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CLAUSE NOTES
Magistrates Court (Criminal and General Division)
(Consequential Amendments) Bill 2019
PART 1 – PRELIMINARY
Clause 1: Short title
Cites the Act as the Magistrates Court (Criminal and General Division) (Consequential
Amendments) Act 2019.
Clause 2: Commencement
Provides for the Bill to commence on the same day as the Magistrates Court (Criminal and
General Division) Act 2019 commences.
PART 2 – BAIL ACT 1994 AMENDED
Clause 3: Principal Act
Cites the Bail Act 1994 as the Principal Act which is amended.
Clause 4: Section 3 amended (Interpretation)
Amends section 3 of the Principal Act by substituting “clerk of petty sessions” with
“district registrar” in the definition of ‘appropriate officer’.
Inserts new definitions for “charge”, “court attendance notice” and “district registrar” in
the Principal Act.
Removes the definition of “restraint order” in the Principal Act and substitutes definitions
for ‘justice’, “Magistrates Court (Criminal and General Division)”, “prosecutor”, “restraint
order” and “summary offence” to reflect the new regime.
Removes subsection (2) of section 3 which is an unnecessary provision which states that
references in the Principal Act to justices are taken to include references to a magistrate.
Clause 5: Section 4E Inserted – Power of certain officers to admit person to bail
Inserts a new section 4E including new definitions for “family violence offence”, “family
violence order”, “prescribed officer”, “protected person” and “restrained person” in the
new section 4E of the Principal Act.
Page 1 of 16
A “prescribed officer” is:
a police officer who has been appointed as the custody officer or who is entitled
to perform and is performing the functions of a custody officer at a designated
police station; or
an approved operator within the meaning of section 3(5) of the Road Safety
(Alcohol and Drugs) Act 1970 or the Marine Safety (Misuse of Alcohol) Act 2006, in
the case of an offence against those respective Acts.
Provides that if a person is in custody pursuant to a warrant issued under section 12 of
the Principal Act by the Magistrates Court (Criminal and General Division) in relation to
an offence, for a breach of duty or to a make a restraint order, a prescribed officer is to
make inquiries into the case and admit the person to bail, unless the person is detained
under section 4 of the Criminal Law (Detention and Interrogation Act 1995 or there are
reasonable grounds to believe that it would not be in the interests of justice to bail them.
Provides that the prescribed officer, in deciding whether there are reasonable grounds to
believe that it is not in the interests of justice to bail the restrained person:
must consider the protection and welfare of the protected person to be of
paramount importance; and
must take into account any previous violence by the restrained person against the
protected person or any other person, whether or not the restrained person was
convicted of an offence, had a prior family violence order or restraint order made
against him or her; and
must take into account whether a recognised domestic violence order as defined
in the Domestic Violence Orders (National Recognition) Act 2016 or restraint order
is in force in relation to that person.
Provides that a person who has been refused bail under this section may not appeal
against the refusal to grant bail.
Provides that if a person is not detained under section 4 of the Criminal Law (Detention
and Interrogation) Act 1995 but they are refused bail under this section, they are to be
taken before the Magistrates Court (Criminal and General Division) as soon as is
reasonably practicable.
Clause 6: Section 5 amended (Police Bail)
Amends section 5 by substituting “section 34 of the Justices Act 1959” with “section 4E
of this Act”.
Amends section 5 by substituting “justices” or “justice” with the “Magistrates Court
(Criminal and General) Division”, and substituting “the justices” with “that Court” where
appropriate.
Inserts references to the new term “bail notice”, and where appropriate substitutes
“notice referred to in subsection (1)(a)” with “bail notice”.
Amends section 5(3A)(c) by substituting “section 106B(1) of the Justices Act 1959” with
“section 6(2) of the Restraint Orders Act 2019”.
Page 2 of 16
Amends section 5(5B) by substituting “section 34A of the Justices Act 1959” with “section
18 of the Magistrates Court (Criminal and General Division) Act 2019”.
Amends section 5(7) by substituting “clerk of petty sessions” with “district registrar”.
