\nCourt of Petty Sessions Ordinance (No 2) 1951 Ord1951-12\nnotified 14 December 1951\ncommenced 14 December 1951\nCourt of Petty Sessions Ordinance 1953 Ord1953-14\nnotified 12 November 1953\ncommenced 3 December 1953\nCourt of Petty Sessions Ordinance 1958 Ord1958-12\nnotified 24 July 1958\ncommenced 24 July 1958\n\nCourt of Petty Sessions Ordinance 1961 Ord1961-2\nnotified 29 March 1961\ncommenced 29 March 1961\nCourt of Petty Sessions Ordinance 1966 Ord1966-2\nnotified 10 February 1966\ncommenced 14 February 1966\nCourt of Petty Sessions Ordinance 1967 Ord1967-1\nnotified 9 February 1967\ncommenced 9 February 1967\nCourt of Petty Sessions Ordinance 1968 Ord1968-25\nnotified 19 December 1968\ncommenced 1 January 1969 (Cwlth Gaz 1968 p 7565)\nCourt of Petty Sessions Ordinance 1969 Ord1969-12\nnotified 20 June 1969\ncommenced 20 June 1969\nCourt of Petty Sessions Ordinance 1970 Ord1970-15\nnotified 19 March 1970\ncommenced 19 March 1970\nCourt of Petty Sessions Ordinance 1972 Ord1972-37\nnotified 16 November 1972\ns 1, s 2, s 6, s 14, commenced 16 November 1972\nremainder commenced 1 February 1973 (Cwlth Gaz 1972 No 118)\nCourt of Petty Sessions Ordinance 1973 Ord1973-48\nnotified 17 December 1973\ncommenced 17 December 1973\nCourt of Petty Sessions Ordinance 1974 Ord1974-14\nnotified 17 April 1974\ncommenced 17 April 1974\nOrdinances Revision (Age of Majority) Ordinance 1974 Ord1974-47\nnotified 24 October 1974\ncommenced 1 November 1974\n\nCourt of Petty Sessions (Amendment) Ordinance 1976 Ord1976-42\nnotified 13 September 1976\ncommenced 13 September 1976\nCourt of Petty Sessions (Amendment) Ordinance 1977 Ord1977-4\nnotified 24 March 1977\nss 1-3, 10 commenced 24 March 1977\nremainder commenced 28 March 1977 (Cwlth Gaz 1977 No S52)\nCourt of Petty Sessions (Amendment) Ordinance (No 2) 1977\nOrd1977-34\nnotified 28 July 1977\ncommenced 28 July 1977\nCourt of Petty Sessions (Amendment) Ordinance (No 3) 1977\nOrd1977-56\nnotified 6 October 1977\nceased to have effect because not tabled\nCourt of Petty Sessions (Amendment) Ordinance (No 4) 1977\nOrd1977-61\nnotified 21 November 1977\ncommenced 21 November 1977\nOrdinances Revision Ordinance 1978 Ord1978-46\nnotified 28 December 1978\ncommenced 28 December 1978\nCourt of Petty Sessions (Amendment) Ordinance 1979 Ord1979-33\nnotified 14 November 1979\ncommenced 14 November 1979\nCourt of Petty Sessions (Amendment) Ordinance (No 2) 1979\nOrd1979-41\nnotified 18 December 1979\ncommenced 18 December 1979\nCourt of Petty Sessions (Amendment) Ordinance 1980 Ord1980-4\nnotified 20 March 1980\ncommenced 1 April 1980 (Cwlth Gaz 1980 No S66)\n\nCourt of Petty Sessions (Amendment) Ordinance (No 2) 1980\nOrd1980-10\nnotified 26 March 1980\ncommenced 26 March 1980\nCourt of Petty Sessions (Amendment) Ordinance 1982 Ord1982-2\nnotified 26 February 1982\ncommenced 1 September 1982 (Cwlth Gaz 1982 No S178)\nCourt of Petty Sessions (Amendment) Ordinance (No 2) 1982\nOrd1982-3\nnotified 26 February 1982\ncommenced 26 February 1982\nCourt of Petty Sessions (Amendment) Ordinance 1984 Ord1984-9\nnotified 11 April 1984\ncommenced 11 April 1984\nCourt of Petty Sessions (Amendment) Ordinance (No 2) 1984\nOrd1984-10\nnotified 11 April 1984\ncommenced 11 April 1984\nCourt of Petty Sessions (Amendment) Ordinance (No 3) 1984\nOrd1984-16\nnotified 1 June 1984\ncommenced 1 June 1984\nCourt of Petty Sessions (Amendment) Ordinance (No 4) 1984\nOrd1984-61\nnotified 2 November 1984\ncommenced 2 November 1984\nCourt of Petty Sessions (Amendment) Ordinance (No 5) 1984\nOrd1984-62\nnotified 2 November 1984\ncommenced 2 November 1984\nCourt of Petty Sessions (Amendment) Ordinance 1985 Ord1985-17\nnotified 17 April 1985\ncommenced 17 April 1985\n\nCourt of Petty Sessions (Amendment) Ordinance (No 2) 1985\nOrd1985-18\nnotified 17 April 1985\ncommenced 17 April 1985\nCourt of Petty Sessions (Amendment) Ordinance (No 3) 1985\nOrd1985-41\nnotified 5 September 1985\ncommenced 5 September 1985\nLimitation Ordinance 1985 Ord1985-66\nnotified 19 December 1985\ncommenced 19 December 1985\nMagistrates Court Ordinance 1985 Ord1985-67\nnotified 19 December 1985\ncommenced 1 February 1986 (Cwlth Gaz 1986 No G3)\nMagistrates Court (Amendment) Ordinance 1986 Ord1986-33\nnotified 7 August 1986\ncommenced 7 August 1986\nDomestic Violence (Miscellaneous Amendments) Ordinance 1986\nOrd1986-53\nnotified 4 September 1986\ncommenced 1 October 1986 (Cwlth Gaz 1986 No S484)\nCrimes (Amendment) Ordinance (No 4) 1986 Ord1986-57\nnotified 3 October 1986\ncommenced 3 October 1986\nMagistrates Court (Amendment) Ordinance (No 2) 1986 Ord1986-71\nnotified 30 October 1986\ncommenced 1 April 1987 (Cwlth Gaz 1987 No S52)\nMagistrates Court (Amendment) Ordinance (No 3) 1986 Ord1986-74\nnotified 14 November 1986\ncommenced 14 November 1986\nMagistrates Court (Amendment) Ordinance (No 4) 1986 Ord1986-83\nnotified 22 December 1986\ncommenced 22 December 1986\n\nMagistrates Court (Amendment) Ordinance 1987 Ord1987-56\nnotified 21 October 1987\ncommenced 21 October 1987\nMagistrates Court (Amendment) Ordinance 1988 Ord1988-45\nnotified 27 July 1988\ncommenced 27 July 1988\nMagistrates Court (Amendment) Ordinance 1989 Ord1989-55\nnotified 30 June 1989\ncommenced 1 July 1989\nMagistrates Court (Amendment) Ordinance (No 2) 1989 Ord1989-59\nnotified 25 October 1989\ns 11, s 12, s 14 commenced 27 June 1990 (Cwlth Gaz 1990 No GN25)\nremainder commenced 25 October 1989\nMagistrates Court (Amendment) Ordinance (No 3) 1989 Ord1989-60\nnotified 20 December 1989\ncommenced 14 February 1990 (Cwlth Gaz 1990 No GN5)\nCrimes (Amendment) Ordinance 1990 Ord1990-1\nnotified 23 May 1990\ncommenced 23 May 1990\nSelf-Government (Consequential Amendments) Ordinance 1990\nOrd1990-5\nnotified 27 June 1990\ns 1, s 2 commenced 27 June 1990\nremainder commenced 1 July 1990\nMagistrates Court (Appeals Against Sentence) Ordinance 1990\nOrd1990-9\nnotified 29 June 1990\ncommenced 29 June 1990\nLegislation after becoming Territory enactment\nMagistrates Court (Amendment) Act 1990 A1990-65\nnotified 24 December 1990\ncommenced 24 December 1990\n\nWeapons (Consequential Amendments) Act 1991 A1991-9 sch\nnotified 3 April 1991 (Gaz 1991 No S19)\ns 1, s 2 commenced 3 April 1991 (s 2 (1))\nsch commenced 3 October 1991 (s 2 (2))\nMagistrates Court (Amendment) Act 1991 A1991-38\nnotified 20 September 1991\nss 1-3 commenced 20 September 1991\nremainder commenced 25 September 1991 (Gaz 1991 No S103)\nMagistrates and Coroner’s Courts (Registrar) Act 1991 A1991-44\nnotified 20 September 1991 (Gaz 1991 No S95)\ns 1, s 2 commenced 20 September 1991 (s 2 (1))\nremainder commenced 25 September 1991 (s 2 (2) and Gaz 1991\nNo S103)\nMagistrates Court (Amendment) Act (No 2) 1991 A1991-79\nnotified 11 December 1991\nss 1-3 commenced 11 December 1991\nremainder commenced 11 June 1992\nWorkers’ Compensation (Consequential Amendments) Act 1991\nA1991-106 sch\nnotified 15 January 1991 (Gaz 1992 No S3)\ns 1, s 2 commenced 15 January 1992 (s 2 (1))\nremainder commenced 22 January 1992 (s 2 (2) and Gaz 1992 No S9)\nMagistrates Court (Amendment) Act (No 3) 1991 A1991-112\nnotified 10 January 1992\ns 1, s 2 commenced 10 January 1992\nremainder commenced 18 May 1992 (Gaz 1992 No S57)\nBail (Consequential Amendments) Act 1992 A1992-9\nnotified 28 May 1992 (Gaz 1992 No S59)\ns 1, s 2 commenced 28 May 1992 (s 2 (1))\nremainder commenced 28 November 1992 (s 2 (3))\nStatute Law Revision (Miscellaneous Provisions) Act 1992 A1992-23\nsch 1\nnotified 4 June 1992 (Gaz 1992 No S71)\ncommenced 4 June 1992\n\nProtection Orders (Reciprocal Arrangements) (Consequential\nAmendments) Act 1992 A1992-37 pt 3\nnotified 8 July 1992 (Gaz 1992 No S103)\nss 1-6 and 8-11 commenced 8 July 1992 (s 2 (1))\ns 7, s 12 commenced 3 August 1992 (s 2 (2) and Gaz 1992 No S130)\nEvidence (Amendment) Act 1993 A1993-2\nnotified 1 March 1993\ncommenced 1 March 1993\nMagistrates Court (Amendment) Act 1993 A1993-4\nnotified 1 March 1993\nss 1-3 commenced 1 March 1993\nss 4-19, 21-24, 26-32 commenced 8 March 1993 (Gaz 1993 No 32)\nremainder commenced 1 September 1993\nMagistrates Court (Amendment) Act (No 2) 1993 A1993-48\nnotified 27 August 1993\nss 1-3 commenced 27 August 1993\nremainder commenced 27 September 1993 (s 2 (2) and Gaz 1993\nNo S201)\nSupreme Court (Amendment) Act (No 2) 1993 A1993-91\nnotified 17 December 1993\ncommenced 17 December 1993\nMagistrates Court (Amendment) Act 1994 A1994-4\nnotified 14 March 1994\nss 1-4, s 10, s 12, s 13 commenced 14 March 1994\nremainder commenced 1 July 1994 (s 2 (2))\nJudicial Commissions (Consequential Amendments) Act 1994\nA1994-10\nnotified 14 March 1994 (Gaz 1994 No S44)\ncommenced 14 March 1994 (s 2)\nPublic Sector Management (Consequential and Transitional\nProvisions) Act 1994 A1994-38\nnotified 30 June 1994 (Gaz 1994 No S121)\ns 1, s 2 commenced 30 June 1994 (s 2 (1))\nremainder commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S142)\n\nMental Health (Consequential Provisions) Act 1994 A1994-45\nnotified 7 September 1994 (Gaz 1994 No S177)\ns 1, s 2 commenced 7 September 1994 (s 2 (1))\nremainder commenced 6 February 1995 (s 2 (2) and Gaz 1995\nNo S33)\nMagistrates Court (Enforcement of Judgments) Act 1994 A1994-61\nnotified 11 October 1994\ns 1, s 2 commenced 11 October 1994\nremainder commenced 10 April 1995 (Gaz 1995 No S75)\nCoroners (Amendment) Act (No 2) 1994 A1994-66\nnotified 11 October 1994\ncommenced 11 October 1994\nStatute Law Revision (Penalties) Act 1994 A1994-81 sch\nnotified 29 November 1994 (Gaz 1994 No S253)\ns 1, s 2 commenced 29 November 1994 (s 2 (1))\nremainder commenced 29 November 1994 (s 2 (2) and Gaz 1994\nNo S269)\nMagistrates Court (Amendment) Act 1995 A1995-41\nnotified 7 November 1995\ns 1, s 2 commenced 7 November 1995\nremainder commenced 7 May 1996\nStatute Law Revision Act 1995 A1995-46 sch\nnotified 18 December 1995 (Gaz 1995 No S306)\namdts commenced 18 December 1995 (s 2)\nMagistrates Court (Amendment) Act 1996 A1996-6\nnotified 12 March 1996\nss 1-3 commenced 12 March 1996\ns 7 commenced 25 September 1991\nremainder commenced 12 September 1996\nCriminal Injuries Compensation (Amendment) Act 1996 A1996-68\nnotified 20 December 199\nss 1-3 commenced 20 December 1996\nremainder commenced 1 January 1997 (Gaz 1996 No S352)\n\nFirearms Act 1996 A1996-74\nnotified 20 December 1996\ns 1, s 2 commenced 20 December 1996\nremainder commenced 17 May 1997 (Gaz 1997 No S135)\nMagistrates Court (Amendment) Act (No 2) 1996 A1996-82\nnotified 20 December 1996\nss 1-3 commenced 20 December 1996\nremainder commenced 1 January 1997 (Gaz 1996 No S353)\nMagistrates Court (Amendment) Act 1997 A1997-25\nnotified 29 May 1997\nss 1-3 commenced 29 May 1997\nremainder commenced 30 May 1997 (s 2 (2) and Gaz 1997 No S149)\nRemuneration Tribunal (Consequential Amendments) Act 1997\nA1997-41 sch 1 (as am by A2002-49 amdt 3.222)\nnotified 19 September 1997 (Gaz 1997 No S264)\ncommenced 24 September 1997 (s 2 as am by A2002-49 amdt 3.222)\nMagistrates Court (Civil Jurisdiction) (Amendment) Act 1997\nA1997-94\nnotified 1 December 1997\nss 1-3 commenced 1 December 1997\nremainder commenced 25 May 1998 (Gaz 1998 No S140)\nLegal Practitioners (Consequential Amendments) Act 1997 A1997-96\nsch 1\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nsch 1 commenced 1 June 1998 (s 2 (2))\nMagistrates Court (Amendment) Act 1998 A1998-25\nnotified 10 July 1998\ns 1, s 2 commenced 10 July 1998\nremainder commenced 1 January 1999 (Gaz 1998 No 50)\nMagistrates Court (Amendment) Act (No 2) 1998 A1998-38\nnotified 14 October 1998\nss 1-3 commenced 14 October 1998\nremainder commenced 19 October 1998 (Gaz 1998 No 41)\n\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1998 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\nremainder commenced 9 December 1998 (s 2 (2) and Gaz 1998\nNo 49)\nCustodial Escorts (Consequential Provisions) Act 1998 A1998-67\nnotified 23 December 1998 (Gaz 1998 No S212)\ns 1, s 2 commenced 23 December 1998 (s 2 (1))\nremainder commenced 23 December 1998 (s 2 (2) and Gaz 1998\nNo 51)\nChildren’s Services (Amendment) Act 1999 A1999-12\nnotified 23 March 1999\ncommenced 1 May 1999\nCourts and Tribunals (Audio Visual and Audio Linking) Act 1999\nA1999-22\nnotified 14 April 1999 (Gaz 1999 No S16)\ns 1, s 2 commenced 14 April 1999 (s 2 (1))\nremainder commenced 1 September 1999 (s 2 (2) and Gaz 1999\nNo 35)\nMagistrates Court (Amendment) Act 1999 A1999-34\nnotified 2 July 1999\ncommenced 2 July 1999\nMagistrates Court Amendment Act (No 2) 1999 A1999-59\nnotified 10 November 1999 (Gaz 1999 No 45 and 1999 No 47)\ncommenced 10 November 1999\nChildren’s Services Amendment Act (No 2) 1999 A1999-61\nnotified 10 November 1999\ns 1, s 2 commenced 10 November 1999\nremainder commenced 1 December 1999\nChildren and Young People (Consequential Amendments) Act 1999\nA1999-64 sch 2\nnotified 10 November 1999 (Gaz 1999 No 45)\ns 1, s 2 commenced 10 November 1999 (s 2 (1))\nremainder commenced 10 May 2000 (s 2 (2))\n\nLaw Reform (Miscellaneous Provisions) Act 1999 A1999-66 sch 3\nnotified 10 November 1999 (Gaz 1999 No 45)\ncommenced 10 November 1999 (s 2)\nRoad Transport Legislation Amendment Act 1999 A1999-79 sch 3\nnotified 23 December 1999 (Gaz 1999 No S65)\ns 1, s 2 commenced 23 December 1999 (IA s 10B)\nremainder commenced 1 March 2000 (s 2 (2) and Gaz 2000 No S5)\nVictims of Crime (Financial Assistance) (Amendment) Act 1999\nA1999-91 sch 2\nnotified 23 December 1999 (Gaz 1999 No S65)\ns 1, s 2 commenced 23 December 1999 (IA s 10B)\nremainder commenced 24 December (s 2 (2) and Gaz 1999 No S69)\nJustice and Community Safety Legislation Amendment Act 2000\nA2000-1 sch\nnotified 9 March 2000 (Gaz 2000 No 10)\ns 1, s 2 commenced 9 March 2000 (s 2 (1))\namdts commenced 9 September 2000 (s 2 (3))\nJustice and Community Safety Legislation Amendment Act\n2000 (No 3) A2000-17 sch 1\nnotified 1 June 2000 (Gaz 2000 No 22)\ncommenced 1 June 2000 (s 2)\nMagistrates Court Amendment Act 2000 A2000-60\nnotified 5 October 2000 (Gaz 2000 No 40)\ncommenced 5 October 2000 (s 2)\nLeases (Commercial and Retail) Act 2001 A2001-18 s 174\nnotified 19 April 2001 (Gaz 2001 No 16)\ns 1, s 2 commenced 19 April 2001 (IA s 10B)\ns 174 commenced 1 July 2002 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 237\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 237 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\n\nStatute Law Amendment Act 2001 (No 2) 2001 No 56 pt 3.37\nnotified 5 September 2001 (Gaz 2001 No S65)\ncommenced 5 September 2001 (s 2 (1))\nRoad Transport (Public Passenger Services) Act 2001 A2001-62\npt 1.1\ns 1, s 2 commenced 10 September 2001 (IA s 10B)\npt 1.1 commences 1 December 2001 (s 2 and CN 2001 No 2)\nCrimes Legislation Amendment Act 2001 A2001-63 pt 8\ns 1, s 2 commenced 10 September 2001 (IA s 10B)\npt 8 commenced 27 September 2001 (s 2 (2) and CN 2001 No 3)\nCriminal Code 2001 Act No 64 sch 1 (as am by Criminal Code\nAmendment Act 2002 A2002-2 )\nrepealed before commencement by Criminal Code 2002 No 51 s 126\nJustice and Community Safety Legislation Amendment Act 2001\nA2001-70 sch 1\nnotified LR 14 September 2001\namdt commenced 14 September 2001 (s 2 (5))\nFair Trading Legislation Amendment Act 2001 A2001-77 pt 4\nnotified LR 14 September 2001\ns 1, s 2 commenced 14 September 2001 (LA s 75)\npt 4 commenced 14 March 2002 (LA s 79)\nProtection Orders (Consequential Amendments) Act 2001 A2001-90\nsch 1 pt 8\nnotified LR 27 September 2001\ns 1, s 2 commenced 27 September 2001 (LA s 75)\nsch 1 pt 8 commenced 27 March 2002 (s 2 and LA s 79)\n\nCriminal Code Amendment Act 2002 A2002-2 s 4\nnotified LR 7 March 2002\ns 1, s 2 commenced 7 March 2002 (LA s 75)\nremainder commenced 9 March 2002 (s 2)\nNote This Act only amends the Criminal Code 2001 Act No 64.\nThe Criminal Code 2001 was repealed before it commenced\n(see A2002-51 s 126)\nStatute Law Amendment Act 2002 A2002-30 pt 3.46\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\npt 3.46 commenced 17 September 2002 (s 2 (1))\nMagistrates Court (Refund of Fees) Amendment Act 2002 A2002-36\nnotified LR 10 October 2002\ns 1, s 2 commenced 10 October 2002 (LA s 75 (1))\nremainder commenced 11 October 2002 (s 2)\nStatute Law Amendment Act 2002 (No 2) A2002-49 amdt 3.222\nnotified LR 20 December 2002\ns 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))\namdt 3.222 taken to have commenced 24 September 1997 (s 2 (3))\nNote This Act only amends the Remuneration Tribunal\n(Consequential Amendments) Act 1997 A1997-41 .