Criminal Procedure Act 1921 (SA)

South Australia

Criminal Procedure Act 1921

An Act to make provision for the procedures of courts in criminal proceedings and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1Introductory1Short title

This Act may be cited as the Criminal Procedure Act 1921.

4Interpretation

(1)
In this Act, unless inconsistent with the context—
answer charge hearing—see section 109;
case statement means a defence case statement or a prosecution case statement;
the Chief Magistrate means the person for the time being holding, or acting in, the office of the Chief Magistrate under the Magistrates Act 1983;
cognitive impairment includes—
(a)
a developmental disability (including, for example, an intellectual disability, Down syndrome, cerebral palsy or an autistic spectrum disorder);
(b)
an acquired disability as a result of illness or injury (including, for example, dementia, a traumatic brain injury or a neurological disorder);
(c)
a mental illness;
defence case statement—see section 123;
defendant means person charged with any offence or against whom relief is sought or granted;
foreign restraining order means an order made under a law of another State or a Territory of the Commonwealth or New Zealand declared by regulation to be a law corresponding to Division 7 of Part 4;
investigating officer means—
(a)
an officer of the police force; or
(b)
a person authorised under an Act to investigate offences;
major indictable offence means any indictable offence except a minor indictable offence;
minor indictable offence—see section 5;
offence of violence means an offence where the offender—
(a)
uses a weapon, or threatens to use a weapon, against another; or
(b)
inflicts serious harm on another, or threatens to inflict serious harm on another,
for the purpose of committing the offence, or escaping from the scene of the offence;
personal service—see subsection (3)(a);
the Principal Registrar means the Principal Registrar of the Magistrates Court;
prosecution case statement—see section 123;
Registrar means the Principal Registrar or any other Registrar of the Magistrates Court;
restraining order means an order made under Division 7 of Part 4;
rules means the rules of the Magistrates Court;
sensitive material—see section 67H of the Evidence Act 1929;
sensitive material notice—see section 67I of the Evidence Act 1929;
sentencing law means the Criminal Law (Sentencing) Act 1988 or an Act enacted in substitution for that Act;
sexual offence means an offence under the Criminal Law Consolidation Act 1935 of the following kind:
(a)
rape; or
(ab)
compelled sexual manipulation; or
(b)
indecent assault; or
(ba)
persistent sexual exploitation of a child or persistent sexual abuse of a child; or
(c)
any offence involving unlawful sexual intercourse or an act of gross indecency; or
(ca)
an offence of sexual exploitation of a person with a cognitive impairment under section 51 of the Criminal Law Consolidation Act 1935; or
(d)
incest; or
(e)
any attempt to commit or assault with intent to commit, any of the foregoing offences;
Special Act means statute, rule, regulation, or by-law authorising the making of the conviction or order, or the determination or adjudication in question, or otherwise specially applicable to the case;
summary offence—see section 5;
telephone includes any telecommunication device.
(2)
A reference in the provisions of this Act other than Part 7 to a solicitor shall be deemed to include a reference to a law clerk articled to the solicitor and appearing on the solicitor's instructions.
(3)
Subject to the rules, for the purposes of this Act, unless the contrary intention appears—
(a)
a reference to a summons, notice or other document, or documentary material, being served personally includes service by means described in section 27(1)(a) and (b); and
(b)
a reference to a summons, notice or other document, or documentary material, being served by post includes service by means described in section 27(1)(c), (d) and (e).

5Classification of offences

(1)
Offences are divided into the following classes:
(a)
summary offences;
(b)
indictable offences—comprising minor indictable offences and major indictable offences.
(2)
A summary offence is—
(a)
an offence that is not punishable by imprisonment;
(b)
an offence for which a maximum penalty of, or including, imprisonment for two years or less is prescribed;
(ba)
an offence against Part 4 of the Criminal Law Consolidation Act 1935 involving $2 500 or less not being—
(i)
an offence of arson or causing a bushfire; or
Note—
See sections 85 and 85B of the Criminal Law Consolidation Act 1935.
(ii)
an offence of violence; or
(iii)
an offence that is 1 of a series of offences of the same or a similar character involving more than $2 500 in aggregate;
(c)
an offence against Part 5 of the Criminal Law Consolidation Act 1935 involving $2 500 or less not being—
(ai)
an offence against Division 3 of that Part (robbery); or
(i)
an offence of violence; or
(ii)
an offence that is one of a series of offences of the same or a similar character involving more than $2 500 in aggregate,
but an offence for which a maximum fine exceeding twice a Division 1 fine is prescribed is not a summary offence.
(3)
All offences apart from summary offences are indictable and of these—
(a)
the following are minor indictable offences:
(i)
those not punishable by imprisonment but for which a maximum fine exceeding twice a Division 1 fine is prescribed;
(ii)
those for which the maximum term of imprisonment does not exceed 5 years;
(iii)
those for which the maximum term of imprisonment exceeds 5 years and which fall into one of the following categories:
(A)
an offence involving interference with, damage to or destruction of property where the loss resulting from commission of the offence does not exceed $30 000;
(AB)
an offence involving a threat to interfere with, damage or destroy another person's property where, if the threat had been carried out, the loss would not have exceeded $30 000;
(B)
an offence against section 24(2) of the Criminal Law Consolidation Act 1935 (recklessly causing harm to another);
(C)
an offence against section 56 of the Criminal Law Consolidation Act 1935 (indecent assault) (not being an offence committed against a child under the age of 14 years);
(D)
an offence involving $30 000 or less against Part 5 of the Criminal Law Consolidation Act 1935, other than an offence against Division 3 (robbery) or an offence of violence;
(E)
an offence against section 169(1) or 170(1) of the Criminal Law Consolidation Act 1935 (serious criminal trespass etc) where the offence is a basic offence within the meaning of that Act and the intended offence is an offence of dishonesty (not being an offence of violence) involving $30 000 or less or an offence of interference with, damage to or destruction of property involving $30 000 or less; and
(b)
all other indictable offences are major indictable offences.
(3a)
For the purposes of the above classifications, an offence against section 85 or Part 5 of the Criminal Law Consolidation Act 1935 includes—
(a)
an offence of attempting to commit such an offence; or
(b)
an offence of aiding, abetting, counselling or procuring such an offence; or
(c)
an offence of conspiring to commit such an offence; or
(d)
an offence of being an accessory after the fact to such an offence.
(4)
For the purposes of the above classifications, an offence will be taken to involve a particular sum of money if that sum represents—
(a)
the amount or value of the benefit that the offender would have gained through commission of the offence; or
(b)
the amount of the loss that would have resulted from commission of the offence,
assuming that the offence had been successfully completed and the offender had escaped detection.
(5)
If a law prescribes differential maximum penalties, then for the purposes of classifying the offence in accordance with the above rules, it will be taken to create separate offences which are (where necessary) to be separately classified in accordance with the above rules.
(6)
Where an offence may be either a summary offence or an indictable offence according to the circumstances surrounding its commission, or the antecedents of the defendant, and the offence is designated as a summary offence in the information charging the offence, then, subject to subsection (8), the circumstances and the defendant's antecedents will be conclusively presumed to be such as to make the offence a summary offence.
(7)
Where an offence may be either a minor indictable offence or a major indictable offence according to the circumstances surrounding its commission, or the antecedents of the defendant, and the offence is classified as a minor indictable offence in the information charging the offence, then, subject to subsection (8), the circumstances and the defendant's antecedents will be conclusively presumed to be such as to make the offence a minor indictable offence.
(8)
A defendant may, in accordance with the rules, challenge the classification of an offence in the information charging the offence and for the purposes of such a challenge the above presumptions do not apply.
(9)
Where a summary offence is erroneously dealt with as an indictable offence or a minor indictable offence is erroneously dealt with as a major indictable offence, the proceedings are not invalid but any penalties imposed should conform with what would be appropriate if the offence had been correctly classified at the inception of the proceedings.
(10)
If the Act under which an offence is created classifies an offence in a manner inconsistent with this section, that classification prevails.

6Powers of Supreme Court may be exercised by a Judge in Chambers

The authority and jurisdiction by this Act vested in the Supreme Court may, subject to any rules or orders of such Court in relation thereto, be exercised by a Judge of such Court sitting in court or in chambers.

7Abolition of rule as to disputed title

A court is not prevented from trying an offence by reason of the fact that the trial involves a dispute as to the title to property.

Part 3General procedure20Form of warrant

(1)
Every warrant for the apprehension of a defendant shall—
(a)
state shortly the matter of the information upon which it is founded; and
(b)
name or otherwise describe the defendant; and
(c)
order the person or persons to whom it is directed to apprehend the defendant and bring him before the Magistrates Court to answer the charge contained in the information, and to be further dealt with according to law.
(2)
The warrant may be directed specially to any constable or other person by name, or generally to all constables and peace officers of the State, or both specially and generally as aforesaid; and where the warrant is directed generally it shall be lawful for any constable or other peace officer to execute such warrant in like manner as if the same had been specially directed to him by name.
(3)
It shall not be necessary to make the warrant returnable at any particular time, but the same shall remain in force until it is executed.
(4)
Every warrant may be executed by apprehending the defendant at any place within the State.

22Rules in respect of summonses

(1)
The Magistrates Court may make rules to provide for summonses for the appearance of persons before the Court, including to provide for the manner in which, and by whom, the summons is to be issued, given, sent to, or served, on the person.
(2)
Without limiting the generality of subsection (1), a summons for the appearance of a person—
(a)
must be in a form prescribed by the rules; and
(b)
must be directed to the person; and
(c)
must state in brief the matter or matters in relation to which the person is charged or is to be charged; and
(d)
must require the person to appear before the Magistrates Court at a specified time and place to answer to the charge and to be dealt with according to law; and
(e)
may include any other information that is, in the opinion of the Court, necessary or expedient for the purposes of this Act or any other Act or law.

22ADescription of offence

(1)
Every information, summons, warrant, or other document under this Act in which it is necessary to state the matter charged against any person shall be sufficient if it contains a statement of the specific offence with which the accused person is charged, together with such particulars as are necessary for giving reasonable information as to the nature of the charge.
(2)
The statement of the offence shall describe the offence shortly in ordinary language, avoiding as far as possible the use of technical terms, and without necessarily stating all the essential elements of the offence, and, if the offence charged is one created by statute, shall contain a reference to the section of the statute creating the offence.
(3)
After the statement of the offence, necessary particulars of the offence shall be set out in ordinary language, in which the use of technical terms shall not be required.

27Service

(1)
Subject to this Act or any other Act, and the regulations or the rules, a summons, notice or other document required or authorised to be issued, given or sent to, or served on, a person under this Act may—
(a)
be given personally to the person; or
(b)
be left for the person at the person's last known residential, business or (in the case of a body corporate) registered address with someone apparently over the age of 16 years; or
(c)
be posted in an envelope addressed to the person at the person's last known residential, business or (in the case of a body corporate) registered address (in which case the summons, notice or other document will be taken to have been served at the time when it would, in the ordinary course of post, have reached the address to which it was posted); or
(d)
for the purpose of particular proceedings—be transmitted by fax or email to a fax number or email address provided by the person or a legal practitioner representing the person (in which case the summons, notice or other document will be taken to have been given or served at the time of transmission); or
(e)
for the purpose of particular proceedings—be made available to the person by some other electronic means, including (for example)—
(i)
by transmission to an Internet address provided by the person or a legal practitioner representing the person (in which case the summons, notice or other document will be taken to have been given or served at the time of transmission); or
(ii)
by means of providing (by means of an email transmitted to an email address provided by the person or a legal practitioner representing the person) a link to an Internet address from which the person or legal practitioner may access or download the summons, notice or other document (in which case the summons, notice or other document will be taken to have been given or served at the time of transmission of the email); or
(iii)
by means of a data storage device from which the summons, notice or other document can be accessed or downloaded—
(A)
being given personally to the person or a legal practitioner representing the person (in which case the summons, notice or other document will be taken to have been given or served at the time the data storage device is given to the person or legal practitioner, as the case may be); or
(B)
being left for the person or a legal practitioner representing the person—
•
at the person's last known residential, business or (in the case of a body corporate) registered address with someone apparently over the age of 16 years; or
•
at the last known business address of the legal practitioner representing the person with someone apparently over the age of 16 years,
(in which case the summons, notice or other document will be taken to have been given or served at the time the data storage device is so left); or
(C)
being sent by registered post in an envelope—
•
addressed to the person at the person's last known residential, business or (in the case of a body corporate) registered address; or
•
addressed to a legal practitioner representing the person at the legal practitioner's business address,
(in which case the summons, notice or other document will be taken to have been given or served at the time when proof of receipt is given on delivery of the envelope to the address to which it was posted).
(2)
A summons, notice or other document required or authorised to be given or sent to, or served on, a person under this Act may only be given or sent to, or served on, the person by means referred to in subsection (1)(d) or (e) if, before so doing, it has been ascertained that the person or legal practitioner will be readily able to access or download and (if required) print, the summons, notice or other document.
(3)
Without limiting the generality of paragraph (e) of subsection (1), the regulations or the rules may prescribe electronic means of service other than those referred to in that paragraph for the purposes of this Act.
(4)
Without limiting the effect of the preceding subsections, a summons, notice or other document required or authorised to be given or sent to, or served on, a person by this Act may, if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served on the person in accordance with that Act.
(5)
If a summons, notice or other document is given or sent to, or served, otherwise than by being given personally to the person to whom it is to be given or sent, or on whom it is to be served, the Magistrates Court may require the summons, notice or other document to again be given or sent to, or re‑served on, the person if there is reasonable cause to believe that the summons, notice or other document has not come to the notice of the person.