Clause 7: Section 7 amended (Conditions to which bail is subject)
Amends section 7 of the Principal Act by removing redundant references and replacing
them with references to “a district registrar” and “an officer of the Magistrates Court
authorised by a district registrar for the purposes of this section”.
Amends section 7(3) by removing the redundant references to section 117A(2) of the
Justices Act 1959 and substituting with “bail”.
Clause 8: Section 11 amended (Power of Magistrates Court (Criminal and General
Division) to deal with arrested person)
Amends section 11(1) by substituting references to “a justice, the justice” with “the
Magistrates Court (Criminal and General Division), that Court”.
Substitutes redundant references to “the Justices Act 1959” with “section 4E or under the
Magistrates Court (Criminal and General Division)”.
Clause 9: Section 12 amended (Power of judge or Magistrates Court (Criminal and
General Division) to issue warrant for arrest)
Amends section 12 to substitute “Court or a justice” with “Court, or the Magistrates
Court (Criminal and General Division)”.
Clause 10: Section 20 amended (Offences against this Act)
Amends section 20 by substituting a “justice” with “the Magistrates Court (Criminal and
General Division)”.
Clause 11: Section 22 amended (Oral application for bail)
Amends section 22 by substituting a “a justice” with “the Magistrates Court (Criminal and
General Division)”.
Clause 12: Section 23 amended (Application for bail or variation of conditions)
Amends section 23 by substituting “justices” with “the Magistrates Court (Criminal and
General Division)”.
Amends section 23(3) by substituting “section 34 of the Justices Act 1959” with “this Act,
the Magistrates Court (Criminal and General Division) Act 2019”.
Page 3 of 16
Clause 13: Section 24 amended (Application to revoke bail, &c)
Amends section 24(3) by substituting “justices” with “the Magistrates Court (Criminal
and General Division)” and inserts the words “or the applicant”.
Clause 14: Section 26 amended (Arrest of person admitted to bail by person bound
by recognizance)
Amends section 26 by substituting a “justice” with “the Magistrates Court (Criminal and
General Division)” and “the justice” with “that Court” where relevant.
Amends section 26(3)(a) by substituting “Justices Act 1959“ with “Magistrates Court
(Criminal and General Division) Act 2019”.
Clause 15: Section 27A inserted – Prohibition on publishing accounts of bail
proceedings
Inserts section 27A into the Principal Act to make it an offence, despite anything in the
Defamation Act 2005, to publish, or cause or allow to published, an account of bail
application proceedings under any Act.
Provides that the offence provision does not apply to:
a report of the fact of the application and a statement that an order has been
made in relation to the application;
a report of proceedings in the Supreme Court or before a judge that is written
as a law report; or
an account of the proceedings that is published after the final determination of
the charge for the offence which the bail applicant is alleged to have committed.
PART 3 – CONSUMER AFFAIRS ACT 1988 AMENDED
Clause 16: Principal Act
Cites the Consumer Affairs Act 1988 as the Principal Act which is amended.
Clause 17: Section 20 amended (Offences against this Act)
Amends section 20(1)(b) to substitute “matter of complaint arose” with “alleged offence
occurred” and substitute “matter of complaint” with “alleged offence”.
Clause 18: Section 24A inserted – Minister may set time limit for commencing
proceedings for offences under this and other Act
Inserts section 24A into the Principal Act to provide that the Minister, by order, may
declare the Principal Act or another Act, or a provision of those acts, to be an Act or
provision to which section 80(1)(a) of the Magistrates Court (Criminal and General Division)
Act 2019 does not apply. Section 80(1)(a) provides that proceedings must be
commenced within 6 months after the time when the alleged offence occurred.
Page 4 of 16
Provides that a summary offence under an Act or provision that has been declared to be
an Act or provision to which section 80(1)(a) does not apply and that is not an indictable
offence referred to in Schedule 1 or 2 of the Magistrates Court (Criminal and General
Division) Act 2019, must be commenced within 3 years after the time when the alleged
offence occurred, but not later than 6 months after the day on which the alleged offence
came to the attention of the Director.
Provides that an order made under this section is a statutory rule under the Rules
Publication Act 1953.
PART 4 – CORONERS ACT 1995 AMENDED
Clause 19: Principal Act
Cites the Coroners Act 1995 as the Principal Act which is amended.
