Magistrates Court Act 1930

Division 3.8.2B Waiver of infringement notice penalties 131AE Application for waiver of penalty 113 131AF Application for waiver of penalty—decision 113 131AG Guidelines for waiver of penalty 114 131A Meaning of infringement notice 114 131B Service of infringement notice on responsible person for vehicles 115 131C Liability for vehicle-related offences 116 131D Illegal user declarations 117

Page contents 9 131E Known offender declarations 119 131F Sold vehicle declarations 120 131G Unknown offender declarations 122 Division 3.8.4 Disputing liability for infringement notices 132 Disputing liability for infringement notice offence 123 134 Procedure if liability disputed 123 Division 3.8.5 Infringement notices—other provisions 134A Authorised people for infringement notice offences 125 135 Delegation of administering authority’s functions 126 136 Evidentiary certificates 126 Division 3.9.1 Enforcement of criminal decisions—general 141 Minute of decision and notice to defendant 128 142 Formal convictions and orders 129 143 Consequences if information dismissed 129 144 Copies of informations and other documents 129 Division 3.9.3 Reciprocal enforcement of fines against bodies corporate 166A Definitions for div 3.9.3 130 166B Declarations relating to reciprocating courts 131 166C Enforcement of fine 131 166D Effect of enforcement by reciprocating court 133 166E Registrar to notify payment of territory fine 133 Division 3.9.4 Enforcement of criminal decisions—other provisions 184 Enforcement of costs against informant 133 191 Accounts to be kept of amounts received 134 193 Forfeited goods may be sold 134 194 Enforcement order not void for form only 134 195 Convictions etc to be given to Supreme Court registrar 134 Division 3.10.1 Criminal appeals—jurisdiction of Supreme Court 207 Jurisdiction of Supreme Court 135

Page contents 10 Magistrates Court Act 1930 208 Appeals to which div 3.10.2 applies 135 209 Institution of appeal 137 210 Substituted service of notice of appeal 138 214 Appeals in cases other than civil cases 138 216 Stay of execution pending appeal in certain cases 139 218 Orders by Supreme Court on appeals 140 219 No right of appeal under div 3.10.2 if review appeal 140 Division 3.10.2A Reference appeals in criminal matters 219A What is a reference appeal? 141 219AB Reference appeal in relation to proceeding 141 219AC Who may be heard at reference appeal 141 219AD Reference appeal decision does not affect verdict 142 219B Decisions subject to review appeal 142 219C How review appeal is instituted 143 219D Grounds for review 144 219E Report by Magistrate 145 219F Powers of Supreme Court 145 222 Control of Supreme Court over summary convictions 147 223 Amendment of documents 148 224 In cases of certiorari order 148 225 Notice dispensed with 149 226 Power of court to admit to bail 149 227 Respecting the amendment of convictions etc 150 228 No summons or information 150 229 Distribution of penalty 151 244 Costs in criminal matters 152 248 Meaning of security—pt 3.12 153

Page contents 11 249 Securities taken under Act 153 250 Recovery of amount due under security 153 252 Sums paid by surety may be recovered from principal 153 253 Payment enforced by security 154 254 Enforcement of recognisance 154 256 Application of ch 4 156 257 Personal actions at law—amount or value 157 258 Power of court to grant relief 158 259 Rules of equity to prevail 158 260 Nuisance 159 261 Disputed debts 159 262 Cause of action arising, or defendant resident, outside ACT 159 263 Requests under conventions relating to legal proceedings in civil and commercial matters 160 264 Proceedings affecting title to land 160 265 Disputes under Residential Tenancies Act 160 266 Complaints under Utilities Act, pt 12 161 266A Civil disputes under ACT Civil and Administrative Tribunal Act 161 266B Enforcement of ACT Civil and Administrative Tribunal order— representation 162 266C Object of pt 4.2A 163 266D Application of pt 4.2A 163 266E Definitions—pt 4.2A 164 266F Fair work claim—compulsory mediation 165 266G Fair work small claim—representation by official of industrial association 165 266H Fair work small claim that is fair work general claim 165

Page contents 12 Magistrates Court Act 1930 266I Combined fair work matter—procedure if removed from ACAT 166 266J Fair work claim—deciding or adjourning proceedings 166 Part 4.3 Case stated for Supreme Court 267 Case stated 167 Part 4.4 Transfer of proceedings from or to Supreme Court 268 Transfer of action from Supreme Court 168 269 Procedure on transfer of action from Supreme Court 168 270 Removal of proceedings into Supreme Court 169 271 Stay of proceedings 169 272 Meaning of appeal—pt 4.5 170 273 Jurisdiction 170 274 Cases in which appeal may be brought 170 276 Evidence on appeal 171 287 Childrens Court 172 288 Jurisdiction of Childrens Court 172 289 Procedure for proceedings where children jointly charged with adults 173 290 Chief Magistrate to arrange business of Childrens Court 174 291 Childrens Court Magistrate to hear all matters 174 291A Childrens Court Magistrate 175 291B Acting Childrens Court Magistrate 175 291C Assignment of other magistrates for Childrens Court matters 176 291D Completion of part-heard matters 177

Page contents 13 291E Procedures for hearing indictable offences 178 291F Childrens Court may adjourn hearings to allow access to legal advice 178 291G Childrens Court may send cases to Supreme Court for sentencing 179 291GA Warrumbul Court 180 291GB Directions about procedure for Warrumbul Court 180 Part 4B.1 Preliminary 291H Meaning of family violence offence 181 291I Purpose—ch 4B 181 291J Family Violence Court 182 291K Jurisdiction of Family Violence Court 182 291M Galambany Court 184 291N Directions about procedure for Galambany Court 184 Part 4D.1 Preliminary 291O Definitions—ch 4D 185 291P Industrial Court 186 291Q Jurisdiction of Industrial Court 186 291R Chief Magistrate to arrange business of Industrial Court 188 291S Industrial Court Magistrate to hear all matters 189 291T Transfer of industrial or work safety matter to Supreme Court 189

Page contents 14 Magistrates Court Act 1930 291U Industrial Court Magistrate 190 291V Acting Industrial Court Magistrate 190 291W Assignment of other magistrates for Industrial Court matters 191 291X Industrial Court—completion of part-heard matters 191 Part 5.1 Offences 292 Failure to comply with order in nuisance action 193 298 Prejudice to employee 193 307 Contempt of court 194 308 Magistrates Court’s seal 194 309 Directions about procedure 195 310 Hearings generally to be in public 195 311 Appearance by audiovisual or audio links etc 196 312 Failure to give evidence—committal 197 314 Registrar to give directions for preparation of transcript 198 315 Applications for transcripts 199 316 Record of proceedings 200 317 Record of proceedings and transcript 202 318 Person about to leave ACT may be ordered to be examined or produce documents 204 319 Witnesses’ rights and liabilities 204 320 Depositions to be given to registrar 205 320A Family violence offence information 205 321 Regulation-making power 206 Chapter 15 Transitional—Crimes (Disclosure) Legislation Amendment Act 2024 476 Meaning of commencement day—ch 15 207 477 Committal proceedings—person charged before commencement day 207

Page contents 15 478 Expiry—ch 15 207 Schedule 1 Oath and affirmation of office 208 Schedule 2 ACT and corresponding courts 209 Dictionary 210 1 About the endnotes 218 2 Abbreviation key 218 3 Legislation history 219 4 Amendment history 247 5 Earlier republications 319 6 Expired transitional or validating provisions 330

An Act to establish a Magistrates Court, to provide for the appointment of magistrates, and for other purposes

1 Name of Act This Act is the Magistrates Court Act 1930.

2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘vehicle, for part 3.8 (Infringement notices for certain offences)—see the Road Transport (Vehicle Registration) Act 1999, dictionary.’ means that the term ‘vehicle’ is defined in that dictionary and the definition applies to part 3.8. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

The court Part 2.1

Chapter 2 Magistrates Court and

4 Constitution of court (1) The Magistrates Court is continued in existence. (2) The jurisdiction of the court may be exercised by a magistrate (other than a special magistrate) or by 1 or more special magistrates. (3) If 2 or more special magistrates are divided in opinion on a case, the case must be— (a) if there is a majority—decided according to the decision of the majority; or (b) if the court is equally divided in opinion—adjourned for hearing and decision by a magistrate (other than a special magistrate). (4) The rules may provide for the jurisdiction of the court otherwise exercisable by a magistrate to be exercised by the registrar, in the cases and subject to the conditions prescribed under the rules. (5) For the purposes of the exercise of jurisdiction given to the registrar under the rules, this Act has effect, subject to this section, as if the court consisted of the magistrates and the registrar. (6) In this section: registrar includes deputy registrar.

5 Arrangement of court business (1) The Chief Magistrate is responsible for ensuring the orderly and prompt discharge of the Magistrates Court’s business.

(2) The Chief Magistrate may, subject to consultation with the magistrates that is appropriate and practicable, make arrangements about a magistrate who is to constitute the court in particular matters or classes of matters. magistrate includes special magistrate.

5A Magistrate for matter not available (1) This section applies if a person who is a magistrate constituting the court in a particular civil matter, ceases to hold office as a magistrate, or ceases to be available, before the magistrate finishes dealing with the matter. (2) The Chief Magistrate must arrange for another magistrate to constitute the court in the matter. (3) The other magistrate may deal with the matter as the other magistrate Example deal with the matter afresh (4) In this section: ceases to be available––a person ceases to be available for a matter if the person is unable to act as a magistrate in relation to the matter because of illness, absence or an inability or unwillingness to deal with the matter. matter includes a class of matters.

Magistrates other than special magistrates Division 2.2.1 Part 2.2 Appointment and jurisdiction of Division 2.2.1 Magistrates other than special 6 Meaning of magistrate in div 2.2.1 magistrate means— (a) the Chief Magistrate; or (b) a person who is appointed under section 7 as a magistrate.

7 Appointment of Chief Magistrate and other magistrates (1) There is to be a Chief Magistrate and other magistrates. (2) The Chief Magistrate and other magistrates are appointed by the Executive. Note For the making of appointments (including acting appointments), see the (3) If a magistrate is appointed as the Chief Magistrate, the person stops holding the position of magistrate. 7AA Requirements of appointment—magistrates (1) The Executive must, in relation to the appointment of magistrates, determine— (a) the criteria that apply to the selection of a person for appointment; and (b) the process for selecting the person. (2) A determination is a notifiable instrument.

Division 2.2.1 Magistrates other than special magistrates

7A Eligibility for appointment as magistrate A person is not eligible for appointment as a magistrate unless the person is a lawyer and has been a lawyer for at least 5 years.

7B Seniority of magistrates Magistrates other than the Chief Magistrate have seniority according to— (a) the dates their appointments took effect; or (b) if the appointments of 2 or more of them took effect on the same date—the precedence given to them by the instruments of their appointment.

7C Conditions of appointment of magistrates (1) A magistrate holds the position on the conditions (if any) about matters not provided for under this Act or another territory law that are decided by the Executive. (2) A person’s appointment as a magistrate is taken to be on a full-time basis unless the instrument of appointment states that the appointment is on a part-time basis. (3) A magistrate may, by written agreement with the Chief Magistrate, and with the approval of the Attorney-General— (a) if the magistrate is appointed on a full-time basis—arrange to work on a part-time basis; or (b) if the magistrate is appointed on a part-time basis—arrange to work on a full-time basis.

Magistrates other than special magistrates Division 2.2.1

7D Term of appointment of magistrates (1) A magistrate is appointed for the term ending when the magistrate turns 70 years old. Note 1 The Judicial Commissions Act 1994, s 4 provides that a magistrate may only be removed from office in accordance with that Act. Note 2 A magistrate’s appointment also ends if the magistrate resigns (see Legislation Act, s 210). (2) A person who is at least 70 years old must not be appointed as a magistrate.

7E Acting Chief Magistrate (1) The Executive may appoint a magistrate to act as Chief Magistrate. Note See the Legislation Act, s 209, div 19.3.2 and div 19.3.2A about acting appointments. (2) If no appointment is made under subsection (1), the senior magistrate who is in the ACT and is able and willing to act must act as Chief Magistrate. (3) Despite the Legislation Act, section 209 (2), the determination mentioned in section 7AA does not apply to the appointment of an acting Chief Magistrate.

7F Retirement (1) This section applies if a magistrate is— (a) an eligible employee for the Superannuation Act 1976 (Cwlth); or (b) a member of the superannuation scheme for the Superannuation Act 1990 (Cwlth); or (c) a member of any other superannuation scheme determined by the Attorney-General.

(2) The Executive may retire the magistrate on the ground of invalidity with the magistrate’s consent. (3) A determination under subsection (1) (c) is a notifiable instrument.

7G Magistrates not to do other work (1) A magistrate must not practise as a lawyer. (2) A magistrate must not, without the Attorney-General’s written consent— (a) engage in remunerative employment otherwise than in connection with duties as a magistrate; or (b) accept appointment to another position under a law of the Territory, the Commonwealth, a State or another Territory. (3) The Attorney-General must consult with the Chief Magistrate before giving consent.