27BHearing on a written plea of guilty

If—
(a)
an information and summons in the form required by the rules under section 57A is served on the defendant named in the summons in accordance with the rules; and
(b)
the defendant fails to appear in obedience to the summons but pleads guilty in writing to the offence to which that summons relates,
the Magistrates Court may proceed to deal with the matter in the manner provided by sections 62Band62C.

27CHearing if defendant fails to appear

(1)
Subject to this section, if a summons is served in accordance with section 27 on the defendant named in the summons and—
(a)
either the defendant fails to appear in obedience to the summons; or
(b)
the defendant fails to plead guilty in the manner provided for under section 57A to the offence to which the summons relates,
the Magistrates Court may—
(c)
proceed in the absence of the defendant to the hearing of the information to which the summons relates (and, despite section 62C, adjudicate the matter as if the defendant had personally appeared in obedience to the summons); or
(d)
order that the information be heard in the absence of the defendant and adjourn the hearing (and, on the adjourned hearing, proceed in the manner provided for in paragraph (c)).
(2)
If a hearing is adjourned under subsection (1)(d), it is not necessary for the Magistrates Court to be constituted of the same judicial officer at the adjourned hearing.
(3)
On conviction after a hearing under subsection (1), the Magistrates Court must not—
(a)
impose any penalty other than a fine; or
(b)
disqualify the defendant from holding or obtaining a licence to drive a motor vehicle; or
(c)
treat the offence as other than a first offence unless the informant proves that the defendant has previously been convicted of such an offence; or
(d)
make an order for payment of compensation of an amount that exceeds an amount specified in the information,
unless—
(e)
the summons was given personally to the defendant; or
(f)
—
(i)
the Court has first adjourned the hearing of the information to a specified time and place; and
(ii)
the defendant is personally served, not less than 14 days before the time to which the hearing has been adjourned, with a notice informing the defendant of—
(A)
the conviction; and
(B)
the time and place to which the hearing has been adjourned; and
(C)
the provisions of section 76A; and
(iii)
the defendant does not, within 14 days after the date of service of the notice on the defendant, apply in accordance with section 76A, for an order setting aside the conviction.

(4)
If a defendant, not being a defendant who has been personally served with a notice under subsection (3)(f), is convicted after a hearing under subsection (1), the Registrar must, within 7 days of that conviction, serve on the defendant a notice setting out the particulars of the conviction, the penalty imposed and section 76A.
(5)
If a defendant who has been personally served with a notice under subsection (3)(f) is convicted after a hearing under subsection (1), the Registrar must, within 7 days after the imposition of a penalty in respect of that conviction, serve on the defendant a notice setting out the particulars of that conviction and the penalty imposed.

28Proof by affidavit of service etc

(1)
In any proceeding, without prejudice to any other mode of proof—
(a)
the service on any person of any summons, notice, process, or document required or authorised to be served; or
(b)
the handwriting of any officer or person on any warrant, summons, notice, process, or document; or
(c)
the payment or tender, to any person summoned to attend as a witness, of any sum in respect of the costs or expenses of such attendance,
may be proved by an affidavit taken before a justice or before a commissioner for taking affidavits in the Supreme Court: Provided that the Magistrates Court may require the person making such affidavit to be called as a witness, or require further evidence of the facts.
(2)
Service may also be proved by tender of a certificate of service signed by the person who effected service.
(3)
A document appearing to be an affidavit or certificate under this section may be accepted, without further evidence, as proof of the matters stated in it.
(4)
A person who gives a false certificate under this section is guilty of an offence.
Maximum penalty: Imprisonment for two years.

29Assistance of counsel

A party to proceedings to which this Act applies may be represented by counsel.

Part 4Summary jurisdictionDivision 2Information and subsequent proceedings49Information

(1)
Where a person is suspected of having committed a summary offence, an information may be laid in the Magistrates Court in accordance with the rules charging that person with the offence.
(2)
An information may be laid by the informant personally or by a legal practitioner or other person duly authorised to lay the information on the informant's behalf.
(3)
If the information is laid orally, it must be reduced to writing.
(4)
An information charging a person with summary offences only need not be laid on oath unless—
(a)
some Special Act requires the information to be laid on oath; or
(b)
a warrant for the arrest of the defendant is to be issued.
(5)
An information must be filed in the Magistrates Court as soon as practicable after it is laid.

51Joinder and separation of charges

(1)
A person may be charged with any number of summary offences in the same information (either cumulatively or in the alternative) if the charges arise from the same set of circumstances or from a series of circumstances of the same or a similar character.
(2)
The Magistrates Court may direct that—
(a)
charges contained in a single information be dealt with in separate proceedings; or
(b)
charges contained in separate informations be dealt with together in the same proceedings.

52Limitation on time in which proceedings may be commenced

(1)
Subject to any provision of an Act to the contrary, if a person is to be prosecuted for a summary offence, the proceedings must be commenced within the following time limits:
1. (a)
  in the case of an expiable offence—
  1. (i)
    if an expiation notice was given to the person—the proceedings must be commenced within 6 months of the expiry of the expiation period specified in the notice;
  2. (ii)
    if an expiation notice was not given to the person—the proceedings must be commenced within 6 months of the date on which the offence is alleged to have been committed;
2. (b)
  in the case of an offence that is not expiable—the proceedings must be commenced within 2 years of the date on which the offence is alleged to have been committed.
(2)
For the purposes of subsection (1), an expiation notice is to be taken into account despite its subsequent withdrawal except if the notice of withdrawal specifies that it is withdrawn because—
1. (a)
  the issuing authority has received a nomination, statutory declaration or other document sent to the authority by the alleged offender in accordance with a notice required by law to accompany the expiation notice or expiation reminder notice; or
2. (b)
  it has become apparent that the alleged offender did not receive the notice until after the expiation period, or has never received it, as a result of error on the part of the authority or failure of the postal system or failure in the transmission of an email,

(in which case the withdrawn expiation notice is to be disregarded).

54Allegations and descriptions in informations and proceedings

(1)
Whenever in any information, or the proceedings thereon, it is necessary to state the ownership of any property belonging to, or in the possession of, partners, joint tenants, parceners, or tenants in common, it shall be sufficient to name one of such persons, and to state the property to belong to the person so named and another or others (as the case may be).
(2)
Whenever in any information or the proceedings thereon it is necessary to mention for any purpose whatsoever any partners, joint tenants, parceners, or tenants in common, it shall be sufficient to describe them in the same manner.
(3)
Whenever in any information or the proceedings thereon it is necessary to describe the ownership of any work or building made, maintained, or repaired at the expense of any public board of commissioners or trustees, or of any materials for the making, altering, or repairing of the same, it shall be sufficient to describe the same as the property of such commissioners or trustees without naming them.

56Exceptions or exemptions need not be specified or disproved by informant

(1)
No exception, exemption, proviso, excuse, or qualification (whether it does or does not accompany in the same section the description of the offence in the Special Act or other document creating the offence) need be specified or negatived in the information.
(2)
Any such exception, exemption, proviso, excuse, or qualification as aforesaid may be proved by the defendant, but, whether it is or is not specified or negatived in the information, no proof in relation to it shall be required on the part of the informant.

57Issue of summons by Magistrates Court

(1)
When an information has been laid and filed in the Magistrates Court, the Magistrates Court must, subject to subsection (2), issue a summons for the appearance of the defendant.
(2)
No summons need be issued by the Magistrates Court—
(aa)
where the summons for the appearance of the defendant has already been issued prior to the information being laid and filed in the Magistrates Court; or
(a)
where the relevant law under which the information is laid provides for the matter to be dealt with in the absence of the defendant; or
(b)
where the defendant is already before the Magistrates Court; or
(c)
where a warrant is issued to have the defendant arrested and brought before the Magistrates Court.
(3)
If when an information is filed in the Magistrates Court the whereabouts of the defendant is unknown, the Magistrates Court may defer issuing a summons until informed of a place at which service might be effected.

57ARules may make provision for written guilty pleas

(1)
The Magistrates Court may make rules to provide for a person against whom an information has been laid for an offence that is not punishable by imprisonment (either for a first or subsequent offence) to elect to plead guilty to the offence without appearing in the Court in obedience to a summons.
(2)
Without limiting the generality of subsection (1), the rules may make provision for any of the following matters:
1. (a)
  the forms of information and summons;
2. (b)
  the manner in which an information or summons is to be given or sent to, or served on, a person;
3. (c)
  the manner in which a plea of guilty may be made and given to the Magistrates Court;
4. (d)
  any other matter that is, in the opinion of the Court, necessary or expedient for the purposes of this section.
(3)
A defendant who returns a form in which the defendant pleads guilty in accordance with the rules need not attend the Magistrates Court as directed by the summons.
(4)
If a defendant who has been served with forms of information and summons in accordance with the rules fails to return a form pleading guilty in accordance with the rules, and fails to appear in obedience to the summons, the Magistrates Court may, subject to section 62B, proceed to exercise its powers under section 62(1)(a) or (b).
(5)
This section does not apply in relation to a defendant who is a child within the meaning of the Young Offenders Act 1993 except where the defendant—
1. (a)
  is of or above the age of 16 years; and
2. (b)
  is charged with an offence under the Road Traffic Act 1961.

58Issue of warrant

The Magistrates Court may issue a warrant to have the defendant arrested and brought before the Magistrates Court if—
(a)
the allegations in the information are substantiated on oath; or
(b)
the defendant fails to appear in obedience to a summons and the Magistrates Court is satisfied that the summons was served a reasonable time before the time appointed for the hearing.

59Defendant to be brought before Magistrates Court

(1)
A defendant who has been arrested under a warrant must be brought before the Magistrates Court.
(2)
If it is not practicable to deal immediately with the matter for which the defendant has been brought before the Magistrates Court, the Magistrates Court may remand the defendant in custody, or on bail, to appear before the Magistrates Court at a time and place fixed in the order for remand.

60Forms of custody etc

(1)
When a defendant is apprehended under a warrant or is remanded upon any adjournment of the hearing, the Magistrates Court may commit the defendant—
(a)
by warrant to the nearest prison or to some place of security; or
(b)
verbally to the custody of the constable or other person who has apprehended him; or
(c)
verbally to such other safe custody as the Magistrates Court deems fit,
and the Magistrates Court must order the defendant to be brought before the Magistrates Court at some stated time and place, of which order the informant shall have due notice.
(2)
In any such case, the Magistrates Court may, instead of committing the defendant to prison or some other form of custody, release him on bail.

Division 3Hearing of summary offence

61Sittings to be in open court but witnesses and other persons may be ordered to leave the Court

(1)
The room in which any court sits shall be deemed an open and public court, to which the public generally may have access so far as the same can conveniently contain them, and subject to the provisions hereinafter contained.
(2)
The court may, if it thinks fit, order that all witnesses (except the parties and any of their witnesses whom it sees fit to except) shall go and remain outside and beyond the hearing of the court until required to give evidence.
(3)
Nothing herein contained shall restrict the power of the court under Part 8 of the Evidence Act 1929 or require any case to be heard in open court if it is, by any Special Act, required or authorised to be heard in camera.

62Proceedings on non-appearance of defendant

(1)
If the defendant fails to appear in obedience to the summons the Magistrates Court may—
(a)
issue a warrant as provided by section 58, and adjourn the hearing until the defendant is apprehended; or
(b)
upon proof that the summons was served a reasonable time before the time thereby appointed for his appearance, proceed in the absence of the defendant to the hearing of the information and subject to section 62C to adjudicate thereon as fully and effectually, to all intents and purposes, as if the defendant had personally appeared before it in obedience to the summons; or
(ba)
upon proof that the summons was served a reasonable time before the time thereby appointed for the defendant's appearance, order that the information may be heard in the absence of the defendant and adjourn the hearing; or
(c)
if the defendant has pleaded guilty in writing pursuant to section 57A proceed in the manner provided by sections 62B and 62C.
(2)
At a hearing adjourned pursuant to paragraph (ba) of subsection (1) of this section, the Magistrates Court may proceed in the absence of the defendant to the hearing of the information and subject to section 62C of this Act adjudicate thereon as fully and effectually, to all intents and purposes, as if the defendant had personally appeared before it in obedience to the summons.
(3)
Where a hearing is adjourned under subsection (1), the Magistrates Court need not be constituted at the adjourned hearing of the same judicial officer as ordered the adjournment.

62APower to proceed in absence of defendant

(1)
If a person who has been apprehended (whether under a warrant or without a warrant), and released on bail fails to appear at the time and place appointed for the hearing of an information laid or to be laid against him, the Magistrates Court may in its discretion hear the information in the absence of the defendant, and may adjudicate thereon as fully and effectually, to all intents and purposes, as if the defendant had appeared at that time and place.
(2)
This section shall apply whether the defendant is discharged pursuant to powers granted by this or any other Act.

62BPowers of Magistrates Court on written plea of guilty

(1)
This section sets out the powers of the Magistrates Court that apply when a defendant fails to appear in obedience to a summons but has given the Court, in the manner and form prescribed by the rules made under section 57A, a form pleading guilty.
(2)
The Magistrates Court may not issue a warrant for the arrest of the defendant on the ground of non‑appearance but may—
1. (a)
  on proof of service of the information and summons; and
2. (b)
  on production of the form duly completed,

convict and, subject to this section, adjudicate the matter as fully and effectually to all intents and purposes as if the defendant—
(c)
had personally appeared before the Court in obedience to the summons; and
(d)
had pleaded guilty and made the same submissions as to penalty as are set out in the form.