Clause 20: Section 14 amended (Chief Clerk (Coroner’s Registrar))
Amends section 14 to substitute “Chief Clerk (Coronial Division)” with “Coroner’s
Registrar”.
Clause 21: Section 15 amended (Coroner’s associates)
Amends section 15(3) to substitute “clerk of petty sessions and a deputy clerk of petty
sessions” with “district registrar, and a deputy district registrar appointed under section
16A of the Magistrates Court Act 1987”.
Clause 22: Section 25 amended (Procedure at inquest where person charged with
an offence)
Amends section 25 by substituting “justices” with “the Magistrates Court (Criminal and
General Division), and substituting “clerk to the justices” with “district registrar of the
Magistrates Court (Criminal and General Division)”.
Clause 23: Section 66 repealed
Repeals the contempt offence under section 66 of the Principal Act.
PART 5 – CRIMINAL LAW (DETENTION AND INTERROGATION) ACT 1995
AMENDED
Clause 24: Principal Act
Cites the Criminal Law (Detention and Interrogation) Act 1995 as the Principal Act which is
amended.
Clause 25: Section 3 amended (Interpretation)
Page 5 of 16
Amends section 3(1) by inserting a definition for “Magistrates Court (Criminal and
General Division)”.
Clause 26: Section 4 amended (Detention of person in custody)
Amends section 4 by substituting “a magistrate or justice” and substituting “the
Magistrates Court (Criminal and General Division)” or “that Court” where relevant.
Amends section 4(1) by substituting “section 34 of the Justices Act 1959” with “section
4E of the Bail Act 1994”.
Amends section 4(3) by substituting “person mentioned in section 34 of the Justices Act
1959” and substituting “prescribed officer, within the meaning of section 4E of the Bail
Act 1994, and for that purpose section 4E(2),(3),(4) and (5) of that Act applies”.
Clause 27: Section 6 amended (Right to communicate with friend, relative and legal
practitioner)
Amends section 6 by substituting “magistrate” and substituting “the Magistrates Court
(Criminal and General Division)” or “that Court” where relevant.
Clause 28: Section 7 amended (Orders made by telephone)
Amends section 7 by substituting “magistrate” and substituting “the Magistrates Court
(Criminal and General Division)” or “that Court” or “it” where relevant.
Amends subsection (4) by substituting “a magistrate who” with “if the Magistrates Court
(Criminal and General Division)”.
Amends subsection 5(b) by substituting “magistrate by whom, and the date and time
when” with “magistrate, bench justice or authorised justice who constituted the
Magistrates Court (Criminal and General Division) which made the order, and the date
on which”.
PART 6 – FAMILY VIOLENCE ACT 2004 AMENDED
Clause 29: Principal Act
Cites the Family Violence Act 2004 as the Principal Act which is amended.
Clause 30: Section 4 amended (Interpretation)
Amends section 4 of the Principal Act by substituting the definition of “Chief Clerk of
Petty Sessions” with a new definition for “district registrar”.
Clause 31: Section 5 amended (Meaning of “court”)
Amends section 5 by substituting “a court of summary jurisdiction within the meaning of
the Justices Act 1959” with “the Magistrates Court (Criminal and General Division)”.
Page 6 of 16
Amends 5(2) by substituting the existing subsection (2) with the following provision.
The court when constituted by one or more bench justices within the meaning of the
Magistrates Court (Criminal and General Division) Act 2019, may only exercise jurisdiction
for proceedings under the Family Violence Act 2004 in accordance with section 11 of the
Magistrates Court (Criminal and General Division) Act 2019, or if the rules of the court
under section 162 of the Magistrates Court (Criminal and General Division) Act 2019
prescribe that one or more bench justices may exercise jurisdiction for that proceeding.
Clause 32: Section 9A amended (Limitation period for offences under section 8 or
9)
Amends section 9A by substituting “a complaint” with “proceedings”.
Amends section 9A by substituting “made against a person” with “commenced”.
Amends section 9A by substituting “matter of complaint” with “charge for the offence”.
Clause 33: Section 11 amended (Power of Magistrates Court (Criminal and General
Division) to deal with arrested person)
Amends section 11(2) by substituting “section 34 of the Justices Act 1959 with “section
4E of the Bail Act 1994”.
