Criminal Procedure Act 1986 (NSW)
Court Information Act 2010 No 24 (not commenced)
Crimes Legislation Amendment (Coercive Control) Act 2022 No 65 (not commenced)
Tobacco Legislation (Closure Orders) Amendment Act 2025 No 51 (not commenced — to commence on 3.11.2025)
Crimes Amendment (Intimate Image and Audio Material) Act 2025 No 57 (not commenced)
Local Court and Bail Legislation Amendment Act 2025 No 61, Sch 2.31 (not commenced)
Victims Rights and Victims of Crime Commissioner Act 2025 No 64 (not commenced)
Crimes Amendment (Animal Sexual Abuse) Act 2025 No 67 (not commenced)
Public Health (Tobacco) Amendment (Illicit Tobacco) Bill 2025 [Non-government Bill— Ms K A Sloane, MP]
Criminal Procedure and Other Legislation Amendment (Criminal Proceedings) Bill 2025
An Act relating to the prosecution of indictable offences, the listing of criminal proceedings before the Supreme Court and the District Court, committal proceedings and proceedings for summary offences and the giving of certain indemnities and undertakings; and for other purposes.
This Act may be cited as the Criminal Procedure Act 1986.
Sections 1 and 2 shall commence on the date of assent to this Act.
Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.
In this Act, except in so far as the context or subject-matter otherwise indicates or requires—
(a) a registrar of a court, or
(b) an employee of the Attorney General’s Department authorised by the Attorney General as an authorised officer for the purposes of this Act.
(a) the Supreme Court, the Court of Criminal Appeal, the Land and Environment Court, the Industrial Relations Commission, the District Court or the Local Court, or
(b) any other court that, or person who, exercises criminal jurisdiction,
but, subject to the Children (Criminal Proceedings) Act 1987, does not include the Children’s Court or any other court that, or person who, exercises the functions of the Children’s Court.
(a) an offence under section 43B, 45, 45A, 61B, 61C, 61D, 61E, 61I, 61J, 61JA, 61K, 61KC, 61KD, 61KE, 61KF, 61L, 61M, 61N, 61O, 63, 65, 65A, 66, 66A, 66B, 66C, 66D, 66DA, 66DB, 66DC, 66DD, 66DE, 66DF, 66EA, 66EB, 66EC, 66F, 67, 68, 71, 72, 72A, 73, 73A, 74, 76, 76A, 78A, 78B, 78H, 78I, 78K, 78L, 78M, 78N, 78O, 78Q, 79, 80, 80A, 80D, 80E, 81, 81A, 81B, 87, 89, 90, 90A, 91, 91A, 91B, 91D, 91E, 91F, 91G, 91P, 91Q, 91R, 316 (if the concealed serious indictable offence is a prescribed sexual offence) or 316A of the Crimes Act 1900, or
(b) an offence that, at the time it was committed, was a prescribed sexual offence for the purposes of this Act or the Crimes Act 1900, or
(c) an offence (including an offence under section 86 of the Crimes Act 1900) that includes the commission of, or an intention to commit, an offence referred to in paragraph (a) or (b), or
(d) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in paragraph (a), (b) or (c).
(a) an employee in the Public Service or the NSW Police Force,
(b) an officer or employee of a statutory body representing the Crown,
(c) an employee of a council within the meaning of the Local Government Act 1993,
(d) a member of staff of Local Land Services,
(e) the Director of Public Prosecutions, Deputy Director of Public Prosecutions or Solicitor for Public Prosecutions,
(f) an officer or employee of a body declared by the regulations to be a public body for the purposes of this definition.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
Notes included in this Act are explanatory notes and do not form part of this Act.
In the absence of evidence to the contrary, a person specified in paragraphs (a)–(f) of the definition of
In this Act, a reference to the
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
The Rule Committee for a court may make rules, not inconsistent with this or any other Act, for or with respect to the following matters—
(a) any matter that is required or permitted to be prescribed by rules, or that is necessary or convenient to be prescribed by rules, in relation to the practice or procedure to be followed to give effect to this Act,
(b) any matter incidental to, or relating to, any such practice or procedure.
The rules are to be made in accordance with the Act under which the court is constituted.
The regulations may make provision for or with respect to the following matters—
(a) the fees payable to a court in relation to the conduct of criminal proceedings in the court, including fees for the following—
(i) the filing or registration of any document in the court,
(ii) the sealing or other authentication of any document that has been filed in the court,
(iii) the issue of any document out of the court,
(b) the fees payable in relation to the functions exercised by the Sheriff in relation to criminal proceedings,
(c) the fees payable for administrative services provided by a registrar or other officer of the court, whether in connection with the administration of this Act or otherwise,
(d) the payment of fees under this Act, including—
(i) the waiver, postponement or remission, in part or in whole, of the fees, and
(ii) the persons to whom the fees are payable, and
(iii) the time at which the fees become due, and
(iv) the persons liable to pay the fees.
A regulation made under subsection (1)(d)(i) may authorise a registrar of a court or the Sheriff to—
(a) waive, postpone or remit fees payable to the court or the Sheriff, as relevant, and
(b) impose conditions on the waiver, postponement or remission of the fees.
A reference in subsection (1A) to a registrar is, in relation to the Supreme Court, a reference to—
(a) the Principal Registrar of the Court, or
(b) another registrar of the Court nominated by the Principal Registrar.
Fees of the kind referred to in subsection (1) (a) or (b) are not payable by the Crown, or by any person acting on behalf of the Crown, with respect to any criminal proceedings prosecuted by—
(a) the Crown,
(b) any Minister of the Crown,
(c) any person or body prescribed by the regulations or belonging to a class of persons or bodies so prescribed.
Despite subsection (2), such fees are payable by any NSW Government agency or statutory body representing the Crown prescribed by the regulations for the purposes of this subsection.
Subsection (2) does not prevent the recovery by the Crown or any such person or body of any fees that would, had they been paid by the Crown or any such person or body, have been so recoverable.
Unpaid fees may be recovered by the person to whom they are payable, as a debt, in any court of competent jurisdiction.
In this section,
(a) committal proceedings,
(b) proceedings relating to bail,
(c) proceedings relating to sentence,
(d) proceedings on an appeal against conviction or sentence.
An offence must be dealt with on indictment unless it is an offence that under this or any other Act is permitted or required to be dealt with summarily.
An offence may be dealt with on indictment if it is an offence that under this or any other Act is permitted to be dealt with summarily or on indictment.
The following offences must be dealt with summarily—
(a) an offence that under this or any other Act is required to be dealt with summarily,
(b) an offence that under this or any other Act is described as a summary offence,
(c) an offence for which the maximum penalty that may be imposed is not, and does not include, imprisonment for more than 2 years, excluding the following offences—
(i) an offence that under any other Act is required or permitted to be dealt with on indictment,
(ii) an offence listed in Table 1 or 2 to Schedule 1.
An offence may be dealt with summarily if it is an offence that under this or any other Act is permitted to be dealt with summarily or on indictment.
An offence that is permitted or required to be dealt with summarily is to be dealt with by the Local Court.
This section does not apply to an offence that, under this or any other Act, is required to be dealt with summarily otherwise than by the Local Court.
All offences shall be punishable by information (to be called an indictment) in the Supreme Court or the District Court, on behalf of the Crown, in the name of the Attorney General or the Director of Public Prosecutions.
Such an indictment may be presented or filed whether or not the person to whom the indictment relates has been committed for trial in respect of an offence specified in the indictment.
This section does not apply to offences that are required to be dealt with summarily.
This section does not affect any law or practice that provides for an indictable offence to be dealt with summarily.
Any prosecution or proceedings instituted by the Attorney General or the Director of Public Prosecutions in respect of any offence (whether an indictable offence or a summary offence) may be instituted in either the official name or the personal name of the Attorney General or the Director of Public Prosecutions.
Unless a contrary intention appears, a provision of an Act relating to an offence applies to bodies corporate as well as to individuals.
On arraignment, a body corporate may enter a plea of “guilty” or “not guilty” by means of writing signed by its representative.
If no such plea is entered the court is to enter a plea of “not guilty”, and the trial is to proceed as though the body corporate had pleaded “not guilty”.
A representative of a body corporate need not be appointed under the body’s seal.
A written statement that—
(a) purports to be signed by one of the persons having the management of the affairs of the body corporate, and
(b) contains a statement to the effect that a named person is the body’s representative,
is admissible as evidence that the named person has been so appointed.
The description of any offence in the words of an Act or statutory rule or other document creating the offence, or in similar words, is sufficient in law.
For the purposes of this or any other Act, a summary offence, or an indictable offence that may be dealt with summarily, is taken to be sufficiently stated or described if it is stated or described by the use of a short expression that describes the offence in general terms.
This section applies to a statement or description of an offence in any court attendance notice, warrant, subpoena, notice, order or other document.
Nothing in this section affects any other method of stating or describing an offence.
Nothing in this section affects any requirement made by or under this Act in relation to the form of a court attendance notice or any other document.
New South Wales is a sufficient venue for all places, whether the indictment is in the Supreme Court or any other court having criminal jurisdiction.
However, some district or place within, at or near which the offence is charged to have been committed must be mentioned in the body of the indictment.
Any such district or place is to be taken to be in New South Wales, and within the jurisdiction of the court, unless the contrary is shown.
(cf Fines and Penalties Act 1901 sec 4)
A prosecution or proceeding in respect of any offence under an Act may be instituted by any person unless the right to institute the prosecution or proceeding is expressly conferred by that Act on a specified person or class of persons.
An officer of ICAC does not have the power to commence proceedings for an offence unless the Director of Public Prosecutions has advised the Independent Commission Against Corruption in writing that the proceedings may be commenced by an officer of ICAC.
An officer of LECC does not have the power to commence proceedings for an offence unless the Director of Public Prosecutions has advised the Law Enforcement Conduct Commission in writing that the proceedings may be commenced by an officer of LECC.
For the purposes of subsections (1) and (2), the Director of Public Prosecutions may liaise with the Independent Commission Against Corruption or Law Enforcement Conduct Commission, but is to act independently in deciding to advise that proceedings for the offence may be commenced.
In this section—
This Part applies, to the extent that it is capable of being applied, to all offences, however arising (whether under an Act or at common law), whenever committed and in whatever court dealt with.
