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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Magistrates Court (Special Justices) Amendment
Bill 2009
A BILL FOR
An Act to amend the Magistrates Court Act 1991.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Magistrates Court
Act 1991
4 Amendment of section 7A—Constitution of
Court
5 Amendment of section 9A—Petty Sessions Division
6 Amendment
of section 15—Exercise of procedural and administrative powers of
Court
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Magistrates Court (Special Justices)
Amendment Act 2009.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Magistrates Court
Act 1991
4—Amendment of
section 7A—Constitution of Court
Section 7A(2)—delete subsection (2) and substitute:
(2) The Court may be constituted of a special justice—
(a) in its Petty Sessions Division; or
(b) to hear and determine uncontested applications of a class prescribed
by the regulations; or
(c) in any other case—if there is no Magistrate available,
but, when constituted of a special justice, the Court may not impose a
sentence of imprisonment.
5—Amendment of
section 9A—Petty Sessions Division
(1) Section 9A(b)—delete paragraph (b) and substitute:
(b) to hear and determine any of the following charges:
(i) a charge of any offence in respect of which an expiation notice has
been given to a person alleged to have committed the offence where the alleged
offender has elected to be prosecuted for the offence to which the expiation
notice relates;
(ii) a charge of a prescribed offence;
(iii) a charge of any other offence in respect of which the maximum
penalty does not exceed a fine of $2 500 or include imprisonment (but
may include disqualification from holding or obtaining a driver's licence);
and
(2) Section 9A(c)—delete "of an enforcement order under
section 14" and substitute:
under section 10 or 14
(3) Section 9A—after its current contents as amended by this section
(now to be designated as subsection (1)) insert:
(2) In this section—
prescribed offence means an offence—
(a) in respect of which the maximum penalty does not exceed a fine of
$2 500 but does include imprisonment; and
(b) that is prescribed by the regulations for the purposes of this
definition.
6—Amendment of
section 15—Exercise of procedural and administrative powers of
Court
Section 15—delete "or Justice" and substitute:
, special justice or justice