Queensland Numbered Acts Queensland Numbered ActsPart 6, after section 50--
insert--
'(1) A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution--
(a) by way of summary proceeding under the Justices Act 1886; or
(b) on indictment.
'(2) A magistrate must not hear an indictable offence summarily if--
(a) the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or
(b) the magistrate considers the charge should be prosecuted on indictment.
'(3) If subsection (2) applies--
(a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and
(b) a plea of the person charged at the start of the proceeding must be disregarded; and
(c) evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and
(d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886, section 104(2)(b).16
'(1) The proceeding must be before a magistrate if it is a proceeding--
(a) for the summary conviction of a person on a charge for an indictable offence; or
(b) for an examination of witnesses for a charge for an indictable offence.
'(2) However, if the proceeding is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991.'.