(3)
The Magistrates Court may receive and act on receipt of a form that has been completed and sent to the Court.
(4)
The prosecution may recite to the Magistrates Court any relevant matters alleged against the defendant in the same way as if the defendant had personally appeared and pleaded guilty.
(5)
Nothing in this section prejudices an application by a defendant to withdraw a plea of guilty at any time prior to the hearing and determination of the information laid against the defendant, and the Magistrates Court before whom the defendant appears to answer the information may permit a withdrawal of the plea on such terms as may be just.
(6)
If a defendant includes in a form pleading guilty matters that would, if true, indicate the defendant has a valid defence to the information, or which differ substantially in relevant particulars from the matters recited to the Magistrates Court by the prosecution, the Court may—
1. (a)
  strike out the plea of guilty; and
2. (b)
  adjourn the hearing of the information to a specified time and place; and
3. (c)
  order that the defendant be served with a summons under section 57,

after which the defendant must be dealt with as though the previous summons had not been issued, and the provisions of this section and section 57A no longer apply.

(7)
If a defendant who has given the Magistrates Court a form pleading guilty is convicted, the Court must not—
1. (a)
  impose a sentence of imprisonment on the defendant; or
2. (b)
  disqualify the defendant from holding or obtaining a licence to drive a motor vehicle unless—
  1. (i)
    it is proved to the Court that the summons was given personally to the defendant; or
  2. (ii)
    the procedure prescribed in section 62C is followed; or
3. (c)
  treat the offence as other than a first offence unless the informant proves that the defendant has been previously convicted; or
4. (d)
  subject to the rules—order the defendant to pay witness fees.
(8)
Where a defendant is convicted under this section, the Registrar must immediately, either personally or by post, give the defendant written notice of—
1. (a)
  the conviction; and
2. (b)
  any fine or other monetary sum to be paid; and
3. (c)
  the time and manner of payment.

62BAProceedings where defendant neither appears nor returns written plea of guilty

(1)
If in any proceedings under this Act—
1. (a)
  an information has been laid against a defendant; and
2. (b)
  the defendant has been duly served with a summons but—
  1. (i)
    does not appear at the time and place appointed for the hearing or determination of the information or at a time and place at which the information is subsequently heard or determined; or
  2. (ii)
    in the case of an information and summons served under section 57A—the defendant neither appears nor pleads guilty in the manner provided under that section,

the Magistrates Court may proceed to adjudicate on the information in the absence of the defendant in accordance with section 62, and in so doing regard any allegation contained in the summons, or information and summons, (as served on the defendant) as sufficient evidence of the matter alleged.

(2)
If the Magistrates Court finds the charge proved, the prosecution may recite to the Court any relevant matters alleged against the defendant in the same way as if the defendant had personally appeared and pleaded guilty.
(3)
For the purposes of subsection (1), allegations are contained in a summons, or information and summons, if they are contained in, annexed to, or accompany, the summons or information and summons.
(4)
The allegations referred to in subsection (1) may include particulars of the alleged offence and of the circumstances in which it is alleged to have been committed.
(5)
The provisions of this section are supplementary to, and do not derogate from, any other statutory provision regulating the hearing and determination of an information.

62CProceedings in absence of defendant

(1)
If a defendant fails to appear in obedience to a summons and is convicted (whether on a plea of guilty under section 57A or after a hearing in the defendant's absence)—
(a)
the Magistrates Court may not disqualify the defendant from holding or obtaining a licence to drive a motor vehicle unless—
(i)
the summons was given personally to the defendant; or
(ii)
the Court has first adjourned the hearing to a specified time and place in order to enable the defendant to appear for the purpose of making submissions on the question of penalty; and
(b)
the Court must not sentence the defendant to imprisonment unless the Court has first adjourned the hearing to a specified time and place in order to enable the defendant to appear for the purpose of making submissions on the question of penalty.
(2)
The Registrar must, as soon as practicable after an adjournment under subsection (1)(a)(ii) or (b), give written notice to the defendant on the form prescribed by the rules, informing the defendant of the purpose for which the hearing was adjourned and of the defendant's right to be heard at the adjourned hearing.
(3)
If at the time and place so appointed—
(a)
the defendant appears; or
(b)
the defendant fails to appear and it is proved that the notice in writing was served on the defendant,
the Magistrates Court may, according to the circumstances, order that the defendant be imprisoned or disqualified from holding or obtaining a licence to drive a motor vehicle, or both.
(4)
If it appears to the Magistrates Court that, after making due inquiry and exercising reasonable diligence, the Registrar was unable to give a defendant the notice referred to in subsection (2), the Court may, despite any other provision of this section, proceed to determine the question of penalty and make an order as fully and effectually as if the defendant had been duly given the notice.

(5)
The contents of a notice may be proved by the production of a document purporting to be a copy of the notice certified by the Registrar to the effect that the document is a true copy of the notice served on the defendant in the manner or at the address, and on the day stated, in the certificate.
(6)
If a hearing is adjourned under subsection (1), the Magistrates Court need not be constituted at the adjourned hearing of the same judicial officer as ordered the adjournment.

62DProof of previous convictions

(1)
Where a defendant is served, at least three days before the hearing of the information, with a notice signed by the informant and—
(a)
stating particulars of any previous convictions of the defendant; and
(b)
stating that those particulars may be alleged against him at the hearing of the information,
the prosecutor may, after the Magistrates Court has convicted the defendant of the offence alleged in the information, tender a copy of the notice in evidence before the court.
(2)
The Magistrates Court may regard an allegation contained in any such notice as sufficient evidence of the matter alleged.
(3)
A notice under this section may be served personally or by post.
(4)
If the prosecution tenders a copy of a notice under this section as evidence of convictions, it is not precluded from tendering other evidence of the same or other convictions.

63Non-appearance of informant

(1)
If the defendant appears in obedience to the summons, or is brought before the Magistrates Court by virtue of any warrant, then if the informant, having had due notice, does not appear in person or by his counsel or solicitor, the Magistrates Court shall dismiss the information, unless for some reason it thinks proper to adjourn the hearing.

64If both parties appear, Magistrates Court to hear and determine the case

If both parties appear before the Magistrates Court, either in person or by their respective counsel or solicitors, then the Magistrates Court shall proceed to hear and determine the matter of the information.

67When defendant pleads guilty, court to convict or make an order

(1)
When the defendant is present at the hearing the substance of the information shall be stated to him, and he shall be asked if he has any cause to show why he should not be convicted or why an order should not be made against him (as the case may be).
(2)
If the defendant admits the truth of the information, and shows no sufficient cause why he should not be convicted, or why an order should not be made against him, the Magistrates Court shall convict him or make an order against him accordingly.

68Procedure on plea of not guilty

(1)
If the defendant does not admit the truth of the information the Magistrates Court will proceed to hear—
(a)
the informant and his witnesses and any other evidence which he adduces in support of his information; and
(b)
the defendant and his witnesses and any other evidence which he adduces in his defence; and
(c)
any evidence which the informant adduces in reply if the defendant adduces any evidence other than as to his, the defendant's, general character.
(2)
Subject to the provisions of section 12 of the Evidence Act 1929 every witness shall be examined upon oath.
(3)
The practice before the Magistrates Court on the hearing of any information with respect to the examination and cross-examination of witnesses and the right of addressing the Court in reply, or otherwise, will be in accordance, as nearly as may be, with the practice for the time being of the Supreme Court upon the trial of an action.

69After hearing parties, Magistrates Court to convict or dismiss

(1)
Subject to subsection (2), after the parties and their evidence have been heard, the Magistrates Court must consider the whole matter and determine whether to—
1. (a)
  convict or make an order against the defendant; or
2. (b)
  dismiss the information.
(2)
The Magistrates Court may, at any time before the matter the subject of the hearing in subsection (1) has been finally determined, permit the information to be withdrawn on such terms (if any) as it thinks fit.

69AExamination of defendant

(1)
Where the Magistrates Court finds proved any matter alleged in an information (not being a charge of an offence), the Magistrates Court may order that the defendant be examined by a physician, psychiatrist or psychologist directed by the Magistrates Court to conduct the examination and that the defendant submit to the examination.
(2)
Before making any other order in respect of the defendant, the Magistrates Court may consider and act upon a report on the defendant prepared by the person who conducted the examination: Provided that before the order is made—
(a)
the contents of the report shall be made known to the defendant, or his counsel or solicitor, if the defendant or his counsel or solicitor so requests;
(b)
the defendant, or his counsel or solicitor shall, if he so desires, be given an opportunity of cross-examining the person who prepared the report on the matters therein dealt with;
(c)
the Magistrates Court must, if so required by the defendant, or his counsel or solicitor, procure the attendance of that person before the Magistrates Court for cross‑examination.
(3)
For the purpose of enabling the defendant to be examined as mentioned in this section, the Magistrates Court may order that the defendant be taken to a suitable place for the examination.
(4)
This section shall not apply where the defendant is a child under the age of eighteen years.

Division 4Judgment70Conviction to be minuted

(1)
When the Magistrates Court convicts or makes an order against the defendant a minute or memorandum of the conviction or order shall then be made.
(2)
No fee shall be paid for any such minute or memorandum.

70AConvictions where charges joined in information

(1)
Where charges for more than one offence have been joined in the same information, pursuant to this Act, the Magistrates Court may—
1. (a)
  convict the defendant of such one or more of those offences as it finds proved:
2. (b)
  include any number of offences in a minute or memorandum of conviction or in any formal conviction.
(2)
This section shall apply notwithstanding anything contained in the Special Act.

70BConviction for attempt where full offence charged

If upon the trial of a person charged with an offence (whether a summary offence or a minor indictable offence) it appears to the Magistrates Court upon the evidence that the defendant did not complete the offence charged, but that he was guilty only of an attempt to commit that offence, the Magistrates Court may convict him of an attempt to commit the offence charged and thereupon he shall be liable to be punished in the same manner as if he had been convicted upon an information for such an attempt.

71Order and certificate of dismissal

(1)
If the Magistrates Court dismisses the information a minute or memorandum shall be made as aforesaid, and the Magistrates Court may, on being required to do so and if it thinks fit, draw up an order of dismissal and give the defendant a certificate thereof.
(2)
A certificate of dismissal shall, upon production and without further proof, be a bar to any subsequent information for the same matter against the same party.

76APower to set aside conviction or order

(1)
The Magistrates Court may set aside a conviction or order—
(a)
on its own initiative; or
(b)
on the application of a party made within 14 days after the party receives notice of the conviction or order.
(3)
The Magistrates Court may set aside a conviction or order under this section if satisfied—
(a)
that the parties consent to have it set aside; or
(b)
that the conviction or order was made in error; or
(c)
that it is in the interests of justice to set aside the conviction or order.
(4)
Where the Magistrates Court sets aside a conviction or order under this section it may, without further formality—
(a)
proceed to re-hear the proceedings in which the conviction or order was made; or
(b)
adjourn the proceedings for subsequent re‑hearing.

76BCorrection of conviction or order

The Magistrates Court may, on its own initiative or on the application of any party, correct an error in a conviction or order.

Division 5Non‑association and place restriction orders77Interpretation

In this Division—
close family, in relation to a defendant, means the following people:
(a)
the defendant's spouse, or former spouse, or a person in a close personal relationship with the defendant;
(b)
the defendant's parents and grandparents (whether by blood or by marriage);
(c)
the defendant's children and grandchildren (whether by blood or by marriage);
(d)
the defendant's brothers and sisters (whether by blood or by marriage);
(e)
the defendant's guardians or carers;
close personal relationship has the same meaning as in Part 3 of the Family Relationships Act 1975;
health service means a health service within the meaning of the Health Care Act 2008 and includes any service of a kind prescribed by regulation for the purposes of this definition;
non‑association order means an order under section 78—
(a)
prohibiting a defendant—
(i)
from being in company with a specified person; or
(ii)
from communicating with that person by any means,
except at the times or in the circumstances (if any) specified in the order; or
(b)
prohibiting a defendant—
(i)
from being in company with a specified person; and
(ii)
from communicating with that person by any means;
place restriction order means an order under section 78—
(a)
prohibiting a defendant from frequenting or visiting a specified place or area except at the times or in the circumstances (if any) specified in the order; or
(b)
prohibiting a defendant from frequenting or visiting a specified place or area at any time or in any circumstance;
prescribed offence means an indictable offence or an offence that would, if committed in this State, be an indictable offence;
spouse—a person is the spouse of another if they are legally married;
welfare service means services (whether provided as public or private services) relating to the provision of housing, employment benefits, rental assistance or other financial assistance, family support and other community welfare services necessary for the promotion, protection, development and maintenance of the well‑being of persons.

78Non‑association and place‑restriction orders

(1)
An information may be laid under this section by a police officer.
(2)
On an information, the Magistrates Court may make a non‑association order or a place restriction order (or both) in respect of the defendant if—
(a)
the defendant has, within the period of 2 years immediately preceding the making of the information, been convicted (in this State or elsewhere) of a prescribed offence; and
(b)
the Magistrates Court is satisfied that it is reasonably necessary to do so to ensure that the defendant does not commit any further prescribed offences.
(3)
A non‑association order or a place restriction order—
(a)
operates for the period specified in the order (which must be not more than 2 years); and
(b)
may specify that it is to commence at the end of a period of imprisonment being served by the defendant.
(4)
The Magistrates Court may—
(a)
in determining whether it is reasonably necessary to make a non‑association order or a place restriction order to ensure that the defendant does not commit any further prescribed offences, take into account events that have taken place outside of this State; and
(b)
make a non‑association order or a place restriction order against a defendant whether resident in or outside of this State.
(5)
If a defendant disputes some or all of the grounds on which a non‑association order or a place restriction order is sought or made but consents to the order, the Magistrates Court may make or confirm the order without receiving any further submissions or evidence as to the grounds.

