Justices (Amendment) Act 1909 (NSW)

Act No. 24, 1909.

An Act to make further provision for the

appoin tment of s t ipendiary magis t ra tes and

thei r deput ies and of police mag i s t r a t e s ; to amend the Liquor Act, 1898, the Small Debts Recovery Act, 1899, the Governmen t Kail- ways Act, 1901, the Jus t i ces Act, 1902, and

the Publ ic Service Act, 1902 ; and for other

purposes. [20th December, 1909.]

BE it enacted l)y the t h e advice and consent of the Legislat ive Counci l and Legislat ive

K i n g ' s Most Exce l len t Majesty , by and wi th

Assembly of N e w South W a l e s in Pa r l i amen t assembled, and by the

au thor i ty of t he same, as follows :—

Preliminary.

1.     This A c t may be cited as the " Jus t ices (Amendmen t ) Act ,

1909."

t h e Jus t i ces Act , 1902, is here inaf ter referred to as the

P r inc ipa l Act .

Amendment of the Justices Act, 1902.

2 . Section seven of the Pr inc ipa l Ac t is amended by the

omission of pa ragraphs (a), (b), and (c) of subsection one, and the

insert ion in lieu thereof of t he following pa rag raph :—

" such persons as may be necessary to have jur isd ic t ion wi th in

(3) The Minis ter may appoint a n y person to ac t as a deputy for any s t ipendiary magis t ra te appointed unde r th i s Act , for a t ime not exceeding in any case fourteen days, while such magis t ra te is absent from his duties for any cause, and every such depu ty shall , while ac t ing

t h e met ropol i tan police district , or w i th in t he police distr ict

of Newcas t le , and any adjoining police dis t r ic t to which the

provisions of th i s P a r t of this Ac t have been or m a y hereaf ter be extended, or wi th in any o ther police distr ict to which the provisions of this P a r t of this A c t have been or m a y hereaf ter

be ex tended . "

3. The same section is amended by the addit ion of t he following

subsect ion at t h e end of t he section :—

ac t ing as such, have t he same jur isdict ion and power, and perform t h e same duties , and be liable to all the provisions of this Act as

if he were a s t ipendiary magis t ra te .

4 . The same Act is amended by the addit ion of the following

section, to be read immedia te ly after section seven :—

7A. (1) The Governor may appoint as a s t ipendiary magis t ra te , to have jur isd ic t ion wi th in the met ropol i tan police district , any person no t an officer in the publ ic service.
(2) The Governor, on the recommenda t ion of the P u b l i c
Service Board, may appoint one of the s t ipendiary magis t ra tes hav ing

jur isdict ion wi th in t he met ropo l i t an police district to be cha i rman of

t he bench of such s t ipendiary magis t ra tes .

(3) The Governor may appoint as a police mag i s t r a t e any

person not an officer in the publ ic service.

(4) N o a p p o i n t m e n t unde r pa rag raph one or pa rag raph

th ree of th i s sect ion shall be made un t i l the P u b l i c Service Board have

repor ted tha t , in thei r opinion, the re is no person in t h e publ ic service as capable of performing the duties of the office to which it is proposed to malce t h e a p p o i n t m e n t as the person outside such service whom it is proposed to appoint .

Al l such reports shall be laid before Pa r l i amen t .

(5) The provisions of subsections two and three of section th i r ty - s ix of the Pub l ic Service Act , 1902, shall not apply to an appo in tmen t unde r this section.

5 . Section th i r teen , pa rag raph (b), of t he Pr inc ipa l Ac t is

amended by t h e omission of the words " t o which this A c t is ex t ended , " and the insert ion in lieu thereof of the words " to which this P a r t of th i s Act is extended "

6. Section fifteen of the Pr inc ipa l Ac t is amended—

(a) by omi t t ing the words " T h e St ipendiary Magis t ra tes appointed

unde r th is Act s h a l l " and subs t i t u t ing in l ieu thereof t h e

words " T h e Governor m a y " ; and

(b) by omi t t ing the words " in the i r respective C o u r t s " and

subs t i tu t ing therefor the words " u n d e r th is A c t " ; and

(c) by omitting the words " All such rules shall be subject to the approval of t he Governor ."

