Court of Petty Sessions (Amendment) Act 1976 (ACT)
No. 42 of 1976
AN ORDINANCE
To amend the Court of Petty Sessions Ordinance 1930.
I, T H E G O V E R N O R - G E N E R A L of the C o m m o n w e a l t h of Austra l ia , act ing with the advice of the Federa l Execut ive Counci l , hereby m a k e the following Ord inance under the Seat of Government (Administration)
| Act | 1910 . Da ted this ninth day of September 1976. |
J O H N R. K E R R Governor -Genera l .
By His Excellency's C o m m a n d ,
R. E L L I C O T T At torney-Genera l .
| C O U R T | O F | P E T T Y | SESSIONS | ( A M E N D M E N T ) | O R D I N A N C E |
1976
1. This Ord inance may be cited as the Court of Petty Sessions
| (Amendment) | Ordinance | 1976 .* |
| 2 . In this Ord inance , " Principal Ord inance " means the Court of Petty Sessions Ordinance | 1930. f |
3 . Section 5 of the Principal Ord inance is a m e n d e d —
(a) by inserting in sub-section (1), after the definition of
" Registrar ", the following def ini t ion:—
| a n d N o s . | 14 a n d 4 7 , | 1974 . |
" ' R e m a n d Centre ' means a r emand centre or a tem
porary remand centre established unde r the
Remand Centres Ordinance 1976 ; " ; and
(b) by inserting in that sub-section, after the definition of
" S u m m a r y conv i c t i on" , the following def in i t ion:—
" ' S u p e r i n t e n d e n t ' has the same meaning as in the
Remand Centres Ordinance 1976 ;" .
4 . Section 65 of the Pr incipal Ord inance is amended by omit t ing
from sub-section ( 1 ) the words " or to a lock-up " and substituting the
words , " , a lock-up or a r emand cent re ".
| * | N o t i f i e d | in | t h e | Australian | Government | Gazette | o n | 13 S e p t e m b e r | 1976 . |
| t | O r d i n a n c e | N o . | 2 1 , | 1930 , | a s | a m e n d e d | b y | N o . | 2 1 , | 1 9 3 2 ; | N o . | 17. | 1 9 3 4 ; N o . | 13, | 1 9 3 6 ; N o s . | 5 a n d | 28 , | 1 9 3 7 ; |
| N o s . | 2 5 | a n d | 35 , | 1938 ; | N o s . | 2 0 | a n d | 2 2 , | 1 9 4 0 ; | N o . | 13. | 1 9 4 9 ; | N o s . | 7 a n d | 12, 1 9 5 1 ; N o . 14, 1 9 5 3 ; | N o . | 12, 1 9 5 8 ; |
| N o . | 2 | 1 9 6 1 ; N o . | 2 , | 1 9 6 6 ; N o . | I, | 1 9 6 7 ; N o . | 2 5 , | 1 9 6 8 ; | N o . | 12 , | 1 9 6 9 ; N o . | 15, | 1 9 7 0 ; N o . | 37 , | 1 9 7 2 ; N o . | 4 8 , | 1 9 7 3 ; |
5. Section 75 of the Principal Ordinance is repealed and the follow ing section substituted:—
"75 . (1) Where the Court commits a witness, or a person sought to be made a witness, it shall commit the person to a gaol, lock-up or remand centre.
" (2) Where the Court commits a defendant after the decision, it shall commit the person to a gaol or lock-up.".
6. Section 79 of the Principal Ordinance is amended by omitting the words " in gaol, before the keeper of the gaol" and substituting the words " in gaol or in a remand centre, before the keeper of the gaol or Superintendent of the remand centre, as the case requires ".
7. Section 81 of the Principal Ordinance is amended by inserting in sub-section (1), after the words " keeper of the gaol", the words ", or Superintendent of the remand centre ".
8. Section 82 of the Principal Ordinance is amended—
(a) by inserting after the words " gaol or place " the words " or, in the case of a remand centre, to the Superintendent of the remand centre "; and (b) by adding at the end thereof the words " or Superintendent".
9. Section 94 of the Principal Ordinance is amended by omitting the words " or a lock-up " and substituting the words ", a lock-up or a remand centre
10. Section 99 of the Principal Ordinance is amended—
(a)
by inserting in sub-section (3), after the word "prison", the words " or remand centre ";
(b)
by inserting in sub-section (4), after the words "at the prison ", the words " or remand centre ";
(c) by inserting in that sub-section, after the words " keeper of the prison ", the words " or the Superintendent of the
remand centre "; and
(d) by omitting from that sub-section the words " at the prison may " and substituting the words " at the prison or remand centre may ".
11. Section 100 of the Principal Ordinance is amended by inserting after the word " prison " the words " or to a remand centre ".
