Court of Petty Sessions Act 1953 (ACT)

AUSTRALIAN CAPITAL TERRITORY.

No. 14 of 1953.

AN ORDINANCE

To amend the Court of Petty Sessions

Ordinance 1930-1951.

BE it ordained by the Governor-General in and over the Executive Council, in pursuance of the powers conferred by the Commonwealth of Australia, with the advice of the Federal Seat of Government Acceptance Act 1909-1938 and the Seat of

Government (Administration) Act 1910-1947, as follows:—

1.— (1.) This Ordinance may be cited as the Court of Petty short title

o • / i j • - i n r o :'* and citation.

Sessions Ordinance 19;>3.-'
(2.) The Court of Petty Sessions Ordinance 19:50-1951 is in this Ordinance referred to as the Principal Ordinance.
(3.) The Principal Ordinance, as amended by this Ordinance,

may be cited as the Court of Petty Sessions Ordinance 1930-1953.

2. This Ordinance shall come into operation on the third day commencement

of December. One thousand nine hundred and fifty-three.

3. Section four of the Principal Ordinance is amended by Parts.

omitting the words—

"Pa r t XIII.—Costs."

and inserting in their stead the words—

" Part XIII.—Costs and Fees."'.

4. Section five of the Principal Ordinance is amended by insert- Definitions.

ing, before the definition of "Capital offence", the following

definition:—

" ' Bailiff' means a bailiff appointed under this

Ordinance; ".

by omitting from sub-paragraph (iv) of paragraph (a) the words cases™'°f	5. Section twenty-four B of the Principal Ordinance is amended Procedure for
3660.—PRICE 3D.

" a fee of Ten shillings and sixpence " and inserting in their stead the words " the fee prescribed by rules or regulations under this Ordinance ".

6.  Section forty-one of the Principal Ordinance is amended— service of (a) by omitting sub-section (1.) and inserting in its stead

the following sub-sections:—

" (1.) A summons issued in respect of an informa-
tion or complaint, not being a default summons, may
be served upon the person to whom it is directed by—

(a) delivering a copy of the summons to that

person; or

• Notified in the Commonwealth Gazette on lL'th November, 1953.

(b) by leaving a copy of the summons at the last known or usual place of abode or business of that person with some other person who is apparently an inmate of, or employed at, that place and apparently over the age of sixteen years.

" (1A.) Service of a summons under the last pre-

ceding sub-section shall be effected—

(a) in the ca.se of a summons issued in respect of an information—at least seventy-two hours before the time appointed in the summons for the hearing of the information; or

(b) in the ease of a summons issued in respect of a complaint—at least ten clear days before the time appointed in the summons for the hearing of the complaint." ; and

(b) by omitting from sub-section (2.) the words "last pre- ceding sub-section " and inserting in their stead the words " preceding provisions of this section ".

procedure on 7. Section one hundred and sixty-two of the Principal Ordinance

execution. ^ a m e n d e d —

(a) by inserting in sub-section (1.), after the word

" officer ", the words " or a bailiff " ;

(b) by omitting from that sub-section the words "Ten pounds" and inserting in their stead the words " Fifty pounds " ;

(c) by inserting in sub-section (6.), after the word " officer ",

the words " or bailiff " ;

(d) by inserting in sub-section (7.), after the word " officer ",

the words " or bailiff " ;

(e)	by inserting in sub-section (8.), after the word " officer "
(first occurring), the words " or bailiff " ;

(/) by omitting from that sub-section the word " officer "
(second occurring) and inserting in its stead the
words " police officer or bailiff, as the case may be,";

(g) by inserting in sub-section (9.). after the word

" officer ", the words " or bailiff "'; and

(/t) by omitting from sub-section (10.) the word "officer" and inserting in its stead the words " police officer or bailiff ".

Time of 8. Section one hundred and sixty-five of the Principal Ordinance t'ê ecorued!0 is amended by inserting, after the word " officer", the words

" or bailiff ".

9. Section one hundred and sixty-.seven of the Principal Adverse claim

Ordinance is amended by inserting in sub-section (1.), after the word " officer ", the words " or bailiff ".

10. Section two hundred and eight of the Principal Ordinance Appeals in

is amended by omitting from paragraph (d) of sub-section (2.) the words " a fee of Ten shillings and sixpence " and inserting in their stead the words " the fee prescribed by rules or regulations under this Ordinance ".

11. Section two hundred and thirty-one of the Principal Magistrate

Ordinance is amended by omitting the words " place of abode " and act not inserting in their stead the words " or usual place of abode or jurisdiction. business ".

12. The heading to Part XIII . of the Principal Ordinance is Heading to

omitted and the following heading inserted in its stead:—

" P A R T XIII.—COSTS AND PEES. ' .

13. Section two hundred and forty-four of the Principal Award of costs.

Ordinance is amended by omitting from sub-section (2.) the words "specified in the Fifth and Sixth Schedules to this Ordinance or ".

14. Section two hundred and forty-five of the Principal Ordinance is repealed and the following section inserted in its stead:—

"245.— (1.) There shall be payable, in respect of proceedings court fees.

and matters under this Ordinance, to the Clerk and to the Registrar such fees as are prescribed by rules or regulations under this Ordinance.

" (2.) The prescribed fees shall be paid in advance and, in the first instance, by the party on whose behalf -the proceedings are taken.".

15. Section two hundred and forty-seven of the Principal Ordinance is repealed and the following section inserted in its stead:—

" 247. The costs which may be allowed for witnesses who attend witnesses' ^ . . expenses.

to give evidence before the Court shall be in accordance with such f-cale as is prescribed by rules or regulations under this Ordinance.". 16. Section two hundred and fifty-eight of the Principal 5ule8. "J"* J

° ' Regulations.

•Ordinance is amended—

(a) by omitting from paragraph (e) the words " under this

Ordinance or " ; and

(6) by omitting paragraph (/) .

17. The First Schedule to the Principal Ordinance is amended— si'toS* [a) by inserting in Form 31, after the word " F o r c e "

(wherever occurring), the words " ( o r the said
bailiff) " ;

(b) by inserting in Form 57, after the words—

" To the Chief Officer of Poliee at Canberra, in the Australian Capital Territory, and all other Police Officers in the said Territory."

the words—

" or

To , a bailiff of the Court of Pet ty

Sessions of the Australian Capital Territory." ;

(c) by inserting in Form 58, after the words—

" To the Chief Officer of Police at Canberra, in the Aus- tral ian Capital Territory, and all other Police Officers in the said Territory."

the words—

or

To , a bailiff of the Court of Petty

Sessions of the Australian Capital Territory." ;

(d) by omitting from Form 59 the words " Principal Police Officer" and inserting in their stead the words " Chief Officer of Police " ;

(e) by inserting in Form 61, after the words—

" To a member of the Police Force of the

Australian Capital Territory."

the words—

"or

To , a bailiff of the Court of Petty

Sessions of the Australian Capital Territory.";

and

(/) by inserting in Form 62, after the word " officer ", the

words " (or bailiff) ".

Kepeaiofthe *8. The Fourth, Fifth and Sixth Schedules to the Principal

and'sfcth"* Ordinance are repealed.

Schedules.

Dated this eleventh day of November, 1953.

W. J. SLIM
Governor-General.

By His Excellency's Command, J. A. SPICBR

for and on behalf of the Minister of State

for the Interior.

By Authori ty: L. F. JOIIXSTOX, Commonwealth Government Printer, Canberra.