7H Rights of public servants (1) A magistrate who was a public servant or APS employee immediately before his or her appointment keeps his or her existing and accruing rights. APS employee—see the Public Service Act 1999 (Cwlth), section 7.

8 Appointment of special magistrates The Executive may appoint special magistrates. Note For the making of appointments (including acting appointments), see the

Special magistrates Division 2.2.2 8AA Requirements of appointment—special magistrates (1) The Executive must, in relation to the appointment of special magistrates, determine— (a) the criteria that apply to the selection of a person for appointment; and (b) the process for selecting the person. (2) A determination is a notifiable instrument.

8A Term of appointment of special magistrates (1) A special magistrate is appointed— (a) for the term mentioned in the instrument of appointment; or (b) if a term is not mentioned—for the term ending when the special magistrate turns 70 years old. Note 1 The Judicial Commissions Act 1994, s 4 provides that a magistrate may only be removed from office in accordance with that Act. Note 2 A special magistrate’s appointment also ends if the special magistrate resigns (see Legislation Act, s 210). (2) A person who is at least 70 years old must not be appointed as a special magistrate. (3) A person must not be appointed as a special magistrate for a term that extends beyond the person’s 70th birthday.

8B Conditions of appointment of special magistrates A special magistrate holds the position on the conditions (if any) about matters not provided for under this Act or another territory law that are decided by the Executive.

9 Appointment of registrar etc (1) The Minister may appoint a registrar of the Magistrates Court. Note 1 For the making of appointments (including acting appointments), see the Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). (2) The registrar may appoint the deputy registrars of the court, bailiffs and other officers that are required. (3) In subsection (2): registrar does not include a deputy registrar.

9B Functions of registrar and deputy registrars (1) The registrar has power to administer oaths and may exercise the other functions given to the registrar under this Act, another territory law or an order of the court. (2) Subject to this Act and to any directions of the registrar, a deputy registrar may exercise the functions of the registrar under this Act or another territory law. made or in force under the Act, including regulations and rules (see Legislation Act, s 104). (3) The exercise of a function by a deputy registrar does not affect the power of the registrar to exercise the function.

Judicial officers exchange Division 2.2.3A

9C Definitions—div 2.2.3A ACT court means a court of this jurisdiction mentioned in an item in schedule 2, column 2. corresponding court, in relation to an ACT court mentioned in an item in schedule 2, column 2, means a court of another jurisdiction mentioned in the item, column 3. court includes tribunal. judicial exchange arrangement means an arrangement under section 9D. judicial officer means a magistrate or other person who, whether alone or together with others, constitutes a court, but does not include a lay member of a court. participating jurisdiction means the Commonwealth, a State or another country if under the law of that jurisdiction a judicial exchange arrangement may be entered into with the Attorney-General of this jurisdiction. Note State includes the Northern Territory (see Legislation Act, dict, pt 1). this jurisdiction means the ACT.

9D Establishment of judicial exchange arrangements (1) The Attorney-General of this jurisdiction may enter into an arrangement with the Attorney-General of a participating jurisdiction for the temporary transfer of judicial officers between ACT courts and corresponding courts. (2) An arrangement under this section cannot provide for the transfer of judicial officers to a federal court of the Commonwealth.

(3) Without limiting subsection (1), an arrangement under this section— (a) may require transfers to a court to be subject to the prior approval of either or both of the following: (i) the Attorney-General of this jurisdiction; (ii) the Attorney-General of the participating jurisdiction; and (b) may establish the manner and form in which a transfer to a court is to be made; and (c) may determine the rank, title, status and precedence of a transferred judicial officer.

9E Transfer of judicial officer of another jurisdiction to ACT court (1) This section applies if a judicial exchange arrangement provides for the transfer to an ACT court of a judicial officer of a corresponding (2) The Chief Magistrate may, in accordance with the judicial exchange arrangement and with the agreement of the senior judicial officer of the corresponding court, appoint a judicial officer of the corresponding court to act as a judicial officer of the ACT court. (3) The judicial officer of the corresponding court is qualified for appointment despite any law of this jurisdiction to the contrary. (4) The maximum term for which an appointment under this section may be made on any one occasion is 6 months. (5) However, an appointment under this section may not extend beyond the retirement age for judicial officers of the ACT court. (6) A judicial officer of a corresponding court may be appointed under this section to more than one ACT court.

Judicial officers exchange Division 2.2.3A (7) A judicial officer whose appointment under this section has ceased may complete or otherwise continue to deal with any matters relating to proceedings in the ACT court that have been heard, or partly heard, by the judicial officer before the appointment under this section ceased.

9F Service in ACT court of judicial officer of another jurisdiction (1) This section applies to a judicial officer of a corresponding court who is appointed to act as a judicial officer of an ACT court in accordance with a judicial exchange arrangement. (2) While acting as a judicial officer of the ACT court, the judicial officer of the corresponding court has all the powers, authorities, privileges and immunities of, and is taken to be for all purposes, a judicial officer of the ACT court. (3) Despite subsection (2), territory laws concerning the following matters do not apply to the judicial officer of the corresponding court while acting as a judicial officer of the ACT court: (a) the remuneration, allowances and other conditions of service of judicial officers; (b) the pension or other superannuation entitlements of judicial officers and related provisions; (c) the removal or suspension of judicial officers from office.

9G Service of ACT judicial officer in corresponding court (1) This section applies to a judicial officer of an ACT court who is appointed to act as a judicial officer of a corresponding court in accordance with a judicial exchange arrangement.

(2) The judicial officer’s service as a judicial officer of the corresponding court is taken to be service as a judicial officer of the ACT court for the purposes of territory laws about— (a) the remuneration, allowances and other conditions of service of judicial officers; and (b) the pension or other superannuation entitlements of judicial officers and related provisions; and (c) the removal or suspension of judicial officers from office.

9H Judicial office not affected by appointment to another judicial office (1) In this section: court includes a tribunal (however described) that exercises functions of a judicial nature or functions of a similar nature (such as conciliation functions, arbitration functions, disciplinary functions or administrative review functions). judicial office extends to the office of any member of a court, but only if the holder of the office is required to be a judicial officer or have legal qualifications. (2) The doctrine of incompatibility of office— (a) does not operate to prevent the holder of a judicial office (the original office) from being appointed to another judicial office (the additional office); and (b) does not operate to effect or require the surrender or vacation of the original office as a result of the appointment to the additional office. (3) This section applies— (a) even if the original office or the additional office is held on an acting or temporary basis; and

Jurisdiction of magistrates Division 2.2.4 (b) even if the original office or the additional office is a judicial office of another jurisdiction (including, but not limited to, judicial offices to which appointments are made under section 9E); and (c) even if an appeal lies from a decision of the court of one of the judicial offices to the court of the other judicial office; and (d) even if the courts of the judicial offices are not of the same status.

9I Other arrangements not affected This division does not limit or affect any other arrangements under which— (a) a judicial officer of another jurisdiction may be appointed or act as a judicial officer of this jurisdiction; or (b) a judicial officer of this jurisdiction may be appointed or act as a judicial officer of another jurisdiction.

9J Amendment of sch 2 A regulation may amend schedule 2.

10P Oath etc of office (1) A person appointed as the Chief Magistrate, a magistrate or special magistrate must not exercise the functions given to a magistrate under any territory law unless the person has sworn an oath or made an affirmation in accordance with the form in schedule 1. (2) The oath must be sworn or affirmation made before the Chief Justice.

11 Acts done beyond ACT (1) An act done by a magistrate, because of his or her office, outside the ACT for the purpose of authenticating the signature of a person to an instrument intended to take effect in the ACT is, unless the act is required by law to be done in the ACT, effective for any territory law. (2) An oath or affirmation administered by a magistrate, because of his or her office, outside the ACT in any case in which an oath or affirmation may be administered by a magistrate is, unless the oath or affirmation is required by law to be administered in the ACT, effective for any territory law.

12 Acts by magistrate out of court etc (1) Any magistrate out of court or the registrar may do all or any of the following: (a) receive an information; (b) issue a summons or warrant on an information; (c) issue a summons or warrant to compel the attendance of a witness; (d) do anything else that is necessary and preliminary to a hearing. (2) Without limiting subsection (1), if a law in force in the ACT provides that an information or complaint may be laid or made before, or a summons or warrant issued by, a court or justice of the peace, the information or complaint may be laid or made, and the summons or warrant may be issued, by a magistrate or the registrar.

13 Making of enforcement order after case decided After a case has been heard and decided, any magistrate or the registrar may make an enforcement order for the purposes of the case.

Jurisdiction of magistrates Division 2.2.4

15 Process not invalid only because of death of magistrate etc A summons or warrant issued, or order made, by a magistrate or registrar is not invalid only because of the magistrate or registrar dying or otherwise ceasing to hold the position.

16 Order instead of mandamus order (1) If a magistrate or registrar refuses to do any act relating to the duties of his or her office as a magistrate or registrar, the party requiring the act to be done may apply to the Supreme Court for an order calling on the magistrate or registrar and also the party to be affected by the act to show cause why the act should not be done, and if good cause is not shown against it, the Supreme Court may make the order absolute, with or without payment of costs. (2) A magistrate or registrar on being served with an order absolute must obey the order, and do the act required by it to be done.

17 Magistrates may exercise functions of justices of peace If under any law in force in the ACT, anything is required or permitted to be done before, to or by a justice of the peace, it may be done before, to or by a magistrate.

Part 2.3 Protection of magistrates in execution of their office Part 2.3 Protection of magistrates in execution of their office 17A Protection and immunity of magistrates (1) A magistrate, when exercising the functions of a magistrate, has the same protection and immunity as a judge when exercising the functions of a judge. (2) Without limiting subsection (1), a magistrate, when exercising an administrative function of the magistrate under a law in force in the Territory, has the same protection and immunity as a magistrate in a judicial proceeding. Note If a function of a magistrate is exercisable by a registrar, magistrate includes a registrar exercising the function (see dict).

17D No action for acts done under Supreme Court order An action is not maintainable against a magistrate for doing an act if the magistrate does the act in accordance with a Supreme Court order.

Preliminary Part 3.1

Part 3.1 Preliminary

18A Definitions for ch 3 Crimes Act means the Crimes Act 1900. decision includes a committal for trial, admission to bail, and a conviction, order or other decision. defendant means a person against whom an information is laid.

19 Jurisdiction of court If, by any law in force in the ACT, any offence is punishable on summary conviction or any person is made liable to a penalty or punishment or to pay an amount for any offence, act or omission, and no other provision is made for the trial of the person committing the offence, the matter may be heard and decided by the court in a summary way under the provisions of this Act.

21 Jurisdiction of court if defendant absent from ACT The court has jurisdiction even though the defendant is not in the ACT.

22 Proceeding of court if it considers offence should be dealt with on indictment If, for an information in relation to an offence that is punishable either summarily or on indictment it appears to the court, on the close of the case for the prosecution, that the offence ought to be dealt with on indictment, the court must abstain from adjudication on the information and must deal with the case for the purpose of committal for trial only.

Beginning criminal proceedings—general Division 3.3.1 Division 3.3.1 Beginning criminal proceedings—

25 Informations A proceeding may be started in the court by information laid by the informant or by a lawyer or anyone else representing the informant. Division 3.3.2 Informations

26 Laying of informations An information may be laid before a magistrate in any case where a person has committed or is suspected of having committed, in the ACT, an indictable offence or an offence that may be dealt with summarily as provided in section 19.

27 Description of people and property and of offences (1) Such description of people or things as would be sufficient in an indictment is sufficient in informations. (2) The description of any offence in the words of the Act, ordinance, law, order, by-law, regulation, or other instrument creating the offence, or in similar words, is sufficient in law.

28 Power of court to amend information (1) If at the hearing of any information or summons any objection is taken to an alleged defect in it in substance or form or if objection is taken to any variance between the information or summons and the evidence adduced at the hearing of it, the court may make any amendment in the information or summons that appears to it to be desirable or to be necessary to enable the real question in dispute to be decided.

(2) The court must not make an amendment under subsection (1) if it considers that the amendment cannot be made without injustice to the

29 Court may adjourn hearing if amendment made If in any case where an amendment in an information or summons has been made under section 28 the court considers that the defendant has been misled by the form in which the information or summons has been made out, it may adjourn the hearing of the case for the period it considers appropriate and may make any order about the costs of the adjournment it considers appropriate.

30 Form of information (1) If a warrant is intended to be issued in the first instance against the person charged, the information must be in writing and on oath. (2) The oath may be made by the informant or someone else. (3) If a summons instead of a warrant is intended to be issued in the first instance against the person charged, the information may be made orally and without oath. (4) Subsection (3) applies whether or not the law under which the information is laid requires it to be in writing.

