Courts and Tribunals (Electronic Processes Facilitation) Act 2013 (WA)
Western Australia
Western Australia
The Parliament of Western Australia enacts as follows:
This is the
This Act comes into operation as follows —
(a) Part 1 — on the day on which this Act receives the Royal Assent;
(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
This Act binds the State and, so far as the legislative power of the State permits, the Crown in all its other capacities.
The purpose of this Part is to provide for the use of electronic technology in relation to —
(a) court proceedings and certain other proceedings; and
(b) the record of court proceedings and certain other proceedings.
In this Part —
(1) This Part applies to the following Acts —
(aa) the
Administration Act 1903 ;(a) the
Bail Act 1982 ;(b) the
Children’s Court of Western Australia Act 1988 ;(c) the
Civil Judgments Enforcement Act 2004 ;(ca) the
Coroners Act 1996 ;(d) the
Criminal Appeals Act 2004 ;(e) the
Criminal Injuries Compensation Act 2003 ;(ea) the
Criminal Investigation Act 2006 ;(eb) the
Criminal Investigation (Extra‑territorial Offences) Act 1987 ;(ec) the
Criminal Investigation (Identifying People) Act 2002 ;(f) the
Criminal Law (Mental Impairment) Act 2023 ;(g) the
Criminal Procedure Act 2004 ;(h) the
High Risk Serious Offenders Act 2020 ;(i) the
District Court of Western Australia Act 1969 ;(j) the
Evidence Act 1906 (other than section 19B);(ja) the
Family Court Act 1997 ;(k) the
Fines, Penalties and Infringement Notices Enforcement Act 1994 ;(kaa) the
Industrial Relations Act 1979 ;(ka) the
Juries Act 1957 ;(l) the
Magistrates Court Act 2004 ;(m) the
Prohibited Behaviour Orders Act 2010 ;(n) the
Restraining Orders Act 1997 ;(na) the
Sentence Administration Act 2003 ;(o) the
Sentencing Act 1995 ;(p) the
State Administrative Tribunal Act 2004 ;(q) the
Supreme Court Act 1935 ;(r) the
Young Offenders Act 1994 .
(2) This Part also applies to other written laws in accordance with section 20(1) and (2).
(1) If, under a provision of an Act to which this Part applies, a matter or thing is required to be in writing, that requirement is to be taken to be satisfied if the matter or thing is recorded electronically in accordance with any regulations or rules of court.
(2) If, under a provision of an Act to which this Part applies, a matter or thing is permitted to be in writing, the matter or thing may be recorded electronically in accordance with any regulations or rules of court.
(1) If, under a provision of an Act to which this Part applies, a document lodged with a court or tribunal is required to be in writing, that requirement is to be taken to be satisfied if the document is lodged electronically in accordance with any regulations or rules of court.
(2) If, under a provision of an Act to which this Part applies, a document lodged with a court or tribunal is permitted to be in writing, the document may be lodged electronically in accordance with any regulations or rules of court.
(3) If, under a provision of an Act to which this Part applies, an original or certified document is required to be lodged with a court or tribunal, that requirement is to be taken to be satisfied if a copy of the document is lodged electronically in accordance with any regulations or rules of court.
(4) If, under a provision of an Act to which this Part applies, an original or certified document is permitted to be lodged with a court or tribunal, a copy of the document may be lodged electronically in accordance with any regulations or rules of court.
(1) If, under a provision of an Act to which this Part applies, a document or record is required to be kept or maintained in written form, or a record is required to be made in written form, that requirement is to be taken to be satisfied if the document or record is kept or maintained or, as the case requires, the record is made in electronic form in accordance with any regulations or rules of court.
(2) If, under a provision of an Act to which this Part applies, a document or record is permitted to be kept or maintained in a written form, or a record is permitted to be made in written form, the document or record may be kept or maintained or, as the case requires, the record may be made in electronic form in accordance with any regulations or rules of court.
(1) If, under a provision of an Act to which this Part applies, a document is required to be signed, certified or sealed by any person, that requirement is to be taken to be satisfied if the document is authenticated in accordance with any regulations or rules of court.
