Local and District Criminal Courts Act 1926 (SA)

(Reprint No. 1)

SOUTH AUSTRALIA

LOCAL AND DISTRICT CRIMINAL COURTS ACT, 1926

This Act is reprinted pursuant to the Acts Republication Act, 1967, and incorporates all amendments in force as at 1 October 1991.

It should be noted that the Act was not revised (for obsolete references, etc.) by the Commissioner of Statute Revision prior to the publication of this reprint.

SUMMARY OF PROVISIONS

PART AI

PRELIMINARY

Section

1.   Short title

2.   Commencement of Act

3.   Repeal

4.   Interpretation

5.   Arrangement of Act

5a.	Transitional provisions
5ab.	Local courts of full jurisdiction, and district criminal courts to be known in future as "district courts"
5ac.	Criminal Injuries Compensation Division

PART BI

APPOINTMENT TO JUDICIAL OFFICE

5b.	Appointment to judicial office
5c.	Acting Judge
5d.	Acting Senior Judge
5e.	Remuneration of Judges
5f.	Retirement from judicial office
5k.	Leave of absence
5l.	Local Court Judges and District Criminal Court Judges
5la.	Judges of the Supreme Court may exercise jurisdiction, etc., conferred on Judges by this Act

CI

THE MASTERS AND REGISTRARS

DIVISION I—THE MASTERS

5m.	The Masters
5n.	Administration duties of the Masters
5o.	Judicial functions of Masters

DIVISION II—THE DISTRICT COURT REGISTRARS

5p. District Court Registrars

DIVISION III—THE REGISTRARS OF MAGISTRATES COURTS

5q. Magistrates Court Registrar

PART I
THE ESTABLISHMENT AND CONSTITUTION OF LOCAL COURTS,
THE APPOINTMENT OF OFFICERS, THEIR FUNCTIONS AND DUTIES

6.   Continuance of local courts already established

7.   Establishment of additional courts

8.   Abolition of local court districts

8a.	Powers of Governor with respect to local courts
9.	Transfer of records and business of abolished court
10.	Limitation of local courts not to affect right of suitors prior to such limitation
11.	Local courts to be courts of record
12.	Present special magistrates, clerks, and bailiffs continued in office
15.	Governor may appoint gaols for imprisonment under warrant of local court; existing appointments to continue
16.	Appointment of officers
17.	Clerks and bailiffs to give security
18.	Remuneration of officers
19.	Offices of the courts, when to be open and sittings of courts
20.	Postponement of court by Attorney-General
21.	Constitution of court
23.	Special provisions for constitution of local court of special jurisdiction
24.	Jurisdiction of special magistrate by consent of parties
25.	Powers and duties of Judge and special magistrate

(1)	II.	To order discovery or inspection
IIa.	To fix day of hearing
IIb.	On application, to deal summarily with the action or any question according to rules of court
III.	To adjourn hearing
IV.	To order re-service of summons
V.	To extend time, set aside judgment by default and suspend execution
VI.	To permit pleadings to be amended and order better particulars of pleadings
VII.	To reinstate action struck out
VIII.	To order interlocutory summons to be heard at another court
IX.	To review decision of clerk
X.	To authorize bailiff to sell by auction
XI.	To appoint special bailiff
XII.	To appoint a temporary clerk or bailiff
XIII.	To amend defects, etc. in proceedings
XIV.	Other powers
26.	Functions and duties of clerk
(2)	I.	To keep record book
II.	To keep Minute Book
III.	To deliver process to bailiff
IV.	To enter dates of service etc. in record book
V.	To return summons, etc., to court from which they were received
VI.	To give notice of trial
VIa.	To notify parties of day fixed for assessment of damages
VII.	To post notices
VIII.	To forward warrant to clerk of nearest court for execution
IX.	To notify receipt of warrants
X.	To note time when warrants applied for
XI.	To deliver warrants in rotation
XII.	To affix seal to all documents
XIII.	To deliver summonses, etc., to bailiff in order of issue
XIV.	To keep books of account, and make returns
27.	Duties of bailiff
(2)	I.	To examine and serve summonses, etc.
II.	To endorse service
III.	To serve summonses, etc. in order in which he received them
IV.	To execute warrants, and make returns of same
IVa.	To execute warrants of commitment and make returns of same
V.	To execute warrants in rotation
VI.	To pay over money
VII.	To be responsible for wrongful acts
28.	Power to make rules of court
29.	References to local court in Acts not repealed
(2)	Saving of rules under unrepealed Acts
30.	Forms may be altered

PART II
THE ORDINARY JURISDICTION OF LOCAL COURTS AND THE
CONCURRENT JURISDICTION OF THE SUPREME COURT

31.   Jurisdiction of courts of full jurisdiction

32.   Jurisdiction of courts of limited jurisdiction

32b.	Jurisdiction of local court of special jurisdiction
33.	Court to have jurisdiction to any amount by consent
34.	Jurisdiction on consent to special procedure
35.	Actions of tort in Supreme Court may be remitted to a local court
35a.	Law and equity to be administered as provided in this Act
35b.	Incidental equitable rights and remedies
35c.	Action in local court cannot be restrained by injunction or prohibition
35d.	Common law and statutory rights and duties
35e.	Local court to do complete justice in cause so as to avoid multiplicity of suits
35f.	Application of ss. 30a and 30b of the Supreme Court Act extended to this Act
35g.	Power to award interest
35h.	Application of sections 65 to 70 (inclusive) of the Supreme Court Act extended to this Act
36.	Rules of equity to prevail when in conflict with common law
37.	Plaintiff not to divide cause of action
38.	Defendant not to divide cause of action for set-off or counter-claim
39.	Jurisdiction in action for ejectment
40.	Supreme Court may order certain actions to be tried in local courts
41.	Amount claimed in Supreme Court reduced by payment into court and plaintiff may sue for balance of claim in local court

(4) Money paid under plea of tender

42.   Costs where plaintiff sues in Supreme Court

PART III REPLEVIN

43.   Replevin may be brought by claim in local court nearest to place of seizure

44.   Clerks of local courts to grant replevin

45.   Party distrained upon to give security

46.   Action of replevin may be commenced in Supreme Court

(2) Conditions of security to be given in such cases

47.   Conditions of security when action of replevin is brought in local court

PART IV
CERTIORARI, PROHIBITION, AND MANDAMUS

48.   Certain writs not to issue

49.   Application may be made to Supreme Court for orders to have effect of such writs

50.   Service of order

51.   Supreme Court may make order absolute

52.   Order to be obeyed

53.   Order to be served promptly

54.   Action commenced in local court may be removed into Supreme Court

55.   Refusal of order by Supreme Court or Judge to be final

56.   No other jurisdiction in Supreme Court over local court matters

PART V
APPEALS FROM LOCAL COURTS TO THE SUPREME COURT

57.   Reservation of question of law

58.   Appeal to the Supreme Court

59.   Notice of appeal

63.   Powers of Supreme Court on hearing of appeal

64.   Signed copy of evidence and special magistrate’s notes to be used on appeal

65.   Duty of clerk of local court after receiving notice of appeal

66.   Costs of appeal

66a. Power of parties to waive rights of appeal

PART VI
THE JOINDER OF PARTIES AND OF CAUSES OF ACTION

67.   Joinder of plaintiffs

68.   Misjoinder and non-joinder of plaintiffs

69.   Joinder of defendants

70.   Defendant need not be interested as to all relief claimed

71.   Where doubt as to party liable

71a.	Vexatious proceedings
72.	Trustees representing estate
73.	Representative actions
74.	Misjoinder and nonjoinder not to defeat action
75.	Mode of applying to rectify misjoinder and nonjoinder
76.	Service of process on added or substituted defendant
77.	One of several persons jointly liable may be sued
78.	Joinder of causes
79.	Defendant may plead set-off or counter-claim

PART VII
THE COMMENCEMENT OF ACTIONS AND PROCEEDINGS TO JUDGMENT

80.   Plaintiff to furnish names of parties and particulars

81.   Allegation as to jurisdiction

82.   Entry of plaint

83.   Summons to issue to defendant

85.   Infants—How they sue and defend

87.   Manner in which proceedings are to be taken on behalf of persons of unsound mind

88.   Consent of persons under a disability

89.   Poor persons

90.   Partners

93.   Summons may be served out of the State

94.   Methods by which a summons may be served

94a.	Special provisions relating to service by post
95.	Service of interlocutory summons and notices
95a.	Record of service
96.	Proof of service
97.	Period allowed for appearance
98.	Mode and effect of appearance
99.	Defendants to counter-claim to be named
100.	Defendants to counter-claim to be served
101.	Appearance to counter-claim
102.	Reply to counter-claim
103.	Defendant’s right of set-off or counter-claim preserved in case of misjoinder
104.	Matters arising pending action
105.	Equitable defence may be availed of
107.	Judgment by default
108.	When not final, damages to be assessed
109.	When action to be tried
110.	Defendant may confess debt or part thereof and judgment thereupon
111.	Defendant may pay money into court
112.	Plaintiff to pay costs in certain cases
113.	Judgment when parties agree as to amount and terms of payment
114.	In what courts actions to be commenced
115.	No objection to be allowed unless ground given and merits proved
116.	Procedure if plaintiff admits action brought in wrong court
117.	If objection not sustained
118.	If sustained, proceedings to be transferred
119.	To what court proceedings to be transferred
120.	Costs may be awarded notwithstanding want of jurisdiction
121.	Security for costs
122.	Plaintiff may discontinue
123.	Counter-claim may proceed though action stayed, discontinued or dismissed
124.	Witnesses may be summoned
125.	Procedure when neither party, or only defendant, appears at trial
126.	Non-appearance of defendant
127.	Court may nonsuit when plaintiff does not appear
128.	Evidence in appealable actions to be taken down in writing and certain notes to be taken
129.	In case of cross judgments, execution to issue for the balance of the larger
130.	Court to give judgment for balance where set-off or counter-claim
131.	Court may order return of chattels detained
132.	Specific delivery of goods sold may be ordered
133.	Second action for same cause not allowed
134.	Party obtaining judgment may cause execution to issue
135.	Right of appearance
136.	Court may nonsuit
137.	Nonsuit same effect as judgment on the merits
138.	On death of sole or one of several plaintiffs or defendants, action not to abate
139.	On death of one of several plaintiffs or defendants, after judgment, proceedings may be taken against survivors
140.	In case of insolvency of plaintiff, action not to abate if trustees elect to proceed
141.	Costs where executor or administrator is unsuccessful plaintiff
142.	When executor or administrator does not appear
143.	Plaintiff may charge devastavit
144.	If waste found provisions as to costs
145.	If assets not denied
146.	Where demand only denied
147.	Judgment of assets quando acciderint
148.	Where total or partial administration alleged and is not proved, but demand is denied and proved
149.	Where total or partial administration alleged and proved and demand is admitted
150.	Where defendant admits demand and fails to prove administration alleged
151.	Procedure on judgment quando acciderint
152.	Defendant admitting assets and demand to pay into court

PART VIIA

SMALL CLAIMS

152a.	Small claims
152b.	Right of representation
152c.	Settlement of proceedings
152d.	Costs
152e.	Issue estoppel does not arise from small claim proceedings
152f.	Certain matters not justiciable under this Part
152g.	Right of appeal