In this Part—
An indictment is not bad, insufficient, void, erroneous or defective on any of the following grounds—
(a) for the improper insertion or omission of the words “as appears by the record”, “with force and arms”, “against the peace”, “against the form of the statute” or “feloniously”,
(b) for want of an averment of any matter unnecessary to be proved or necessarily implied,
(c) for want of a proper or perfect venue or a proper or formal conclusion,
(d) for want of any additional accused person or for any imperfection relating to any additional accused person,
(d1) if the indictment is for an offence under the Crimes Act 1900 relating to the destruction or loss of a foetus, regardless of the gestational age of the foetus—for stating the name of the foetus,
(e) for want of any statement of the value or price of any matter or thing, or the amount of damage or injury, if such value, price or amount is not of the essence of the offence,
(f) for designating any person by the name of his or her office, or other descriptive appellation, instead of by his or her proper name,
(g) except where time is an essential ingredient, for omitting to state the time at which an offence was committed, for stating the time wrongly or for stating the time imperfectly,
(h) for stating an offence to have been committed on a day subsequent to the finding of the indictment, on an impossible day or on a day that never happened,
(i) if the indictment was signed by an Australian legal practitioner who has been instructed to prosecute the proceedings to which the indictment relates on behalf of the Director of Public Prosecutions—for failure by the Director to authorise the Australian legal practitioner by order in writing under section 126 (2) to sign indictments for and on behalf of the Director.
No objection may be taken, or allowed, to any indictment by which criminal proceedings (including committal proceedings) in the Local Court or for any other offence that is to be dealt with summarily are commenced, or to any warrant issued for the purposes of any such proceedings, on the grounds of—
(a) any alleged defect in it in substance or in form, or
(b) any variance between it and the evidence adduced at the proceedings for the offence charged in the indictment or warrant.
An adjournment may be obtained under section 40 where there is a variance between the evidence adduced and the offence charged in the application or order.
An objection to an indictment for a formal defect apparent on its face must be taken, by demurrer or motion to quash the indictment, before the jury is sworn.
The court before which the objection is taken may cause the indictment to be amended and, in that case, the trial is to proceed as if there had been no defect.
The judgment against the accused person on demurrer is to be that the person “answer over” to the charge.
No traverse is to be allowed, or trial postponed, or time to plead to the indictment given, unless the court so orders.
However, if the court is of the opinion that the accused person ought to be allowed time, either to prepare for his or her defence or for any other reason, the court is to postpone the trial on such terms as it considers fit.
An indictment may not be amended after it is presented, except by the prosecutor—
(a) with the leave of the court, or
(b) with the consent of the accused.
This section does not affect the powers of the court under section 21.
For the purposes of this section, an amendment of an indictment includes the substitution of an indictment.
If of the opinion that an indictment is defective but, having regard to the merits of the case, can be amended without injustice, the court may make such order for the amendment of the indictment as it thinks necessary to meet the circumstances of the case.
If of the opinion—
(a) that an accused person may be prejudiced or embarrassed in his or her defence by reason of being charged with more than one offence in the same indictment, or
(b) that for any other reason it is desirable to direct that an accused person be tried separately for any one or more offences charged in an indictment,
the court may order a separate trial of any count or counts of the indictment.
If of the opinion that the postponement of an accused person’s trial is expedient as a consequence of it having amended an indictment or ordered a separate trial of a count, the court may make such order as appears necessary.
An order under this section may be made either before trial or at any stage during the trial.
The following provisions apply if an order is made under this section for a separate trial or for the postponement of a trial—
(a) if the order is made during the trial, the court may order that the jury be discharged from giving a verdict—
(i) on the count or counts in respect of which the trial is postponed, or
(ii) on the indictment,
as the case may be,
(b) the procedure on the separate trial of a count, and the procedure on the postponed trial, are to be the same in all respects (if the jury has been discharged) as if the trial had not commenced,
(c) subject to the Bail Act 2013, the court may commit the accused person to a correctional centre.
Any power of the court under this section is in addition to and not in derogation of any other power of the court for the same or similar purposes.
If any indictment is amended, a note of the order for amendment is to be endorsed on the indictment, and the indictment in its amended form is to be treated as the indictment for the purposes of the trial and all proceedings in connection with or consequent on the trial.
Any verdict or judgment given after the amendment of an indictment is to have the same force and effect as if the indictment had originally been in its amended form.
If it is necessary at any time to draw up a formal record of an indictment, the record may be drawn up in the words and form of the amended indictment, without notice of the fact of the amendment.
Up to 3 counts may be inserted in the same indictment, against the same person, for distinct offences of the same kind committed against the same person.
This section does not apply if more than 6 months have elapsed between the first and last of the offences.
Nothing in this section affects the right of the Crown to insert alternative counts in any indictment.
Any number of accessories (whether before or after the fact) may be charged with substantive serious indictable offences in the same indictment, and may be tried together, even though the principal offender is not included in the indictment, not in custody or not amenable to justice.
In an indictment against a person for an offence committed after the person was convicted of some previous offence (whether indictable or otherwise) it is sufficient, after charging the subsequent offence, to state that the accused person was (at a specified time and place) convicted of the previous offence, without particularly describing the previous offence.
If—
(a) an indictment relates to an instrument that is written or printed, or partly written and partly printed, or
(b) it is necessary to make an averment in an indictment with respect to an instrument that is written or printed, or partly written and partly printed,
it is sufficient to describe the instrument by any name or designation by which it is usually known, or by its purport, without setting out a copy of the instrument, or otherwise describing the instrument, and without stating the value of the instrument.
Without limiting the rule-making powers conferred by the Supreme Court Act 1970, rules may from time to time be made under that Act prescribing forms of indictments, records, informations, depositions, convictions, warrants and processes in all courts for any offence.
Any form prescribed by those rules is taken to be sufficient for the purpose, and to sufficiently state the offence, for which it is prescribed.
This Part applies, to the extent that it is capable of being applied, to all offences, however arising (whether under an Act or at common law), whenever committed and in whatever court dealt with.
In this Part—
A court may hear and determine together proceedings related to 2 or more offences alleged to have been committed by the same accused person in any of the following circumstances—
(a) the accused person and the prosecutor consent,
(b) the offences arise out of the same set of circumstances,
(c) the offences form or are part of a series of offences of the same or a similar character.
A court may hear and determine together proceedings related to offences alleged to have been committed by 2 or more accused persons in any of the following circumstances—
(a) the accused persons and the prosecutor consent,
(b) the offences arise out of the same set of circumstances,
(c) the offences form or are part of a series of offences of the same or a similar character.
Proceedings related to 2 or more offences or 2 or more accused persons may not be heard together if the court is of the opinion that the matters ought to be heard and determined separately in the interests of justice.
A court must hear and determine together proceedings for 2 or more offences if—
(a) the offences are alleged to have been committed by the same person, and
(b) the offences are—
(i) charged in the same indictment, or
(ii) listed for hearing on the same day and at the same place, and
(c) the prosecution has given notice that it intends to rely on tendency evidence or coincidence evidence that relates to more than 1 of the offences.
This section is subject to section 21(2).
In any criminal proceedings, if it appears to the court—
(a) that a fair or unprejudiced trial cannot otherwise be had, or
(b) that for any other reason it is expedient to do so,
the court may change the venue, and direct the trial to be held in such other district, or at such other place, as the court thinks fit, and may for that purpose make all such orders as justice appears to require.
Any rule of law, procedure or practice that permits a person who is charged with the commission of a criminal offence to make an unsworn statement or to give unsworn evidence in answer to the charge is abolished.
The Attorney General may, if of the opinion that it is appropriate to do so, grant a person an indemnity from prosecution (whether on indictment or summarily)—
(a) for a specified offence, or
(b) in respect of specified acts or omissions.
If the Attorney General grants such an indemnity, no proceedings may thereafter be instituted or continued against the person in respect of the offence or the acts or omissions.
Such an indemnity may be granted conditionally or unconditionally.
Such an indemnity may not be granted in respect of a summary offence that is not a prescribed summary offence, unless the Attorney General has consulted the Minister administering the enactment or instrument under which the offence is created.
The Attorney General may, if of the opinion that it is appropriate to do so, give to a person an undertaking that—
(a) an answer that is given, or a statement or disclosure that is made, by the person in the course of giving evidence in specified proceedings, or
(b) the fact that the person discloses or produces a document or other thing in specified proceedings,
being proceedings for an offence against a law of the State (whether an indictable offence or a summary offence), will not be used in evidence against the person.
If the Attorney General gives such an undertaking—
(a) an answer that is given, or a statement or disclosure that is made, by the person in the course of giving evidence in the specified proceedings, or
(b) the fact that the person discloses or produces a document or other thing in the specified proceedings,
is not admissible in evidence against the person in any civil or criminal proceedings, other than proceedings in respect of the falsity of evidence given by the person.
Such an undertaking may be given conditionally or unconditionally.
Such an undertaking may not be given in respect of a summary offence that is not a prescribed summary offence, unless the Attorney General has consulted the Minister administering the enactment or instrument under which the offence is created.
The Judge may order the accused person to enter the dock or other place of arraignment or may allow him or her to remain on the floor of the court, and in either case to sit down, as the Judge considers appropriate.
An accused person is entitled on his or her trial to inspect, without fee, all depositions taken against the person and returned to, or held by, the court before which he or she is on trial.
A prosecutor or accused person may appear personally or by an Australian legal practitioner or other person empowered by an Act or other law to appear for the prosecutor or accused person.
A prosecutor who is a police officer may appear personally or by a person permitted by subsection (1) or by a police prosecutor.
In any criminal proceedings relating to an offence for which a penalty notice was issued under this or any other Act, the prosecutor of the offence may be represented and appear by a police prosecutor.
Nothing in this section—
(a) requires a police prosecutor to represent or appear for any person, or
(b) prevents any person from appearing personally, or being represented and appearing by an Australian legal practitioner or other person empowered by an Act or other law to appear for the person, in any proceedings.
Law enforcement or investigating officers for alleged offences have a duty to disclose to prosecutors of the alleged offences all relevant information, documents or other things obtained during the investigation that might reasonably be expected to assist the case for the prosecution or the case for the accused person.
The duty of disclosure continues until one of the following happens—
(a) the prosecutor decides the accused person will not be prosecuted for the alleged offence,
(b) the prosecution is terminated,
(c) the accused person is convicted or acquitted.
Law enforcement or investigating officers for alleged offences also have a duty to keep the documents or other things referred to in subsection (1) for as long as the duty to disclose them continues under this section.
Subsection (3) does not affect any other legal obligation about the possession of the documents or other things.
The regulations may make provision about the duties of law enforcement or investigating officers under this section, including about—
(a) the recording of information, documents or other things, and
(b) verification of compliance with a duty imposed by this section.
The duty imposed by this section is in addition to any other duties of law enforcement or investigating officers in connection with the investigation and prosecution of offences.
The duty imposed by this section does not require law enforcement or investigating officers to provide the prosecutor with any information, document or other thing (
(a) is the subject of a claim of privilege, public interest immunity or statutory immunity, or
(b) would contravene a statutory publication restriction if provided.