12. Section 101 of the Principal Ordinance is amended by inserting
after the word " prison " the words " or in a remand centre ".
13. Section 102 of the Principal Ordinance is amended—
(a) by inserting after the word "prison" (first occurring) the words " or in a remand centre "; (b) by inserting after the words "keeper of the prison" the words " or Superintendent of the remand centre, as the case requires"; and (c) by inserting after the word " keeper " (twice occurring) the words " or Superintendent ". 14. Section 105 of the Principal Ordinance is amended—
(a) by inserting after the words " to gaol " the words " or to a remand centre "; (b) by inserting after the words " keeper of the gaol" the words " or Superintendent of the remand centre, as the case requires "; and (c) by omitting the words "keeper shall" and substituting the words " keeper or Superintendent shall". 15. Section 157 of the Principal Ordinance is amended—
(a)
by inserting in sub-section (1), after the word " imprisoned ", the words " or, in the case of a person in respect of whom a warrant under section 255A has been issued, the Superintendent of the remand centre,";
(b)
by inserting in that sub-section, after the word " keeper " (wherever occurring) the words " or Superintendent"; and
(c) by inserting in sub-section (2), after the word "keeper",
the words " or Superintendent".
16. The Principal Ordinance is amended by inserting after section
255 the following section:—
"255A. (1) Where—
(a)
a warrant has been issued for the commitment of a person to prison under section 145, 150, 151, 182 or 183, or to gaol under section 202; and
(b)
a warrant under section 5 of the Removal of Prisoners (Australian Capital Territory) Act 1968 is not in force in respect of that person on the day on which the person is taken into custody by virtue of the warrant referred to in paragraph (a) ,
the Court or a magistrate may, by warrant, commit the person to a
remand centre.
" (2) Where a warrant is issued under sub-section (1), the warrant referred to in paragraph ( l ) ( a ) ceases, by virtue of this section, to have any effect.".
17. Form 19 in the First Schedule is amended—
(a)
by omitting the words " Keeper of the Gaol " and sub stituting the words " *Keeper of the Gaol/Superintendent of the Remand Centre ";
(b)
by omitting the word "gaol" (twice occurring) and sub stituting the words " *gaol/remand centre ";
(c)
by omitting the word "keeper" (twice occurring) and substituting the words " *keeper/Superintendent"; and
(d) by adding at the end thereof the following words:— " *Strike out whichever is inapplicable ".
18. Form 20 in the First Schedule is amended—
(a)
by omitting the words " Keeper of the Gaol " and sub stituting the words " *Keeper of the Gaol/Superintendent of the Remand Centre ";
(b)
by omitting the word " gaol " (twice occurring) and sub stituting the words " *gaol/remand centre";
(c)
by omitting the word "keeper" (twice occurring) and substituting the words " *keeper/Superintendent"; and
(d) by adding at the end thereof the following words:— " *Strike out whichever is inapplicable ".
19. Form 22 in the First Schedule is amended—
(a)
by omitting the word "gaol" and substituting the words " *gaol/remand centre "; and
(b) by adding at the end thereof the following words:— " *Strike out whichever is inapplicable ".
20. Form 63 in the First Schedule is amended— (a)
by omitting the words " Keeper of the Gaol " and sub stituting the words " *Keeper of the Gaol/Superintendent of the Remand Centre ";
(b)
by omitting the words "gaol at" and substituting the words " *gaol/remand centre at";
(c)
by omitting the words " keeper thereof" and substituting the words " * keeper/Superintendent thereof";
(d)
by omitting the words " keeper of the said gaol " and sub stituting the words " *keeper of the said gaol/Superinten dent of the said remand centre ";
(e)
by omitting the words " in the said gaol" and substituting the words " in the said *gaol/remand centre"; and
(f) by adding at the end thereof the following words:—
" *Strike out whichever is inapplicable ".
F o r m 64 in the First Schedule is a m e n d e d —
(a) by omitting the words " Keeper of the Gaol " and sub
stituting the words " *Keeper of the Gao l /Supe r in t enden t
of the R e m a n d Cent re " ;
( b ) by omit t ing the word " g a o l " ( twice occur r ing) and
substi tuting the words " * g a o l / r e m a n d c e n t r e " ;
( c ) by omitt ing the word " k e e p e r " ( twice occur r ing) and
substi tuting the words " * k e e p e r / S u p e r i n t e n d e n t " ; and
( d ) by adding at the end thereof the following w o r d s : — " *Strike out whichever is inapplicable ".