(2) If, under a provision of an Act to which this Part applies, a document is permitted to be signed, certified or sealed by any person, the document may be authenticated in accordance with any regulations or rules of court.
(3) Any provision of an Act to which this Part applies that provides that, or to the effect that, a document is evidence, or may be tendered in evidence, without proof of a signature, certificate or seal, or without calling the person who signed, certified or sealed the document, applies with all necessary changes to and in relation to a document that is authenticated in accordance with subsection (1) or (2) as if the reference to a signature, certificate or seal were a reference to authentication.
(4) Any provision of an Act to which this Part applies that provides that, or to the effect that, the signature on any document is presumed to be the signature of the person who issued the document, or that judicial notice is to be taken of a person’s signature, applies with all necessary changes to and in relation to a document that is authenticated in accordance with subsection (1) or (2) as if the reference to a signature were a reference to authentication.
(1) If, under a provision of an Act to which this Part applies, any information, note, statement, certificate, acknowledgment or other document, record or matter is required to be endorsed or recorded on, or attached or annexed to, any document, and that document is in electronic form, that requirement is to be taken to be satisfied if the information, note, statement, certificate, acknowledgment or other document, record or matter is incorporated electronically in, or associated electronically with, the document in accordance with any regulations or rules of court.
(2) If, under a provision of an Act to which this Part applies, any information, note, statement, certificate, acknowledgment or other document, record or matter is permitted to be endorsed or recorded on, or attached or annexed to, any document, and that document is in electronic form, the information, note, statement, certificate, acknowledgment or other document, record or matter may be incorporated electronically in, or associated electronically with, the document in accordance with any regulations or rules of court.
(1) If, under a provision of an Act to which this Part applies, any information, document or record, or a copy of any document or record, is required to be given to, or obtained by, any person in written form, that requirement is to be taken to be satisfied if the information, document, record or copy is given to or, as the case requires, obtained by the person in electronic form in accordance with any regulations or rules of court.
(2) If, under a provision of an Act to which this Part applies, any information, document or record, or a copy of any document or record, is permitted to be given to, or obtained by, any person in written form, the information, document, record or copy may be given to or, as the case requires, obtained by the person in electronic form in accordance with any regulations or rules of court.
(3) An example of the operation of subsection (1) is where a provision requires a copy of a document to be sent to a person, and rules of court provide for that person to be able to access the document on a computer system.
(4) Subsection (1) does not apply in relation to a provision of an Act to which this Part applies to the extent that the provision requires any information, document or record, or a copy of any information, document or record, to be personally served on a person or personally given to a person.
(5) Nothing in this section limits or affects the power of a court or tribunal to order or authorise any information, document or record, or a copy of any document or record, to be given to any person in any particular way.
(1) If, under a provision of an Act to which this Part applies, the original of a document is required to be given to any person, that requirement is to be taken to be satisfied if the document given to the person is a copy of the document produced from an electronic version of the document in accordance with any regulations or rules of court.
(2) If, under a provision of an Act to which this Part applies, the original of a document is permitted to be given to any person, the document given to the person may be a copy of the document produced from an electronic version of the document in accordance with any regulations or rules of court.
(3) An example of the operation of subsection (1) is where a provision requires a police officer to serve a summons on a person, and rules of court provide for an electronic copy of the summons to be sent to a police officer, and for that police officer to print out a copy of the summons and give it to the person required to be served.
(1) In this section —
(2) If, under a provision of an Act to which this Part applies, a person is required to give an address for service, that requirement is to be taken to be satisfied if the person gives an electronic address (for example, an email address) in accordance with any regulations or rules of court.
(3) If, under a provision of an Act to which this Part applies, a person is permitted to give an address for service, the person may give an electronic address (for example, an email address) in accordance with any regulations or rules of court.