PART VIII
THE ENFORCEMENT OF JUDGMENTS AND ORDERS

153.   Execution against goods

154.   Judgments and orders for sums over $40 to be enforceable by a fieri facias or by capius ad satisfaciendum after return of nulla bona

155.   Clerk to issue warrant of execution and power of bailiff thereunder

156.   Warrant to sell

157.   Warrant of possession of land

158.   Judgment against partners, how recovered

159.   Execution by a person not a party

160.   Execution against a person not a party

161.   Execution against goods of deserting husband

162.   Clerk to issue process on application of party entitled to it

163.   Bailiff to perform duties of sheriff

164.   Gaolers, peace officers, etc., to obey process of local courts

165.   Suspension of execution in case of sickness, etc.

166.   On default of payment of any instalment execution to issue for the whole judgment

167.   When specific delivery is ordered, if defendant make default, he may be distrained upon until compliance

168.   What goods may be taken in execution

169.   Judgment creditor may sue upon securities seized in execution

170.   Warrants may be executed by bailiff of another court

171.   No sale to be made of goods taken in execution until the expiration of five days, except in certain cases

172.   Execution to be superseded on payment of the sum endorsed upon the warrant, together with fees

173.   Party arrested to be discharged on payment

174.   Certificate of judgment for registration in other Local Courts

174a.	Registration of certificate of judgment
174b.	Cost of proceedings in relation to certificates
174c.	Execution not to issue unless affidavit of liability filed
174d.	Control of Local Court over proceedings pursuant to certificate
174e.	Stay of proceedings
174f.	Notification of proceedings upon certificate and of satisfaction of judgment
174g.	Exercise of jurisdiction relating to certificates
174h.	Fees and costs
175.	Summons on unsatisfied judgment
176.	Unsatisfied judgment summons against partners
177.	Examination in unsatisfied judgment summons proceedings
178.	Power to commit to gaol
179.	Procedure where party summoned or company representative does not attend
180.	Warrant of commitment

(4)	Date of warrant of commitment
(5)	Imprisonment not to satisfy or extinguish judgment

181.   Compensation in vexatious cases

(2) Compensation in vexatious cases

182.   Power to examine and commit at hearing of action

183.   Warrants of commitment to be issued to bailiff

183a.	Imprisonment under warrants
184.	Attachment of debts
185.	Garnishee order may be made on a trial or on hearing of judgment summons
186.	Service of order binds debts
187.	If garnishee does not pay or dispute claim, execution may issue
188.	If garnishee disputes liability, question may be tried
189.	Third party, having alleged lien, may be summoned
190.	On trial court may disallow, or allow lien, or order execution to issue
191.	Payment by garnishee discharged his debt pro tanto
192.	Debts attachment book to be kept
193.	Jurisdiction and costs determined by amount of garnishee’s debt
194.	Provision for landlord in case of rent in arrear
195.	Effect of return of "no effects"
196.	Judgment of local courts may be removed into Supreme Court in certain cases and matters incidental to such removal

PART IX
INTERPLEADER SUMMONSES

197.   Bailiffs may interplead where claims as to goods taken in execution are made

198.   Claims to goods taken in execution may be made by telegram

199.   Claimant must deposit the value of the goods, or pay cost of keeping possession, otherwise goods to be sold

200.   Deposits to bailiffs of country local courts may be made to the clerk of a local court within the City of Adelaide

201.   Proceedings in case of claim to goods seized in execution

202.   Withdrawal by claimant and admission of title by execution creditor

203.   On admission of title by execution creditor order protecting bailiff may be made

204.   Claimant to give particulars of his claim for damages

205.   Execution creditor to give notice of claim for damages

206.   Execution creditor or bailiff may pay money into court

207.   From what court interpleader summonses to issue

208.   Interpleader in action by assignee or in action for debt, etc., where conflicting claims exist

209.   Judge or S.M. to be satisfied that defendant claims no interest and does not collude

210.   Absence of common origin of title not to disentitle defendant to relief

211.   Interpleader summons to issue

212.   Claimant to furnish particulars

213.   Payment into court by defendant

214.   Interpleader, how disposed of

215.   Costs and other incidental matters

PART X
THE RECOVERY OF PREMISES

216.   Proceedings for recovery of premises and rent

217.   Clerk of court to enter in plaint book particulars and to issue summons

218.   How summons to be served

219.   Sub-tenant served with summons to give notice to his immediate landlord, who may come in and defend

220.   Procedure applicable to actions under this Part

221.   Court may fix day for recovery of possession, and may enter judgment for mesne profits, rents and costs

222.   Judgment for plaintiff by default

223.   Order need not be drawn up, but warrant may issue if order not obeyed

224.   Warrant a justification to bailiff for entering premises

225.   Warrants to be in force for three months

226.   Judges, magistrates, clerks, bailiffs, and other officers not liable to action on account of proceedings taken

227.   When landlord has lawful title, he shall not be deemed a trespasser by reason of irregularity

228.   Proceedings for recovery of premises where rent is one-half year in arrears

229.   This Part to apply to tenants-at-will

PART XI
THE ACTION OF EJECTMENT

230. Proceedings in ejectment where land is under Real Property Act

231.   Clerk of court to enter particulars in plaint book

232.   Summons to issue

233.   Mode of serving summons

234.   Form of defence

235.   Person making defence to ejectment may limit defence to part only of property

236.   Persons not named in summons may defend action

237.   Plaintiff entitled to judgment if no defence

238.   What to be question in action of ejectment

239.   Proof of title

240.   Proceedings if plaintiff or defendant does not appear

241.   On finding for plaintiff judgment may be entered and execution issue

242.   Proceedings on finding for defendant

243.   Several warrants of execution may issue on judgment in execution

244.   Any joint tenant, etc., may defend as such, and admit right of plaintiff to an undivided share of property, and denial and trial of ouster

245.   If plaintiff or defendant die, action not to abate

246.   If right of deceased plaintiff survives to another plaintiff

247.   If right of deceased plaintiff does not survive to another plaintiff

248.   On death of sole plaintiff, or before trial of one of several plaintiffs whose right does not survive

249.   In case of death of one or several defendants in ejectment who defend jointly

250.   In case of death of sole defendant or of all defendants in ejectment

251.   In case of death before trial of one of several defendants in ejectment who defends for a portion for which the others do not defend

252.   In case of death before trial of one of several defendants in ejectment who defends separately for a portion for which the others also defend

253.   In case of death after verdict of sole defendant or all the defendants in ejectment

254.   Plaintiff in ejectment may discontinue action as to one or more defendants, and one of several plaintiffs may discontinue

255.   Defendants in ejectment may confess

(2)	If one of several defendants confess
(3)	If one of several defendants who defend separately desires to confess

256.   Effect of judgment in ejectment under this Act same as judgment in the Supreme Court

257.   All provisions in this Act to extend to ejectment

258.   Form of warrant of possession

PART XII
SPECIAL EQUITABLE JURISDICTION OF LOCAL COURTS

259.   Special equitable jurisdiction of the local court

260.   Powers of Judge and special magistrate

261.   Cause of action under this Part may be joined with causes under other Parts of this Act

262.   Power of a Judge of Supreme Court to order transfer of actions under this Part to Supreme Court

263.   Actions may be transferred from Supreme Court to Local Court

264.   Power to enforce judgments in equity jurisdiction

265.   When amount of subject matter of suit exceeds limit of the jurisdiction of local court action may be remitted to the Supreme Court

266. Application of Supreme Court Act, 1935, as amended

267.   Discovery

268.   Procedure

269.   Judge may give special directions as to procedure

270.   Power to hear actions in any part of the State

PART XIII
REMEDIES AGAINST DEBTORS ABOUT TO ABSCOND

271.   Creditor may obtain warrant for arrest

272.   Duty to file claim and pay fees

273.   Form and currency of warrants

274.   Bailiff arresting to endorse certificate of time and place of arrest

275.   Duty of person executing warrant

276.   Debtor lodged in gaol on unsatisfied judgment

277.   Procedure where debtor claims to be brought before court

278.   Adjudication of claim

279.   Powers of courts in actions

280.   Discharge of person arrested

282.   Other remedies preserved

PART XIV
COMMISSIONS AND ORDERS FOR THE EXAMINATION OF WITNESSES

283.   Judge or special magistrate may order prisoner to be brought up for the purpose of giving evidence and gaoler’s expenses to be paid

284.   Order for examination of witnesses who are unable to attend at hearing

285.   Commission for examination of witnesses out of State, etc.

286.   Order or commission may be issued at any time before or after appearance

287.   Compelling attendance of witnesses, or production of documents

288.   Examination of witnesses to be taken upon oath

289.   Persons appointed for taking examinations may report to the court upon the conduct or absence of witnesses

290.   Examinations to be received in evidence without proof of signature of Commissioner, etc.

291.   Costs

292.   Practice to be same as in Supreme Court

PART XV
COURT FEES AND COSTS

293.   Costs to abide event

294.   Court fees

295.   Practitioners entitled to costs on certain scale

296.   Costs as between solicitor and client

PART XVI PENALTIES

297.   Punishment for forging signature of magistrate, etc., or counterfeiting seal, or serving forged process, or tendering same in evidence

300.   Local court may fine or imprison for contempt of court

301.   Penalty for assaulting officers, or for rescuing goods taken in execution

302.   Remedy against officers guilty of misconduct

303.   Penalty on taking fees except those allowed

304.   Bailiff of local court not to act as private agent for suitors

305.   Penalty on witness duly summoned not appearing

306.   Subpoena to produce public document not to issue without leave

307.   Proceedings for penalties in certain cases to be heard under Justices Act, 1921

308.   Warrant of commitment to be under hand of clerk and seal of court

PART XVII
PROTECTION OF OFFICERS OF LOCAL COURTS, AND GENERAL MATTERS

309.   Certain certified copies may be evidence

310.   Distress not unlawful for want of form

311.   No action to be brought against bailiff, etc., acting under order of the court, without notice, and making clerk of court a defendant

312.   Protection to officers

313.   Oaths and affirmations, before whom to be taken and made

314.   Suitors’ money unclaimed for six years to go to general revenue, saving disability

315.   Appropriation of penalties

316.   Appropriation of moneys

PART XVIII

DISTRICT CRIMINAL COURTS: ESTABLISHMENT AND ADMINISTRATION

DIVISION 1—ESTABLISHMENT OF DISTRICT CRIMINAL COURTS

317.   District Criminal Courts

318.   Constitution of District Criminal Courts

319.   Division of State into districts

320.   Judges to be assigned to districts

321.   Rules of court

322.   Members of police force to execute process

323.   Seal of District Criminal Court

DIVISION 2—THE CLERKS OF ARRAIGNS AND OTHER OFFICERS:

THEIR DUTIES AND FUNCTIONS

324.   Appointment of Principal Registrar, assistant registrars and other officers

325.   Offices of clerks of arraigns

326.   Duties of the Registrar of a District Criminal Court

DIVISION 3—REPRESENTATION IN COURT

327.   Representation of parties in court

PART XIX
JURISDICTION, POWERS, PRACTICE AND PROCEDURE OF
DISTRICT CRIMINAL COURTS

328.   Jurisdiction and powers of District Criminal Court

330.   Pleading, practice and procedure of District Criminal Courts

332.   Registrar of District Criminal Court to act as clerk of arraigns

333.   Contempt of court

334.   Powers and authorities of Supreme Court for compelling obedience to or punishing disobedience of orders extended to District Criminal Courts