The duty of a law enforcement or investigating officer in relation to protected material is to inform the prosecutor of—
(a) the existence of the material, and
(b) the nature of the material and the claim or publication restriction relating to it.
However, a law enforcement or investigating officer must provide the prosecutor with protected material if the prosecutor requests it be provided.
This section does not impose a duty on a law enforcement or investigating officer to provide information, documents or other things if the prosecutor is the Director of Public Prosecutions.
The Director of Public Prosecutions Act 1986, section 15A imposes comparable disclosure requirements on law enforcement or investigating officers in relation to the Director of Public Prosecutions.
The prosecutor’s case may be conducted by the prosecutor or by the prosecutor’s Australian legal practitioner or any other person permitted to appear for the prosecutor (whether under this or any other Act).
The accused person’s case may be conducted by the accused person or by the accused person’s Australian legal practitioner or any other person permitted to appear for the accused person (whether under this or any other Act).
In any proceedings for an offence (other than in the Supreme Court for an indictable offence), the procedures and practice for the examination and cross-examination of witnesses, and the right to address the court on the case in reply or otherwise, are, as far as practicable, to be conducted in accordance with Supreme Court procedure for the trial of an indictable offence.
The evidence of each witness in criminal proceedings must be recorded.
Rules may be made for or with respect to the manner in which the evidence may be recorded and the authentication of evidence or of transcripts of evidence given in proceedings.
A court may at any stage of criminal proceedings adjourn the proceedings generally, or to a specified day, if it appears to the court necessary or advisable to do so.
An adjournment may be in such terms as the court thinks fit.
A matter that is adjourned generally must be listed before the court or a registrar not later than 2 years after the adjournment.
Without limiting subsection (1), a court may, at the request of an accused person, adjourn criminal proceedings if it appears to the court that a variance between any process or document by which the proceedings were commenced and the evidence adduced in respect of the offence charged in that process or document is such that the accused person has been misled by the variance.
A court may, if bail is not dispensed with or granted to an accused person for the period of an adjournment, remand the accused person to a correctional centre or other place of security during the adjournment.
The warrant of commitment may be signed by any Judge or authorised officer.
A Judge may at any time, by written notice to the parties, shorten or end an adjournment if the accused person is not in custody.
After convicting an accused person of an offence, and before passing sentence, the court may summon witnesses and examine them on oath in respect of any matter in mitigation of the offence.
The court may do so on application made by or on behalf of the Crown or by or on behalf of the accused person.
In any criminal proceedings in which it is alleged that the accused person has unlawfully acquired or disposed of property, the court may order that the property be restored to such person as appears to the court to be lawfully entitled to its possession.
Such an order may be made whether or not the court finds the person guilty of any offence with respect to the acquisition or disposal of the property.
Such an order may not be made in respect of—
(a) any valuable security given by the accused person in payment of a liability to which the person was subject when the payment was made, or
(b) any negotiable instrument accepted by the accused person as valuable consideration in circumstances in which the person had no notice, or cause to suspect, that the instrument had been dishonestly come by.
On deciding that no further proceedings are to be taken with respect to a person who is in custody on remand, whether or not the person has been committed for trial, the Attorney General or Director of Public Prosecutions may cause a certificate to that effect, in the form prescribed by the regulations, to be delivered to the Supreme Court.
On receipt of such a certificate, the Supreme Court may, by order, direct that the person to whom the certificate relates be released from custody.
This Chapter applies to or in respect of proceedings for indictable offences (other than indictable offences being dealt with summarily).
In this Chapter—
(a) in the case of committal proceedings before a Local Court Magistrate, a registrar of the Local Court, or
(b) in the case of committal proceedings before a Children’s Court Magistrate, the Children’s Registrar appointed under the Children’s Court Act 1987.
The Supreme Court has jurisdiction in respect of all indictable offences.
The District Court has jurisdiction in respect of all indictable offences, other than such offences as may be prescribed by the regulations for the purposes of this section.
Committal proceedings for an offence are to be commenced by the issue and filing of a court attendance notice in accordance with this Division.
A court attendance notice may be issued in respect of a person if the person has committed or is suspected of having committed an offence.
A court attendance notice may be issued in respect of any offence for which proceedings may be taken in this State, including an offence committed elsewhere than in this State.
Nothing in this Part affects any law or practice relating to indictments presented or filed in the Supreme Court or the District Court by the Attorney General or the Director of Public Prosecutions.
If an Act or a statutory rule provides for committal proceedings to be commenced otherwise than by issuing and filing a court attendance notice, the proceedings may be commenced in accordance with this Act.
If a police officer or public officer is authorised under section 14 of this Act or under any other law to commence committal proceedings, the officer may commence committal proceedings for an offence against a person by issuing a court attendance notice and filing the notice in accordance with this Division.
If a person other than a police officer or public officer is authorised under section 14 of this Act or under any other law to commence committal proceedings against a person for an offence, the person may commence the proceedings by issuing a court attendance notice, signed by a registrar, and filing the notice in accordance with this Division.
A registrar must not sign a court attendance notice if—
(a) the registrar is of the opinion that the notice does not disclose grounds for the proceedings, or
(b) the registrar is of the opinion that the notice is not in the form required by or under this Act, or
(c) the registrar is of the opinion that a ground for refusal set out in the rules applies to the notice.
If a registrar refuses to sign a court attendance notice proposed to be issued by any such person, the question of whether the court attendance notice is to be signed and issued is to be determined by a Magistrate on application by the person.
A court attendance notice must be in writing and be in the form prescribed by the rules.
The rules may prescribe one or more forms of court attendance notice.
A court attendance notice must do the following—
(a) describe the offence,
(b) briefly state the particulars of the alleged offence,
(c) contain the name of the prosecutor,
(d) require the accused person to appear before the Magistrate at a specified date, time and place, unless a warrant is issued for the arrest of the person or the person is refused bail,
(e) state, unless a warrant is issued for the arrest of the person or the person is refused bail, that failure to appear may result in the arrest of the person or in the matter being dealt with in the absence of the person.
The rules may prescribe additional matters to be included in court attendance notices.
A court attendance notice may describe an offence, act or other thing in any way that is sufficient under this Act for the purposes of an indictment or an averment in an indictment.
(Repealed)
A court attendance notice issued by a police officer must be served by a police officer or prosecutor in accordance with the rules.
A court attendance notice issued by a public officer must be served by a police officer, public officer or other person prescribed by the rules, in accordance with the rules.
A court attendance notice issued by a person other than a police officer or public officer must be served by a person prescribed by the rules in accordance with the rules.
A copy of a court attendance notice must be filed in the registry of a court in accordance with the rules.
(Repealed)
All proceedings are taken to have commenced on the date on which a court attendance notice is filed in the registry of a relevant court in accordance with this Division.
(Repealed)
Nothing in this section affects any other Act or law under which proceedings are taken to have commenced on another date.
A person who issues a court attendance notice may, at any time after the notice is issued and before the date on which the accused person is required to first attend before a Magistrate for the hearing of committal proceedings, apply for a warrant to arrest the accused person.
An authorised officer may, when a court attendance notice is issued by the registrar, or filed in the court, or at any time after then and before the matter is first before a Magistrate, issue a warrant to arrest the accused person if the authorised officer is satisfied there are substantial reasons to do so and that it is in the interests of justice to do so.
The rules may make provision for or with respect to matters that may be taken into account by an authorised officer in determining whether to issue a warrant under this section.
If an accused person is not present at the day, time and place set down for the hearing of committal proceedings (including any day to which proceedings are adjourned), or absconds from the committal proceedings, the Magistrate may issue a warrant to arrest the accused person if the Magistrate is satisfied there are substantial reasons to do so and that it is in the interests of justice to do so.
A Magistrate before whom an accused person is brought on arrest on a warrant issued under this section may, if bail is not dispensed with or granted, issue a warrant—
(a) committing the accused person to a correctional centre or other place of security, and
(b) ordering the accused person to be brought before a Magistrate at the date, time and place specified in the order.
The Magistrate must give notice of the date, time and place to the prosecutor.
Subject to this Part, the steps for committal proceedings are generally as follows—
(a) committal proceedings are commenced by the issuing and filing of a court attendance notice,
(b) a brief of evidence is served on the accused person by the prosecutor,
(c) a charge certificate setting out the offences that are to be proceeded with is filed in the Local Court and served by the prosecutor on the accused person,
(d) if the accused person is represented, 1 or more case conferences are held by the prosecutor and the legal representative for the accused person,
(e) if the accused person is represented, a case conference certificate is filed in the Local Court,
(f) the accused person pleads guilty or not guilty to each offence being proceeded with and the Magistrate commits the accused person for trial (if the accused person pleads not guilty) or for sentence (if the accused person pleads guilty).
Committal proceedings are to be conducted by a Magistrate.
A Magistrate may fix days for the purpose of taking steps or doing other things in committal proceedings.
Committal proceedings are to be heard as if in open court.
This section is subject to any other Act or law.
For the purpose only of facilitating the use of an electronic case management system established under the Electronic Transactions Act 2000 in committal proceedings, the hearing of a matter may be conducted in the absence of the public, with the consent of the parties to the proceedings concerned, if the matter—
(a) arises after the first appearance of the accused person in committal proceedings, and
(b) is of a procedural nature, and
(c) does not require the resolution of a disputed issue, and
(d) does not involve a person giving oral evidence.
The following provisions of this Act apply, subject to any necessary modifications and to any provision of this Part, to committal proceedings conducted by a Magistrate in the same way as they apply to proceedings for offences before the Local Court—
(a) sections 30, 36, 37, 38, 39, 40, 41 and 44,
(b) Part 3 (Attendance of witnesses and production of evidence in lower courts) of Chapter 4,
(c) Part 4 (Warrants) of Chapter 4.
The Chief Magistrate may issue practice notes about the practice or procedure to be followed in criminal proceedings (see sections 26 and 27 of the Local Court Act 2007).
The Magistrate in committal proceedings must give the accused person—
(a) if the accused person is not represented by an Australian legal practitioner in the committal proceedings—an oral and written explanation of the following matters—
(i) the committal process under this Part, including charge certification and committal for trial or sentence,
(ii) the scheme under Part 3 of the Crimes (Sentencing Procedure) Act 1999 for the sentence discount that applies in the case of a guilty plea, or
(b) if the accused person is so represented—
(i) a written explanation of the committal process under this Part, including charge certification, case conferences and committal for trial or sentence, and
(ii) an oral and written explanation of the scheme under Part 3 of the Crimes (Sentencing Procedure) Act 1999 for the sentence discount that applies in the case of a guilty plea.
