105Application of Part

105 Application of Part

105 Application of Part

(1) This Part applies to all offences (other than any offences of a class referred to in subsection (2) or prescribed by the regulations) that are dealt with by—

(a) the Supreme Court, or

(b) the District Court, or

(c) the Drug Court, or

(d) the Local Court, or

(e) the Land and Environment Court, or

(f) the Industrial Relations Commission in Court Session, or

(g) the Children’s Court, or

(h) any other court prescribed by the regulations.

(2) This Part does not apply to offences relating to the following—

(a) engaging in offensive conduct,

(b) the use of offensive language,

(c) travelling on public transport without paying the fare or without a ticket,

(d) the parking or standing of a vehicle.

(3) This Part does not apply to an offence merely because it is taken into account (as referred to in Division 3 of Part 3 of the Crimes (Sentencing Procedure) Act 1999) on the sentence of a person in respect of some other offence, whether or not that other offence is an offence to which this Part applies.

(4) In this Part, conviction does not include an order made under section 10 (1) (a) of the Crimes (Sentencing Procedure) Act 1999 in relation to an offence that is not punishable by imprisonment (whether or not it is also punishable by some other penalty).

s 105: Am 2016 No 48, Sch 2.36; 2024 No 41, Sch 2.34.