Justices (Penalty Defaults) Amendment Act 1987 (NSW)

JUSTICES (PENALTY DEFAULTS) AMENDMENT ACT

1987 No. 253

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title
2. Commencement
3. Amendment of Act No. 27, 1902

SCHEDULE 1—AMENDMENTS

JUSTICES (PENALTY DEFAULTS) AMENDMENT ACT 1987 No. 253

NEW SOUTH WALES

Act No. 253, 1987

An Act to amend the Justices Act 1902 as a consequence of the enactment of the Motor Traffic (Penalty Defaults) Amendment Act 1987 and the Transport (Penalty Defaults) Amendment Act 1987. [Assented to 16 December 1987]

Justices (Penalty Defaults) Amendment 1987

The Legislature of New South Wales enacts:

Short title

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

Act 1987.

Commencement

1. This Act shall commence on 1 January 1988.

Amendment of Act No. 27, 1902

1. The Justices Act 1902 is amended as set out in Schedule 1.

SCHEDULE 1—AMENDMENTS

(Sec. 3)

(1) Section 82 (Abolition in all cases of recovery of fine etc. by levy and

distress)—

Section 82 (2)—
Omit "except where the conviction or order is made against a
corporate body, therein and thereby", insert instead:

except—

(a)	in the case of a conviction or order made against a corporate body; or
(b)	in the case of a conviction or order to which section 87A applies,

in and by the conviction or order

(2) Section 87 (Warrant of commitment for non-payment)—

87A applies)".

Section 87 (a)— section

(3) Section 8 7 A —

After section 87, insert:

Warrant of commitment in respect of certain traffic and other offences

87A. (1) This section applies to—

(a) a conviction of a person (whether a natural person or a

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Justices (Penalty Defaults) Amendment 1987

SCHEDULE 1— AMENDMENTS—continued

(b) any order ancillary to such a conviction,

by which it is adjudged that any fine or penalty, or any sum of
money, or costs, shall be paid.

(2) In default of payment, in accordance with the terms of the conviction or order, of an amount adjudged payable by a conviction or order to which this section applies, an authorised justice may, by warrant, commit the convicted person to prison to be kept there for a period specified in the warrant unless the person sooner pays the amount together with such further sum for the costs of enforcing the conviction or order as seems just and reasonable to the authorised justice.

(3) The period to be specified in the warrant shall be calculated
in the same way as a period of imprisonment is calculated in

relation to a conviction or order to which section 82 (2) applies.

(4) Part IVB, Division 4—

After Division 3, insert:

Division 4—Bringing before court of matters dealt with under

Motor Traffic Act 1909 or Transport Act 1930

Application to have offence dealt with by court

100Y. (1) If—

(a)	a person's licence, or the registration of a person's vehicle, has been cancelled under section 18c of the Motor Traffic Act 1909, or under regulations made for the purposes of
for a particular offence; and section 265 (3) of the Transport Act 1930, as a result of non-payment of the penalty imposed by a penalty notice

(b) the person desires to have the offence dealt with by a court, the person may make an application to have the matter dealt with by a Local Court.

(2) The application shall be made in writing, within 12 months after the cancellation of the licence or registration, and may be lodged with the Clerk of any Local Court.

(3) In the application, the applicant (having regard to the

Justices (Penalty Defaults) Amendment 1987

SCHEDULE 1—AMENDMENTS—continued

(a)	a person's licence, or the registration of a person's vehicle, has been cancelled under section 18c of the Motor Traffic Act 1909, or under regulations made for the purposes of section 265 (3) of the Transport Act 1930, as a result of non-payment of the penalty imposed by a penalty notice for a particular offence; and
(b)	the Minister, on application made by the person at any time, is satisfied that any question or doubt has arisen as to the liability of the person for the penalty,

the Minister may refer the matter to the Clerk of any Local Court.

Consideration of applications

IOOZA. (1) An application under section IOOY, or a reference from the Minister under section lOOz, in relation to an offence shall be dealt with by the Clerk of the Local Court nearest to the place where the offence was allegedly committed.

