sec.138Application of Justices Act

### sec.138 Application of Justices Act The Justices Act 1886 applies to a complaint, summons, warrant or penalty under this part with all necessary modifications and any modifications prescribed by regulation. For the purposes of the application mentioned in subsection (1) — a complaint is taken to be a complaint for an offence; and a summons is taken to be a summons to answer a complaint; and a penalty imposed under section 121 may be enforced by an order that might be made by the adjudicating justices under the Justices Act 1886 so as to enforce the payment of a penalty imposed on a conviction for an offence under an Act that does not expressly provide for enforcement of the payment. Despite the Justices Act 1886 , section 43 (2) or (3) , if 2 or more matters are properly joined in a single complaint made for the purposes of division 2 because the matters of complaint— are alleged to be constituted by the same act or omission; or are founded on substantially the same facts; it is not necessary to set out each matter of complaint in a separate paragraph. Objection can not be taken to the complaint mentioned in subsection (3) on the ground that each matter of complaint is not set out in a separate paragraph. (sec.138-ssec.1) The Justices Act 1886 applies to a complaint, summons, warrant or penalty under this part with all necessary modifications and any modifications prescribed by regulation. (sec.138-ssec.2) For the purposes of the application mentioned in subsection (1) — a complaint is taken to be a complaint for an offence; and a summons is taken to be a summons to answer a complaint; and a penalty imposed under section 121 may be enforced by an order that might be made by the adjudicating justices under the Justices Act 1886 so as to enforce the payment of a penalty imposed on a conviction for an offence under an Act that does not expressly provide for enforcement of the payment. (sec.138-ssec.3) Despite the Justices Act 1886 , section 43 (2) or (3) , if 2 or more matters are properly joined in a single complaint made for the purposes of division 2 because the matters of complaint— are alleged to be constituted by the same act or omission; or are founded on substantially the same facts; it is not necessary to set out each matter of complaint in a separate paragraph. (sec.138-ssec.4) Objection can not be taken to the complaint mentioned in subsection (3) on the ground that each matter of complaint is not set out in a separate paragraph. - (a) a complaint is taken to be a complaint for an offence; and - (b) a summons is taken to be a summons to answer a complaint; and - (c) a penalty imposed under section 121 may be enforced by an order that might be made by the adjudicating justices under the Justices Act 1886 so as to enforce the payment of a penalty imposed on a conviction for an offence under an Act that does not expressly provide for enforcement of the payment. - (a) are alleged to be constituted by the same act or omission; or - (b) are founded on substantially the same facts;