If a provision of an Act to which this Part applies authorises or requires the approval of a form or other document —
(a) that provision is to be taken to authorise both the approval of a printed form or document and the approval of a means of completing the form or document electronically in accordance with any regulations or rules of court; and
(b) it is not necessary that the content and layout of the printed form or document and the means of completing the form or document electronically are identical, as long as the form or document, when completed by either means, is to the same effect.
If a provision of an Act to which this Part applies authorises or requires a form or other document to be prescribed —
(a) that provision is to be taken to authorise both the prescribing of a printed form or document and the prescribing of a means of completing the form or document electronically; and
(b) it is not necessary that the content and layout of the printed form or document and the means of completing the form or document electronically are identical, as long as the form or document, when completed by either means, is to the same effect.
(1) This section applies if, under a provision of an Act to which this Part applies, a person who keeps a record of information in electronic form is required —
(a) to produce the information or a document containing the information to a court, tribunal or person; or
(b) to make a document containing the information available for inspection by a court, tribunal or person.
(2) If this section applies then, unless the court, tribunal or person otherwise directs —
(a) the requirement obliges the person to produce or make available for inspection, as the case may be, a document that reproduces the information in a form capable of being understood by the court, tribunal or person; and
(b) the production to the court, tribunal or person of the document in that form complies with the requirement.
18. Status and effect of things done electronically or in electronic form (1) If, in reliance on a provision of this Part, something is done electronically when it would otherwise be required to have been done, or could have been done, using or with respect to a paper document, the doing of that thing electronically has the same effect as if that thing had been done using or with respect to a paper document.
(2) If, in reliance on a provision of this Part, something takes an electronic form when it would otherwise be required to be, or could be, in the form of a paper document, that thing has the same effect as if it were a paper document.
(3) Without limiting subsection (1) or (2) —
(a) a document that is authenticated in accordance with section 10(1) or (2) has the same effect as a document that has been duly signed, certified or sealed; and
(b) a copy of a document that is produced from an electronic version of the document in accordance with section 13(1) or (2) has the same effect as the original.
19. Relationship with other laws relating to electronic processes (1) This Part is in addition to, and not in substitution for —
(a) the
Electronic Transactions Act 2011 ; and(b) a provision of any other written law (including a provision of an Act to which this Part applies) that authorises or permits the use of electronic processes for the purposes of an Act to which this Part applies.
(2) The fact that this Part does not apply to a particular Act does not imply that that Act does not authorise or permit the use of electronic processes for the purposes of that Act.
(3) Nothing in this Part limits the operation of any of the following —
(a) the
Freedom of Information Act 1992 ;(b) the
Interpretation Act 1984 section 76;(c) the
State Records Act 2000 .
20. Power to make regulations and rules of court extended (1) If a provision of an Act to which this Part applies or any other written law empowers the making of any regulations or rules of court for the purposes of an Act to which this Part applies, that power is to be construed (with all necessary changes) as including a general power to make regulations or rules of court for the purposes of this Part.
(2) If a provision of an Act to which this Part applies empowers the making of any regulations or rules of court for the purposes of another Act, and this Part does not apply to the other Act, that power is to be construed (with all necessary changes) as including a general power to make regulations or rules of court for the purposes of this Part as if this Part applied to the other Act.
(3) Without limiting subsection (1) or (2) or any other written law, the power conferred by subsection (1) or (2) includes power to make regulations or rules of court in relation to the use of electronic technology in particular circumstances even though no regulations or rules of court are required with respect to the use of written information, documents or records in the same or similar circumstances.
(4) Without limiting subsection (1) or (2) or any other written law, the power conferred by subsection (1) or (2) to provide that any information, document or record, or a copy of any document or record, is to be or can be given to a person in electronic form includes power to determine when information or a document, record or copy given to a person in that form is to be taken to be, or to be presumed to be, received by, or brought to the attention of, the person.
This Division amends the
In section 3(1) delete the definitions of:
Delete section 3A.
Before section 4A insert:
The
(1) Delete section 13B(1)(b) and insert:
(b) sent to the accused by post to the accused’s address appearing in the records of the court; or
(c) in urgent cases or with the accused’s consent, provided to the accused by electronic means in accordance with the regulations.