Clause 34: Section 12 amended (Power of judge or Magistrates Court (Criminal and
General Division) to issue warrant for arrest)
Amends section 12(3) by substituting “section 34 of the Justices Act 1959 with “section
4E of the Bail Act 1994”.
Clause 35: Section 13B amended (Effect of failure to submit evidence)
Amends section 13B(1) by substituting “a court of summary jurisdiction” with “the court”
and “a court of summary jurisdiction or on indictment” with “the court or the Supreme
Court”.
Clause 36: Section 13C amended (Limited liability of affected person for instigating,
&c, breach of protection order)
Amends section 13C(1) by substituting “section 73 of the Justices Act 1959” with “section
94 of the Magistrates Court (Criminal and General Division) Act 2019”.
Clause 37: Section 14 amended (Chief Clerk (Coroner’s Registrar))
Amends section 14(2) by substituting “Chief Clerk of Petty Sessions” with “district
registrar”.
Page 7 of 16
Clause 38: Section 24 amended (Alternative orders)
Amends section 24 by substituting “section 106B(1) of the Justices Act 1959, make an
order in accordance with Part XA of that Act” with “section 6(2) of the Restraint Orders
Act 2019, make a restraint order under that Act”.
Clause 39: Section 25A amended (Powers of court to remand in custody, admit to
bail, &c)
Amends section 25A(1)(c) by substituting “issue a summons to the respondent to the
application” with “make an order to attend, within the meaning of the Magistrates Court
(Criminal and General Division) Act 2019”, and by substituting “summons” with “order to
attend”.
Clause 40: Section 26 amended (Application for registration of external family
violence order)
Amends section 26(1) by substituting “the Clerk of Petty Sessions” with “a district
registrar”.
Clause 41: Section 27 amended (Registration of external family violence order)
Amends section 27 by substituting “Clerk of Petty Sessions” with “district registrar”.
Clause 42: Section 31 amended (Procedure in relation to hearing and determining
applications)
Amends section 31(1)(a)(ii) by substituting “a complaint for a simple offence” with “ a
charge for an offence is heard and determined under the Magistrates Court (Criminal and
General Division) Act 2019”.
Amends section 31(1)(b) by substituting “a complainant” with “a prosecutor under the
Magistrates Court (Criminal and General Division) Act 2019”.
Clause 43: Section 35 amended (Contravention of FVO or PFVO)
Amends section 35(3) by substituting “complaint” with “charge sheet, within the meaning
of the Magistrates Court (Criminal and General Division) Act 2019.”
PART 7 – MAGISTRATES COURT ACT 1987 AMENDED
Clause 44: Principal Act
Cites the Magistrates Court Act 1987 as the Principal Act which is amended.
Clause 45: Section 3 amended (Interpretation)
Inserts in section 3 definitions for “authorised justice”, “bench justice”, “deputy district
registrar” and “district registrar”.
Page 8 of 16
Removes paragraph (b) from the definition of “lower courts”.
Clause 46: Section 3A amended (Creation of the Magistrates Court)
Amends section 3A by removing subsection (3) and substituting the following.
The Magistrates Court consists of:
the Chief Magistrate, the Deputy Chief Magistrate and the magistrates,
coroners appointed under the Coroners Act 1995 when constituting the
Magistrates Court (Coronial Division);
bench justices when constituting the Magistrates Court (Criminal and General
Division); and
authorised justices when constituting the Magistrates Court (Criminal and General
Division).
Inserts definitions for “Magistrates Court (Coronial Division)” and “Magistrates Court
(Criminal and General Division)” in subsection (3).
Clause 47: Section 10A amended (Immunities)
Amends section 10A by inserting references to a “coroner, bench justice or authorised
justice” after “magistrate”.
Clause 48: Section 10B amended (Magistrates &c, not required to give evidence in
certain cases)
Amends section 10B by substituting “magistrate” with “magistrate, coroner, bench justice
or authorised justice” and substituting “the magistrate’s” with “his or her”.
Clause 49: Section 13 amended (Jurisdiction and powers of magistrates)
Removes subsection (2) from section 13.