79Non‑association and place restriction orders not to restrict certain associations or activities

(1)
The persons specified in a non‑association order as persons with whom the defendant must not associate may not include any member of the defendant's close family.
(2)
Despite subsection (1), a member of the defendant's close family may be specified in a non‑association order if—
1. (a)
  the defendant requests that the member be specified in the order; or
2. (b)
  the Magistrates Court has reasonable cause to believe, having regard to the criminal antecedents of the member and the defendant, the nature and pattern of criminal activity in which the member and the defendant have both participated or any other matter the Magistrates Court thinks fit, that there is an appreciable risk that the defendant may be involved in conduct that could involve the commission of a further prescribed offence if the defendant associates with that member.
(3)
The places or areas specified in a place restriction order as places or areas that the defendant must not frequent or visit may not include—
1. (a)
  the defendant's place of residence or the place of residence of any member of the defendant's close family; or
2. (b)
  any place of work at which the defendant is regularly employed; or
3. (c)
  any educational institution at which the defendant is enrolled; or
4. (d)
  any place of worship that the defendant regularly attends.
(4)
Despite subsection (3), a place or area referred to in that subsection may be specified in a place restriction order if—
1. (a)
  the defendant requests that the place or area be specified in the order; or
2. (b)
  the Magistrates Court has reasonable cause to believe, having regard to the ongoing nature and pattern of participation of the defendant in criminal activity occurring at that place or area, that there is an appreciable risk that the defendant may be involved in conduct that could involve the commission of a further prescribed offence if the defendant frequents or visits that place or area.

80Issue of non‑association or place restriction order in absence of defendant

(1)
A non‑association order or a place restriction order may be made in the absence of the defendant if the defendant was required by summons or conditions of bail to appear at the hearing of the information and failed to appear.
(2)
A non‑association order or a place restriction order may be made in the absence of the defendant and despite the fact that the defendant was not summoned to appear at the hearing of the information, but in that case, the Magistrates Court must summon the defendant to appear before the Magistrates Court to show cause why the order should not be confirmed.
(3)
The Magistrates Court may make an order under subsection (2) on the basis of evidence received in the form of an affidavit but, in that case—
1. (a)
  the deponent must, if the defendant so requires, appear personally at the proceedings for confirmation of the order to give oral evidence of the matters referred to in the affidavit; and
2. (b)
  if the deponent does not appear personally to give evidence in pursuance of such a requirement, the Magistrates Court may not rely on the evidence contained in the affidavit for the purpose of confirming the order.
(4)
The Magistrates Court may, from time to time without requiring the attendance of any party, adjourn the hearing to which a defendant is summoned under subsection (2) to a later date if satisfied that the summons has not been served or that there is other adequate reason for the adjournment.
(5)
The date fixed in the first instance for the hearing to which a defendant is summoned under subsection (2) must be within 7 days of the date of the order, and the date fixed under subsection (4) for an adjourned hearing must be within 7 days of the date on which the adjournment is ordered, unless the Magistrates Court is satisfied—
1. (a)
  that a later date is required to enable the summons to be served; or
2. (b)
  that there is other adequate reason for fixing a later date.
(6)
A non‑association order or a place restriction order made under subsection (2)—
1. (a)
  continues in force until the conclusion of the hearing to which the defendant is summoned or, if the hearing is adjourned, until the conclusion of the adjourned hearing; but
2. (b)
  will not be effective after the conclusion of the hearing to which the defendant is summoned, or the adjourned hearing, unless the Magistrates Court confirms the order—
  1. (i)
    on failure of the defendant to appear at the hearing in obedience to the summons; or
  2. (ii)
    having considered any evidence given by or on behalf of the defendant; or
  3. (iii)
    with the consent of the defendant.
(7)
The Magistrates Court may confirm a non‑association order or a place restriction order in an amended form.
(8)
If a hearing is adjourned under this section, the Magistrates Court need not be constituted at the adjourned hearing of the same judicial officer as ordered the adjournment.

81Service

(1)
Subject to the making of an order under subsection (4), a non‑association order or place restriction order must be served on the defendant personally and is not binding on the defendant until it has been so served.
(2)
If a non‑association order or place restriction order is confirmed in an amended form or is varied before being confirmed or at any other time, subject to the making of a declaration under subsection (4) or subsection (5)—
(a)
the order in its amended or varied form must be served on the defendant personally; and
(b)
until so served—
(i)
the amendment or variation is not binding on the defendant; but
(ii)
the order as in force prior to the amendment or variation continues to be binding on the defendant.
(3)
If a police officer has reason to believe that a person is subject to a non‑association order or place restriction order that has not been served on the person, the officer may—
(a)
require the person to remain at a particular place for—
(i)
so long as may be necessary for the order, and, if the order is subject to confirmation, the summons to appear before the Magistrates Court to show cause why the order should not be confirmed, to be served on the person; or
(ii)
2 hours,
whichever is the lesser; and
(b)
if the person refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with, arrest and detain the person in custody (without warrant) for the period referred to in paragraph (a).
(4)
If a police officer satisfies the Magistrates Court that all reasonable efforts have been made to effect personal service of an order on a defendant in accordance with this section but that those efforts have failed, the Magistrates Court may declare that subsection (2)(a) does not apply and may make such orders as it thinks fit in relation to substituted service (and in such a case, the non‑association order or place restriction order will not be binding on the defendant until it has been served in accordance with the orders for substituted service).
(5)
If the Magistrates Court is satisfied that the order in its amended or varied form is more favourable to the defendant, the Magistrates Court may declare that subsection (2)(b) does not apply and that the amendment or variation is to be binding on the defendant as from the day of the declaration or such other day as the Magistrates Court specifies.

82Variation or revocation of non‑association or place restriction order

(1)
The Magistrates Court may vary or revoke a non‑association order or place restriction order on application by a police officer or the defendant.
(2)
An application for variation or revocation of a non‑association order or place restriction order may only be made by the defendant with the permission of the Magistrates Court and permission is only to be granted if the Magistrates Court is satisfied there has been a substantial change in the relevant circumstances since the order was made or last varied.
(3)
The Magistrates Court must, before varying or revoking an order under this section—
1. (a)
  allow all parties a reasonable opportunity to be heard on the matter; and
2. (b)
  have regard to the same factors that the Magistrates Court is required to have regard to in considering whether or not to make a non‑association order or place restriction order and in considering the terms of such an order.

83Contravention of non‑association and place restriction orders

(1)
A person who contravenes or fails to comply with a non‑association order or place restriction order is guilty of an offence.

Maximum penalty:
(a)
for a first offence—imprisonment for 6 months;
(b)
for a subsequent offence—imprisonment for 2 years.

(2)
Subsection (1) does not apply if the person establishes that he or she had a reasonable excuse for the contravention or failure to comply.
(3)
Without limiting subsection (2), it is a reasonable excuse for associating with a specified person in contravention of a non‑association order if—
1. (a)
  the person did so in compliance with an order of a court; or
2. (b)
  the person did so unintentionally and terminated the association as soon as was reasonably practicable.
(4)
Without limiting subsection (2), it is a reasonable excuse for frequenting or visiting a specified place or area in contravention of a place restriction order if—
1. (a)
  the person did so in compliance with an order of a court; or
2. (b)
  the person did so unintentionally and left the place or area as soon as was reasonably practicable; or
3. (c)
  the person needed to frequent or visit the place or area in order to—
  1. (i)
    receive a health service or a welfare service; or
  2. (ii)
    obtain legal advice or otherwise be provided with legal services.

Division 7Restraining orders99AAPaedophile restraining orders

(a1)
An application for a restraining order under this section may be made to the Magistrates Court by a police officer.
(1)
On the hearing of an application under this section, the Magistrates Court may make a restraining order against the defendant if—
(a)
the defendant—
(i)
is required to comply with the reporting obligations imposed by Part 3 of the Child Sex Offenders Registration Act 2006; or
(ii)
has been found—
(A)
loitering near children; or
(B)
using the internet to communicate with children or persons whom the defendant believed to be children (other than children or persons with whom the defendant has some good reason to communicate),
on at least 2 occasions and there is reason to think that the defendant may, unless restrained, again so loiter or so use the internet; and
(c)
the Magistrates Court is satisfied that the making of the order is appropriate in the circumstances.
(2)
A restraining order under this section may restrain the defendant from 1 or more of the following:
(a)
loitering—
(i)
near children at or in the vicinity of a specified place or class of places or in specified circumstances; or
(ii)
near children in any circumstances;
(b)
using the internet or using the internet in a manner specified in the order;
(c)
owning, possessing or using a computer or other device that is capable of being used to gain access to the internet.
(3)
In considering whether or not to make a restraining order under this section and in considering the terms of the restraining order, the Magistrates Court must have regard to the following:
(a)
whether the defendant's behaviour has aroused, or may arouse, reasonable apprehension or fear in a child or other person;
(b)
whether there is reason to think that the defendant may, unless restrained, commit a sexual offence against a child or otherwise act inappropriately in relation to a child;
(c)
the prior criminal record (if any) of the defendant;
(d)
any evidence of sexual dysfunction suffered by the defendant;
(e)
any apparent pattern in the defendant's behaviour, any apparent connection between the defendant's behaviour and the presence of children and any apparent justification for the defendant's behaviour;
(ea)
any apparent pattern in the defendant's use of the internet (if any) to contact children;
(f)
any other matter that, in the circumstances of the case, the Magistrates Court considers relevant.
(4)
For the purposes of this section, a defendant loiters near children if the defendant loiters, without reasonable excuse, at or in the vicinity of a school, public toilet or place at which children are regularly present, whether or not children are actually present at the school, public toilet or place.

99AABPower to conduct routine inspection of computer etc

(1)
If a restraining order under section 99AA includes provisions relating to use of the internet by the defendant, a police officer may, at any time, enter premises occupied by the defendant and—
1. (a)
  inspect any computer or device capable of storing electronic data at those premises; or
2. (b)
  remove from the premises any computer or device capable of storing electronic data for the purpose of inspecting the computer or device,

to determine whether there is any evidence to suggest that the defendant may have contravened the restraining order.

(2)
If the defendant is aware that, in order to gain access to data stored on a computer or other device being inspected or removed by a police officer under this section it is necessary to enter any password, code or other information or to perform any function in relation to the data, the defendant must provide the police officer with that password, code or information or assist the police officer in performing that function.

Maximum penalty: Imprisonment for 2 years.

(3)
If a person is convicted of an offence against subsection (2) in relation to a computer or device that is owned by the convicted person, the computer or device is forfeited to the Crown and may be dealt with and disposed of in such manner as the Minister may direct.
(4)
A power must not be exercised under this section in relation to particular premises more than once in any 12 month period.
(5)
If a computer or device removed from premises in accordance with subsection (1)(b) is not to be seized and retained as evidence of an offence, the computer or device must be returned to the defendant—
1. (a)
  as soon as practicable following inspection of the computer or device; or
2. (b)
  within 1 month after the removal,

whichever occurs first.

(6)
A police officer may use such force to enter premises, or to take other action under this section, as is reasonably necessary for the purpose.
(7)
This section is in addition to, and does not derogate from, any other police powers.