PART XX
PRESENTATION FOR TRIAL

337.   Change of venue of trial to different district

338.   District criminal court provisions and other Acts to be read and construed in pari materia

339.   Attorney-General may before judgment enter nolle prosequi in District Criminal Court

340.   Administrative responsibilities of Attorney-General

340a.	Power of Crown Prosecutor and others appointed by Attorney-General as to informations, etc.
341.	Appropriation of fines and penalties
341a.	Remission of fees
342.	Appropriation of moneys

SCHEDULES

APPENDIX

LEGISLATIVE HISTORY

LOCAL AND DISTRICT CRIMINAL COURTS ACT, 1926

being

Local Courts Act, 1926, No. 1782 of 1926

[Assented to 22 December 1926]1

as amended by

Local Courts Act Amendment Act, 1935, No. 2244 of 1935 [Assented to 19 December 1935]
Statute Law Revision Act, 1935, No. 2246 of 1935 [Assented to 19 December 1935]
Statute Law Revision Act, 1936, No. 2293 of 1936 [Assented to 8 October 1936]
Local Courts Act Amendment Act, 1947, No. 45 of 1947 [Assented to 11 December 1947]
Local Courts Act Amendment Act, 1956, No. 50 of 1956 [Assented to 29 November 1956]2
Local Courts Act Amendment Act, 1959, No. 36 of 1959 [Assented to 10 December 1959]

Local Courts Act Amendment Act, 1962, No. 15 of 1962 [Assented to 25 October 1962]3

Statutes Amendment (Local Courts and Workmen’s Liens) Act, 1964, No. 59 of 1964 [Assented to 5 November 1964]4
Decimal Currency Act, 1965, No. 60 of 1965 [Royal Assent proclaimed 4 February 1966]5

Local Courts Act Amendment Act, 1969, No. 102 of 1969 [Assented to 18 December 1969]6 (as amended by Statutes Courts Act Amendment Act, 1971, No. 6 of 1971) Amendment (Public Salaries) Act, 1970, No. 8 of 1970 [Assented to 27 August 1970]7 and Local and District Criminal

Local and District Criminal Courts Act Amendment Act, 1971, No. 6 of 1971 [Assented to 25 March 1971]
Judges’ Pensions Act, 1971, No. 30 of 1971 [Assented to 22 April 1971]8
Local and District Criminal Courts Act Amendment Act (No. 2), 1971, No. 47 of 1971 [Assented to 26 August 1971]

Statutes Amendment (Judges’ Salaries) Act, 1972, No. 39 of 1972 [Assented to 13 April 1972]

Local and District Criminal Courts Act Amendment Act, 1972, No. 54 of 1972 [Assented to 27 April 1972]9 (as amended by Legal Services Commission Act, 1977, No. 25 of 1977 [Assented to 12 May 1977]10)

Statutes Amendment (Judges’ Salaries) Act, 1974, No. 8 of 1974 [Assented to 21 March 1974]
Local and District Criminal Courts Act Amendment Act, 1974, No. 36 of 1974 [Assented to 11 April 1974]11
Local and District Criminal Courts Act Amendment Act (No. 2), 1974, No. 82 of 1974 [Assented to 14 November 1974]12
Statutes Amendment (Judges’ Salaries) Act, 1975, No. 18 of 1975 [Assented to 27 March 1975]
Statutes Amendment (Capital Punishment Abolition) Act, 1976, No. 115 of 1976 [Assented to 23 December 1976]
Local and District Criminal Courts Act Amendment Act, 1980, No. 54 of 1980 [Assented to 3 July 1980]

Statutes Amendment (Administration of Courts and Tribunals) Act, 1981, No. 34 of 1981 [Assented to 19 March 1981]13

Statutes Amendment (Jurisdiction of Courts) Act, 1981, No. 109 of 1981 [Assented to 23 December 1981]14

Judicial Remuneration Act, 1982, No. 92 of 1982 [Assented to 14 October 1982]15

Statutes Amendment (Magistrates) Act, 1983, No. 108 of 1983 [Assented to 22 December 1983]16
Statutes Amendment (Oaths and Affirmations) Act, 1984, No. 56 of 1984 [Assented to 24 May 1984]17

Juries Act Amendment Act, 1984, No. 81 of 1984 [Assented to 15 November 1984]18

Statutes Amendment (Bail) Act, 1985, No. 6 of 1985 [Assented to 7 March 1985]19
Local and District Criminal Courts Act Amendment Act, 1985, No. 7 of 1985 [Assented to 7 March 1985]20
Statutes Amendment (Remuneration) Act, 1985, No. 59 of 1985 [Assented to 30 May 1985]21
Statutes Amendment (Courts) Act, 1985, No. 70 of 1985 [Assented to 6 June 1985]22
Statutes Amendment (Victims of Crime) Act, 1986, No. 16 of 1986 [Assented to 20 March 1986]23

Commercial Arbitration Act, 1986, No. 102 of 1986 [Assented to 18 December 1986]24

Local and District Criminal Courts Act Amendment Act, 1987, No. 33 of 1987 [Assented to 23 April 1987]25
Local and District Criminal Courts Act Amendment Act (No. 2), 1987, No. 78 of 1987 [Assented to 19 November 1987]26
Statutes Amendment and Repeal (Sentencing) Act, 1988, No. 51 of 1988 [Assented to 5 May 1988]27
Judicial Administration (Auxiliary Appointments and Powers) Act, 1988, No. 95 of 1988 [Assented to 15 December 1988]

Statutes Amendment (Criminal Sittings) Act, 1989, No. 33 of 1989 [Assented to 4 May 1989]28

Note: Asterisks indicate repeal or deletion of text. For further explanation see Appendix.

1. Came into operation 7 March 1927: Gaz. 10 February 1927, p. 297.

2. Came into operation 18 March 1957: Gaz. 14 March 1957, p. 519.

3. Came into operation 1 March 1963: Gaz. 14 February 1963, p. 277.

4. Came into operation 3 December 1964: Gaz. 3 December 1964, p. 1715.

5. Came into operation 14 February 1966: s. 2(2).

6. Came into operation 31 August 1970: Gaz. 20 August 1970, p. 699.

7. Came into operation 31 August 1970: s. 2(2).

8. Came into operation 1 May 1971: Gaz. 22 April 1971, p. 2186.

9. Came into operation 9 November 1972: Gaz. 9 November 1972, p. 2252.

10 Came into operation (except ss. 4, 10-13, 15-23, 26, 28-31 and Sched.) 4 May 1978: Gaz. 4 May 1978, p. 1541;

ss. 10(1)(a), (c)-(k), 11-13, 15-23, 26, 28-31 came into operation 21 December 1978; ss. 4, 10(1)(b) and Sched. came
into operation 30 January 1979: Gaz. 21 December 1978, p. 2305.

1. Came into operation 30 May 1974: Gaz. 30 May 1974, p. 2095.

2. Came into operation 1 January 1975: Gaz. 12 December 1974, p. 3649.

3. Came into operation 1 July 1981: Gaz. 25 June 1981, p. 1896.

4. Came into operation 1 February 1982: Gaz. 28 January 1982, p. 209.

5. Came into operation 28 October 1982: Gaz. 28 October 1982, p. 1214.

6. Came into operation 2 April 1984: Gaz. 22 March 1984, p. 725.

7. Came into operation 1 July 1984: Gaz. 28 June 1984, p. 1897.

8. Came into operation 2 January 1985: Gaz. 13 December 1984, p. 1811.

9. Came into operation 7 July 1985: Gaz. 9 May 1985, p. 1398.

10. Came into operation 3 March 1986: Gaz. 7 November 1985, p. 1360.

11. Came into operation 13 June 1985: Gaz. 13 June 1985, p. 2132.

12. Came into operation 1 August 1985: Gaz. 11 July 1985, p. 92.

13. Came into operation (except s. 26) 1 October 1986: Gaz. 4 September 1986, p. 696.

14. Came into operation 9 July 1987: Gaz. 9 July 1987, p. 57.

15. Came into operation 1 July 1987: Gaz. 28 May 1987, p. 1384.

16. Came into operation 2 May 1988: Gaz. 28 April 1988, p. 1066.

17. Came into operation (except ss. 3-6, 12, 15-20, 22-27, 30-39, 41-68, 70-78) 12 May 1988: Gaz. 12 May 1988, p. 1181; ss. 3 and 4 came into operation 8 September 1988: Gaz. 8 September 1988, p. 994; remainder of Act came into operation 1 January 1989: Gaz. 15 December 1988, p. 2009.

18. Came into operation 1 January 1990: Gaz. 16 November 1989, p. 1501.

N.B. The amendments effected to this Act by the Local and District Criminal Courts Act Amendment Act, 1978, and the Director of Public Prosecutions Act 1991 had not been brought into operation at the date of, and have not been included in, this reprint.

An Act to consolidate and amend the law relating to local courts and officers thereof, to make provision for the establishment of District Criminal Courts and matters connected therewith.

BE IT ENACTED by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:

PART AI

PRELIMINARY

Short title

1. This Act may be cited as the Local and District Criminal Courts Act, 1926.

Commencement of Act

2. This Act shall come into operation on a day to be fixed by proclamation.

Repeal 3. The Acts mentioned in the First Schedule are hereby repealed.