The explanations must be given—
(a) if a case conference is required to be held, after the charge certificate is filed and before the first day on which a case conference is held, or
(b) in any other case, after the charge certificate is filed and before the day on which the accused person is committed for trial or sentence.
The explanations are to include the matters prescribed by the regulations for the purposes of this section.
The Magistrate is not required to give an explanation of the scheme for the sentence discount in a case concerning an offence under a law of the Commonwealth.
A failure by a Magistrate to comply with this section does not affect the validity of anything done or omitted to be done by the Magistrate or any other person in or for the purposes of the committal proceedings.
An accused person may be dealt with under the Drug Court Act 1998 at any stage of committal proceedings despite any requirement of this Part.
The prosecutor must, after the commencement of committal proceedings and on or before any day specified by order by the Magistrate for that purpose, serve or cause to be served on the accused person a brief of evidence relating to each offence the subject of the proceedings.
This Division is subject to, and does not affect the operation of, section 15A of the Director of Public Prosecutions Act 1986 or any other law or obligation relating to the provision of material to an accused person by a prosecutor.
Examples of such a law are laws about privilege and immunity in relation to evidence.
The brief of evidence must contain the following—
(a) copies of all material obtained by the prosecution that forms the basis of the prosecution’s case,
(b) copies of any other material obtained by the prosecution that is reasonably capable of being relevant to the case for the accused person,
(c) copies of any other material obtained by the prosecution that would affect the strength of the prosecution’s case.
The material contained in the brief of evidence may be, but is not required to be, in the form required under Part 3A of Chapter 6 or in any particular form otherwise required for the material to be admissible as evidence.
The regulations may specify requirements for material included in a brief of evidence.
The Minister is to consult with the Minister for Police before a regulation is made under subsection (3).
The prosecutor must serve or cause to be served on the accused person copies of material obtained by the prosecutor and not included in the brief of evidence, if the material is of a kind required to be included in the brief of evidence.
The prosecutor must serve or cause the material to be served as soon as practicable after it is obtained by the prosecutor.
The prosecutor is not required to include a copy of a thing required to be provided under this Division, or to serve or cause it to be served, if—
(a) it is impossible or impractical to copy the thing, or
(b) the accused person agrees to inspect the thing in accordance with this section.
However, in that case the prosecutor is—
(a) to serve or caused to be served on the accused person a notice specifying a reasonable time and place at which the thing may be inspected or other reasonable means by which the thing is to be provided for inspection, and
(b) to allow the accused person a reasonable opportunity to inspect each thing referred to in the notice.
The functions of a prosecutor under this Division and Division 5 (which relates to case conferences) may be exercised only by the following persons—
(a) the Director of Public Prosecutions or the Attorney General,
(b) in the case of committal proceedings to which this Division applies because of section 79 of the Judiciary Act 1903 of the Commonwealth, any of the following—
(i) a person holding an equivalent office under the Commonwealth,
(ii) a special prosecutor appointed under an Act of the Commonwealth,
(iii) a person authorised under Commonwealth legislation to exercise the functions of a person referred to in subparagraph (i) or (ii),
(iv) a person authorised by an arrangement made with a person referred to in subparagraph (i) or (ii) to exercise the functions of that person,
(c) a legal representative of a person referred to in paragraph (a) or (b),
(d) any other person prescribed by the regulations for the purposes of this section.
The effect of this provision is to prevent any other person from being able to complete the steps required to be taken by a prosecutor for the committal proceedings that are set out in Divisions 4 and 5 of this Part.
A
(a) relates to the offences specified in a court attendance notice for the committal proceedings, and
(b) specifies the offences that are to be the subject of the proceedings against the accused person, and
(c) sets out the details of each of those offences in a way that is sufficient under this Act for the purposes of an indictment or an averment in an indictment, and
(d) specifies any back up or related offences (within the meaning of section 165) that are proposed to be the subject of a certificate under section 166 (1) relating to charges against the accused person, and
(e) if applicable, confirms that proceedings against the accused person for other specified offences are no longer being proceeded with, and
(f) contains any other matters prescribed by the regulations for the purposes of this section.
The prosecutor must certify in the certificate that—
(a) the evidence available to the prosecutor is capable of establishing each element of the offences that are to be the subject of the proceedings against the accused person, and
(b) for an alleged offence for which there are duties of disclosure under the Director of Public Prosecutions Act 1986, section 15A—the prosecutor has received and considered verification of compliance about the duties, and
(c) for an alleged offence for which there are duties of disclosure under section 36B—the prosecutor has received and considered verification of compliance about the duties.
(Repealed)
Subsections (1) and (2) do not limit the matters that may be included by the regulations in the prescribed form of charge certificate.
A charge certificate must be filed by the prosecutor in the registry of the Local Court, and served or caused to be served on the accused person, not later than the day set by order by the Magistrate.
The day must—
(a) be set after the service of the brief of evidence in the committal proceedings, and
(b) be not later than 6 months after the first return date for a court attendance notice in the committal proceedings.
Note. The first court appearance required by the court attendance notice may be before a registrar exercising certain functions of the court pursuant to rules of the court, or the functions of an authorised justice under the Bail Act 2013.
However, the Magistrate may set a day for the filing of a charge certificate that is later than 6 months after the first return date for a court attendance notice in the committal proceedings—
(a) with the consent of the accused person, or
(b) if it is in the interests of justice to do so.
In determining whether or not it is in the interests of justice to set a later day, the Magistrate is to consider the complexity of the matters the subject of the proceedings. This subsection does not limit the matters that may be considered by the Magistrate.
If the prosecutor determines that an offence other than an offence specified in the charge certificate filed by the prosecutor is to be the subject of the proceedings against the accused person, the prosecutor must file in the registry of the Local Court, and serve or cause to be served on the accused person, an amended charge certificate before the accused person is committed for trial or sentence.
This section applies if the prosecutor fails to file and serve, or cause to be served, a charge certificate before—
(a) the day that is 6 months after the first return date for a court attendance notice in the committal proceedings, or
(b) any later day set by the Magistrate for doing those things.
The Magistrate must—
(a) discharge the accused person as to any offence the subject of the committal proceedings, or
(b) if the Magistrate thinks it appropriate in the circumstances of the case, adjourn the committal proceedings to a specified time and place.
In determining what action to take, the Magistrate is to consider the interests of justice.
If a warrant has been issued for the arrest of the accused person as a result of a failure to appear at the committal proceedings—
(a) a Magistrate is not required to take any action under this section until the accused person is brought before the Magistrate, and
(b) the period of 6 months specified in subsection (1) (a) is taken to be extended by the number of days between the issue of the warrant and the day the accused person is so brought before the Magistrate.
Note. The Magistrate may extend the time for filing a charge certificate at any time under section 67.
This Division does not apply to an accused person in committal proceedings if the accused person—
(a) is not, or ceases to be, represented by an Australian legal practitioner, or
(b) pleads guilty to each offence that is being proceeded with and the pleas are accepted by the Magistrate before a case conference is held, or
(c) is committed for trial under Division 7.
A case conference is to be held in accordance with this Division.
The principal objective of the case conference is to determine whether there are any offences to which the accused person is willing to plead guilty.
A case conference may also be used to achieve the following objectives—
(a) to facilitate the provision of additional material or other information which may be reasonably necessary to enable the accused person to determine whether or not to plead guilty to 1 or more offences,
(b) to facilitate the resolution of other issues relating to the proceedings against the accused person, including identifying key issues for the trial of the accused person and any agreed or disputed facts.
The case conference is to be held after the filing of the charge certificate by the prosecutor.
More than one case conference may be held.
A further case conference may be, but is not required to be, held after the filing of an amended charge certificate by the prosecutor.
A case conference is to be held between the prosecutor and the accused person’s legal representative in the committal proceedings.
The initial case conference for the purposes of this Division must be held in person or by audio visual link. Any subsequent case conference may also be held by telephone.
The Magistrate may order that an initial case conference be held by telephone if the Magistrate is satisfied that there are exceptional circumstances that make it impracticable to hold the conference in person or by audio visual link.
The regulations may make provision for or with respect to case conferences, including the attendance of the accused person at a case conference.
In this section—
The accused person’s legal representative is to seek to obtain the accused person’s instructions concerning the matters to be dealt with in the case conference before participating in the case conference.
The accused person’s legal representative must explain the following matters to the accused person before the case conference certificate is completed—
(a) the effect of the scheme for the sentencing discount applied under Part 3 of the Crimes (Sentencing Procedure) Act 1999 for a plea of guilty to an offence,
(b) the penalties applicable to the offences certified in the charge certificate and to any other offences the subject of offers made by the accused or the prosecutor in the committal proceedings,
(c) the effect on the applicable penalty if the accused person were to plead guilty to any offence at different stages of proceedings for the offence.
Subsection (2) applies only in respect of an offence to which Division 1A of Part 3 of the Crimes (Sentencing Procedure) Act 1999 applies.
If the accused person has been charged jointly with any other person with the offence concerned, a separate case conference is to be held for each of the co-accused. However, a joint case conference may be held for 2 or more co-accused with the consent of the prosecutor and each of the co-accused.
A joint case conference may be held only if a charge certificate has been filed for each of the co-accused.
The Magistrate is to make an order setting the day on or before which the case conference certificate is to be filed.
If more than 1 case conference is held, the case conference certificate is to be filed after all the case conferences are completed.
The prosecutor and the legal representative of the accused person must ensure that a case conference certificate that complies with this Division is completed and signed on or before the day set by the Magistrate for filing the certificate.
The prosecutor must ensure that the case conference certificate is filed on or before the day set by the Magistrate.
A prosecutor or legal representative of an accused person is not required to comply with this section if all the offences to which the proceedings relate—
(a) are to be dealt with summarily, or
(b) are, for any other reason, not proceeding for committal by the Magistrate of the accused person for trial or sentence.
The case conference certificate is to be in the form prescribed by the regulations and is to certify as to the following matters—
(a) the offence or offences with which the accused person had been charged before the case conference and which the prosecution had specified in the charge certificate as offences that will be proceeding or are the subject of a certificate under section 166,
(b) any offers by the accused person to plead guilty to an offence specified in the charge certificate or to different offences,
(c) any offers by the prosecution to the accused person to accept guilty pleas to an offence specified in the charge certificate or to different offences,
(d) whether the accused person or prosecution has accepted or rejected any such offers,
(e) the offence or offences for which the prosecution will seek committal for trial or sentence,
(f) any back up or related offence or offences (within the meaning of section 165) that are proposed to be the subject of a certificate under section 166 (1) relating to charges against the accused person,
(g) if an offer made to or by the accused person to plead guilty to an offence has been accepted—details of the agreed facts on the basis of which the accused person is pleading guilty and details of the facts (if any) in dispute,
(h) any offences with which the accused person has been charged to which the accused person has offered to plead guilty and agreed to ask the court to take into account under section 33 of the Crimes (Sentencing Procedure) Act 1999,
(i) whether or not the prosecutor has notified the accused person of an intention to make a submission to the sentencing court that the discount for a guilty plea should not apply or should be reduced in relation to a particular offence with which the accused person is charged,
(j) any other matters prescribed by the regulations for the purposes of this section.