(2) In section 13B(2) delete “gives or sends” and insert:
gives, sends or provides
(3) In section 13B(3) delete “subsection (1)(b)(i),” and insert:
subsection (1)(b),
In section 27(1) and (2) delete “sent” and insert:
made available
Note: The heading to amended section 27 is to read:
(1) Delete section 32(1)(c) and insert:
(c) in urgent cases or with the accused’s consent, shall be provided to the accused by electronic means in accordance with the regulations.
(2) In section 32(2) delete “gives or sends” and insert:
gives, sends or provides
Delete section 37(3).
(1) Delete section 43A(4) to (7) and insert:
(4) The relevant official may provide the surety undertaking to the proposed surety for completion by providing it by electronic means in accordance with the regulations.
(5) The proposed surety may enter into the surety undertaking by providing the completed surety undertaking to the relevant official by electronic means in accordance with the regulations.
(6) If the surety undertaking is provided by electronic means under subsection (4) or (5), any requirement for the proposed surety or the relevant official to sign it is to be taken to have been complied with if the full name of the proposed surety or the relevant official, as the case requires, appears in the appropriate place in the undertaking.
(7) The relevant official may comply with section 43(c) by providing a copy of the surety undertaking (as duly completed) to the surety by electronic means in accordance with the regulations.
(2) Delete section 43A(10).
Note: The heading to amended section 43A is to read:
Delete section 45(1)(c) and insert:
(c) by a person authorised under subsection (5) —
(i) sending or causing to be sent the approved form to the surety by post to the surety’s address appearing in the records of the court; or
(ii) in urgent cases or with the surety’s consent, providing or causing to be provided the approved form to the surety by electronic means in accordance with the regulations.
31. Section 67 amended
After section 67(2)(a) insert:
(ba) in any case where the regulations provide that any information, document or record, or a copy of any document or record, is to be or can be provided to a person in electronic form, determine when information or a document, record or copy provided to a person in that form is to be taken to be, or to be presumed to be, received by, or brought to the attention of, the person;
This Division amends the
At the end of Part 1 insert:
The
This Division amends the
After section 5 insert:
The
This Division amends the
This Division amends the
After section 3 insert:
The
This Division amends the
At the end of Part 1 insert:
The
This Division amends the
After section 4 insert:
The
This Division amends the
(1) In section 3(1) insert in alphabetical order:
(2) In section 3(1) in the definition of
charge delete “a written” and insert:
an
At the end of Part 1 insert:
The
Delete section 34(2) and insert:
(2) An amendment made under subsection (1) must be endorsed on the summons or notice.
In section 45(6) after “signs” insert:
or authenticates
Delete section 139(2)(c) and insert:
(c) if the accused is in custody, by issuing an order under the
Prisons Act 1981 section 85.
Delete section 172(3)(b) and insert:
(b) on any party’s behalf in any court —
(i) by a legal practitioner; or
(ii) with the court’s leave, by a person who is undertaking approved practical legal training requirements (as defined in the
Legal Profession Act 2008 section 21(1)); or(iii) with the court’s leave, by a person who is neither a legal practitioner nor a person referred to in subparagraph (ii).
53. Section 173 replaced
Delete section 173 and insert:
A person must not —
(a) sign or authenticate a prosecution notice, indictment, summons, court hearing notice or witness summons, knowing that he or she is not authorised to do so; or
(b) lodge a prosecution notice or an indictment knowing —
(i) that it has been signed by a person who is not authorised to sign it; or
(ii) that it has been authenticated by a person who is not authorised to authenticate it.
Penalty: imprisonment for 12 months or a fine of $12 000.
In section 186(2):
(a) in paragraph (c) delete “conducted.” and insert:
conducted;
(b) after paragraph (c) insert:
(d) prescribe requirements relating to the lodging of documents with a court under this Act or another written law.
This Division amends the
At the end of Part 1 insert:
The
This Division amends the
At the end of Part I insert:
The
This Division amends the
After section 4 insert:
The
In section 12(4) delete “in writing under his hand”.