7. Section twenty-f ive, subsect ion one, of the Pr inc ipa l A c t is amended by omi t t ing t he words " at any t ime after the end of the t h e n s i t t ings of such court if t he person so indicted has not a l ready appeared and pleaded to such i n d i c t m e n t , " and subs t i tu t ing therefor t he words " a t any t ime du r ing the s i t t ings of such cour t if the person

so indicted fails to appear and plead to such i n d i c t m e n t . "

8. Section th i r ty-one of the Pr incipal A c t is amended by

adding the following subsec t ion : —

(2) W h e n e v e r any person is apprehended u n d e r any such

war ran t , or u n d e r a wa r r an t issued under the provisions of section

twenty-s ix , t h e Jus t i ce or Jus t i ces before w h o m such person is b r o u g h t

shall thereupon e i ther—

(a) commit h i m —

(i) by w a r r a n t to prison, or some lock-up, or place of s ecu r i t y ;

or

(ii)   verbally to such safe custody as such Justices may think f i t ;

and order h im to be b rough t u p a t a t ime and place to be

appointed by such Jus t i ce or Jus t ices ; or

(b) discharge h im upon his en t e r ing in to a recognizance.

A n d in e i ther case shall give due not ice of t he t ime and place so appointed to the in formant or compla inant .

9 . Section th i r ty - th ree of the Pr inc ipa l A c t is amended by

inser t ing after the words " Provided t h a t " t he words " unless wi th
t he consent of the defendant . "

1 0 .    (1) Section thirty-five, subsection one, of the Pr inc ipa l A c t

is amended by omi t t ing the words " by wa r r an t , cause " and inser t ing in lieu thereof the word " order " ; and by add ing to it the following : " or may discharge h im upon his en te r ing in to a recognizance wi th or w i t h o u t sureties condit ioned tha t he shall appear a t a t ime and place named in such recognizance to be further deal t w i th according to law.

" The war ran t necessary to carry t he abovement ioned order

into effect m a y be signed by any J u s t i c e . "

(2) Subsect ion two of t he same section is amended by
omi t t i ng t he words " i s s u i n g such w a r r a n t " and inser t ing in lieu

thereof the words " before whom the defendant originally appears or

is b r o u g h t . "

1 1 . Subsect ion two of section s ixty-s ix of the P r inc ipa l Ac t is

a m e n d e d —

(a) by omi t t ing t he words " the d e f e n d a n t " and subs t i tu t ing in

l ieu thereof the words " a n y p e r s o n " ; and

(b)	by inser t ing after the words " s u c h w a r r a n t " the words " o r unde r a war ran t issued in pu r suance of t h e provisions of
section s ix ty-one ."

12 .    Section seventy- two of the Pr incipal A c t is he reby repealed.

1 3 . Subsections two, three , and four of section eighty-five are

hereby repealed.

1 4 .    Section eighty-four, subsection three , is amended by omi t t ing

all t he words commenc ing " p r o v i d e d t h a t " to t he end of the

subsection.

1 5 . Section e ighty-seven and subsect ion two of section e igh ty-

eight are amended by omi t t ing t he words commenc ing " and if t h e

Jus t i ce "

Jus t i ce " to t he end of t h e section and subsection respectively, and subs t i t u t i ng therefor the words " toge ther wi th such fur ther s u m for t h e costs of enforcing such convict ion or order, i nc lud ing t h e costs and charges of conveying such person to prison as to such J u s t i c e m a y seem jus t and reasonable ."

16. Section n ine ty , subsection (i). of the Pr inc ipa l Ac t is

amended by inse r t ing after the words " so to d o " the words " a l l o w

t ime or fu r ther t ime for t he p a y m e n t of the said a m o u n t , or any pa r t

thereof, or direct tha t p a y m e n t of the said a m o u n t or any par t	thereof
be made by ins ta lments or	m a y . "

17. Subsection two of section n ine ty -e igh t is amended by the

addi t ion of t h e words " or any o ther process to enforce an ad jud ica t ion ."

18. Section one h u n d r e d and one of t he Pr inc ipa l Act is

amended by omi t t i ng pa rag raphs (a), [b), and (c), and subs t i tu t ing

therefor the words " twenty-one days . "

19. (1) Section one h u n d r e d and five of the P r inc ipa l A c t is

amended by omi t t ing the word	" f i v e " and	subs t i t u t ing	therefor	t he
word " t en . "

(2) The same section is amended by omi t t ing the words

" thereaf ter a n d . "

(3) The same section is amended by add ing the words
" Such not ice and copy of case m a y be served upon the respondent

in t h e m a n n e r prescribed for t he service of a summons by section

s ix ty- three , subsect ion one, of this A c t . "

20. Section one hund red and eleven, subsection one, is amended by inser t ing after the words " under the provisions of" t he words " this division of."

