Justices Act Amendment Act 1971 (WA)

WESTERN AUSTRALIA.

JUSTICES.

No. 48 of 1971.

AN ACT to amend sections eighty-two, one hundred and thirty-five and one hundred and sixty- seven of the Justices Act, 1902-1968.

'Assented to 10th. December, 1971.1

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Justices Act 2argatilL.

Amendment Act, 1971.

(2) In this Act the Justices Act, 1902-1968 is yarugd

..	o
n 30th t

referred to as the principal Act.	rAeepti r)sii
Approved for

(3) The principal Act as amended by this Act 11967,Tibder,

may be cited as the Justices Act, 1902-1971.	further
amended by
Act No. 22
of 1968.

No. 48. j Justices. 1.1971.

Repeal and

re-enact-	2.	Section 82 of the principal Act is repealed
ment of

s. 82.

and re-enacted as follows-

(Bail of

defendant

during

examina-	82. Instead of the defendant being remanded in custody, or remaining in custody pursuant to being so remanded, any one Justice before whom the defendant appears or is brought may, notwithstanding the provisions of sections seventy-nine, eighty, and eighty-one of this Act relating to the remand of the defendant in custody but otherwise subject to this Act, order his discharge upon recognisance to appear at the time and place specified in the recognisance, which time may, if the Justice thinks fit, exceed eight clear days, but shall not, unless the defendant consents thereto, exceed thirty clear days. .
tion.)
Amendment

to s. 135.	3.	Section 135 of the principal Act is amended
(Hearings in

absence of	by adding after subsection (2) a subsection as (2a) For the purposes of subsection (2) of this section an affidavit may be taken by, and made and sworn before, any Magistrate, Justice, Clerk of Petty Sessions appointed under section twenty-five A of this Act, or Commissioner for taking Affidavits appointed under section one hundred and seventy-five of the Supreme Court Act, 1935. .
defendant.)	follows

4. Subsection (1) of section 167 of the principal

Act is repealed and re-enacted as follows

Amendment

to s. 167.

(Scale of	(1) The period of imprisonment to be inserted section one hundred and fifty-seven or one hundred and fifty-eight of this Act shall be calculated at the rate of one day for every five dollars payable and also for any fractional part of five dollars payable. .
imprison-
ment for	in a warrant of commitment issued under
non-payment
of money.)