99AACChild protection restraining orders

(1)
An application for a restraining order under this section may be made to the Magistrates Court by—
(a)
a police officer; or
(b)
a child, or the guardian of a child, for the protection of whom a restraining order under this section is sought.
(2)
On the hearing of an application under this section, the Magistrates Court may make a restraining order against the defendant if—
(a)
the defendant is an adult who is, or has been, residing with a child under the age of 17 years of whom the defendant is not a guardian; and
(b)
the defendant and the child are, or have been, residing at premises other than premises in which a guardian of the child resides; and
(c)
—
(i)
the defendant or another person who resides at, or frequents, premises at which the defendant and the child reside or have resided—
(A)
has, within the preceding 10 years, been convicted of a prescribed offence; or
(B)
is, or has at any time been, subject to a restraining order under this section; or
(ii)
the Magistrates Court is satisfied that, as a consequence of the child's contact or residence with the defendant, the child is at risk of—
(A)
sexual abuse or physical, psychological or emotional abuse or neglect; or
(B)
engaging in, or being exposed to, conduct that is an offence under Part 5 of the Controlled Substances Act 1984; and
(d)
the Magistrates Court is satisfied that the making of the order is appropriate in the circumstances.
(3)
In considering whether or not to make a restraining order under this section and in considering the terms of the restraining order, the Magistrates Court's primary consideration must be the best interests of the child, and in determining the best interests of the child the Magistrates Court must have regard to the following matters:
(a)
the degree of control or influence exerted by the defendant over the child;
(b)
the prior criminal record (if any) of the defendant;
(c)
any apparent pattern in the defendant's behaviour towards the child or other children and any apparent justification for that behaviour;
(d)
the views of the child and any guardian of the child (to the extent that they are made known to the Magistrates Court);
(e)
any other matter that the Magistrates Court considers relevant.
(4)
The Magistrates Court may—
(a)
require that a copy of the application under this section be served on the child, or a guardian of the child, personally; and
(b)
issue any orders it thinks fit to ensure that the child, or a guardian of the child, is given an opportunity to be heard in relation to the application.
(5)
A restraining order under this section—
(a)
may impose such restraints on the defendant as are necessary or desirable to protect the child from any apprehended risk; and
(b)
may include any consequential or ancillary orders that the Magistrates Court thinks fit; and
(c)
will expire when the child reaches the age of 17 years or, if an earlier time is specified in the order, at that earlier time.
(6)
If the Magistrates Court has made a restraining order under this section, the Magistrates Court may also, subject to any current proceedings before, or orders of, the Family Court of Australia or the Youth Court, make orders providing for the temporary placement of the child (pending, if necessary, proceedings before either of those courts)—
(a)
subject to paragraphs (b) and (c), into the custody of a guardian of the child; or
(b)
if the Magistrates Court is not satisfied that placement of the child with a guardian is in the best interests of the child, or if such a placement is not possible or appropriate—into the custody of such other person as the Magistrates Court directs; or
(c)
if the Magistrates Court is not satisfied that placement of the child with a guardian or some other person is in the best interests of the child, or if such a placement is not possible or appropriate—into the custody of the Minister (for a period not exceeding 28 days) and the care of such person as the Chief Executive, or the Chief Executive's nominee, directs.
(7)
If the applicant is not a police officer, and the application is not made by telephone by a person introduced by a police officer, the following provisions apply despite any other provisions of this Act:
(a)
the Magistrates Court must not issue a summons for the appearance of the defendant and must dismiss the application unless it is supported by oral evidence;
(b)
in addition to the discretion whether to make an order under section 99C(2), the Magistrates Court has, subject to this subsection, a discretion to refuse to issue a summons for the appearance of the defendant and to dismiss the application;
(c)
without limiting the circumstances in which the Magistrates Court may exercise the discretion, the Magistrates Court may exercise the discretion under paragraph (b) to dismiss the application if satisfied that the application is frivolous, vexatious, without substance or has no reasonable prospect of success;
(d)
there is a presumption against exercising the discretion under paragraph (b) to dismiss the application if the application discloses allegations of—
(i)
sexual abuse; or
(ii)
conduct that is an offence under Part 5 of the Controlled Substances Act 1984;
(e)
if the Magistrates Court exercises the discretion under paragraph (b) to dismiss the application, it must record the reasons for doing so in writing.
(8)
In this section—
Chief Executive has the same meaning as in the Children and Young People (Safety) Act 2017;
child sexual offence means any of the following offences committed against or in relation to a child under 16 years of age (including a substantially similar offence against a corresponding previous enactment or the law of another place):
(a)
rape;
(b)
indecent assault;
(c)
incest;
(d)
an offence involving unlawful sexual intercourse;
(daa)
an offence of persistent sexual abuse of a child under section 50 of the Criminal Law Consolidation Act 1935;
(da)
an offence of sexual exploitation of a person with a cognitive impairment under section 51 of the Criminal Law Consolidation Act 1935;
(e)
an offence involving an act of gross indecency;
(f)
an offence involving child prostitution;
(g)
an offence involving indecency or sexual misbehaviour including an offence against Part 3 Division 11A of the Criminal Law Consolidation Act 1935 or against section 23 or 33 of the Summary Offences Act 1953;
(h)
an attempt to commit, or assault with intent to commit, any of the offences referred to in the above paragraphs;
(i)
any other offence (such as homicide or abduction), if there are reasonable grounds to believe that any of the offences referred to in the above paragraphs was also committed by the same person against or in relation to the child in the course of, or as part of events surrounding, the commission of the offence;
conviction—a person is taken to have been convicted of an offence if—
(a)
the person was convicted of the offence; or
(b)
the person was charged with, and found guilty of, the offence but was discharged without conviction; or
(c)
a court, with the consent of the person, took the offence, of which the person had not been found guilty, into account in passing sentence on the person for another offence; or
(d)
a court has, under Part 8A Division 2 of the Criminal Law Consolidation Act 1935 recorded findings that—
(i)
the person was mentally incompetent to commit the offence; and
(ii)
the objective elements of the offence were established; or
(e)
a court has, under Part 8A Division 3 of the Criminal Law Consolidation Act 1935, recorded findings that—
(i)
the person was mentally unfit to stand trial on a charge of the offence; and
(ii)
the objective elements of the offence were established;
guardian, of a child, means a parent of the child, a person who is the legal guardian of the child or has the legal custody of the child or any other person who stands in loco parentis to the child and has done so for a significant length of time;
Minister means the Minister to whom the administration of the Children and Young People (Safety) Act 2017 is committed;
prescribed offence means—
(a)
a child sexual offence; or
(b)
an offence under Part 5 of the Controlled Substances Act 1984;
sexual abuse—a child is sexually abused if—
(a)
a child sexual offence is committed against or in relation to the child; or
(b)
the child is exposed to the commission of a child sexual offence against or in relation to another child.

99CIssue of restraining order in absence of defendant

(1)
A restraining order may be made in the absence of the defendant if the defendant was required by summons or conditions of bail to appear at the hearing of the application and failed to appear in obedience to the summons.
(2)
A restraining order may be made in the absence of the defendant and despite the fact that the defendant was not summoned to appear at the hearing of the application, but in that case, the Magistrates Court must summon the defendant to appear before the Magistrates Court to show cause why the order should not be confirmed.
(3)
The Magistrates Court may make an order under subsection (2) on the basis of evidence received in the form of an affidavit but, in that case—
1. (a)
  the deponent must, if the defendant so requires, appear personally at the proceedings for confirmation of the order to give oral evidence of the matters referred to in the affidavit; and
2. (b)
  if the deponent does not appear personally to give evidence in pursuance of such a requirement, the Magistrates Court may not rely on the evidence contained in the affidavit for the purpose of confirming the order.
(4)
The Magistrates Court may, from time to time without requiring the attendance of any party, adjourn the hearing to which a defendant is summoned under subsection (2) to a later date if satisfied that the summons has not been served or that there is other adequate reason for the adjournment.
(5)
The date fixed in the first instance for the hearing to which a defendant is summoned under subsection (2) must be within 7 days of the date of the order, and the date fixed under subsection (4) for an adjourned hearing must be within 7 days of the date on which the adjournment is ordered, unless the Magistrates Court is satisfied—
1. (a)
  that a later date is required to enable the summons to be served; or
2. (b)
  that there is other adequate reason for fixing a later date.
(6)
A restraining order made under subsection (2)—
1. (a)
  continues in force until the conclusion of the hearing to which the defendant is summoned or, if the hearing is adjourned, until the conclusion of the adjourned hearing; but
2. (b)
  will not be effective after the conclusion of the hearing to which the defendant is summoned, or the adjourned hearing, unless the Magistrates Court confirms the order—
  1. (i)
    on failure of the defendant to appear at the hearing in obedience to the summons; or
  2. (ii)
    having considered any evidence given by or on behalf of the defendant; or
  3. (iii)
    with the consent of the defendant.
(7)
The Magistrates Court may confirm a restraining order in an amended form.
(8)
If a hearing is adjourned under this section, the Magistrates Court need not be constituted at the adjourned hearing of the same judicial officer as ordered the adjournment.

99EService

(1)
Subject to the making of an order under subsection (5), a restraining order must be served on the defendant in accordance with this section and is not binding on the defendant until it has been so served.
(2)
If a restraining order is confirmed in an amended form or is varied before being confirmed, or at any other time, subject to the making of an order under subsection (5) or a declaration under subsection (6)—
(a)
the order in its amended or varied form must be served on the defendant in accordance with this section; and
(b)
until so served—
(i)
the amendment or variation is not binding on the defendant; but
(ii)
the order as in force prior to the amendment or variation continues to be binding on the defendant.
(3)
For the purposes of this section, a restraining order, or a restraining order in its amended or varied form, is served on the defendant if—
(a)
the order is served personally on the defendant; or
(b)
the order is served on the defendant in some other manner authorised by the Magistrates Court; or
(c)
the defendant is present in the Court when the order is made, amended or varied (as the case requires).
(4)
If a police officer has reason to believe that a person is subject to a restraining order that has not been served on the person, the officer may—
(a)
require the person to remain at a particular place for—
(i)
so long as may be necessary for the order, and, if the order is subject to confirmation, the summons to appear before the Court to show cause why the order should not be confirmed, to be served on the person; or
(ii)
2 hours,
whichever is the lesser; and
(b)
if the person refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with, arrest and detain the person in custody (without warrant) for the period referred to in paragraph (a).
(5)
If a police officer satisfies the Court that all reasonable efforts have been made to effect personal service of an order on a defendant but that those efforts have failed, the Court may make an order authorising service in such other manner as the Court thinks fit and specifies in the order (and, in such a case, the restraining order will not be binding on the defendant until it has been served in accordance with that order).
(6)
If the Court is satisfied that the order in its amended or varied form is more favourable to the defendant, the Court may declare that subsection (2)(b) does not apply and that the amendment or variation is to be binding on the defendant as from the day of the declaration or such other day as the Court specifies.

99FVariation or revocation of restraining order

(1)
The Magistrates Court may vary or revoke a restraining order on application—
(a)
in the case of a restraining order made under section 99AAC—by a parent or guardian of the child for the protection of whom the order was made; and
(b)
in any case—
(i)
by a police officer; or