37 When magistrate may issue summons If an information is laid before a magistrate, the magistrate may issue a summons.

Court attendance notices Division 3.3.3A

38 Form of summons A summons issued in the case of an information must be directed to the defendant, and must state shortly the matter of the information and require the defendant to appear at a certain time and place before the court, to answer to the information and to be further dealt with according to law.

41 Service of summons (1) A summons issued in relation to an information may be served on the person to whom it is directed by— (a) giving a copy of the summons to the person; or (b) leaving a copy of the summons at the last-known or usual home or business address of the person with someone who appears to be at least 16 years old and to live or be employed at the address. (2) Service of a summons under subsection (1) must be effected at least 72 hours before the time appointed in the summons for the hearing of the information. (3) If it appears to the court or a magistrate or the registrar, by statement on oath or by affidavit, that from any cause service in accordance with subsections (1) and (2) cannot be effected, the court or magistrate or the registrar may extend the time for hearing. (4) Service of a summons in accordance with this section may be proved by the oath of the person who served it or by affidavit or otherwise.

41A Definitions—div 3.3.3A authorised person means— (a) a police officer; or

(b) a person prescribed by regulation. court attendance notice—see section 41B.

41B Commencing criminal proceeding by court attendance notice (1) A proceeding for an alleged offence may be commenced by serving and filing a notice (a court attendance notice) under this division. (2) A court attendance notice served on a person must–– (a) state the name of the person; and (b) describe the offence to which it relates; and (c) briefly state the particulars of the offence; and (d) state the name of the authorised person serving the notice; and (e) unless a warrant is issued for the arrest of the person or the person is refused bail— (i) require the person to appear before a magistrate at a stated date, time and place; and (ii) state that failure to appear may result in the person’s arrest or in the proceeding being dealt with in the person’s absence; and (f) if the person consents to appear before a magistrate at the stated date and time—include a statement, signed by the person, that the person consents to appear at the stated date and time. (3) It is sufficient to describe an offence in the notice in the way the offence is described in the law that creates the offence. (4) The date stated for the person to appear before a magistrate must be— (a) at least 14 days after the day the notice is served; or

Court attendance notices Division 3.3.3A (b) if the notice contains a consent signed by the person to appear before a magistrate at an earlier date available to a Magistrate— the date as stated in the notice. (5) The rules may prescribe additional matters that must be included in a court attendance notice.

41C Court attendance notice––service (1) If an authorised person suspects, on reasonable grounds, that a person has committed an offence, the authorised person may serve a court attendance notice on the person. (2) The notice must be served personally by the authorised person. (3) The Court Procedures Rules 2006, part 6.8 (Service) apply to the service of a court attendance notice as if— (a) the notice were a document in the proceeding for the offence to which it relates; and (b) the copy of the notice served were a stamped copy. (4) However, the Court Procedures Rules 2006, division 6.8.3 (Service—Magistrates Court) does not apply to service of a court attendance notice.

41D Court attendance notice—filing (1) A copy of a court attendance notice served on a person must be filed— (a) not less than 14 days before the day stated in the notice for the person to appear before a magistrate; or (b) if the notice contains a consent signed by the person to appear before a magistrate at a date earlier than 14 days after service of the notice—as soon as practicable.

(2) If a warrant is intended to be issued in the first instance against the person, the notice must be filed with a sworn statement about the particulars of the offence stated in the notice.

41E Court attendance notice—relationship to information and summons (1) This division is additional to, and does not limit, any other provision of a territory law about an information or summons in relation to a criminal proceeding. (2) A court attendance notice served under this division is taken, for all purposes, to be a summons served under division 3.3.3. (3) A court attendance notice filed under this division is taken, for all purposes, to be an information laid under division 3.3.2. (4) For subsections (2) and (3), a provision mentioned in subsection (1) applies, with any necessary changes and any changes prescribed by regulation— (a) in relation to a court attendance notice served under this division—as if it were a summons issued under division 3.3.3; and (b) in relation to a court attendance notice filed under this division—as if it were an information laid under division 3.3.2.

42 Issue of warrant and summons (a) an information is laid before a magistrate under division 3.3.2 against a person for an offence; and (b) the information is substantiated by the oath of the informant or a witness; and

Warrants Division 3.3.4 (c) the person is not in custody. (2) The magistrate may issue a warrant for the person’s arrest, and for bringing the person before the court to answer to the information and to be further dealt with according to law. (3) However, the magistrate may issue a summons instead of the warrant if the magistrate considers it appropriate. (4) The issue of the summons does not prevent a magistrate from issuing a warrant at any time before or after the time mentioned in the summons for the person’s appearance. (5) However, subsection (4) does not authorise the issue of a warrant to bring the person before the court to answer to the information if a summons has been served on the person for the offence in accordance with section 116B (Service of summons for prescribed offence).

43 Procedure on filing indictment (1) If an indictment in relation to an offence committed in the ACT has been filed in the Supreme Court by the Attorney-General, Attorney- General of the Commonwealth or other officer, authority or person duly appointed in that behalf against any person then at large, whether on bail or not, the registrar of the Supreme Court must at any time after the end of the then sittings of the court if the person so indicted has not already appeared and pleaded to the indictment, on application by or on behalf of the prosecutor, grant to the prosecutor or person applying on the prosecutor’s behalf a certificate that the indictment has been filed.

(2) On production of the certificate to a magistrate, the magistrate must— (a) if the person indicted is, at the time of both the application for and the production of the certificate, detained at a correctional centre (including a NSW correctional centre) for any other offence—on proof on oath that the person is the person charged in the indictment, issue a warrant directing the person in charge of the correctional centre to detain the person until, by a habeas corpus order or another order, the person is removed from custody for the purpose of being tried on the indictment, or until the person is otherwise removed or discharged out of custody by due course of law; and (b) in any other case—issue a warrant to apprehend the person so indicted and to cause the person to be brought before the court to be dealt with according to law and the court when any person apprehended under any such warrant is brought before it must on proof on oath that the person is the person charged and named in the indictment, and without further inquiry commit the person for trial or admit the person to bail in accordance with the Bail Act 1992.

44 Direction of warrant A warrant to apprehend a defendant that the defendant may answer to an information may be directed either to any police officer by name or generally to all police officers within the ACT, without naming them, or to both.

45 Any police officer may execute warrant If a warrant is directed to all police officers, any police officer may execute the warrant as if it were directed specially to the police officer by name.

Warrants Division 3.3.4

47 Form of arrest warrant A warrant issued on an information must— (a) briefly state the offence or matter of the information; and (b) name or otherwise describe the person against whom it is issued; and (c) order the police officers to whom it is directed to— (i) arrest the person; and (ii) bring the person before the court to answer the information and to be further dealt with according to law.

48 Warrant to be in force till executed A warrant need not be returnable at any particular time, but may remain in force until executed.

49 Sunday warrants A magistrate may issue a warrant on an information of an indictable offence, or a search warrant, on a Sunday as on any other day.

Division 3.4.1 Hearing of criminal proceedings—general Division 3.4.1 Hearing of criminal proceedings— 53 Conduct of case generally (1) The informant may— (a) conduct his or her case personally or by a lawyer; and (b) examine and cross-examine the witnesses giving evidence for or against the informant; and (c) if the defendant gives any evidence or examines any witness about anything other than general character—call and examine witnesses in reply. (2) The defendant may— (a) fully answer and defend personally or by a lawyer; and (b) give evidence; and (c) examine and cross-examine the witnesses giving evidence for or against the defendant.

54 If both parties present in court to hear case The court must hear and decide an information if both parties to the information appear personally or by lawyers or anyone else appearing for them.

62 Definitions—div 3.4.2 prescribed period means 18 hours from the time a person is arrested under a warrant. reporting officer means the police officer mentioned in section 67 (2) (b). warrant means a warrant under this division.

63 Warrant to bring witness to court (1) The court may issue a warrant for the arrest of a person who is a witness in a hearing if the person— (a) was informed of the time and place of the hearing; and (b) was required to attend to give evidence at the hearing in accordance with— (i) a subpoena served on the person; or (ii) an order of the court; or (iii) an undertaking given to the court by the person; and (c) failed to attend the hearing as required; and (d) did not provide the court with a reasonable explanation for not attending. (2) A warrant must not be issued under subsection (1) unless— (a) the court is satisfied that the party calling the person as a witness in the proceeding has taken reasonably practicable steps to contact the person; and (b) it is in the interests of justice to issue the warrant.

(3) In deciding whether it is in the interests of justice to issue a warrant, the court must consider the following: (a) the importance of the evidence the person is expected to give; (b) whether the evidence could be obtained by other means; (c) the nature of the matter being heard; (d) the degree of urgency to resolve the matter; (e) the likelihood that the issue of a warrant would secure the person’s attendance at the hearing; (f) if the court has been contacted by the person, or the party calling the person as a witness in the proceeding has contacted the person— (i) the reason (if any) given by the person for not attending as required; and (ii) the impact of using a warrant for the arrest of the person.

64 First instance warrant (1) The court may, instead of issuing a subpoena for the attendance of a witness in a hearing, issue a warrant in the first instance for the arrest of the person if it is— (a) unlikely that the person will attend the hearing to give evidence unless the person is compelled to do so; and (b) in the interests of justice to do so. (2) In deciding whether it is in the interests of justice to issue a warrant, the court must consider the following: (a) the importance of the evidence the person is expected to give; (b) whether the evidence could be obtained by other means; (c) the nature of the matter being heard;

(d) the degree of urgency to resolve the matter; (e) the likelihood that the issue of a warrant would secure the person’s attendance at the hearing; (f) the impact of using a warrant for the arrest of the person.

65 Warrant remains in force until executed A warrant remains in force until whichever of the following happens first: (a) the warrant is executed; (b) the court revokes the warrant.

66 Executing a warrant (1) A warrant authorises a police officer (an executing officer) to— (a) arrest the person named in the warrant; and (b) bring the person before the court. (2) If an executing officer believes on reasonable grounds that the person named in the warrant is on any premises, the officer is authorised to enter the premises, using not more than necessary and reasonable force in the circumstances, to execute the warrant. (3) However, an executing officer is not authorised to enter a dwelling house to execute the warrant before 6 am or after 9 pm on any day, unless the officer believes on reasonable grounds that it would not be practicable to arrest the person at the dwelling house, or another location, at any other time. (4) An executing officer— (a) must use not more force than is necessary to arrest the person and remove the person to the place stated in the warrant; and (b) must, before removing the person, explain to the person the purpose of the warrant; and

(c) must tell the person of his or her right to contact a lawyer, and allow the person to contact a lawyer if the person wishes to do so; and (d) if a person is under a legal disability—must inform a parent or guardian of the person of the arrest. dwelling house includes a conveyance, and a room in a hotel, motel, boarding house or club, where people ordinarily sleep at night.

67 Procedure after arrest (1) A person who is arrested under a warrant must be brought before the court— (a) as soon as practicable after the person is arrested; and (b) within the prescribed period; and (c) in accordance with this section. (2) A person must be brought before the court by a police officer— (a) if the court is sitting at the time the officer is able to bring the person before the court—in person; or (b) if the court is not sitting at the time the officer is able to bring the person before the court—by telephone call made by the officer to a magistrate to report the execution of the warrant to the court. (3) A person brought before the court must be dealt with in accordance with section 68. (4) A person arrested under a warrant— (a) may be detained by a police officer for not longer than the prescribed period for the officer to comply with subsection (2); and

(b) must be released if the officer cannot comply with that subsection within the prescribed period.

68 Orders following executed warrant (1) The court may order that the person— (a) be remanded in custody until the date, time and place specified in the order; or (b) be released on a recognisance, signed by the person, in which the person agrees to appear before the court on a day and at a time and place specified by the court— (i) in the recognisance; and (ii) in any subsequent notice given or sent to the person by the court; or (c) be released unconditionally. (2) If the court makes any orders in relation to a person under this section, the person must be given written notice of the orders by— (a) if the court is sitting when the order is made—the court; or (b) if the court is not sitting when the order is made—the reporting officer. (3) Any single period of remand ordered under this section must not be longer than— (a) 28 days; or (b) if the person chooses to be remanded for a longer period without review—a longer period that the court considers reasonable. (4) Division 3.4.4 applies to a recognisance under this section.

70 Remand of defendant (1) This section applies if the court considers it is necessary or desirable to adjourn the hearing of a proceeding for an indictable offence— (a) because of the absence of witnesses; or (b) for any other reasonable cause. (a) adjourn the hearing; and (b) order the remand of the defendant into custody for a stated period; and (c) order the director-general to arrange for the defendant to be brought before the court at a stated time and place for the hearing. Note 1 The court must issue a warrant for the remand of the defendant in the (3) If the period of remand is not longer than 3 days, the order may be made orally. (4) Any single period of remand under this section must be no longer than— (a) 28 days; or (b) if the defendant chooses to be remanded for a longer period without review—a longer period that the court considers reasonable.

