Justices Act 1902 (NSW)

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An Act to consolidate the Statutes relating to Magistrates and Justices of the Peace, to proceedings before and in the nature of appeal from and to proceedings against such Magistrates and Justices; and to other matters in connection therewith.

Part 1Preliminary1Name of Act

This Act may be cited as the Justices Act 1902.

2Repeals and savings(1)

The Acts mentioned in the First Schedule hereto are, to the extent therein expressed, hereby repealed, provided that no such repeal shall invalidate or affect any proceeding, act, or thing done or commenced before the passing of this Act.

(2)

All proceedings initiated before the passing of this Act shall be carried on as far as practicable according to the provisions of this Act, and, subject thereto, according to the provisions of the said Acts, which for that purpose shall be deemed to continue in force notwithstanding the repeal thereof.

(3)

All persons lawfully in custody, or bound by recognizances, at the time of the passing of this Act, under the provisions of any Act hereby repealed, shall be deemed to be in lawful custody, or to be so bound as aforesaid, under the provisions of this Act, and may be dealt with accordingly.

(4)

All persons appointed under any Act hereby repealed, and holding office at the time of the passing of this Act, shall be deemed to have been appointed under this Act.

(5)

All proclamations, notifications, rules, regulations and forms made or prescribed under the authority of any Act hereby repealed, and being in force at the time of the passing of this Act, shall, unless expressly altered by the provisions of this Act, be deemed to have been made or prescribed under the authority of this Act.

3Definitions(1)

In this Act, unless the context or subject-matter otherwise indicates or requires:

Accused person means an accused person, as referred to in the Bail Act 1978.

Attendance notice means a notice authorised to be issued under section 100AB.

authorised justice means:

  • (a)

    a Magistrate or a Children’s Magistrate, or

  • (b)

    a Justice employed in the Attorney General’s Department, or

  • (c)

    a Justice employed in a prescribed office.

Bail has the same meaning as it has in the Bail Act 1978.

Chief Magistrate means the Chief Magistrate of the Local Courts appointed under the Local Courts Act 1982.

Committal proceedings means a hearing before a Justice or Justices for the purpose of deciding whether a person charged with an offence should be committed for trial or for sentence, and includes any proceedings that are preliminary thereto or ancillary thereto.

District Court means the District Court of New South Wales in its criminal jurisdiction (except where used in connection with registrars of the District Court).

Justice means a Justice of the Peace.

Local Court means a Local Court established under the Local Courts Act 1982.

Magistrate means a Magistrate within the meaning of the Local Courts Act 1982.

Regulations means regulations…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.