A case conference certificate must also contain—
(a) a declaration by the legal representative of the accused person that the legal representative has explained to the accused person the matters specified in section 72 (2), and
(b) if the accused person does not intend to plead guilty to an offence, a declaration by the accused person that the legal representative has explained to the accused person the matters specified in section 72 (2).
A failure by an accused person to make a declaration under this section does not affect the validity of anything done or omitted to be done by any other person in or for the purposes of the committal proceedings.
A case conference certificate must certify as to all the matters of the kind referred to in subsection (1) that occur before the certificate is filed, including any written offers of a kind referred to in subsection (1) that were made by the accused person or the prosecutor, and served on the prosecutor or accused person, before or after any case conference was held.
This section applies where the Magistrate is satisfied that a case conference certificate has not been filed by the day set by the Magistrate.
If a Magistrate is satisfied that the case conference certificate has not been filed because of an unreasonable failure by the prosecutor to participate in a case conference or to complete or file a case conference certificate, the Magistrate may—
(a) discharge the accused person as to any offence the subject of the committal proceedings, or
(b) adjourn the committal proceedings to a specified time and place.
If a Magistrate is satisfied that the case conference certificate has not been filed because of an unreasonable failure by the legal representative of the accused person to participate in a case conference or complete a case conference certificate, the Magistrate may—
(a) commit the accused person for trial or sentence as if a case conference were not required to be held, or
(b) adjourn the committal proceedings to a specified time and place.
In determining whether to take action under this section, the Magistrate is to consider the interests of justice.
This section does not apply if the case conference certificate has not been filed in the circumstances set out in section 74(5).
This section applies to an offer (a
(a) the offer is made by the accused person or the prosecutor after the filing of the case conference certificate in committal proceedings, and before the accused person is committed for trial or sentence, and
(b) the offer is an offer of a kind that would have been required to be included in a case conference certificate if it had been made before the filing of the certificate, and
(c) the offer is made in writing and served on the other party, and
(d) the offer is filed in the registry of the Local Court.
A plea offer is, for all purposes, to be treated as if it formed part of the case conference certificate.
A plea offer is to be annexed to the case conference certificate in the committal proceedings.
Case conference material is not admissible in any proceedings before a court, tribunal or body.
However, a case conference certificate is not inadmissible in the following proceedings—
(a) in relevant sentencing proceedings in accordance with Part 3 of the Crimes (Sentencing Procedure) Act 1999,
(b) in relevant sentencing proceedings for an offence under Commonwealth law,
(c) in proceedings for an appeal against a sentence under the Criminal Appeal Act 1912,
(d) in proceedings for an appeal under the Crimes (Appeal and Review) Act 2001 on a question of law arising from an order made by a Magistrate in committal proceedings or an appeal under section 5 or Division 2 or 3 of Part 7 of that Act,
(e) in proceedings after committal for sentence relating to an application by the accused person to reverse the person’s plea to not guilty,
(f) in proceedings brought by a designated local regulatory authority against a lawyer under section 300 of the Legal Profession Uniform Law (NSW).
Any part of a case conference certificate cannot be required to be produced under a subpoena or request issued in any proceedings before any court, tribunal or body (other than in proceedings referred to in subsection (2)).
A sentencing court or a court determining an appeal against a sentence must refuse to admit evidence of any case conference certificate if any provisions of this Part with respect to the holding of the conference or the preparation of the certificate have not been complied with, unless it is satisfied that it is in the interests of justice to admit the evidence.
In this section—
(a) a case conference certificate, or
(b) evidence of anything said between the parties, or of any admission made, during a case conference, or
(c) evidence of anything said between the parties, or of any admission made, during negotiations after a case conference concerning a plea to be made by, or offers made to or by, an accused person.
The matters that are specified in a case conference certificate are to be treated as confidential.
Matters in a plea offer are taken to be part of a case conference certificate (see section 77).
A person must not publish, or permit a person to publish, any case conference material.
Maximum penalty—
(a) in the case of an individual—20 penalty units, or
(b) in the case of a body corporate—100 penalty units.
In this section—
The disclosure of any information during or in relation to a case conference held for the purposes of this Division or a plea offer is not, for the purposes of section 22A of the Crimes (Sentencing Procedure) Act 1999, a pre-trial disclosure.
Section 22A of the Crimes (Sentencing Procedure) Act 1999 enables a court to impose a lesser penalty than it would otherwise impose on an offender who was tried on indictment, having regard to the degree to which the defence made pre-trial disclosures.
Ins 1999 No 94, Sch 2 [62]. | |
Sch 1, Table 1A | Ins 2003 No 5, Sch 2. |
Sch 1, Table 1, heading (previously Part 9A, Table 1, heading) | Transferred 1999 No 94, Sch 2 [63]. Am 2003 No 40, Sch 1.10 [14]. |
Sch 1, Table 1 (previously Part 9A, Table 1) | Transferred 1999 No 94, Sch 2 [63]. Am 1998 No 158, Sch 2.12 (am 1999 No 94, Sch 4.67); 1999 No 94, Schs 2 [64] [65], 4.98 [4]–[6]; 2000 No 43, Sch 5 [2]; 2000 No 90, Sch 5 [1]; 2000 No 92, Sch 8.4; 2000 No 107, Sch 2; 2001 No 20, Sch 2; 2001 No 30, Sch 5.1; 2001 No 56, Sch 2.16; 2001 No 84, Sch 2.3 [1]–[3]; 2001 No 117, Sch 7 [10]; 2002 No 24, Sch 2; 2002 No 45, Sch 2 [2]; 2002 No 47, Sch 3.1 [2]; 2002 No 135, Sch 2 [2]; 2003 No 27, Sch 8 [8] [9]; 2003 No 82, Sch 2.9 [14]; 2003 No 85, Sch 4 [6]; 2003 No 92, Sch 3.1 [3]; 2004 No 41, Sch 2; 2004 No 49, Sch 3 [2]; 2004 No 95, Sch 2.4 [2]; 2004 No 112, Sch 6.3; 2005 No 74, Sch 2.1 [2]; 2006 No 26, Sch 2.2 [1]; 2006 No 61, Sch 3.1 [1] [2]; 2006 No 94, Sch 3.9; 2006 No 120, Sch 1.8 [1] [2]; 2007 No 27, Sch 1.13; 2007 No 38, Sch 3.1 [2]–[5]; 2007 No 57, Sch 1 [13]; 2008 No 2, Sch 2; 2008 No 19, Sch 2.2 [1] [2]; 2008 No 105, Sch 2.7 [1] [2]; 2008 No 107, Sch 7 [10]; 2009 No 6, Sch 1.3; 2009 No 23, Sch 3.2; 2009 No 99, Sch 3 [3]–[5]; 2010 No 63, Sch 1.8; 2010 No 73, Sch 2.2; 2010 No 135, Sch 12.2 [3]; 2012 No 3, Sch 2.2 [1]; 2012 No 9, Sch 1.4; 2012 No 11, Sch 1.1 [14] [15]; 2012 No 64, Sch 2; 2012 No 84, Sch 2.1 [1]; 2012 No 95, Sch 2.8; 2014 No 5, Sch 2.15 [17]; 2014 No 23, Sch 2.1; 2015 No 7, Sch 2.11 [3]; 2016 No 15, Sch 2; 2016 No 16, Sch 4 [1] [2]; 2016 No 44, Sch 1 [2] [3]; 2017 No 55, Sch 1 [12]; 2018 No 4, Sch 1.5 [2]–[7]; 2018 No 5, Sch 2.6; 2018 No 20, Sch 3.1; 2018 No 32, Sch 3; 2018 No 33, Sch 4 [12]–[15]; 2018 No 83, Sch 3.2; 2019 No 10, Sch 1.9 [6]–[9]; 2019 No 11, Sch 2.2; 2019 No 20, Sch 1.10[15]; 2020 No 32, Sch 9.1; 2022 No 14, Sch 8.4; 2022 No 17, Sch 1A.3[1]; 2022 No 45, Sch 2; 2022 No 48, Sch 2[1]; 2022 No 65, Sch 4; 2023 No 11, Sch 2[1]; 2023 No 12, Sch 2.1; 2024 No 18, Sch 3[1]; 2024 No 19, Sch 3.3[1]; 2024 No 59, Sch 2.3[3]. |