\nJustice and Community Safety Legislation Amendment Act 2003\nA2003-2 pt 14\nnotified LR 3 March 2003\ns 1, s 2 commenced 3 March 2003 (LA s 75 (1))\npt 14 commenced 31 March 2003 (s 2 (2))\nEvidence (Miscellaneous Provisions) Amendment Act 2003 A2003-48\nsch 2 pt 2.8\nnotified LR 31 October 2003\ns 1, s 2 commenced 31 October 2003 (LA s 75 (1))\nsch 2 pt 2.8 commenced 30 April 2004 (s 2 and LA s 79)\nStatute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.14\nnotified LR 5 December 2003\ns 1, s 2 commenced 5 December 2003 (LA s 75 (1))\nsch 3 pt 3.14 commenced 19 December 2003 (s 2)\n\nSexuality Discrimination Legislation Amendment Act 2004 A2004-2\nsch 2 pt 2.6\nnotified LR 18 February 2004\ns 1, s 2 commenced 18 February 2004 (LA s 75 (1))\nsch 2 pt 2.6 commenced 22 March 2004 (s 2 and CN2004-4)\nBail Amendment Act 2004 A2004-14 sch 2 pt 2.2\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.2 commenced 26 June 2004 (s 2 (1))\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 3 pt 3.4\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 3 pt 3.4 commenced 9 April 2004 (s 2 (1))\nStatute Law Amendment Act 2004 A2004-42 sch 1 pt 1.4\nnotified LR 11 August 2004\ns 1, s 2 commenced 11 August 2004 (LA s 75 (1))\namdt 1.10, amdt 1.11 commenced 30 September 2004(s 2 (2) and\nsee Litter Act 2004 A2004-47, s 2 and CN2004-22)\nsch 1 pt 1.4 remainder commenced 25 August 2004 (s 2 (1))\nLitter Act 2004 A2004-47 sch 1\nnotified LR 16 August 2004\ns 1, s 2 commenced 16 August 2004 (LA s 75 (1))\nsch 1 commenced 30 September 2004 (s 2 and CN2004-22)\nCourt Procedures (Consequential Amendments) Act 2004 A2004-60\nsch 1 pt 1.40, pt 1.51 (in part)\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nsch 1 pt 1.40, pt 1.51 commenced 10 January 2005 (s 2 and see Court\nProcedures Act 2004 A2004-59, s 2 and CN2004-29)\nJustice and Community Safety Legislation Amendment Act 2005\nA2005-5 pt 8\nnotified LR 23 February 2005\ns 1, s 2 commenced 23 February 2005 (LA s 75 (1))\npt 8 commenced 24 February 2005 (s 2 (2))\n\nCrimes Amendment Act 2005 A2005-7 pt 4\nnotified LR 23 February 2005\ns 1, s 2 commenced 23 February 2005 (LA s 75 (1))\npt 4 commenced 24 February 2005 (s 2)\nDomestic Violence and Protection Orders Amendment Act 2005\nA2005-13 sch 1 pt 1.12\nnotified LR 24 March 2005\ns 1, s 2 commenced 24 March 2005 (LA s 75 (1))\nsch 1 pt 1.12 commenced 25 March 2005 (s 2)\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.35\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 1 pt 3.35 commenced 2 June 2005 (s 2 (1))\nCriminal Code (Administration of Justice Offences) Amendment\nAct 2005 A2005-53 sch 1 pt 1.20\nnotified LR 26 October 2005\ns 1, s 2 commenced 26 October 2005 (LA s 75 (1))\nsch 1 pt 1.20 commenced 23 November 2005 (s 2)\nJustice and Community Safety Legislation Amendment Act 2005\n(No 4) A2005-60 sch 1 pt 1.19\nnotified LR 1 December 2005\ns 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))\nsch 1 pt 1.19 commenced 22 December 2005 (s 2 (4))\nSentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.27\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nsch 1 pt 1.27 commenced 2 June 2006 (s 2 (1) and see Crimes\n(Sentence Administration) Act 2005 A2005-59 s 2, Crimes\n(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)\n\nJustice and Community Safety Legislation Amendment Act 2006\nA2006-40 sch 2 pt 2.23 (as am by A2006-55 pt 4)\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1))\nsch 2 pt 2.23 commenced 1 January 2007 (s 2 (4))\nCourt Legislation Amendment Act 2006 A2006-55 pt 4, pt 5\nnotified LR 18 December 2006\ns 1, s 2 commenced 18 December 2006 (LA s 75 (1))\npt 4 commenced 1 January 2007 (LA s 79A and A2006-40)\npt 5 commenced 19 December 2006 (s 2)\nHousing Assistance Act 2007 A2007-8 sch 1 pt 1.7\nnotified LR 10 May 2007\ns 1, s 2 commenced 10 May 2007 (LA s 75 (1))\nsch 1 pt 1.7 commenced 10 November 2007 (s 2 and LA s 79)\nCorrections Management Act 2007 A2007-15 sch 1 pt 1.6\nnotified LR 18 June 2007\ns 1, s 2 commenced 18 June 2007 (LA s 75 (1))\nsch 1 pt 1.6 commenced 18 December 2007 (s 2 and LA s 79)\nVictims of Crime Amendment Act 2007 A2007-44 sch 1 pt 1.2\nnotified LR 13 December 2007\ns 1, s 2 commenced 13 December 2007 (LA s 75 (1))\nsch 1 pt 1.2 commenced 20 December 2007 (s 2)\nCrimes Amendment Act 2008 A2008-6 pt 5\nnotified LR 15 April 2008\ns 1, s 2 commenced 15 April 2008 (LA s 75 (1))\npt 5 commenced 16 April 2008 (s 2)\nChildren and Young People Act 2008 A2008-19 sch 1 pt 1.8\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\nsch 1 pt 1.8 commenced 27 February 2009 (s 2 and CN2008-17 (and\nsee CN2008-13))\n\nChildren and Young People (Consequential Amendments) Act 2008\nA2008-20 sch 1 pt 1.5\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\ns 3 commenced 18 July 2008 (s 2 (1))\nsch 1 pt 1.5 commenced 27 February 2009 (s 2 (5) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see\nCN2008-13))\nJustice and Community Safety Legislation Amendment Act 2008\n(No 2) A2008-22 sch 1 pt 1.6\nnotified LR 8 July 2008\ns 1, s 2 commenced 8 July 2008 (LA s 75 (1))\nsch 1 pt 1.6 commenced 29 July 2008 (s 2)\nJustice and Community Safety Legislation Amendment\nAct 2008 (No 3) A2008-29 sch 1 pt 1.10\nnotified LR 13 August 2008\ns 1, s 2 commenced 13 August 2008 (LA s 75 (1))\nsch 1 pt 1.10 commenced 27 August 2008 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 A2008-36 sch 1 pt 1.36\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.36 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.74\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.74 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nSexual and Violent Offences Legislation Amendment Act 2008\nA2008-41 pt 3\nnotified LR 8 September 2008\ns 1, s 2 commenced 8 September 2008 (LA s 75 (1))\npt 3 commenced 30 May 2009 (s 2 and CN2009-3)\n\nCourt Legislation Amendment Act 2008 A2008-42 pt 4\nnotified LR notified LR 8 September 2008\ns 1, s 2 commenced 8 September 2008 (LA s 75 (1))\npt 4 commenced 8 March 2009 (s 2 and LA s 79)\nCrimes Legislation Amendment Act 2008 A2008-44 sch 1 pt 1.11\nnotified LR 9 September 2008\ns 1, s 2 commenced 9 September 2008 (LA s 75 (1))\nsch 1 pt 1.11 commenced 30 May 2009 (s 2 and CN2009-4)\nDomestic Violence and Protection Orders Act 2008 A2008-46 sch 3\npt 3.12\nnotified LR 10 September 2008\ns 1, s 2 commenced 10 September 2008 (LA s 75 (1))\nsch 3 pt 3.12 commenced 30 March 2009 (s 2)\nA2009-7 sch 1 pt 1.8\nnotified LR 5 March 2009\ns 1, s 2 commenced 5 March 2009 (LA s 75 (1))\nsch 1 pt 1.8 commenced 30 May 2009 (s 2 (4) and see Crimes\nLegislation Amendment Act 2008 A2008-44, s 2 and CN2009-4)\nas modified by\nMagistrates Court (Transitional Provisions) Regulation 2009\nSL2009-20\nnotified LR 18 May 2009\ns 1, s 2 commenced 18 May 2009 (LA s 75 (1))\nremainder commenced 30 May 2009 (s 2 and see Crimes Legislation\nAmendment Act 2008 A2008-44, s 2 and CN2009-4)\n(No 2) A2009-19 pt 11\nnotified LR 1 September 2009\ns 1, s 2 commenced 1 September 2009 (LA s 75 (1))\npt 11 commenced 29 September 2009 (s 2)\n\nRoad Transport (Mass, Dimensions and Loading) Act 2009 A2009-22\nsch 1 pt 1.1\nnotified LR 3 September 2009\ns 1, s 2 commenced 3 September 2009 (LA s 75 (1))\nsch 1 pt 1.1 commenced 3 March 2010 (s 2 and LA s 79)\nCrimes Legislation Amendment Act 2009 A2009-24 sch 1 pt 1.9\nnotified LR 3 September 2009\ns 1, s 2 commenced 3 September 2009 (LA s 75 (1))\nsch 1 pt 1.9 commenced 4 September 2009 (s 2)\nCourts (Appointments) Amendment Act 2009 A2009-37 pt 2\nnotified LR 21 October 2009\ns 1, s 2 commenced 21 October 2009 (LA s 75 (1))\npt 2 commenced 22 October 2009 (s 2)\nas modified by\nACT Civil and Administrative Tribunal (Transitional Provisions)\nRegulation 2009 SL2009-2 s 67 (as am by SL2009-51 s 6, s 8,\nA2009-54 amdt 1.3)\nnotified LR 29 January 2009\ns 1, s 2 commenced 29 January 2009 (LA s 75 (1))\ns 67 commenced 2 February 2009 (s 2 and see ACT Civil and\nAdministrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nACT Civil and Administrative Tribunal (Transitional Provisions)\nAmendment Regulation 2009 (No 1) SL2009-51 s 6, s 8\nnotified LR 30 October 2009\ns 1, s 2 commenced 30 October 2009 (LA s 75 (1))\ns 6, s 8 commenced 31 October 2009 (s 2)\nNote This regulation only amends the ACT Civil and Administrative\nTribunal (Transitional Provisions) Regulation 2009 SL2009-2.\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.48\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.48 commenced 17 December 2009 (s 2)\n\n(No 4) A2009-54 sch 1 pt 1.2, sch 1 pt 1.4\nnotified LR 18 December 2009\ns 1, s 2 commenced 18 December 2009 (LA s 75 (1))\nsch 1 pt 1.2, sch 1 pt 1.4 commenced 22 December 2009 (s 2 (2) (a)\nand see Justice and Community Safety Legislation Amendment Act\n2009 (No 3) A2009-44 s 2 (3))\nNote This Act also amends the ACT Civil and Administrative Tribunal\n(Transitional Provisions) Regulation 2009 SL2009-2.\nA2010-13 sch 1 pt 1.4\nnotified LR 31 March 2010\ns 1, s 2 commenced 31 March 2010 (LA s 75 (1))\ns 3 commenced 1 April 2010 (LA s 75AA)\nsch 1 pt 1.4 commenced 28 April 2010 (s 2 (4))\nCrimes (Sentence Administration) Amendment Act 2010 A2010-21\nsch 1 pt 1.6\nnotified LR 30 June 2010\ns 1, s 2 commenced 30 June 2010 (LA s 75 (1))\nsch 1 pt 1.6 commenced 1 July 2010 (s 2)\n(No 2) A2010-30 sch 1 pt 1.15\nnotified LR 31 August 2010\ns 1, s 2 commenced 31 August 2010 (LA s 75 (1))\ns 3 commenced 1 September 2010 (s 2 (1))\nsch 1 pt 1.15 commenced 28 September 2010 (s 2 (2))\n(No 3) A2010-40 sch 2 pt 2.10\nnotified LR 5 October 2010\ns 1, s 2 commenced 5 October 2010 (LA s 75 (1))\ns 3 commenced 6 October 2010 (s 2 (1))\nsch 2 pt 2.10 commenced 2 November 2010 (s 2 (2))\nCourts Legislation Amendment Act 2011 A2011-13 sch 1 pt 1.5\nnotified LR 11 May 2011\ns 1, s 2 commenced 11 May 2011 (LA s 75 (1))\nsch 1 pt 1.5 commenced 25 July 2011 (s 2 and CN2011-8)\n\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.99\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.99 commenced 1 July 2011 (s 2 (1))\nStatute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.26\nnotified LR 31 August 2011\ns 1, s 2 commenced 31 August 2011 (LA s 75 (1))\nsch 3 pt 3.26 commenced 21 September 2011 (s 2 (1))\nLaw Officers Act 2011 A2011-30 sch 1 pt 1.5\nnotified LR 29 August 2011\ns 1, s 2 commenced 29 August 2011 (LA s 75 (1))\nsch 1 pt 1.5 commenced 31 August 2011 (s 2 and CN2011-9)\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.23\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.23 commenced 1 March 2012 (s 2 (1) and see Evidence\nAct 2011 A2011-12, s 2 and CN2012-4)\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.37\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.37 commenced 12 December 2011 (s 2)\nJustice and Community Safety Legislation Amendment Act 2012\nA2012-13 sch 1 pt 1.8\nnotified LR 11 April 2012\ns 1, s 2 commenced 11 April 2012 (LA s 75 (1))\nsch 1 pt 1.8 commenced 12 April 2012 (s 2 (1))\nCrimes Legislation Amendment Act 2013 A2013-12 pt 9\nnotified LR 17 April 2013\ns 1, s 2 commenced 17 April 2013 (LA s 75 (1))\npt 9 commenced 24 April 2013 (s 2)\n\nMagistrates Court (Industrial Proceedings) Amendment Act 2013\nA2013-43\nnotified LR 7 November 2013\ns 1, s 2 commenced 7 November 2013 (LA s 75 (1))\nremainder commenced 8 November 2013 (s 2)\nJustice and Community Safety Legislation Amendment Act 2013\n(No 4) A2013-45 sch 1 pt 1.2\nnotified LR 11 November 2013\ns 1, s 2 commenced 11 November 2013 (LA s 75 (1))\nsch 1 pt 1.2 commenced 12 November 2013 (s 2)\nHeavy Vehicle National Law (Consequential Amendments) Act 2013\nA2013-52 pt 4\nnotified LR 9 December 2013\ns 1, s 2 commenced 9 December 2013 (LA s 75 (1))\npt 4 commenced 10 February 2014 (s 2 and see Heavy Vehicle\nNational Law (ACT) Act 2013 A2013-51, s 2 (1) and CN2014-2)\nCourts Legislation Amendment Act 2014 A2014-1 pt 5\nnotified LR 5 March 2014\ns 1, s 2 commenced 5 March 2014 (LA s 75 (1))\npt 5 commenced 2 April 2014 (s 2)\nCourts Legislation Amendment Act 2015 A2015-10 pt 12\nnotified LR 7 April 2015\ns 1, s 2 commenced 7 April 2015 (LA s 75 (1))\npt 12 commenced 21 April 2015 (s 2 (2))\nCourts Legislation Amendment Act 2015 (No 2) A2015-52 pt 13\nnotified LR 26 November 2015\ns 1, s 2 commenced 26 November 2015 (LA s 75 (1))\npt 13 commenced 10 December 2015 (s 2 (2))\nVictims of Crime (Financial Assistance) Act 2016 A2016-12 sch 3\npt 3.4\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 3 pt 3.4 commenced 1 July 2016 (s 2 (1) (a))\n\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18 sch 3\npt 3.29\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 3 pt 3.29 commenced 27 April 2016 (s 2)\nWorkplace Privacy Amendment Act 2016 A2016-22 s 21\nnotified LR 14 April 2016\ns 1, s 2 commenced 14 April 2016 (LA s 75 (1))\ns 21 commenced 14 October 2016 (s 2 (1) (as am by A2016-37\namdt 1.44) and LA s 79)\nACT Civil and Administrative Tribunal Amendment Act 2016 (No 2)\nA2016-28 sch 1 pt 1.5\nnotified LR 15 June 2016\ns 1, s 2 commenced 15 June 2016 (LA s 75 (1))\nsch 1 pt 1.5 commenced 15 December 2016 (s 2 (2))\nJustice and Community Safety Legislation Amendment Act 2016\nA2016-37 sch 1 pt 1.14, amdt 1.44\nnotified LR 22 June 2016\ns 1, s 2 commenced 22 June 2016 (LA s 75 (1))\nsch 1 pt 1.14, amdt 1.44 commenced 29 June 2016 (s 2)\nNote amdt 1.44 only amends the Workplace Privacy Amendment\nAct 2016 A2016-22\nFamily Violence Act 2016 A2016-42 sch 3 pt 3.15 (as am by A2017-10\ns 7)\nnotified LR 18 August 2016\ns 1, s 2 commenced 18 August 2016 (LA s 75 (1))\nsch 3 pt 3.15 commenced 1 May 2017 (s 2 (2) as am by A2017-10\ns 7)\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.50\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.50 commenced 1 September 2016 (s 2)\n\nFamily and Personal Violence Legislation Amendment Act 2017\nA2017-10 s 7\nnotified LR 6 April 2017\ns 1, s 2 commenced 6 April 2017 (LA s 75 (1))\ns 7 commenced 30 April 2017 (s 2 (1))\nNote This Act only amends the Family Violence Act 2016\nA2016-42.\nCrimes Legislation Amendment Act 2018 A2018-6 pt 5\nnotified LR 1 March 2018\ns 1, s 2 commenced 1 March 2018 (LA s 75 (1))\nss 19-31 commenced 2 March 2018 (s 2 (1))\npt 5 remainder commenced 1 September 2018 (s 2 (2))\nCourts and Other Justice Legislation Amendment Act 2018 A2018-9\npt 13\nnotified LR 29 March 2018\ns 1, s 2 commenced 29 March 2018 (LA s 75 (1))\npt 13 commenced 26 April 2018 (s 2)\nCourts and Other Justice Legislation Amendment Act 2018 (No 2)\nA2018-39 pt 5\nnotified LR 27 September 2018\ns 1, s 2 commenced 27 September 2018 (LA s 75 (1))\npt 5 commenced 13 March 2019 (s 2 and CN2019-5)\nCrimes Legislation Amendment Act 2018 (No 2) A2018-40 pt 8\nnotified LR 7 November 2018\ns 1, s 2 commenced 7 November 2018 (LA s 75 (1))\npt 8 commenced 8 November 2018 (s 2)\nJustice and Community Safety Legislation Amendment Act 2019\nA2019-17 pt 11\nnotified LR 14 June 2019\ns 1, s 2 commenced 14 June 2019 (LA s 75 (1))\npt 11 commenced 21 June 2019 (s 2)\nRoad Transport Legislation Amendment Act 2019 A2019-21 pt 2\nnotified LR 8 August 2019\ns 1, s 2 commenced 8 August 2019 (LA s 75 (1))\npt 2 commenced 19 September 2019 (s 2 (1))\n\nCourts (Fair Work and Work Safety) Legislation Amendment Act 2019\nA2019-32 pt 5\nnotified LR 9 October 2019\ns 1, s 2 commenced 9 October 2019 (LA s 75 (1))\ns 3, s 14 commenced 10 October 2019 (s 2 (1))\npt 5 remainder commenced 9 October 2020 (s 2 (3))\nMagistrates Court (Infringement Notices) Amendment Act 2020\nA2020-5 pt 2 (as am by A2021-33 pt 15)\nnotified LR 27 February 2020\ns 1, s 2 commenced 27 February 2020 (LA s 75 (1))\npt 2 commenced 27 February 2024 (s 2 (2) (as am by A2021-33 pt 15)\nand LA s 79)\nJustice Legislation Amendment Act 2020 A2020-42 pt 22\nnotified LR 27 August 2020\ns 1, s 2 commenced 27 August 2020 (LA s 75 (1))\npt 22 commenced 10 September 2020 (s 2 (1))\nCrimes Legislation Amendment Act 2021 A2021-6 pt 7\nnotified LR 8 April 2021\ns 1, s 2 commenced 8 April 2021 (LA s 75 (1))\npt 7 commenced 9 April 2021 (s 2)\nCourts and Other Justice Legislation Amendment Act 2021 A2021-13\npt 7\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\npt 7 commenced 16 June 2021 (s 2 (3))\nJustice and Community Safety Legislation Amendment Act 2021\n(No 2) A2021-33 pt 15\nnotified LR 10 December 2021\ns 1, s 2 commenced 10 December 2021 (LA s 75 (1))\npt 15 commenced 17 December 2021 (s 2 (1))\nNote This Act only amends the Magistrates Court (Infringement\nNotices) Amendment Act 2020 A2020-5.