s 20(1)	amended by 72/1991 s 12	6.7.1992
amended by 43/2016 s 6(1), (2)	3.10.2017
amended by 18/2017 Sch 1	5.3.2018
s 21	deleted by 6/1985 s 4(a)	7.7.1985
s 22	amended by 72/1991 s 13	6.7.1992
amended by 43/2016 s 7(1), (2)	3.10.2017
substituted by 36/2017 s 5	4.3.2018
s 22A
s 22A(1)	amended by 43/2016 s 8	3.10.2017
s 22A(4)	deleted by 72/1991 s 14	6.7.1992
ss 23—25	deleted by 72/1991 s 15	6.7.1992
s 26	amended by 51/1988 s 45	1.1.1989
deleted by 72/1991 s 15	6.7.1992
s 26A	deleted by 72/1991 s 15	6.7.1992
Heading preceding s 27	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 27 before substitution by 36/2017
s 27(1)	s 27 proviso deleted by 26/1982 s 5(a)	1.8.1982
s 27 redesignated as s 27(1) by 26/1982 s 5(b)	1.8.1982
s 27(2)	inserted by 26/1982 s 5(b)	1.8.1982
amended by 43/2016 s 9	3.10.2017
s 27(3)	inserted by 26/1982 s 5(b)	1.8.1982
amended by 72/1991 s 16	6.7.1992
s 27	substituted by 36/2017 s 6	4.3.2018
Heading preceding s 27A	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 27A before deletion by 36/2017
s 27A(1)	amended by 49/1980 s 2	3.7.1980
amended by 72/1991 s 17	6.7.1992
amended by 43/2016 s 10	3.10.2017
s 27A(3)	amended by 32/1986 s 3	1.7.1986
amended by 5/1988 s 3	5.5.1988
s 27A	deleted by 36/2017 s 6	4.3.2018
s 27B	amended by 43/2016 s 11	3.10.2017
substituted by 36/2017 s 7	4.3.2018
s 27C before substitution by 36/2017
s 27C(1)	amended by 43/2016 s 12(1)—(3)	3.10.2017
s 27C(2)	substituted by 72/1991 s 18(a)	6.7.1992
s 27C(3)	amended by 26/1982 s 6(a)	1.8.1982
amended by 51/1988 s 46(a)	1.1.1989
amended by 43/2016 s 12(4), (5)	3.10.2017
s 27C(4)	amended by 26/1982 s 6(b)	1.8.1982
amended by 72/1991 s 18(b)	6.7.1992
s 27C(5)	amended by 72/1991 s 18(c)	6.7.1992
s 27C(6)	amended by 26/1982 s 6(c)	1.8.1982
deleted by 51/1988 s 46(b)	1.1.1989
s 27C	substituted by 36/2017 s 7	4.3.2018
s 27D	deleted by 26/1982 s 7	1.8.1982
Heading preceding s 28	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 28
s 28(1)	amended by 72/1991 s 19(a)—(c)	6.7.1992
amended by 18/2017 Sch 1	5.3.2018
s 28(2) and (3)	substituted by 72/1991 s 19(d)	6.7.1992
s 28(4)	inserted by 72/1991 s 19(d)	6.7.1992
Heading preceding s 29	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 29	substituted by 72/1991 s 20	6.7.1992
amended by 62/1993 s 32	1.7.1993
amended by 18/2017 Sch 1	5.3.2018
ss 30—41 and headings	deleted by 6/1985 s 4(b)	7.7.1985
Pt 4
Pt 4 Div 1	amended by 26/1982 s 8	1.8.1982
amended by 68/1982 s 7	1.8.1982
amended by 51/1988 s 47	1.1.1989
deleted by 72/1991 s 21	6.7.1992
Pt 4 Div 2
heading	amended by 43/2016 s 13	3.10.2017
Heading preceding s 49	amended by 51/1988 s 48	1.1.1989
deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 49	substituted by 72/1991 s 22	6.7.1992
s 49(1)	amended by 62/1993 s 33	1.7.1993
amended by 43/2016 s 14(1)	3.10.2017
amended by 18/2017 Sch 1	5.3.2018
s 49(2)	amended by 62/1993 s 33	1.7.1993
amended by 43/2016 s 14(2)	3.10.2017
s 49(3)	amended by 43/2016 s 14(3)	3.10.2017
s 49(4)	amended by 43/2016 s 14(4), (5)	3.10.2017
s 49(5)	amended by 43/2016 s 14(6), (7)	3.10.2017
amended by 18/2017 Sch 1	5.3.2018
s 50	deleted by 72/1991 s 22	6.7.1992
s 51	substituted by 72/1991 s 23	6.7.1992
s 51(1)	amended by 43/2016 s 15(1)	3.10.2017
s 51(2)	amended by 43/2016 s 15(1), (2)	3.10.2017
amended by 18/2017 Sch 1	5.3.2018
s 52	substituted by 35/1996 s 3	3.2.1997
s 52(1)	s 52 amended and redesignated as s 52(1) by 53/2003 s 12(1), (2)	18.12.2003
s 52(2)	inserted by 53/2003 s 12(2)	18.12.2003
amended by 71/2017 Sch 1 cl 32	30.4.2018
amended by 17/2021 s 4	11.5.2023
Heading preceding s 53	omitted in pursuance of the Acts Republication Act 1967	17.10.1996
s 53	deleted by 67/1996 s 31	17.10.1996
Heading preceding s 54	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 54
s 54(1)—(3)	amended by 43/2016 s 16	3.10.2017
s 55	deleted by 72/1991 s 24	6.7.1992
Heading preceding s 56	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 56
s 56(1)	amended by 43/2016 s 17(1)	3.10.2017
s 56(2)	amended by 43/2016 s 17(1), (2)	3.10.2017
Heading preceding s 57	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 57	substituted by 72/1991 s 25	6.7.1992
s 57(1)	amended by 43/2016 s 18(1)	3.10.2017
amended by 36/2017 s 8(1)	4.3.2018
amended by 18/2017 Sch 1	5.3.2018
s 57(2)	amended by 17/2006 s 227	4.9.2006
amended by 43/2016 s 18(2)	3.10.2017
amended by 36/2017 s 8(2), (3)	4.3.2018
amended by 18/2017 Sch 1	5.3.2018
s 57(3)	amended by 43/2016 s 18(3)	3.10.2017
amended by 18/2017 Sch 1	5.3.2018
s 57A before substitution by 36/2017
s 57A(1)	amended by 49/1980 s 3(a)	3.7.1980
amended by 72/1991 s 26(a), (b)	6.7.1992
amended by 43/2016 s 19(1), (2)	3.10.2017
s 57A(2)	amended by 43/2016 s 19(3)	3.10.2017
s 57A(4)	amended by 49/1980 s 3(b)	3.7.1980
substituted by 72/1991 s 26(c)	6.7.1992
s 57A(5)	deleted by 72/1991 s 26(c)	6.7.1992
s 57A(6)	amended by 72/1991 s 26(d)	6.7.1992
s 57A(7)	amended by 72/1991 s 26(e)	6.7.1992
amended by 43/2016 s 19(4)	3.10.2017
s 57A(7a)	inserted by 26/1982 s 9	1.8.1982
amended by 72/1991 s 26(f), (g)	6.7.1992
amended by 43/2016 s 19(5), (6)	3.10.2017
s 57A(8)	amended by 49/1980 s 3(c)	3.7.1980
amended by 72/1991 s 26(h)	6.7.1992
amended by 43/2016 s 19(7)	3.10.2017
s 57A(9)	amended by 72/1991 s 26(i), (j)	6.7.1992
amended by 43/2016 s 19(8)	3.10.2017
s 57A(10)	substituted by 44/1979 s 5(2) (Sch)	1.7.1979
s 57A(11)	substituted by 49/1980 s 3(d)	3.7.1980
s 57A(11)	substituted by 49/1980 s 3(d)	3.7.1980
public officer	amended by 78/2009 s 19(3)	1.8.2010
s 57A	substituted by 36/2017 s 9	4.3.2018
Heading preceding s 58	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 58	substituted by 72/1991 s 27	6.7.1992
amended by 43/2016 s 20	3.10.2017
amended by 18/2017 Sch 1	5.3.2018
Heading preceding s 59	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 59	amended by 6/1985 s 4(c)	7.7.1985
substituted by 72/1991 s 28	6.7.1992
s 59(1) and (2)	amended by 18/2017 Sch 1	5.3.2018
s 60
s 60(1)	amended by 72/1991 s 29(a)—(d)	6.7.1992
amended by 43/2016 s 21	3.10.2017
amended by 18/2017 Sch 1	5.3.2018
s 60(2)	substituted by 6/1985 s 4(d)	7.7.1985
amended by 72/1991 s 29(e)	6.7.1992
amended by 18/2017 Sch 1	5.3.2018
s 62
s 62(1) and (2)	amended by 17/2006 s 228	4.9.2006
amended by 43/2016 s 22	3.10.2017
amended by 18/2017 Sch 1	5.3.2018
s 62(3)	substituted by 72/1991 s 30	6.7.1992
amended by 18/2017 Sch 1	5.3.2018
Pt 4 Div 3
heading	amended by 18/2017 Sch 1	5.3.2018
s 62A	amended by 6/1985 s 4(e)	7.7.1985
s 62A(1)	amended by 17/2006 s 229	4.9.2006
amended by 43/2016 s 23(1), (2)	3.10.2017
amended by 18/2017 Sch 1	5.3.2018
s 62B before substitution by 36/2017
s 62B(1)	amended by 43/2016 s 24(1)	3.10.2017
s 62B(4)	amended by 43/2016 s 24(2)	3.10.2017
s 62B(5)	amended by 43/2016 s 24(1)	3.10.2017
s 62B(6)	amended by 51/1988 s 49(a), (b)	1.1.1989
(d) deleted by 60/1998 s 44(a)	6.3.2000
amended by 43/2016 s 24(3)	3.10.2017
s 62B(8)	amended by 51/1988 s 49(c)	1.1.1989
amended by 72/1991 s 31	6.7.1992
amended by 60/1998 s 44(b)	6.3.2000
s 62B	substituted by 36/2017 s 10	4.3.2018
s 62B(5)	substituted by 18/2017 Sch 1	5.3.2018
substituted by 9/2018 s 3	9.8.2018
s 62BA before substitution by 36/2017
s 62BA(1)	amended by 49/1980 s 4(a)	3.7.1980
amended by 17/2006 s 230	4.9.2006
amended by 43/2016 s 25(1)—(4)	3.10.2017
s 62BA(2)	amended by 43/2016 s 25(5)	3.10.2017
s 62BA(4)	amended by 49/1980 s 4(b)	3.7.1980
amended by 43/2016 s 25(6), (7)	3.10.2017
s 62BA(5)	amended by 43/2016 s 25(8)	3.10.2017
s 62BA	substituted by 36/2017 s 10	4.3.2018
s 62C before substitution by 36/2017
s 62C(1)	amended by 51/1988 s 50	1.1.1989
amended by 17/2006 s 231	4.9.2006
amended by 43/2016 s 26	3.10.2017
s 62C(2)	amended by 72/1991 s 32(a), (b)	6.7.1992
amended by 43/2016 s 26	3.10.2017
s 62C(3)
s 62C(3a)	amended by 72/1991 s 32(c)	6.7.1992
s 62C(5)	amended by 72/1991 s 32(c)	6.7.1992
s 62C(6)	substituted by 72/1991 s 32(d)	6.7.1992
s 62C	substituted by 36/2017 s 10	4.3.2018
s 62D
s 62D(1)	amended by 43/2016 s 27(1), (2)	3.10.2017
amended by 18/2017 Sch 1	5.3.2018
s 62D(2)	amended by 18/2017 Sch 1	5.3.2018
s 62D(3) and (4)	inserted by 26/1982 s 10	1.8.1982
s 63
s 63(1)	amended by 43/2016 s 28(1), (2)	3.10.2017
amended by 18/2017 Sch 1	5.3.2018
s 63(2)	deleted by 72/1991 s 33	6.7.1992
s 64	amended by 43/2016 s 29	3.10.2017
amended by 18/2017 Sch 1	5.3.2018
s 65	amended by 6/1985 s 4(f)—(h)	7.7.1985
amended by 51/1988 s 51	1.1.1989
deleted by 72/1991 s 34	6.7.1992
s 66	deleted by 72/1991 s 35	6.7.1992
s 67
s 67(1)	amended by 43/2016 s 30	3.10.2017
s 67(2)	amended by 43/2016 s 30	3.10.2017
amended by 18/2017 Sch 1	5.3.2018
s 68
s 68(1)	amended by 43/2016 s 31(1)—(3)	3.10.2017
amended by 18/2017 Sch 1	5.3.2018
s 68(3)	amended by 72/1991 s 36	6.7.1992
amended by 43/2016 s 31(1)	3.10.2017
amended by 18/2017 Sch 1	5.3.2018
s 69	amended by 43/2016 s 32	3.10.2017
substituted by 18/2017 Sch 1	5.3.2018
s 69A
s 69A(1)	amended by 51/1988 s 52	1.1.1989
amended by 72/1991 s 37	6.7.1992
amended by 43/2016 s 33	3.10.2017
amended by 18/2017 Sch 1	5.3.2018
s 69A(2) and (3)	amended by 18/2017 Sch 1	5.3.2018
Pt 4 Div 4
Heading preceding s 70	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 70
s 70(1)	s 70 first sentence redesignated as s 70(1) by 44/2003 s 3(1) (Sch 1)	24.11.2003
amended by 18/2017 Sch 1	5.3.2018
s 70(2)	s 70 second sentence redesignated as s 70(2) by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 70A
s 70A(1)	amended by 43/2016 s 34	3.10.2017
amended by 18/2017 Sch 1	5.3.2018
s 70AB and heading	deleted by 51/1988 s 53	1.1.1989
s 70B	amended by 72/1991 s 38	6.7.1992
amended by 43/2016 s 35	3.10.2017
amended by 18/2017 Sch 1	5.3.2018
s 71
s 71(1)	amended by 43/2016 s 36	3.10.2017
amended by 18/2017 Sch 1	5.3.2018
s 71(2)	amended by 43/2016 s 36	3.10.2017
s 72	amended by 26/1982 s 11	1.8.1982
amended by 72/1991 s 39	6.7.1992
deleted by 27/1995 s 22	4.5.1995
s 73 and heading	deleted by 51/1988 s 54	1.1.1989
s 74 and heading	deleted by 51/1988 s 55	1.1.1989
s 75	amended by 109/1981 s 46	1.2.1982
deleted by 51/1988 s 55	1.1.1989
s 76	amended by 68/1982 s 8	1.8.1982
deleted by 51/1988 s 55	1.1.1989
Heading preceding s 76A	inserted by 26/1982 s 12	1.8.1982
deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 76A	inserted by 26/1982 s 12	1.8.1982
substituted by 72/1991 s 40	6.7.1992
s 76A(1)	substituted by 43/2012 s 36	1.7.2013
amended by 18/2017 Sch 1	5.3.2018
s 76A(2)	deleted by 43/2012 s 36	1.7.2013
s 76A(3) and (4)	amended by 18/2017 Sch 1	5.3.2018
s 76B	inserted by 68/1982 s 9	1.8.1982
deleted by 6/1985 s 4(i)	7.7.1985
inserted by 72/1991 s 40	6.7.1992
amended by 18/2017 Sch 1	5.3.2018
Pt 4 Div 5
s 77	amended by 51/1988 s 56	1.1.1989
deleted by 72/1991 s 41	6.7.1992
ss 78 and 79	deleted by 51/1988 s 57	1.1.1989
Pt 4 Div 5	inserted by 12/2012 s 49	17.6.2012
s 78
s 78(1)	amended by 43/2016 s 37(1)	3.10.2017
s 78(2)	amended by 43/2016 s 37(2), (3)	3.10.2017
amended by 18/2017 Sch 1	5.3.2018
s 78(4) and (5)	amended by 18/2017 Sch 1	5.3.2018
s 79
s 79(2) and (4)	amended by 18/2017 Sch 1	5.3.2018
s 80
s 80(1)	amended by 43/2016 s 38	3.10.2017
s 80(2)	amended by 43/2016 s 38	3.10.2017
amended by 18/2017 Sch 1	5.3.2018
s 80(3)—(8)	amended by 18/2017 Sch 1	5.3.2018
s 81
s 81(3)—(5)	amended by 18/2017 Sch 1	5.3.2018
s 82
s 82(1)—(3)	amended by 18/2017 Sch 1	5.3.2018
Pt 4 Div 5A	inserted by 68/1982 s 10	1.8.1982
amended by 51/1988 ss 58, 59	1.1.1989
amended by 72/1991 s 42	6.7.1992
deleted by 60/1998 s 45	6.3.2000
Pt 4 Div 6	amended by 109/1981 s 47	1.2.1982
amended by 26/1982 s 13	1.8.1982
amended by 68/1982 s 11	1.8.1982
amended by 77/1984 s 3	1.1.1985
amended by 69/1986 s 21	8.12.1986
amended by 49/1987 Sch 2	21.6.1987
deleted by 51/1988 s 60	1.1.1989
Pt 4 Div 7	substituted by 46/1982 s 4	3.6.1982
amended by 72/1991 s 43	6.7.1992
amended by 75/1992 ss 4—6	4.3.1993
amended by 62/1993 ss 34—37	1.7.1993
substituted by 20/1994 s 4	1.8.1994
s 99 before deletion by 85/2009
s 99(a1)	inserted by 78/2009 s 9(1)	1.8.2010
s 99(1)	amended by 78/2009 s 9(2)	1.8.2010
s 99(2)	amended by 24/1999 s 13(a)	16.5.1999
amended by 55/2001 s 6(a)	13.1.2002
s 99(2a)	inserted by 24/1999 s 13(b)	16.5.1999
s 99(2ab)	inserted by 55/2001 s 6(b)	13.1.2002
s 99(2b)	inserted by 24/1999 s 13(b)	16.5.1999
s 99(3a)	inserted by 24/1999 s 13(c)	16.5.1999
amended by 78/2009 s 19(1)	1.8.2010
s 99(3b)	inserted by 24/1999 s 13(c)	16.5.1999
s 99(4)	substituted by 67/1996 s 32	17.10.1996
s 99(5) and (6)	inserted by 67/1996 s 32	17.10.1996
s 99	deleted by 85/2009 Sch 1 cl 21	9.12.2011
s 99AA	inserted by 51/1995 s 5	30.10.1995
s 99AA(a1)	inserted by 78/2009 s 10(1)	1.8.2010
amended by 43/2016 s 39(1)	3.10.2017
substituted by 36/2017 s 11(1)	4.3.2018
s 99AA(1)	amended by 38/2007 s 4(1)	9.12.2007
(b) deleted by 38/2007 s 4(1)	9.12.2007
amended by 78/2009 s 10(2)	1.8.2010
amended by 43/2016 s 39(2)	3.10.2017
amended by 36/2017 s 11(2)	4.3.2018
amended by 18/2017 Sch 1	5.3.2018
s 99AA(2)	substituted by 38/2007 s 4(2)	9.12.2007
s 99AA(3)	amended by 38/2007 s 4(3), (4)	9.12.2007
amended by 18/2017 Sch 1	5.3.2018
s 99AA(4)	amended by 44/2006 s 65(1), (2)	18.1.2007
substituted by 38/2007 s 4(5)	9.12.2007
s 99AAB	inserted by 38/2007 s 5	9.12.2007
s 99AAB(2)	amended by 78/2009 s 11	1.8.2010
s 99AAC	inserted by 78/2009 s 12	1.8.2010
s 99AAC(1)	amended by 43/2016 s 40(1)	3.10.2017
amended by 36/2017 s 12(1)	4.3.2018
s 99AAC(2)	amended by 43/2016 s 40(2)	3.10.2017
amended by 36/2017 s 12(2)	4.3.2018
amended by 18/2017 Sch 1	5.3.2018
s 99AAC(3)	amended by 18/2017 Sch 1	5.3.2018
s 99AAC(4)	amended by 43/2016 s 40(3)	3.10.2017
amended by 36/2017 s 12(3), (4)	4.3.2018
amended by 18/2017 Sch 1	5.3.2018
s 99AAC(5) and (6)	amended by 18/2017 Sch 1	5.3.2018
s 99AAC(7)	amended by 43/2016 s 40(4)—(10)	3.10.2017
amended by 36/2017 s 12(5)—(11)	4.3.2018
amended by 18/2017 Sch 1	5.3.2018
s 99AAC(8)
Chief Executive	substituted by 64/2017 s 130(1)	22.10.2018
child sexual offence	amended by 28/2016 s 34	16.6.2016
amended by 41/2017 s 15	24.10.2017
Minister	amended by 64/2017 s 130(2)	22.10.2018
s 99A	deleted by 78/2009 s 13	1.8.2010
s 99B before deletion by 85/2009
s 99B(1)	amended by 78/2009 s 19(1)	1.8.2010
s 99B(2)	substituted by 24/1999 s 14(a)	16.5.1999
s 99B(3) and (4)	substituted by 24/1999 s 14(b)	16.5.1999
s 99B(5)	amended by 24/1999 s 14(c)	16.5.1999
s 99B(5a)	inserted by 24/1999 s 14(d)	16.5.1999
s 99B(7)	amended by 78/2009 s 19(1), (2)	1.8.2010
s 99B	deleted by 85/2009 Sch 1 cl 23	9.12.2011
s 99C
s 99C(1)	amended by 43/2016 s 41	3.10.2017
amended by 36/2017 s 13	4.3.2018
s 99C(2)	substituted by 24/1999 s 15(a)	16.5.1999
amended by 43/2016 s 41	3.10.2017
amended by 36/2017 s 13	4.3.2018
amended by 18/2017 Sch 1	5.3.2018
s 99C(3)	amended by 18/2017 Sch 1	5.3.2018
s 99C(3a)	inserted by 23/2004 s 25	1.9.2004
deleted by 78/2009 s 14	1.8.2010
s 99C(4)—(6)	substituted by 24/1999 s 15(b)	16.5.1999
amended by 18/2017 Sch 1	5.3.2018
s 99C(7) and (8)	inserted by 24/1999 s 15(b)	16.5.1999
amended by 18/2017 Sch 1	5.3.2018
s 99CA before deletion by 85/2009	inserted by 23/2004 s 26	1.9.2004
s 99CA(1)	amended by 78/2009 s 19(1)	1.8.2010
s 99CA	deleted by 85/2009 Sch 1 cl 25	9.12.2011
s 99D before deletion by 85/2009
s 99D(1)	amended by 51/1995 s 6	30.10.1995
amended by 24/1999 s 16(a)	16.5.1999
amended by 78/2009 s 19(1)	1.8.2010
s 99D(2)	amended by 24/1999 s 16(b)	16.5.1999
s 99D	deleted by 85/2009 Sch 1 cl 25	9.12.2011
s 99E before substitution by 36/2017
s 99E(1)	s 99E redesignated as s 99E(1) by 24/1999 s 17	16.5.1999
s 99E(2)	inserted by 24/1999 s 17	16.5.1999
s 99E(3)	inserted by 24/1999 s 17	16.5.1999
amended by 78/2009 s 19(1), (2)	1.8.2010
s 99E(4)	inserted by 24/1999 s 17	16.5.1999
amended by 78/2009 s 19(1)	1.8.2010
deleted by 85/2009 Sch 1 cl 26	9.12.2011
s 99E	substituted by 36/2017 s 14	4.3.2018
s 99F
s 99F(1)	amended by 78/2009 ss 15, 19(1)	1.8.2010
(c) deleted by 78/2009 s 15	1.8.2010
amended by 18/2017 Sch 1	5.3.2018
s 99F(1a)	inserted by 24/1999 s 18(a)	16.5.1999
amended by 17/2006 s 232	4.9.2006
amended by 18/2017 Sch 1	5.3.2018
s 99F(2)	deleted by 85/2009 Sch 1 cl 27(2)	9.12.2011
s 99F(3)	substituted by 67/1996 s 33	17.10.1996
amended by 24/1999 s 18(b)	16.5.1999
amended by 18/2017 Sch 1	5.3.2018
s 99G
s 99G(1)	amended by 43/2016 s 42	3.10.2017
amended by 78/2009 s 19(1)	1.8.2010
amended by 36/2017 s 15(1), (2)	4.3.2018
s 99G(2)	amended by 78/2009 s 19(1)	1.8.2010
amended by 43/2016 s 42	3.10.2017
amended by 36/2017 s 15(3), (4)	4.3.2018
s 99H
s 99H(1) and (3)	amended by 18/2017 Sch 1	5.3.2018
s 99H(4)	amended by 78/2009 s 19(1)	1.8.2010
amended by 18/2017 Sch 1	5.3.2018
s 99H(6)	amended by 18/2017 Sch 1	5.3.2018
s 99I
s 99I(1)	amended by 78/2009 s 16(1)	1.8.2010
s 99I(2)	amended by 78/2009 s 19(1), (2)	1.8.2010
s 99I(3)	amended by 18/2017 Sch 1	5.3.2018
s 99I(5)	inserted by 38/2007 s 6	9.12.2007
s 99I(6)	inserted by 78/2009 s 16(2)	1.8.2010
s 99J	amended by 17/2006 s 233	4.9.2006
amended by 43/2016 s 43(1), (2)	3.10.2017
amended by 36/2017 s 16(1), (2)	4.3.2018
amended by 18/2017 Sch 1	5.3.2018
s 99K	amended by 18/2017 Sch 1	5.3.2018
s 99KA	inserted by 78/2009 s 17	1.8.2010
s 99KA(1) and (2)	amended by 18/2017 Sch 1	5.3.2018
s 99KA(4)	amended by 18/2017 Sch 1	5.3.2018
amended by 64/2017 s 131	22.10.2018
s 99KA(5)	amended by 18/2017 Sch 1	5.3.2018
s 99L	deleted by 85/2009 Sch 1 cl 31	9.12.2011
Pt 5 before substitution by 18/2017	amended by 64/1976 s 2	25.11.1976
amended by 115/1976 ss 19, 20	23.12.1976
amended by 31/1977 s 14	1.9.1977
amended by 109/1981 ss 48—57	1.2.1982
amended by 66/1983 ss 6—8	14.11.1983
amended by 77/1984 s 4	1.1.1985