22. F o r m 66 in the First Schedule is a m e n d e d —
(a) by omitting the words " Keeper of the Gaol " and sub
stituting the words " * Keeper of the Gao l /Supe r in t enden t
of the R e m a n d Cent re " ; ( b )
by omit t ing the words " t o the g a o l " and substituting the words " to the *gaol / ' remand centre ";
( c )
by omitt ing the words " k e e p e r t he reo f" and substituting
the words " ' "keeper /Super in tendent thereof" ; (d) by omitting the words " keeper of the said gaol " and sub stituting the words " *keeper of the said gao l /Super in
tendent of the said r emand centre " ;(e) by omitting the words " the said gaol " and substituting
the words " the said * g a o l / r e m a n d centre " ; and (f) by adding at the end thereof the following w o r d s : —
" *Strike out whichever is inapplicable ".
23. F o r m 68 in the First Schedule is a m e n d e d —
( a ) by omit t ing the words " K e e p e r of the G a o l " and substi
tuting the words " *Keeper of the G a o l / S u p e r i n t e n d e n t of
the R e m a n d Cen t r e " ;
( b ) by omit t ing the words " to the gaol " and subst i tut ing the
words " to the * g a o l / r e m a n d centre " ; ( c )
by omit t ing the words " k e e p e r t he reo f" and substi tut ing
the words " *keeper /Super in tenden t the reof" ; (d) by omitting the words " keeper of the said gaol " and sub stituting the words " *keeper of the said gao l /Super in ten
dent of the said r emand centre " ;( e ) by omit t ing the words " the said gaol " and substi tut ing the
words " the said * g a o l / r e m a n d centre " ; and (f) by adding at the end thereof the following w o r d s : — " *Strike out whichever is inapplicable".
24. Form 76 in the First Schedule is amended—
(a)
by omitting the word "Gaoler's" and substituting the words " *Gaoler's/Superintendent's ";
(b)
by omitting the words " Keeper of the Gaol" and sub stituting the words " *Keeper of the Gaol/Superintendent of the Remand Centre "; and
(c) by adding at the end thereof the following words:— " *Strike out whichever is inapplicable ".
25. Form 77 in the First Schedule is amended—
(a)
by omitting the words " Keeper of the Gaol" and sub stituting the words " *Keeper of the Gaol/Superintendent of the Remand Centre ";
(b)
by omitting the word "gaol" (twice occurring) and sub stituting the words " *gaol/remand centre "; and
(c) by adding at the end thereof the following words:— " *Strike out whichever is inapplicable ".
26. Form 79 in the First Schedule is amended—
(a)
by omitting the words "Keeper of the Gaol" and substi tuting the words " *Keeper of the Gaol/Superintendent of the Remand Centre "; and
(b) by adding at the end thereof the following words:— " *Strike out whichever is inapplicable".
27. The First Schedule is further amended by adding at the end thereof the following form:—
" FORM 88
Warrant of Commitment to Remand Centre
To all Police Officers in the Australian Capital Territory, and to the keeper of the lock-up of the Remand Centre at
at in the Australian Capital Territory and to the Superintendent
in the Australian Capital Territory.
WHEREAS a warrant has been issued for the commitment of A. B.
of , , under
section of the Court of Petty Sessions Ordinance 1936; And whereas the said A. B. has been taken into custody by virtue of the said warrant; And whereas a warrant under section 5 of the Removal of Prisoners (Australian Capital Territory) Act 1968 is not in force in respect of the said
A. B. : These are therefore to command you, the said police officers, to take the said A. B. and convey him to the said remand centre, and deliver him to the Superintendent thereof, together with this warrant, and to command you, the said keeper of the said lock-up, to deliver him to the said police officer, and to command you, the said Superintendent of the said remand centre, to receive the said A. B. into your custody in the said remand centre, there to detain him until he shall be removed or discharged out of your custody by due course of law.
Given under my hand, at Canberra, in the said Territory, this day
of , 19 .
J. S.,
Magistrate. ".
28. The Third Schedule to the Principal Ordinance is amended—
(a)
by omitting the words " and of the Keeper of the Gaol " and substituting the words ", Keeper of the Gaol and Superin tendent of the Remand Centre";
(b)
by omitting the words " Clerk of the said Court [or by the Keeper of the Gaol] " and substituting the words " *Clerk of the said Court/Keeper of the said Gaol/Superintendent of the said Remand Centre";
(c)
by omitting the words " party convicted " and substituting the words " person * convicted/detained ";
(d) by omitting the word " convicting ";
(e)
by omitting the words " Clerk of the Court of Petty Sessions, or Keeper of the above-named Gaol" and sub stituting the words " * Clerk of Court of Petty Sessions/ Keeper of the above-named Gaol/Superintendent of the above-named Remand Centre "; and
(f) by adding at the end thereof the following words:— " *Strike out whichever is inapplicable ".
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