Clause 50: Section 15 amended (Arrangement of business of courts, and
administrative matters)
Amends section 15 by inserting “bench justice, authorised” after “magistrate” and by
substituting “magistrates and between other” with “magistrates, the coroners, the bench
justices and the authorised”.
Inserts in section 15 a provision to clarify that the Magistrates Court:
may sit and act at any time and on any day, including statutory holidays; and
is to sit at such times and places as directed by the Chief Magistrate.
Provides that the Magistrate may vary or revoke a direction made in relation to court
sitting times and places.
Page 9 of 16
Clause 51: Section 15AAA inserted – Persons allowed in courtroom
Inserts a new section 15AAA after section 15 of the Principal Act. Section 15AAA
provides that subject to the Magistrates Court Act 1987 and any other Act, the Magistrates
Court sits as an open and public court to which all persons may have access, if the room
or place can conveniently contain them.
If at any time the Magistrates Court considers it appropriate, the Court may order all or
any members of the public or all or any witnesses (other than a witness who is being
cross-examined or a party to proceedings) to leave the room or place where the Court
is sitting and remain outside and beyond the court, until they are permitted to re-enter.
Provides that the reasons for which the Magistrates Court may make an order may
include, but are not limited to the following reasons:
to ensure that the national or international security of Australia is not endangered;
to ensure that the administration of justice is not prejudiced;
to ensure that the physical safety of any person is not endangered;
to prevent the undue distress or embarrassment to an affected person within the
meaning of the Magistrates Court (Criminal and General Division) Act 2019;
to prevent the undue distress or embarrassment to a witness under examination
in a proceedings that relates to a charge for an offence against an affected person,
as defined above.
Provides that if at any time during proceedings, the Magistrates Court considers the
behaviour of a party to be significantly hindering the Court’s capacity to carry out its
functions and duties, the Court may order the party to leave the Court and remain
outside and beyond the proceedings, until permitted by the Court to re-enter.
Provides that if the Magistrates Court, other than when sitting as the Coronial Division,
excludes a party to the proceedings from the room or place in which the court is sitting,
it must arrange for that party to be provided with a means of hearing and observing the
proceedings, unless it is not practicable to provide those means.
Except as provided under subclause (4), a party to proceedings may not be excluded
from the room or place in which the court is sitting.
If a person wilfully disobeys an order to leave the room or place, the person is guilty of
contempt of the Magistrates Court and may be punished in accordance with section 17A
of the Magistrates Court Act 1987.
Clause 52: Section 15AB amended (Professional development)
Amends section 15AB(1) by substituting “magistrates, the other justices” with
“magistrates”.
Clause 53: Section 15AE amended (Committee may make rules of court)
Amends section 15AE(1) by removing paragraph (b).
Page 10 of 16
Clause 54: Section15A substituted – District Registries
Repeals section 15A of the Principal Act and substitutes the following provisions.
Provides for a district registry to be established in the northern region, the north-western
region and the southern region of Tasmania.
Provides that regulations may do any one or more of the following:
establish a district registry for any area of Tasmania;
revoke the establishment of a district registry;
re-define the area of district registry, if it was established by the regulations.
Clause 55: Section 17 amended (Delegation)
Amends section 17 by inserting in subsection (2) “under this or any other Act” after the
words “the Administrator”.
Inserts a new subsection 2A to provide for the following.
A district registrar may, by instrument in writing, delegate to a Departmental employee,
the performance and exercise of functions and powers conferred on the district registrar
under this or any other Act (except for this power of delegation) that are specified in the
instrument of appointment.
Further provides that the delegation may, by instrument in writing, also be revoked wholly
or in part.
Amends section 17 by substituting “Magistrate or the Administrator” with “Magistrate,
Administrator or district registrar”.
Clause 56: Section 17A amended (Contempt of Court)
Amends section 17A(1) by increasing the penalties for contempt of court.
Clause 57: Section 17AB inserted – Power to control process
Inserts a new section 17AB after section 17A of the Principal Act to provide for the
following.
The Magistrates Court has the same powers to control its process as the Supreme Court.