amended by 78/1984 s 3	15.11.1984
amended by 107/1984 s 10	20.12.1984
amended by 6/1985 s 4(j)—(r)	7.7.1985
amended by 60/1987 s 5	17.9.1987
amended by 51/1988 ss 61—65	1.1.1989
amended by 33/1989 ss 4—9	1.1.1990
amended by 33/1991 s 12	6.6.1991
amended by 49/1991 Sch 2	6.7.1992
substituted by 72/1991 s 44	6.7.1992
Pt 4 Div 8	inserted by 28/2022 s 3	18.12.2022
Pt 5 Div 1
s 102
s 102(3)	amended by 43/1994 s 20(a)	9.6.1994
s 102(3a)	inserted by 43/1994 s 20(b)	9.6.1994
amended by 43/2016 s 44	3.10.2017
s 103
s 103(3a)	inserted by 37/2001 s 4(a)	3.8.2001
s 103(3aa)	inserted by 43/2012 s 37	1.7.2013
s 103(4)	inserted by 43/1994 s 21	9.6.1994
s 103(5)	inserted by 12/2012 s 50	17.6.2012
Pt 5 Div 2
s 104
s 104(1)	amended by 42/1999 s 55(a), (b)	3.10.1999
amended by 52/2004 s 10(1), (2)	30.1.2005
amended by 74/2005 s 13(1)	1.3.2007
amended by 7/2008 s 26(1)	23.11.2008
amended by 36/2017 s 17(1)	4.3.2018
s 104(2)	amended by 42/1999 s 55(c)	3.10.1999
amended by 74/2005 s 13(2)	1.3.2007
s 104(3)	substituted by 65/1995 s 9	3.3.1996
amended by 16/2015 s 30(1)	1.7.2016
amended by 43/2016 s 45(1)	3.10.2017
s 104(4)	substituted by 65/1995 s 9	3.3.1996
amended by 16/2015 s 30(2)—(5)	1.7.2016
s 104(4a)	inserted by 16/2015 s 30(6)	1.7.2016
s 104(5)	deleted by 65/1995 s 9	3.3.1996
s 104(5)	inserted by 52/2004 s 10(3)	30.1.2005
substituted by 7/2008 s 26(2)	23.11.2008
s 104(6)	inserted by 62/1993 s 38	1.7.1993
amended by 78/2009 s 18	1.8.2010
deleted by 43/2016 s 45(2)	3.10.2017
s 104(7)	inserted by 74/2005 s 13(3)	1.3.2007
deleted by 36/2017 s 17(2)	4.3.2018
Note	deleted by 16/2015 s 30(7)	1.7.2016
s 105
s 105(1)	amended by 43/2012 s 38(1)	1.7.2013
s 105(2)	amended by 43/2012 s 38(2)	1.7.2013
s 105(4a)	inserted by 37/2001 s 4(b)	3.8.2001
amended by 43/2012 s 38(3)	1.7.2013
s 106
s 106(1)	amended by 17/2006 s 234(1), (2)	4.9.2006
s 106(2)	amended by 44/2006 s 66	18.1.2007
s 106(3)	amended by 17/2006 s 234(3)	4.9.2006
amended by 28/2016 s 35	16.6.2016
amended by 16/2015 s 31	1.7.2016
s 107
s 107(3)	amended by 62/1993 s 39	1.7.1993
amended by 43/2016 s 46	3.10.2017
s 107(5) and (6)	substituted by 74/2005 s 14	1.3.2007
Pt 5 Div 3
s 108
s 108(1)	inserted by 43/2012 s 39	1.7.2013
s 108(2)	s 108 redesignated as s 108(2) by 43/2012 s 39	1.7.2013
Pt 5 Div 4
s 112	amended by 27/1995 s 23	4.5.1995
s 113	amended by 26/1992 s 12	6.7.1992
Pt 5 Div 5
heading	amended by 43/2012 s 40	1.7.2013
s 114	amended by 43/2012 s 41	1.7.2013
Pt 5	substituted by 18/2017 s 7	5.3.2018
Pt 5 Div 1
s 103
s 103(1)	substituted by 4/2023 s 12	22.6.2023
Pt 5 Div 3
s 108
s 108(3)	inserted by 35/2020 s 4	2.11.2020
s 111
s 111(6)	amended by 57/2021 s 9	1.6.2022
s 114
s 114(3)	amended by 57/2021 s 10	1.6.2022
Pt 5 Div 3A	inserted by 35/2020 s 5	2.11.2020
Pt 5
s 117
s 117(3)	amended by 45/2019 Sch 1 cl 13	1.1.2021
Pt 5 Div 5
s 123
s 123(2)	amended by 9/2018 s 4(1)	9.8.2018
s 123(5)	amended by 9/2018 s 4(2)	9.8.2018
s 124
s 124(8)	substituted by 25/2022 s 4	8.3.2023
Pt 5 Div 6
s 133	amended by 35/2020 s 6(1)	2.11.2020
(c) deleted by 35/2020 s 6(2)	2.11.2020
Pt 6	amended by 26/1982 ss 14—17	1.8.1982
amended by 68/1982 s 12	1.8.1982
amended by 6/1985 s 4(s), (t)	7.7.1985
amended by 51/1988 ss 66, 67	1.1.1989
deleted by 72/1991 s 45	6.7.1992
Pt 6	inserted by 18/2017 s 7	5.3.2018
s 146
s 146(1) and (3)—(6)	amended by 45/2019 Sch 1 cl 14	1.1.2021
s 147
s 147(1) and (3)—(6)	amended by 45/2019 Sch 1 cl 15	1.1.2021
s 148
s 148(1) and (3)—(6)	amended by 45/2019 Sch 1 cl 16	1.1.2021
s 149	amended by 45/2019 Sch 1 cl 17	1.1.2021
Pt 6A	inserted by 18/2017 s 7	5.3.2018
s 152	amended by 45/2019 Sch 1 cl 18	1.1.2021
s 153
s 153(2)—(7)	amended by 45/2019 Sch 1 cl 19	1.1.2021
s 154
s 154(1) and (2)	amended by 45/2019 Sch 1 cl 20	1.1.2021
s 155
s 155(1) and (2)	amended by 45/2019 Sch 1 cl 21	1.1.2021
s 157
s 157(1)	amended by 45/2019 Sch 1 cl 22	1.1.2021
amended by 57/2021 s 11(1)	1.6.2022
s 157(2)	amended by 45/2019 Sch 1 cl 22	1.1.2021
s 157(3)	inserted by 57/2021 s 11(2)	1.6.2022
s 158
s 158(1)—(8)	amended by 45/2019 Sch 1 cl 23	1.1.2021
s 159
s 159(1)—(3) and (5)	amended by 45/2019 Sch 1 cl 24	1.1.2021
s 160
s 160(1)—(3)	amended by 45/2019 Sch 1 cl 25	1.1.2021
s 161
s 161(1) and (2)	amended by 45/2019 Sch 1cl 26	1.1.2021
s 162
s 162(1) and (3)	amended by 45/2019 Sch 1 cl 27	1.1.2021
s 163	amended by 45/2019 Sch 1 cl 28(1), (2)	1.1.2021
s 164	amended by 45/2019 Sch 1 cl 29	1.1.2021
s 165
s 165(1) and (2)	amended by 45/2019 Sch 1 cl 30(1)	1.1.2021
s 165(3) and (4)	deleted by 45/2019 Sch 1 cl 30(2)	1.1.2021
s 166	amended by 45/2019 Sch 1 cl 31	1.1.2021
s 167
s 167(3)	amended by 45/2019 Sch 1 cl 32	1.1.2021
s 168	amended by 45/2019 Sch 1 cl 33	1.1.2021
s 170
s 170(2) and (3)	amended by 45/2019 Sch 1 cl 34	1.1.2021
s 171
s 171(1) and (2)	amended by 45/2019 Sch 1 cl 35	1.1.2021
s 172
s 172(1)	amended by 45/2019 Sch 1 cl 36	1.1.2021
s 173
s 173(1) and (2)	amended by 45/2019 Sch 1 cl 37	1.1.2021
Pt 7
ss 175—179	inserted by 18/2017 s 8	5.3.2018
s 180	inserted by 18/2017 s 8	5.3.2018
s 180(1a)	inserted by 21/2019 s 10(1)	7.11.2019
s 180(4)	amended by 21/2019 s 10(2), (3)	7.11.2019
Heading preceding s 181	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 181	substituted by 72/1991 s 46	6.7.1992
s 181(1)	amended by 43/2016 s 47	3.10.2017
s 181(2)	amended by 43/2016 s 47	3.10.2017
amended by 18/2017 Sch 1	5.3.2018
s 182	substituted by 72/1991 s 46	6.7.1992
s 182(1) and (2)	amended by 18/2017 Sch 1	5.3.2018
Heading preceding s 183	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 183	deleted by 72/1991 s 46	6.7.1992
inserted by 41/1998 s 9	1.10.1998
amended by 18/2017 Sch 1	5.3.2018
s 184	deleted by 72/1991 s 46	6.7.1992
inserted by 41/1998 s 9	1.10.1998
s 184(1)	amended by 84/2009 s 346	1.2.2010
amended by 62/2016 s 14	8.12.2016
amended by 18/2017 Sch 1	5.3.2018
s 184(2)	amended by 18/2017 Sch 1	5.3.2018
ss 185—187	deleted by 72/1991 s 46	6.7.1992
Heading preceding s 187AA	substituted by 104/1988 s 2	15.12.1988
deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 187AA	substituted by 104/1988 s 2	15.12.1988
Heading preceding s 187A	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003
s 187A
s 187A(1)	amended by 26/1982 s 18(a)	1.8.1982
amended by 72/1991 s 47(a)	6.7.1992
amended by 43/2016 s 48(1), (2)	3.10.2017
amended by 18/2017 Sch 1	5.3.2018
s 187A(1a)	inserted by 26/1982 s 18(b)	1.8.1982
substituted by 72/1991 s 47(b)	6.7.1992
amended by 18/2017 Sch 1	5.3.2018
s 187AB and heading	inserted by 6/1985 s 4(u)	7.7.1985
deleted by 72/1991 s 48	6.7.1992
s 187B and heading	deleted by 51/1988 s 68	1.1.1989
s 188	amended by 49/1991 Sch 2	6.7.1992
substituted by 72/1991 s 48	6.7.1992
s 188(1)—(3)	amended by 18/2017 Sch 1	5.3.2018
s 189 before substitution by 31/2011	substituted by 72/1991 s 48	6.7.1992
s 189(1)	substituted by 62/1993 s 40(a)	1.7.1993
amended by 24/1999 s 19(a)	16.5.1999
s 189(2a)	inserted by 24/1999 s 19(b)	16.5.1999
s 189(5)	substituted by 62/1993 s 40(b)	1.7.1993
s 189(8)	inserted by 24/1999 s 19(c)	16.5.1999
complainant	inserted by 85/2009 Sch 1 cl 32	9.12.2011
restraining order	substituted by 85/2009 Sch 1 cl 32	9.12.2011
s 189	substituted by 31/2011 s 18	1.7.2012
amended by 18/2017 Sch 1	5.3.2018
s 189A	inserted by 31/2011 s 18	1.7.2012
s 189A(1)	(b) deleted by 31/2013 s 47	3.2.2014
s 189A(2) and (3)	amended by 18/2017 Sch 1	5.3.2018
s 189B	inserted by 31/2011 s 18	1.7.2012
amended by 18/2017 s 9, Sch 1	5.3.2018
amended by 9/2018 s 5	9.8.2018
s 189C	inserted by 31/2011 s 18	1.7.2012
s 189C(1)	amended by 43/2016 s 49(1), (2)	3.10.2017
amended by 18/2017 Sch 1	5.3.2018
s 189C(2)
complainant—see informant
informant	complainant amended to read informant by 43/2016 s 49(3)	3.10.2017
s 189D	inserted by 31/2011 s 18	1.7.2012
s 189D(1)—(4)	amended by 18/2017 Sch 1	5.3.2018
s 190	substituted by 72/1991 s 48	6.7.1992
s 191	substituted by 72/1991 s 48	6.7.1992
s 191(2)	amended by 18/2017 Sch 1	5.3.2018
s 191(3)	inserted by 18/2017 Sch 1	5.3.2018
s 191A	inserted by 18/2017 s 10	5.3.2018
s 192	substituted by 72/1991 s 48	6.7.1992
s 192(1)	s 192 redesignated as s 192(1) by 18/2017 Sch 1	5.3.2018
s 192(2)	inserted by 18/2017 Sch 1	5.3.2018
ss 193—203 and headings	amended by 26/1982 s 19	1.8.1982
deleted by 72/1991 s 48	6.7.1992
Schs 1 and 2	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003
Sch 3	inserted by 72/1991 s 49	6.7.1992
amended by 59/1994 Sch 2	1.1.1995
amended by 80/1999 Sch para (c)	25.12.1999
deleted by 26/2002 s 19(2) (Sch 3 cl 9(g))	5.7.2003
Sch 4	inserted by 72/1991 s 49	6.7.1992
amended by 59/1994 Sch 2	1.1.1995
deleted by 26/2002 s 19(2) (Sch 3 cl 9(g))	5.7.2003