Sch 1, Table 2, heading (previously Part 9A, Table 2, heading) | Transferred 1999 No 94, Sch 2 [63]. Am 2003 No 40, Sch 1.10 [14]. Subst 2007 No 80, Sch 2.9 [7]. |
Sch 1, Table 2 (previously Part 9A, Table 2) | Transferred 1999 No 94, Sch 2 [63]. Am 1999 No 94, Sch 4.98 [7] [8]; 2000 No 90, Sch 5 [2]; 2002 No 45, Sch 2 [3]; 2002 No 47, Sch 3.1 [3]; 2002 No 135, Sch 2 [3]; 2003 No 36, Sch 3.1 [2]; 2003 No 85, Sch 4 [7]; 2003 No 92, Sch 3.1 [4] [5]; 2004 No 48, Sch 2; 2004 No 49, Sch 3 [3]; 2005 No 94, Sch 2.1 [2]; 2005 No 119, Sch 4 [2]; 2006 No 14, Sch 3; 2006 No 26, Sch 2.2 [2]; 2006 No 61, Sch 3.1 [3] [4]; 2006 No 73, Sch 3.8 [4]; 2007 No 38, Sch 3.1 [6]; 2007 No 57, Sch 1 [14]; 2007 No 64, Sch 2.2 [2]; 2007 No 74, Sch 2 [2]; 2007 No 80, Sch 2.9 [8]; 2007 No 87, Sch 4.2 [2]; 2008 No 18, Sch 2 [2]; 2008 No 19, Sch 2.2 [3]; 2008 No 105, Sch 2.7 [3]; 2009 No 31, Sch 3 [2]; 2009 No 99, Sch 3 [6]; 2009 No 114, Sch 2.1; 2010 No 2, Sch 2; 2010 No 40, Sch 3.11 [3]; 2010 No 52, Sch 1.2; 2012 No 3, Sch 2.2 [2] [3]; 2012 No 11, Sch 1.1 [16]; 2012 No 84, Sch 2.1 [2]; 2013 No 74, Sch 4 [4]–[6]; 2013 No 77, Sch 3; 2013 No 86, Sch 3; 2014 No 54, Sch 2; 2014 No 58, Sch 2.2; 2014 No 66, Sch 2.2 [2]; 2015 No 63, Sch 3 [3] [4]; 2016 No 16, Sch 4 [3]; 2017 No 26, Sch 5 [3] [4]; 2017 No 29, Sch 2.3 [2]; 2017 No 66, Sch 8.6; 2017 No 68, Sch 2.11; 2018 No 4, Sch 1.5 [8] [9]; 2018 No 5, Sch 2.6; 2018 No 29, Sch 2.6 [2]; 2018 No 33, Sch 4 [16] [17]; 2018 No 60, Sch 2.2; 2018 No 94, Sch 1.5; 2022 No 17, Sch 1A.3[2]; 2022 No 46, Sch 4.1[1] [2]; 2022 No 47, Sch 3; 2022 No 48, Sch 2[2]; 2022 No 55, Sch 4.2; 2023 No 7, Sch 1.5; 2023 No 11, Sch 2[2]; 2024 No 18, Sch 3[2]; 2024 No 19, Sch 3.3[2]; 2024 No 94, Sch 3; 2024 No 59, Sch 2.3[4]; 2025 No 21, Sch 3[2] [3]; 2025 No 56, Sch 5.3. |
Sch 2 (previously Sch 1) | Ins 1997 No 85, Sch 1.4 [14]. Am 1998 No 53, Sch 5 [10] [11]. Renumbered 1999 No 94, Sch 2 [66]. Am 1999 No 94, Sch 2 [67] [68]; 2001 No 7, Sch 1 [8] [9]; 2001 No 117, Sch 7 [11]; 2001 No 119, Sch 1 [142]–[144]; 2002 No 13, Sch 1 [5]; 2002 No 46, Sch 1 [3]; 2002 No 100, Sch 1 [4]; 2003 No 42, Sch 1 [2]; 2004 No 22, Sch 3 [6]; 2005 No 15, Sch 1 [2]; 2005 No 25, Sch 1 [26] [27]; 2005 No 75, Sch 1 [2] [3]; 2005 No 102, Sch 1 [2] [3]; 2006 No 23, Sch 2 [10] [11]; 2006 No 88, Sch 1 [11] [12]; 2006 No 107, Sch 1.11 [22] [23]; 2007 No 6, Sch 1 [14] [15]; 2007 No 34, Sch 1 [3] [4]; 2007 No 46, Sch 2.3 [3] [4]; 2007 No 57, Sch 1 [15] [16]; 2008 No 74, Sch 2 [13]; 2008 No 105, Sch 2.7 [4]; 2008 No 107, Sch 7 [11] [12]; 2009 No 112, Sch 1 [6] [7]; 2010 No 9, Sch 2 [9] [10]; 2010 No 88, Sch 2 [2]; 2010 No 135, Schs 12.1 [9], 12.2 [4] [5]; 2012 No 10, Sch 1 [5] [6]; 2012 No 11, Sch 1.1 [17] [18], 2012 No 67, Sch 2 [7] [8]; 2013 No 8, Sch 1 [5] [6]; 2013 No 10, Sch 1 [13] [14]; 2014 No 83, Sch 1 [25]; 2015 No 46, Sch 1; 2016 No 54, Sch 1.7 [6]–[11]; 2016 No 44, Sch 1 [4]; 2017 No 40, Sch 1.9 [1] [2]; 2017 No 55, Sch 1 [13]; 2018 No 4, Sch 1.5 [10]; 2018 No 29, Sch 1.10 [16]–[18]; 2018 No 33, Sch 4 [18]; 2018 No 47, Sch 1 [5]; 2018 No 87, Sch 1.15 [12]; 2018 No 88, Sch 5 [31]; 2019 No 10, Sch 1.9 [10] [11]; 2020 No 1, Sch 1[2]; 2020 No 31, Sch 1.8[14] [15]; 2020 No 36, Sch 2[12]; 2021 No 36, Sch 3[2]; 2021 No 43, Sch 2[20]; 2022 No 49, Sch 1.1[9]; 2023 No 7, Sch 2.19[3]; 2023 No 32, Sch 1[3] [4]; 2025 No 8, Sch 1.2[3]; 2025 No 61, Sch 3.7[10]. |
Sch 3, heading | Ins 2001 No 119, Sch 1 [145]. |
Sch 3 | Cl 1 (previously sec 53) renumbered 2001 No 119, Sch 1 [146]; cll 2–6 (previously secs 128–132) renumbered 2001 No 119, Sch 1 [149]; cll 7–12 (previously secs 74–79) renumbered 2001 No 119, Sch 1 [153]; cll 13–16 (previously secs 70–73) renumbered 2001 No 119, Sch 1 [156]; cl 17 (previously sec 122) renumbered 2001 No 119, Sch 1 [157]; cll 18–22 (previously secs 80–84) renumbered 2001 No 119, Sch 1 [158]. Am 2001 No 119, Sch 1 [145] [147] [148] [150]–[152] [154] [155] [159]–[161]; 2018 No 33, Sch 4 [19]; 2021 No 10, Sch 3.11. |
This item contains information concerning Parts 1–11 after the commencement of 1999 No 94, Sch 2 but before the commencement of 2001 No 119, Sch 1, 2002 No 46, Sch 1 [2] and 2002 No 100, Sch 1 [3].
Sec 3 | Am 1995 No 22, Sch 1 [1]; 1999 No 94, Sch 2 [1]; 2001 No 62, Sch 2.4; 2002 No 100, Sch 1 [1]. |
Sec 4 (previously sec 3A) | Ins 1989 No 89, Sch 2. Renumbered 1999 No 94, Sch 2 [2]. Rep 2001 No 119, Sch 1 [7]. |
Sec 5 (previously sec 3B) | Ins 1989 No 89, Sch 2. Renumbered 1999 No 94, Sch 2 [2]. |
Sec 6 (previously sec 3C) | Ins 1997 No 85, Sch 1.4 [1]. Renumbered 1999 No 94, Sch 2 [2]. Am 1999 No 94, Sch 2 [5]. Rep 2001 No 119, Sch 1 [10]. |
Parts 2–13 | For information concerning these Parts before the commencement of 1999 No 94, Sch 2, see item (2) of the historical table of amendments. |
Part 2, heading | Ins 1999 No 94, Sch 2 [7]. |
Part 2, Div 1, heading | Ins 1999 No 94, Sch 2 [7]. |
Secs 7–9 | Ins 1999 No 94, Sch 2 [8]. |
Sec 10 (previously sec 4) | Am 1999 No 94, Sch 2 [3] [4] (am 2000 No 53, Sch 3.5 [1] [2]). Renumbered 1999 No 94, Sch 2 [9]. |
Sec 11 (previously sec 5) | Renumbered 1999 No 94, Sch 2 [9]. |
Sec 12 (previously sec 6) | Renumbered 1999 No 94, Sch 2 [9]. Rep 2001 No 119, Sch 1 [16]. |
Sec 13 | Ins 1999 No 94, Sch 2 [10]. |
Part 2, Div 2, heading | Ins 1999 No 94, Sch 2 [11]. |
Sec 14 (previously sec 30) | Renumbered 1999 No 94, Sch 2 [12]. Rep 2001 No 119, Sch 1 [18]. |
Secs 15–17 (previously secs 31–33) | Renumbered 1999 No 94, Sch 2 [12]. |
Part 2, Div 3, heading | Ins 1999 No 94, Sch 2 [13]. |
Secs 18–26 (previously secs 33A–33I) | Renumbered 1999 No 94, Sch 2 [14]. Am 1999 No 94, Sch 2 [15] [16]. |
Sec 27 (previously sec 33J) | Renumbered 1999 No 94, Sch 2 [14]. Am 1999 No 94, Schs 2 [15]–[17], 4.13 [1], 4.98 [3]; 2001 No 117, Sch 7 [1]. |
Sec 28 (previously sec 33K) | Renumbered 1999 No 94, Sch 2 [14]. Am 1999 No 94, Schs 2 [15] [16], 4.13 [2]; 2002 No 45, Sch 2 [1]; 2002 No 47, Sch 3.1 [1]; 2002 No 137, Sch 2 [1]. |
Sec 29 (previously sec 33L) | Renumbered 1999 No 94, Sch 2 [14]. Am 1999 No 94, Sch 2 [18]. Rep 2001 No 119, Sch 1 [94]. |
Secs 30–33 (previously secs 33M–33P) | Renumbered 1999 No 94, Sch 2 [14]. |
Sec 34 | Ins 1999 No 94, Sch 2 [19]. |
Part 2, Div 4, heading | Ins 1999 No 94, Sch 2 [20]. |
Sec 35 (previously sec 34) | Renumbered 1999 No 94, Sch 2 [21]. Am 2000 No 53, Sch 3.6 [1]. |
Sec 36 (previously sec 34A) | Renumbered 1999 No 94, Sch 2 [21]. Am 2001 No 117, Sch 7 [2] [3]. |
Sec 37 (previously sec 35) | Renumbered 1999 No 94, Sch 2 [21]. Am 2001 No 117, Sch 7 [4]–[8]. |