Remand Division 3.4.3

72 Bringing remanded defendant before court The court may order that a defendant remanded under section 70 be brought before the court at any time during the period for which the defendant was remanded. Note The Crimes (Sentence Administration) Act 2005, pt 3.2 and pt 3.3 provide for the director-general to have custody of the defendant during the remand and to bring the defendant before the court as ordered by the

72A Bail application hearings—audiovisual links (a) a person in custody is entitled to appear, or is required to appear or be brought, before the court for the hearing of an application for bail; and (b) the hearing could be conducted using an audiovisual link between the court and the place of custody. (2) Unless the court directs otherwise, the hearing must be conducted using the audiovisual link. (3) The court may amend or revoke a direction under subsection (2)— (a) at any time; and (b) on its own initiative or on application by a party to the bail (4) In this section: audiovisual link—see the Evidence (Miscellaneous Provisions) Act 1991, dictionary.

72B Defendant’s appearance in non-bail proceedings— audiovisual links (1) This section applies if the court gives a direction under the Evidence (Miscellaneous Provisions) Act 1991, section 20 (1) (Territory courts may take evidence and submissions from participating States) or section 32 (1) (Territory courts may take evidence and submissions from another place) in relation to any part of a proceeding in relation to a defendant remanded under— (a) section 70 (Remand of defendant); or (b) section 72 (Bringing remanded defendant before court). (2) The director-general must make arrangements to ensure that the evidence can be taken, or the submission made, in accordance with the court’s direction.

73A Extended application of div 3.4.4 (1) This division applies in relation to a person for whom a warrant prescribed under the rules has been issued under the rules as if all necessary changes, and any changes prescribed under the rules, were made. (2) This section does not limit any other application of this division.

74 Remand of defendant before decision The court may, at any time before the court gives its decision in a case, order that the defendant be remanded in custody. Note 1 If the court remands the defendant in custody, it must issue a warrant for the defendant’s remand in the director-general’s custody (see Crimes (Sentence Administration) Act 2005, s 17).

Committal and recognisance Division 3.4.4

75 Remand of witness or defendant after decision (1) If the court commits a witness or a person sought to be made a witness, it must order that the witness or person be remanded in custody. (2) If the court commits a defendant, it must order that the defendant be remanded in custody.

76 Witnesses may be discharged on recognisance A witness, other than a witness committed under section 312 (Failure to give evidence—committal), or person sought to be made a witness may be discharged on recognisance.

77 Recognisances If the court is authorised to discharge the witness, or person sought to be made a witness, on recognisance, it may order his or her discharge on his or her entering into a recognisance, with or without a surety or sureties at its discretion, conditioned for his or her appearance at the time and place to which the hearing is adjourned, or that is named in the recognisance.

78 Issue of warrant for non-appearance If the witness, or person sought to be made a witness, does not appear at the time and place mentioned in the recognisance, the court may adjourn the hearing, and may issue a warrant for his or her apprehension in accordance with division 3.3.4 (Warrants).

79 Recognisances taken out of court (1) A recognisance under this Act need not be entered into before the court, but may be entered into by the parties before— (a) a magistrate; or (b) the registrar; or

(c) a police officer in charge of a police station; or (d) if a party is at a correctional centre—the person in charge of the centre. (2) The provisions of this Act in relation to recognisances taken before the court apply in relation to the recognisance as if it had been entered into before the court.

80 Forfeited recognisances—how enforced If the conditions, or any of them, in a recognisance entered by a witness or a person sought to be made a witness are not complied with, any magistrate may certify on the back of the recognisance in what respect the conditions have not been observed, and give it to the proper officer, to be proceeded on in a similar way as other recognisances, and that certificate is taken to be deemed sufficient prima facie evidence of the recognisance having been forfeited.

83 Magistrate may adjourn court generally If all the cases have not been heard and decided at any sitting of the court, the magistrate may adjourn the cases remaining unheard or undecided, either to the next day appointed for the holding of the court or to the other time the magistrate considers appropriate.

84 Particular cases may be adjourned (1) Before or during the hearing or further hearing of an information, the magistrate may adjourn the hearing or further hearing. (2) The magistrate may, by order, release the defendant (whether or not on bail) or remand the defendant in custody. Note 1 The court must issue a warrant for the defendant’s remand in the

Adjournment of criminal proceedings Division 3.4.5

85 Proceeding if either party not present at adjourned hearing (1) This section applies if either or both of the parties do not appear personally or by lawyers or anyone else appearing for them at the time and place to which the hearing or further hearing is adjourned. (a) go ahead with the hearing or further hearing as if the party or parties were present; or (b) if the informant does not appear—dismiss the information, with or without costs as the court considers just.

86 Proceeding if both parties present at adjourned hearing (1) This section applies if the parties appear personally or by lawyers or anyone else appearing for them at the time and place to which the hearing or further hearing is adjourned. (2) The court may go ahead with the hearing or further hearing.

87 Witness to attend adjourned etc hearing (1) This section applies to a person who is required by summons to attend a hearing to give evidence or produce a document if the hearing is adjourned or postponed. (2) The person must attend at the time and place to which the hearing is adjourned or postponed without the issue or service of a further (3) However, the person is entitled to additional expenses for attending.

88 Postponement of hearing If, on the return of any summons or at any adjournment of the hearing or at the time to which the hearing is postponed, a magistrate is not present, the registrar may, and after the lapse of an hour, at the request of the informant, must, postpone the hearing until the next day when a court will be held at the place mentioned in the summons or to which the case has been so adjourned.

Dispensing with application of part Division 3.5.1 Part 3.5 Proceedings for indictable Division 3.5.1 Dispensing with application of part 88A Dispensing with application of part in interests of justice The court may dispense with the application of 1 or more provisions of this part to a proceeding if it considers it necessary or expedient to do so in the interests of justice. Division 3.5.1A Waiver of committal proceedings

88B Court may waive committal proceedings (1) The court may commit an accused person for trial— (a) on application by the person; and (b) with the prosecutor’s consent. Note If a form is approved under the Court Procedures Act 2004, s 8 for this (2) If the court commits an accused person for trial under subsection (1) and the person has been charged with a back-up or related offence— (a) the prosecutor must tell the court about the back-up or related (b) the court must transfer the proceeding for the back-up or related offence to the Supreme Court, to be dealt with under the Supreme Court Act 1933, part 8. (3) Subsection (2) does not prevent the accused person being charged with an offence after committal under subsection (1).

(4) However, if the accused person is charged with a back-up or related offence after committal under subsection (1), the court must transfer the proceeding for the offence to the Supreme Court, to be dealt with under the Supreme Court Act 1933, part 8. accused person means a person charged with an indictable offence. Division 3.5.2 Indictable offences—beginning of proceedings

89 Indictable offences—issue of warrant for non-appearance (a) a person is alleged by an information to have committed an indictable offence; and (b) a summons is issued against the person; and (c) the person does not appear before the court at the time and place mentioned in the summons; and (d) the court is satisfied, on oath, that the summons was properly served on the person a reasonable time before the time mentioned in the summons for the appearance; and (e) the information is substantiated by the oath of the informant or a witness. (2) This section also applies if— (a) subsection (1) (a), (b) and (e) apply in relation to a person; and (b) the person appears before the court for the hearing of the information for the offence; and (c) the court adjourns or postpones the hearing or further hearing; and

(d) the person is told of the time and place of the adjourned or postponed hearing or further hearing; and (e) the person does not appear before the court at the adjourned or postponed hearing or further hearing. (3) The court may issue a warrant for the person’s arrest and for bringing the person before the court to answer to the information and to be further dealt with according to law. (4) This section does not apply if an order has been made under section 89A (1) excusing the person from attending before the court.

89A Accused person may be excused from attendance before court (a) an information for an indictable offence has been laid; and (b) a summons has been issued against the person named in the information; the court may, on an application made by or on behalf of the person, by order excuse the person from attendance before the court to answer the information or for any other purpose in connection with the proceeding begun by the information. (2) An order under subsection (1) may be made— (a) at any time after the issue of the summons and before the completion of the taking of evidence for the prosecution; and (b) whether or not any evidence has been taken in the proceeding; and (c) whether or not the applicant for the order is before the court or has attended before the court in relation to the proceeding.

(3) The court must not make an order under subsection (1) unless the court has been informed, by or on behalf of the applicant, that the applicant is represented by a lawyer for the purposes of the (4) The court may, at any time during a proceeding begun by an information for an indictable offence, direct the informant to give to a person in relation to whom an order has been made under subsection (1) written notice requiring the person to attend before the court, for the purposes of the proceeding, at the time and place specified by the court. (5) If— (a) a person has been excused, under subsection (1), from attendance before the court; and (b) all the evidence for the prosecution has been taken; the court must direct the informant to give to the person a written notice requiring the person to attend, at the time and place specified by the court, to be dealt with in accordance with section 91. (6) A notice under subsection (4) or (5) may be given to a person by— (a) giving a copy of the notice to the person; or (b) leaving a copy of the notice at the last-known or usual home or business address of the person with someone who appears to be at least 16 years old and to live or be employed at the address. (7) The giving of a notice under subsection (4) or (5) may be proved in the same way as the service of a summons. (8) If an accused person does not attend before the court in accordance with a notice under subsection (4) or (5), the court may issue a warrant for the arrest of the person and for bringing the person before the court at the time and place specified in the warrant.

90 Committal proceedings—prosecutor must give brief of evidence to accused person (1) This section applies in relation to a person charged with an indictable offence (an accused person) if— (a) the accused person is charged with the offence on or after the day the Crimes (Disclosure) Legislation Amendment Act 2024, section 14 commences; and (b) a committal hearing is to be held in relation to the charge. (2) The prosecutor must give the accused person a brief of evidence about the offence that is the subject of the proceeding— 28 days before the date set for the committal hearing. (3) The brief of evidence must include— (a) a copy of each written statement that the prosecutor proposes to tender at the hearing; and (b) for each exhibit identified in a statement mentioned in paragraph (a)—a copy of the exhibit or a notice about the right to inspect the exhibit; and (c) a copy of, or a written notice about the right to inspect, any information, document or other thing obtained by the prosecutor (whether or not it could be admitted as evidence) that— (i) is relevant to the basis of the prosecution case; or (ii) is reasonably capable of being relevant to the case for the accused person; or (iii) would affect the strength of the prosecution case.

(4) A copy of each document mentioned in subsection (3) (a) and (b) must be filed in the court— 28 days before the date set for the committal hearing. (5) The prosecutor must give the accused person a copy of, or a written notice about the right to inspect, any other information, document or thing that— (a) comes into the prosecutor’s possession or control, or to their notice, after giving the brief of evidence to the accused person; and (b) is mentioned in subsection (3) (c); and (c) was not disclosed in the brief of evidence. Note The prosecutor must comply with this subsection as soon as possible after the information, document or other thing comes into their possession or control, or to their notice (see Legislation Act, s 151B). (6) The prosecutor must give the accused person a notice under subsection (3) (c) or (5) about the right to inspect information, a document or another thing only if— (b) the accused person agrees to inspect the information, document or other thing instead of receiving a copy of it.

90AAA Address and contact details of people generally must not be disclosed as part of pre-committal disclosure (a) the prosecutor is required under section 90 (3) (c) or (5) or section 90AAD to do any of the following (a disclosure obligation): (i) give an accused person a copy of, or a notice about the right to inspect, information, a document or another thing; (ii) allow the accused person or their lawyer to inspect information, a document or another thing in a notice mentioned in section 90 (3) (c) or (5); and (b) complying with the disclosure obligation would— (i) disclose an address or contact details of a witness proposed to be called by the prosecutor or any other living person; or (ii) allow the address or contact details to be worked out; and (c) the address or contact details are not relevant to the prosecution case or the defence case. (2) The prosecutor must comply with the disclosure obligation to the extent possible without— (a) disclosing the address or contact details; or (b) allowing the address or contact details to be worked out. Examples 1 The prosecutor redacts a person’s address or contact details from a copy of a document given to the accused person. 2 The prosecutor, when allowing the accused person to inspect something with a person’s address or contact details on it, temporarily conceals the address or contact details so it cannot be read by the accused person. 3 The prosecutor does not give the accused person a copy of a document that consists solely of the address or contact details of a person, and notifies the accused person why the document was not disclosed.

(3) The court may make an order requiring the prosecutor to comply with subsection (2) in a particular way or subject to particular conditions. (4) Subsection (2) does not apply if the court is satisfied that— (a) it is in the interests of justice (including the right of the accused person to prepare for the hearing of the evidence for the prosecution) that the person’s address or contact details be disclosed; and (i) disclosure of the address or contact details is not likely to create a reasonably foreseeable risk to the welfare or safety of the person or any other person; or (ii) if there is a risk mentioned in subparagraph (i)—the interests of justice outweigh the risk. (5) This section does not apply to the disclosure of a person’s address or contact details in general terms that does not— (a) disclose the person whose address or contact details it is; or (b) allow the person whose address or contact details it is to be worked out. 90AAB Material used to give evidentiary certificate etc need not be disclosed as part of pre-committal disclosure (1) Section 90 (3) (c) and (5) do not require a prosecutor to give an accused person a copy of, or a notice about the right to inspect, any information, document or other thing that was prepared or used only in the course of giving an evidentiary certificate about a matter. evidentiary certificate means a certificate that, under a territory law, is evidence of the matters stated in the certificate.