\n\nDomestic Violence Agencies Amendment Act 2022 A2022-11 sch 1\npt 1.3\nnotified LR 17 June 2022\ns 1, s 2 commenced 17 June 2022 (LA s 75 (1))\nsch 1 pt 1.3 commenced 17 December 2022 (s 2 and LA s 79)\nCrimes Legislation Amendment Act 2023 A2023-33 sch 1 pt 1.3, sch 2\npt 2.6\nnotified LR 6 September 2023\ns 1, s 2 commenced 6 September 2023 (LA s 75 (1))\nsch 1 pt 1.3, sch 2 pt 2.6 commenced 13 September 2023 (s 2)\nCourts Legislation Amendment Act 2023 A2023-37 pt 3\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\npt 3 commenced 30 September 2023 (s 2)\nCrimes Legislation Amendment Act 2024 A2024-12 pt 9\nnotified LR 19 April 2024\ns 1, s 2 commenced 19 April 2024 (LA s 75 (1))\npt 9 commenced 20 April 2024 (s 2 (3) (b))\nCrimes (Disclosure) Legislation Amendment Act 2024 A2024-27 pt 4\nnotified LR 19 June 2024\ns 1, s 2 commenced 19 June 2024 (LA s 75 (1))\npt 4 commenced 19 June 2025 (s 2 (2))\nChildren and Young People Amendment Act 2024 (No 2) A2024-34\nsch 1 pt 1.2\nnotified LR 10 July 2024\ns 1, s 2 commenced 10 July 2024 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 July 2025 (s 2 (2))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.60, sch 4\npt 4.122\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.60, sch 4 pt 4.122 commenced 26 November 2025 (s 2 (3),\n(9))\n\nThe Magistrates Court (Enforcement of Judgments) Act 1994 A1994-61 s 28\namended the Act by reversing the order of masculine and feminine pronouns. The\namendments have been incorporated in the republication but have not been noted\nin the amendment history.\nTitle\ntitle am Ord1985-67\nch 1 hdg ins A2004-60 amdt 1.181\npt 1 hdg om A2004-60 amdt 1.181\nName of Act\ns 1 sub A2003-56 amdt 3.161\ns 2 om Ord1978-46\nins A2004-60 amdt 1.182\nam A2005-20 amdt 3.193\nNotes\ns 3 om A1994-61\nins A2004-60 amdt 1.182\n(2), (3) exp 10 January 2006 (s 3 (3))\nOffences against Act—application of Criminal Code etc\ns 3A ins A2005-53 amdt 1.107\nom A2006-55 s 12\nMagistrates Court and magistrates\nch 2 hdg ins A2004-60 amdt 1.184\nAppointment and jurisdiction of magistrates\npt 2 hdg renum as pt 2.2 hdg\nThe court\npt 2.1 hdg ins A2004-60 amdt 1.184\nConstitution of court\ns 4 orig s 4 am Ord1937-28; Ord1953-14\nsub Ord1958-12\nam Ord1968-25; Ord1972-37\nom Ord1974-14\n(prev s 18) am Ord1940-20; Ord1985-67; Ord1990-5;\nA2001-44 amdt 1.2750; A2004-60 amdt 1.195, amdt 1.196\nreloc by A2004-60 amdt 1.197\nam A2005-20 amdt 3.194; A2006-55 s 13\n\nArrangement of court business\ns 5 am Ord1937-28; Ord1938-35; Ord1951-7; Ord1951-12;\nOrd1953-14; Ord1958-12; Ord1967-1; Ord1968-25;\nOrd1973-48; Ord1976-42; Ord1980-4; Ord1984-62;\nOrd1985-17; Ord1985-41; Ord1985-67; Ord1986-74;\nOrd1989-59; Ord1989-60; Ord1990-5; A1991-38; A1991-44;\nA1992-9; A1993-4; A1993-91; A1994-4; A1996-6; A1996-82;\nA1997-96; A1998-67; A1999-22 s 18; A1999-66 sch 3;\nA1999-79 s 5 sch 3; A2001-44 amdt 1.2748\nom A2004-60 amdt 1.183\nins A2005-20 amdt 3.195\nMagistrate for matter not available\ns 5A ins A2013-45 amdt 1.9\nAppointment and jurisdiction of magistrates\npt 2.2 hdg (prev pt 2 hdg) renum A2004-60 amdt 1.184\nMagistrates other than special magistrates\ndiv 2.2.1 hdg (prev pt 2 div 1 hdg) ins Ord1977-4\nrenum as div 2.1 hdg R8 LA\nsub and renum A2004-60 amdt 1.186\nsub A2005-20 amdt 3.196\nMeaning of magistrate in div 2.2.1\ns 6 sub Ord1951-12\nom A2004-60 amdt 1.183\nins A2005-20 amdt 3.196\nMeaning of magistrate in div 2.2.1\ns 6A hdg sub A2004-60 amdt 1.187\ns 6A ins Ord1977-4\nAppointment of Chief Magistrate and other magistrates\ns 7 sub Ord1949-13\nam Ord1951-7; Ord1951-12; Ord1973-48\nsub Ord1977-4; Ord1985-67\nsub A2005-20 amdt 3.196\nRequirements of appointment—magistrates\ns 7AA ins A2009-37 s 4\nEligibility for appointment as magistrate\ns 7A ins A2005-20 amdt 3.196\n\nSeniority of magistrates\ns 7B ins A2005-20 amdt 3.196\nConditions of appointment of magistrates\ns 7C ins A2005-20 amdt 3.196\nam A2018-39 s 9\nTerm of appointment of magistrates\ns 7D ins A2005-20 amdt 3.196\nam A2018-39 s 10, s 11\n(3)-(5) exp 13 March 2020 (s 7D (4))\nActing Chief Magistrate\ns 7E ins A2005-20 amdt 3.196\nam A2021-13 s 32\nRetirement\ns 7F ins A2005-20 amdt 3.196\nsub A2009-19 s 57\nMagistrates not to do other work\ns 7G ins A2005-20 amdt 3.196\nRights of public servants\ns 7H ins A2005-20 amdt 3.196\nSpecial magistrates\ndiv 2.2.2 hdg (prev pt 2 div 2 hdg) ins Ord1977-4\nrenum as div 2.2 hdg R8 LA\nrenum A2004-60 amdt 1.189\nsub A2005-20 amdt 3.197\nAppointment of special magistrates\ns 8 am Ord1949-13\nsub Ord1977-4\nam A1997-96\nsub A2005-20 amdt 3.197\nRequirements of appointment—special magistrates\ns 8AA ins A2009-37 s 5\nTerm of appointment of special magistrates\ns 8A ins Ord1973-48\nins A2005-20 amdt 3.197\nConditions of appointment of special magistrates\ns 8B ins Ord1973-48\nins A2005-20 amdt 3.197\n\nRegistrar and other court officers\ndiv 2.2.3 hdg (prev pt 2 div 3 hdg) ins Ord1977-4\nam Ord1985-67; A1991-44\nrenum as div 2.3 hdg R8 LA\nsub and renum A2004-60 amdt 1.190\nsub A2005-20 amdt 3.198\nAppointment of registrar etc\ns 9 sub Ord1977-4\nins A2005-20 amdt 3.198\nStaff assisting registrar\ns 9A ins A2005-20 amdt 3.198\nom A2016-52 amdt 1.135\nFunctions of registrar and deputy registrars\ns 9B ins A2005-20 amdt 3.198\nsub A2006-40 amdt 2.129 (as am A2006-55 s 10)\nJudicial officers exchange\ndiv 2.2.3A hdg ins A2010-13 amdt 1.25\nDefinitions—div 2.2.3A\ns 9C ins A2010-13 amdt 1.25\ndef ACT court ins A2010-13 amdt 1.25\ndef corresponding court ins A2010-13 amdt 1.25\ndef court ins A2010-13 amdt 1.25\ndef judicial exchange arrangement ins A2010-13 amdt 1.25\ndef judicial officer ins A2010-13 amdt 1.25\ndef participating jurisdiction ins A2010-13 amdt 1.25\ndef this jurisdiction ins A2010-13 amdt 1.25\nEstablishment of judicial exchange arrangements\ns 9D ins A2010-13 amdt 1.25\nTransfer of judicial officer of another jurisdiction to ACT court\ns 9E ins A2010-13 amdt 1.25\nService in ACT court of judicial officer of another jurisdiction\ns 9F ins A2010-13 amdt 1.25\nService of ACT judicial officer in corresponding court\ns 9G ins A2010-13 amdt 1.25\nJudicial office not affected by appointment to another judicial office\ns 9H ins A2010-13 amdt 1.25\nOther arrangements not affected\ns 9I ins A2010-13 amdt 1.25\n\nAmendment of sch 2\ns 9J ins A2010-13 amdt 1.25\nTerms and conditions of appointment\ns 10 am Ord1938-35; Ord1973-48\nsub Ord1977-4\nsub A1997-41\nTenure of office\ns 10A ins Ord1977-4\nResignation\ns 10B ins Ord1977-4\nActing Chief Magistrate\ns 10C ins Ord1977-4\nam Ord1985-67; Ord1990-5\nRetirement\ns 10D ins Ord1977-4\nsub A1994-10\nMagistrates not to undertake other work\ns 10E ins Ord1977-4\nam A1993-4; A1996-6\nRights of public servants\ns 10F ins Ord1977-4\nsub A1994-38\nArrangement of business of courts\ns 10G ins Ord1977-4\nam Ord1985-67; Ord1986-74; A1994-66\nsub A1999-12\nam A1999-61 s 6; A1999-64 s 4 sch 2; A2004-60 amdt 1.188\nAppointment of special magistrates\ns 10H ins Ord1977-4\n\nTenure of office\ns 10J ins Ord1977-4\nsub A1994-10\nResignation\ns 10K ins Ord1977-4\nTerms and conditions of appointment\ns 10L ins Ord1977-4\nsub A1997-41\nAppointment of registrar etc\ns 10M hdg am A1991-44\ns 10M ins Ord1977-4\nam Ord1985-67; A1991-44\nStaff assisting registrar\ns 10MA ins A1994-38\nDuties of registrar\ns 10N hdg am A1991-44\ns 10N ins Ord1977-4\nJurisdiction of magistrates\ndiv 2.2.4 hdg (prev pt 2 div 4 hdg) ins Ord1977-4\nrenum as div 2.4 hdg R8 LA\nrenum A2004-60 amdt 1.191\nOath etc of office\ns 10P ins Ord1977-4\nam Ord1990-5; A2001-44 amdt 1.2749\nsub A2005-20 amdt 3.199\nActs done beyond ACT\ns 10Q renum as s 11\n\nActs done beyond ACT\ns 11 hdg am A1991-44\ns 11 orig s 11 am A1991-44; A1994-61; A1996-6\nreloc to Magistrates Court Rules 1932, pt 19 as rule 99 by\nA2005-20 amdt 3.202\n(prev s 10Q) ins Ord1977-4\nam A2005-20 amdt 3.200\nrenum A2005-20 amdt 3.201\nActs by magistrate out of court etc\ns 12 hdg am A1991-44\ns 12 am Ord1937-28; Ord1986-74; A1991-44; A1996-6\nsub A2005-20 amdt 3.203\nMaking of enforcement order after case decided\ns 13 hdg sub A2006-40 amdt 2.130\ns 13 am A1991-44; A1994-61\nsub A2005-20 amdt 3.203; A2006-23 amdt 1.220\nam A2006-40 amdt 2.131\nWarrants of execution after appeal\ns 14 om Ord1972-37\nProcess not invalid only because of death of magistrate etc\ns 15 hdg am A1991-44\ns 15 am A1991-44; A1994-61\nsub A2005-20 amdt 3.204\nam A2006-40 amdt 2.132\nOrder instead of mandamus order\ns 16 hdg sub A2006-40 amdt 2.133\ns 16 am Ord1937-28; Ord1977-4; A1991-44; A1996-6;\nA2004-60 amdt 1.192; A2006-40 amdt 2.134, amdt 2.135\nMagistrates may exercise functions of justices of peace\ns 17 hdg sub A2005-20 amdt 3.205\ns 17 am Ord1937-28; Ord1990-5\nProtection of magistrates in execution of their office\npt 2.3 hdg ins A2004-60 amdt 1.193\nProtection and immunity of magistrates\ns 17A (prev s 231) am Ord1937-28; Ord1953-14; A1994-61\nam A2005-20 amdt 3.206, amdt 3.207\nsub A2023-37 s 15\nMagistrate sued for act not within jurisdiction\ns 17B (prev s 232) reloc by A2004-60 amdt 1.370\nom A2008-44 amdt 1.63\n\nCommittal or enforcement order by magistrate on order of court\ns 17C hdg sub A2006-40 amdt 2.136\ns 17C (prev s 233) am A1994-61\nam A2006-23 amdt 1.221; A2006-40 amdt 2.137\nom A2023-37 s 15\nNo action for acts done under Supreme Court order\ns 17D (prev s 234) am Ord1937-28\nsub A2005-20 amdt 3.208\nNo action if proceeding confirmed on appeal\ns 17E (prev s 235) am A1994-61\nam A2006-23 amdt 1.222, amdt 1.223; A2006-40\namdts 2.137-2.139\nActions in cases prohibited\ns 17F (prev s 236) am Ord1937-28\nam A2005-20 amdt 3.209\nPayment into court\ns 17G (prev s 239) am Ord1937-28; Ord1986-74\nsub A2005-20 amdt 3.210\nNo action against magistrate for judicial acts in Magistrates Court\ns 17H (prev s 240) am Ord1985-67\nMagistrate sued for acts within magistrate’s jurisdiction only liable in case of\nmalice and absence of reasonable and probable cause\ns 17I (prev s 241) reloc by A2004-60 amdt 1.370\nam A2005-20 amdt 3.211\nVerdict for defendant\ns 17J (prev s 242) am Ord1937-28; Ord1986-74\n\nDamages\ns 17K (prev s 243) am Ord1966-2\nsub A1994-61\nCriminal proceedings\nch 3 hdg ins A2004-60 amdt 1.198\nMagistrates Court\npt 3 hdg sub Ord1985-67\nom A2004-60 amdt 1.194\npt 3.1 hdg ins A2004-60 amdt 1.198\nEstablishment of Magistrates Court\ndiv 3.1 hdg (prev pt 3 div 1 hdg) am Ord1985-67\nrenum R8 LA\nom A2004-60 amdt 1.194\nConstitution of court\ns 18 reloc as s 4\nJurisdiction of Magistrates Court\ndiv 3.2 hdg (prev pt 3 div 2 hdg) am Ord1985-67\nrenum R8 LA\nom A2004-60 amdt 1.199\nDefinitions for ch 3\ns 18A ins A2004-60 amdt 1.198\ndef administrator ins A2004-60 amdt 1.198\ndef Crimes Act ins A2004-60 amdt 1.198\ndef decision ins A2004-60 amdt 1.198\ndef defendant ins A2004-60 amdt 1.198\ndef escort ins A2004-60 amdt 1.198\ndef superintendent ins A2004-60 amdt 1.198\nCriminal jurisdiction\npt 3.2 hdg ins A2004-60 amdt 1.199\nJurisdiction of court\ns 19 am Ord1937-28; Ord1985-67; Ord1986-74; Ord1990-5;\nA1999-66 sch 3; A2001-44 amdt 1.2751; A2001-56\namdt 3.447, amdt 3.448; A2004-60 amdt 1.200; A2005-20\namdt 3.212\n\nCivil jurisdiction of the court\ns 20 am Ord1936-13; Ord1967-1; Ord1969-12; Ord1977-4\nCivil jurisdiction of court in action for nuisance\ns 20A ins Ord1961-2\nJurisdiction of court if defendant absent from ACT\ns 21 am Ord1937-28; Ord1958-12; Ord1986-74; A1996-6\nEx parte order may be set aside\ns 23 am Ord1970-15\nsub Ord1974-14\nam Ord1979-33; Ord1986-74; Ord1989-60; A1991-44;\nA1991-112; A1993-4; A1993-48; A1998-25; A2004-60\namdts 1.201-1.209\nreloc to Magistrates Court Rules 1932, pt 4 as rule 10 by\nA2004-60 amdt 1.210\nEx parte conviction may be set aside on application by informant\ns 23AA ins Ord1982-3\nam A2004-60 amdts 1.211-1.215\nreloc to Magistrates Court Rules 1932, pt 4 as rule 11 by\nA2004-60 amdt 1.216\nRequests under conventions regarding legal proceedings in civil and\ncommercial matters\ns 23A ins Ord1932-21\nom A2004-60 amdt 1.217\nRectification of certain orders etc\ns 23B ins Ord1985-18\nam A1991-44; A2004-60 amdt 1.218; A2005-20 amdt 3.213,\namdt 3.214\nom A2006-23 amdt 1.225\nBeginning criminal proceedings\npt 3.3 hdg (prev pt 4 hdg) sub and renum A2004-60 amdt 1.219\nBeginning criminal proceedings—general\ndiv 3.3.1 hdg (prev pt 4 div 1 hdg) renum as div 4.1 hdg R8 LA\nsub and renum A2004-60 amdt 1.220\nCases excepted from court’s jurisdiction\ns 24 om Ord1986-74\nRemoval of civil cases to the Supreme Court\ns 24A ins Ord1937-28\n\nProcedure after removal of cases\ns 24B ins Ord1937-28\nam Ord1953-14; Ord1980-10; Ord1985-67\ns 25 sub Ord1974-14\nam Ord1986-74; A1996-6\nsub A2005-20 amdt 3.215\ndiv 3.3.2 hdg (prev pt 4 div 2 hdg) renum as div 4.2 hdg R8 LA\nLaying of informations\ns 26 am A1991-38; A1993-4; A1994-4\nDescription of people and property and of offences\ns 27 am Ord1990-5\nAuthority to appear etc in place of informant\ns 27A ins Ord1974-14\nom Ord1985-17\nForm of information\ns 30 sub A2005-20 amdt 3.216\nLimitation of proceedings\ns 31 am Ord1989-59; Ord1990-5; A1996-6; A1999-59 s 3\nom A2001-63 s 58\nCommencement of action by entry of complaint\ns 32 am Ord1961-2\nComplaint may be for 1 or more matters\ns 33 am Ord1967-1; Ord1969-12; Ord1977-4\nDemands not to be divided into 2 suits or complaints\ns 34 om Ord1986-74\nInfant may sue\ns 35 am Ord1974-47\nCopy of information or complaint\ns 36 om Ord1986-74\nSummonses\ndiv 3.3.3 hdg (prev pt 4 div 4 hdg) renum as div 4.4 hdg R8 LA\n\nWhen magistrate may issue summons\ns 37 am Ord1986-74; Ord1989-55;Ord1990-5; A1991-38; A1993-4;\nForm of summons\ns 38 am Ord1937-28; Ord1979-33; Ord1986-74; A1996-6\nEx parte proceedings\ns 39 om Ord1986-74\nSignature and contents of summons\ns 40 am Ord1979-33\nom A1996-6\nService of summons\ns 41 sub Ord1937-28\nam Ord1953-14; Ord1986-74; A1991-44; ss renum R10 LA;\nA2005-20 amdt 3.217\nCourt attendance notices\ndiv 3.3.3A hdg ins A2008-42 s 10\nDefinitions—div 3.3.3A\ns 41A ins A2008-42 s 10\ndef authorised person ins A2008-42 s 10\ndef court attendance notice ins A2008-42 s 10\nCommencing criminal proceeding by court attendance notice\ns 41B ins A2008-42 s 10\nCourt attendance notice––service\ns 41C ins A2008-42 s 10\nCourt attendance notice—filing\ns 41D ins A2008-42 s 10\nCourt attendance notice—relationship to information and summons\ns 41E ins A2008-42 s 10\nam A2025-29 amdt 3.202\nWarrants\ndiv 3.3.4 hdg (prev pt 4 div 5 hdg) renum as div 4.5 hdg R8 LA\nsub A2005-20 amdt 3.218\nIssue of warrant and summons\ns 42 am Ord1974-14, Ord1979-33; ss renum R10 LA\nsub A2005-20 amdt 3.219\nProcedure on filing indictment\ns 43 am Ord1937-28; Ord1990-5; A1992-9; A1996-6; A2006-23\namdt 1.226; A2006-40 amdt 2.140\n\nWarrants to be signed and, where so required, sealed\ns 46 om A1996-6\nForm of arrest warrant\ns 47 am A1998-67\nsub A2005-20 amdt 3.220\nSunday warrants\ns 49 am A2005-20 amdt 3.221\nBail of persons arrested without a warrant\ns 50 am A1991-44\nHearings generally to be in public\ns 51 reloc as s 310\nExclusion of strangers\ns 52 om A1996-6\nHearing of criminal proceedings\npt 3.4 hdg (prev pt 5 hdg) sub and renum A2004-60 amdt 1.222\nHearing of criminal proceedings—general\ndiv 3.4.1 hdg (prev pt 5 div 1 hdg) renum as div 5.1 hdg R8 LA\nsub and renum A2004-60 amdt 1.223\nConduct of case generally\ns 53 am Ord1986-74; A1996-6\nsub A2005-20 amdt 3.222\nIf both parties present in court to hear case\ns 54 am Ord1986-74; A1991-79; A1993-2; A1996-6\nsub A2005-20 amdt 3.222\nInterpreter\ns 54AA ins A1991-79\nom A1993-2\nRecord of proceedings\ns 54A reloc as s 316\nWarrants for witnesses\ndiv 3.4.2 hdg (prev pt 5 div 2 hdg) renum as div 5.2 hdg R8 LA\nsub and renum A2004-60 amdt 1.232\nsub A2005-20 amdt 3.223\nExamination to be on oath\ns 55 om A2005-20 amdt 3.224\nPower to order witnesses out of Court\ns 56 am Ord1986-74\nom A1996-6\n\nHusband or wife of complainant or defandant to be competent witness\ns 57 om Ord1986-74\nDefendant and husband or wife, when competent in criminal proceedings\ns 58 om A2004-2 amdt 2.14\nProof of negative etc\ns 59 am Ord1990-5\nom A2004-15 amdt 3.20\nRecord of proceedings and transcript\ns 60 reloc as s 317\nInformant may request witnesses to attend\ns 60A ins A1996-6\nreloc to Magistrates Court Rules 1932, pt 4 as rule 12 by\nA2004-60 amdt 1.239\nPower of magistrate to summon witnesses\ns 61 hdg sub A2004-60 amdt 1.240\ns 61 am Ord1986-74\nam A2004-60 amdt 1.241\nreloc to Magistrates Court Rules 1932, pt 4 as rule 13 by\nA2004-60 amdt 1.242\nWarrants for witnesses\ndiv 3.4.2 hdg sub A2009-19 s 58\nDefinitions—div 3.4.2\ns 62 hdg am A2004-60 amdt 1.243\ns 62 sub Ord1937-28; A1996-6\nam A2004-60 amdt 1.243, amdt 1.244\nreloc to Magistrates Court Rules 1932, pt 4 as rule 14 by\nA2004-60 amdt 1.245\ndef prescribed period ins A2009-19 s 58\ndef reporting officer ins A2009-19 s 58\ndef warrant ins A2009-19 s 58\nWitnesses entitled to claim expenses\ns 62A ins A1996-6\nreloc to Magistrates Court Rules 1932, pt 4 as rule 15 by\nA2004-60 amdt 1.246\n\nWarrant to bring witness to