In section 51 delete “under his hand” and insert:
signed by him or her
In section 54:
(a) after “impression” insert:
or image
(b) after “impressed” insert:
or applied
In section 55:
(a) after “impression” insert:
or image
(b) after “impressed” insert:
or applied
In section 56 delete “seal purports to be attached or appended” and insert:
seal, or an image of the signature or seal, purports to be attached, appended or applied
(1) At the beginning of section 67 insert:
(1) In this section, a reference to a seal, stamp or signature includes an image of a seal, stamp or signature.
(2) In section 67 delete “Whenever” and insert:
(2) Whenever
In section 68(1) delete “under the hand of” and insert:
and signed by
In section 73B(3) delete “by prepaid post”.
After section 73B insert:
(1) In this section —
(2) This section applies to —
(a) a document that is at any time filed in a court and is recorded in electronic form; and
(b) the official record of any proceedings in a court, if the official record is kept in electronic form.
(3) An authenticated copy of a document or official record to which this section applies is admissible in evidence without further proof as if it were the document or official record of which it is an authenticated copy.
(4) If the registrar, clerk or proper officer of a court is served with legal process to produce, in a court or before a person acting judicially, a document or official record to which this section applies, it is sufficient answer to that process if the person to whom it is addressed provides or makes available to the registrar, clerk or proper officer of the court in which the document or official record is to be produced or the person before whom the document or official record is to be produced an authenticated copy of the document or official record.
(1) Delete the heading before section 82.
(2) Delete sections 82 to 88.
In section 109(1) in the definition of
In section 110(1)(c) delete “letter of”.
After section 132 insert:
(1) The Governor may make regulations prescribing all matters that are necessary or convenient to be prescribed for giving effect to the purposes of the
Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 as applied by section 5A.(2) The power of an authority to make rules of court extends to making rules of court prescribing all matters that are necessary or convenient to be prescribed for giving effect to the purposes of the
Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 as applied by section 5A.(3) The
Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 20(3) and (4) apply as if the power conferred by subsections (1) and (2) of this section were a power conferred by section 20(1) or (2) of that Act.(4) This section does not limit or affect any other power in this Act or any other written law to make regulations or rules of court.
This Division amends the
(1) Delete section 5A(1) and insert:
(1) If under this Act information or a document or notice must or may be given to or served on a person, it may, with the consent of that person or in other circumstances specified in the regulations, be given or served by electronic means in accordance with the regulations.
(2) In section 5A(2):
(a) delete paragraph (a) and insert:
(a) any document that under this Act must be served personally, other than any of the following —
(i) an order to attend for work and development under section 47 or 47A;
(ii) a work and development order;
(b) delete paragraphs (b), (c) and (e).
76. Section 5B inserted
At the end of Part 1 insert:
(1) The
Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act.(2) Subsection (1) is subject to section 5A(2).
At the end of Part 2 insert:
(1) In this section —
(a) a fine to which the
Young Offenders Act 1994 section 65(1)(a) applies; or(b) a bail undertaking to which the
Young Offenders Act 1994 section 65(1)(b) applies; or(c) a recognisance to which the
Young Offenders Act 1994 section 65(1)(c) applies;
(2) The Registrar must maintain a record of all relevant amounts to which this section applies, including details of —
(a) the young person by whom the relevant amount is payable; and
(b) the time specified by the court within which the relevant amount is to be paid; and
(c) any order of the court that the relevant amount is to be paid in instalments; and
(d) the payment of the relevant amount or of any instalment of the relevant amount; and
(e) when the young person by whom the relevant amount is payable has defaulted in the payment of the relevant amount or of any instalment of the relevant amount.
(3) As soon as practicable after the record maintained by the Registrar under subsection (2) indicates that, in relation to a relevant amount, a young person has defaulted in the payment of the relevant amount or of any instalment of the relevant amount, the Registrar must notify the default to —
(a) in the case of a fine, the court that imposed the fine; or
(b) in the case of a bail undertaking or a recognisance, the court that ordered the bail undertaking or recognisance to be forfeited.
