TASIn ForceAct
Justices Act 1959
72ABPerverting the course of justice triable summarily
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### 72AB Perverting the course of justice triable summarily
> [*\[Section 72AB Inserted by No. 76 of 2009, s. 16, Applied:01 Feb 2010\]*](/view/html/inforce/2010-02-01/act-2009-076#GS16@EN)
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> > (1) In this section –
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> > > [*\[Section 72AB Subsection (1) amended by No. 30 of 2013, Sched. 1, Applied:10 Feb 2014\]*](/view/html/inforce/2014-02-10/act-2013-030#JS1@Ja5@GC1@EN) ***perverting the course of justice complaint*** means a complaint for an offence under [section 105 of the](/view/html/inforce/2026-04-12/act-1924-069#JS1@GS105@EN) [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) that relates to an offence under the [Traffic Act 1925](/view/html/inforce/2026-04-12/act-1925-038) , the [Vehicle and Traffic Act 1999](/view/html/inforce/2026-04-12/act-1999-070) , the [Heavy Vehicle National Law (Tasmania) Act 2013](/view/html/inforce/2026-04-12/act-2013-030) or the [Road Safety (Alcohol and Drugs) Act 1970](/view/html/inforce/2026-04-12/act-1970-077) .
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> > (2) If a person is brought before justices upon a perverting the course of justice complaint and the justices and prosecutor agree that the matter is one that should be tried summarily, the justices, pursuant to [section 55](#GS55@EN) or [58](#GS58@EN) and in the prescribed form of words or in words of similar effect, may ask the defendant if he or she is willing to be tried or sentenced by the justices instead of by jury.
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> > (3) If a defendant to whom [subsection (2)](#GS72AB@Gs2@EN) applies, or, if he or she is under the age of 17 years, his or her parent or guardian, does not object to his or her being tried or sentenced by the justices, the section creating the offence is taken to have created a simple offence and the complaint is to be dealt with accordingly, subject to the provisions of this section.