Queensland Consolidated Acts

JUSTICES ACT 1886 - SECT 117

117 Application of registry committals to indictable offences under other Acts

(1) This section applies to an offence against a provision of another Act if—

(a) the Act (the
"other Act" ) provides that the offence is an indictable offence; and

(b) whether or not the other Act allows for the summary conviction of a person charged with the offence, it makes provision, whether or not by reference to this Act, for the court to proceed by way of a committal proceeding in relation to the offence.

Example—

Under the Property Occupations Act 2014 , section 225 , a charge for an indictable offence under that Act, depending on circumstances as provided for in the section, at the level of a Magistrates Court, either could be heard and decided summarily, or could be the subject of a committal proceeding, effectively as provided for under this Act.

(2) To remove any doubt, it is declared that if a person is charged with the offence, and the offence is not to be heard and decided summarily, the person may be committed for trial or sentence on the basis of a registry committal.

(3) If there is a registry committal, it takes the place of any committal proceeding otherwise provided for in the other Act.