Interpretation

4. (1) In this Act, unless the contrary intention appears—

"Acting Judge" means a person appointed to and holding acting judicial office under this Act:
"Full Court" means Full Court as defined in section 5 of the Supreme Court Act, 1935-1969, as

amended:

"Judge" means a person appointed to and holding judicial office under this Act; and, unless the

contrary intention appears, includes an Acting Judge:

"Master" means the District Court Master and includes a Deputy District Court Master:

"Registrar" means, according to context—

(a)	the District Court Registrar or a Deputy District Court Registrar;
or
(b)	the Registrar of Magistrates’ Courts or a Deputy Registrar of Magistrates’ Courts:

"rules of court" means, as the case might require, rules of court made under the local court
provisions or rules of court made under the district criminal court provisions:

"Senior Judge" means the person for the time being holding the rank and style of Senior Judge under subsection (4) of section 5b of this Act and includes the person for the time being holding the rank and style of Acting Senior Judge under subsection (1) of section 5d of this Act:

"the district criminal court provisions" means Parts XVIII to XX, inclusive, of this Act:
"the local court provisions" means Parts I to XVII, inclusive, of this Act.
(2) In this section and in the local court provisions, unless the contrary intention appears—
"bailiff" includes assistant bailiff:
"clerk" includes assistant clerk:
"court" means local court:
"formerly" means before the passing of the Supreme Court Act, 1878:
"law" includes equity:

"local court" means—

(a)	a court constituted of a Judge of the Supreme Court when sitting in exercise of the jurisdiction conferred upon such court by the local court provisions;
(b)	a court constituted under this Act of a Local Court Judge as such;
(c)	a court constituted of a special magistrate when sitting in exercise of the jurisdiction conferred on such court by the local court provisions;
(d)	a court constituted of two justices or a special justice when sitting as a local court of special jurisdiction in exercise of the jurisdiction conferred on such court by the local court provisions;
or
(e)	the tribunal, however constituted, that has, under the local court provisions, jurisdiction by consent to hear and determine any action,

according as those definitions are respectively applicable to the particular case being heard and

determined and the jurisdiction of the court or the tribunal sitting at the relevant time:

"Local Court Judge" means a Judge when sitting as such in exercise of the jurisdiction
conferred on him by the local court provisions:

"local court of special jurisdiction" means a court constituted as such of a Judge, a special magistrate, or of two justices or a special justice sitting to hear and determine unsatisfied judgment summonses in pursuance of the local court provisions:

"small claim" means a claim for a pecuniary sum not exceeding $2 000—

(a)	upon a contract or by way of damages for breach of contract;
(b)	in respect of a quasi-contractual obligation;
(c)	by way of damages for tort;
or
(d)	upon a cause of action of a kind declared by the Attorney-General, by notice published in the Gazette, to be a cause of action upon which a small claim may be founded:

"the jurisdictional limit of local courts of limited jurisdiction" means $20 000:

"the local court jurisdictional limit" means—

(a)	in relation to a cause of action in tort relating to injury, damage or loss caused by, or arising out of, the use of a motor vehicle—one hundred and fifty thousand dollars;
and
(b)	in any other case—one hundred thousand dollars:

"warrant" includes writ: "writ" includes warrant. (3) In this section and in the district criminal court provisions, unless the contrary intention

appears—

"clerk of arraigns" means the chief clerk of arraigns or any other clerk or arraigns:
"district" means district established under section 319 of this Act:
"District Criminal Court" means a court constituted of a District Criminal Court Judge:
"District Criminal Court Judge" means a Judge acting in the exercise of the jurisdiction
conferred on him by the district criminal court provisions:

"group I offence" means an indictable offence that is a felony or misdemeanour, the maximum punishment by way of imprisonment for which is imprisonment for a term exceeding fifteen years, whether or not a fine or any other penalty or order can be imposed or made in addition to or in substitution for imprisonment:

"group II offence" means an indictable offence that is a felony or misdemeanour, the maximum punishment by way of imprisonment for which is imprisonment for a term exceeding five years but not exceeding fifteen years, whether or not a fine or any other penalty or order can be imposed or made in addition to or in substitution for imprisonment:
"group III offence" means an indictable offence that is a felony or misdemeanour, the maximum punishment by way of imprisonment for which is imprisonment for a term not exceeding five years, whether or not a fine or any other penalty or order can be imposed or made in addition to or in substitution for imprisonment:
"officer" means any officer appointed by the Governor under section 324 of this Act:

* * * * * * * * * *

* * * * * * * * * *

"to sentence", in relation to a person convicted of any offence, means to make and to give all such orders and directions (whether imposing a term of imprisonment or not) consequent upon or in connection with the person’s conviction and for finally disposing of the case in due course of law as may be made and given; and the noun "sentence" and its other derivatives shall be construed accordingly.

(4) In determining what is a "group II offence" or "group III offence" no regard shall be had to any increase in the punishment or maximum punishment for the offence authorized by law by reason of a previous conviction for any particular offence or offences or for any class or classes of offences.

Arrangement of Act

5. This Act is divided into parts, as follows:—

PART AI—Preliminary.
PART BI—Appointment to judicial office.
PART C1—The Registrar.

PART I—The establishment and constitution of local

courts, the appointment of officers, their functions and duties.

PART II—The ordinary jurisdiction of local courts and the

concurrent jurisdiction of the Supreme Court.

PART III—Replevin.
PART IV—Certiorari, prohibition, and mandamus.
PART V—Appeals from local courts to the Supreme Court.
PART VI—The joinder of parties and of causes of action.
PART VII—The commencement of actions and proceedings to

judgment. PART VIIA—Small claims. PART VIII—The enforcement of judgments and orders.

PART IX—Interpleader summonses. PART X—The recovery of premises. PART XI—The action of ejectment. PART XII—Special equitable jurisdiction of local courts.
PART XIII—Remedies against debtors about to abscond.

PART XIV—Commissions and orders for the examination of

witnesses.

PART XV—Court fees and costs.
PART XVI—Penalties.

PART XVII—Protection of officers of local courts, and

general matters.

PART XVIII—District criminal courts: Establishment and

Administration.

PART XIX—Jurisdiction, powers, practice and procedure of

district criminal courts.

PART XX—Presentation for trial.

Transitional provisions

5a. (1) Any reference in any Act, regulation, rule, by-law or other instrument or in any document to the Local Courts Act, 1926, as amended, shall, after the commencement of the Local Courts Act Amendment Act, 1969, and unless the context otherwise requires, be read and construed as a reference to the local court provisions.

(2) Where proceedings in respect of a claim for a pecuniary sum exceeding five hundred dollars but not exceeding one thousand dollars had been instituted in a local court before the commencement of the Statutes Amendment (Jurisdiction of Courts) Act, 1981, that claim does not become a small claim by virtue of the provisions of that amending Act.

(3) Subject to subsection (4), the provisions of this Act as in force immediately before the commencement of the Local and District Criminal Courts Act Amendment Act, 1985, shall continue to apply in respect of a summons (whether ordinary or special) issued before the commencement of that amending Act.

(4) Where an ordinary summons issued before the commencement of the Local and District Criminal Courts Act Amendment Act, 1985, had not been served as at the commencement of that amending Act, the plaintiff may apply to the clerk of the court out of which the summons was issued to have it served by post, and, in that event, the provisions of this Act, as in force after the commencement of the amending Act, shall apply in relation to service of, and appearance to, the summons.

Local courts of full jurisdiction, and district criminal courts to be known in future as
"district courts"

5ab. (1) After the commencement of the Statutes Amendment (Administration of Courts and Tribunals) Act, 1981—

(a)	each local court to which full jurisdiction has been assigned shall, insofar as it is a local court of full jurisdiction, be known as a "District Court";
and
(b)	each District Criminal Court shall be known as a "District Court".

(2) Instruments shall be read and construed subject to such modifications as are necessary to accommodate the change in nomenclature effected by this section.

(3) This section applies only to nomenclature and does not affect—

(a)	the constitution, jurisdiction or powers of any court;
(b)	any proceedings before a court;
or
(c)	(except as provided in subsection (2)) the operation of any instrument.

(4) In this section—

"instrument" means this or any other Act, any proclamation, regulation, rule, by-law, judgment,

order, writ, summons, warrant, or other instrument.

Criminal Injuries Compensation Division

5ac. (1) There shall be a division of each District Criminal Court entitled the "Criminal Injuries Compensation Division".

(2) The jurisdiction of a District Criminal Court to hear and determine proceedings under the Criminal Injuries Compensation Act, 1978, is vested in the Criminal Injuries Compensation Division of that court.

PART BI

APPOINTMENT TO JUDICIAL OFFICE

Appointment to judicial office

5b. (1) The Governor may, as he thinks necessary, appoint to judicial office under this Act, during Her Majesty’s pleasure, any fit and proper person qualified for appointment to such office.

(2) A person appointed to judicial office under this section shall, so long as he holds such office, have the rank and style of "Judge" or "District Court Judge".

(3) Subject to this Act, a person shall be qualified for appointment to judicial office under this

Act if—

(a)	immediately before the commencement of the Local Courts Act Amendment Act, 1969, he was the Local Court Judge or a Temporary Local Court Judge under this Act as in force before such commencement;
(b)	he is an Acting Judge;
or
(c)	he is a legal practitioner as defined in the Legal Practitioners Act, 1936, as amended, of not less than seven years standing.

(3a) For the purpose of determining whether a legal practitioner has the standing necessary for appointment as a Judge or Master, periods of legal practice and (where relevant) judicial service within and outside the State will be taken into account.

(4) The Governor shall, as occasion requires, appoint a person appointed to and holding judicial office under this Act to be Senior Judge for the purposes of this Act.

(5) The appointment of a person as Senior Judge may be made at the time of his appointment to judicial office under this Act or at any time after his appointment to such office.

(6) Unless otherwise expressly provided in this Act or any other Act, the Senior Judge and all other persons appointed to and holding judicial office under this Act have, in all respects, equal power, authority and jurisdiction.

(7) Subject to the provisions of this or any other Act, the Senior Judge may make such administrative or other arrangements as are necessary or expedient for the hearing and determination of proceedings—

(a)	in local courts and district criminal courts;
and
(b)	before courts (not being courts of summary jurisdiction), boards or tribunals—
(i) that are to be constituted of a Judge or of either a Judge or a special magistrate;

or

(ii) the presiding officer of which is to be a Judge, or either a Judge or a special magistrate.

Acting Judge

5c. (1) Subject to subsection (6), where the Governor is of the opinion that it is in the interests of justice to do so, the Governor may—

(a)	appoint a fit and proper person who is qualified under section 5b(3);
or
(b)	appoint a former Judge who has retired from office,

to acting judicial office.

(2) A person so appointed to acting judicial office shall, so long as he holds such office, have the rank and style of "Acting Judge" or "Acting District Court Judge".

(3) Unless otherwise expressly provided in this Act or any other Act, a person appointed to and holding acting judicial office under this Act has the same power, authority and jurisdiction as a person appointed to and holding judicial office under this Act.

(4) An appointment under subsection (1) will be for a term not exceeding 12 months.

* * * * * * * * * *

(6) A Deputy President of the Industrial Court shall not be appointed as an Acting Judge under subsection (1) except on the recommendation of the Chief Justice of the Supreme Court made with the concurrence of the President of the Industrial Court.

Acting Senior Judge

5d. (1) If the Senior Judge is absent on leave or for any reason is unable to perform the duties of his office, the Governor may appoint a person appointed to and holding judicial office under this Act to be Acting Senior Judge.

(2) The appointment of a person as Acting Senior Judge shall, unless sooner terminated by the Governor, terminate when the Senior Judge returns to the execution of the duties of his office.

(3) Upon the appointment of a person as Acting Senior Judge, all the powers, authorities and duties that appertain under this Act or any other Act to the office of Senior Judge shall appertain to the Acting Senior Judge and, in the event of the omission to make an appointment under subsection (1) of this section, all such powers, authorities and duties shall devolve upon the Judge next in order of seniority.

(4) The order of seniority of Judges, except the Senior Judge, shall be determined by reference to the Commissions by which they were appointed to judicial office under this Act.

Remuneration of Judges

5e. (1) Subject to this section, the remuneration of—

(a)	the Senior Judge;
or
(b)	a Judge,

shall be at rates determined from time to time by the Remuneration Tribunal in relation to the
respective offices.

(2) The remuneration of an Acting Senior Judge shall be at the same rate as for the Senior Judge and the remuneration of an Acting Judge shall be at the same rate as for a Judge.

(3) A rate of salary determined under this section shall not be reduced by subsequent determination.

(4) The remuneration payable under this section shall be paid out of the General Revenue of the State which is appropriated to the necessary extent.

(5) In this section—

"remuneration" means salary and allowances.

