Justices (Amendment) Act 1988 (NSW)

JUSTICES (AMENDMENT) ACT 1988 No. 98

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title
2. Commencement

3. Amendment of Justices Act 1902 No. 27

4. Transitional provisions
SCHEDULE 1—AMENDMENTS RELATING TO PAPER COMMITTALS

SCHEDULE 2-AMENDMENTS RELATING TO TAKING EVIDENCE IN

ABSENCE OF DEFENDANT

SCHEDULE 3—AMENDMENTS RELATING TO PENALTY NOTICES

SCHEDULE 4—TRANSITIONAL PROVISIONS

JUSTICES (AMENDMENT) ACT 1988 No. 98

NEW SOUTH WALES

Act No. 98, 1988

An Act to amend the Justices Act 1902 with respect to paper committals,
taking evidence in the absence of a defendant and penalty notices. [Assented
to 19 December 1988]

2   Act No. 98

Justices (Amendment) 1988

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Justices (Amendment) Act 1988.

Commencement

2. (1) This Act commences on a day or days to be appointed by

proclamation, except as provided by subsection (2).

(2) Section 4 and Schedule 4 commence on the date of assent to this Act.

Amendment of Justices Act 1902 No. 27

1. The Justices Act 1902 is amended as set out in Schedules 1-3.

Transitional provisions

4.    Schedule 4 has effect.

SCHEDULE 1—AMENDMENTS RELATING TO PAPER

COMMITTALS

(Sec. 3)

(1) Section 48BA—

After section 48B, insert:

Addresses and telephone numbers not to be disclosed

48BA. (1) A written statement served on a defendant under section 48B in committal proceedings must not disclose the address or telephone number of the person who made the statement or of any other living person, unless—

(a) the address or telephone number is a materially relevant

part of the evidence; or
(b)	the Justice or Justices make an order permitting the disclosure in the statement.

(2) An application for such an order may be made by the informant or the defendant.

(3) The Justice or Justices shall not make such an order unless satisfied that disclosure is not likely to present a reasonably ascertainable risk to the welfare or protection of any person or that the interests of justice (including the defendant's right to prepare properly for the hearing or for trial) outweigh any such risk.

(4) An address or telephone number that must not be disclosed may, without reference to the person who made the written statement, be deleted from the statement, or rendered illegible, before the statement is served on the defendant.

Justices (Amendment) 1988

SCHEDULE 1—AMENDMENTS RELATING TO PAPER

COMMITTALS—continued

(5) A written statement is not inadmissible as evidence on the ground that it either does or does not disclose any such address or telephone number as is mentioned in this section.

(6) This section does not prevent the disclosure of an address in a written statement if the statement does not identify it as a particular person's address.

(7) In this section—
"address" includes a private, business or official address;

"telephone number" includes a private, business or official

telephone number.

(2) Section 48c (Requirements as to statements)—

Section 48c (1) (a), (b)—

Omit the paragraphs, insert instead:

(a) the statement is not endorsed in the following form:

This statement made by me accurately sets out the evidence which I would be prepared, if necessary, to give in Court as a witness.

The statement is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence. I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.

SCHEDULE 2—AMENDMENTS RELATING TO TAKING

EVIDENCE IN ABSENCE OF DEFENDANT (Sec. 3)

Section 41 (Procedure on hearing of charge of indictable offence)—

(1) Section 41 (1B) (b)—

Omit "together with one or more other defendants,".

(2) Section 41 (1B) (e)—

Omit the paragraph, insert instead:

(e) The evidence for the prosecution shall not be taken under

paragraph (d) in the absence of a defendant unless—

(i)  the defendant has been served under section 48B with a copy of any written statement to be tendered as evidence in the proceedings: or

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Justices (Amendment) 1988

SCHEDULE 2—AMENDMENTS RELATING TO TAKING EVIDENCE

IN ABSENCE OF DEFENDANT—continued

(ii)  the defendant has been informed of the time set by the Justice or Justices for the commencement of the taking of the evidence for the prosecution.

SCHEDULE 3—AMENDMENTS RELATING TO PENALTY

NOTICES

(Sec. 3)

(1) Section lOOi (Definitions)—

Insert (in alphabetical order) in the statutory provisions listed in paragraph (a) of the definition of "penalty notice" the following matter:

Companies (New South Wales) Code, section 570A;
Futures Industry (New South Wales) Code, section 149;

Securities Industry (New South Wales) Code, section 141 A;

(2) Section IOOLA—

After section 100L, insert:

Withdrawal of certificate

1 OOLA. (1) If a certificate has been produced to an authorised

Justice under section 100L in relation to a penalty notice, an appropriate officer may, by notice in writing, request the authorised Justice, or another authorised Justice at the court at

enforcement order is made, the authorised Justice to whom the	which the certificate was produced, to withdraw the certificate. (2) If the notice of withdrawal is received before the
request is made must withdraw the certificate.
(3) A certificate which is withdrawn under this section has no further force or effect.

(3) Section 100M (Costs)— Section 100M (a)— Omit the paragraph, insert instead:

(a) the prescribed amount or such greater amount as to the authorised Justice seems just and reasonable; or

Justices (Amendment) 1988

SCHEDULE 3—AMENDMENTS RELATING TO PENALTY

NOTICES—continued

(4) Part 4B, Division 3, heading—

After "Annulment", insert "or withdrawal".

(5) Section IOOXA—

After section lOOx, insert:

Withdrawal of enforcement orders

IOOXA. (1) If an enforcement order has been made in relation

to a penalty notice, an appropriate officer may, by notice in
writing, request an authorised Justice at the court in which the
order was made to withdraw the order.

(2) The authorised Justice to whom the request is made must make an order withdrawing the enforcement order.

(3) An enforcement order which is withdrawn under this section ceases to have any force or effect as from the making of the order of withdrawal.

SCHEDULE 4—TRANSITIONAL PROVISIONS

(Sec. 4)

Paper committals

1. (1) The amendment made by item (1) of Schedule 1 applies only to written

statements served after the commencement of that item.

(2) The amendment made by item (2) of Schedule 1 applies only to written statements

made after the commencement of that item.

(3) Section 48c (1) of the Justices Act 1902, as in force immediately before the commencement of item (2) of Schedule 1, continues to apply in relation to written statements made before that commencement as if that item had not been enacted.

Taking evidence in absence of defendant

2.      The amendment made by an item of Schedule 2 applies in relation to proceedings

commenced before or after the commencement of that item.

Penalty notices

3. (1) Section IOOLA of the Justices Act 1902, as inserted by item (2) of Schedule 3

applies in relation to certificates produced before or after the commencement of that
item.

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Justices (Amendment) 1988

SCHEDULE 4—TRANSITIONAL PROVISIONS—continued

(2) Section IOOXA of the Justices Act 1902, as inserted by item (5) of Schedule 3 applies in relation to enforcement orders made before or after the commencement of that item.

[Minister's second reading speech made in—

Legislative Assembly on 15 November 1988

Legislative Council on 7 December 1988]