sec.139Where summary cases to be heard

### sec.139 Where summary cases to be heard Subject to the provisions of any other Act in that behalf, a complaint of a simple offence or breach of duty shall be heard and determined— at a place appointed for holding Magistrates Courts within the district within which the offence or breach of duty was committed; or at a place appointed for holding Magistrates Courts within the district within 35km of the boundary of which the offence or breach of duty was committed; or where the offence or breach of duty has occurred in or on or in relation to any vehicle or a vessel (other than an aircraft) in the course of a journey and the evidence to be adduced on behalf of the complainant does not disclose with certainty in which district the offence or breach of duty has occurred—at a place appointed for holding Magistrates Courts within any of the districts through which, or any part of which, such vehicle or vessel has passed in the course of such journey; or where the offence or breach has occurred in or on or in relation to an aircraft in the course of a flight which commenced and is scheduled to terminate within Queensland and the evidence to be adduced on behalf of the complainant does not disclose with certainty over which district the offence or breach occurred—at a place appointed for holding Magistrates Courts within any district over which, or any part of which, such aircraft has passed in the course of such flight. Where a complaint for a simple offence or breach of duty is before a Magistrates Court at any place at which that complaint may lawfully be heard and determined and it appears to the court, either of its own motion or upon the submission of the complainant or defendant made in writing to or by appearance before the court, that the hearing would more conveniently take place at another place in Queensland, the court may, before any evidence is adduced, adjourn the hearing to such other place and to a time to be then stated or to be determined as hereinbefore in this Act provided. The resumed hearing may proceed and the complaint may be heard and determined before a Magistrates Court at such other place constituted in accordance with this Act by such justices as may then be there. Where a complaint for a simple offence or breach of duty is partly heard before a Magistrates Court at any place at which that complaint may lawfully be heard and determined, the court may adjourn the hearing to such other place in Queensland as shall be consented to by the complainant and the defendant and to such time as it thinks fit. The hearing of the complaint may continue and the complaint determined before a Magistrates Court at such other place constituted in accordance with this Act. The court, on adjourning the hearing as aforesaid, may commit the defendant in the meantime or grant the defendant bail. Upon such adjournment, the defendant and every witness summoned to give evidence and who has not been discharged by the court from further attendance, shall be bound to attend at such time and place accordingly. Upon an adjournment under this subsection the clerk of the court at the place where such adjournment was ordered shall forthwith transmit by post or electronically to the clerk of the court at the place whence the hearing has been adjourned the complaint, the summons issued thereon and all other documents relevant to the complaint which the clerk of the court has in the clerk’s possession. When a defendant fails to appear to answer a complaint for a simple offence or breach of duty and a warrant is issued for the purpose of apprehending the defendant and bringing the defendant before the court, the matter may, with the defendant’s consent, be dealt with before a Magistrates Court at a place within the district in which the defendant is apprehended under the warrant. s 139 amd 1942 6 Geo 6 No. 17 s 4 sub 1964 No. 32 s 60 amd 1972 No. 31 s 6 sch 1 ; 1973 No. 22 s 6 ; 1974 No. 25 s 8 ; 1980 No. 35 s 4 (1) sch 1 ; 2013 No. 64 s 78 (sec.139-ssec.1) Subject to the provisions of any other Act in that behalf, a complaint of a simple offence or breach of duty shall be heard and determined— at a place appointed for holding Magistrates Courts within the district within which the offence or breach of duty was committed; or at a place appointed for holding Magistrates Courts within the district within 35km of the boundary of which the offence or breach of duty was committed; or where the offence or breach of duty has occurred in or on or in relation to any vehicle or a vessel (other than an aircraft) in the course of a journey and the evidence to be adduced on behalf of the complainant does not disclose with certainty in which district the offence or breach of duty has occurred—at a place appointed for holding Magistrates Courts within any of the districts through which, or any part of which, such vehicle or vessel has passed in the course of such journey; or where the offence or breach has occurred in or on or in relation to an aircraft in the course of a flight which commenced and is scheduled to terminate within Queensland and the evidence to be adduced on behalf of the complainant does not disclose with certainty over which district the offence or breach occurred—at a place appointed for holding Magistrates Courts within any district over which, or any part of which, such aircraft has passed in the course of such flight. (sec.139-ssec.2) Where a complaint for a simple offence or breach of duty is before a Magistrates Court at any place at which that complaint may lawfully be heard and determined and it appears to the court, either of its own motion or upon the submission of the complainant or defendant made in writing to or by appearance before the court, that the hearing would more conveniently take place at another place in Queensland, the court may, before any evidence is adduced, adjourn the hearing to such other place and to a time to be then stated or to be determined as hereinbefore in this Act provided. (sec.139-ssec.2A) The resumed hearing may proceed and the complaint may be heard and determined before a Magistrates Court at such other place constituted in accordance with this Act by such justices as may then be there. (sec.139-ssec.2B) Where a complaint for a simple offence or breach of duty is partly heard before a Magistrates Court at any place at which that complaint may lawfully be heard and determined, the court may adjourn the hearing to such other place in Queensland as shall be consented to by the complainant and the defendant and to such time as it thinks fit. (sec.139-ssec.2C) The hearing of the complaint may continue and the complaint determined before a Magistrates Court at such other place constituted in accordance with this Act. (sec.139-ssec.2D) The court, on adjourning the hearing as aforesaid, may commit the defendant in the meantime or grant the defendant bail. (sec.139-ssec.2E) Upon such adjournment, the defendant and every witness summoned to give evidence and who has not been discharged by the court from further attendance, shall be bound to attend at such time and place accordingly. (sec.139-ssec.2F) Upon an adjournment under this subsection the clerk of the court at the place where such adjournment was ordered shall forthwith transmit by post or electronically to the clerk of the court at the place whence the hearing has been adjourned the complaint, the summons issued thereon and all other documents relevant to the complaint which the clerk of the court has in the clerk’s possession. (sec.139-ssec.3) When a defendant fails to appear to answer a complaint for a simple offence or breach of duty and a warrant is issued for the purpose of apprehending the defendant and bringing the defendant before the court, the matter may, with the defendant’s consent, be dealt with before a Magistrates Court at a place within the district in which the defendant is apprehended under the warrant. - (a) at a place appointed for holding Magistrates Courts within the district within which the offence or breach of duty was committed; or - (b) at a place appointed for holding Magistrates Courts within the district within 35km of the boundary of which the offence or breach of duty was committed; or - (c) where the offence or breach of duty has occurred in or on or in relation to any vehicle or a vessel (other than an aircraft) in the course of a journey and the evidence to be adduced on behalf of the complainant does not disclose with certainty in which district the offence or breach of duty has occurred—at a place appointed for holding Magistrates Courts within any of the districts through which, or any part of which, such vehicle or vessel has passed in the course of such journey; or - (d) where the offence or breach has occurred in or on or in relation to an aircraft in the course of a flight which commenced and is scheduled to terminate within Queensland and the evidence to be adduced on behalf of the complainant does not disclose with certainty over which district the offence or breach occurred—at a place appointed for holding Magistrates Courts within any district over which, or any part of which, such aircraft has passed in the course of such flight.