Justices Act Amendment Act 1972 (WA)

WESTERN AUSTRALIA.

JUSTICES.

No. 17 of 1972.

AN ACT to amend the Justices Act, 1902-1971.

[Assented to 26th May, 1972.]

BE it enacted by the Queen's Most Excellent Majesty, 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 aigrettat.3.

Amendment Act, 1972. tion•

referred to as the principal Act. printed Acts. (2) In this Act the Justices Act, 1902-1971 is all-of

Approved for

reprint 30th

(3) The principal Act as amended by this Act may 906v7eanne r,

be cited as the Justices Act, 1902-1972.	further
amended by
Acts Nos. 22
of 1968 and 48 of 1971.

2. (1) Subject to subsection (2) of this section, commence-

this Act shall come into operation on a date to be

fixed by proclamation.

No. 17.] Justices. [1972.

(2) It is not necessary that the whole of this Act be proclaimed to come into operation on the one day; and the several sections may be proclaimed to come into operation on such respective days as are fixed by proclamation.

Amendment

to s. 1. (Short	3. Section 1 of the principal Act is amended by
title and

division of adding at the end thereof a passage as follows

the Act.)

PART X.-MAINTENANCE AND DESTRUCTION OF

COURT RECORDS. .

Amendment

to s. 4. 4. Section 4 of the principal Act is amended

(Interpreta- tion.)	(a)	by deleting the words "before Justices", in line three of the interpretation "Simple Offence"; and
(b)	by deleting the words "by Justices", in line two of the interpretation "Summary Con- viction" or "Conviction".
Amendment

to s. 20. 5. Section 20 of the principal Act is amended

(General provisions.)	(a)	by adding after the section number "20." the subsection designation "(1)";
(b)	by adding after the word "may", in the third last line, the passage ", subject to subsection (2) of this section,"; and
(c)	by adding a subsection as follows

(2) Where for any indictable offence offenders may, in some circumstances, be punished summarily, a person shall not be charged with the offence before Jus- tices, and Justices shall not deal with the charge or examine the defendant or com- mit him for trial, if there is a Magistrate available or the defendant does not con- sent, in which case a reference in this Act to any number of Justices shall be read and construed, with such modifica- tions as are necessary, as a reference to a Magistrate. .

1972.] Justices. [No. 17.

ndment

6. Section 29 of the principal Act is amended by to se . 29.

substituting for the word "shall", in line four, the (Hearing of	comp/aints.)
word "may".

7. Section 30 of the principal Act is amended— tAna	o serent
decide.) (Majority to

(a)	by deleting the second paragraph;
(b)	by deleting the word "also" in line one of the third paragraph; and
(c)	by deleting the passage "a Magistrate, if he is one of the Justices, and in the absence of a Magistrate,", in lines two, three, and four of the third paragraph.

Amendment

8. Section 33 of the principal Act is amended to s. 33. (Special

(a)	by adding after the section number "33.",	powers given
to Police and
the subsection designation (1); and	Resident
Magistrates
who may in

(b) by adding a subsection as follows all cases actalone.)

(2) Where two or more Justices, one of whom is a Magistrate, are present and acting at the hearing of any matter and do not agree, the decision of the Magis- trate shall prevail, notwithstanding that a majority of the Justices are of a different opinion. .

9.    Section 93 of the principal Act is amended by Amendment

substituting for the words "taken before Justices (Forfeited iitse_

exercising a summary jurisdiction", in lines two and %ateskhow e

three, the passage "that is referred to in subsection fod.)	rc	e
(1) of section one hundred and fifty-four A".

10. Section 136A of the principal Act is to ms.

amended—

(a) by adding after the word "decision", in line seven of subsection (1), the passage ", or within such further period as the court may direct";

No. 17.] Justices. [1972.

(b) by repealing and re-enacting subsection (3) as follows

(3) All the provisions of sections one hundred and eighty-seven and one hun- dred and eighty-eight of this Act that apply to and in relation to the release, and security for appearance, of an appellant who is in custody apply, as if they were repeated in this section, to and in relation to the release, and security for appearance, of an applicant who is in custody, but as if any reference in those provisions to the expressions "appellant" and "appeal" respectively were references to the expressions "applicant" and "application" respectively. ; and

(c) by substituting for the words "if the appli- cant has", in lines three and four of sub- section (4), the words "unless the applicant was released from custody on recognisance pending the decision on the application and has not".

Amendment

to s. 154A.	11. Subsection (1) of section 154A of the princi-
recog-

(Enforcing	pal Act is amended
nisances.)

