sec.53When justice may issue summons

### sec.53 When justice may issue summons When a complaint is made before a justice that any person is guilty of or is suspected of having committed any indictable offence, simple offence, or breach of duty, within the jurisdiction of such justice, then such justice may issue the justice’s summons. No objection shall be taken or allowed to a summons issued upon a complaint under this section on the ground that— the justice who issued the summons and the complainant were at the date of its issue— officers of the same department, subdepartment, branch or section of a department of the Government of the Commonwealth or of the State; or employees of Brisbane City Council; or employees of the same local government within the meaning of the Local Government Act 2009 ; or the justice who issued the summons was at the date of its issue, the complainant’s lawyer, that lawyer’s partner, or an employee of either of them, or a lawyer, director or employee of an incorporated legal practice that represented the complainant. s 53 amd 1973 No. 22 s 3 ; 1990 No. 35 s 5 .9(1)(a); 1997 No. 82 s 54 ; 2004 No. 11 s 596 sch 1 ; 2009 No. 17 s 331 sch 1 ; 2010 No. 42 s 120 sch (sec.53-ssec.1) When a complaint is made before a justice that any person is guilty of or is suspected of having committed any indictable offence, simple offence, or breach of duty, within the jurisdiction of such justice, then such justice may issue the justice’s summons. (sec.53-ssec.2) No objection shall be taken or allowed to a summons issued upon a complaint under this section on the ground that— the justice who issued the summons and the complainant were at the date of its issue— officers of the same department, subdepartment, branch or section of a department of the Government of the Commonwealth or of the State; or employees of Brisbane City Council; or employees of the same local government within the meaning of the Local Government Act 2009 ; or the justice who issued the summons was at the date of its issue, the complainant’s lawyer, that lawyer’s partner, or an employee of either of them, or a lawyer, director or employee of an incorporated legal practice that represented the complainant. - (a) the justice who issued the summons and the complainant were at the date of its issue— (i) officers of the same department, subdepartment, branch or section of a department of the Government of the Commonwealth or of the State; or (ii) employees of Brisbane City Council; or (iii) employees of the same local government within the meaning of the Local Government Act 2009 ; or - (i) officers of the same department, subdepartment, branch or section of a department of the Government of the Commonwealth or of the State; or - (ii) employees of Brisbane City Council; or - (iii) employees of the same local government within the meaning of the Local Government Act 2009 ; or - (b) the justice who issued the summons was at the date of its issue, the complainant’s lawyer, that lawyer’s partner, or an employee of either of them, or a lawyer, director or employee of an incorporated legal practice that represented the complainant. - (i) officers of the same department, subdepartment, branch or section of a department of the Government of the Commonwealth or of the State; or - (ii) employees of Brisbane City Council; or - (iii) employees of the same local government within the meaning of the Local Government Act 2009 ; or