New South Wales Bills Explanatory Notes

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JUSTICES (AMENDMENT) BILL 1993

                                                                    Act 1993 No. 45




                 JUSTICES (AMENDMENT) BILL 1993

                                NEW SOUTH WALES




                               EXPLANATORY NOTE

  (This Explanatory Note relates to this Bill as introduced into Parliament)
   The object of this Bill is to amend provisions of the Justices Act 1902 which provide
for the issue of court attendance notices and provisions which provide for appeals from
Local Courts to the District Court.

Court attendance notices
   The amendments will enable all police officers to issue court attendance notices to
offenders (see Schedule 1 (1)-(4)).

Appeals
   The amendments will enable the District Court to dismiss an appeal, or an
application for leave to appeal, if an appellant or applicant fails to appear without the
need to first conduct a "diligent search and inquiry" to locate the appellant or applicant
(see Schedule 1 (5)).
   Before dismissing an appeal or application in these circumstances, the District Court
must be satisfied that each party knew of the time and place of the hearing, if there was
an error in, or non-service of, the notice of hearing (see Schedule 1 (S)).
   The Bill also makes other amendments requiring appellants and applicants for leave
to appeal to notify the Court of changes of address (see Schedule 1 (6) and (7)) and
extending the time limit (from 3 months to 12 months) within which an appellant may
apply to the District Court to have an order dismissing an appeal vacated (see Schedule
1 (9)). Applicants for leave to appeal will also be able to apply to have orders dismissing
such applications vacated (see Schedule 1 (9)). The District Court will be required to
notify appellants and applicants of the dismissal of their appeals and applications and
their rights to have orders for dismissal vacated (see Schedule 1 (8)).
   The amendments made by the Bill will not apply to an appeal or application in
respect of a conviction or order made before their commencement (see Schedule 1 (10)).
   An explanation follows each proposed amendment set out in Schedule 1.

 


 

2 Justices (Amendment) 1993 [Act 1993 No. 45] Clause 1 specifies the short title of the proposed Act. Clause 2 provides that the proposed Act will commence on a day or days to be appointed by proclamation. Clause 3 gives effect to Schedule 1 which contains the amendments referred to above. Clause 4 makes it clear that the explanatory notes contained in the proposed Act do not form part of the proposed Act.

 


 

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