Retirement from judicial office

5f. (1) A person appointed to judicial office or acting judicial office under this Act shall, except as provided in this Act, retire from such office on attaining the age of seventy years.

(2) A Judge or Acting Judge may continue in office as such after retiring or resigning in order to continue and complete the hearing and determination of any proceedings or matter partly heard by him before his retirement or resignation, and while so continuing such hearing, shall be deemed to continue to hold judicial office or acting judicial office, as the case may be.

(3) It shall not be lawful for the Governor to remove from office any person under the age of seventy years who is holding judicial office under this Act except upon the address of both Houses of the Parliament of South Australia.

* * * * * * * * * *

Leave of absence

5k. A person appointed to and holding judicial office under this Act shall be entitled to be granted, and the Governor may grant him, leave of absence as if he were a Judge of the Supreme Court.

Local Court Judges and District Criminal Court Judges

5l. A Judge or an Acting Judge shall, when exercising jurisdiction or performing any duty or function under the local court provisions, exercise such jurisdiction or perform that duty or function as a Local Court Judge and shall, when exercising jurisdiction or performing any duty or function under the district criminal court provisions, exercise such jurisdiction or perform that duty or function as a District Criminal Court Judge.

Judges of the Supreme Court may exercise jurisdiction, etc., conferred on Judges by this Act

5la. A Judge of the Supreme Court may exercise the jurisdiction and powers of a District Court

Judge.

CI

THE MASTERS AND REGISTRARS

DIVISION I—THE MASTERS

The Masters

5m. (1) There will be—

(a)	a District Court Master;
and
(b)	such Deputy District Court Masters as are necessary for the proper administration of Justice.

(2) Subject to this section, a person is not eligible for appointment as a Master unless that person is a magistrate or is eligible for appointment as a magistrate.

(3) A Master will be appointed by the Governor.

(4) The salary and conditions of service of a Master will be the same as for a Senior Magistrate.

(5) A Master will not be dismissed or reduced in status except on the recommendation, or with the concurrence, of the Senior Judge.

Administration duties of the Masters

5n. (1) A Master will have such administrative functions as are assigned to the Master—

(a)	by rules of court;
or
(b)	by the Senior Judge.

(2) A Master is, in relation to the performance of administrative functions, subject to control and direction by the Senior Judge.

Judicial functions of Masters

5o. (1) A Master may exercise so much of the jurisdiction of a District Court as is conferred on the Masters by rules of court.

(2) The conferral of jurisdiction on a Master does not derogate from the jurisdiction exercisable by a Judge.

(3) Subject to the rules of court, an appeal will lie from a decision of a Master made in the exercise of a jurisdiction conferred by the rules to a District Court constituted of a Judge.

DIVISION II—THE DISTRICT COURT REGISTRARS

District Court Registrars

5p. (1) There will be—

(a)	a District Court Registrar;
and
(b)	such Deputy District Court Registrars as are necessary for the proper administration of District Courts.

(2) A Registrar will be a Public Service employee, but no Registrar will be appointed, dismissed or reduced in status except on the recommendation, or with the concurrence, of the Senior Judge.

(3) A Registrar may exercise—

(a)	any powers or functions vested by or under this Act in a clerk (including a clerk of arraigns) or bailiff insofar as those powers or functions relate to District Courts;
(b)	any administrative functions assigned to a Registrar by the rules of court or by the Senior Judge.

(4) A Registrar is, in relation to the exercise of his or her powers and functions (insofar as those powers and functions arise pursuant to subsection (3)), subject to control and direction by the Senior Judge.

DIVISION III—THE REGISTRARS OF MAGISTRATES COURTS

Magistrates Court Registrar

5q. (1) There will be—

(a)	a Registrar of Magistrates’ Courts;
and
(b)	such Deputy Registrars of Magistrates Courts as are necessary for the proper administration of justice.

(2) A Registrar will be a Public Service employee, but no Registrar will be appointed, dismissed or reduced in status except on the recommendation, or with the concurrence, of the Chief Magistrate.

(3) A Registrar may exercise—

(a)	any powers or functions vested by or under this Act in a clerk or bailiff insofar as those powers or functions are referable to local courts of limited or special jurisdiction;
(b)	any powers or functions of a clerk of a court of summary jurisdiction;
(c)	any administrative functions assigned by the Chief Magistrate.

(4) A Registrar is, in relation to the exercise of his or her powers and functions (insofar as those powers and functions arise pursuant to subsection (3)), subject to control and direction by the Chief Magistrate.

PART I

THE ESTABLISHMENT AND CONSTITUTION OF LOCAL COURTS,

THE APPOINTMENT OF OFFICERS, THEIR FUNCTIONS AND DUTIES

Continuance of local courts already established

6. (1) The several local courts which were in existence immediately prior to the commencement of this Act shall continue as if established under this Act, with the corresponding jurisdiction, whether full, limited, or both, and all proceedings already commenced therein shall be continued, heard, and determined under the provisions hereof; and every local court in existence at the commencement of the Local Courts Act Amendment Act, 1969, whether it is a local court of full jurisdiction or limited jurisdiction, or both, shall also be a local court of special jurisdiction.

(2) All judgments and records of such courts shall continue to be judgments and records of the respective courts.

(3) Such courts shall be held at such respective places, and the sittings thereof shall take place on such days and at such periods as have been fixed by or under any of the Acts hereby repealed, or as may hereafter be fixed by proclamation made under this Act.

Establishment of additional courts

7. (1) The Governor may from time to time, by proclamation, constitute and establish additional local courts, and shall assign to each court so to be established full, limited and special jurisdiction, or limited and special jurisdiction, or special jurisdiction only, and shall appoint, and by any proclamation may alter, a place or places, day or days, and period for the sittings thereof, and the place at which the office thereof shall be situated.

(2) The Governor may, by proclamation, abolish any local court, or may alter the name of any local court.

Abolition of local court districts

8. All local court districts in existence at the commencement of the Local Courts Act Amendment Act, 1969, are abolished.

Powers of Governor with respect to local courts

8a. The Governor may—

(a)	by notice in writing published in the Gazette, appoint offices for local courts and the places at which such offices shall be situated;
and
(b)	by proclamation extend or limit, subject to the provisions of sections 31 and 32 of this Act, the jurisdiction of, any local court or alter the place, day, or period of holding the same, or the place at which any local court or the office of any local court shall be situated.

Transfer of records and business of abolished court

9. (1) In case of the abolition of any local court, the Governor may, by the proclamation abolishing it, or by any subsequent proclamation, or where, before the passing of this Act, any local court has been abolished, the Governor may, by proclamation, transfer the records and pending proceedings of the court so abolished to the nearest local court, and such records shall be kept, and such pending proceedings may be continued, by the local court to which they are transferred, in the name of the local court so abolished.

(2) In the event of the defendant, or defendants if more than one, in any action having appeared before such transfer, notice of trial shall be given by the clerk of the court to which such proceedings have been transferred as if the appearance had been entered in a like action in such local court on the day of such transfer, and in the event of any defendant not having appeared and judgment not having been signed, the defendant shall be allowed the same time for appearance as if the summons had been issued out of the local court to which such transfer has been made and had been served personally on the day of such transfer.

Limitation of local courts not to affect right of suitors prior to such limitation

10. (1) In the case of the limitation of the jurisdiction of any local court, the Governor may, by the proclamation limiting it, or by any subsequent proclamation, direct that such limitation shall not affect the right of parties to proceed in any actions commenced, or to enforce any judgments recovered, when such local court exercised the powers of full and limited jurisdiction respectively.

(2) For the purpose only of proceeding in such actions, or enforcing such judgments, the said local court shall continue to exercise the powers of a court of full jurisdiction in the same manner as it did before the issue of the proclamation limiting its jurisdiction.

Local courts to be courts of record

11. Local courts shall be courts of record, and each court shall be styled by the name which it bears at the commencement of this Act or by the name by which it is styled in the proclamation establishing it, and shall have a seal wherewith are to be sealed or stamped all summonses and other process issued out of such court.

Present special magistrates, clerks, and bailiffs continued in office

12. The clerks of local courts, and bailiffs of local courts, now acting by virtue of an appointment under any law heretofore in force, shall continue to occupy their respective offices during His Majesty’s pleasure, but subject to the provisions of the local court provisions and the Public Service Act, 1967, as amended, or any corresponding previous enactment.

* * * * * * * * * *

* * * * * * * * * *

Governor may appoint gaols for imprisonment under warrant of local court; existing appointments to continue

15. (1) The Governor may, from time to time, by proclamation, appoint what gaols shall be places of imprisonment for persons arrested under warrants issued out of local courts or committed to gaol under the authority of the local court provisions, and from time to time in like manner cancel such appointments, and, in default of such appointment, such persons shall, except in cases for which provision is made by or under the Prisons Act, 1936, as amended, be imprisoned in the Adelaide Gaol: Provided that all gaols heretofore so appointed shall, until their appointment is cancelled, or some other appointment in lieu of them is made hereunder, continue to be places of imprisonment in accordance with such appointment for persons so arrested or committed to gaol.

(2) In this section—"gaol" includes prison.

Appointment of officers

16. (1) Local courts shall have such and so many clerks, bailiffs, and other officers and servants as are necessary for the due administration of justice.

(2) All such bailiffs except the bailiff of the Local Court of Adelaide shall be appointed and may be removed from time to time by the Attorney-General.

(3) All such clerks who are members of the police force shall be appointed and may be removed from time to time by the Attorney-General.

(4) All clerks other than those referred to in subsection (3) of this section, all other officers and servants and the bailiff of the Local Court of Adelaide shall be appointed and may be suspended or removed under and in accordance with the Public Service Act, 1967, as amended.

Clerks and bailiffs to give security

17. The clerk and the bailiff of every local court shall give security for such sum, and in such manner and form, as the Governor from time to time orders, for the due performance of their several offices, and for the due accounting for and payment of all moneys received by them under this Act, or which they may become liable to pay for any misbehaviour in their office.

Remuneration of officers

18. Such clerks shall be remunerated by a fixed salary, and such bailiffs by fixed salary, or by the fees, or partly by fixed salary and partly by the fees, specified in the fourth schedule, as the Attorney-General may from time to time direct.

Offices of the courts, when to be open and sittings of courts

19. (1) The offices of each court shall, save so far as otherwise prescribed, be open for the dispatch of business daily throughout the year, except on Sundays, days between Christmas Day and New Year’s Day inclusive and between Good Friday and Easter Monday inclusive, and public holidays.

(2) Each court shall sit for the dispatch of business at such places and on such days, and at such periods, as have been appointed for that purpose.

Postponement of court by Attorney-General

20. Where the day appointed for holding any local court falls upon a public holiday or any day on which, under the last preceding section, the offices of a court will not be open, or between the twentieth day of December in any year, and the eighteenth day of the following year, both days inclusive, it shall be lawful for the Attorney-General, by notice in the Government Gazette, to alter the day for holding such court to a day to be named in such notice.

Constitution of court

21. (1) All actions and matters cognizable under the local court provisions by a local court of full jurisdiction shall be heard and determined in open court in a summary way by and before a Judge.