(2) The Clerk, if satisfied that—

(a)	a courtesy letter in relation to the offence was not received by the person concerned before the expiry of the time within which the person might have taken action under section 100J (4) to have the offence dealt with by a court;
(b)	the person was otherwise hindered by accident, illness, misadventure or other cause from taking that action; or
(c)	having regard to the circumstances of the case, there is other just cause for having the offence dealt with by a Local Court,

may issue to—

(d) the person concerned; and

(e) the Commissioner of Police and any other interested parties,

a notification that the offence is to be dealt with by the Local
Court.

(3) The Commissioner of Police, on being so notified by the Clerk of the Local Court, shall cause a statement of particulars of the offence to be sent-to the Local Court at which the matter is to be heard.

(4) If not of the opinion that a particular offence the subject of an application under section IOOY or a reference under section lOOz should be dealt with by the Court, the Clerk of the Local Court shall accordingly notify all parties interested or concerned.

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Appeal

IOOZB. (1) The provisions of section 1 00T apply to the decision of the Clerk of a Local Court under section IOOZA in the same way as they apply to the decision of such a Clerk under section 100s, and so apply as if the reference in section 100T (6) to the annulment of an enforcement order were a reference to a determination that the relevant offence should be dealt with by the Local Court.

(2) A Justice acting in pursuance of this section has the same powers, discretions and duties as the Clerk -:f the Local Court under section IOOZA.

Service of notices

lOOzc. The provisions of section IOOTA apply to any notice required to be given under this Division, and so apply as if a reference to an applicant were a reference to a person—

(a) making an application under section 100Y; or (b) the subject of a reference under section lOOz.

Procedure after matter referred to Local Court

IOOZD. (1) If an offence is to be dealt with by a Local Court

pursuant to the decision, in accordance with this Division, of the
Clerk of the Court or a Justice at that Court—

(a)	the statement of particulars furnished under section IOOZA (3) shall be deemed to be an information laid by the person
who furnished it; and
(b)	subject to any Act, a Justice may hear and determine the matter of the information.

(2) A person who is deemed by this section to have laid an information shall be regarded as an informant.

(3) Section 56 does not apply to a statement deemed by this

section to be an information.
Interim restoration of licence by order

IOOZE. (1) If the person for whose benefit a notification under

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SCHEDULE 1—AMENDMENTS—continued

with a licence or certificate of registration, as the case requires, by way of restoration of a licence or registration cancelled in respect of the alleged offence.

(2) A licence or registration so restored has effect, subject to the Motor Traffic Act 1909 and the Transport Act 1930, until the date on which it would have expired if it had not been cancelled.

Multiplicity of matters

IOOZF. Any order, notification or process that may be made, given or issued under this Division may be validly made, given or issued in relation to one offence or more than one offence, but section 57 extends to apply to a statement deemed by section

IOOZD to be an information.

Ex parte procedure

100ZG. (1) If—

(a)	an offence is to be dealt with by a Local Court pursuant to the decision, in accordance with this Division, of the Clerk of the Court or a Justice;
(b)	by the operation of section IOOZD, an information is deemed to have been laid in respect of the offence;
(c)	notice of the hearing of the matter of the information has been given to the defendant; and
(d)	the defendant does not appear at the time and place fixed

for the hearing,

the Court before which the matter of the information comes for

hearing may, if it is satisfied that—

(e)	the facts as alleged in the information constitute the alleged offence; and
(f)	reasonably sufficient particulars of those facts are set out in the information or in an annexure to the information,

thereupon make an order imposing on the defendant a penalty to be paid within such time as is specified in the order, being a penalty of an amount not exceeding the amount of the pecuniary penalty that might have been imposed had the defendant been convicted of the offence.

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Justices (Penalty Defaults) Amendment 1987

SCHEDULE 1— AMENDMENTS—continued

(2) Subsections (3)-(l 1) of section 75B apply to proceedings at a hearing described in this section in the same way as they apply to proceedings conducted in accordance with that section.