court\ns 63 am Ord1967-1\nam A2004-60 amdts 1.247-1.249\n(2), (3) exp 1 July 2006 (s 63 (3))\nss renum R34 LA\nsub A2009-19 s 58\nFirst instance warrant\ns 64 am A2004-60 amdt 1.250\nsub A2009-19 s 58\nWarrant remains in force until executed\ns 65 am Ord1976-42; Ord1986-74\nExecuting a warrant\ns 66 am Ord1937-28; A2004-60 amdts 1.251-1.253\nreloc to Magistrates Court Rules 1932, pt 4 as rule 16 by\nA2004-60 amdt 1.254\nSetting aside summons\ns 66A ins Ord1987-56\nam A2004-60 amdt 1.255, amdt 1.256\nreloc to Magistrates Court Rules 1932, pt 4 as rule 17 by\nA2004-60 amdt 1.257\nProcedure after arrest\ns 67 reloc as s 318\nExamination of witnesses—application of Magistrates Court (Civil\nJurisdiction) Act\ns 67A ins Ord1986-74\nam Ord1990-5; A1995-46\nom A2004-60 amdt 1.262\nAffidavits—application of Magistrates Court (Civil Jurisdiction) Act\ns 67B ins Ord1986-74\nam Ord1990-5; A1995-46\nom A2004-60 amdt 1.262\nOrders following executed warrant\ns 68 reloc as s 319\nDepositions to be delivered to registrar\ns 69 reloc as s 320\n\nRemand\ndiv 3.4.3 hdg (prev pt 5 div 3 hdg) renum as div 5.3 hdg R8 LA\nrenum A2004-60 amdt 1.270\nRemand of defendant\ns 70 am Ord1977-61; A1996-6\nsub A1996-82\nam A1998-67\nsub A2004-14 amdt 2.4; A2006-23 amdt 1.227\nam A2011-22 amdt 1.305, amdt 1.306, amdt 1.310\nVerbal remand\ns 71 am A1996-6\nom A1996-82\nBringing remanded defendant before court\ns 72 sub A2006-23 amdt 1.227\nam A2011-22 amdt 1.310\nBail application hearings—audiovisual links\ns 72A ins A1999-22 s 21\nam A2000-17 s 3 sch 1; A2003-48 amdt 2.10\nDefendant’s appearance in non-bail proceedings—audiovisual links\ns 72B ins A1999-22 s 21\nam A2004-60 amdt 1.271\nam A2010-40 amdt 2.16; A2011-22 amdt 1.310; A2018-9\ns 103\nBail of defendant during examination\ns 73 am A1992-9\nCommittal and recognisance\ndiv 3.4.4 hdg (prev pt 5 div 4 hdg) renum as div 5.4 hdg R8 LA\nrenum A2004-60 amdt 1.272\nExtended application of div 3.4.4\ns 73A ins Ord1986-74\nam A1995-46\nsub A2004-60 amdt 1.273\nRemand of defendant before decision\ns 74 am A1996-6; A1996-82\nsub A2006-23 amdt 1.228\nam A2011-22 amdt 1.307\n\nRemand of witness or defendant after decision\ns 75 sub Ord1976-42\nam A1996-82\nsub A2006-23 amdt 1.228\nWitnesses may be discharged on recognisance\ns 76 am Ord1986-74; A1994-61; A2004-60 amdt 1.274\nRecognisances\ns 77 am Ord1970-15; A1992-9\nIssue of warrant for non-appearance\ns 78 am A1992-9; A2004-60 amdt 1.275; A2005-20 amdt 3.225\nRecognisances taken out of court\ns 79 am Ord1974-14; Ord1976-42; A1991-44; A1992-9; A1996-6\nsub A2005-20 amdt 3.226\nam A2006-23 amdt 1.229\nForfeited recognisances—how enforced\ns 80 am Ord1974-14; Ord1984-62; Ord1986-53; Ord1990-5;\nA1992-9; A1996-6\nArrest of principal by sureties\ns 81 am Ord1937-28; Ord1976-42\nConveying people to custody\ns 82 am Ord1976-42; A1996-82\nom A2006-23 amdt 1.230\nAdjournment of criminal proceedings\ndiv 3.4.5 hdg (prev pt 5 div 5 hdg) renum as div 5.5 hdg R8 LA\nsub and renum A2004-60 amdt 1.276\nParticular cases may be adjourned\ns 84 am Ord1986-74; A1992-9; A1996-6; A2005-20 amdt 3.227\nsub A2006-23 amdt 1.231\nam A2011-22 amdt 1.308\nProceeding if either party not present at adjourned hearing\ns 85 am Ord1986-74; A1996-6\nProceeding if both parties present at adjourned hearing\ns 86 am A1996-6\nWitness to attend adjourned etc hearing\ns 87 am Ord1977-61\n\nPostponement of hearing\ns 88 am Ord1986-74; A1991-44\nProceedings for indictable offences\npt 3.5 hdg (prev pt 6 hdg) sub and renum A2004-60 amdt 1.277\nDispensing with application of part\ndiv 3.5.1 hdg (prev pt 6 div 1A hdg) ins Ord1987-56\nrenum as div 6.1A hdg R8 LA\nrenum A2004-60 amdt 1.278\nom A2011-28 amdt 3.176\nins A2014-1 s 22\nDispensing with application of part in interests of justice\ns 88A hdg sub A2004-60 amdt 1.279\ns 88A ins Ord1987-56\nom A2011-28 amdt 3.176\nins A2014-1 s 22\nWaiver of committal proceedings\ndiv 3.5.1A hdg ins A2015-52 s 42\nCourt may waive committal proceedings\ns 88B ins A2015-52 s 42\nam A2018-40 s 19; ss renum R86 LA\nIndictable offences—beginning of proceedings\ndiv 3.5.2 hdg (prev pt 6 div 1 hdg) renum as div 6.1 hdg R8 LA\nsub and renum A2004-60 amdt 1.280\nIndictable offences—issue of warrant for non-appearance\ns 89 hdg sub A2010-30 amdt 1.40\ns 89 am Ord1977-61\nsub A2005-20 amdt 3.229\nam A2010-30 amdt 1.41; ss renum R58 LA\nAccused person may be excused from attendance before court\ns 89A ins Ord1977-61\nam Ord1987-56; A1992-9; A1996-6; A2005-20 amdt 3.230,\namdt 3.231; A2008-44 amdt 1.64\nCommittal proceedings—prosecutor must give brief of evidence to accused\nperson\ns 90 sub Ord1958-12\nsub Ord1974-14\nam Ord1977-61; A1991-44; A1996-6; A2005-20 amdt 3.232;\nA2008-41 s 31\nsub A2008-44 amdt 1.65; A2024-27 s 14\n\nAddress and contact details of people generally must not be disclosed as\npart of pre-committal disclosure\ns 90AAA ins A2024-27 s 14\nMaterial used to give evidentiary certificate etc need not be disclosed as part\nof pre-committal disclosure\ns 90AAB ins A2024-27 s 14\nEffect of pre-committal disclosure obligations on other laws\ns 90AAC ins A2024-27 s 14\nProsecutor must allow inspection of certain disclosed matters on request\ns 90AAD ins A2024-27 s 14\nWritten statements may be admitted in evidence\ns 90AA ins Ord1974-14\nam A1991-44; A1996-6; A2005-20 amdt 3.233, amdt 3.234; ss\nrenum R29 LA (see A2005-20 amdt 3.235); A2008-42 s 11;\nA2008-41 ss 32-34; A2008-44 amdts 1.66-1.69; A2009-7\namdts 1.32-1.35; ss renum R47 LA; A2009-24 amdt 1.34,\namdt 1.35; pars renum R48 LA; A2024-27 s 15\nWitnesses generally not to be cross-examined at committal hearing\ns 90AB ins Ord1974-14\nam Ord1977-61; A1996-6\nsub A2005-20 amdt 3.236; A2008-44 amdt 1.71\nAttendance of accused not required if order made under s 89A\ns 90ABA hdg sub A2005-20 amdt 3.237\ns 90ABA ins Ord1977-61\nsub A2008-44 amdt 1.72\nPlea of guilty at committal hearing\ns 90A hdg sub A2008-44 amdt 1.70\ns 90A ins Ord1958-12\nam Ord1985-41; Ord1990-5; A1996-6; ss renum R10 LA;\nA2004-60 amdt 1.281; A2005-20 amdts 3.238-3.240;\nss renum R29 LA (see A2005-20 amdt 3.241); A2011-13\namdt 1.10; A2023-33 amdt 1.8\nBack-up and related offences––transfer to Supreme Court\ns 90B ins A2014-1 s 23\n\nProceeding following prosecution evidence\ns 91 orig s 91\nam Ord1974-14; Ord1987-56\nsub A2005-20 amdt 3.242\nom A2008-44 amdt 1.73\npres s 91\n(prev s 92) am Ord1951-12; Ord1958-12; Ord1967-1;\nOrd1974-14; Ord1977-61; Ord1985-41; Ord1986-74;\nOrd1987-56; A2008-44 amdt 1.75\nrenum as s 91 A2008-44 amdt 1.74\nProceeding if evidence sufficient to put accused on trial\ns 92 renum as s 91\nCommittal for sentence for indictable offence tried summarily\ns 92A ins Ord1974-14\nam A2011-13 amdt 1.11; A2014-1 s 24\nDepositions as evidence\ns 92B ins Ord1985-41\nAdmissions and confessions\ns 93 am Ord1958-12; Ord1967-1; A1996-6; A2005-20 amdt 3.243\nIndictable offences—proceedings after hearing of evidence\ndiv 3.5.3 hdg (prev pt 6 div 2 hdg) renum as div 6.2 hdg R8 LA\nsub and renum A2004-60 amdt 1.282\nDischarge or committal for trial\ns 94 am Ord1937-28; Ord1976-42; Ord1987-56; A1996-6\nsub A2005-20 amdt 3.244\nam A2006-23 amdt 1.232; A2008-44 amdt 1.76; A2009-24\namdt 1.36; A2011-22 amdt 1.311; A2014-1 s 25\nDepositions of dead or absent people\ns 95 sub Ord1958-12\nam Ord1967-1; Ord1989-59; A1996-6; A2004-60 amdt 1.283,\namdt 1.284; A2005-20 amdt 3.245\nIndictable offences—costs\ndiv 3.5.4 hdg (prev pt 6 div 2A hdg) ins Ord1984-9\nrenum as div 6.2A hdg R8 LA\nsub and renum A2004-60 amdt 1.285\nDiscontinued proceeding\ns 97 am Ord1937-28\nom Ord1958-12\nins Ord1984-9\nam Ord1987-56; A2008-44 amdt 1.77; A2009-24 amdt 1.37\n\nIndictable offences—witness recognisances\ndiv 3.5.5 hdg (prev pt 6 div 3 hdg) am A1992-9\nrenum as div 6.3 hdg R8 LA\nsub and renum A2004-60 amdt 1.286\nBail in capital offences\ns 98 am Ord1937-28\nom Ord1989-59\nAdmission of persons committed for trial to bail\ns 99 am Ord1937-28; Ord1976-42; Ord1989-59\nAdmission of persons committed for trial and are in prison awaiting\ntrial to bail\ns 100 am Ord1937-28; Ord1976-42; Ord1989-59\nRecognisances to be transmitted to Crown Solicitor\ns 101 am Ord1967-1; Ord1976-42; Ord1985-17\nWarrant of deliverance\ns 102 am Ord1976-42\nRecognisance of witnesses etc\ns 103 am Ord1974-14; A1996-6\nCourt may remand noncompliant witness\ns 105 am Ord1976-42\nsub A2005-20 amdt 3.246; A2006-23 amdt 1.233\nam A2011-22 amdt 1.310\nIndictable offences—other provisions\ndiv 3.5.6 hdg (prev pt 6 div 4 hdg) renum as div 6.4 hdg R8 LA\nsub and renum A2004-60 amdt 1.287\nMeaning of certified copy of depositions in div 3.5.6\ns 105A ins A2004-60 amdt 1.288\nsub A2005-20 amdt 3.247\nGiving depositions etc to director of public prosecutions\ns 106 am Ord1967-1; Ord1985-17; Ord1985-41; A1992-9; A2005-20\namdt 3.248\nGiving documents to proper officer of court\ns 107 am Ord1967-1; Ord1985-17; A1996-6; A1999-66 sch 3;\nA2005-20 amdt 3.249; A2006-40 amdt 2.141, amdt 2.142\n\nAccused person may obtain copies of depositions etc\ns 108 am Ord1967-1; A1999-66 sch 3\nsub A2005-20 amdt 3.250\nPre-hearing disclosure for offences punishable summarily\npt 3.5A hdg ins A2024-27 s 16\nApplication—pt 3.5A\ns 108AA ins A2024-27 s 16\nProsecutor must give brief of evidence to defendant who pleads not guilty\ns 108AB ins A2024-27 s 16\nOngoing duty of disclosure by prosecutor\ns 108AC ins A2024-27 s 16\nProsecutor must allow inspection of certain disclosed matters on request\ns 108AD ins A2024-27 s 16\nAddress and contact details of people generally must not be disclosed under\npt 3.5A\ns 108AE ins A2024-27 s 16\nMaterial used to give evidentiary certificate etc need not be disclosed under\npt 3.5A\ns 108AF ins A2024-27 s 16\nSanctions for non-compliance with disclosure requirements\ns 108AG ins A2024-27 s 16\nEffect of pt 3.5A on other laws\ns 108AH ins A2024-27 s 16\nProceedings for offences punishable summarily\npt 3.6 hdg (prev pt 7 hdg) renum A2004-60 amdt 1.289\nIndictable offences dealt with summarily\ns 108A ins Ord1985-41\nam A2004-60 amdt 1.290\nDismissal or adjournment in absence of informant\ns 109 sub A1996-6\nam A2005-20 amdt 3.251\nHearing in absence of defendant\ns 110 hdg sub A2005-20 amdt 3.252\ns 110 am Ord1974-14; Ord1986-83; Ord1989-59; A1996-6;\nA2005-20 amdts 3.253-3.256; A2008-44 amdt 1.78; ss renum\nR47 LA; A2009-24 amdt 1.38, amdt 1.39; ss renum R48 LA\nAdjournment if defendant does not appear\ns 111 sub A2005-20 amdt 3.257\nam A2006-23 amdt 1.234\n\nSummary proceedings—issue of warrant for non-appearance at adjourned or\npostponed hearing\ns 112 am A1996-6\nom A2005-20 amdt 3.258\nins A2010-30 amdt 1.42\nCourt may direct defendant to appear\ns 112A ins A2010-30 amdt 1.42\nIf defendant does not admit the case\ns 114 am Ord1937-28\nsub A2005-20 amdt 3.259\nConduct of summary proceeding\ns 115 am A1996-6\nsub A2005-20 amdt 3.259\nConduct of summary proceedings regulated\ns 116 am A1996-6\nom A2005-20 amdt 3.259\nService and pleading by post for certain offences\npt 3.7 hdg (prev pt 7A hdg) ins Ord1974-14\nrenum A2004-60 amdt 1.291\nDefinitions for pt 3.7\ns 116A hdg sub A2004-60 amdt 1.292\ns 116A ins Ord1974-14\nam Ord1990-5; A1993-4; A1996-6; A1998-54; A1999-79\nsch 3; A2004-60 amdt 1.294\nsub A2005-20 amdt 3.260\ndef defendant ins A2005-20 amdt 3.260\ndef law in force in the ACT ins A2004-60 amdt 1.293\nsub A2005-20 amdt 3.260\ndef prescribed offence am A1984-10 s 2; Ord1990-5 sch 1\nsub A1993-4 s 10\nom A1999-79 sch 3\nMeaning of prescribed offence for pt 3.7\ns 116AA hdg sub A2004-60 amdt 1.295\ns 116AA ins A1999-79 s 5 sch 3\nam A2001-62 amdts 1.1-1.3; A2004-60 amdt 1.296; A2005-20\namdt 3.261; A2009-22 amdt 1.1; A2013-52 s 7, s 8; pars\nrenum R71 LA; A2019-21 s 5\n\nService of summons for prescribed offence\ns 116B hdg sub A2004-60 amdt 1.297\ns 116B ins Ord1974-14\nam A1993-4; A2004-60 amdt 1.298; A2005-20 amdt 3.262,\namdt 3.263\nGiving of notice by registrar\ns 116BA ins A1993-4\nsub A2005-20 amdt 3.264\nProof of service\ns 116C ins Ord1974-14\nam A1991-44; A1993-4; A1996-6; A2005-20 amdt 3.265,\namdt 3.266\nPleas to prescribed offence\ns 116D hdg sub A2004-60 amdt 1.299\ns 116D ins Ord1974-14\nam A1991-44; A1993-4\nProcedure if plea of guilty entered\ns 116E ins Ord1974-14\nam A1991-44; A1993-4; A2011-28 amdt 3.177\nProcedure if notice of intention to defend given\ns 116F ins Ord1974-14\nam A1991-44; A1993-4\nProcedure if defendant pleads not guilty\ns 116FA ins Ord1989-59\nProcedure if defendant does not plead\ns 116G ins Ord1974-14\nam Ord1989-59; A1991-44; A1993-4\nRestricted penalties under pt 3.7\ns 116H hdg sub A2004-60 amdt 1.300\ns 116H ins Ord1974-14\nsub Ord1979-33; A1993-4\nam A1996-6; A1998-25; A2003-56 amdt 3.162; A2005-20\namdt 3.267, amdt 3.268; ss renum R29 LA (see A2005-20\namdt 3.269); am R103 LA (see also A2025-29 amdt 3.203)\n\nConsequences of conviction in absence of defendant\ns 116I hdg sub A2005-20 amdt 3.270\ns 116I ins Ord1974-14\nam A1991-44; A1993-4; A1996-6; A2004-60 amdt 1.301;\nA2010-21 amdt 1.9\nDate of conviction\ns 116J ins Ord1974-14\nom Ord1979-33\nInfringement notices for certain offences\npt 3.8 hdg (prev pt 8 hdg) om Ord1986-74\nrenum A2004-60 amdt 1.302\ndiv 3.8.1 hdg ins A2001-77 s 21\nrenum A2004-60 amdt 1.303\nDefinitions for pt 3.8\ns 117 hdg sub A2004-60 amdt 1.304\ns 117 om Ord1986-74\nam A2020-5 s 5\ndef another jurisdiction ins A2004-47 amdt 1.1\ndef approved community work or social development\nprogram ins A2020-5 s 4\ndef authorised person sub A2002-30 amdt 3.587;\nA2004-60 amdt 1.305\ndef driver ins A2004-47 amdt 1.1\ndef home address ins A2004-47 amdt 1.1\nom A2009-49 amdt 3.113\ndef illegal user declaration ins A2004-47 amdt 1.1\ndef infringement notice management plan ins A2020-5 s 4\ndef known offender declaration ins A2004-47 amdt 1.1\ndef registered ins A2004-47 amdt 1.1\ndef registered operator ins A2004-47 amdt 1.1\nom A2005-20 amdt 3.271\ndef relevant circumstances ins A2020-5 s 4\ndef responsible director-general ins A2020-5 s 4\ndef responsible person ins A2004-47 amdt 1.1\ndef sold vehicle declaration ins A2004-47 amdt 1.1\ndef trader’s plate ins A2004-47 amdt 1.1\nom A2005-20 amdt 3.271\ndef unknown offender declaration ins A2004-47 amdt 1.1\ndef vehicle ins A2004-47 amdt 1.1\ndef vehicle related offence ins A2004-47 amdt 1.1\n\nPurpose and effect of pt 3.8\ns 118 hdg sub A2004-60 amdt 1.306\ns 118 om Ord1986-74\nam A2020-5 s 6\nRegulations about infringement notice offences\ns 119 om Ord1986-74\nam A2003-2 s 70\nInfringement and reminder notices\ndiv 3.8.2 hdg (prev div 8.2 hdg) ins A2001-77 s 21\nrenum A2004-60 amdt 1.307\nService of infringement notices\ns 120 om Ord1986-74\nam A2004-42 amdt 1.8, amdt 1.9\nsub A2004-47 amdt 1.2\nam A2008-6 s 18; ss renum R40 LA\nContents of infringement notices\ns 121 om Ord1986-74\nAdditional information in infringement notices\ns 122 om Ord1986-74\nam A2020-5 ss 7-11; pars renum R100 LA\nDischarge of infringement notice penalty\ns 123 sub Ord1937-28\nsub A2020-5 s 12\nExtension of time to pay penalty\ns 124 om Ord1986-74\nam A2020-5 s 13; A2024-12 s 19, s 20\nExtension of time—guidelines\ns 124A ins A2020-5 s 14\nEffect of payment of infringement notice penalty\ns 125 am Ord1937-28\nam A2020-5 s 15, s 16; A2024-12 s 21\n\nApplication for withdrawal of infringement notice\ns 126 om Ord1986-74\nWithdrawal of infringement notice\ns 127 sub Ord1937-28\nGuidelines about withdrawal of infringement notices\ns 128 am Ord1937-28\nam A2011-28 amdt 3.178; A2020-5 s 17; A2025-29\namdt 4.123\nReminder notices\ns 129 sub Ord1967-1\nam Ord1980-4\nam A2020-5 s 18; pars renum R100 LA\nContents of reminder notices\ns 130 om Ord1986-74\nAdditional information in reminder notices\ns 131 om Ord1986-74\nam A2020-5 ss 19-23; pars renum R100 LA\nInfringement notice management plans\ndiv 3.8.2A hdg ins A2020-5 s 24\nApplication for infringement notice management plan or addition to plan\ns 131AA ins A2020-5 s 24\nApplication for infringement notice management plan or addition to plan—\ndecision\ns 131AB ins A2020-5 s 24\nam A2024-12 s 22; ss renum R101 LA\nApproved community work or social development program—responsible\ndirector-general’s agreement\ns 131AC ins A2020-5 s 24\nCancellation of infringement notice management plan\ns 131ACA ins A2024-12 s 23\n\nInfringement notice management plan—effect of cancellation\ns 131ACB ins A2024-12 s 23\nApproval of community work or social development program\ns 131AD ins A2020-5 s 24\nWaiver of infringement notice penalties\ndiv 3.8.2B hdg ins A2020-5 s 24\nApplication for waiver of penalty\ns 131AE ins A2020-5 s 24\nApplication for waiver of penalty—decision\ns 131AF ins A2020-5 s 24\nGuidelines for waiver of penalty\ns 131AG