(2) All actions and matters cognizable under the local court provisions by a local court of limited jurisdiction shall be heard and determined in open court in a summary way by and before a Judge or a special magistrate.

(3) All matters cognizable under the local court provisions by a local court of special jurisdiction shall be heard and determined in open court in a summary way by and before a Judge, a special magistrate, two justices, or a special justice.

(4) Several Judges, special magistrates and justices or any number of them may sit contemporaneously in different places as the same local court for the hearing and determination of actions, matters and proceedings pending in that court.

* * * * * * * * * *

Special provisions for constitution of local court of special jurisdiction

23. Notwithstanding the provisions of section 21 of this Act, if at any place where it is desired to hold a local court of special jurisdiction there is a special magistrate or a special justice who is competent and willing to act, that local court of special jurisdiction shall be constituted of the special magistrate or the special justice and not of two justices.

Jurisdiction of special magistrate by consent of parties

24. (1) Any special magistrate shall have power to hear and determine any action or claim that a Judge has power to hear and determine if the parties to the action or claim in person or by solicitor consent thereto in writing.

(2) A consent referred to in subsection (1) of this section shall become effective upon its being filed in court and, upon being so filed, shall not be revocable.

(3) If such consent is not obtained, or if there is no Judge or Acting Judge available to hear and determine the action or claim, the clerk of the court shall adjourn the case to a convenient day and enter in the minute book a memorandum of the adjournment and the cause of it.

Powers and duties of Judge and special magistrate

25. (1) A Judge or special magistrate, in addition to his other duties under the local court provisions, shall have the following powers and duties:—

* * * * * * * * * *

To order discovery or inspection

II.           On the application of any party to an action or matter, he may—

(a)	make an order for the inspection of such documents as it then appears to him the party applying is legally or equitably entitled to inspect;
(aa)	order, subject to any conditions which he thinks fit to impose, that any documents which a party is entitled to inspect shall be forwarded for inspection to the clerk of the court nearest to the place where that party resides or carries on business or to the clerk of some other convenient court;
(b)	order that any other party, or if such other party is a body corporate, that some specified officer of such body corporate, do make discovery on oath or otherwise of the documents which are, or have been, in the possession or power of such other party relating to any question in the action or matter. Such order may be either general or limited to such classes of documents or such particular documents as he may think fit, but in no case shall he make any such order unless the same is in his opinion necessary for disposing fairly of the action or matter or for saving costs: The party making discovery shall produce to the other party for inspection all such documents as aforesaid; and
(c)	order that any other party, or if such other party is a body corporate, that some specified officer, of such body corporate, do answer by affidavit such interrogatories in writing relating to any question in the cause or matter as he thinks proper to administer. In no case shall he make any such order unless the order is in his opinion necessary for disposing fairly of the action or matter or for saving costs:

To fix day of hearing

IIa. On the application of any party to an action or matter he may order that the action or matter be heard on a specified day (either before or after the day proclaimed for the sitting of the court) and shall order that such notice as he deems adequate of the day fixed for such hearing be given to the other party:

On application, to deal summarily with the action or any question according to rules of court

IIb. On the application of any party to an action, made at any time after the issue of the summons, he may dispose summarily of the action or of any issue or question therein and make such other order on the application (being an order authorized by rules of court) as he deems just; and for the purpose of dealing with such applications he shall have all such powers and jurisdiction as are conferred by rules of court:

To adjourn hearing

III.         He may, before or at the hearing of any action or matter, order the adjournment of the hearing upon any terms he may think fit:

To order re-service of summons

IV.         He may order the re-service of a summons where he is satisfied that the summons has not come to the knowledge of the defendant, and that the defendant has not absented himself to avoid service:

To extend time, set aside judgment by default and suspend execution

V.           He may—

(a)	extend the time for taking any step in any action, on such terms as he may think fit;
(b)	set aside any judgment by default of entering an appearance or attending at the hearing;

and

(c)  suspend any execution:

To permit pleadings to be amended and order better particulars of pleadings

VI.         He shall, at any stage of the proceedings, upon such terms as he may think fit, permit the amendment and may order better particulars of the claim, defence, counterclaim, or reply in any action:

To reinstate action struck out

VII.        He may, on such terms as he may think fit, reinstate any action that has been struck out:

To order interlocutory summons to be heard at another court

VIII.       He may, in the case of an interlocutory summons issued out of a local court, make the summons returnable to be heard by him or any Judge or special magistrate at such place and at such time, and upon such terms as to costs or otherwise, as he thinks proper:

To review decision of clerk

IX.         He may review any act or decision of the clerk of his court:

To authorize bailiff to sell by auction

X.           He may authorize a bailiff of the court to act as appraiser or auctioneer for the purpose of valuing or selling any goods, chattels, or effects taken in execution under process of a local court, and the person so authorized may, without other licence in that behalf, do and perform all the duties of appraiser or auctioneer, as the case may be:

To appoint special bailiff

XI.         He may in any case, on the application of the party interested, appoint a special bailiff for the purpose of serving any process of the court, or for the purpose of executing any warrant against the goods or lands, or for the apprehension or committal, of the person named in any warrant:

To appoint a temporary clerk or bailiff

XII.        He may temporarily appoint any fit person to act as clerk or bailiff of the court in case of the death, suspension, removal, illness, or absence of any clerk or bailiff:

To amend defects, etc. in proceedings

XIII.       He shall, on such terms as he may think fit, amend all defects and errors in any proceeding: and

Other powers

XIV.      He may do all other matters necessary to carry out the local court provisions.

(2) A judgment given in default of the defendant entering an appearance or attending at a hearing shall not be set aside—

(a)	unless the defendant satisfies the Judge or a special magistrate that the summons in the action did not come to his attention;
or
(b)	unless the defendant or some person with knowledge of the facts of the case has made and filed an affidavit stating that the defendant has a good defence to the action on the merits and setting out a ground of that defence.

(2a) Where a judgment given in default of an appearance is set aside under this section on the ground that the summons in the action did not come to the attention of the defendant, then, subject to any order of the Judge or special magistrate to the contrary—

(a)	where it appears—
(i) that the plaintiff in the claim stated an address for service of the summons that was incorrect in a material particular;

or

(ii) that for any other reason the plaintiff was responsible for the summons not coming to the attention of the defendant,

the costs to the defendant in making the application to set aside the judgment, as determined in accordance with the rules, shall be payable by the plaintiff to the defendant;

(b)	the summons shall be deemed to have been served on the defendant at the time that the judgment is set aside;
and
(c)	the defendant shall appear to that summons within a period of seven days from that time.

(3) Every local court hearing any action shall have such of the powers and duties specified in this section as may appropriately be exercised by a court.

Functions and duties of clerk

26. (1) The clerk of each local court, in addition to the other duties imposed by this Act, shall have the custody of all books, records, processes, and other proceedings of the court, and of the seal of the court, and shall have an office at which the business of the clerk of the court shall be transacted, and at which shall be kept the record book and minute book hereinafter mentioned, and where all proceedings shall be entered of record, and all summonses and other processes shall be issued, and all moneys shall be received into and paid out of court.

(2) The clerk of each local court shall also have such of the following specific duties as are applicable to him:—

To keep record book

I.            He shall cause a note of all claims and summonses, and of all orders, and of all judgments and executions, and returns thereto, and of all fines, and of all attachments of debts, with the names, dates, and statements of the amounts attached and also of the amount recovered, and otherwise, and of all other proceedings of the court, to be fairly entered from time to time in a book belonging to the court, to be called the "Record Book", which shall be kept at the office of the court, and such entries, or copies thereof, purporting to be stamped or sealed with the seal of the court, and purporting to be signed and certified as true copies by the clerk of the court, shall at all times be admitted in all courts and places whatsoever as evidence of such entries and of the proceedings referred to therein, and of the regularity of such proceedings, without further proof:

To keep Minute Book

II.           He shall keep a book to be called the "Minute Book", in which he shall cause to be entered the titles of the actions set down for trial, the amounts claimed, the sums (if any) paid into court, the judgment of the court, and the names of the solicitors and counsel (if any) who appear for the parties:

To deliver process to bailiff

III.         He shall, within twenty-four hours of the issuing of any summons or warrant, or receiving any summons or warrant from the clerk of any other court, deliver the same to the bailiff (if required to be served by him), or, in case the person against whom the process is issued resides nearer to some other court, shall, within the like period, forward by post the summons or warrant to the clerk of the court nearest to which the person against whom the process is issued resides:

To enter dates of service etc. in record book

IV.         He shall forthwith after receiving the duplicate of any summons issued by him from the bailiff or the clerk of any other court, enter in the record book the date of the service, or the report of non-service, and the cause thereof:

To return summons, etc., to court from which they were received

V.           He shall forthwith after receiving from the bailiff the duplicate of any summons or any warrant forwarded from any other court for service or execution, return the same to the clerk of the court from which it was received:

To give notice of trial

VI.         He shall, subject to rules of court, within twenty-four hours after receipt of any notice of appearance, reply, or new ground of defence, give notice thereof, and of the day of trial, to the opposite party:

To notify parties of day fixed for assessment of damages

VIa. He shall forthwith after setting a claim down for assessment of damages give notice of
the day and time fixed for such assessment to all parties concerned:

To post notices

VII.        Unless otherwise specially directed by the local court provisions, or by the rules of court, he shall forward all notices required by those provisions to be sent to any person by sending them to such person by post, to the address of such person as given to him, unless applied for earlier:

To forward warrant to clerk of nearest court for execution

VIII.       When a warrant of execution has been issued against the goods and chattels, or against the lands, of any person at a distance from the court, or a warrant for the commitment of any such person has been issued, the clerk shall send such warrant to the clerk of the local court nearest to the place where such person, or his lands, goods, and chattels shall then be, or be believed to be, requiring execution of the same:

To notify receipt of warrants

IX.         When a warrant of execution, or a warrant of commitment, is sent by the clerk of any other local court, the clerk receiving the same shall notify thereon the date of its receipt, and shall seal or stamp it with the seal of his court, and shall deliver it to the bailiff of his court:

To note time when warrants applied for

X.           He shall make a minute of the precise time when he was requested to issue any warrant against the goods and chattels, or against the lands of any person, and he shall notify the same on the warrant:

To deliver warrants in rotation

XI.         Where more than one warrant of execution against the goods and chattels, or against the lands, of any party is taken out, he shall deliver such warrants to the bailiff in the order in which they were taken out:

To affix seal to all documents

XII.        He shall cause all summonses, notices, warrants, and other documents proceeding from the court of which he is clerk, to be sealed or stamped with the seal of his court:

To deliver summonses, etc., to bailiff in order of issue

XIII.       He shall deliver all summonses, subpoenas, and notices proceeding from the court of which he is clerk, to the bailiff of such court (if required to be served by him), in the order in which they were issued:

To keep books of account, and make returns

XIV.      He shall keep such books of account, and make such returns of moneys received and paid, fees, and disbursements, in such form and at such periods, and shall make payment and deposit of money received by him in such manner, as is required by or under the Audit Act, 1921, as amended.

(3) The clerk of a local court may, by instrument in writing, delegate to any officer of the court any of his powers or functions under this Act.

(4) A delegation under subsection (3)—

(a)	may be absolute or conditional;
(b)	does not derogate from the powers exercisable personally by the clerk;
and
(c)	is revocable at will.