PART 8 – POLICE OFFENCES ACT 1935 AMENDED
Clause 58: Principal Act
Cites the Police Offences Act 1935 as the Principal Act which is amended.
Page 11 of 16
Clause 59: Section 3 amended (Interpretation)
Inserts in section 3(1) of the Principal Act, new definitions for “charge sheet”, “court
attendance notice”, “district registrar”, “Magistrates Court (Criminal and General
Division)” and “Magistrates Court (Youth Justice Division)”.
Amends section 3(1) be removing the current definition for “court” and replacing it with
the following definition: “in relation to any proceeding relating to an offence, the
Magistrates Court (Criminal and General Division) or the Magistrates Court (Youth
Justice Division), or in relation to proceedings on a civil matter, a court of summary
jurisdiction having jurisdiction in relation to those proceedings”.
Amends section 3(1) by removing from the table in the definition of “public place”, the
words “any police office or police station, or any court-house or court of petty sessions,
or any yard or enclosure used therewith respectively, to which the public have access”
and substituting the words “any police office or police station, or any court-house or
building connected with the sittings or administration of the Magistrates Court, or any
yard or enclosure used therewith respectively, to which the public have access”.
Clause 60: Section 13 amended (Public annoyance)
Amends section 13(3D) by substituting “a magistrate” with “the Magistrates Court
(Criminal and General Division) or Magistrates Court (Youth Justice Division)”, and
substituting “the magistrate” with “that Court”.
Clause 61: Section 14B amended (Unlawful entry on land)
Amends section 14B(3) by removing “or one of the justices” and by substituting
“complainant” with “relevant owner, occupier or person in charge of the land, building,
structure, premises, aircraft, vehicle or vessel”.
Clause 62: Section 15E amended (Body armour)
Amends section 15E(6)(e) by substituting “under Part XA of the Justices Act 1959” with
“within the meaning of the Restraint Orders Act 2019”.
Clause 63: Section 17 amended (Chimneys of fire)
Amends section 17(2) by substituting “any complaint” with “an offence”.
Clause 64: Section 20D amended (Official warnings)
Amends section 20D(6)(a)(iii) by substituting “a magistrate” with “the Magistrates Court
(Administrative Appeals Division)”.
Clause 65: Section 35 amended (Common assault and aggravated assault)
Amends section 35(4) by removing the phrase “on a complaint under subsection (3)”.
Page 12 of 16
Amends section 35(4) by inserting the phrase “referred to in subsection (3)” after “the
assault”.
Amends section 35(4) by substituting “complaint” where appropriate, with “offence
specified in the charge sheet”.
Amends section 35(5) by substituting “A complaint made for the purposes of the Justices
Act 1959” with “proceedings”, and substituting “is to be made” with “are to be
commenced”.
Clause 66: Section 36 amended (Power to make orders at hearing for offence)
Amends section 36 by substituting “Part VII of the Justices Act 1959” with “Part 9 of the
Magistrates Court (Criminal and General Division) Act 2019, and substituting “one of the
justices” with “the court”.
Clause 67: Section 37 amended (Offences relating to property)
Amends section 37(6) by substituting “A complaint made for the purposes of the Justices
Act 1959” and substituting “proceedings”, and substituting “is to be made” with “are to
be commenced”.
Clause 68: Section 37AAA amended (Interference with war memorials)
Amends section 37AAA(3) by substituting “A complaint made for the purposes of the
Justices Act 1959” with “proceedings”, and substituting “is to be made” with “are to be
commenced”.
Clause 69: Section 37AA amended (Unlawfully setting fire to property)
Amends section 37AA(3) by substituting “A complaint made for the purposes of the
Justices Act 1959” with “proceedings”, and substituting “is to be made” with “are to be
commenced”.
Clause 70: Section 37A amended (Interpretation)
Amends section 37A by substituting “a court held by a magistrate sitting alone in petty
sessions” in the definition of “court of summary jurisdiction” with “the Magistrates Court
(Criminal and General Division), or Magistrates Court (Youth Justice Division), when
constituted by a single magistrate”.
