lanatory n (NSW)

New South Wales

under the

Justices Act 1902

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Justices Act 1902.

J W Shaw

Attorney General

lanatory n

The objects of this Regulation are:

(a) to specify short descriptions for certain offences under the Inclosed

Lands Protection Act 1901, the Innkeepers Act 1968 and the Police Offences Act 1901 to facilitate the issue of summonses. warrants and

other legal processes, and

(b) to make minor amendments for the purposes of law revision.

This Regulation is made under the Justices Act 1902, including sections

145B and 154 (2) (the general regulation-making power).

Published in Gazette No 130 of 4 September 1998, page 7238 Page 1

Clause 1	Justices (General) Amendment (Short Descriptions of Offences) Regulation 1998
1 Name of Regulation

This Regulation is the Justices (General) Amendment (Short
Descriptions of Offences) Regulation 1998.

2 Amendment of Justices (General) Regulation 1993

The Justices (General) Regulation 1993 is amended as set out in

Schedule 1.

3 Repeal

The Liquor and Registered Clubs(Short Description of Offences)

Regulation 1994 is repealed.

4 Transitional

( 1 )

This clause applies to any information. complaint. summons, warrant, notice, order or other document (whether issued, given or made before or after the repeal of the repealed regulations) that relates to an offence alleged to have been committed before that repeal.

(2)

The repeal of the repealed regulations does not affect the validity of any information. complaint. summons. warrant, notice. order or other document in which an expression prescribed by the relevant repealed regulation is used.

(3)

In this clause, the repealed regulations means the following
regulations:

( a )	Justices (Short Descriptions of Miscellaneous Offences) Regulation 1993.
(b)	Justices (Short Descriptionsof Local Govenment Offences) Regulation 1993.
(c)	Consumer Protection (Short Description of Offences) Regulation 1993.
(d)	Liquor and Registered Clubs (Short Description of Offences) Regulation 1994.

5 Notes

The explanatory note does not form part of this Regulation.

Justices (General) Amendment (Short Descriptions of Offences) Regulation 1998

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 2)

[1]        Clause 23A Written pleas (sec 75)

Omit “Form 5”. Insert instead “Form 6”.

[2]        Clause 23B

Insert after clause 23A:

23B Short descriptions of various offences under certain

legislation

( 1 )

For the purposes of section 145B of the Justices Act

1902, the prescribed expression for an offence created by

a provision specified in Column 1 of Schedule 3 is:

(a)	the expression specified in Column 2 of that Schedule, or
(b)	if a choice of words is indicated in that expression.

the words remaining after the omission of the

words irrelevant to the offence.

(2)	For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule
3, the prescribed expression for the offence is taken to
relate to the offence created by the provision, as the provision was in force when the offence is alleged to have been committed.
(3)	The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used, and any such document continues to have effect as if that expression had not been amended or repealed.
( 4 )	Subclause ( 3 ) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.

1998 No 526

Justices (General) Amendment (Short Descriptions of Offences) Regulation 1998

Schedule 1 Amendments

1. Schedule 2 Forms

   Renumber Form 5 (as inserted by the Justices (General) Amendment

   (Notice of Plea) Regulation 1998) as Form 6 .

2. Schedule 3

   Insert after Schedule 2:

Column 1	Column 2
Offence	Prescribed expression

Offences under the Inclosed
Lands Protection Act 1901

Section 4 (1)—enter into inclosed enter inclosed lands

lands of any other person, without
consent of owner, occupier or
person apparently in charge

Section 4 (1)—remain on inclosed remain on inclosed lands

lands of any other person, after
being requested to leave by owner.
occupier or person apparently in
charge

Section 4A—remain on inclosed offensive conduct on inclosed lands

lands and behave in offensive
manner on inclosed lands of another
person. after being requested to
leave by owner. occupier or person
apparently in charge

Offences under the Innkeepers
Act 1968

Section 9—on demand of payment	fail/refuse to pay for meal/
by innkeeper or servant, fail o r	accommodation

refuse to pay for meal or
accommodation supplied at inn

Justices (General) Amendment (Short Descriptions of Offences) Regulation 1998

Amendments Schedule 1

Offence	Prescribed expression
Section 9—on demand of payment	avoid demand to pay/make demand
by innkeeper or servant, by actions	to pay impossible for meal/
avoid such demand or render such	accommodation
demand impossible and fail to pay
for meal or accommodation supplied
at inn
Offences under the Police Offences Act 1901
Section 108—assault or resist any	assault/resist special constable
special constable in execution of duty