(a) by substituting for the passage beginning with the word "sureties", in line two, and ending with the word "Act", in line eleven, a passage as follows

sureties by any recognisance entered

into

(a)	pursuant to this Act;
(b)	pursuant to an order or decision of any court of summary jurisdiction;
(c)	in respect of any matter cognisable by such a court; or
(d)	to attend or appear before such a court ; and

1972. ] Justices. [No. 17.

(b) by adding after the word "Act", in line sixteen the passage "and courts of summary jurisdiction, whether constituted under this or any other Act, may hear and determine them" .

12.    Section 163 of the principal Act is amended tolse./artent

by substituting for paragraph (2) a paragraph as gir:::ccir

follows: 'don.)

(2) The wearing apparel of a person to the value of one hundred dollars and of his wife to the value of one hundred dollars and of his family to the value of fifty dollars for each member thereof dependent on him; household furniture and effects to a value not exceeding in the aggregate three hundred dollars, tools and implements of trade and all beds and bedding, family portraits and photographs shall not be taken in execution. .

13.    Section 197 of the principal Act is amended— rtliTericgl ent

(Order to

review.)

(a)	by adding after the section number "197." the subsection designation "(1)";
(b)	by adding after the word "shows," in line four, the passage ", or the Attorney General shows";
(c)	by adding after the word "aggrieved", in line eleven, the words "or the Attorney General";
(d)	by adding after the words "shows", in line seventeen, the passage, "or, in respect of such a case, the Attorney General shows";
(e)	by substituting for the words "except where the person", in line twenty-three, the words "unless the applicant"; and

No. 17.] Justices. [1972.

(f) by adding at the end of the section sub- sections as follows

(2) The right of the Attorney General to be an appellant is irrespective of, and does not effect

(a)	any right that another person has to be an appellant or to ap- peal under section one hundred and eighty-three of this Act; or
(b)	any other remedy that is pro- vided by law to any person,

in respect of the same decision.

(3) Where the Attorney General and another person are appellants in respect of the same decision, the Judge may con- sider and determine their applications for an order to review at the same time.

(4) Where the Attorney General is an appellant the provisions of sections two hundred, two hundred and six G, and two hundred and six H of this Act do not apply to or in respect of him but the other provisions of this Act relating to an ap- pellant for an order to review do, with any necessary modifications, so apply. .

Amendment

to s.1.98. 14. Section 198 of the principal Act is amended

(Order to review.	(a)	by adding after the section number "198."
Before whom
returnable.)	the subsection designation "(1)"; and
(b)	by adding at the end of the section a sub- section as follows

(2) Where orders to review have been granted to the Attorney General and another person in respect of the same decision, the Court or a Judge may, at any time, direct that the orders shall be heard together. .

1972.] Justices. [No. 17.

Amendment

15. Section 206 of the principal Act is amended to s. 206. (Costs.)

(a)	by adding after the section number "206." the subsection designation "(1)"; and
(b)	by adding at the end of the section a sub- section as follows

(2) Where the Attorney General is an appellant and costs are allowed against him to another person, such costs are not recoverable from the Attorney General but the Registrar of the Supreme Court shall give to that other person a certifi- cate sealed with the seal of the Supreme Court showing the amount of such costs and on production of the certificate to the Treasurer, that other person shall be paid such amount out of the Consolidated Revenue Fund. .

16. The principal Act is amended by adding after Addition of Part X.

Part IX a Part as follows

PART X.-MAINTENANCE AND DESTRUCTION OF

COURT RECORDS.

233. In this Part	Interpreta-
tion.

"court record" means official record of any proceedings in any Court of Petty Ses- sions and includes any document filed in the Court, or in the custody of the Court, in relation to the proceedings; and

"document", "official record", "negative", and "reproduction" have the same respective meanings as they have in and for the purposes of the Division of the Evidence Act, 1906 relating to the reproduction of documents.

234. A negative of a court record may be lg ei irveect s

g

made at any time to be held by or on behalf of

the Court.

No. 17.] Justices. [1972.

Destruction

of court	235. A court record may, in any case, be
records

generally.

destroyed after the expiration of fifty-three

years from the time it became such a record.

Destruction

A court record may be destroyed at any the time it became such a record if a negative of it is held by or on behalf of the Court but in that case the negative shall be so held until the expiration of fifty-three years from the time the court record became such a record.

of court 236.

records

where nega-	time after the expiration of three years from
tives held.
Evidentiary

For the purposes of the laws relating to the admissibility of evidence but without other- wise affecting those laws, where, at any time, a negative of a court record is held by or on behalf of the Court, the negative is deemed to be the court record and shall be treated as such by any Court of Petty Sessions, and any other Court, without any enquiry as to whether or not the court record has been destroyed. .

provision. 237.