Duties of bailiff

27. (1) The bailiff of each court shall have the service of all summonses (except any summons which is to be served by post or which the plaintiff desires to be served by himself, or by some person appointed or employed by him for the purpose as hereinafter provided), and the execution of all warrants (unless otherwise ordered by a Judge or a special magistrate in any particular case).

(2) The bailiff of each court shall also have the following specific duties, namely:—

To examine and serve summonses, etc.

I.            He shall cause all summonses delivered to him for service to be examined, to enable the correctness thereof to be proved; and he shall cause all summonses to be served on the respective defendants as soon as practicable after their delivery to him by the clerk of the court and, in case of their non-service within a week, he shall as soon as possible thereafter report such non-service and the cause thereof to the clerk of the court:

To endorse service

II.           He shall, forthwith after service of any summons, endorse on the duplicate summons the day of the month and year of such service, and shall, as soon as practicable after service, swear an affidavit of such service:

To serve summonses, etc. in order in which he received them

III.         When more than one summons, subpoena, or notice directed to any person has been delivered to him to serve, he shall serve them in the order in which they were delivered to him:

To execute warrants, and make returns of same

IV.         Subject to this section, he shall cause to be executed every warrant of execution against goods and chattels, or against lands, within five days, or sooner if required by the clerk of the court, after receiving such warrant from him, and shall endorse on every warrant the time and mode of executing the same, and the several amounts received and disbursed or retained on account thereof; and in case of non-execution, he shall report to the clerk of the court such fact and the cause thereof:

(a)	a reference to a court, generally, or the Supreme Court, in particular, shall be read as including a District Criminal Court;
(b)	a reference to a Judge of the Supreme Court shall be read as including a District Criminal Court Judge;
(c)	a reference to Criminal Sessions or sittings of the Supreme Court shall be read as including sittings of a District Criminal Court;
and
(d)	a reference to a trial or other proceeding in the Supreme Court shall be read as including a trial or other proceeding in a District Criminal Court:

But any references in sections 300 to 300h, inclusive, of that Act to the Master or Deputy Master of the Supreme Court, the Sheriff or Deputy Sheriff or the Chief Clerk of the Supreme Court shall not be varied, by modification, adaptation or otherwise, in and for the purpose of so extending and applying those provisions pursuant to this section.

* * * * * * * * * *

Registrar of District Criminal Court to act as clerk of arraigns

1. * * * * * * * * * *

(2) A person who disobeys a subpoena issued by a District Criminal Court is liable to the same consequences as if he had disobeyed a subpoena issued out of the Supreme Court in its criminal jurisdiction and every Judge shall have the powers and authorities of a Judge of the Supreme Court with respect to subpoenas so issued, and to disobedience of those subpoenas.

Contempt of court

333. (1) A District Criminal Court shall have the power and authority of the Supreme Court, or a Judge of the Supreme Court, to take cognizance of and to try in a summary manner any offence of contempt committed in the face or hearing of that court against or in disrespect of its authority and may, on conviction, by oral order, commit the offender to prison until he shall have purged his contempt or for such period as the court thinks fit and, in addition to or substitution for committing the offender to prison, may order the offender to pay a fine not exceeding five hundred dollars.

(2) The Full Court shall have the same power and authority to hear and determine applications to punish, and to punish, contempt of a District Criminal Court or of a District Criminal Court Judge, committed otherwise than in its or his face or hearing, as it has to hear and determine an application to punish, and to punish, contempt of the Supreme Court or of a Judge thereof, and the practice and procedure applicable for the time being to and in relation to applications to punish contempt of the Supreme Court or of a Judge thereof shall, with such modifications and adaptations as may be necessary, apply to and in relation to applications to punish contempt of a District Criminal Court or of a District Criminal Court Judge, as the case may be.

(3) On an application to the Full Court pursuant to subsection (2) of this section, the Full Court shall have the same powers to punish contempt of a District Criminal Court or a District Criminal Court Judge as it has to punish a contempt of the Supreme Court or a Judge thereof.

(4) The provisions of the Law Courts (Maintenance of Order) Act, 1928, shall apply to and in relation to every District Criminal Court, and an order for the payment of a fine or costs made by a District Criminal Court Judge shall be enforced in the same way as that in which a fine for an indictable offence imposed by the District Criminal Court Judge may be enforced under the district criminal court provisions.

(5) Without affecting the generality of or derogating from any other provisions of this section, the provisions of subsection (6) of this section shall apply to and in relation to every District Criminal Court and the proceedings of and in every such court.

(6) If a person—

(a)	wilfully insults a District Criminal Court Judge, juror or an officer of a District Criminal Court who is in attendance at, or is going to or returning from, a District Criminal Court;
(b)	wilfully interrupts the proceedings of a District Criminal Court;
(c)	having been duly summoned on a subpoena ad testificandum or a subpoena duces tecum and having been paid or tendered a reasonable sum for travelling expenses and subsistence, refuses or neglects, without reasonable cause, to appear at a District Criminal Court or to produce any books, deeds, papers, writings or things required by the subpoena to be produced;
(d)	being summoned or examined as a witness at a hearing of a District Criminal Court, or being present in such court and required to give evidence, refuses to be sworn or to answer a lawful question;
(e)	in the opinion of the District Criminal Court Judge before whom the person is appearing as a witness, wilfully prevaricates;
or
(f)	misbehaves in a District Criminal Court,

the District Criminal Court Judge concerned may, by order cause the person to be apprehended and, if he thinks fit, may by oral order commit the person to the prison nearest to the place where the court is sitting for a term not exceeding three months or may impose on the person a fine not exceeding five hundred dollars and in default of immediate payment may commit the person to such prison for a term not exceeding three months unless the fine is sooner paid.

(7) The imposition or payment of a fine or a committal made under subsection (6) of this section does not exempt the person fined or committed from obeying any summons to appear at or to produce any thing to the court.

Powers and authorities of Supreme Court for compelling obedience to or punishing disobedience of orders extended to District Criminal Courts

334. Every District Criminal Court and every District Criminal Court Judge shall have and may exercise the same powers and authorities for compelling obedience to, and punishing disobedience of, any judgment, order, precept or process of the court or of the District Criminal Court Judge as the Supreme Court or a Judge thereof has and may exercise for compelling obedience to, and punishing disobedience of, any judgment, order, precept or process of the Supreme Court in its criminal jurisdiction, and all the rules of law in force, whether by statute or the common law, conferring and applicable to and in relation to such powers and authorities of the Supreme Court shall, subject to such modifications and adaptations as are necessary, extend and apply to and in relation to District Criminal Courts and District Criminal Court Judges so that the same powers and authorities are exercisable by them for the same purposes.

PART XX

PRESENTATION FOR TRIAL

* * * * * * * * * *

Change of venue of trial to different district

337. (1) A Judge may, upon application to him by summons returnable within two days after the issue thereof (a copy of which shall be served on the Attorney-General or, in his absence, on the Solicitor-General, where the application is made by or on behalf of the person against whom the charge in question is laid, and on such person where the application is made by or on behalf of the Attorney-General) in any case where he thinks it is in the interests of the administration of justice to do so, by order direct that the person shall be tried or sentenced in a District Criminal Court constituted in a district other than the district in which he was previously directed to be tried or sentenced, and that person shall be tried or sentenced accordingly.

(2) Where an order is made under subsection (1) of this section, any recognizance for the appearance of a witness shall on such witness being served with a copy of the order, be effectual to compel him to attend at the place and time mentioned in the order as the place and time he is required to attend.

* * * * * * * * * *

(4) Where a person ordered to be tried or sentenced in a District Criminal Court constituted in a district other than the district in which he was previously directed to be tried or sentenced is in prison, the Sheriff, on being served with a duplicate of the order, shall cause him to be conveyed to the place and at the time mentioned in the order.

District criminal court provisions and other Acts to be read and construed in pari materia

338. (1) Without affecting the operation of section 22 of the Acts Interpretation Act, 1915-1957, as amended, the Acts mentioned in subsection (2) of this section shall be read and construed as in pari materia with the district criminal court provisions and, for the purpose of their operation with respect to the administration of criminal justice in District Criminal Courts, as in pari materia with one another; and those Acts and the district criminal court provisions shall accordingly receive such large and liberal construction as will best ensure the attainment of the objects of the district criminal court provisions and the fair and expeditious administration of criminal justice in all its aspects in those courts.

(2) The Acts referred to in subsection (1) are—

(a)	the Justices Act, 1921-1965, as amended;
(b)	the Juries Act, 1927-1965, as amended;
(c)	the Criminal Law Consolidation Act, 1935-1966, as amended;
(d)	the Prisons Act, 1936-1968, as amended;
(e)	the Juvenile Courts Act, 1965-1966, as amended;
and
(f)	the Offenders Probation Act, 1913-1963, as amended.

Attorney-General may before judgment enter nolle prosequi in District Criminal Court

339. Without derogating from any other power conferred by law, the Attorney-General or counsel appearing on his behalf, may at any time before judgment enter a nolle prosequi in respect of any count in an information upon which a person has been presented for trial before a District Criminal Court.

Administrative responsibilities of Attorney-General

340. (1) Notwithstanding anything contained in this Act or in any rule of court, the Attorney-General shall be solely responsible for preparing and forwarding to the Senior Judge and the Sheriff lists of persons who are, from time to time to appear for trial or sentence or otherwise in due course of law, at the several sittings of the District Criminal Courts throughout the State.

(2) At any sitting of a District Criminal Court, the Attorney-General may determine the order in which persons are initially presented for trial or called on for sentence or otherwise required to appear in due course of law.

(3) In the exercise of his executive and administrative responsibilities under the district criminal court provisions generally, and this section in particular, the Attorney-General shall endeavour to ensure that the cases of persons not on bail are brought on before those on bail and that, generally, all lists are disposed of with as little delay as is reasonably practicable.

Power of Crown Prosecutor and others appointed by Attorney-General as to informations, etc.

340a. (1) It shall be lawful for the Attorney-General by writing under his hand to appoint the Crown Prosecutor, or any person named therein, to represent him on all matters before District Criminal Courts or on all or any particular matters before any District Criminal Court and in the name and on behalf of the Attorney-General to—

(a)	present any information which the Attorney-General might have presented;
and
(b)	amend any information which has been signed by or on behalf of the Attorney-General, before it is presented to the Court.

(2) The Crown Prosecutor or other person so appointed may, so long as the appointment has not expired or been revoked, represent the Attorney-General on all or any matters before District Criminal Courts, or on that particular matter or those particular matters before that Court, as the case may be, and any information so presented or amended shall be deemed for all purposes to have been presented or amended, as the case may be, by the Attorney-General.

(3) An appointment under subsection (1) of this section of some other person to represent the Attorney-General on any particular matter before any District Criminal Court does not revoke a general appointment under that subsection of the Crown Prosecutor to represent the Attorney-General on all matters before District Criminal Courts.

(4) An appointment under this section is revocable at will and does not prevent the Attorney-General himself from appearing and being heard on any matter before a District Criminal Court or from presenting or amending any information and any such appearance by the Attorney-General or presentation or amendment of an information by him does not of itself have the effect of revoking an appointment under subsection (1) of this section.