90AAC Effect of pre-committal disclosure obligations on other laws (1) Section 90 does not limit another territory law that requires the prosecution in a criminal proceeding to disclose something to a person charged with an indictable offence in relation to a committal hearing. Note Territory law includes the common law (see Legislation Act, dict, pt 1, def territory law and law, of the Territory). (2) Section 90 (3) (c) and (5) do not require the disclosure by the prosecutor of anything that is the subject of— (a) a claim of privilege or public interest immunity; or (b) an immunity conferred by a law applying in the ACT or elsewhere; or (c) a prohibition or restriction under a law applying in the ACT or elsewhere on the disclosure of the thing to the accused person (a non-disclosure obligation). (3) However, if the prosecutor does not disclose something mentioned in subsection (2), they must instead give the accused person a statement (a) describes the thing to the extent possible without— (i) prejudicing a claim or intended claim of privilege or immunity or an application in relation to a non-disclosure obligation; or (ii) contravening a non-disclosure obligation; and (b) outlines the nature of the claim or intended claim of privilege or immunity or the non-disclosure obligation that applies to the thing.

(4) A statement under subsection (3) must be— (a) if the thing was not disclosed in the brief of evidence under section 90 (3) (c)—included in the brief of evidence; or (b) if the thing was not disclosed under section 90 (5)—given to the accused person as soon as possible after the thing comes into the prosecutor’s possession or control, or to their notice. 90AAD Prosecutor must allow inspection of certain disclosed matters on request (1) This section applies if an accused person has been given a brief of evidence under section 90. (2) The accused person or their lawyer may ask the prosecutor to allow the accused person or their lawyer to— (a) inspect any exhibit, information, document or other thing in a notice mentioned in section 90 (3) (b) or (c) or section 90 (5); and (b) if a statement mentioned in section 90 (3) (a) is a transcript of a recording mentioned in section 90AA (4)—listen to or view the recording. (3) The prosecutor must comply with a request under this section. (4) However, this section does not entitle the accused person or their lawyer to be given or make a copy of a recording mentioned in section 90AA (4). 90AA Written statements may be admitted in evidence (1) If the prosecutor has served a copy of a written statement mentioned in section 90 (3) (a) on the accused person in accordance with section 90, the court at the committal hearing must (subject to subsection (3)) admit the statement (and any exhibit identified in it) as evidence of the matters in it.

(2) The statement is the deposition of the person who made it if admitted into evidence. (3) Subject to subsection (4), a written statement must not be admitted in evidence by the court unless— (a) it contains the following endorsement by the person who made it: ‘This statement made by me accurately sets out the evidence that I would be prepared, if necessary, to give in court as a witness. The statement is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I will be liable to prosecution if I have wilfully stated in it anything that I know to be false or do not believe to be true.’; and (b) it contains a statement that, before the person signed it, the person who made it read the statement or had it read to the (4) A written statement that is in the form of a transcript of a recording made by a police officer may be admitted in evidence by the court if— (a) the transcript is of a recording of an interview with a person during which the person was questioned by the police officer in connection with the investigation of an offence the subject of the (b) a police officer certifies that the statement is an accurate transcript of the recording. (5) If it appears to the court that any part of a written statement tendered in evidence under this section is inadmissible according to the rules of evidence, the court may, if the statement is otherwise admissible under this section, admit that statement, but, if it does so, must identify the part that is inadmissible and must, with reference to that part, write on the statement the words ‘ruled inadmissible’ or words to that effect.

(6) A prosecution witness may give evidence-in-chief in person at a committal hearing only with the court’s leave. (7) The court may give leave only— (a) on application by the prosecution; and (b) if it considers that the interests of justice cannot adequately be satisfied if the witness’s evidence-in-chief is not given in person at the hearing. (8) However, a person must not be required to attend and give evidence at a committal hearing in relation to a sexual offence (whether or not the hearing also relates to another offence) if the person is a complainant in relation to the sexual offence. (9) In this section: sexual offence means an offence against the Crimes Act 1900, part 3 (Sexual Offences), part 4 (Female genital mutilation) or part 5 (Sexual servitude). 90AB Witnesses generally not to be cross-examined at committal hearing (1) A witness must not be cross-examined at a committal hearing if— (a) the hearing relates to a sexual offence (whether or not it relates also to another offence); and (b) the witness is a complainant in relation to the sexual offence. (2) A witness (other than a witness mentioned in subsection (1)) must not be cross-examined at a committal hearing unless, on application by the party seeking to cross-examine the witness, the court is satisfied (a) the party has— (i) identified an issue to which the proposed questioning relates; and

(ii) provided a reason why the evidence of the witness is relevant to the issue; and (iii) explained why the evidence disclosed by the prosecution does not address the issue; and (iv) identified to the court the purpose and general nature of the questions to be put to the witness to address the issue; and (b) the interests of justice cannot adequately be satisfied by leaving cross-examination of the witness about the issue to the trial. sexual offence means an offence against the Crimes Act 1900, part 3 (Sexual offences), part 4 (Female genital mutilation) or part 5 (Sexual servitude). 90ABA Attendance of accused not required if order made under s 89A The accused person is not required to be present at the committal hearing if the person is excused from attending the hearing under section 89A.

90A Plea of guilty at committal hearing (1) This section does not apply in relation to a person charged with an indictable offence punishable by imprisonment for life. (2) Subsections (3), (4), (5) and (6) do not apply in relation to a person charged with an offence in relation to which the Crimes Act, section 374, section 375 or section 375AA applies. (3) A person (the accused person) who is before the court charged with an indictable offence may at any stage of the proceeding plead guilty to the charge.

(4) The court may accept or reject the plea but the rejection of the plea at any stage of the proceeding does not prevent the accused person from pleading guilty under this section at a later stage of the proceeding and the court may accept or reject the plea at that later stage. (5) If the court rejects the plea, the proceeding before the court must continue as if the plea had not been made. (6) If— (a) the court accepts the plea; and (b) any of the following subparagraphs applies to the offence: (i) the offence is under a law in force in the ACT punishable either on indictment or summary conviction; (ii) the offence may be dealt with summarily without the accused person’s consent; (iii) the offence may be dealt with summarily if the accused person consents and the accused person consents to it being dealt with summarily; (iv) the offence may be dealt with summarily if the prosecutor requests and the prosecutor requests that it be dealt with summarily; and (c) it appears to the court that it is proper to deal with the case summarily; the court may, without hearing further evidence, sentence or otherwise deal with the accused person and finally dispose of the charge and all incidental matters. (7) If— (a) the court accepts the plea; and (b) any of the following subparagraphs applies to the offence:

(i) it does not appear to the court that it is proper to deal with the case summarily; (ii) the offence is punishable only on indictment; (iii) the offence may be dealt with summarily if the accused person consents, but the accused person does not consent to it being dealt with summarily; (iv) the offence may be dealt with summarily if the prosecutor requests, but the prosecutor does not request that it be dealt with summarily; (v) this subsection applies to the accused person under the Crimes Act, section 374, section 375 or section 375AA; the Magistrates Court must commit the accused person to the sittings of the Supreme Court that the Supreme Court directs and the Supreme Court must deal with the accused person in accordance with subsections (8) to (13). (8) A committal under subsection (7) is taken, for all purposes relating to the venue or change of venue of a proceeding consequent on the committal, to be a committal for trial. (9) The Supreme Court may order that the proceeding before the Magistrates Court where the accused person pleaded guilty be continued at a time and place stated in the order. (10) The Supreme Court must make an order under subsection (9) if— (a) it appears to the Supreme Court from the information or evidence given to or before it that the facts in relation to which the accused person was charged before the Magistrates Court do not support the charge to which the accused person pleaded guilty; or (b) the accused person or a lawyer representing the accused person or informant asks that the order be made.

(11) Except if an order is made under subsection (9), the Supreme Court has the same powers of sentencing or otherwise dealing with the accused person and of finally disposing of the charge and of all incidental matters as it would have had if the accused person, on arraignment at any sittings of the court, had pleaded guilty to the offence charged on an indictment filed by the Attorney-General or the Attorney-General of the Commonwealth. (12) The procedure relating to committal for trial applies, as nearly as may be, to a committal under subsection (7) and bail may be granted as on a committal for trial, but a person must not be bound over to give evidence on a committal under that subsection unless the court otherwise orders. (13) If an order is made by the Supreme Court under subsection (9) that the proceeding before a court where an accused person pleaded guilty be continued at a time and place stated in the order— (a) the proceeding must be continued in all respects as if the accused person had not pleaded guilty and as if the proceeding had been adjourned by the court to the time and place so stated; and (b) the Supreme Court may exercise any power that the Magistrates Court might have exercised under division 3.4.3 (Remand) if the order had been an order made by the Magistrates Court adjourning the proceeding to the stated time and place, and that division applies in relation to the accused person.

90B Back-up and related offences––transfer to Supreme Court (1) This section applies if a person (the accused person)–– (a) is committed for trial under section 90A (7); and (b) has been charged with a back-up or related offence. Note Back-up offence and related offence––see the dictionary. (2) The prosecutor must tell the court about the back-up or related

(3) The court must transfer the proceeding for the back-up or related offence to the Supreme Court, to be dealt with under the Supreme Court Act 1933, part 8 (Back-up and related offences). (4) Subsection (3) does not prevent the accused person being charged with an offence after committal under section 90A (7). (5) However, if the accused person is charged with a back-up or related offence after committal under section 90A (7), the court must transfer the proceeding for the offence to the Supreme Court, to be dealt with under the Supreme Court Act 1933, part 8.

91 Proceeding following prosecution evidence (1) When all the evidence offered by the prosecution in relation to the indictable offence with which the accused person is charged has been taken, the court must charge the accused person with the offence and must say to the accused person these words, or words to the like effect: ‘Do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so; but whatever you say may be given in evidence against you on your trial. You are clearly to understand that you have nothing to hope from any promise or favour, and nothing to fear from any threat that may have been held out to you to induce you to make any admission or confession of your guilt; but whatever you now say may be given in evidence against you on your trial, notwithstanding any such promise or threat.’. (2) Subsection (1) does not apply in relation to a person charged with an indictable offence if the court has decided to dispose of the case summarily under a law in force in the ACT. (3) If the court commits the accused person for trial before the Supreme Court, any statement made by the person in reply to the question mentioned in subsection (1) is, on the trial of the accused person, admissible as evidence.

(4) Whether or not the accused person makes a statement in reply to the question mentioned in subsection (1), the magistrate must ask the person if the person wishes to give evidence himself or herself or to call any witnesses on his or her behalf and, if the accused person or any other person then gives evidence, the prosecutor is at liberty to cross-examine the witness and to adduce evidence in reply.

92A Committal for sentence for indictable offence tried summarily (1) On the summary conviction of a person charged with an indictable offence, the court may, if it appears to it that because of the character and antecedents of the person it is desirable that sentence be passed on the person by the Supreme Court, commit the person for sentence to the sittings of the Supreme Court that the court directs. (2) If the court commits a person for sentence under subsection (1), the court must–– (a) deal with the person in the same way as a person who is committed for trial under section 94 (1) (b) (Discharge or committal for trial); and (b) if the person has been charged with a back-up or related offence—deal with the back-up or related offence in accordance with section 94 (2). (3) The Supreme Court has the same powers of sentencing or otherwise dealing with a person committed for sentence under this section as it would have had if the person had been convicted in that court. (4) This section does not apply to the summary conviction of a person charged with an indictable offence if the case was dealt with summarily under the Crimes Act, section 374 (Summary disposal of certain cases at prosecutor’s election).

Indictable offences—proceedings after hearing of evidence Division 3.5.3

92B Depositions as evidence If— (b) the person has not admitted the truth of the charge; and (c) the court has decided to dispose of the case summarily under a law in force in the ACT; the depositions of the witnesses who gave evidence for the prosecution at the preliminary hearing are taken to be evidence given on the hearing of the charge and the witnesses, or any of them, must, if so required by the prosecutor or the defendant, be called or recalled for examination or cross-examination.