ins A2020-5 s 24\nAdditional provisions for vehicle-related offences\ndiv 3.8.3 hdg (prev div 8.2A hdg) ins A2004-47 amdt 1.3\nrenum R26 LA\nMeaning of infringement notice\ns 131A ins A2004-47 amdt 1.3\nService of infringement notice on responsible person for vehicles\ns 131B ins A2004-47 amdt 1.3\nam A2004-42 amdt 1.10; ss renum R25 LA (see A2004-60\namdt 1.11)\nLiability for vehicle-related offences\ns 131C ins A2004-47 amdt 1.3\nIllegal user declarations\ns 131D ins A2004-47 amdt 1.3\nam A2016-18 amdt 3.139\nKnown offender declarations\ns 131E ins A2004-47 amdt 1.3\nam A2016-18 amdt 3.140\nSold vehicle declarations\ns 131F ins A2004-47 amdt 1.3\nam A2016-18 amdt 3.141\nUnknown offender declarations\ns 131G ins A2004-47 amdt 1.3\nam A2016-18 amdt 3.142\n\nDisputing liability for infringement notices\ndiv 3.8.4 hdg (prev div 8.3 hdg) ins A2001-77 s 21\nsub and renum A2004-60 amdt 1.308 and R26 LA\nDisputing liability for infringement notice offence\ns 132 am Ord1967-1; Ord1969-12; Ord1977-4\nExtension of time to dispute liability\ns 133 am Ord1937-28\nom A2020-5 s 25\nProcedure if liability disputed\ns 134 ins A2001-77 s 21\nam A2004-42 amdt 1.12\nInfringement notices—other provisions\ndiv 3.8.5 hdg (prev div 8.4 hdg) ins A2001-77 s 21\nsub and renum A2004-60 amdt 1.309 and R26 LA\nAuthorised people for infringement notice offences\ns 134A ins Ord1968-25\nins A2002-30 amdt 3.588\nMoney recovered by infant or person of unsound mind\ns 134B ins Ord1968-25\nam Ord1978-46\nDelegation of administering authority’s functions\ns 135 am Ord1937-28\nsub A2002-30 amdt 3.589\nEvidentiary certificates\ns 136 om Ord1986-74\nDefault summons\ns 137 om Ord1986-74\nService of default summons\ns 138 om Ord1986-74\nGround of defence to be in writing lodged with the clerk\ns 139 am Ord1937-28; Ord1958-12; Ord1970-15\n\nTrial\ns 140 am Ord1958-12; Ord1970-15\nEnforcement of criminal decisions\npt 3.9 hdg (prev pt 9 hdg) sub and renum A2004-60 amdt 1.310\nEnforcement of criminal decisions—general\ndiv 3.9.1 hdg (prev pt 9 div 1 hdg) renum R8 LA\nsub and renum A2004-60 amdt 1.311\nMinute of decision and notice to defendant\ns 141 am Ord1972-37; Ord1990-5; A1991-44; A1993-4; A1996-6;\nA1996-68; A1998-25; A1999-91 sch 2; ss renum R10 LA;\nA2006-23 amdts 1.235, 1.236; A2006-40 amdt 2.143;\nA2007-44 amdt 1.2; A2010-21 amdt 1.10; A2011-22\namdt 1.311; A2011-48 amdt 1.38; A2016-12 amdt 3.5;\nA2020-42 s 127, s 128\nFormal convictions and orders\ns 142 am Ord1937-28; A1991-44; A2005-20 amdt 3.272; A2006-40\namdt 2.144\nConsequences if information dismissed\ns 143 am Ord1986-74; A1991-44\nsub A2005-20 amdt 3.273\nCopies of informations and other documents\ns 144 sub Ord1967-1\nam Ord1980-10; Ord1986-74; A1991-38; A1991-44; A1994-4;\nA2006-23 amdt 1.237\nImprisonment in first instance\ns 145 am A1996-6\nom A2006-23 amdt 1.238\nEnforcement of fines\ndiv 3.9.2 hdg (prev pt 9 div 2 hdg) sub A1994-61\nam A1998-25\nrenum as div 9.2 hdg R8 LA\nrenum A2004-60 amdt 1.312\nDefinitions for div 3.9.2\ns 146 hdg sub A2004-60 amdt 1.313\ns 146 om Ord1986-57\nins Ord1989-60\nsub A1991-112\nam A2006-23 amdt 1.239\n\ndef chief police officer ins A1998-25 s 8\nom A2004-60 amdt 1.314\ndef default notice ins A1998-25 s 8\ndef fine ins A1998-25 s 8\nam A1999-91 sch 2; A2005-20 amdt 3.274; A2006-23\namdt 1.240, amdt 1.241; A2007-44 amdt 1.3; pars renum\nR39 LA\ndef fine defaulter ins A1998-25 s 8\ndef government agency ins A1998-25 s 8\nam A2005-20 amdt 3.275\ndef outstanding fine ins A1998-25 s 8\nsub A2005-20 amdt 3.276\ndef parking offence om A1998-25 s 8\ndef penalty notice ins A1998-25 s 8\ndef Territory entity ins A1998-25 s 8\nsub A2004-60 amdt 1.315\ndef traffic offence am A1993-4 s 21\nom A1998-25 s 8\nNo imprisonment for breach of reparation order\ns 146A ins ord A1990-1\nPayment of fine\ns 147 am Ord1968-25; Ord1977-34; Ord1986-74; Ord1989-60;\nOrd1990-5; A1991-112; A1992-23; A1993-4; A1994-4;\nA1994-45; A1994-61; A1995-46\nNotice of address etc\ns 147A ins Ord1989-60\nam A1991-44; A1991-112; A1993-48\nAccess to particulars of address\ns 147B ins A1998-25\nsub A2007-8 amdt 1.14\n\nDoubtful service\ns 147C ins A1998-25\nCourt may allow time to pay\ns 148 am Ord1974-14; Ord1979-33; A1991-44; A1998-25; ss renum\nR10 LA; A2005-20 amdt 3.277\nPenalty notice\ns 149 om Ord1986-74\nDefault\ns 150 am Ord1974-14; Ord1977-34; Ord1979-33; Ord1986-74;\nOrd1989-60; A1991-112; A1993-4; A1999-79 s 5 sch 3\nam A2004-60 amdt 1.316\nParking offences—further orders in respect of natural persons\ns 150A ins Ord1989-60\nam A1991-44; A1991-112; A1993-48\nParking offences—further orders in respect of bodies corporate\ns 150B ins Ord1989-60\nam A1991-44; A1991-112; A1993-48; A1994-61\nFurther orders—service\ns 150C ins Ord1989-60\nDefault notice\ns 151 orig s 151 renum as s 185\nSpecial arrangements\ns 152 orig s 152 renum as s 186\nam A2006-23 amdt 1.242; A2008-19 amdt 1.86\n\nNotice for suspension of driver licence etc\ns 153 am Ord1937-28; Ord1940-22; Ord1989-60; A1991-44\nsub A1999-79 s 5 sch 3\nam A2006-23 amdt 1.243; A2008-19 amdt 1.87\nParking offences—instalment payments\ns 153A ins Ord1989-60\nConsequence of non-compliance with certain orders\ns 153B ins Ord1989-60\nPart payments\ns 153C ins Ord1989-60\nAccess to personal information\ns 154 orig s 154 renum as s 187\nsub A2007-8 amdt 1.15\nAscertainment of capacity to pay fine\ns 154A ins A1998-25\nam A2004-60 amdts 1.317-1.320\nreloc to Magistrates Court Rules 1932, pt 4 as rule 18 by\nA2004-60 amdt 1.321\nGarnishee orders and writs of execution\ns 154B ins A1998-25\nam A2004-60 amdt 1.322, amdt 1.323\nreloc to Magistrates Court Rules 1932, pt 4 as rule 19 by\nA2004-60 amdt 1.324\nApplication of Magistrates Court (Civil Jurisdiction) Rules, pt 19\ns 154C hdg sub A2004-60 amdt 1.325\ns 154C ins A1998-25\nam A2004-60 amdts 1.326-1.334\nreloc to Magistrates Court Rules 1932, pt 4 as rule 20 by\nA2004-60 amdt 1.335\n\nFine defaulters—imprisonment\ns 154D ins A1998-25\nam A2007-15 amdt 1.27; A2007-44 amdt 1.4; A2008-19\namdt 1.88\nYoung fine defaulters\ns 154E ins A2008-19 amdt 1.89\nYoung fine defaulters—no capacity to pay\ns 154F ins A2008-19 amdt 1.89\nFine amounts to be paid to registrar\ns 155 hdg am A1991-44\ns 155 am A1991-44\nsub A2005-20 amdt 3.278\nom A2006-23 amdt 1.244\nCosts to be paid to clerk by registrar of motor vehicles\ns 155A hdg am A1991-44\ns 155A ins Ord1989-60\nam A1991-44; A1991-112\nExecution to stop on payment\ns 156 am Ord1977-34\nsub A2005-20 amdt 3.278\nom A2006-23 amdt 1.244\nOutstanding fine discharged by payment\ns 157 am Ord1976-42; Ord1977-34; A1991-44; A1998-25; A2004-60\namdt 1.336\nam A2008-19 amdt 1.90\nOutstanding fine satisfied by imprisonment\ns 158 am Ord1986-74; A1991-44\nam A2007-15 amdt 1.28\nOutstanding fine satisfied by imprisonment—young fine defaulter\ns 158A ins A2008-19 amdt 1.91\n\nRemission\ns 159 hdg am A1991-44\ns 159 am A1991-44\nom A2006-23 amdt 1.245\nConviction or order quashed or set aside\ns 160 om A1994-61\nam A1999-79 s 5 sch 3\nOther enforcement provisions not affected\ns 161 am Ord1986-74\nProcedure on execution\ns 162 am Ord1953-14; Ord1967-1; A1991-44; A1994-81\nWarrant of distress after appeal\ns 163 om Ord1972-37\nMoney, Australian notes and bank notes may be seized and choses in action\nmay be seized, sued on and sold\ns 164 am Ord1990-5\nTime of application to be recorded\ns 165 am Ord1953-14; A1991-44\nWarrant of execution, when to be executed\ns 166 am Ord1967-1; A1994-81\nReciprocal enforcement of fines against bodies corporate\ndiv 3.9.3 hdg (prev pt 9 div 2A hdg) ins Ord1982-2\nrenum as div 9.2A hdg R8 LA\nrenum A2004-60 amdt 1.337\nDefinitions for div 3.9.3\ns 166A hdg sub A2004-60 amdt 1.338\ns 166A ins Ord1982-2\ndef fine am A2005-20 amdt 3.279\ndef reciprocating court sub A2005-20 amdt 3.280\ndef relevant officer am A1991-44 s 7 and sch 1\ndef State am A2004-60 amdt 1.339\n\nDeclarations relating to reciprocating courts\ns 166B ins Ord1982-2\nam A2001-44 amdts 1.2752-1.2754; A2005-20 amdt 3.281;\nA2011-28 amdt 3.178; A2025-29 amdt 4.123\nEnforcement of fine\ns 166C ins Ord1982-2\nam A1991-44; A1994-61; A2004-60 amdt 1.340, amdt 1.341;\nA2005-20 amdts 3.282-3.284; ss renum R29 LA (see\nA2005-20 amdt 3.285); A2006-40 amdts 2.145-2.147\nEffect of enforcement by reciprocating court\ns 166D ins Ord1982-2\nRegistrar to notify payment of territory fine\ns 166E hdg am A1991-44\ns 166E ins Ord1982-2\nAdverse claim to goods seized\ns 167 am Ord1953-14\nRules in Interpleader summons\ns 168 om Ord1986-74\nRight of landlord not affected\ns 169 om Ord1986-74\nOral examination of debtor as to debts owing to him\ns 170 am Ord1968-25; A1991-44\nOrder nisi for attachment of debt\ns 171 am Ord1937-28; A1991-44\nService of order nisi to bind debts\ns 172 am A1993-4\nWhere garnishee does not dispute debt\ns 173 sub Ord1968-25\nam Ord1970-15; A1991-44\nWhere garnishee disputes debt\ns 174 am Ord1986-74\n\nIssue may be filed\ns 175 om A1994-61\nWhere third party claims lien or charge on debt\ns 176 om A1994-61\nCourt may order warrant to levy amount or issue to be tried\ns 177 om A1994-61\nPayment by debtor under order to be valid discharge\ns 178 am Ord1937-28\nDebt attachment book\ns 179 am A1991-44\nCosts of attachment\ns 180 om A1994-61\nDefendants in civil cases not to be imprisoned except under certain\ncircumstances\ns 181 am Ord1937-28; A1991-44\nWarrant in default of compliance\ns 182 am A1991-44\nEx parte order of commitment\ns 183 am A1991-44\nEnforcement of criminal decisions—other provisions\ndiv 3.9.4 hdg (prev pt 9 div 6 hdg) renum as div 9.6 hdg R8 LA\nsub and renum A2004-60 amdt 1.342\nEnforcement of costs against informant\ns 184 orig s 184 am A1991-44\nins A1998-25 s 17\nCommittal to prison—orders not involving payment of amount\ns 185 orig s 185 sub Ord1967-1\n(prev s 151) am Ord1977-34; A1996-6\nrenum A1998-25\nam A2005-20 amdts 3.286-3.288\n\nWarrant of commitment to prison\ns 186 orig s 186 om A1994-61\n(prev s 152) sub A1996-6\nrenum A1998-25\nam A1998-67; ss renum R10 LA\nWarrant of commitment if defendant already in prison\ns 187 orig s 187 om A1994-61\n(prev s 154) renum A1998-25\nam A2005-20 amdt 3.289\nMitigation of payment by court\ns 188 am Ord1967-1; Ord1982-3; Ord1985-41; Ord1990-5;\nA1994-81\nScale of imprisonment for nonpayment of money\ns 189 am Ord1967-1; Ord1977-34; Ord1978-46\nam A1994-61\nProceeds of warrants of execution\ns 190 sub Ord1986-74\nam Ord1990-5; A1991-44\nAccounts to be kept of amounts received\ns 191 hdg am A2001-44 amdt 1.2755\nsub A2004-60 amdt 1.343\ns 191 am Ord1967-1; Ord1979-33; A1991-44; A1994-81; A2001-44\namdt 1.2756; A2004-60 amdt 1.344, amdt 1.345; A2006-23\namdt 1.247\nExecutors and administrators may enforce orders in civil matters\ns 192 am A1991-44\nForfeited goods may be sold\ns 193 am Ord1990-5; A2005-20 amdt 3.290\nEnforcement order not void for form only\ns 194 hdg sub A2006-40 amdt 2.148\ns 194 am A1994-61\nsub A2006-23 amdt 1.248\nam A2006-40 amdt 2.149\n\nConvictions etc to be given to Supreme Court registrar\ns 195 am Ord1937-28; A1992-23\nsub A2005-20 amdt 3.291\nDefinitions for pt 10\ns 196 am Ord1937-28\nam A1992-37; A2000-60 s 4\nPower to make\ns 197 sub A1990-65\nEntitlement to apply\ns 198 sub A1990-65\nam A1998-38; A2000-60 s 5\nPowers exercisable in care and protection proceedings\ns 198A ins A1999-64 s 4 sch 2\nSpecial requirements—applications by community advocate or employer\ns 198B ins A2000-60 s 6\nHearing dates\ns 199 am Ord1937-28\nParties—applications by persons other than aggrieved persons\ns 200 am Ord1937-28\nam A1998-38; A2000-60 s 7\nParties—applications involving children\ns 201 sub A1990-65\nRepresentation of children\ns 202 sub A1990-65\nHearing of applications\ns 203 sub A1990-65\nam A1995-46; A1999-34\n\nMatters to be taken into account\ns 204 sub A1990-65\nRestrictions in orders\ns 205 am Ord1986-74\nConsent orders\ns 206 sub A1990-65\nJurisdiction under s 206\ns 206AA ins A1999-34\nService of applications\ns 206A ins A1990-65\nam A1991-44; A2000-60 s 8; A2001-44 amdt 1.2757\nProcedure in absence of respondent\ns 206B ins A1990-65\nInterim restraining orders\ns 206C ins A1990-65\nSeizure of firearms\ns 206D ins A1990-65\nam A1991-9; A1996-74; A1997-25\nExplaining proposed orders\ns 206E ins A1990-65\nam A1992-37\nCounselling\ns 206F ins A1990-65\nPower of court to make orders where person charged\ns 206G ins A1990-65\nDuration of orders\ns 206H ins A1990-65\n\nExercise of certain powers by registrar\ns 206I ins A2001-70 amdt 1.67\nVariation and revocation of orders\ns 206J ins A1990-65\nam A1991-44; A1999-64 s 4 sch 2\nService etc of orders\ns 206K ins A1990-65\nam A1991-44; A1996-51; A2001-44 amdt 1.2758, amdt 1.2759\nOffence\ns 206L ins A1990-65\nam A1992-37; A1994-81; A1997-25\nService other than personal service\ns 206M ins A1990-65\nService by police officers\ns 206N ins A1990-65\nRestriction on publication of reports of proceedings\ns 206P ins A1990-65\nam A1994-81; A1998-38\nLimits of restriction on publication\ns 206PA ins A1998-38\nApplication not invalid only because made under wrong Act\ns 206PB ins A1998-38\nAppeals\ns 206Q ins A1990-65\nam A1995-46\nApplication of Crimes Act\ns 206R ins A1990-65\nCriminal appeals\npt 3.10 hdg (prev pt 11 hdg) sub Ord1972-37\nsub and renum A2004-60 amdt 1.346\n\nCriminal appeals—jurisdiction of Supreme Court\ndiv 3.10.1 hdg (prev pt 11 div 1 hdg) ins Ord1972-37\nrenum as div 11.1 hdg R8 LA\nsub and renum A2004-60 amdt 1.347\nJurisdiction of Supreme Court\ns 207 sub Ord1937-28\nam Ord1967-1; Ord1968-25\nam Ord1985-67; A1990-65; A2001-90 amdt 1.80; A2004-60\namdts 1.348-1.350; A2005-5 s 30; A2008-44 amdt 1.79\nAppeals in criminal matters\ndiv 3.10.2 hdg (prev pt 11 div 2 hdg) ins Ord1972-37\nrenum as div 11.2 hdg R8 LA\nsub and renum A2004-60 amdt 1.351\nAppeals to which div 3.10.2 applies\ns 208 hdg sub A2004-60 amdt 1.352\ns 208 sub Ord1937-28\nam Ord1953-14; Ord1958-12; Ord1968-25\nam Ord1984-16; Ord1985-41; Ord1985-67; Ord1986-33;\nOrd1986-74; A1990-65; A1992-9; A1994-61; A1996-6;\nA2004-60 amdts 1.353-1.355; A2005-7 s 16; pars renum R27\nLA (see A2005-7 s 17); A2006-23 amdt 1.249; A2006-55\ns 14, s 15; A2011-13 amdt 1.12; ss renum R67 LA; A2013-12\ns 39; A2023-33 amdt 1.9, amdt 1.10\nAppeals in other cases\ns 208A ins Ord1958-12\nam Ord1967-1; Ord1968-25\nSubstituted service of notice of appeal\ns 208B ins Ord1958-12\nInstitution of appeal\ns 209 am Ord1934-17\nsub Ord1937-28\nam Ord1984-61; Ord1985-67\nsub Ord1986-74\nam A2005-5 s 31; A2005-7 s 18; A2006-40 amdt 2.150;\nA2021-6 s 19\n\nSubstituted service of notice of appeal\ns 210 am Ord1934-17\nsub Ord1937-28; Ord1972-37\nWhen appeal deemed to be duly instituted\ns 211 sub Ord1937-28; Ord1972-37; Ord1985-18\nWhen appeal deemed to be duly instituted\ns 212 sub Ord1937-28; Ord1958-12\nom Ord1985-18\nIncrease in amount of security\ns 213 sub Ord1937-28; Ord1972-37\nom Ord1985-18\nAppeals in cases other than civil cases\ns 214 sub Ord1937-28\nam Ord1984-61; A1990-65; A2004-60 amdt 1.356; A2005-20\namdt 3.292\nAppeals in relation to grant of bail\ns 214A ins Ord1986-33\nAppeals in civil cases\ns 215 om Ord1937-28\nStay of execution pending appeal in certain cases\ns 216 om Ord1937-28\nam Ord1984-62; Ord1986-74; A1992-9; A1995-41; A2005-7\ns 19; A2006-23 amdt 1.250, amdt 1.251; A2008-29\namdt 1.32; A2011-22 amdt 1.311\nsub A2012-13 amdt 1.40\nExecution not to be stayed in other cases except by order of Supreme Court\ns 217 om Ord1937-28\n\nOrders by Supreme Court on appeals\ns 218 om Ord1937-28\nsub Ord1984-61\nam Ord1985-67; A2004-60 amdt 1.357, amdt 1.358\nNo right of appeal under div 3.10.2 if review appeal\ns 219 hdg sub A2004-60 amdt 1.359\ns 219 om Ord1937-28\nam Ord1985-67; Ord1986-74; A2004-60 amdt 1.360,\namdt 1.361\nsub A2008-44 amdt 1.80\nReference appeals in criminal matters\ndiv 3.10.2A ins A2005-5 s 32\nWhat is a reference appeal?