21. Subsect ion one of section one h u n d r e d and twelve of the

Pr inc ipa l A c t is amended by omi t t i ng t h e words " t w e n t y days or, if his place of residence is one h u n d r e d and fifty miles or upwards from Sydney, wi th in s ixty days , " and subs t i t u t i ng therefor t h e words

" t w e n t y - o n e days . "

22. (1) Section one h u n d r e d and twenty- two , subsection one, of

t he Pr inc ipa l Ac t is amended by omi t t ing t h e word " seven " before

" days " and subs t i tu t ing therefor t he word " t w e n t y - o n e . "

(2) Subsect ion two of the same section is amended—

(a) by omi t t ing t he words " holden after t h e expi ra t ion of the

said period " and by inser t ing t he words " c i ther t h e n	s i t t ing
or thereaf te r to sit " ; and

(b) by adding the words " The appeal may proceed, notwith­ s tand ing any omission or error in such not ice or t he non- service thereof, provided the cour t is satisfied t h a t t h e appel lan t and the par t ies interested or concerned in the appeal had knowledge of such t ime and place of hear ing , and were not prejudiced by such omission, error, or non-serv ice ."

23. Section one hund red and twenty- th roe , p a r a g r a p h (b) (ii),

of the Pr inc ipa l Act is amended by omi t t i ng the words " within th ree days after t he day on which notice of appeal was given " and subs t i t u t ing therefor t he words " w i t h i n eight days after the deter­ mina t ion ment ioned in subsection five of t he preceding sect ion."

24. Section one h u n d r e d and twen ty -e igh t of the Pr inc ipa l Ac t

is repealed and t h e following section subs t i tu ted in lieu thereof:—-

12S. A w a r r a n t of c o m m i t m e n t shall not be held void by reason

of any defect there in , if i t be there in alleged t h a t t he offender has been convicted or ordered to do or absta in from doing a n y ac t or th ing requi red to be done or left undone , and the re is a good and valid convict ion or order to susta in t he same.

25. The following section shall be inserted in t he Pr inc ipa l Act and read immedia te ly before section one hundred and forty-six :—-
145A . (1) The description of any offence in t he words of the Ac t , or any order, by- law, regula t ion , or other document crea t ing the offence, or in similar words, shall be sufficient in l a w ; and
(2) A n y except ion, exempt ion , proviso, excuse, or quali­ fication, whe the r it does or does not accompany in t he same section the descript ion of the offence in the Act , order, by-law, regula t ion, or o ther document c rea t ing the offence, may bo proved by the defendant , b u t need no t be specified or negat ived in t he information or complaint , and if so specified or negat ived, no proof in relat ion to the ma t t e r so specified or negat ived shall be required on the pa r t of the informant

or compla inan t .

26. The following section shall be read as section one hundred and fifty-two of the Pr incipal A c t : —

152. If any person shall, du r ing any proceeding before a court of pe t ty sessions presided over by a s t ipendiary or police magis t ra te , or du r ing any proceeding unde r th is Act , or any A c t amend ing the same, before a s t ipendiary or police magis t ra te , or before jus t ices (one of w h o m is a s t ipendiary or police mag i s t r a t e ) , be gu i l ty of con tempt , such person may be punished in a s u m m a r y way by such st ipendiary

impr i sonment for a period not exceeding fourteen days. or police mag i s t r a t e by fine not exceeding forty shil l ings, or by Amendment of the Small Debts Recovery Act, 1899.

27. Section sixty-seven of the Small Debts Recovery Act , 1899,

is hereby repealed.

Amendment of the Government Railways Act, 1901.

28. The Government Rai lways Act , 1901 , is amended as

follows :—

(1) Section one h u n d r e d and thirteen—•

(a) in subsection one, by inser t ing after the word " m a g i s t r a t e "

t he words " or two just ices of the p e a c e " ; and (b)

(b) in subsection two, by omitting the words " before such mag i s t r a t e . "

(2) Section one hundred and fifteen, in subsection two by

inser t ing after t he word " m a g i s t r a t e " the words " o r two

just ices of t he peace ."

(3) Section one hund red and eighteen, by inser t ing after the word " m a g i s t r a t e " wherever occurr ing t he words " o r two

just ices of the peace ."