Clause 71: Section 37B amended (Motor vehicle stealing)
Amends section 37B by substituting “A complaint made for the purposes of the Justices
Act 1959” with “proceedings”, by substituting “is to be made” with “are to be
commenced”, and substituting “Part VII of the Justices Act 1959” with “Part 9 of the
Magistrates Court (Criminal and General Division) Act 2019”.
Page 13 of 16
Clause 72: Section 37K amended (Interpretation of Division)
Amends section 37K(1) by substituting “Magistrates Court” in the definition of “court”
with “Magistrates Court (Criminal and General Division) or Magistrates Court (Youth
Justice Division)”.
Clause 73: Section 37O amended (Period of clamping or confiscation for first
prescribed offence)
Amends section 37O(1) by removing paragraph (b) and inserting the following paragraph.
No proceedings have been commenced previously under the Magistrates Court (Criminal
and General Division) Act 2019 in respect of a prescribed offence.
Clause 74: Section 37P amended (Period of clamping or confiscation for second
prescribed offence)
Amends section 37P(1) by removing paragraph (b) and inserting the following paragraph.
Proceedings have been commenced previously under the Magistrates Court (Criminal and
General Division) Act 2019 in respect of a prescribed offence on one occasion.
Clause 75: Section 37Q amended (Period of clamping or confiscation for third or
subsequent prescribed offence)
Amends section 37Q(1) by removing paragraph (b) and inserting the following paragraph.
Proceedings have been commenced previously under the Magistrates Court (Criminal and
General Division) Act 2019 in respect of a prescribed offence on 2 or more occasions.
Amends section 37Q(3) by removing paragraph (b) and inserting the following paragraph.
If the person is found guilty of the new prescribed offence, and proceedings have been
commenced previously under the Magistrates Court (Criminal and General Division) Act
2019 in respect of 2 or more offences under section 11A of the Police Powers (Vehicle
Interception) Act 2000, the vehicle used in connection with the new prescribed offence is
forfeited to the Crown and the Commissioner may sell or dispose of the vehicle, and
anything in or on it, in a way the Commissioner considers appropriate.
Clause 76: Section 37Y amended (Application for forfeiture of vehicles)
Amends section 37Y(2) by substituting “complaint with “charge”.
Clause 77: Section 44A amended (False reports to police)
Amends section 44A(2) by substituting “the complainant” with “the person who
instituted proceedings” and substitutes “the complainant” second occurring with “that
person”.
Amends section 44A (3) by substituting “complainant under this section” with “a person
under subsection (2)”.
Page 14 of 16
Clause 78: Section 55 amended (Arrest)
Amends section 55 by substituting “summons” with “the issue of a court attendance
notice” and substituting “Part XA of the Justices Act 1959” with “the Restraint Orders Act
2019”.
Clause 79: Section 58 amended (Search of persons for poison)
Amends section 58(2) by substituting “justice” with “court”.
Clause 80: Section 65 amended (Power of court upon neglect to prosecute)
Amends section 65 by substituting “laid any complaint” with “commenced proceedings”,
substituting “such complaint” with “the proceedings” and substituting “take” with
“commence”.
Clause 81: Section 66 amended (Provision relating to determination of certain
questions by courts)
Amends section 66(1) by substituting “held before a” with “constituted by a”.
Clause 82: Section 67 amended (Averment of age prima facie proof)
Amends section 67 by substituting “complaint” with “charge sheet”.
Clause 83: Section 67A amended (Evidentiary provision)
Amends section 67A by substituting “complaint” with “charge sheet”.
Clause 84: Section 69 amended (Disposal of property forfeited to Crown)
Amends section 69(1) by substituting “court or justices” with “court”.
PART 9 – SUPREME COURT CIVIL PROCEDURES ACT 1992 AMENDED
Clause 85: Principal Act
Cites the Supreme Court Civil Procedures Act 1932 as the Principal Act which is amended.
Clause 86: Section 9 amended (Application of Act)
Amends section 9 of the Principal Act by substituting “Part XI of the Justices Act 1959”
with “Part 12 of the Magistrates Court (Criminal and General Division)” and substituting “a
court of summary jurisdiction” with “the Magistrates Court (Criminal and General
Division)”.
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PART 10 – REPEAL OF ACT
Clause 87: Repeal of Act
Provides that the Act is repealed a year after it commences.
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