Transitional etc provisions associated with Act or amendments

Statutes Repeal and Amendment (Courts) Act 1991

22Transitional provisions – general

(1)
This section applies to amendments made by this Act or the Justices Amendment Act 1991.
(2)
The following transitional provisions apply in relation to those amendments:
(a)
if the effect of the amendment is to reduce the penalty for an offence, the amendment applies whether the offence was committed before or after the amendment takes effect;
(b)
if the effect of the amendment is to increase the penalty for an offence, the amendment applies only to offences committed after it takes effect;
(c)
if the effect of the amendment is to increase or remove a time limit for commencing proceedings for an offence, the previous limit applies in respect of an offence committed before the amendment takes effect;
(d)
an amendment affecting the classification of an offence as summary or indictable does not apply in relation to an offence committed before the amendment takes effect.

Summary Procedure (Restraining Orders) Amendment Act 1994

5Transitional provision

An order in force or registered under Part 4 Division 7 of the principal Act immediately before the commencement of this Act continues to have effect as if it were an order in force or registered under that Part as substituted by this Act.

Statutes Amendment and Repeal (Justice Portfolio) Act 1999

56Transitional provision

Section 104 of the principal Act, as amended by this Part, applies in relation to proceedings commenced before or after the commencement of this Part.

Criminal Law (Sentencing) (Sentencing Procedures) Amendment Act 2001

5Transitional provision

The amendments made by the Act are to be considered procedural rather than substantive.

Statutes Amendment (Courts and Judicial Administration) Act 2001

31Transitional provision

The amendments made to the principal Act by this Part do not apply in respect of an offence committed before the commencement of this Part.

Statutes Amendment (Courts Efficiency Reforms) Act 2012

42Transitional provisions

(1)
The amendment made to section 76A of the Summary Procedure Act 1921 by section 36 applies in respect of convictions and orders made before or after the commencement of the amendment.
(2)
The amendments made to sections 103, 105 and 108 of the Summary Procedure Act 1921 by sections 37, 38 and 39—
(a)
do not apply in respect of the procedure to be followed after the commencement of this Part in proceedings commenced before that commencement (and such proceedings are to proceed as if this Act had not been enacted); and
(b)
apply in respect of the procedure to be followed in proceedings commenced after that commencement.

Summary Procedure (Abolition of Complaints) Amendment Act 2016, Sch 1 Pt 2—Transitional provision

2Certain statements to have effect as affidavits

(1)
For the purposes of section 104(3) of the Summary Procedure Act 1921 (as amended by this Act), a requirement under that subsection that a statement be in the form of an affidavit will be taken to be satisfied if the statement is in the form of a written statement verified by declaration made before the commencement of this clause and in the form prescribed by the rules (as in force immediately before the commencement of this clause).
(2)
In this clause—
rules has the same meaning as in the Summary Procedure Act 1921.

Summary Procedure (Indictable Offences) Amendment Act 2017, Sch 2 Pt 14

41Transitional provision

The amendments made by this Act apply to proceedings relating to an offence that are commenced after the commencement of this Act, regardless of when the offence occurred (and the Acts amended by this Act, as in force before the commencement of this Act, continue to apply to proceedings that were commenced before the commencement of this Act).

Criminal Procedure (Miscellaneous) Amendment Act 2018, Sch 1—Transitional provision

1Application of amendment

Section 189B of the Criminal Procedure Act 1921, as in force after the commencement of section 5, applies in relation to proceedings whether commenced before or after the commencement of section 5.

Statutes Amendment (Stealthing and Consent) Act 2022, Pt 3

5Transitional provision

The amendments made by this Part apply to proceedings relating to an offence that are commenced after the commencement of this Part, regardless of when the offence occurred.

Historical versions

Reprint No 2—6.7.1992
Reprint No 3—4.3.1993
Reprint No 4—1.7.1993
Reprint No 5—9.6.1994
Reprint No 6—1.8.1994
Reprint No 7—1.1.1995
Reprint No 8—4.5.1995
Reprint No 9—30.10.1995
Reprint No 10—3.3.1996
Reprint No 11—17.10.1996
Reprint No 12—3.2.1997
Reprint No 13—1.10.1998
Reprint No 14—16.5.1999
Reprint No 15—3.10.1999
Reprint No 16—25.12.1999
Reprint No 17—6.3.2000
Reprint No 18—3.8.2001
Reprint No 19—13.1.2002
Reprint No 20—3.2.2002
Reprint No 21—5.7.2003
Reprint No 22—24.7.2003
Reprint No 23—18.12.2003
1.9.2004
30.1.2005
15.5.2006
4.9.2006
18.1.2007
1.3.2007
9.12.2007
23.11.2008
20.12.2009
1.2.2010
1.8.2010
9.12.2011
17.6.2012
1.7.2012
1.7.2013
3.2.2014
16.6.2016
1.7.2016
8.12.2016
1.7.2017
3.10.2017
24.10.2017
4.3.2018 (electronic only)
5.3.2018
30.4.2018
9.8.2018
22.10.2018
7.11.2019
2.11.2020
1.1.2021
1.6.2022
18.12.2022
8.3.2023
11.5.2023