New South Wales Repealed Acts

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This legislation has been repealed.

JUSTICES ACT 1902 - SECT 117

Application of Part generally

117 Application of Part generally

(1) In this Part, a reference to a sentence includes a reference to:
(a) a fine or sentence imposed by a Magistrate, and
(b) any order made by a Magistrate:
(i) on the conviction or instead of a conviction of a person, or
(ii) as punishment for any act or omission.
(2) Subsection (1) (b) includes but is not limited to the following orders and decisions:
(a) an order for compensation or forfeiture,
(b) an order to pay any sum of money (whether for payment by any person of costs of a party or witness or for any other purpose),
(c) an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 with respect to a person dealt with for an offence,
(d) an order or a decision under section 9 of the Crimes (Sentencing Procedure) Act 1999 with respect to a person dealt with for an offence,
(e) a decision by a Magistrate exercising the jurisdiction of a Local Court under the Fines Act 1996 not to annul a fine enforcement order,
(f) any other order or decision of any kind whatever made by a Magistrate with respect to a person dealt with for an offence (whether or not the person has been convicted) deferring passing sentence on the person and releasing the person subject to conditions or without conditions,
(g) a decision within the meaning of section 42 (3) of the Children (Criminal Proceedings) Act 1987 made by a Magistrate exercising the jurisdiction of the Children's Court in respect of an offence committed by a person.
(3) This Part, to the extent to which it is not inconsistent with any other Act, applies to any order of a Magistrate made under another Act against which:
(a) an appeal is provided for under the other Act to the District Court, or
(b) an appeal is provided for under the other Act but no court is specified for the appeal.
(4) The provisions of this Part do not affect the provisions of the Home Detention Act 1996 .
(5) This Part does not apply to the exercise of ministerial functions by a Magistrate.



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