Justices (Amendment) Act 1986 (NSW)

JUSTICES (AMENDMENT) ACT 1986 No. 113

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title

2.      Commencement

3.      Amendmenl of Act No. 27, 1902

4. Transitional Provision

SCHEDULE 1—AMENDMENTS TO THE JUSTICES ACT 1902

JUSTICES (AMENDMENT) ACT 1986 No. 113

NEW SOUTH WALES

Act No. 113, 1986

An Act to amend the Justices Act 1902 to enable Magistrates to reopen proceedings in certain circumstances. [Assented to, 27 November 1986]

Act No. 113

Justices (Amendment) 1986

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:

Short title

1. This Act may be cited as the "Justices (Amendment) Act 1986".

Commencement

2. (1) Sections 1 and 2 shall commence on the date of assent to this

Act.

(2) 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.

Amendment of Act No. 27, 1902

1. The Justices Act 1902 is amended in the manner set forth in Schedule

1.

Transitional provision

4. Section IOOHA of the Justices Act 1902, as amended by this Act, applies to and in respect of a conviction or order of a Justice, whether made before, on or after the day appointed and notified under section 2 (2).

SCHEDULE 1

(Sec. 3)

AMENDMENTS TO THE JUSTICES ACT 1902

(1) Part IVA, heading—

Omit the heading, insert instead:

ANNULMENT OF CONVICTIONS AND

REOPENING OF PROCEEDINGS

Justices (Amendment) 1986

(2) Section 100m—

After section 100H, insert:

Magistrate may reopen proceedings

IOOHA. (1) Where a Justice has convicted or made an order

against a person and has—

(a) imposed a penalty that is contrary to law; or

(b) failed to impose a penalty that is in conformity with the law.

a Magistrate may—

(c) on the Magistrate's own motion; or
(d) on the application of a party to the proceedings,

reopen the proceedings and, after giving the parties an opportunity of being heard, amend the conviction or order and impose a penalty that is in accordance with the law.

(2) Subject to subsection (3), nothing in this section affects the

operation of Part V.

(3) For the purpose of an appeal under this Act in respect of an amended penalty imposed under subsection (1), the time within which the appeal is required to be made shall commence from the date on which that penalty is imposed.

(4) In this section, "'penalty" includes a forfeiture,

disqualification and loss or suspension of a licence or privilege.