93 Admissions and confessions This Act does not prevent the prosecutor in any case from giving in evidence any admission or confession or other statement of the defendant made at any time if it is admissible as evidence against the Division 3.5.3 Indictable offences—proceedings after hearing of evidence

94 Discharge or committal for trial (1) When all the evidence for the prosecution and the defence have been taken in relation to the indictable offence with which the accused person is charged, the court must— (a) if the court is satisfied, having regard to all the evidence before it, that there is no reasonable prospect that the person would be found guilty of an indictable offence—if the person is in custody in relation to the offence, immediately order that the person be released from custody in relation to the offence; or

Division 3.5.3 Indictable offences—proceedings after hearing of evidence (b) if the court is not satisfied as mentioned in paragraph (a)— commit the person for trial. (2) If the accused person is committed for trial under subsection (1) and has been charged with a back-up or related offence–– (a) the prosecutor must tell the court about the back-up or related (b) the court must transfer the proceeding for the back-up or related offence to the Supreme Court, to be dealt with under the Supreme Court Act 1933, part 8 (Back-up and related offences). (3) Subsection (2) does not prevent the accused person being charged with an offence after committal under subsection (1) (b). (4) However, if the accused person is charged with a back-up or related offence after committal under subsection (1) (b), the court must transfer the proceeding for the offence to the Supreme Court, to be dealt with under the Supreme Court Act 1933, part 8. Note 1 For the meaning of commit a person for trial, see the Legislation Act, dict, pt 1. Note 2 The court must issue a warrant for the remand of the defendant in the

95 Depositions of dead or absent people If, on the trial of a person who has previously been charged before the court with an indictable offence and committed for trial, it is proved— (a) that a witness whose depositions were taken at the hearing of the charge before the magistrate is dead or so ill as not to be able to travel or to give evidence, or is absent from Australia; and (b) that the depositions of the witness were taken in the presence of the accused person; and

Indictable offences—costs Division 3.5.4 (c) that the accused person or a lawyer representing the accused person had a full opportunity of cross-examining the witness; the depositions are admissible as evidence— (d) if taken in the way specified in section 316 (3)—be read as evidence at the trial of the accused person without further proof unless it is proved that the magistrate by whom the depositions purport to have been signed did not in fact sign them; or (e) if recorded by 1 of the ways specified in section 316 (2)—be read as evidence at the trial of the accused person if it is proved that the record is a correct record of the depositions and that the transcript is a correct transcript of that record.

96 Evidence for defence If a person is charged with an indictable offence as such, the court is bound to hear any evidence tendered on the person’s behalf tending to show that the defendant is not guilty of the offence with which the defendant is charged. Division 3.5.4 Indictable offences—costs

97 Discontinued proceeding If— (a) in a proceeding under this part, the court is of the opinion, having regard to all the evidence before it, that there is no reasonable prospect that the person would be convicted of an indictable offence; or (b) a proceeding under this part is discontinued for any other reason; the court may order that the informant pay to the defendant the costs the court considers just.

Division 3.5.5 Indictable offences—witness recognisances Division 3.5.5 Indictable offences—witness recognisances 103 Recognisance of witnesses etc (1) The court may bind by recognisance every person whose written statement was admitted in evidence under section 90AA, or who was examined before it, to appear at the court at which the defendant is to be tried, and then and there to give evidence against the defendant. (2) The recognisance must particularly specify the profession, trade, or calling of every person who enters into it, together with the person’s full name and place of residence.

104 Signature of magistrate—notice to witnesses Every such recognisance must be duly acknowledged by every person who enters into it, and must be subscribed by the magistrate before whom it is acknowledged, and a notice of it signed by the magistrate must at the same time be given to every person bound by it.

105 Court may remand noncompliant witness (1) If a witness fails to enter into a recognisance, the court may order the remand of the witness in custody until after the defendant’s trial, unless the witness enters into the recognisance before a magistrate. Note The Crimes (Sentence Administration) Act 2005, pt 3.2 provides for the (2) If the witness is remanded under this section, a magistrate may order the director-general to release the witness from custody in accordance with the order if— (a) the defendant is not committed for trial for the offence with which the defendant is charged; or (b) the relevant officer declines to file an information against the defendant for the offence; or

Indictable offences—other provisions Division 3.5.6 (c) the witness enters into the recognisance before a magistrate.

105A Meaning of certified copy of depositions in div 3.5.6 certified copy, of depositions, means— (a) if a record of the deposition was made in accordance with section 316 (2)—a transcript of the record certified in accordance with section 314 (2); or (b) if the depositions were taken down in writing and signed in accordance with section 316 (3)—the depositions as taken down and signed.

106 Giving depositions etc to director of public prosecutions (1) If a defendant is committed for trial or for sentence, the court must as soon as possible after the conclusion of the case before it, give to the director of public prosecutions or a person authorised by the director of public prosecutions all informations, examinations, depositions, statements, bail undertakings and other documents sworn taken or acknowledged in the case. depositions means a certified copy of depositions. statement includes a certified copy of the statement (if any) made by a defendant in reply to the question mentioned in section 91 (1).

107 Giving documents to proper officer of court (1) After being given the documents and before the day of trial, the director of public prosecutions or a person authorised by the director of public prosecutions has and is subject to the same duties and liabilities in relation to the documents on a certiorari order directed to him or her as the court would have had and been subject to on a certiorari order to it if the documents had not been given. (2) The director of public prosecutions, a person authorised by the director of public prosecutions, the person representing the director of public prosecutions or the person representing the informant, must, at any time after the opening of the Supreme Court at the sitting at which the trial is to be had, give the documents or any of them to the proper officer of the Supreme Court, if the presiding judge so directs.

108 Accused person may obtain copies of depositions etc (b) the Magistrates Court commits the person for trial before the Supreme Court. (2) At any time before the person’s trial before the Supreme Court starts, the person may apply to the registrar— (a) for certified copies of depositions in the case; and (b) for the evidence given on the cross-examination or the examination of any witnesses in the case. (3) The registrar must give the person the certified copies of depositions and the evidence applied for under subsection (2). (4) If the person is in custody, the person having the custody of the person must give any application under subsection (2) to the registrar.

Part 3.5A Pre-hearing disclosure for offences punishable summarily 108AA Application—pt 3.5A (1) This part applies to a criminal proceeding if— (a) the proceeding begins on or after the day the Crimes (Disclosure) Legislation Amendment Act 2024, section 16 commences; and (b) the proceeding is for— (i) a summary offence; or (ii) an indictable offence being dealt with summarily; and (c) the defendant pleads not guilty to the offence. (2) However, the court may, by order, dispense with the application of any or all of the provisions of this part to a particular proceeding if satisfied it is in the interests of justice. 108AB Prosecutor must give brief of evidence to defendant who pleads not guilty (1) The prosecutor in a criminal proceeding must give the defendant a brief of evidence about the offence that is the subject of the proceeding— 28 days before the date set for the court to hear the prosecution case. (2) The brief of evidence must include— (a) a copy of all written statements taken from any person the prosecutor proposes to call as a witness; and

(b) for each document or other thing identified in a statement mentioned in paragraph (a) that the prosecutor proposes to adduce as evidence—a copy of, or a written notice about the right to inspect, the document or thing; and (c) a copy of, or a written notice about the right to inspect, any information, document or other thing that— (i) was provided by a police officer or other person responsible for investigating the offence to the prosecutor, or is otherwise in the possession or control of the prosecutor; and (ii) would reasonably be regarded as relevant to either the prosecution case or the defence case; and (iii) has not otherwise been disclosed to the defendant; and (d) a list identifying— (i) any information, document or other thing of which the prosecutor is aware and that— (A) would reasonably be regarded as relevant to either the prosecution case or defence case; and (B) is not in the possession or control of the prosecutor or the defendant; and (C) has not otherwise been disclosed to the defendant; and (ii) the place where the prosecutor believes the information, document or other thing may be found; and (e) a list of all statements given by witnesses whom the prosecutor proposes to call at the trial. (3) Subsection (2) requires the brief of evidence to include information, a document or another thing, or a notice about inspection of it, whether or not it could be admitted as evidence.

(4) The prosecutor must give the defendant a notice under subsection (2) (b) or (c) about the right to inspect information, a document or another thing only if— (b) the defendant agrees to inspect the information, document or other thing instead of receiving a copy of it. 108AC Ongoing duty of disclosure by prosecutor (1) The prosecutor in a criminal proceeding must give a defendant a copy of, or a written notice about the right to inspect, any information, document or other thing that— (a) comes into the prosecutor’s possession or control, or to their notice, after giving the brief of evidence to the defendant; and (b) is mentioned in section 108AB (2); and (c) has not been given to the defendant. Note The prosecutor must comply with this subsection as soon as possible after the information, document or other thing comes into their possession or control, or to their notice (see Legislation Act, s 151B). (2) The prosecutor must give the defendant a notice under subsection (1) about the right to inspect information, a document or another thing only if— (b) the defendant agrees to inspect the information, document or other thing instead of receiving a copy of it.

108AD Prosecutor must allow inspection of certain disclosed matters on request (1) This section applies if a defendant has been given a notice mentioned in section 108AB (2) (b) or (c) or section 108AC (1) about the right to inspect information, a document or another thing. (2) The defendant or their lawyer may ask the prosecutor to allow the defendant or their lawyer to inspect the information, document or other thing. (3) The prosecutor must comply with a request under this section. 108AE Address and contact details of people generally must not be disclosed under pt 3.5A (a) the prosecutor is required under this part to do any of the following (a disclosure obligation): (i) give a defendant a copy of, or a notice about the right to inspect, information, a document or another thing; (ii) allow the defendant or their lawyer to inspect the information, document or other thing; and (b) complying with the disclosure obligation would— (i) disclose an address or contact details of a witness proposed to be called by the prosecutor or any other living person; or (ii) allow the address or contact details to be worked out; and (c) the address or contact details are not relevant to the prosecution case or the defence case. (2) The prosecutor must comply with the disclosure obligation to the extent possible without— (a) disclosing the address or contact details; or

(b) allowing the address or contact details to be worked out. Examples 1 The prosecutor redacts a person’s address or contact details from a copy of a document given to the defendant. 2 The prosecutor, when allowing the defendant to inspect something with a person’s address or contact details on it, temporarily conceals the address or contact details so it cannot be read by the defendant. 3 The prosecutor does not give the defendant a copy of a document that consists solely of the address or contact details of a person, and notifies the defendant why the document was not disclosed. (3) The court may make an order requiring the prosecutor to comply with subsection (2) in a particular way or subject to particular conditions. (4) Subsection (2) does not apply if the court is satisfied that— (a) it is in the interests of justice (including the right of the defendant to prepare for the hearing of the evidence for the prosecution) that the person’s address or contact details be disclosed; and (i) disclosure of the address or contact details is not likely to create a reasonably foreseeable risk to the welfare or safety of the person or any other person; or (ii) if there is a risk mentioned in subparagraph (i)—the interests of justice outweigh the risk. (5) This section does not apply to the disclosure of a person’s address or contact details in general terms that does not— (a) disclose the person whose address or contact details it is; or (b) allow the person whose address or contact details it is to be worked out.

108AF Material used to give evidentiary certificate etc need not be disclosed under pt 3.5A (1) This part does not require a prosecutor to give a defendant a copy of, or a notice about the right to inspect, any information, document or other thing that was prepared or used only in the course of giving an evidentiary certificate. evidentiary certificate means a certificate that, under a territory law, is evidence of the matters stated in the certificate. 108AG Sanctions for non-compliance with disclosure requirements (a) the prosecutor in a criminal proceeding seeks to adduce evidence in the proceeding; and (b) the prosecutor failed to disclose the evidence to the defendant in accordance with this part. (2) The court may refuse to admit the evidence. (3) The court may grant an adjournment to a party to the proceeding (other than the prosecutor) if admission of the evidence would prejudice the case of the party. 108AH Effect of pt 3.5A on other laws (1) This part does not limit another territory law that requires the prosecution in a criminal proceeding to disclose something to a Note Territory law includes the common law (see Legislation Act, dict, pt 1, def territory law and law, of the Territory).

(2) This part does not require the disclosure by the prosecutor of anything that is the subject of— (a) a claim of privilege or public interest immunity; or (b) an immunity conferred by a law applying in the ACT or elsewhere; or (c) a prohibition or restriction under a law applying in the ACT or elsewhere on the disclosure of the thing to the defendant (a non-disclosure obligation). (3) However, if the prosecutor does not disclose something mentioned in subsection (2), they must instead give the defendant a statement (a) describes the thing to the extent possible without— (i) prejudicing a claim or intended claim of immunity or an application in relation to a non-disclosure obligation; or (ii) contravening a non-disclosure obligation; and (b) outlines the nature of the claim or intended claim of privilege or immunity or the non-disclosure obligation that applies to the thing. (4) A statement under subsection (3) must be— (a) if the thing was not disclosed under section 108AB—included in the brief of evidence; or (b) if the thing was not disclosed under section 108AC—given to the defendant as soon as possible after the thing comes into the prosecutor’s possession or control, or to their notice.

Part 3.6 Proceedings for offences punishable summarily

108A Indictable offences dealt with summarily If— (b) the court has decided to dispose of the case summarily under a law in force in the ACT; this part applies, so far as it is applicable, to the summary disposal of the case.

109 Dismissal or adjournment in absence of informant (a) the defendant appears (whether voluntarily, in accordance with a summons or under a warrant) at the time and place for the hearing of an information in relation to an offence punishable summarily; and (b) the informant, having been notified of the time and place for the hearing, does not appear either personally or by a lawyer appearing for the informant; the court must, subject to subsection (2), dismiss the information. (2) The court may, if it considers it is appropriate to do so, adjourn to another day the hearing of an information that would otherwise be dismissed under subsection (1).

