NSWIn ForceAct
Criminal Procedure Act 1986
49Commencement of private prosecutions
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#### 49 Commencement of private prosecutions
49 Commencement of private prosecutions
> > (1) If a person other than a police officer or public officer is authorised under section 14 of this Act or under any other law to commence committal proceedings against a person for an offence, the person may commence the proceedings by issuing a court attendance notice, signed by a registrar, and filing the notice in accordance with this Division.
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> > (2) A registrar must not sign a court attendance notice if—
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> > > (a) the registrar is of the opinion that the notice does not disclose grounds for the proceedings, or
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> > > (b) the registrar is of the opinion that the notice is not in the form required by or under this Act, or
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> > > (c) the registrar is of the opinion that a ground for refusal set out in the rules applies to the notice.
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> > (3) If a registrar refuses to sign a court attendance notice proposed to be issued by any such person, the question of whether the court attendance notice is to be signed and issued is to be determined by a Judge on application by the person.
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> **s 49:** Ins 2001 No 119, Sch 1 \[43\]. Am 2006 No 107, Sch 1.11 \[3\]; 2025 No 61, Sch 2.31\[9\].