Sec 38 (previously sec 36) | Renumbered 1999 No 94, Sch 2 [21]. |
Sec 39 (previously sec 37) | Renumbered 1999 No 94, Sch 2 [21]. Subst 2001 No 117, Sch 7 [9]. |
Part 3, heading | Ins 1999 No 94, Sch 2 [22]. |
Part 3, Div 1, heading | Ins 1999 No 94, Sch 2 [22]. |
Secs 40, 41 (previously secs 7, 8) | Renumbered 1999 No 94, Sch 2 [23]. |
Sec 42 (previously sec 9) | Renumbered 1999 No 94, Sch 2 [23]. Rep 2001 No 7, Sch 1 [1]. |
Secs 43–45 (previously secs 10–12) | Renumbered 1999 No 94, Sch 2 [23]. |
Part 3, Div 2, heading | Ins 1999 No 94, Sch 2 [24]. |
Secs 46, 47 (previously secs 13, 14) | Renumbered 1999 No 94, Sch 2 [25]. |
Part 3, Div 2A (secs 47A–47P) | Ins 2001 No 7, Sch 1 [2]. |
Part 3, Div 3, heading | Ins 1999 No 94, Sch 2 [26]. Subst 2001 No 7, Sch 1 [3]. |
Part 3, Div 3 | Ins 1999 No 94, Sch 2 [26]. |
Sec 48 | Ins 1999 No 94, Sch 2 [26]. Am 2001 No 7, Sch 1 [4]. |
Sec 49 | Ins 1999 No 94, Sch 2 [26]. |
Part 3, Div 4, heading | Ins 1999 No 94, Sch 2 [27]. |
Secs 50, 51 (previously secs 15, 16) | Renumbered 1999 No 94, Sch 2 [28]. |
Secs 52, 53 (previously secs 16A, 16B) | Renumbered 1999 No 94, Sch 2 [28]. |
Sec 53A | Ins 2001 No 7, Sch 1 [5]. |
Sec 54 (previously sec 17) | Renumbered 1999 No 94, Sch 2 [28]. Am 1999 No 94, Sch 4.13 [3]. Subst 2001 No 7, Sch 1 [6]. |
Secs 55, 56 (previously secs 18, 19) | Renumbered 1999 No 94, Sch 2 [28]. |
Part 3, Div 5 | Ins 1999 No 94, Sch 2 [29]. |
Secs 57–63 | Ins 1999 No 94, Sch 2 [29]. |
Sec 63A | Ins 2001 No 7, Sch 1 [7]. |
Secs 64–85 | Ins 1999 No 94, Sch 2 [29]. |
Part 3, Div 6 (secs 86–91) | Ins 1999 No 94, Sch 2 [30]. |
Part 4, Div 1 | Ins 1999 No 94, Sch 2 [31]. |
Sec 92 | Ins 1999 No 94, Sch 2 [31]. Rep 2001 No 119, Sch 1 [69]. |
Part 4, Div 2 | Ins 1999 No 94, Sch 2 [31]. |
Secs 93–95 | Ins 1999 No 94, Sch 2 [31]. |
Sec 96 | Ins 1999 No 94, Sch 2 [31]. Rep 2001 No 119, Sch 1 [36]. |
Secs 97–100 | Ins 1999 No 94, Sch 2 [31]. |
Part 4, Div 3 | Ins 1999 No 94, Sch 2 [31]. |
Secs 101–103 | Ins 1999 No 94, Sch 2 [31]. |
Sec 104 | Ins 1999 No 94, Sch 2 [31]. Am 2002 No 73, Sch 1.6 [1] [2]. |
Secs 105–108 | Ins 1999 No 94, Sch 2 [31]. |
Part 4, Div 4 | Ins 1999 No 94, Sch 2 [31]. |
Sec 109 | Ins 1999 No 94, Sch 2 [31]. |
Sec 110 | Ins 1999 No 94, Sch 2 [31] (am 2000 No 53, Sch 3.5 [4]). Am 1999 No 94, Sch 2 [32]–[34]. |
Part 4, Div 5 (secs 111–116) | Ins 1999 No 94, Sch 2 [31]. |
Part 4, Div 6 | Ins 1999 No 94, Sch 2 [31]. |
Sec 117 | Ins 1999 No 94, Sch 2 [31]. |
Sec 118 | Ins 1999 No 94, Sch 2 [31]. Am 2000 No 43, Sch 5 [1]. |
Sec 119 | Ins 1999 No 94, Sch 2 [31]. |
Part 4, Div 7 (secs 120–127) | Ins 1999 No 94, Sch 2 [31]. |
Part 5 (secs 128–132) | Ins 1999 No 94, Sch 2 [35]. |
Part 6, heading | Ins 1999 No 94, Sch 2 [36]. |
Part 6, Div 1, heading | Ins 1999 No 94, Sch 2 [36]. |
Secs 133, 134 (previously secs 38, 39) | Renumbered 1999 No 94, Sch 2 [37]. |
Sec 135 (previously sec 40) | Renumbered 1999 No 94, Sch 2 [37]. Am 1999 No 94, Sch 2 [38]. |
Sec 136 (previously sec 41) | Renumbered 1999 No 94, Sch 2 [37]. Am 1999 No 94, Sch 2 [39]. |
Secs 137, 138 (previously secs 42, 43) | Renumbered 1999 No 94, Sch 2 [37]. |
Part 6, Div 2, heading | Ins 1999 No 94, Sch 2 [40]. |
Secs 139–143 (previously secs 44–48) | Renumbered 1999 No 94, Sch 2 [41]. |
Sec 144 (previously sec 49) | Renumbered 1999 No 94, Sch 2 [41]. Am 1999 No 94, Sch 2 [42]. |
Secs 145, 146 (previously secs 50, 51) | Renumbered 1999 No 94, Sch 2 [41]. |
Part 7, heading | Ins 1999 No 94, Sch 2 [43]. |
Sec 147 (previously sec 57) | Renumbered 1999 No 94, Sch 2 [44]. Am 1999 No 94, Sch 2 [45] [46]; 2000 No 53, Sch 3.6 [2]. |
Sec 148 (previously sec 58) | Renumbered 1999 No 94, Sch 2 [44]. Am 2000 No 93, Sch 2.12; 2002 No 13, Sch 1 [1]–[4]. |
Secs 149–153 (previously secs 59–63) | Renumbered 1999 No 94, Sch 2 [44]. |
Sec 154 (previously sec 64) | Renumbered 1999 No 94, Sch 2 [44]. Am 1999 No 94, Sch 2 [47]. |
Secs 155–157 (previously secs 65–67) | Renumbered 1999 No 94, Sch 2 [44]. |
Sec 158 (previously sec 68) | Renumbered 1999 No 94, Sch 2 [44]. Rep 2001 No 119, Sch 1 [131]. |
Sec 159 (previously sec 69) | Renumbered 1999 No 94, Sch 2 [44]. |
Part 8, heading | Ins 1999 No 94, Sch 2 [48]. Rep 1999 No 94, Sch 4.13 [4]. Ins 2002 No 46, Sch 1 [1]. |
Part 8 | Ins 2002 No 46, Sch 1 [1]. |
Sec 160 (previously sec 20) | Renumbered 1999 No 94, Sch 2 [49]. Am 1999 No 94, Sch 2 [50]. Rep 1999 No 94, Sch 4.13 [4]. Ins 2002 No 46, Sch 1 [1]. |
Sec 161 (previously sec 21) | Renumbered 1999 No 94, Sch 2 [49]. Am 1999 No 94, Sch 4.98 [1]. Rep 1999 No 94, Sch 4.13 [4]. Ins 2002 No 46, Sch 1 [1]. |
Sec 162 (previously sec 22) | Renumbered 1999 No 94, Sch 2 [49]. Am 1999 No 94, Sch 2 [51]. Rep 1999 No 94, Sch 4.13 [4]. Ins 2002 No 46, Sch 1 [1]. |
Sec 163 (previously sec 23) | Renumbered 1999 No 94, Sch 2 [49]. Am 1999 No 94, Sch 2 [52]. Rep 1999 No 94, Sch 4.13 [4]. Ins 2002 No 46, Sch 1 [1]. |
Secs 164, 165 (previously secs 23A, 23AA) | Renumbered 1999 No 94, Sch 2 [54]. Rep 1999 No 94, Sch 4.13 [4]. Ins 2002 No 46, Sch 1 [1]. |
Secs 166–169 (previously secs 23B–23E) | Renumbered 1999 No 94, Sch 2 [54]. Rep 1999 No 94, Sch 4.13 [4]. Ins 2002 No 46, Sch 1 [1]. |
Sec 170 (previously sec 23F) | Renumbered 1999 No 94, Sch 2 [56]. Am 1999 No 94, Sch 4.98 [2]. Rep 1999 No 94, Sch 4.13 [4]. Ins 2002 No 46, Sch 1 [1]. |
Sec 171 (previously sec 24) | Renumbered 1999 No 94, Sch 2 [56]. Rep 1999 No 94, Sch 4.13 [4]. Ins 2002 No 46, Sch 1 [1]. |
Sec 172 (previously sec 24A) | Renumbered 1999 No 94, Sch 2 [56]. Am 1999 No 94, Sch 2 [57]. Rep 1999 No 94, Sch 4.13 [4]. Ins 2002 No 46, Sch 1 [1]. |
Part 9, heading | Ins 1999 No 94, Sch 2 [53]. Rep 1999 No 94, Sch 4.13 [4]. Ins 2002 No 100, Sch 1 [2]. |
Part 9 | Ins 2002 No 100, Sch 1 [2]. |
Part 9, note | Ins 2002 No 100, Sch 1 [2]. |
Part 9, Div 1 | Ins 2002 No 100, Sch 1 [2]. |
Secs 173, 174 (previously secs 25, 26) | Renumbered 1999 No 94, Sch 2 [59]. Rep 1999 No 94, Sch 4.13 [4]. Ins 2002 No 100, Sch 1 [2]. |
Part 9, Div 2 | Ins 2002 No 100, Sch 1 [2]. |
Secs 175, 176 (previously secs 26A, 26B) | Renumbered 1999 No 94, Sch 2 [59]. Am 1999 No 94, Sch 2 [60]. Rep 1999 No 94, Sch 4.13 [4]. Ins 2002 No 100, Sch 1 [2]. |
Sec 177 (previously sec 27) | Renumbered 1999 No 94, Sch 2 [59]. Am 1999 No 94, Sch 2 [60]. Rep 1999 No 94, Sch 4.13 [4]. Ins 2002 No 100, Sch 1 [2]. |
Part 9, Div 3 | Ins 2002 No 100, Sch 1 [2]. |
Sec 178 (previously sec 28) | Renumbered 1999 No 94, Sch 2 [59]. Am 1999 No 94, Sch 2 [60]. Rep 1999 No 94, Sch 4.13 [4]. Ins 2002 No 100, Sch 1 [2]. |
Part 9, Div 4 | Ins 2002 No 100, Sch 1 [2]. |
Sec 179 (previously sec 29) | Renumbered 1999 No 94, Sch 2 [59]. Am 1999 No 94, Sch 2 [60]. Rep 1999 No 94, Sch 4.13 [4]. Ins 2002 No 100, Sch 1 [2]. |
Sec 180 (previously sec 29A) | Renumbered 1999 No 94, Sch 2 [59]. Am 1999 No 94, Sch 2 [60]. Rep 1999 No 94, Sch 4.13 [4]. Ins 2002 No 100, Sch 1 [2]. |
Part 10, heading | Ins 1999 No 94, Sch 2 [55]. Rep 1999 No 94, Sch 4.13 [4]. |
Part 11, heading | Ins 1999 No 94, Sch 2 [58]. Rep 1999 No 94, Sch 4.13 [4]. |
Parts 1–7, headings (including any Div headings) | Rep 2001 No 119, Sch 1 [141]. |
This item contains information concerning Parts 2–13 before the commencement of 1999 No 94, Sch 2.