110 Hearing in absence of defendant (1) If a summons has been served in accordance with section 41 and the defendant does not appear when called, the court may either— (a) proceed to hear and decide the case in the absence of the defendant; or (b) on oath being made before it, substantiating the matter of the information to its satisfaction, issue a warrant for the arrest of the defendant and to bring the defendant before the court to answer to the information and be further dealt with according to law. (2) If the court proceeds under subsection (1) (a)— (a) the evidence of the informant or another person may be given orally; or (b) a written statement made by the informant or another person may be admitted as evidence of the matters contained in it. (3) A written statement admitted in evidence constitutes the depositions of the person who made the statement. (4) A written statement must not be admitted in evidence unless it is sworn before— (a) a lawyer; or (b) a justice of the peace; or (c) the registrar; or (d) a person prescribed by regulation or rule. (5) If the court admits a written statement in evidence it may, on its own initiative, adjourn the hearing of the information and require the person who made the statement to attend before the court to give evidence.

(6) Although a part of a written statement tendered in evidence under this section is inadmissible according to the rules of evidence, the statement is nevertheless admissible under this section as evidence of the matters contained in the remainder of that statement, but, if the court admits such a statement, the court must identify the part that is inadmissible and must, with reference to that part, write on the statement ‘ruled inadmissible’ or words to that effect. (7) The court must not sentence a defendant to imprisonment for an offence if the court has heard and decided the case under subsection (1) (a) in the absence of the defendant. (8) The court must set aside an order made in hearing and deciding a case under subsection (1) (a) if— (a) the defendant applies under the rules to have the order set aside; and (b) the court is satisfied on reasonable grounds that the defendant— (i) did not know the hearing date; or (ii) did not understand that the court could proceed to hear and decide the case in the defendant’s absence if the defendant failed to appear; or (iii) otherwise had a reasonable excuse for failing to appear.

111 Adjournment if defendant does not appear (a) the defendant does not appear before the court for the hearing of the information; and (b) the court has issued a warrant for the defendant’s arrest. (2) The court must adjourn the hearing until the defendant is arrested.

(3) If the defendant is arrested under the warrant, the defendant must be detained in custody until the defendant can be brought before the court at a time and place fixed by the court. (4) The court must give the informant notice of the time and place fixed.

112 Summary proceedings—issue of warrant for non- appearance at adjourned or postponed hearing (a) a defendant appears before the court for the hearing of an information for an offence; and (b) the information is substantiated by the oath of the informant or a witness; and (c) the court adjourns or postpones the hearing or further hearing; and (d) the defendant is told of the time and place of the adjourned or postponed hearing or further hearing; and (e) the defendant does not appear before the court at the adjourned or postponed hearing or further hearing. (2) The court may issue a warrant for the arrest of the defendant and to bring the defendant before the court at the adjourned or postponed hearing or further hearing.

112A Court may direct defendant to appear (a) a summons is served on a defendant in relation to an information for an offence; and (b) in accordance with the summons—the defendant appears before the court represented by a lawyer; and (c) the defendant does not appear personally for the hearing; and

(d) the information is substantiated by the oath of the informant or a witness. (2) The court may at any time during the hearing— (a) adjourn the hearing; and (b) direct the defendant by written notice to attend personally before the court for any matter related to the hearing, at the time and place specified by the court. (3) A notice under subsection (2) must be served in the same way as the service of a summons under section 41. (4) If the defendant does not appear before the court in accordance with a notice under subsection (2), the court may issue a warrant for the arrest of the defendant and to bring the defendant before the court.

113 Proceeding at hearing on defendant’s confession If the defendant is present at the hearing, the substance of the information must be stated to the defendant, and the defendant must be asked if the defendant has any cause to show why the defendant should not be convicted or why an order should not be made against the defendant, and if the defendant has no cause to show, the court may convict the defendant, or make an order against the defendant

114 If defendant does not admit the case (1) This section applies if the defendant does not admit the truth of the information. (2) The court must hear— (a) the informant and the informant’s witnesses (if any); and (b) if the defendant wants to give evidence—the defendant; and (c) the defendant’s witnesses (if any); and

(d) if the defendant has given evidence other than about the defendant’s general character—the informant’s witnesses in reply (if any). (3) Having heard each party and the evidence, the court must decide the information and do 1 of the following as justice requires: (a) convict the defendant; (b) make an order on the defendant; (c) dismiss the information.

115 Conduct of summary proceeding (1) The defendant or a lawyer representing the defendant may address the court after all the evidence for the informant and the evidence (if any) for the defendant and for the informant in reply has been given. (2) The informant or a lawyer representing the informant may make a closing address.

Part 3.7 Service and pleading by post for certain offences

116A Definitions for pt 3.7 (1) In this part: defendant means a person who has been properly served with a summons in accordance with section 116B. law in force in the ACT includes a statute of the Australian National University about parking or traffic. (2) For this part (other than section 116B (2)), a notice to defendant form, notice of intention to defend form and plea of guilty form includes a copy of the form printed on the back of a copy of a 116AA Meaning of prescribed offence for pt 3.7 (1) For this part, an offence against a law in force in the ACT is a prescribed offence in relation to a person if— (a) for an offence against the road transport legislation—the maximum fine that can be imposed on the person for the offence is 30 penalty units; or (b) it is an offence against the Heavy Vehicle National Law (ACT); or (c) for any other offence—the maximum fine that can be imposed on the person for the offence is 10 penalty units. road transport legislation means the following: (a) the Road Transport (Driver Licensing) Act 1999; (b) the Road Transport (General) Act 1999;

(c) the Road Transport (Public Passenger Services) Act 2001; (d) the Road Transport (Safety and Traffic Management) Act 1999; (e) the Road Transport (Vehicle Registration) Act 1999; (f) any other Act or any regulation prescribed by regulation. made or in force under the Act, including any regulation (see Legislation Act, s 104).

116B Service of summons for prescribed offence (1) A summons for a person in relation to a prescribed offence may be served on the person— (a) by giving 2 copies of the summons to the person; or (b) by sending 2 copies of the summons by prepaid post, addressed to the person, at the person’s last-known home or business address; or (c) by leaving 2 copies of the summons at the person’s last-known home or business address with someone who appears to be at least 16 years old and to live or be employed at the address. (2) One copy of a summons in relation to a prescribed offence served in accordance with this section must have the notice to defendant form printed on the back of it, and the other copy of that summons so served must have the notice of intention to defend form and the plea of guilty form printed on the back of it. (3) Service of a summons on a person in relation to a prescribed offence in a way mentioned in subsection (1) (a) or (c) must be made not less than 14 days before the day the person is required by the summons to appear before the court.

(4) If a summons in relation to a prescribed offence is served in accordance with this section in the way mentioned in subsection (1) (b), the 2 copies of the summons must be sent by post not less than 21 days before the day when the person to whom it is directed is required by the summons to appear before the court. 116BA Giving of notice by registrar If the registrar is required to give notice to a person under this part, the notice may be given by sending the notice by prepaid post, addressed to the person, at the person’s last-known home or business address.

116C Proof of service (1) Service of a summons or notice for this part may be proved by the oath of the person who served it, by affidavit or otherwise. (2) For this part, if— (a) a summons has been served in accordance with section 116B; and (b) a copy of the summons is returned to the registrar with the notice of intention to defend form or the plea of guilty form completed; the defendant is taken, unless the contrary is proved, to have completed and signed the form so completed and to have returned the form to the registrar. (3) The plea of guilty form must be signed in the presence of 1 of the following people: (a) the registrar; (b) a lawyer;

(c) a justice of the peace; (d) a person prescribed by regulation or rule.

116D Pleas to prescribed offence A defendant may— (a) without prejudice to any other means of pleading guilty, enter a plea of guilty by completing the plea of guilty form and returning the form, whether by post or otherwise, to the registrar; or (b) give notice of his or her intention to defend by completing the notice of intention to defend form and returning the form, whether by post or otherwise, to the registrar.

116E Procedure if plea of guilty entered (a) a defendant enters a plea of guilty in accordance with section 116D; and (b) the defendant— (i) does not appear at the hearing; or (ii) appears but does not withdraw his or her plea of guilty; and (c) the court accepts the plea of guilty; the court must record a plea of guilty and decide the proceeding (2) The court, in deciding a proceeding under subsection (1), must have regard to any matter drawn to its attention in the plea of guilty and give the matter the weight it considers appropriate.

(3) If the court declines to accept a plea of guilty entered in accordance with section 116D— (a) the court must adjourn the hearing and fix a time and place for the hearing of the proceeding; and (b) if the defendant is not before the court—the registrar must give to the defendant notice of the time and place fixed. (4) If a defendant does not appear at the time and place fixed under subsection (3), the court may hear and decide the proceeding in the absence of the defendant.

116F Procedure if notice of intention to defend given If a defendant returns the notice of intention to defend form to the registrar before the day when the defendant is required by the summons to appear before the court— (a) the court must fix a time and place for the hearing of the (b) the registrar must give to the defendant notice of the time and place fixed. 116FA Procedure if defendant pleads not guilty If the defendant appears before the court at the time and place at which the defendant is required by the summons to appear and pleads not guilty, the court must adjourn the hearing, fix a time and place for the hearing of the proceeding and inform the defendant of the time and place fixed.

116G Procedure if defendant does not plead If— (a) a summons has been served in accordance with section 116B; and

(i) the defendant does not enter a plea of guilty in accordance with section 116D or return the notice of intention to defend form to the registrar before the day when the defendant is required by the summons to appear before the court, and does not appear before the court at the time and place specified in the summons; or (ii) the defendant does not appear before the court at the time and place specified in the notice given to the defendant in accordance with section 116F or fixed by the court in accordance with section 116FA; and (c) the court is satisfied— (i) that the matters alleged in the summons are reasonably sufficient to inform the defendant of the offence alleged against the defendant; and (ii) that the matters alleged in the summons constitute the offence charged in the summons; the court may convict the defendant of the offence charged in the

116H Restricted penalties under pt 3.7 (1) Subject to subsection (4), if— (a) a defendant is convicted under this part of an offence against a law mentioned in a paragraph of section 116AA (1); and (b) at the time that the defendant is sentenced, the defendant is not before the court or is not represented before the court by a lawyer; the only penalty that the court may impose is a fine of an amount not exceeding the amount mentioned in that paragraph.

(a) the court convicts a defendant of an offence against a law mentioned in a paragraph of section 116AA (1); and (b) the law provides in effect that a penalty other than a fine may be imposed on the defendant; and (c) when the defendant is sentenced, the defendant is not before the court or is not represented before the court by a lawyer; and (d) the court considers that a penalty other than a fine may be appropriate; the court must adjourn the hearing and fix a time and place for sentence. (3) The registrar must give the defendant notice of the time and place fixed. (4) If a defendant convicted of an offence against a law mentioned in a paragraph of section 116AA (1) does not appear at the time and place fixed under subsection (2), the court, in the absence of the defendant, may impose on the defendant any penalty that is applicable under that law.

116I Consequences of conviction in absence of defendant If a defendant is, in his or her absence, convicted of an offence, the registrar must give to the defendant written notice of— (a) the conviction and order of the court; and (b) the penalty (if any) imposed by the court, and the way in which and the time by which the penalty is required to be discharged; and

(c) unless the proceeding is decided in accordance with section 116E (1), the defendant’s right to apply for the setting aside of the conviction or order in accordance with the rules. Note If the defendant is liable to pay a fine, the notice must contain a penalty notice for the fine (see Crimes (Sentence Administration) Act 2005, s 116C (Registrar to send penalty notice)).

Part 3.8 Infringement notices for certain

117 Definitions for pt 3.8 (1) In this part: administering authority, for an infringement notice offence, means the entity that, under the regulations, is the administering authority for the offence. another jurisdiction means a jurisdiction other than the ACT. approved community work or social development program means a community work or social development program approved under section 131AD. authorised person—see section 134A (3). date of service, of an infringement notice or reminder notice that has been, or is to be, served on a person, means the date the notice is served on the person. driver, of a vehicle, means the person who is driving the vehicle. illegal user declaration—see section 131D. infringement notice means a notice under section 120 (Service of infringement notices). infringement notice management plan—see section 131AA. infringement notice offence means an offence declared under the regulations to be an offence to which this part applies.