78. Section 27B amended
In section 27B delete “sections 34 and 35 (other than sections 34(2) and 35(2)),” and insert:
sections 34 and 35,
In section 28(1) delete the definition of
(a) means an order made under section 33(4); and
(b) includes an amended time to pay order;
In the heading to Part 4 Division 2 Subdivision 1 delete “
Delete section 32 and insert:
(1) When a fine is imposed, an offender must either —
(a) pay the fine; or
(b) apply for a time to pay order in respect of the fine.
(2) When a fine is imposed —
(a) the fine is to be taken to be registered; but
(b) the Registrar must not take any action under section 42 or 47A in relation to the fine unless —
(i) a period of 28 days after the day on which the fine was imposed has elapsed; and
(ii) the offender has not, within that period, either paid the fine or applied for a time to pay order in respect of the fine, or the offender’s application for a time to pay order in respect of the fine has been refused.
(3) Subsection (2)(b) does not apply if, at the time the fine is first taken to be registered —
(a) another fine imposed on the offender, or any other amount payable by the offender, is already registered under this Part, and the fine or amount has not been paid and no time to pay order has been obtained in respect of the fine or amount; or
(b) one of the methods of enforcement available under Division 3 (which includes an order to attend for work and development and a WDO) is already being invoked in respect of a fine imposed on, or an amount payable by, the offender; or
(c) the Registrar is already taking action under section 55D(1) in respect of a fine imposed on, or an amount payable by, the offender.
(4) This section is subject to —
(a) the
Sentencing Act 1995 sections 57A, 58 and 59; and(b) section 53(2).
(5) If a fine has been imposed before the date on which the
Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 81 comes into operation (thecommencement date ) —(a) this section applies to and in relation to the fine only if the fine has not been paid before the commencement date; and
(b) subsection (2) does not apply to or in relation to the fine if —
(i) the fine has been registered before the commencement date; and
(ii) that registration has not been cancelled before the commencement date;
and
(c) if a time to pay order is in force in respect of the fine immediately before the commencement date, that time to pay order continues in force under and subject to this Division.
82. Section 33 amended (1) In section 33(1) delete “a court officer” and insert:
the Registrar
(2) Delete section 33(2) and insert:
(2) An application for a time to pay order in respect of a fine cannot be made later than the 28
th day after the day on which the fine was imposed.(3) In section 33(3) delete “court officer” and insert:
Registrar
(4) In section 33(4) delete “court officer,” and insert:
Registrar,
(5) In section 33(5) delete “A court officer” and insert:
The Registrar
(6) In section 33(8) delete “a court officer” and insert:
the Registrar
(1) In section 34(1) delete “court officer” and insert:
Registrar
(2) Delete section 34(2).
(3) In section 34(3) delete “court officer” and insert:
Registrar
(4) In section 34(4) delete “court officer,” and insert:
Registrar,
(5) In section 34(6) delete “a court officer” and insert:
the Registrar
(1) In section 35(1) delete “A court officer” and insert:
The Registrar
(2) In section 35(2) delete “registered or”.
(3) In section 35(4) delete “court officer,” and insert:
Registrar,
(4) In section 35(6):
(a) delete “A court officer” and insert:
The Registrar
(b) delete “court officer” (last occurrence) and insert:
Registrar
Note: The heading to amended section 35 is to read:
In section 35A delete “a court officer” and insert:
the Registrar
Delete sections 36 and 37 and insert:
(1) The Registrar, without notice to the offender, may cancel a time to pay order if the offender —
(a) contravenes the order; or
(b) contravenes a request made under section 35(1).
(2) If the Registrar cancels a time to pay order, the Registrar may take any action in relation to the fine that the Registrar is authorised to take under section 42 or 47A or 55D.
The decision of the Registrar under this Subdivision is final.
An application under this Subdivision to a court officer that has been made but not decided before the
In the heading to Part 4 Division 2 Subdivision 2 delete “
Delete section 41(2) and (6).