\ns 219A ins A2005-5 s 32\nReference appeal in relation to proceeding\ns 219AB hdg sub A2008-42 s 12\ns 219AB ins A2005-5 s 32\nam A2006-55 s 15; A2006-40 amdt 2.151; A2008-42 s 13,\ns 14; A2011-30 amdt 1.11\nWho may be heard at reference appeal\ns 219AC ins A2005-5 s 32\nam A2008-42 s 15\nReference appeal decision does not affect verdict\ns 219AD ins A2005-5 s 32\nsub A2008-42 s 16\nReview appeals in criminal matters\ndiv 3.10.3 hdg (prev pt 11 div 3 hdg) ins Ord1972-37\nrenum as div 11.3 hdg R8 LA\nsub and renum A2004-60 amdt 1.362\nsub A2008-44 amdt 1.81\nInterpretation\ns 219A ins Ord1972-37\n\nDecisions subject to review appeal\ns 219B hdg sub A2008-44 amdt 1.82\ns 219B ins Ord1972-37\nam Ord1974-14; Ord1979-41; Ord1984-16; Ord1985-41;\nOrd1985-67; Ord1990-9; A1994-61; A1996-6; pars renum\nR10 LA; A2004-60 amdts 1.363-1.366; A2005-20\namdt 3.293; A2006-23 amdt 1.252; A2006-55 s 16; A2008-44\namdt 1.83; A2011-13 amdt 1.13\nsub A2023-33 amdt 1.11\nHow review appeal is instituted\ns 219C ins Ord1972-37\nam Ord1974-14; Ord1979-41; Ord1984-61; Ord1985-41;\nOrd1985-67; Ord1990-9; A1996-6; pars renum R10 LA;\nA2005-5 s 33; A2005-20 amdts 3.294-3.296; pars and\nss renum R29 LA (see A2005-20 amdt 3.297)\nsub A2008-44 amdt 1.84\nGrounds for review\ns 219D ins Ord1972-37\nam Ord1985-41; Ord1985-67; Ord1990-9; A1992-9; A1996-6;\nss renum R10 LA\nom A2006-40 amdt 2.152\nins A2008-44 amdt 1.84\nReport by Magistrate\ns 219E ins Ord1972-37\nom A2006-40 amdt 2.152\nins A2008-44 amdt 1.84\nPowers of Supreme Court\ns 219F ins Ord1972-37\nam Ord1974-14; Ord1979-41; Ord1985-41; Ord1985-67;\nOrd1990-9; ss and pars renum R10 LA; A2004-60\namdt 1.367; A2006-40 amdt 2.153; A2008-44\namdts 1.85-1.88\nInterpretation\ns 219G ins Ord1984-62\nam Ord1986-74\nWarrant of apprehension of appellant\ns 219H ins Ord1984-62\nPower of Court where person apprehended\ns 219J ins Ord1984-62\n\nEffect of apprehension of appellant\ns 219K ins Ord1984-62\nStay of execution not affected\ns 219L ins Ord1984-62\nCriminal appeals—other provisions\ndiv 3.10.4 hdg (prev pt 11 div 4 hdg) ins Ord1972-37\nrenum as div 11.4 hdg R8 LA\nsub and renum A2004-60 amdt 1.368\nForfeiture of recognisance\ns 220 am Ord1937-28; Ord1972-37\nsub Ord1984-62\nMagistrate may order appellant to be liberated\ns 221 om Ord1937-28\nControl of Supreme Court over summary convictions\ns 222 am Ord1937-28; Ord1985-67; Ord1986-74; A2005-20\namdts 3.298-3.300; A2006-23 amdts 1.253-1.255; A2006-40\namdt 2.154\nAmendment of documents\ns 223 am Ord1937-28; Ord1985-67; Ord1986-74\nsub A2005-20 amdt 3.301\nam A2006-23 amdt 1.256\nIn cases of certiorari order\ns 224 hdg sub A2006-40 amdt 2.155\ns 224 am Ord1937-28; A2005-20 amdt 3.302; A2006-40 amdt 2.156\nNotice dispensed with\ns 225 am Ord1937-28; Ord1967-1; Ord1985-17; A2005-20\namdt 3.302; A2006-40 amdt 2.157, amdt 2.158\nPower of court to admit to bail\ns 226 am Ord1937-28; A1992-9; A2005-20 amdt 3.302; A2006-23\namdt 1.257; A2006-40 amdt 2.159\nRespecting the amendment of convictions etc\ns 227 am Ord1937-28; Ord1985-67; A1996-6; A2005-20 amdt 3.302\nNo summons or information\ns 228 am Ord1986-74\nsub A2005-20 amdt 3.303\n\nProvisions applicable in relation to security given for costs of appeal\ns 230 am Ord1937-28\nam Ord1985-18; A1991-44\nom A2006-40 amdt 2.160\nMagistrate sued for act not within jurisdiction\ns 231 reloc as s 17A\nNo action against magistrate after order nisi to quash conviction has been\ngranted\ns 232 reloc as s 17B\nWarrant or writ by magistrate on order of court\ns 233 reloc as s 17C\nNo action for acts done under order of Supreme Court\ns 234 reloc as s 17D\nNo action where proceedings confirmed on appeal\ns 235 reloc as s 17E\nActions in cases prohibited\ns 236 reloc as s 17F\nLimitation of actions\ns 237 om Ord1985-66\nNotice of actions\ns 238 om Ord1985-66\nPayment of amounts into court\ns 239 reloc as s 17G\nNo action against magistrate for judicial acts in Magistrates Court\ns 240 reloc as s 17H\nMagistrate sued for acts within his or her jurisdiction only liable in case of\nmalice and absence of reasonable and probable cause\ns 241 reloc as s 17I\nVerdict for defendant\ns 242 reloc as s 17J\nDamages\ns 243 reloc as s 17K\nCosts in criminal matters\npt 3.11 hdg (prev pt 13 hdg) sub Ord1953-14\nam A1994-4\nsub and renum A2004-60 amdt 1.371\n\nCosts in criminal matters\ns 244 hdg sub A2004-60 amdt 1.372\ns 244 am Ord1937-28; Ord1953-14; Ord1986-74; A1994-61;\nA2004-60 amdts 1.373-1.375\nsub A2008-44 amdt 1.89\nCourt fees\ns 245 sub Ord1953-14; Ord1980-10\nam A1991-38; A1991-44\nRemission of fees\ns 245A ins Ord1937-28\nsub Ord1986-83\nam Ord1989-55; Ord1990-5; A1991-44; A1993-4\nSolicitor’s costs\ns 246 sub Ord1937-28\nWitnesses expenses\ns 247 sub Ord1953-14; Ord1967-1\nam A1996-6; A2004-60 amdt 1.376\nreloc to Magistrates Court Rules 1932, pt 4 as rule 21 by\nA2004-60 amdt 1.377\nMeaning of security—pt 3.12\ns 248 om A1994-61 s 49\nins A2001-1 s 3 sch\nam A2001-18 s 174\nins A2010-21 amdt 1.12\nDetermination of fees\ns 248A ins Ord1974-14\nam Ord1986-53; Ord1990-5\nam A1997-94; A1998-25\nam A2001-44 amdt 1.2760\n\nPayment of fees\ns 248B ins Ord1974-14\nam Ord1986-53; Ord1990-5\nam A2001-44 amdt 1.2761\nRemission, refund, deferral, waiver and exemption of fees\ns 248C ins Ord1974-14\nam A1994-45; No. A1995-46; A1997-96; A1999-66 sch 3;\nA1999-64 s 4 sch 2\nam A2002-36 s 4\n(4), (5) exp 11 October 2003 (s 248C (5))\nRecovery of fees in non-criminal proceedings if fees otherwise not payable\ns 248D ins Ord1974-14\nam Ord1986-53\nRecovery of fees in criminal proceedings if fees not otherwise payable\ns 248E ins A1994-4\nReview of decisions\ns 248F ins A1994-4\nSecurities in criminal matters\npt 3.12 hdg (prev pt 14 hdg) sub and renum A2004-60 amdt 1.379\nSecurities taken under Act\ns 249 am A1991-44; A2004-60 amdts 1.380-1.383; A2005-20\namdt 3.304; A2010-21 amdt 1.13\nRecovery of amount due under security\ns 250 ins Ord1937-28\nam Ord1986-74; A1991-44; A1992-9; A2004-60 amdt 1.384;\nA2006-23 amdt 1.258; A2010-21 amdt 1.13\n\nEnforcement of payment of sum due by principal\ns 251 om Ord1937-28\nam A2006-23 amdt 1.258; A2010-21 amdt 1.13\nSums paid by surety may be recovered from principal\ns 252 am Ord1937-28; Ord1986-74; A1992-9; A2004-60 amdt 1.384;\nA2006-23 amdt 1.258; A2010-21 amdt 1.13\nPayment enforced by security\ns 253 am A1992-9; A2004-60 amdt 1.384; A2006-23 amdt 1.258;\nA2010-21 amdt 1.13\nEnforcement of recognisance\ns 254 sub Ord1974-14\nam Ord1986-53; Ord1986-74; Ord1990-5; A1991-44; A1992-9;\nA1994-61; A2006-23 amdt 1.259; A2006-40 amdt 2.161,\namdt 2.162\nDirections about procedure\ns 254A reloc as s 309\nAppearance by audiovisual or audio links\ns 254B reloc as s 311\nContempt in face of court\ns 255 reloc as s 290\nFailure to give evidence—offence\ns 255AA reloc as s 291\nFailure to give evidence—committal\ns 255AB reloc as s 312\nCommitment to remand centre\ns 255A reloc as s 313\nRegistrar to give directions for preparation of transcript\ns 255B reloc as s 314\nApplications for transcripts\ns 255C reloc as s 315\nCivil proceedings\nch 4 hdg ins A2004-60 amdt 1.386\nCommencement of proceedings\npt 4 hdg renum as pt 3.3 hdg\npt 4.1 hdg ins A2004-60 amdt 1.386\ndiv 4.1 hdg renum as div 3.3.1 hdg\n\nApplication of ch 4\ns 256 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 256 am Ord1967-1; Ord1970-15; Ord1974-14; Ord1979-33;\nA1993-4; A2001-44 amdts 1.2762-1.2764\n(8)-(11) exp 12 September 2002 (s 256 (11))\nom A2004-60 amdt 1.412\nam A2005-13 amdt 1.43; A2008-46 amdt 3.40; A2016-42\namdt 3.79\nCivil jurisdiction\npt 4.2 hdg ins A2004-60 amdt 1.386\ndiv 4.2 hdg renum as pt 3.3.2 hdg\nPersonal actions at law—amount or value\ns 257 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 257 am Ord1937-28\nins A1991-38\nam A2011-13 amdt 1.14; A2019-17 s 30; A2019-32 s 11\nPower of court to grant relief\ns 258 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 258 am Ord1932-21; Ord1937-28; Ord1953-14; Ord1986-74;\nOrd1990-5; A1991-44; A2001-44\namdts 1.2765-1.2768\nom A2004-60 amdt 1.412\nRules of equity to prevail\ns 259 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 259 ins A1999-34\nom A2001-90 amdt 1.81\nNuisance\ns 260 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 260 ins A2004-60 amdt 1.386\nDisputed debts\ns 261 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 261 ins A2004-60 amdt 1.386\nam A2011-13 amdt 1.15\nCause of action arising, or defendant resident, outside ACT\ns 262 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 262 ins A2004-60 amdt 1.386\n\nRequests under conventions relating to legal proceedings in civil and\ncommercial matters\ns 263 ins A2004-60 amdt 1.386\nProceedings affecting title to land\ns 264 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 264 ins A2004-60 amdt 1.386\nDisputes under Residential Tenancies Act\ns 265 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 265 ins A2004-60 amdt 1.386\nComplaints under Utilities Act, pt 12\ns 266 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 266 ins A2004-60 amdt 1.386\nam A2008-22 amdt 1.36\nsub A2008-36 amdt 1.480\nam A2023-33 amdt 2.31\nCivil disputes under ACT Civil and Administrative Tribunal Act\ns 266A ins A2008-37 amdt 1.322\nam A2016-28 amdt 1.12; A2018-9 s 104; A2019-32 s 12;\nA2023-33 amdt 2.32\nEnforcement of ACT Civil and Administrative Tribunal order—representation\ns 266B ins as mod SL2009-2 mod 4.1 (as ins by SL2009-51 s 8)\nmod lapsed 22 December 2009 (SL2009-2 mod 4.1 om by\nA2009-54 amdt 1.5)\nins A2009-54 amdt 1.8\nFair work claims\npt 4.2A hdg ins A2019-32 s 13\nObject of pt 4.2A\ns 266C ins A2019-32 s 13\nApplication of pt 4.2A\ns 266D ins A2019-32 s 13\nDefinitions—pt 4.2A\ns 266E ins A2019-32 s 13\ndef civil remedy provision ins A2019-32 s 13\ndef eligible State or Territory court ins A2019-32 s 13\ndef fair work claim ins A2019-32 s 13\ndef fair work general claim ins A2019-32 s 13\ndef fair work small claim ins A2019-32 s 13\ndef official ins A2019-32 s 13\nFair work claim—compulsory mediation\ns 266F ins A2019-32 s 13\n\nFair work small claim—representation by official of industrial association\ns 266G ins A2019-32 s 13\nFair work small claim that is fair work general claim\ns 266H ins A2019-32 s 13\nCombined fair work matter—procedure if removed from ACAT\ns 266I ins A2019-32 s 13\nFair work claim—deciding or adjourning proceedings\ns 266J ins A2019-32 s 13\nCase stated for Supreme Court\npt 4.3 hdg (prev pt 4 div 3 hdg) om A1986-74\nCase stated\ns 267 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 267 ins A2004-60 amdt 1.386\nam A2008-36 amdt 1.481\nTransfer of proceedings from or to Supreme Court\npt 4.4 hdg ins A2004-60 amdt 1.386\nSummonses\ndiv 4.4 hdg renum as div 3.3.3 hdg\nTransfer of action from Supreme Court\ns 268 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 268 ins A2004-60 amdt 1.386\nam A2014-1 s 26; ss renum R72 LA; A2015-10 s 34, s 35;\nss renum R73 LA\nProcedure on transfer of action from Supreme Court\ns 269 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 269 ins A2004-60 amdt 1.386\nam A2006-40 amdt 2.163\nRemoval of proceedings into Supreme Court\ns 270 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 270 ins A2004-60 amdt 1.386\nStay of proceedings\ns 271 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 271 ins A2004-60 amdt 1.386\nCivil appeals\npt 4.5 hdg ins A2004-60 amdt 1.386\nWarrants of arrest\ndiv 4.5 hdg renum as div 3.3.4 hdg\n\nMeaning of appeal—pt 4.5\ns 272 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 272 ins A2004-60 amdt 1.386\nsub A2008-36 amdt 1.482\nJurisdiction\ns 273 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 273 ins A2004-60 amdt 1.386\nCases in which appeal may be brought\ns 274 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 274 ins A2004-60 amdt 1.386\nam A2008-36 amdt 1.483\nAppeals—Small Claims Court\ns 275 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 275 ins A2004-60 amdt 1.386\nom A2008-36 amdt 1.484\nEvidence on appeal\ns 276 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 276 ins A2004-60 amdt 1.386\nPowers of Supreme Court on appeal\ns 277 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 277 ins A2004-60 amdt 1.386\nSmall Claims Court\npt 4.6 hdg ins A2004-60 amdt 1.386\nDefinitions for pt 4.6\ns 278 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 278 ins A2004-60 amdt 1.386\nSmall Claims Court\ns 279 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 279 ins A2004-60 amdt 1.386\nReferees—appointment\ns 280 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 280 ins A2004-60 amdt 1.386\nReferees—functions\ns 281 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 281 ins A2004-60 amdt 1.386\n\nReferees—oath or affirmation of office\ns 282 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 282 ins A2004-60 amdt 1.386\nJurisdiction\ns 283 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 283 ins A2004-60 amdt 1.386\n$10 000 limit\ns 284 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 284 ins A2004-60 amdt 1.386\nAdmissibility of conference proceedings in inquiries\ns 285 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 285 ins A2004-60 amdt 1.386\nSmall Claims Court’s seal\ns 286 ins A2005-60 amdt 1.108\nThe Childrens Court\nch 4A hdg ins A2008-19 amdt 1.92\nThe Childrens Court\npt 4A.1 hdg ins A2008-19 amdt 1.92\nChildrens Court\ns 287 ins A2008-19 amdt 1.92\nam A2018-6 s 19\nJurisdiction of Childrens Court\ns 288 ins A2008-19 amdt 1.92\nam A2011-13 amdt 1.16; A2013-12 s 40; A2023-33 amdt 1.12;\nA2024-34 amdt 1.2\nProcedure for proceedings where children jointly charged with adults\ns 289 hdg sub A2013-12 s 41\ns 289 ins A2008-19 amdt 1.92\nam A2008-44 amdt 1.90; A2013-12 s 42\n\nChief Magistrate to arrange business of Childrens Court\ns 290 (prev s 255) am Ord1967-1; Ord1972-37; Ord1990-5\nam A1994-66; A1994-81; A1999-22 s 23; ss renum R10 LA;\nA2004-60 amdt 1.391\nrenum A2004-60 amdt 1.392\nam A2005-53 amdt 1.108; ss renum R30 LA (see A2005-53\namdt 1.109)\nom A2006-55 s 17\nins A2008-19 amdt 1.92\nam A2018-6 s 20\nChildrens Court Magistrate to hear all matters\ns 291 hdg (prev s 255AA hdg) sub A2004-60 amdt 1.393\ns 291 (prev s 255AA) ins A1994-61\nam A1995-46; A1996-6; A1998-25; A1998-54; A2004-60\namdt 1.394, amdt 1.395\nreloc from s 255AA by A2004-60 amdt 1.396\nom A2005-53 amdt 1.110\nins A2008-19 amdt 1.92\nam A2018-6 s 21, s 22; ss renum R83 LA\npt 4A.2 hdg ins A2008-19 amdt 1.92\ns 291A ins A2008-19 amdt 1.92\nam A2011-28 amdt 3.178; A2018-6 ss 23-25; A2025-29\namdt 4.123\nActing Childrens Court Magistrate\ns 291B ins A2008-19 amdt 1.92\nam A2018-6 ss 26-28\nAssignment of other magistrates for Childrens Court matters\ns 291C ins A2008-19 amdt 1.92\nam A2014-1 s 27; ss renum R72 LA; A2018-6 s 29, s 30\nCompletion of part-heard matters\ns 291D ins A2008-19 amdt 1.92\nam A2018-6 s 31\nCriminal proceedings\npt 4A.3 hdg ins A2008-19 amdt 1.92\nProcedures for hearing indictable offences\ns 291E ins A2008-19 amdt 1.92\nChildrens Court may adjourn hearings to allow access to legal advice\ns 291F ins A2008-19 amdt 1.92\n\nChildrens Court may send cases to Supreme Court for sentencing\ns 291G ins A2008-19 amdt 1.92\nam A2014-1 s 28\nWarrumbul Court\npt 4A.4 hdg ins A2018-6 s 32\nWarrumbul Court\ns 291GA ins A2018-6 s 32\nDirections about procedure for Warrumbul Court\ns 291GB ins A2018-6 s 32\nThe Family Violence Court\nch 4B hdg ins A2011-13 amdt 1.17\npt 4B.1 hdg ins A2011-13 amdt 1.17\nMeaning of family violence offence\ns 291H ins A2011-13 amdt 1.17\nsub A2016-42 amdt 3.80\nPurpose—ch 4B\ns 291I ins A2011-13 amdt 1.17\nam A2016-42 amdt 3.81\nThe Family Violence Court\npt 4B.2 hdg ins A2011-13 amdt 1.17\nFamily Violence Court\ns 291J ins A2011-13 amdt 1.17\nJurisdiction of Family Violence Court\ns 291K ins A2011-13 amdt 1.17\nam A2016-42 amdt 3.81; A2023-33 amdt 1.13\nGalambany Court\nch 4C hdg ins A2011-13 amdt 1.17\nDefinitions—ch 4C\ns 291L ins A2011-13 amdt 1.17\ndef Aboriginal or Torres Strait Islander offender ins\nA2011-13 amdt 1.17\nam A2011-52 amdt 3.137\ndef circle sentencing ins A2011-13 amdt 1.17\nGalambany Court\ns 291M ins A2011-13 amdt 1.17\n\nDirections about procedure for Galambany Court\ns 291N ins A2011-13 amdt 1.17\nThe Industrial Court\nch 4D hdg ins A2013-43 s 4\npt 4D.1 hdg ins A2013-43 s 4\nDefinitions—ch 4D\ns 291O ins A2013-43 s 4\ndef industrial or work safety matter ins A2013-43 s 4\ndef industrial or work safety offence ins A2013-43 s 4\nThe Industrial Court\npt 4D.2 hdg ins A2013-43 s 4\nIndustrial Court\ns 291P ins A2013-43 s 4\nJurisdiction of Industrial Court\ns 291Q ins A2013-43 s 4\nam A2016-22 s 21; A2019-32 s 14, s 15; A2023-33 amdt 1.14\nChief Magistrate to arrange business of Industrial Court\ns 291R ins A2013-43 s 4\nIndustrial Court Magistrate to hear all matters\ns 291S ins A2013-43 s 4\nTransfer of industrial or work safety matter to Supreme Court\ns 291T ins A2013-43 s 4\nIndustrial Court Magistrate\npt 4D.3 hdg ins A2013-43 s 4\nIndustrial Court Magistrate\ns 291U ins A2013-43 s 4\nActing Industrial Court Magistrate\ns 291V ins A2013-43 s 4\nAssignment of other magistrates for Industrial Court matters\ns 291W ins A2013-43 s 4\nIndustrial Court—completion of part-heard matters\ns 291X ins A2013-43 s 4\nch 5 hdg (prev pt 15 hdg) sub and renum A2004-60 amdt 1.387\nHearing\npt 5 hdg renum as pt 3.4 hdg\n\nOffences\npt 5.1 hdg ins A2004-60 amdt 1.387\ndiv 5.1 hdg renum as div 3.4.1 hdg\nEvidence\ndiv 5.2 hdg renum as div 3.4.2 hdg\nRemand\ndiv 5.3 hdg renum as div 