Part 2, heading | Rep 1999 No 94, Sch 2 [6]. |
Sec 4 | Am 1995 No 22, Sch 1 [2]. |
Part 3, heading | Rep 1999 No 94, Sch 2 [6]. |
Sec 8 | Am 1989 No 132, Sch 1; 1991 No 17, Sch 1. |
Sec 9 | Subst 1988 No 131, Sch 4. |
Part 4, heading | Rep 1999 No 94, Sch 2 [6]. |
Part 5, heading | Subst 1989 No 89, Sch 2. Rep 1999 No 94, Sch 2 [6]. |
Sec 15 | Am 1987 No 209, Sch 7. |
Sec 16A | Ins 1997 No 86, Sch 2 [1]. |
Sec 16B | Ins 1998 No 49, Sch 7. |
Sec 17 | Rep 1989 No 89, Sch 2. Ins 1990 No 74, Sch 1 (1). |
Sec 18 | Rep 1989 No 89, Sch 2. Ins 1996 No 99, Sch 2.6 [1]. |
Sec 19 (Renumbered as sec 24) | Ins 1988 No 96, sec 3. Renumbered 1989 No 89, Sch 2. |
Sec 19 | Ins 1997 No 86, Sch 2 [2]. |
Part 6, heading | Ins 1989 No 40, Sch 1. Rep 1999 No 94, Sch 2 [6]. |
Sec 20 | Ins 1989 No 40, Sch 1. Am 1998 No 150, Sch 1.4. |
Secs 21, 22 | Ins 1989 No 40, Sch 1. |
Sec 23 | Ins 1989 No 40, Sch 1. Am 1989 No 132, Sch 1. |
Part 6A, heading | Ins 1996 No 114, Sch 2. Rep 1999 No 94, Sch 2 [6]. |
Sec 23A | Ins 1996 No 114, Sch 2. Am 1997 No 135, Sch 2 [1] [2]. |
Sec 23AA | Ins 1997 No 135, Sch 2 [3]. |
Sec 23B | Ins 1996 No 114, Sch 2. |
Sec 23C | Ins 1996 No 114, Sch 2. Am 1997 No 135, Sch 2 [4]–[6]. |
Secs 23D, 23E | Ins 1996 No 114, Sch 2. |
Part 7, heading | Ins 1989 No 89, Sch 2. Subst 1996 No 117, Sch 1 [1]. Rep 1999 No 94, Sch 2 [6]. |
Sec 23F | Ins 1996 No 117, Sch 1 [2]. |
Sec 24 (previously sec 19) | Ins 1988 No 96, sec 3. Renumbered 1989 No 89, Sch 2. Am 1996 No 117, Sch 1 [3]. |
Sec 24A | Ins 1996 No 117, Sch 1 [4]. |
Part 8, heading | Ins 1989 No 170, sec 3. Rep 1996 No 99, Sch 2.6 [2]. Ins 1998 No 159, Sch 1. Rep 1999 No 94, Sch 2 [6]. |
Part 8, Div 1, heading | Ins 1998 No 159, Sch 1. Rep 1999 No 94, Sch 2 [6]. |
Sec 25 | Ins 1989 No 170, sec 3. Rep 1996 No 99, Sch 2.6 [2]. Ins 1998 No 159, Sch 1. Am 1999 No 94, Sch 4.69 [1]. |
Part 8, Div 2, heading | Ins 1998 No 159, Sch 1. Rep 1999 No 94, Sch 2 [6]. |
Sec 26 | Ins 1989 No 170, sec 3. Rep 1996 No 99, Sch 2.6 [2]. Ins 1998 No 159, Sch 1. Am 1999 No 94, Sch 4.69 [2]–[4]. |
Sec 26A (previously sec 26 (6)–(9)) | Ins 1998 No 159, Sch 1. Renumbered 1999 No 94, Sch 4.69 [4]. Am 1999 No 94, Sch 4.69 [5]–[8]. |
Sec 26B | Ins 1999 No 94, Sch 4.69 [9]. |
Secs 27–29 | Ins 1989 No 170, sec 3. Rep 1996 No 99, Sch 2.6 [2]. Ins 1998 No 159, Sch 1. |
Part 8, Div 3, heading | Ins 1998 No 159, Sch 1. Rep 1999 No 94, Sch 2 [6]. |
Sec 29A | Ins 1998 No 159, Sch 1. |
Part 9, heading | Ins 1990 No 74, Sch 1 (2). Rep 1999 No 94, Sch 2 [6]. |
Secs 30, 31 | Ins 1990 No 74, Sch 1 (2). |
Sec 32 | Ins 1990 No 74, Sch 1 (2). Am 1995 No 23, Sch 1.4 [1]. |
Sec 33 | Ins 1990 No 74, Sch 1 (2). |
Part 9A, heading | Ins 1995 No 22, Sch 1 [3]. Rep 1999 No 94, Sch 2 [6]. |
Secs 33A–33G | Ins 1995 No 22, Sch 1 [3]. |
Sec 33H | Ins 1995 No 22, Sch 1 [3]. Am 1997 No 96, Sch 2.1 [1]–[3]. |
Sec 33I | Ins 1995 No 22, Sch 1 [3]. |
Sec 33J | Ins 1995 No 22, Sch 1 [3]. Am 1995 No 23, Sch 1.4 [2]; 1996 No 83, Sch 2 [1]; 1997 No 75, Sch 3 [1]; 1998 No 149, Sch 2.5 [1] [2]. |
Sec 33K | Ins 1995 No 22, Sch 1 [3]. Am 1995 No 23, Sch 1.4 [3]; 1996 No 6, Sch 1.4 [1]; 1997 No 65, Sch 4.4 [1]; 1997 No 135, Sch 2 [7]; 1997 No 142, Sch 2.2 [1]; 1998 No 149, Sch 2.5 [3]–[5]. |
Sec 33L | Ins 1995 No 22, Sch 1 [3]. Am 1996 No 6, Sch 1.4 [2]. |
Secs 33M–33P | Ins 1995 No 22, Sch 1 [3]. |
Part 9A, Table 1 | Ins 1995 No 22, Sch 1 [3]. Am 1995 No 87, sec 45; 1996 No 6, Sch 1.4 [3]–[6]; 1996 No 25, Sch 1.2 [1] [2]; 1996 No 83, Sch 2 [2]; 1996 No 137, Sch 2.4 [1]–[3]; 1997 No 15, Sch 2; 1997 No 75, Sch 3 [2]; 1997 No 85, Sch 1.4 [2]; 1997 No 89, Sch 2; 1997 No 135, Sch 2 [8]; 1998 No 113, Sch 2.5; 1998 No 149, Sch 2.5 [6]–[8]; 1998 No 154, sec 20; 1999 No 31, Sch 2.11; 1999 No 85, Sch 2.10. |
Part 9A, Table 2 | Ins 1995 No 22, Sch 1 [3]. Am 1995 No 23, Sch 1.4 [4]; 1996 No 6, Sch 1.4 [7]–[9]; 1996 No 46, Sch 2.1; 1996 No 137, Sch 2.4 [4]; 1997 No 65, Sch 4.4 [2]; 1997 No 85, Sch 1.4 [3]; 1997 No 135, Sch 2 [9]; 1997 No 142, Sch 2.2 [2]; 1998 No 53, Sch 5 [1] [2]; 1998 No 127, Sch 3.3; 1998 No 149, Sch 2.5 [9]–[13]. |
Part 10, heading | Ins 1990 No 74, Sch 1 (2). Subst 1998 No 53, Sch 5 [3]. Rep 1999 No 94, Sch 2 [6]. |
Sec 34 | Ins 1990 No 74, Sch 1 (2). Am 1997 No 85, Sch 1.4 [4] [5]; 1998 No 53, Sch 5 [4]. |
Sec 34A | Ins 1997 No 85, Sch 1.4 [6]. Am 1998 No 53, Sch 5 [5]. |
Sec 35 | Ins 1990 No 74, Sch 1 (2). Am 1997 No 85, Sch 1.4 [7]–[11]; 1998 No 53, Sch 5 [6]. |
Sec 36 | Ins 1990 No 74, Sch 1 (2). Am 1997 No 85, Sch 1.4 [12] [13]; 1998 No 53, Sch 5 [7] [8]. |
Sec 37 | Ins 1990 No 74, Sch 1 (2). Am 1997 No 85, Sch 1.4 [12]; 1998 No 53, Sch 5 [9]. |
Part 11, heading (previously Part 13, heading) | Ins 1991 No 44, sec 3. Renumbered 1992 No 57, Sch 2. Rep 1999 No 94, Sch 2 [6]. |
Part 11, Div 1, heading | Ins 1991 No 44, sec 3. Renumbered 1992 No 57, Sch 2. Rep 1999 No 94, Sch 2 [6]. |
Secs 38, 39 (previously secs 61, 62) | Ins 1991 No 44, sec 3. Renumbered 1992 No 57, Sch 2. |
Sec 40 (previously sec 63) | Ins 1991 No 44, sec 3. Renumbered 1992 No 57, Sch 2. Am 1992 No 57, Sch 2. |
Sec 41 (previously sec 64) | Ins 1991 No 44, sec 3. Renumbered 1992 No 57, Sch 2. Am 1992 No 57, Sch 2. |
Secs 42, 43 (previously secs 65, 66) | Ins 1991 No 44, sec 3. Renumbered 1992 No 57, Sch 2. |
Part 11, Div 2, heading | Ins 1991 No 44, sec 3. Renumbered 1992 No 57, Sch 2. Rep 1999 No 94, Sch 2 [6]. |
Secs 44–48 (previously secs 67–71)
Ins 1991 No 44, sec 3. Renumbered 1992 No 57, Sch 2.
Sec 49 (previously sec 72)
Ins 1991 No 44, sec 3. Renumbered 1992 No 57, Sch 2. Am 1992 No 57, Sch 2.
Secs 50, 51 (previously secs 73, 74)
Ins 1991 No 44, sec 3. Renumbered 1992 No 57, Sch 2.
Part 12, heading
Ins 1992 No 98, sec 3. Rep 1999 No 94, Sch 2 [6].
Sec 52
Ins 1992 No 98, sec 3. Am 1994 No 80, Sch 1. Rep 1999 No 94, Sch 2 [61].
Secs 53–56
Ins 1992 No 98, sec 3. Rep 1999 No 94, Sch 2 [61].
Part 13, heading
Ins 1999 No 48, Sch 1. Rep 1999 No 94, Sch 2 [6] (am 2000 No 53, Sch 3.5 [3]).
Secs 57–69
Ins 1999 No 48, Sch 1.
Sch 1
Ins 1997 No 85, Sch 1.4 [14]. Am 1998 No 53, Sch 5 [10] [11]; 2022 No 70, Sch 2.1.
Sch 2
Am 2007 No 57, Sch 1 [15].
0
0
0