Preliminary Division 3.8.1 infringement notice penalty, for a person for an infringement notice offence, means— (a) the amount prescribed by regulation as the penalty payable by the person for the offence under an infringement notice for the offence; or (b) if a reminder notice has also been served on the person for the offence—the total of the amount mentioned in paragraph (a) and the amount prescribed by regulation as the amount payable by the person for the cost of serving the reminder notice. known offender declaration—see section 131E. registered, for a vehicle, means registered under the Road Transport (Vehicle Registration) Act 1999. relevant circumstances, of a person, means any of the following circumstances that relate to the person and contributes to the person’s ability to pay an infringement notice penalty: (a) mental illness or mental disorder; (b) disability, disease or illness; (c) addiction to drugs, alcohol or another substance; (d) family violence; (e) homelessness, or living in crisis, transitional or supported accommodation; (f) anything else prescribed by regulation. reminder notice means a notice under section 129 (Reminder notices). responsible director-general means the director-general for the Crimes (Sentence Administration) Act 2005, part 6.2 (Good behaviour—community service work).

responsible person, for a vehicle—see the Road Transport (General) Act 1999, section 10 and section 11. sold vehicle declaration—see section 131F. unknown offender declaration—see section 131G. vehicle—see the Road Transport (Vehicle Registration) Act 1999, vehicle-related offence means an infringement notice offence that— (a) involves a vehicle; and (b) is declared by regulation to be an offence to which division 3.8.3 applies. disability—see the Disability Services Act 1991, dictionary. mental disorder—see the Mental Health Act 2015, section 9. mental illness—see the Mental Health Act 2015, section 10.

118 Purpose and effect of pt 3.8 (1) The purpose of this part is to create a system of infringement notices for certain offences as an alternative to prosecution. (2) This part does not— (a) require an infringement or reminder notice to be served on a person; or (b) affect the liability of a person to be prosecuted for an offence if— (i) an infringement or reminder notice is not served on the person for the offence; or

Preliminary Division 3.8.1 (ii) the person does not comply with an infringement or reminder notice served on the person for the offence, or an infringement notice management plan entered into in relation to the offence; or (iii) an infringement notice served on the person for the offence is withdrawn; or (c) prevent the service of 2 or more infringement notices on a person for an offence; or (d) limit or otherwise affect the penalty that may be imposed by a court on a person for an offence.

119 Regulations about infringement notice offences (1) A regulation may prescribe an offence for the definition of infringement notice offence in section 117 by— (a) stating the offence; or (b) referring to the provision creating the offence; or (c) providing that all offences, or all offences except for stated offences, against an Act or subordinate law are infringement notice offences. (2) Subsection (1) does not limit the way that a regulation may prescribe an offence for that definition. (3) A regulation may, for the definition of infringement notice penalty in section 117, prescribe— (a) an amount as the penalty payable by anyone for an offence if it is dealt with under this part; or (b) different amounts as the penalties payable for different offences if they are dealt with under this part; or

(c) different amounts as the penalties payable for the same kind of offence committed by different people or in different circumstances if the offence is dealt with under this part. (4) However, an infringement notice penalty prescribed for a person for an offence must not exceed the maximum fine that could be imposed by a court on the person for the offence. (5) Subsection (3) does not limit the way that a regulation may prescribe an amount for that definition.

120 Service of infringement notices (1) If an authorised person believes, on reasonable grounds, that a person has committed an infringement notice offence, the authorised person may serve a notice (an infringement notice) on the person for the (2) A regulation may make provision in relation to when an authorised person is, or is not, taken to have reasonable grounds for a belief mentioned in subsection (1). (3) To remove any doubt, an authorised person may not serve an infringement notice on a person under this section for an offence after the end of the time within which a prosecution may be brought for the (4) This section does not prevent an infringement notice for a vehicle- related offence being served on a person under section 131B (Service of infringement notice on responsible person for vehicle).

121 Contents of infringement notices (1) An infringement notice served on a person by an authorised person for an infringement notice offence must— (a) be identified by a unique number; and

(b) state the date of service of the notice; and (c) state— (i) the full name, or surname and initials, and address of the person on whom the notice is served; or (ii) the particulars that are, under the regulations, identifying particulars for the person; and (d) give brief details of the offence, including the Act or subordinate law, and the provision of it, contravened by the person, and— (i) if the offence took place over a period—the period, or approximate period, when the offence was committed; or (ii) in any other case—the place where the offence was committed and the date and approximate time of the (e) state the infringement notice penalty payable by the person for the offence; and (f) contain the information required by section 122 (Additional information in infringement notices); and (g) identify the authorised person in accordance with the regulations; and (h) include any other information required by regulation and any (2) A regulation may provide that subsection (1) (c) does not apply to an infringement notice.

122 Additional information in infringement notices (1) The infringement notice must also tell the person on whom it is served (a) the person may pay the infringement notice penalty for the offence or dispute liability for the offence within 28 days after the day when the notice is served on the person (the date of service of the notice); and (b) the person may apply to the administering authority for additional time in which to pay the penalty or dispute liability for the offence; and (c) the person may, within 28 days after the date of service of the notice, apply to the administering authority to— (i) enter into an infringement notice management plan; or (ii) if the person has an infringement notice management plan—add the infringement notice penalty for the offence to the plan; or (iii) waive the infringement notice penalty; and (d) the person may apply to the administering authority, in writing, for additional time to do a thing mentioned in paragraph (c); and (e) the notice may be withdrawn before or after the penalty is paid; and (f) if the person pays the penalty within the 28 days (or any additional time allowed by the administering authority) or the penalty is waived, then, unless the infringement notice is withdrawn and any penalty refunded— (i) any liability of the person for the offence is discharged; and (ii) the person will not be prosecuted in court for the offence; and

(iii) the person will not be taken to have been convicted of the (g) if the person wishes to dispute liability for the offence, the issue may be referred to the Magistrates Court; and (h) if the Magistrates Court finds against the person or the person is prosecuted in court for the offence, the person may be convicted of the offence and ordered to pay a penalty and costs, and be subject to other court orders; and (i) if the person does not pay the infringement notice penalty, apply to have the penalty waived or dispute liability for the offence, within the 28 days (or any additional time allowed by the administering authority), a reminder notice may be served on the person for the offence or the person may be prosecuted in court for the offence; and (j) if a reminder notice is served on the person, the infringement notice penalty is increased by the amount payable by the person for the cost of serving the reminder notice. (2) In addition, the infringement notice must— (a) explain how the person may pay the infringement notice penalty or dispute liability for the offence; and (b) explain how the person may apply for— (i) an infringement notice management plan or, if the person has an infringement notice management plan, the addition of the infringement notice penalty to the plan; or (ii) waiver of the infringement notice penalty; and (c) explain how the person may apply for additional time to do any of the following: (i) pay the infringement notice penalty; (ii) dispute liability for the offence;

(iii) apply for an infringement notice management plan or, if the person has an infringement notice management plan, the addition of the infringement notice penalty to the plan; (iv) apply for waiver of the infringement notice penalty.

123 Discharge of infringement notice penalty The infringement notice penalty payable by a person under an infringement notice or reminder notice— (a) is payable within 28 days after the day the notice is served; or (b) if the person applies to the administering authority within the 28 days for additional time to pay and additional time is allowed—is payable within the additional time allowed by the administering authority; or (c) if the person applies to the administering authority within the 28 days for additional time to pay and the application is refused—is payable within 7 days after the day the person is told of the refusal or 28 days after the day the notice was served, whichever is later; or (d) if the person applies to the administering authority within the 28 days for an infringement notice management plan and the application is allowed—is payable or otherwise to be discharged in accordance with the plan; or (e) if the person applies to the administering authority within the 28 days for an infringement notice management plan and the application is refused—is payable within 7 days after the day the person is told of the refusal or 28 days after the day the notice was served, whichever is later; or

(f) if the person applies to the administering authority within the 28 days for waiver of the infringement notice penalty for the offence and the application is refused—is payable within 7 days after the day the person is told of the refusal or 28 days after the day the notice was served, whichever is later.

124 Extension of time to pay penalty (1) A person may apply, in writing, for an extension of time to do any of the following: (a) pay the infringement notice penalty stated in the infringement notice or reminder notice; (b) apply to the administering authority under section 126 to withdraw the infringement notice; (c) apply to the administering authority under section 131AA to— (i) enter into an infringement notice management plan; or (ii) add the infringement notice penalty for the offence to the plan; (d) apply to the administering authority under section 131AE to waive the infringement notice penalty; (e) give the administering authority notice disputing liability for the infringement notice offence. (2) The administering authority must— (a) allow or refuse to allow the additional time; and (b) tell the person in writing of the decision and, if the decision is a refusal, the reasons for it. (3) If the time to pay an infringement notice penalty is extended and a territory law limits the period to begin a prosecution for the infringement notice offence, the period to begin the prosecution is extended until 1 year after payment of the penalty is required.

124A Extension of time—guidelines (1) The Minister may issue guidelines for deciding applications for extensions of time, including applications made after the time for doing something mentioned in section 124 (1). comply with any guidelines for deciding an application for an extension of time.

125 Effect of payment of infringement notice penalty (1) This section applies— (a) if— (i) a person has been served with an infringement notice for an offence; and (ii) one of the following things happens: (A) the person pays the infringement notice penalty for the offence in accordance with this part; (B) the person enters into an infringement notice management plan for the infringement notice penalty for the offence or the penalty is added to the person’s infringement notice management plan; (C) the administering authority waives the infringement notice penalty for the offence; and (iii) when the thing happened— (A) the infringement notice had not been withdrawn; and (B) a proceeding had not been brought against the person for the offence; or

(b) if— (i) more than 1 infringement notice for the same infringement notice offence has been served on a person and none of the infringement notices has been withdrawn; and (ii) one of the following things happens: (A) the person pays the infringement notice penalty for the offence in accordance with this part, in relation to 1 of the notices; (B) the person enters into an infringement notice management plan for the infringement notice penalty for the offence, or the penalty is added to the person’s infringement notice management plan, in relation to 1 of the notices; (C) the administering authority waives the infringement notice penalty for the offence in relation to 1 of the notices. Note Section 127 (Withdrawal of infringement notice) provides for the withdrawal at any time of an infringement notice that has been served on a person. If s 125 applied to the infringement notice offence, it ceases to apply, and is taken never to have applied, on the withdrawal of the notice (see s 127 (4)). (2) If this section applies— (a) any liability of the person for the offence is discharged; and (b) the person must not be prosecuted in a court for the offence; and (c) the person is not taken to have been convicted of the offence. (3) This section is subject to section 127 (Withdrawal of infringement notice) and section 131ACB (Infringement notice management plan—effect of cancellation).

126 Application for withdrawal of infringement notice (1) The person on whom an infringement notice for an infringement notice offence is served may apply to the administering authority, in writing, for the withdrawal of the notice within 28 days after the day when the infringement notice, or a reminder notice for the offence, is served on the person (or any additional time allowed by the administering authority). (2) The administering authority must— (a) withdraw the notice or refuse to withdraw the notice; and (b) tell the person in writing of the decision and, if the decision is a refusal, the reasons for it.

127 Withdrawal of infringement notice (1) This section applies to an infringement notice that has been served on a person for an infringement notice offence. (2) The administering authority may, by notice served on the person, withdraw the infringement notice, whether or not— (a) the person has made an application for the withdrawal of the infringement notice; or (b) the infringement notice penalty (or part of it) has been paid for the offence; or (c) the person has disputed liability for the infringement notice (3) The notice must— (a) include the number of the infringement notice and the date of service of the infringement notice; and (b) tell the person that the infringement notice is withdrawn and, in general terms, about subsection (4).

(4) On service of the notice— (a) this part ceases to apply to the infringement notice; and (b) if the infringement notice penalty (or part of it) has been paid— the amount paid must be repaid by the administering authority; and (c) if section 125 (Effect of payment of infringement notice penalty) applies to the offence—the section ceases to apply, and is taken never to have applied, to the offence; and (d) a proceeding for the offence may be taken in a court against anyone (including the person) as if the infringement notice had not been served on the person.

128 Guidelines about withdrawal of infringement notices (1) The Minister may issue guidelines about the exercise of an administering authority’s functions under section 126 (Application for withdrawal of infringement notice) or section 127 (Withdrawal of infringement notice). comply with any guidelines applying to the offence.

129 Reminder notices An authorised person may serve a notice (a reminder notice) on a person if— (a) an infringement notice has been served on the person for an infringement notice offence; and (b) the infringement notice has not been withdrawn; and (c) the infringement notice penalty has not been paid to the administering authority within the time for payment under this part; and

(d) written notice disputing liability has not been given to the administering authority in accordance with this part; and (e) the person has not applied to the administering authority for waiver of the infringement notice penalty; and (f) a reminder notice has not previously been served on the person for the offence.

130 Contents of reminder notices A reminder notice served on a person by an authorised person for an infringement notice offence must— (a) be identified by a unique number; and (b) include the following information: (i) the Act or subordinate law, and the provision of it, contravened by the person; (ii) the number of the infringement notice served on the person for the offence; (iii) the date of service of the infringement notice; and (c) state the date of service of the reminder notice; and (d) state the infringement notice penalty that is now payable by the person for the offence; and (e) contain the information required by section 131 (Additional information in reminder notices); and (f) identify the authorised person in accordance with the regulations; and (g) include any other information required by regulation and any