(4) Section one hundred and nineteen, by inser t ing after t he

word	" m a g i s t r a t e " t he words " or two just ices of the	peace ."
Amendment of the Liquor Act, 1898.

29. Section five of tin; L iquor Act , 1898, is amended—

(a) in subsection one by omitting the words " consist of seven members , and " and subs t i tu t ing therefor the words " from such date as the Governor may de te rmine , consist of th ree s t ipendiary magis t ra tes who shall be appointed in t h a t

b e h a l f " ;

(b) in subsect ion t h r e e —

(i) by omi t t ing the first pa ragraph ;

(ii) in the second pa rag raph by o m i t t i n g the words " F o r every

other l icensing district " and subs t i t u t ing therefor t he

words " F o r every l icensing dis t r ic t o ther t h a n the met ropol i tan , subject to t he provisions of sections one h u n d r e d and forty-eight to one hund red and fifty-one, inclusive of t he Jus t ices Act, 1902 " ;

(iii)    in t he th i rd pa rag raph by omi t t i ng t h e words " The senior police m a g i s t r a t e " and subs t i tu t ing therefor the words

" T h e cha i rman of t he bench of s t ipendiary magis t ra tes " ;

(c)	in subsection seven by omitting paragraphs (a) and (b) and
subs t i t u t i ng therefor the words " A n y two m e m b e r s thereof ."
30. Section e ight of the same A c t is amended by omi t t i ng t he

words " m e t r o p o l i t a n police or s t ipendiary m a g i s t r a t e s " and subs t i tu t ing

therefor t he words " m e m b e r s of t he l icensing cour t . "

31. Subsection th ree of section twelve of the same Ac t is

amended by omi t t i ng t he words " t i n ; cha i rman shall have (in addi t ion

to his original) a cas t ing v o t e " and subs t i t u t ing therefor t he words

" t h e m a t t e r shall be adjourned to a mee t ing a t which	th ree members
are	p resen t . "

32. Section one h u n d r e d and six, subsect ion (i), is amended by

add ing at t h e end of t h e subsect ion t h e words " o r before a cour t of

pe t t y sessions : Provided tha t a court of pe t ty sessions shall no t have jur isd ic t ion in cases where the holder of a license is summoned to show cause why such license should not be cancelled, or in which the

cour t

court m i g h t order a license to he cancelled or forfeited, or a l icensee or any premises in respect of which a license has been gran ted , to be disqualified."

33.    Section one h u n d r e d and seven is repealed.

34. Section one hundred and e ight is repealed and the following

section subs t i tu ted in its place :—

10S. (1) A n y person aggrieved by any adjudicat ion of a l icensing cour t made unde r this Act , where such adjudicat ion is not the refusal of a certificate for t he grant , transfer, or removal of a license, or the cancellat ion or forfeiture of a license, or the refusal of a permit under section forty-nine or fifty, may appeal against such adjudicat ion to a court of quar te r sessions.

The provisions of Division Four of Far t V of the Jus t ices Act ,

1!)02, or of any Act amend ing the same, re la t ing to appeals from an

order or conviction shall, save as hereinaf ter provided, apply, muta t i s

mu tand i s , to appeals unde r this section from any such adjudicat ion.

(2) A n y person appeal ing aga ins t t he refusal of the renewal of a license shall , a t the same t ime as he gives not ice of his in ten t ion to appeal , lodge with the clerk of the l icensing cour t a sum equal to the a m o u n t last paid as a fee for the license of t he premises, toge ther wi th a fur ther sum of twen ty pounds as securi ty for costs.

Thereupon such premises shall be deemed to be licensed premises un t i l t he hea r ing of the appeal , subject to t he p a y m e n t of a propor t iona te pa r t of t he license fee for t he t ime after the expira t ion of the former license.

If at such hear ing the ma t t e r is de te rmined against the

appel lant , the court shall apply t he f irst-mentioned sum in pay ing the said propor t ionate par t of the license fee, and shall refund the balance to the appel lant .

(3) "Where, du r ing the pendency of such appeal , a vote of electors has been carried in favour of a reduc t ion of licenses in the electorate in which the premises are si tuated, the license the subject; of t he appeal shall be dealt with by the special court cons t i tu ted to

as if such license were in existence. de te rmine the reduct ion to lie made in the n u m h e r of exis t ing licenses, Act