Delete section 48A and insert:
(1) This section applies if —
(a) an order to attend for work and development is issued under section 47 or 47A; and
(b) it is not reasonably practicable to serve the order on the offender —
(i) personally; or
(ii) by electronic means under section 5A(1).
(2) If this section applies, the Registrar may cancel the order to attend for work and development and make or again make a licence suspension order in respect of the offender.
(3) For the purposes of subsection (2), section 43(2) to (9) (but not section 43(4)), with any necessary changes, apply.
(4) A licence suspension order —
(a) may be made even if section 42 has not been complied with; but
(b) cannot be made if a time to pay order under section 33 is in force in respect of the person and the amount owed.
90. Section 53A amended
Delete section 53A(2) and insert:
(2) For the purposes of subsection (1), section 43(2) to (9) (but not section 43(4)), with any necessary changes, apply.
(3) A licence suspension order —
(a) may be made even if section 42 has not been complied with; but
(b) cannot be made if a time to pay order under section 33 is in force in respect of the person and the amount owed.
91. Section 55B amended
In section 55B delete “sections 34 and 35 (other than sections 34(2) and 35(2)),” and insert:
sections 34 and 35,
In section 56B(d) delete “section 55A” and insert:
section 33 or 55A
Before section 56(c) insert:
(ca) any amount of a recognisance entered into by an offender under the
Young Offenders Act 1994 section 69, in any case where any amount of the recognisance is ordered to be forfeited and —(i) section 64 of that Act applies to the payment and enforcement of the amount concerned; or
(ii) under section 65(3)(a) of that Act, the court must register the amount forfeited under this Act;
or
At the end of Part 5 insert:
(1) Subsection (2) applies to the following orders —
(a) an order to which section 56(a) applies, other than an order to which the
Young Offenders Act 1994 section 65(1)(b) applies;(b) an order to which section 56(ca)(i) or (c), 57 or 58 applies.
(2) When an order to which this subsection applies is made, the amount that is ordered to be forfeited under the order is to be taken to be registered under Part 4 as if the amount were a fine.
(3) If, under the
Young Offenders Act 1994 section 65(3)(a), the court must register the amount of a forfeited bail undertaking or forfeited recognisance under this Act, the amount that is forfeited is to be taken to be registered under Part 4 as if the amount were a fine.(4) This section does not limit the operation of Part 4 as applied by section 56, 57 or 58.
(5) This section does not apply to or in relation to an order to which section 56, 57 or 58 applies if the order was made before the
Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 94 came into operation.
This Division amends the
At the end of Part 1 insert:
The
This Division amends the
In section 12(1) delete “in writing”.
In section 14(2) delete “order in writing,” and insert:
order,
In section 30(2) delete “warrant under his hand —” and insert:
warrant —
This Division amends the
In section 85(1) delete “written”.
This Division amends the
At the end of Part 1 insert:
The
This Division amends the
At the end of Part 1 insert:
The
In section 50D(2)(a) delete “care and protection within the meaning of the
protection as defined in the
After section 61A(7) insert:
(8) In subsection (7) —
(a) given orally and subsequently transcribed; or
(b) given orally but also recorded electronically in a format that enables them to be subsequently transcribed.
(1) In section 67(2) delete “is to make a written record of the” and insert:
must give written
(2) After section 67(2) insert:
(3A) In subsection (2) —
(a) given orally and subsequently transcribed; or
(b) given orally but also recorded electronically in a format that enables them to be subsequently transcribed.
This Division amends the
After section 3 insert:
The
Delete section 33A(7) and insert:
(7) In subsection (6) —
(a) given orally and subsequently transcribed; or
(b) given orally but also recorded electronically in a format that enables them to be subsequently transcribed.
(1) Delete section 35(2).
(2) Delete section 35(4) and insert:
(4) In subsection (1) —
(a) given orally and subsequently transcribed; or
(b) given orally but also recorded electronically in a format that enables them to be subsequently transcribed.
(1) In section 80(4) delete “state its” and insert:
give written
(2) After section 80(4) insert:
(5A) In subsection (4) —
(a) given orally and subsequently transcribed; or
(b) given orally but also recorded electronically in a format that enables them to be subsequently transcribed.