3.4.3 hdg\nCommittal and recognisance\ndiv 5.4 hdg renum as div 3.4.4 hdg\nAdjournment of proceedings\ndiv 5.5 hdg renum as div 3.4.5 hdg\nFailure to comply with order in nuisance action\ns 292 hdg ins A2004-60 amdt 1.412\ns 292 reloc from Magistrates Court (Civil Jurisdiction) Act 1982\ns 8 (2) by A2004-60 amdt 1.450\nFailure to comply with Magistrates Court subpoena\ns 293 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 293 (1) reloc from Magistrates Court (Civil Jurisdiction) Act 1982\ns 187 (7) by A2004-60 amdt 1.488\n(2), (3) ins A2004-60 amdt 1.412\nom A2005-53 amdt 1.111\nFailure to comply with judgment for delivery of detained goods\ns 294 hdg ins A2004-60 amdt 1.412\ns 294 reloc from Magistrates Court (Civil Jurisdiction) Act 1982\ns 217 (4) by A2004-60 amdt 1.502\nFalse or misleading statement by garnishee\ns 295 hdg ins A2004-60 amdt 1.412\ns 295 reloc from Magistrates Court (Civil Jurisdiction) Act 1982\ns 329 (2) by A2004-60 amdt 1.524\nObligations of judgment creditor if garnishee pays too much\ns 296 hdg ins A2004-60 amdt 1.412\ns 296 reloc from Magistrates Court (Civil Jurisdiction) Act 1982\ns 337 (1) by A2004-60 amdt 1.527\n\nNotice to be given if judgment debtor ceases employment\ns 297 hdg ins A2004-60 amdt 1.412\ns 297 reloc from Magistrates Court (Civil Jurisdiction) Act 1982\ns 340 (1) by A2004-60 amdt 1.531\nPrejudice to employee\ns 298 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 s 341\nby A2004-60 amdt 1.535\nInterference with seized property etc\ns 299 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 s 379\nby A2004-60 amdt 1.537\nFailure to comply with Small Claims Court subpoena\ns 300 hdg bracketed note exp 10 January 2006 (s 3 (3))\ns 300 (1) reloc from Magistrates Court (Civil Jurisdiction) Act 1982\ns 448 (1) by A2004-60 amdt 1.563\n(2), (3) ins A2004-60 amdt 1.412\nom A2005-53 amdt 1.112\nWitness before Small Claims Court to answer questions\ns 301 reloc from Magistrates Court (Civil Jurisdiction) Act 1982 s 449\nby A2004-60 amdt 1.568\nom A2005-53 amdt 1.112\nContravention of Small Claims Court order in trespass proceeding\ns 302 hdg ins A2004-60 amdt 1.412\ns 302 reloc from Magistrates Court (Civil Jurisdiction) Act 1982\ns 460 (2) by A2004-60 amdt 1.574\nom A2008-36 amdt 1.486\nOther\npt 5.2 hdg ins A2004-60 amdt 1.412\nContempt of court\ns 307 ins A2006-55 s 18\nMagistrates Court’s seal\ns 308 ins A2005-60 amdt 1.109\nDirections about procedure\ns 309 (prev s 254A) ins Ord1989-59\nreloc by A2004-60 amdt 1.385\nsub A2006-55 s 19; A2011-13 amdt 1.18\nam A2018-6 s 34\n\nHearings generally to be in public\ns 310 hdg (prev s 51 hdg) sub A2004-60 amdt 1.224\ns 310 (prev s 51) am Ord1986-74\nam A2004-60 amdts 1.225-1.227\nreloc by A2004-60 amdt 1.228\nam A2008-36 amdt 1.487\nAppearance by audiovisual or audio links etc\ns 311 (prev s 254B) ins A1999-22 s 22\nam A2000-17 s 3 sch 1; A2003-48 amdt 2.11; A2004-60\namdt 1.388; ss renum R26 LA (see A2004-60 amdt 1.389)\nreloc by A2004-60 amdt 1.390\nam A2005-20 amdt 3.305\nsub A2006-55 s 20\nam A2010-40 amdt 2.17; A2018-9 s 105\nFailure to give evidence—committal\ns 312 hdg (prev s 255AB hdg) sub A2004-60 amdt 1.397\ns 312 (prev s 255AB) ins A1994-61\nam A1995-46; A2004-60 amdts 1.398-1.400\nreloc by A2004-60 amdt 1.401\nsub A2005-53 amdt 1.113\nam A2006-23 amdts 1.260-1.262; A2011-22 amdt 1.311\nCommitment to remand centre\ns 313 (prev s 255A) ins Ord1976-42\nam A1995-41; A1996-6; A1998-25\nreloc by A2004-60 amdt 1.402\nom A2006-23 amdt 1.263\nRegistrar to give directions for preparation of transcript\ns 314 hdg (prev s 255B hdg) am A1991-44\ns 314 (prev s 255B) ins Ord1980-4\nam Ord1986-71; A1991-44; A2004-60 amdt 1.403\nreloc by A2004-60 amdt 1.404\nApplications for transcripts\ns 315 (prev s 255C) ins Ord1980-4\nam Ord1986-71; Ord1986-83; Ord1988-45; A1991-38;\nA1991-44; A1993-4; A1994-4; A1999-22 s 24; A2004-60\namdts 1.405-1.409; ss renum R26 LA (see A2004-60\namdt 1.410)\nreloc by A2004-60 amdt 1.411\n\nRecord of proceedings\ns 316 hdg (prev s 54A hdg) sub A2004-60 amdt 1.229\ns 316 (prev s 54A) ins Ord1980-4\nam Ord1985-41; Ord1986-71; Ord1986-74; Ord1986-83;\nOrd1990-5; A1991-44; A1991-106; A1999-22 s 19; A1999-66\nsch 3; A2000-17 s 3 sch 1; ss renum R10 LA; A2003-48\namdt 2.9; A2004-60 amdt 1.230\nreloc by A2004-60 amdt 1.231\npars renum R26 LA\nam A2005-20 amdt 3.306; A2010-40 amdt 2.18; A2013-45\namdt 1.10; A2018-9 s 105\nRecord of proceedings and transcript\ns 317 (prev s 60) sub Ord1958-12; Ord1967-1\nam Ord1972-37\nsub Ord1974-14; Ord1980-4\nam A1991-44; A1999-22 s 20; A2004-60 amdts 1.233-1.237\nreloc as s 317 A2004-60 amdt 1.238\nam A2011-48 amdt 1.139\nPerson about to leave ACT may be ordered to be examined or produce\ndocuments\ns 318 hdg (prev s 67 hdg) am A2004-60 amdt 1.258\ns 318 (prev s 67) am Ord1980-4; Ord1986-74; A1996-6; ss renum\nR10 LA; A2004-60 amdt 1.259, amdt 1.260\nreloc by A2004-60 amdt 1.261\nWitnesses’ rights and liabilities\ns 319 (prev s 68) am A1996-6; A2004-60 amdt 1.263, amdt 1.264\nreloc by A2004-60 amdt 1.265\nDepositions to be given to registrar\ns 320 hdg (prev s 69 hdg) am A1991-44\ns 320 (prev s 69) am Ord1958-12; Ord1967-1; Ord1980-4;\nA1991-44; A2004-60 amdts 1.266-1.268\nreloc by A2004-60 amdt 1.269\nFamily violence offence information\ns 320A hdg sub A2016-42 amdt 3.82\ns 320A ins A2011-13 amdt 1.19\nam A2016-42 amdt 3.83, amdt 3.84; A2022-11 amdts 1.4-1.6;\nA2025-29 amdt 4.123\nRegulation-making power\ns 321 ins A2004-60 amdt 1.412\nProceedings in case of indictable offences\npt 6 hdg renum as pt 3.5 hdg\n\ndiv 6.1A hdg renum as div 3.5.1 hdg\nInstitution of proceedings\ndiv 6.1 hdg renum as div 3.5.2 hdg\nProceedings subsequent to hearing of evidence\ndiv 6.2 hdg renum as div 3.5.3 hdg\nCosts\ndiv 6.2A hdg renum as div 3.5.4 hdg\nRecognisances of witnesses\ndiv 6.3 hdg renum as div 3.5.5 hdg\ndiv 6.4 hdg renum as div 3.5.6 hdg\nProceedings for offences punishable summarily\npt 7 hdg renum as pt 3.6 hdg\nService and pleading by post for certain offences\npt 7A hdg renum as pt 3.7 hdg\nInfringement notices for certain offences\npt 8 hdg renum as pt 3.8 hdg\ndiv 8.1 hdg renum as div 3.8.1 hdg\nInfringement and reminder notices\ndiv 8.2 hdg renum as div 3.8.2 hdg\nAdditional provisions for vehicle-related offences\ndiv 8.2A hdg renum as div 3.8.3 hdg\nDisputing liability\ndiv 8.3 hdg renum as div 3.8.4 hdg\ndiv 8.4 hdg renum as div 3.8.5 hdg\nEnforcement of decisions\npt 9 hdg renum as pt 3.9 hdg\ndiv 9.1 hdg renum as div 3.9.1 hdg\nEnforcement of fines\ndiv 9.2 hdg renum as div 3.9.2 hdg\nReciprocal enforcement of fines against bodies corporate\ndiv 9.2A hdg renum as div 3.9.3 hdg\n\nAdverse claims\npt 9 div 3 hdg om Ord1986-74\nAttachment of debts\npt 9 div 4 hdg om A1994-61\nImprisonment of fraudulent debtors\npt 9 div 5 hdg om A1994-61\ndiv 9.6 hdg renum as div 3.9.4 hdg\nRestraining orders\npt 10 hdg sub A1990-65\nAppeals to Supreme Court\npt 11 hdg renum as pt 3.10 hdg\nAppellate jurisdiction of Supreme Court\ndiv 11.1 hdg renum as div 3.10.1 hdg\nAppeals\ndiv 11.2 hdg renum as div 3.10.2 hdg\nOrders to review\ndiv 11.3 hdg renum as div 3.10.3 hdg\nAbsconding appellants\npt 11 div 3A hdg ins Ord1984-62\nGeneral provisions\ndiv 11.4 hdg renum as div 3.10.4 hdg\nProtection of magistrates in the execution of their office\npt 12 hdg om A2004-60 amdt 1.369\nCosts\npt 13 hdg renum as pt 3.11 hdg\nCourt and tribunal fees\npt 13A hdg orig pt 13A hdg ins Ord1974-14\nSecurities\npt 14 hdg renum as pt 3.12 hdg\n\npt 15 hdg renum as ch 5 hdg\nTransitional\npt 16 hdg ins A1999-34\nom A2001-90 amdt 1.81\nTransitional—Children and Young People Act 2008\npt 17 hdg renum as ch 10 hdg\nTransitional—Children and Young People Act 2008\nch 10 hdg (prev pt 17 hdg) ins A2008-20 amdt 1.5\nrenum as ch 10 hdg R41 LA\ns 400 ins A2008-20 amdt 1.5\nExisting proceedings in Childrens Court\ns 401 ins A2008-20 amdt 1.5\nCompletion of part-heard matters if magistrate no longer Childrens Court\nmagistrate etc\ns 402 ins A2008-20 amdt 1.5\ns 403 ins A2008-20 amdt 1.5\nexp 27 February 2011 (s 404 (1))\nExpiry—ch 10\ns 404 ins A2008-20 amdt 1.5\nTransitional—Crimes Legislation Amendment Act 2008\nch 11 hdg ins A2008-44 amdt 1.91\nApplication of amendments—indictable offences\ns 450 ins A2008-44 amdt 1.91\nApplication of certain other amendments\ns 451 ins A2008-44 amdt 1.91\nsub as mod SL2009-20 s 3 (mod lapsed on rep of SL2009-21\n(4 September 2009))\nsub A2009-24 amdt 1.40\n\nAdmissibility of certain written statements made before commencement day\ns 451A ins as mod SL2009-20 s 3 (mod lapsed on rep of SL2009-21\n(4 September 2009))\nsub A2009-24 amdt 1.40\nexp 30 May 2010 (s 453 (LA s 88 declaration applies))\ns 452 ins A2008-44 amdt 1.91\nExpiry—ch 11\ns 453 ins A2008-44 amdt 1.91\nTransitional—Sexual and Violent Offences Legislation Amendment Act 2008\nch 12 hdg ins A2008-41 s 35\nApplication of amendments\ns 460 ins A2008-41 s 35\nExpiry—ch 12\ns 461 ins A2008-41 s 35\nDeclaration and validation\nch 13 hdg ins A2016-37 amdt 1.30\nNote for ch 13 hdg ch 13 hdg also ins A2016-28 amdt 1.13\nrenum as ch 14 hdg R81 LA\nDeclaration\ns 470 ins A2016-37 amdt 1.30\nNote for s 470 s 470 also ins A2016-28 amdt 1.13\nrenum as s 473 hdg R81 LA\nValidation\ns 471 ins A2016-37 amdt 1.30\nNote for s 471 s 471 also ins A2016-28 amdt 1.13\nrenum as s 474 hdg R81 LA\n\nExpiry—ch 13\ns 472 ins A2016-37 amdt 1.30\nNote for s 472 s 472 also ins A2016-28 amdt 1.13\nrenum as s 475 hdg R81 LA\nTransitional—ACT Civil and Administrative Tribunal Amendment Act 2016\n(No 2)\nch 14 hdg (prev ch 13 hdg) ins A2016-28 amdt 1.13\nrenum as ch 14 hdg R81 LA\nExisting proceedings in Magistrates Court\ns 473 (prev s 470) ins A2016-28 amdt 1.13\nrenum as s 473 R81 LA\ns 474 (prev s 471) ins A2016-28 amdt 1.13\nrenum as s 474 R81 LA\nExpiry—ch 14\ns 475 (prev s 472) ins A2016-28 amdt 1.13\nrenum as s 475 R81 LA\nTransitional—Crimes (Disclosure) Legislation Amendment Act 2024\nch 15 hdg ins A2024-27 s 17\nMeaning of commencement day—ch 15\ns 476 ins A2024-27 s 17\nCommittal proceedings—person charged before commencement day\ns 477 ins A2024-27 s 17\nExpiry—ch 15\ns 478 ins A2024-27 s 17\n\nOath and affirmation of office\nsch 1 orig sch 1\nam Ord1937-28; Ord1938-25 (as am Ord1938-35);\nOrd1938-35; Ord1953-14; Ord1958-12; Ord1966-2;\nOrd1967-1; Ord1968-25; Ord1972-37; Ord1974-14;\nOrd1976-42; Ord1977-34; Ord1977-61; Ord1978-46;\nOrd1979-33; Ord1984-62; Ord1985-67; Ord1986-74;\nOrd1989-59; A1990-65; A1991-44; A1992-9; A1992-37;\nA1993-4; A1994-61; A1996-6; A1996-82; A1998-67\nom A2001-44 amdt 1.2769\npres sch 1\n(prev sch 2) ins Ord1977-4\nam A1997-94\nrenum as sch 1 A2001-44 amdt 1.2770\nam A2005-20 amdt 3.307\nACT and corresponding courts\nsch 2 orig sch 2\nam Ord1938-25 (as am Ord1938-35)\nprev sch 2\nrenum as sch 1\npres sch 2\nins A2010-13 amdt 1.26\nam A2013-43 s 5; A2015-52 s 43, s 44\nsch 3 am Ord1938-25 (as am Ord1938-35); Ord1976-42;\nOrd1985-67; A1991-44\nom A2001-44 amdt 1.2771\nFees\nsch 4 am Ord1937-5; Ord1937-28\nom Ord1953-14\nsch 5 om Ord1953-14\nWitnesses’ expenses\nsch 6 om Ord1953-14\ndict ins A2004-60 amdt 1.413\nam A2006-23 amdt 1.264, amdt 1.265; A2008-42 s 17;\nA2009-49 amdt 3.114; A2011-22 amdt 1.309; A2011-28\namdt 3.179; A2016-18 amdt 3.143\ndef Aboriginal or Torres Strait Islander offender ins\nA2011-13 amdt 1.20\nsub A2018-6 s 35\ndef ACT court ins A2011-28 amdt 3.180\n\ndef administering authority ins A2004-60 amdt 1.413\ndef administrator ins A2004-60 amdt 1.413\nom A2006-23 amdt 1.266\ndef another jurisdiction ins A2004-60 amdt 1.413\ndef appeal ins A2004-60 amdt 1.413\ndef appearance ins A2004-60 amdt 1.413\ndef applicant ins A2004-60 amdt 1.413\ndef application ins A2004-60 amdt 1.413\ndef approved community work or social development\nprogram ins A2020-5 s 26\ndef authorised person ins A2004-60 amdt 1.413\nsub A2008-42 s 18\ndef back-up offence ins A2014-1 s 29\ndef bailiff ins A2004-60 amdt 1.413\ndef certified copy ins A2011-28 amdt 3.181\ndef certified copies ins A2004-60 amdt 1.413\nom A2011-28 amdt 3.181\ndef circle sentencing ins A2011-13 amdt 1.20\nsub A2018-6 s 36\ndef civil remedy provision ins A2019-32 s 16\ndef claim ins A2004-60 amdt 1.413\ndef combined fair work matter ins A2019-32 s 16\ndef committal order ins A2006-23 amdt 1.267\ndef common boundaries determination ins A2004-60\namdt 1.413\ndef corresponding court ins A2011-28 amdt 3.182\ndef contract application ins A2004-60 amdt 1.413\ndef conviction ins A2004-60 amdt 1.413\ndef court ins A2004-60 amdt 1.413\ndef court, for division 2.2.3A ins A2011-28 amdt 3.182\ndef court attendance notice ins A2008-42 s 19\ndef Crimes Act ins A2004-60 amdt 1.413\ndef damages application ins A2004-60 amdt 1.413\ndef date of service ins A2004-60 amdt 1.413\ndef debt application ins A2004-60 amdt 1.413\ndef debt declaration ins A2004-60 amdt 1.413\ndef decision ins A2004-60 amdt 1.413\ndef default notice ins A2004-60 amdt 1.413\nom A2010-21 amdt 1.14\ndef defendant ins A2004-60 amdt 1.413\n\ndef domestic violence offence ins A2011-13 amdt 1.20\nom A2016-42 amdt 3.85\ndef driver ins A2004-60 amdt 1.413\ndef eligible State or Territory court ins A2019-32 s 16\ndef escort ins A2004-60 amdt 1.413\nom A2006-23 amdt 1.268\ndef fair work claim ins A2019-32 s 16\ndef fair work general claim ins A2019-32 s 16\ndef fair work small claim ins A2019-32 s 16\ndef family violence offence ins A2016-42 amdt 3.86\ndef fine ins A2004-60 amdt 1.413\nsub A2010-21 amdt 1.15\ndef fine defaulter ins A2004-60 amdt 1.413\ndef goods application ins A2004-60 amdt 1.413\ndef government agency ins A2004-60 amdt 1.413\ndef hearing ins A2004-60 amdt 1.413\ndef home address ins A2004-60 amdt 1.413\nom A2009-49 amdt 3.115\ndef illegal user declaration ins A2004-60 amdt 1.413\ndef indictable offence ins A2004-60 amdt 1.413\ndef indictment ins A2004-60 amdt 1.413\ndef industrial or work safety matter ins A2013-43 s 6\ndef industrial or work safety offence ins A2013-43 s 6\ndef information ins A2004-60 amdt 1.413\ndef infringement notice ins A2004-60 amdt 1.413\nsub A2011-28 amdt 3.183\ndef infringement notice management plan ins A2020-5 s 26\ndef infringement notice offence ins A2004-60 amdt 1.413\ndef infringement notice penalty ins A2004-60 amdt 1.413\ndef inquiry ins A2004-60 amdt 1.413\ndef judgment ins A2004-60 amdt 1.413\ndef judicial exchange arrangement ins A2011-28 amdt 3.184\ndef judicial offer ins A2011-28 amdt 3.184\ndef jury ins A2004-60 amdt 1.413\nom A2011-28 amdt 3.185\ndef known offender declaration ins A2004-60 amdt 1.413\ndef law in force in the ACT ins A2004-60 amdt 1.413\ndef magistrate ins A2004-60 amdt 1.413\nam A2005-20 amdt 3.308\ndef notice of intention to defend form ins A2005-20\namdt 3.309\ndef notice to defendant form ins A2005-20 amdt 3.309\n\ndef nuisance application ins A2004-60 amdt 1.413\ndef official ins A2019-32 s 16\ndef outstanding fine ins A2004-60 amdt 1.413\ndef participating jurisdiction ins A2011-28 amdt 3.186\ndef penalty notice ins A2004-60 amdt 1.413\ndef plea of guilty form ins A2005-20 amdt 3.309\ndef prescribed offence ins A2004-60 amdt 1.413\ndef prescribed period ins A2011-28 amdt 3.187\ndef proceeding ins A2004-60 amdt 1.413\ndef reciprocating court ins A2004-60 amdt 1.413\ndef referee ins A2004-60 amdt 1.413\ndef reference appeal ins A2005-5 s 34\ndef registered ins A2004-60 amdt 1.413\ndef registered operator ins A2004-60 amdt 1.413\nom A2005-20 amdt 3.310\ndef registrar ins A2004-60 amdt 1.413\ndef related offence ins A2014-1 s 29\ndef relevant circumstances ins A2020-5 s 26\ndef relevant officer ins A2004-60 amdt 1.413\ndef reminder notice ins A2004-60 amdt 1.413\ndef reporting officer ins A2011-28 amdt 3.187\ndef respondent ins A2004-60 amdt 1.413\ndef responsible director-general ins A2020-5 s 26\ndef responsible person ins A2004-60 amdt 1.413\ndef review appeal ins A2008-44 amdt 1.92\nam A2011-28 amdt 3.188\ndef rules ins A2004-60 amdt 1.413\nsub A2008-36 amdt 1.489\ndef security ins A2010-21 amdt 1.17\ndef Small Claims Court ins A2004-60 amdt 1.413\nom A2008-36 amdt 1.490\ndef sold vehicle declaration ins A2004-60 amdt 1.413\ndef State ins A2004-60 amdt 1.413\ndef summary conviction ins A2004-60 amdt 1.413\ndef superintendent ins A2004-60 amdt 1.413\nom A2006-23 amdt 1.268\ndef Territory entity ins A2004-60 amdt 1.413\nom A2010-21 amdt 1.18\ndef Territory fine ins A2004-60 amdt 1.413\ndef this jurisdiction ins A2011-28 amdt 3.189\n\ndef trader’s plate ins A2004-60 amdt 1.413\nom A2005-20 amdt 3.310\ndef trespass application ins A2004-60 amdt 1.413\nom A2008-36 amdt 1.490\ndef unknown offender declaration ins A2004-60 amdt 1.413\ndef vehicle ins A2004-60 amdt 1.413\ndef vehicle-related offence ins A2005-20 amdt 3.311\ndef warrant