Appropriation of fines and penalties

341. All fines and penalties imposed by any District Criminal Court under the authority of the district criminal court provisions or the rules of court thereunder shall, except where otherwise especially appropriated, be paid to the Treasurer for the purposes of the General Revenue of the State.

Remission of fees

341a. A District Criminal Court, or a Judge, may remit, in whole or in part, a fee payable under the district criminal court provisions, or the rules of court under the district criminal court provisions, if it appears to the Court or Judge that the remission should, on account of the poverty of the party liable to pay the fee, or for any other reason, be granted.

Appropriation of moneys

342. All moneys received as fees or penalties under the district criminal court provisions or the rules of court thereunder shall, unless otherwise expressly appropriated, be paid to the Treasurer for the purposes of the General Revenue of the State.

SCHEDULES

THE FIRST SCHEDULE

ACTS REPEALED

Title of Act Number and Year of Act

Local Courts Act, 1886	No. 386 of 1886
Local Court Appeals Amendment Act, 1887	No. 411 of 1887
The Local Courts Amendment Act, 1888	No. 431 of 1888
The Local Courts Act Amendment Act, 1889	No. 464 of 1889
The Local Courts Act Further Amendment Act, 1913	No. 1112 of 1913

THE SECOND SCHEDULE

FEES ON COMMISSIONS FOR THE EXAMINATION OF WITNESSES

$60 and

Under $60	Upwards
$	$

Instructions for order or commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.65 0.65

Drawing and engrossing affidavit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.65 1.30

Application for order or commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00 2.00

Obtaining appointment from Commissioner for examination . . . . . . . . . . . . . . . . . .	0.65	0.65
Copies of order or commission	. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	5c per folio

Drawing notice to serve on witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	10c per folio
Copying . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	5c per folio

Service of a copy order or commission with notice . . . . . . . . . . . . . . . . . . . . . . . . ( the same as for service of

( a subpoena

Attending examination, per day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	2.10	4.20
Fee to clerk of court or other commissioner, per day . . . . . . . . . . . . . . . . . . . . . . .	2.10	4.20
Journeys of clerk of court or other commissioner to place

of examination, each way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5c per mile

Attending for office copy of depositions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.30 0.30

* * * * * * * * * *

THE FIFTH SCHEDULE

Practitioners’ Fees

* * * * * * * * * *

APPENDIX

Legislative History

Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this

Act contained in Volume 6 of The Public General Acts of South Australia 1837-1975 at page 70.

Section 4(1):  definition of "Master" inserted by 33, 1987, s. 3
definition of "Registrar" inserted by 34, 1981, s. 29(a); substituted by

33, 1987, s. 3

Section 4(2):  definition of "small claim" amended by 109, 1981, s. 5(a); 78, 1987, s.

3(a)

definition of "the jurisdictional limit of local courts of limited jurisdiction" inserted by 109, 1981, s. 5(b); amended by 78, 1987, s. 3(b)
definition of "the local court jurisdictional limit" substituted by 109,

1981, s. 5(b); amended by 70, 1985, s. 5

Section 4(3):  definition of "clerk of arraigns" inserted by 34, 1981, s. 29(b)
definition of "group I offence" amended by 115, 1976, s. 22; 109, 1981,

s. 5(c)

definition of "group II offence" amended by 109, 1981, s. 5(d) definition of "group III offence" amended by 109, 1981, s. 5(e) definition of "officer" amended by 34, 1981, s. 29(c)
definition of "Registrar" repealed by 34, 1981, s. 29(d)

Section 5:	amended by 34, 1981, s. 30
Section 5a(2):	repealed by 34, 1981, s. 31; inserted by 109, 1981, s. 6
Section 5a(3):	repealed by 34, 1981, s. 31; inserted by 7, 1985, s. 3
Section 5a(4):	inserted by 7, 1985, s. 3
Section 5ab:	inserted by 34, 1981, s. 32
Section 5ac:	inserted by 16, 1986, s. 28
Section 5b(2):	amended by 34, 1981, s. 33(a)
Section 5b(3):	amended by 109, 1981, s. 7(a), (b)
Section 5b(3a):	inserted by 109, 1981, s. 7(c); substituted by 95, 1988, Sched. 2
Section 5b(7):	substituted by 34, 1981, s. 33(b)
Section 5c(1):	amended by 70, 1985, s. 6(a); substituted by 95, 1988, Sched. 2
Section 5c(2):	amended by 34, 1981, s. 34
Section 5c(4):	substituted by 95, 1988, Sched. 2
Section 5c(5):	repealed by 95, 1988, Sched. 2
Section 5c(6):	inserted by 70, 1985, s. 6(b)
Section 5e:	substituted by 92, 1982, s. 5
Section 5e(1):	amended by 59, 1985, s. 10
Section 5f(2):	amended by 70, 1985, s. 7
Section 5la:	inserted by 70, 1985, s. 8
Part CI comprising s. 5m and heading inserted by 34, 1981, s. 35; repealed and ss. 5m - 5q and headings inserted in its place by 33, 1987, s. 4
Section 7(1):	amended by 70, 1985, s. 9
Section 8a:	amended by 70, 1985, s. 10
Section 12:	amended by 108, 1983, s. 5(a)
Section 14:	repealed by 108, 1983, s. 5(b)
Section 19(1):	amended by 70, 1985, s. 11
Section 25(2) and (2a):	inserted by 7, 1985, s. 4
Section 26(2):	amended by 7, 1985, s. 5(a)
Section 26(3) and (4):	inserted by 7, 1985, s. 5(b)
Section 27(1):	amended by 7, 1985, s. 6(a)
Section 27(2):	amended by 7, 1985, s. 6(b)
Section 27(3) - (5):	inserted by 7, 1985, s. 6(c)
Section 31:	amended by 109, 1981, s. 8
Section 32:	amended by 109, 1981, s. 9
Section 35h:	inserted by 102, 1986, Sched.
Section 57(1):	amended by 109, 1981, s. 10
Section 58(1):	amended by 109, 1981, s. 11(a)
Section 58(3):	amended by 109, 1981, s. 11(b), (c)
Section 80(1a):	inserted by 7, 1985, s.7(a)
Section 80(2):	amended by 70, 1985, s. 12
Section 80(3):	amended by 7, 1985, s.7(b)
Section 80(4):	inserted by 7, 1985, s. 7(c)
Section 83(1):	substituted by 7, 1985, s. 8
Section 83(1a):	inserted by 7, 1985, s. 8
Section 87:	substituted by 54, 1980, s. 2
Section 88:	amended by 54, 1980, s. 3
Sections 91 and 92:	repealed by 7, 1985, s. 9
Section 94:	substituted by 7, 1985, s. 10
Section 94a:	inserted by 7, 1985, s. 10
Section 95:	amended by 7, 1985, s. 11
Section 95a:	inserted by 7, 1985, s. 12
Section 96(1):	redesignated as s. 96(1) by 7, 1985, s. 13
Section 96(2):	inserted by 7, 1985, s. 13
Section 97(1):	substituted by 7, 1985, s. 14(a)
Section 97(1a):	inserted by 7, 1985, s. 14(a)
Section 97(3) and (4):	inserted by 7, 1985, s. 14(b)
Section 106:	repealed by 7, 1985, s. 15
Section 107:	substituted by 7, 1985, s. 16
Section 107(2):	amended by 109, 1981, s. 12
Section 109(1):	amended by 7, 1985, s. 17(a)
Section 109(2):	repealed by 7, 1985, s. 17(b)
Section 126(1):	amended by 109, 1981, s. 13
Section 135(2):	amended by 54, 1980, s. 4
Section 152b(1):	amended by 109, 1981, s. 14
Section 152f(1):	amended by 109, 1981, s. 15; 78, 1987, s. 4
Section 152g:	inserted by 109, 1981, s. 16
Section 153(1):	amended by 109, 1981, s. 17
Section 153(2):	amended by 70, 1985, s. 13(a), (b)
Section 153(3) and (4):	inserted by 70, 1985, s. 13(c)
Section 165(1) and (2):	amended by 109, 1981, s. 18
Section 168:	amended by 109, 1981, s. 19
Section 175(2a):	inserted by 109, 1981, s. 20(a)
Section 175(3):	amended by 109, 1981, s. 20(b); 7, 1985, s. 18(a)
Section 175(3a):	inserted by 7, 1985, s. 18(b)
Section 175(4):	substituted by 109, 1981, s. 20(c)
Section 175(4a) and (4b):	inserted by 109, 1981, s. 20 (c)
Section 175(6):	inserted by 109, 1981, s. 20(d)
Section 177:	amended and redesignated as s. 177(1) by 109, 1981, s. 21
Section 177(2) and (3):	inserted by 109, 1981, s. 21(b)
Section 178:	amended and redesignated as s. 178(1) by 109, 1981, s. 22
Section 178(2):	inserted by 109, 1981, s. 22(b)
Section 179:	amended by 109, 1981, s. 23
Section 180(3):	amended by 109, 1981, s. 24
Section 181(2):	amended by 109, 1981, s. 25
Section 183(1):	amended by 109, 1981, s. 26
Section 216(1):	amended by 109, 1981, s. 27
Section 218(2):	substituted by 7, 1985, s. 19
Section 228(1):	amended by 109, 1981, s. 28
Section 230(1) and (3):	amended by 109, 1981, s. 29
Section 259(1):	amended by 54, 1980, s. 5; 109, 1981, s. 30
Section 279(3):	amended by 109, 1981, s. 31
Section 284:	amended by 109, 1981, s. 32
Section 285:	amended by 109, 1981, s. 33
Section 294(1):	substituted by 109, 1981, s. 34(a)
Section 294(2):	repealed by 109, 1981, s. 34(a)
Section 294(3a):	inserted by 109, 1981, s. 34(b)
Section 295(1):	amended by 109, 1981, s. 35
Section 296(1):	amended by 109, 1981, s. 36
Section 299:	repealed by 56, 1984, s. 6
Section 302:	amended by 109, 1981, s. 37
Section 302(c):	repealed by 109, 1981, s. 37
Section 320:	amended by 70, 1985, s. 14; 33, 1989, s. 10
Section 321(1):	amended by 34, 1981, s. 36(a)
Heading preceding section 324:	amended by 34, 1981, s. 36(b)
Section 324(1):	amended by 34, 1981, s. 36(c)
Section 324(4):	amended by 34, 1981, s. 36(d)
Section 325:	substituted by 34, 1981, s. 36(e)
Section 326(1):	amended by 34, 1981, s. 36(f)
Section 326(2):	amended by 34, 1981, s. 36(g)
Section 328(2):	substituted by 109, 1981, s. 38
Section 329:	repealed by 51, 1988, s. 69
Section 331:	repealed by 81, 1984, s. 38
Section 332(1):	repealed by 34, 1981, s. 36(h)
Section 333(6):	amended by 34, 1981, s. 36(i)
Sections 335 and 336:	repealed by 109, 1981, s. 39
Section 337(3):	repealed by 6, 1985, s. 5
Section 341a:	inserted by 109, 1981, s. 40
3rd and 4th Schedules:	repealed by 109, 1981, s. 41