(1) In section 84F(4) delete “state its” and insert:
give written
(2) After section 84F(4) insert:
(5A) In subsection (4) —
(a) given orally and subsequently transcribed; or
(b) given orally but also recorded electronically in a format that enables them to be subsequently transcribed.
After section 84K(6) insert:
(7) A certificate by a court under subsection (6) is, in the absence of evidence to the contrary, evidence of its contents.
Delete section 120A(2) and insert:
(2) On receiving a request under subsection (1), and if satisfied that the restitution order is in force, the Sheriff may —
(a) seize the property and deliver it to the victim; and
(b) for the purposes of seizing the property, enter any place where the Sheriff reasonably believes the property may be.
Division 19 – State Administrative Tribunal Act 2004 amended
This Division amends the
At the end of Part 1 insert:
The
This Division amends the
At the end of Part I insert:
The
This Division amends the
At the end of Part 1 insert:
The
(1) In section 64 delete “If a young person” and insert:
(1) If a young person
(2) At the end of section 64 insert:
(2) Without limiting subsection (1) —
(a) the
Fines, Penalties and Infringement Notices Enforcement Act 1994 section 32(2) applies to and in relation to a fine to which subsection (1)(a) applies; and(b) section 59A(2) of that Act applies to and in relation to —
(i) a forfeited bail undertaking to which subsection (1)(b) applies; and
(ii) a forfeited recognisance to which subsection (1)(c) applies.
141. Section 65 amended
(1) After section 65(2) insert:
(3A) The
Fines, Penalties and Infringement Notices Enforcement Act 1994 section 10B applies to fines, forfeited bail undertakings and forfeited recognisances to which subsection (1) applies.(2) After section 65(3) insert:
(4A) If, under subsection (3)(a), the court must register a fine or the amount of a forfeited undertaking or forfeited recognisance under the
Fines, Penalties and Infringement Notices Enforcement Act 1994 , then —(a) in the case of a fine, section 32(2) of that Act applies to and in relation to the fine; and
(b) in the case of a forfeited undertaking or forfeited recognisance, section 59A(3) of that Act applies to and in relation to the amount forfeited.
142. Section 120 amended (1) In section 120(2) delete “record in writing the” and insert:
give written
(2) After section 120(2) insert:
(3) In subsection (2) —
(a) given orally and subsequently transcribed; or
(b) given orally but also recorded electronically in a format that enables them to be subsequently transcribed.
This is a compilation of the
20 of 2013 | 4 Nov 2013 | Pt. 1: 4 Nov 2013 (see s. 2(a)); Act other than Pt. 1 and s. 22, 23, 25, 27‑30, 37‑39, 95, 106, 108, 110‑112, 114‑‑117, 119, 121, 124, 127, 138 and 139: 25 Nov 2013 (see s. 2(b) and | |
25 of 2020 | 19 Jun 2020 | 29 Sep 2020 (see s. 2(1)(c) and SL 2020/159 cl. 2(a)) | |
29 of 2020 | 9 Jul 2020 | 26 Aug 2020 (see s. 2(1)(c) and SL 2020/131 cl. 2) | |
34 of 2020 | 11 Sep 2020 | 12 Sep 2020 (see s. 2(b)) | |
30 of 2021 | 22 Dec 2021 | 20 Jun 2022 (see s. 2(1)(b) and SL 2022/79 cl. 2) | |
10 of 2023 | 13 Apr 2023 | 1 Sep 2024 (see s. 2(b) and SL 2024/175 cl. 2) |
To view the text of the uncommenced provisions see
20 of 2013 | 4 Nov 2013 | To be proclaimed (see s. 2(b)) |
address for service.................................................................................................... 14(1)
electronic........................................................................................................................... 5
give..................................................................................................................................... 5
lodge................................................................................................................................... 5
person................................................................................................................................. 5
seal...................................................................................................................................... 5
writing................................................................................................................................ 5
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