ins A2011-28 amdt 3.190\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n3 Aug 1992\n3 Aug 1992–\n27 Nov 1992\nA1992-37 initial republication\nsince self-\ngovernment\nR1 (RI)\n3 Aug 1992–\n27 Nov 1992\nA1992-37 reissue of printed\nversion and\nR1A\n23 Nov 1992–\n28 Feb 1993\nA1992-37 amendments by\nA1992-9 and\nR1B\n1 Mar 1993–\n7 Mar 1993\nA1993-2 amendments by\nA1993-2 and\nR1C\n8 Mar 1993–\n31 Aug 1993\nA1993-4 amendments by\nA1993-4 and\n\nfor\nR1D\n1 Sept 1993–\n26 Sept 1993\nA1993-4 amendments by\nA1993-4 and\nR1E\n27 Sept 1993–\n16 Dec 1993\nA1993-48 amendments by\nA1993-48 and\n31 Dec 1993\n17 Dec 1993–\n13 Mar 1994\nA1993-91 amendments by\nA1993-91 and\nR2 (RI)\n17 Dec 1993–\n13 Mar 1994\nA1993-91 reissue of printed\nR2A\n1 July 1994–\n10 Oct 1994\nA1994-45 amendments by\nA1994-4, A1994-10\nand A1994-38 and\nR2B\n11 Oct 1994–\n28 Nov 1994\nA1994-66 amendments by\nA1994-66 and\n\nfor\n10 Apr 1995\n10 Apr 1995–\n17 Dec 1995\nA1994-81 amendments by\nA1994-45,\nA1994-61 and\nA1994-81 and\nR3 (RI)\n10 Apr 1995–\n17 Dec 1995\nA1994-81 reissue of printed\nR3A\n18 Dec 1995–\nA1995-46 amendments by\nA1995-46 and\nR3B\n12 Sept 1996–\n31 Dec 1996\nA1996-6 amendments by\nA1995-41 and\nR3C\n17 May 1997–\nA1996-82 amendments by\nA1996-68,\nA1996-74 and\nA1996-82\n30 May 1997–\n22 Sept 1997\nA1997-25 amendments by\nA1997-25\nR4 (RI)\n30 May 1997–\n22 Sept 1997\nA1997-25 reissue of printed\nR4A\n23 Sept 1997–\nA1997-41 amendments by\nA1997-41\n1 June 1998–\n18 Oct 1998\nA1997-96 amendments by\nA1997-94 and\nA1997-96\nR5 (RI)\n1 June 1998–\n18 Oct 1998\nA1997-96 reissue of printed\n\nfor\n31 Mar 1999\n31 Mar 1999–\n30 Apr 1999\nA1999-12 amendments by\nA1998-25,\nA1998-38,\nA1998-54 and\nA1998-67\nR6 (RI)\n31 Mar 1999–\n30 Apr 1999\nA1999-12 reissue of printed\nR6A\n1 Sept 1999–\n9 Nov 1999\nA1999-34 amendments by\nA1999-12,\nA1999-22 and\nA1999-34\nR6B\n24 Dec 1999–\n29 Feb 2000\nA1999-91 amendments by\nA1999-59,\nA1999-61,\nA1999-66 and\nA1999-91\nR6C\n10 May 2000–\nA2000-1 amendments by\nA1999-64,\nA1999-79 and\nA2000-1\nR6D\n1 June 2000–\n8 Sept 2000\nA2000-17 amendments by\nA2000-17\n20 Nov 2000\n5 Oct 2000–\n4 Sept 2001\nA2000-60 amendments by\nA2000-1 and\nA2000-60\nR7 (RI)\n5 Oct 2000–\n4 Sept 2001\nA2000-60 reissue of printed\n12 Sept 2001\n27 Sept 2001–\n30 Nov 2001\nA2001-90 amendments by\nA2001-44,\nA2001-56,\nA2001-63 and\nA2001-70\n3 Dec 2001\n1 Dec 2001–\n13 Mar 2002\nA2001-90 amendments by\nA2001-62\n14 Mar 2002\n14 Mar 2002–\n26 Mar 2002\nA2001-77 and\nA2002-2\n\nfor\nR11*\n27 Mar 2002\n27 Mar 2002–\nA2001-90\n1 July 2002–\n12 Sept 2002\nA2001-18\n13 Sept 2002\n13 Sept 2002–\n16 Sept 2002\nA2002-2 commenced expiry\n17 Sept 2002\n17 Sept 2002–\n10 Oct 2002\nA2002-30 amendments by\nA2002-30\n11 Oct 2002\n11 Oct 2002–\n31 Dec 2002\nA2002-36 amendments by\nA2002-36\n1 Jan 2003\n1 Jan 2003–\n30 Mar 2003\nA2002-36 repealed\nA2001-64\nR16 (RI)\n12 Feb 2003\n1 Jan 2003–\n30 Mar 2003\nA2002-36 reissue to include\nA2002-49\nR17*\n31 Mar 2003\n31 Mar 2003–\n11 Oct 2003\nA2003-2 amendments by\nA2003-2\n12 Oct 2003\n12 Oct 2003–\n18 Dec 2003\nA2003-2 commenced expiry\n19 Dec 2003\n19 Dec 2003–\n21 Mar 2004\nA2003-56 amendments by\nA2003-56\n22 Mar 2004\n22 Mar 2004–\n8 Apr 2004\nA2004-2 amendments by\nA2004-2\n9 Apr 2004\n9 Apr 2004–\n29 Apr 2004\nA2004-15\n30 Apr 2004\n30 Apr 2004–\nA2003-48\n26 June 2004–\n24 Aug 2004\nA2004-14\n25 Aug 2004\n25 Aug 2004–\n29 Sept 2004\nA2004-47 amendments by\nA2004-42\n\nfor\n30 Sept 2004\n30 Sept 2004–\n9 Jan 2005\nA2004-47 amendments by\nA2004-42 and\nA2004-47\nR26 (RI)\n10 Jan 2005–\n23 Feb 2005\nA2004-60 amendments by\nA2004-60 and\nR27 (RI)\n24 Feb 2005–\n24 Mar 2005\nA2005-7 amendments by\nA2005-5 and\nA2005-7 and\nR28 (RI)\n25 Mar 2005–\nA2005-13 amendments by\nA2005-13 and\nR29 (RI)\n2 June 2005–\n22 Nov 2005\nA2005-20 amendments by\nA2005-20 and\n23 Nov 2005\n23 Nov 2005–\n21 Dec 2005\nA2005-53 amendments by\nA2005-53\n22 Dec 2005\n22 Dec 2005–\n10 Jan 2006\nA2005-60 amendments by\nA2005-60\nR32*\n11 Jan 2006\n11 Jan 2006–\nA2005-60 commenced expiry\n2 June 2006-\nA2006-23 amendments by\nA2006-23\n2 July 2006-\n18 Dec 2006\nA2006-23 commenced expiry\n19 Dec 2006\n19 Dec 2006-\n31 Dec 2006\nA2006-55 amendments by\nA2006-55\n1 Jan 2007\n1 Jan 2007–\n9 Nov 2007\nA2006-55 amendments by\nA2006-40 as\nA2006-55\n\nfor\n10 Nov 2007\n10 Nov 2007–\n17 Dec 2007\nA2007-15 amendments by\nA2007-8\n18 Dec 2007\n18 Dec 2007–\n19 Dec 2007\nA2007-44 amendments by\nA2007-15\n20 Dec 2007\n20 Dec 2007–\n15 Apr 2008\nA2007-44 amendments by\nA2007-44\n16 Apr 2008\n16 Apr 2008–\nA2008-6 amendments by\nA2008-6\n29 July 2008–\n26 Aug 2008\nA2008-22 amendments by\nA2008-22\n27 Aug 2008\n27 Aug 2008–\n1 Feb 2009\nA2008-29 amendments by\nA2008-29\n2 Feb 2009\n2 Feb 2009–\n26 Feb 2009\nA2008-46 amendments by\nA2008-36 and\nA2008-37\n27 Feb 2009\n27 Feb 2009–\n7 Mar 2009\nA2008-46 amendments by\nA2008-19 and\nA2008-20\n8 Mar 2009\n8 Mar 2009–\n29 Mar 2009\nA2009-7 amendments by\nA2008-42\n30 Mar 2009\n30 Mar 2009–\nA2009-7 amendments by\nA2008-46\n30 May 2009–\n3 Sept 2009\nSL2009-20 amendments by\nA2008-41,\nA2008-44 and\nA2009-7 and\nmodifications by\nSL2009-20\n4 Sept 2009\n4 Sept 2009–\n28 Sept 2009\nA2009-24 amendments by\nA2009-24\n29 Sept 2009\n29 Sept 2009–\n21 Oct 2009\nA2009-24 amendments by\nA2009-19\n22 Oct 2009\n22 Oct 2009–\n30 Oct 2009\nA2009-37 amendments by\nA2009-37\n\nfor\n31 Oct 2009\n31 Oct 2009–\n16 Dec 2009\nSL2009-51 modifications by\nSL2009-2 as\nSL2009-51\n17 Dec 2009\n17 Dec 2009–\n21 Dec 2009\nA2009-49 amendments by\nA2009-49\n22 Dec 2009\n22 Dec 2009–\n2 Mar 2010\nA2009-54 amendments by\nA2009-54\n3 Mar 2010\n3 Mar 2010–\n27 Apr 2010\nA2009-54 amendments by\nA2009-22\nR55*\n28 Apr 2010\n28 Apr 2010–\nA2010-13 amendments by\nA2010-13\n31 May 2010–\nA2010-13 commenced expiry\n1 July 2010–\n27 Sept 2010\nA2010-21 amendments by\nA2010-21\n28 Sept 2010\n28 Sept 2010–\n1 Nov 2010\nA2010-30 amendments by\nA2010-30\n2 Nov 2010\n2 Nov 2010–\n27 Feb 2011\nA2010-40 amendments by\nA2010-40\n28 Feb 2011\n28 Feb 2011–\nA2010-40 expiry of\ntransitional\nprovisions (ch 10)\n1 July 2011–\nA2011-22 amendments by\nA2011-22\n25 July 2011–\n30 Aug 2011\nA2011-22 amendments by\nA2011-13\n31 Aug 2011\n31 Aug 2011–\n20 Sept 2011\nA2011-30 amendments by\nA2011-30\n21 Sept 2011\n21 Sept 2011–\n11 Dec 2011\nA2011-30 amendments by\nA2011-28\n12 Dec 2012\n12 Dec 2012–\n29 Feb 2012\nA2011-52 amendments by\nA2011-52\n\nfor\n1 Mar 2012\n1 Mar 2012–\n11 Apr 2012\nA2011-52 amendments by\nA2011-48\n12 Apr 2012\n12 Apr 2012–\n23 Apr 2013\nA2012-13 amendments by\nA2012-13\nR68*\n24 Apr 2013\n24 Apr 2013–\n7 Nov 2013\nA2013-12 amendments by\nA2013-12\n8 Nov 2013\n8 Nov 2013–\n11 Nov 2013\nA2013-43 amendments by\nA2013-43\n12 Nov 2013\n12 Nov 2013–\n9 Feb 2014\nA2013-45 amendments by\nA2013-45\n10 Feb 2014\n10 Feb 2014–\n1 Apr 2014\nA2013-52 amendments by\nA2013-52\n2 Apr 2014\n2 Apr 2014–\n20 Apr 2015\nA2014-1 amendments by\nA2014-1\n21 Apr 2015\n21 Apr 2015–\n9 Dec 2015\nA2015-10 amendments by\nA2015-10\n10 Dec 2015\n10 Dec 2015–\n26 Apr 2016\nA2015-52 amendments by\nA2015-52\n27 Apr 2016\n27 Apr 2016–\nA2016-18 amendments by\nA2016-18\n29 June 2016–\nA2016-37 amendments by\nA2016-37\n30 June 2016–\nA2016-37 expiry of validation\nprovisions (ch 13)\n1 July 2016–\n31 Aug 2016\nA2016-37 amendments by\nA2016-12\n1 Sept 2016\n1 Sept 2016–\n13 Oct 2016\nA2016-52\n14 Oct 2016\n14 Oct 2016–\n14 Dec 2016\nA2016-22 as\nA2016-37\n15 Dec 2016\n15 Dec 2016–\n30 Apr 2017\nA2016-28\n\nfor\n1 May 2017–\n1 Mar 2018\nA2017-10 amendments by\nA2016-42 as\nA2017-10\n2 Mar 2018\n2 Mar 2018–\n25 Apr 2018\nA2018-6 amendments by\nA2018-6\n26 Apr 2018\n26 Apr 2018–\n31 Aug 2018\nA2018-9 amendments by\nA2018-9\n1 Sept 2018\n1 Sept 2018–\n7 Nov 2018\nA2018-9 amendments by\nA2018-6\n8 Nov 2018\n8 Nov 2018–\n15 Dec 2018\nA2018-40 amendments by\nA2018-40\n16 Dec 2018\n16 Dec 2018–\n12 Mar 2019\nA2018-40 expiry of\ntransitional\nprovisions (ch 14)\n13 Mar 2019\n13 Mar 2019–\nA2018-40 amendments by\nA2018-39\n21 June 2019–\n18 Sept 2019\nA2019-17 amendments by\nA2019-17\n19 Sept 2019\n19 Sept 2019–\n9 Oct 2019\nA2019-21 amendments by\nA2019-21\n10 Oct 2019\n10 Oct 2019–\n13 Mar 2020\nA2019-32 amendments by\nA2019-32\n14 Mar 2020\n14 Mar 2020–\n9 Sept 2020\nA2019-32 expiry of provisions\n(s 7D (3)-(5))\n10 Sept 2020\n10 Sept 2020–\n8 Oct 2020\nA2020-42 amendments by\nA2020-42\n9 Oct 2020\n9 Oct 2020–\n8 Apr 2021\nA2020-42 amendments by\nA2019-32\n9 April 2021–\nA2021-6 amendments by\nA2021-6\n16 June 2021–\n16 Dec 2022\nA2021-13 amendments by\nA2021-13\n\nfor\n17 Dec 2022\n17 Dec 2022–\n12 Sept 2023\nA2022-11 amendments by\nA2022-11\n13 Sept 2023\n13 Sept 2023–\n29 Sept 2023\nA2023-33 amendments by\nA2023-33\n30 Sept 2023\n30 Sept 2023–\n26 Feb 2024\nA2023-37 amendments by\nA2023-37\n27 Feb 2024\n27 Feb 2024–\n19 Apr 2024\nA2023-37 amendments by\nA2020-5 as\nA2021-33\n20 Apr 2024\n20 Apr 2024–\nA2024-12 amendments by\nA2024-12\n19 June 2025–\nA2024-27 amendments by\nA2024-27\n1 July 2025–\n25 Nov 2025\nA2024-34 amendments by\nA2024-34\n\n","sortOrder":282},{"sectionNumber":"6","sectionType":"section","heading":"Expired transitional or validating provisions","content":"6 Expired transitional or validating provisions\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":283}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":945},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1930 purpose of establishing a basic court of petty sessions. Major expansions include: (1) creation of five specialised courts/divisions (Childrens, Family Violence, Industrial, Galambany, Warrumbul) with distinct procedures; (2) comprehensive infringement notice scheme with payment plans and community work options (Part 3.8); (3) detailed pre-trial disclosure obligations for both committal and summary proceedings (Parts 3.5 and 3.5A); (4) judicial officer exchange with other jurisdictions; (5) fair work claims jurisdiction; and (6) complex audiovisual link provisions for remote appearances. The 2024 Crimes (Disclosure) amendments added substantial new procedural requirements."},"complexity_factors":["Extensive length (300+ pages) with 15 chapters and numerous parts/divisions","Multiple overlapping procedural regimes for criminal matters (summary, indictable, committal, infringement notices)","Extensive cross-referencing to other ACT legislation (Crimes Act, Bail Act, Court Procedures Act, etc.)","Detailed disclosure obligations with multiple exceptions and conditions (ss 90-90AAD, 108AA-108AH)","Specialised court structures with overlapping jurisdictions (Childrens, Family Violence, Industrial, Galambany, Warrumbul)","Nested definitions and signpost definitions throughout (dictionary with 50+ defined terms)","Transitional provisions for disclosure amendments with expiry dates (Chapter 15)","Complex infringement notice scheme with management plans, waivers, and multiple declaration types (ss 117-136)","Multiple appeal pathways with different rules (criminal appeals, review appeals, reference appeals)","Judicial exchange arrangements with corresponding courts in other jurisdictions (Schedule 2)"],"plain_english_summary":"**What this Act does:**\n\nThis is the **Magistrates Court Act 1930** (ACT), which establishes and governs the Magistrates Court of the Australian Capital Territory—one of the territory's main courts that handles both criminal and civil matters.\n\n**Key things the Act covers:**\n\n- **Court structure and appointments**: Sets up the Magistrates Court, appoints the Chief Magistrate and other magistrates, and establishes special magistrates and registrars (court officials who handle administrative functions).\n\n- **Criminal proceedings**: Detailed rules for how criminal cases work, including:\n  - Starting criminal proceedings (informations, summonses, warrants, court attendance notices)\n  - Committal hearings for serious (indictable) offences\n  - Summary hearings for less serious offences\n  - Disclosure obligations—prosecutors must give defendants evidence before trial\n  - Infringement notices (fines for minor offences like traffic violations) with options for payment plans, waivers, or community work\n  - Appeals to the Supreme Court\n\n- **Civil proceedings**: Rules for civil cases (disputes between people or organisations), including claims up to $250,000, fair work claims, and transfers between courts.\n\n- **Specialised courts**: Creates specialised divisions within the Magistrates Court:\n  - **Childrens Court** (for offenders under 18)\n  - **Warrumbul Court** (circle sentencing for Aboriginal and Torres Strait Islander young people)\n  - **Family Violence Court** (specialised handling of domestic violence cases)\n  - **Galambany Court** (circle sentencing for adult Aboriginal and Torres Strait Islander offenders)\n  - **Industrial Court** (workplace safety and industrial matters)\n\n- **Judicial officer exchange**: Allows temporary transfers of judges and magistrates between ACT courts and courts in other Australian jurisdictions.\n\n**Who it affects:**\n- Anyone charged with a criminal offence in the ACT\n- Anyone involved in a civil dispute under $250,000\n- Victims and witnesses in criminal proceedings\n- Employers and employees in workplace disputes\n- Families and children in care and protection matters\n\n**Why it matters:**\nThis Act is the backbone of the ACT's lower court system. It determines how most criminal prosecutions begin and proceed, how minor civil disputes get resolved, and how specialised courts operate to address particular community needs (like family violence or youth offending). The 2024 amendments added significant new disclosure requirements, requiring prosecutors to share evidence with defendants earlier in the process."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original Act (1930) simply established the Court of Petty Sessions (later renamed Magistrates Court) and provided for magistrate appointments. Over time, it has expanded massively to include comprehensive criminal procedure (Part 3), civil jurisdiction up to $250,000 (Part 4.2), a full infringement notice system (Part 3.8), and specialised courts for children, family violence, industrial matters, and circle sentencing (Chapters 4A-4D). The Act now covers far more than its original purpose, governing virtually all lower court proceedings in the ACT."},"complexity_factors":["Very long document (over 330 pages in the republication)","Extensive dictionary with many defined terms, including signpost definitions to other Acts","Numerous cross-references to other ACT legislation (e.g., Crimes Act, Legislation Act, Bail Act)","Complex nested conditions and exceptions (e.g., committal proceedings, guilty pleas, infringement notice management plans)","Multiple specialised courts (Childrens, Family Violence, Industrial, Galambany, Warrumbul) each with their own jurisdiction and procedural rules","Detailed infringement notice scheme with multiple divisions (notices, management plans, waiver, vehicle-related offences)","Over 90 years of amendments have added layers of complexity","Part 3.5 (indictable offences) has many sub-sections with conditional logic"],"plain_english_summary":"This Act creates and governs the Magistrates Court in the Australian Capital Territory (ACT). It sets out who can be a magistrate, how they are appointed, and the rules for handling both criminal and civil cases in this court. Criminal cases range from minor offences (like traffic fines) to serious indictable offences. Civil claims up to $250,000 can be heard. The Act also establishes specialised courts within the Magistrates Court for children (Childrens Court), family violence (Family Violence Court), industrial and work safety matters (Industrial Court), and circle sentencing for Aboriginal and Torres Strait Islander offenders (Galambany Court and Warrumbul Court). It details procedures for starting cases, hearings, evidence, bail, appeals, and enforcement of fines and orders. The infringement notice system (Part 3.8) allows for on-the-spot fines for many minor offences, with options to pay, dispute, or enter a payment plan. This Act is the backbone of the ACT's lower court system, affecting anyone who is charged with an offence or involved in a civil dispute in the Territory."}},"importantCases":[],"_links":{"self":"/api/acts/magistrates-court-act-1930","history":"/api/acts/magistrates-court-act-1930/history","analysis":"/api/acts/magistrates-court-act-1930/analysis","conflicts":"/api/acts/magistrates-court-act-1930/conflicts","importantCases":"/api/acts/magistrates-court-act-1930/important-cases","documents":"/api/acts/magistrates-court-act-1930/documents"}}